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HomeMy WebLinkAboutORD 4189 . � + • ' � � ' ' ' , � • . . , . , , ° • ' Amends Ordinance No. ` 3671 Amended by Ordinance No. 4192 , , Amended by Ord #4206--transl-er- ed to Ti tl e V = � • Amended By ORD ��4443 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4189 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE IX (PUBLIC WAYS AND PROPERTY) OF ORDINANCE NO. 1628 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" BY ADDING A NEW CHAPTER ENTITLED LATECOMER'S AGREEMENTS, AND AMENDING CHAPTER 41, FEE SCHEDULE, OF TITLE I (ADMINISTRATIVE) ESTABLISHING THE AUTHORITY, PROCEDURE, AND FEES FOR LATECOMER'S AGREEMENTS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Title IX (Public Ways and Property) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding the following chapter: CHAPTER 17 - LATECOMER'S AGREEMENTS 9-1701: AUTHORITY: The City has the discretionary power to grant latecomer's agreements to developers, owners, and the City itself for the reimbursement of a pro rata portion of the original costs of water. systems, sanitary sewer systems, storm water drainage systems, and street improvements including signalization and lighting. The authority to approve a latecomer's agreement is vested in the Renton City Council . 9-1702 : APPLICATION: Application for a latecomer's agreement sha�l be made prior to the installation of the improvement. Application may be by letter to the Mayor and City Council requesting a latecomer's agreement, or upon forms prepared by the public works department. Any application for a latecomer's agreement shall contain the following information: 1 , ;, • , � � • ' ' , '" - • , . ORDINANCE N0. 4189 A. Legal description of applicant's property. B. Legal description of the benefited properties . C. Vicinity maps of applicant' s property, benefiting properties, and the location of the improvement. D. Estimated cost data and inventory for the improvements. E. Proposed pro rata share of the cost of the improvement to be borne by the benefiting properties, and a proposed method of assessment of that pro rata share to the individual benefiting properties . 9-1703: PRELIMINARY APPROVAL: The City Council may grant preliminary approval for a latecomer's agreement for a period of two years, based upon the information contained in the request for a latecomer' s agreement and any input from the Administration, or the City Council may request further information from the applicant and/or the Administration, or the City Council may deny the preliminary latecomer' s agreement. As part of any preliminary approval, the Council shall indicate the duration for which the latecomer's will be approved, after completion of the improvements, which approval period shall not be more than ten years . Likewise, the Council shall indicate whether or not the applicant will have an option to extend the agreement, for one time only, for a period of up to an additional five years . 9-1704: NOTICE OF LATECOMER'S AGREEMENT: A. PRIVATE LATECOMER'S: Upon drafting of the preliminary assessment roll, the preliminary determination of the latecomer' s area boundaries and assessments, along with the description of the property owners ' rights and options to participate in the 2 . , , , ,.� • � . ORDINANCE N0. 4189 latecomer's agreement, shall be forwarded by registered mail, return receipt requested, to the property owners within the proposed assessment area. The property owners may request a hearing before the Renton City Council within twenty (20 ) days of the mailing. The City Council, by ordinance or voice vote, may delegate the Hearing Examiner or other hearing officer to hold the requisite public hearing and establish a record, together with a recommendation for the Renton City Council. The City Council 's ruling is determinative and final . B. CITY PARTICIPATION: The City may participate in a street latecomer' s area where the City has joined in the financing of the road improvements that will benefit undeveloped properties . No improvements that benefit the general public may be subject to a City held latecomer' s agreement. The City may be reimbursed for its investment in the road improvements in the same manner as the owners of real estate who participate in the project and request a latecomer's status . Interest on any City held latecomer's agreement shall accrue at the rate calculated, pursuant to City Code Section 3-241 (B) . Interest charges should be simple interest and not compound interest. The City of Renton may hold and charge certain other fees similar to latecomer's charges which are commonly referred to as special utility connection charges and/or special assessment district charges, pursuant to Sections 3-241 and 8-717 of the City Code. 9-1705: FINAL LATECOMER'S AGREEMENT: Upon completion of the improvement, final costs shall be submitted to the City. The public 3 ORDINANCE N0. 4189 works department shall prepare a final proposed latecomer's agreement and accompanying assessment roll . The assessment roll shall list all of the benefited property ownerships as disclosed by the records of the King County Assessor. The cost of the improvements will be spread among the property owners on the roll based upon their pro rata share of said costs . The method of assessment to be used will be one of or a combination of the following methods, unless otherwise approved or directed by the Renton City Council: a. front foot method b. zone front foot method c. square footage method d. contract method e. trip generation (traffic) method (if applicable) f. other equitable method g. any combination of inethods a through f. 9-1706: RECORDING AND NOTICE: Following receipt of the assessment roll, the City Council, if provided with sufficient information and if the improvement and cost thereof are consistent with the preliminary approval, shall grant the latecomer' s agreement and authorize the Mayor and City Clerk to sign the same. The fully executed latecomer's agreement shall be recorded in the official property records of King County, Washington. 9-1707 . CONTRACT FINALITY: Once the latecomer' s agreement is recorded in the appropriate county auditor' s office, it shall be binding on owners of record within the assessment area who are not party to the contract. Such contract must be recorded within thirty 4 ORDINANCE N0. 4189 (30) days of final execution of the agreement. The city requires that a second notice reflecting final costs be mailed to the property owners by certified mail, return receipt requested, bearing the King County Auditor' s File Number on the latecomer's agreement reflecting final costs . 9-1708. TITLE TO IMPROVEMENT AND ASSIGNMENT OF BENEFIT: Before the City will collect any latecomer' s fee, the holder of the latecomer's agreement will transfer title to all of the improvements under the latecomer' s agreement to the City of Renton. The holder of the latecomer' s agreement will also assign to the City the benefit and right to the latecomer' s fee should the City be unable to locate the holder of the latecomer' s agreement to tender any latecomer' s fee that the City has received. The holder of the latecomer' s agreement shall be responsible for keeping the City informed of their correct mailing address . Should the City be unable to locate the holder of the latecomer' s agreement in order to deliver a latecomer's fee, the City shall undertake an independent investigation to determine the location of the holder of the latecomer's agreement. Should the City, after a good faith attempt to locate the holder of the latecomer's agreement be unable to do so, the latecomer's fee shall be placed in the Special Deposit Fund held by the City of Renton for two years . At any time within the two year period the holder of the latecomer' s agreement may receive the latecomer' s fee, without interest, by applying to the City for that latecomer' s fee. After the expiration of the two year period, all rights of the holder of the latecomer's agreement to that fee 5 ORDINANCE N0. 4189 shall expire, and the City shall be deemed to be the owner of those funds . 9-1709. TENDER OF FEE: When the City of Renton has received the funds for a latecomer' s fee, it will forward that fee to the holder of the latecomer' s agreement within thirty ( 30} days of receipt of the funds . Funds received by negotiable instrument, such as a check, will be deemed received ten ( 10) days after delivery to the City. Should the City fail to forward the latecomer's fee to the holder of the latecomer' s agreement through the City's sole negligence, then the City shall pay the holder of the latecomer's agreement interest on those monies at the rate of interest specified in City Code Section 3-241 {B) . However, should the holder of the latecomer's fee not keep the City informed of its current correct mailing address, or should the holder otherwise be negligent and thus contribute to the failure of the City to pay over the latecomer' s fee, then no interest shall accrue on late payment of the latecomer' s fee. 9-1710. RELEASE OF ASSESSMENT: When funds are received for a latecomer' s fee, the City will record a certificate of payment and release of assessment for the real property owned by the party paying the latecomer' s fee, within thirty (30 ) days of receipt of the funds . 9-1711. EXTENSION: When authorized by the City Council, a latecomer's agreement can be extended for a period of up to five years . The extension will be granted upon written request for such extension made by the holder of the latecomer's agreement prior to the expiration of the agreement. The latecomer' s agreement will 6 ORDINANCE N0. 4189 expire at the end of the ten year period of time or, if extended, at the end of the extended period of time. If a latecomer's agreement expires and properties abutting the improvements listed on the assessment rolls have not paid their latecomer' s fee, then those properties are to be considered as not having participated in the water, sanitary sewer, and storm water (drainage) utility improvements pursuant to City Code Sections 3-241 (A) and 3-241 (B) for water, and Section 8-717 (A) for sanitary sewer. 9-1712. FEES: There shall be a fee for the administration processing and collecting of latecomer's agreement, which fee shall be in the amount of 15� of the total amount to be collected. Prior to the granting of the final latecomer's agreement there shall be paid to the City of Renton a processing fee in the amount of $1, 000 . 00 if the amount to be collected under the latecomer' s agreement is $10, 000 or more and $200 . 00 if under $10, 000, which amount shall be credited against any amount to be collected against the 15� fee. The 15� fee will be collected by deduction from each individual latecomer fee payment and the balance forwarded to the developer. 9-1713. CITY NOT RESPONSIBLE: By instituting the latecomer' s agreement the City of Renton does not agree to assume any responsibility to enforce the latecomer' s agreement. The assessment roll will be a matter of public record and will serve as a notice to the owners of the potential assessment should connection to the improvements be made. The holder of the latecomer's agreement has responsibility to monitor those parties connecting to the improvement. Should the City become aware of such a connection, it 7 ORDINANCE N0. 4189 will use its best efforts to collect the latecomer's fee but shall not incur any liability should it inadvertently fail to collect the latecomer's fee. SECTION II. Existing Chapter 41 of Title I (Administrative) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton, " subsections 17 and 18 thereof are hereby amended to read as follows : 17 . Latecomer's Agreements . Section 1-4101 . 17 as amended: A: Latecomer' s Deposit $1, 000 . 00 if the amount 9-1712 covered by the latecomer's is $10, 000 . 00 or more and $200 . 00 if under, which will be credited towards a processing fee. B: Latecomer' s Processing 15$ of total . 9-1712 Fee C: Recording Fees as expended by the City. 9-1712 18 . Revoked. SECTION III. This Ordinance shall be effective upon its passage, approval, and thirty days after publication. PASSED BY THE CITY COUNCIL this 21st day of November , 1988 . ���.-� � �,,� �. l"1-,�""� J .�,%1_,.-,�L'-�G-�z4 .fF�> ,.''..!'_.!'^z�".�l. Maxine E. Motor, Cit:�� Clerk APPROVED BY THE MAYOR this 21st�y of November , 1988 � �- t '� � �!� l,.� � '`��-'�,���„ r r .t, Earl Clymer, �yor �` e. _.3 Approv as to form: Law ence J. en, i y Attorney Date of Publication: Published in Summary November 25, 1988 ORD.45 : 10-20-88 :as . 8