HomeMy WebLinkAbout2532ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, relating to required public street
improvements, adding a new Chapter 4.15, Kent
City Code to provide for agreements to assess
charges against latecomers in order to
reimburse property owners required to make
comprehensive public street improvements prior
to development.
WHEREAS, the Legislature of the State of Washington has
provided in Chapter 126, Laws of 1983 and Chapter 35.72 RCW has
authorized the legislative authority of the City to contract with
owners of real estate for the construction or improvement of
street projects which the owners elect to install as a result of
ordinances that require the projects as a prerequisite to further
property development; and
WHEREAS, Chapter 35.72 RCW provides standards for such
"latecomer" contracts; and
WHEREAS, the City of Kent has utilized "latecomer"
agreements in the past to facilitate developments; and
WHEREAS, it is in the best interest of the City and
developers to provide for such contracts for street projects; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. A new chapter, Chapter 4.15, Kent City Code,
is hereby added as follows:
4.15.010. Latecomer Charges.
A. Reimbursement Agreements Authorized.
1. The City Council of the City of Kent may, by
ordinance, direct the Director of Engineering to enter into an
agreement with an applicant for a development or buiding permit
who is required to make public street improvements, upon written
request by the applicant. The agreement shall provide for partial
reimbursement of the cost of making the above public street
improvements via assessments against other property owners who:
a.
Are determined to be within the assessmen
reimbursement area pursuant to 4.15.010 C;
b. Are determined to have a reimbursement
share based upon a benefit to the property owner pursuant to
4.15 .010 B,
c. Did not contribute a proportionate share
of the original cost of the public street improvement; and
d. Subsequently develop their property withi
the fifteen year period and at the time of development are not
required to install similar street improvements because the
improvements were already constructed by the applicant in
accordance with this chapter.
2. No agreement may encompass a period greater
than fifteen years.
3. Street improvements which may be subjects of
reimbursement agreements are set forth as follows:
a. Paved roadways;
b. Street lighting systems;
C. Sidewalks and walkways;
d. Curbs and gutters;
e. Storm drainage systems;
f. Traffic controls.
B. Reimbursement Costs - Determination. Reimbursement
amounts shall be a pro -rata share of construction and contract
administration costs of the project. The Director shall determine
the reimbursement share by using a method of cost apportionment
which is based upon the benefits of the property owner from such
project.
C.
Reimbursement Assessment - Procedures. The
procedures for assessment reimbursement contracts shall be as
follows:
1.
An assessment reimbursement area shall be
formulated by the Director based upon a determination as to which
parcels adjacent to the improvements would require similar street
improvements upon development.
2. The preliminary determination of area
boundaries and assessments, along with a description of the
property owner's rights and options, shall be forwarded by
registered mail to the property owners of record within the
proposed assessment area. If any property owner requests a
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hearing in writing within twenty (20) days of the mailing of the
preliminary determination, a hearing shall be held before the r;t
Council, notice of which shall be given to all affected property
owners. The City Council's ruling is determinative and final
3. The contract must be recorded in the Kin
County Auditor's Office within thirty (30) days of the final
execution of the agreement.
4. If the contract is so filed, it shall be
binding on owners of record within the assessment area who are ni
arty to the contract.
Section 2. 4.15.020 Provisions Not Exclusive. The
authority to enter into agreements as provided in this ordinance
shall be in addition to the authority of the City pursuant to the
police power and other statutes, laws, rules and ordinances; and
shall not be deemed exclusive.
Section 3. Any ordinance in conflict herewith is hereby
superceded by the provisions of this ordinance.
Section 4. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause,
sentence, paragraph, subdivisions, section or portion of this
ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the
remainder of the ordinance, or the validity or its application to
other persons or circumstances.
Section 5. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
Section 6. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
ISABEL HOGAN, MAYO
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n
ATTEST:
MARIE JENS CITY CLERK
APPROVED AS TO FORM:
P. STEPKER DiJULIO, CITY ATTORNEY
PASSED the day of
APPROVED they day of
PUBLISHED the —day of
1984.
1984.
I hereby certify that this is a true copy of Ordinance
No. passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereo
indicated.
( SEAL )
MARIE JgNSEN, CITY CLERK
01970-100