The URL can be used to link to this page

Home My WebLink AboutO-1296 - Adds Sec. 18.24.045, planning of developments (Repealed by 2852).',_... ,..... CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE· NO.Jf).q~ AN ORDINANCE OF THE CITY OF MARYSVILLE ENACTING .AUTHORITY FOR RECOVERY CONTRACTS FOR THE COST OF CONSTRUCTING OR IMPROVING PUBLIC STREETS AND ..REGIONAL STORM DRAINAGE FACILITIES THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON, DO ORDAIN AS FOLLOWS: A new Section 18.24.045 of the Marysville Municipal Code is hereby enacted to provide as follows: 18.24.045 Recovery Contracts.At the option of the City Council,a proponent may be allowed to enter into a Recovery Con- tract with the City providing for partial reimbursement to the pro- ponent,or its assignee,of costs of regional capital improvements required by this chapter,including design,grading,paving and installation of streets,curbs,gutters,storm drainage,sidewalks, street lighting,traffic controls and other similar improvements ' required by the street standards of the City,and regional storm drainage facilities.Such contracts shall be governed by the follow- ing provisions: (a)An Assessment Area shall be formulated based upon a determination by the City as to which parcels of real estate adjacent to the street improvements would be required by this chapter to make similar improvements at the time development is proposed for said parcels;in the case of regional storm drainage facilities,a similar analysis shall be made with respect to all parcels within the drain- age basin as defined by the City. (b)The reimbursement share of all property owners in the Assessment Area shall be a pro rata share of construction and contract administration costs of the improvement project.The City shall determine the reimbursement share by using a method of cost apportionment which is based upon the benefit to Ordinance - 1 , ,'\ .. each property owner from the project.There shall be no reimbursement to the proponent for the share which is allocated to its property, nor for any contributions paid by the City. (c)A preliminary determination of area boundaries and assessments,along with a description of the property owners'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 hearing in writing within twenty (20)days of the mail- ing of the preliminary determination,a hearing shall be held before the City Council,notice of which shall be given to all affected property owners.The City Council's ruling shall be determinative and final. (d)The City Council shall establish an interest rate which shall accrue for the benefit of the pro- ponent,or its assignee,on all unpaid assessments. Said interest rate shall be included in the recovery contract. (e)The contract,upon approval by the City Council, shall be recorded in the records of the Snohomish County Auditor within thirty (30)days of such approval.A recorded contract shall constitute a lien against all real property within the Assessment Area which did not contribute to the original cost of the project improvements. (f)If within a period of fifteen (15)years from the date the contract was recorded any property within the Assessment Area applies for development rights which implement the requirements of this chapter, the lien for payment of said property's proportion- ate share,plus accrued interest,shall become immediately due and payable to the City as a con- dition of receiving development approval. (g)All assessments and interest collected by the City pursuant to a recovery contract shall be paid to the original party constructing the improvement, or his personal representative,successors or assigns,within thirty (30)days after receipt by the City,less an administrative charge of $50.00 for each collection. Ordinance - 2 ·, r.lASSED by th!fity Council a.nd APPROVED by the Mayor this 22 II-day of ~ClJ t ,1983. THE CITY OF MARYSVILLE YOR ATTEST: APPROVED AS TO FORM: BY~#J(k~CITY ATTORNEY Ordinance - 3 AFFIDAVIT OF PUBLICATION N 0._ STATE OF WASHINGTON, County of Snohomish, SS. Jill E.Woodworth..__,being first duly sworn-----------------------_._----- . h secretaryonoathdeposesandsaysthatheISt e ....__.. _ of THE MARYSVILLE GLOBE,a wee~y newspaper. That said newspaper is a legal newspapl;!!which h~been ap- proved by order of the Superior Court In Snohomish ~ounty------~-~·~."....n_·_-,,---,-'-•.Chapter 213 of Washington .CHY OF MARYSVILLE J has been for more than six Marysville,Washington publication hereinafter re- ORDINANCE NO.1296 Ih language continually as a AN ORDINANCE OF THE CITYOF MARYSVILLE ENACTING AUTHORITY FOR Snohomish County,Wash- .RECOVERY CONTRACTS FOR THE COST OF CONSTRUCTING OR IMPROVING'all of said time was printed PUBLIC STREETS AND REGIONAL.STORM DRAINAGE FACIL.ITIES :foresaid place of publication THE CITY COUNCIL OF THE CITY OF MARYSVIL.LE,WASHINGTON,DO OR--exed is a true copY'of a DAIN AS FOLLOWS:' Anew Section 18.24.00 of the Marysville Municipal COCIe Ishereby enacted to provide'as it was as follows:':-;oTi;-;~pplement form)of 18.24.045 Recovery Contracts. At the option of the City Council,a proponent may be'; allowed to enter Into a Recovery contract with the Cityproviding for partial relmburse-:one ment to the proponent, or Its assignee,of costs of regional capital Improvements re-.:or a period of con- qulred by this Chapter, Including design,grading,paving and Installation of streets, curbs,gutters,storm drainage,sidewalks,street lighting,traffic controls and other'h 2 " th d fAugus tsimilarImprovementsrequired by the street standards of the City, and regional storm.e __~_____ay 0 --• drainage facilities. Such contracts shall be governed by the following provisions:', to ~~I~~::~:~mJ~~:.r::t:r:~d~:~~r:::1~~s~:~~:O~e~~:~~:JI~'b~~~~~::J ::~t.b day of _AUSMt 19 J~3_. this chapter to make similar Improvements at the time development Isproposed for said uch newspaper was regularly parcelsi In the case of regional storm drainage facilities,'a similar analysis shall be uring all of said period.That made with respect to all parcels within the drainage basin as defined by the City.rged for the foregoing publi- (b) The reimbursement share of all property owners Inthe Assessment Area shall be a pro rata share of construction and contract administration costs of the Imrpovement pro-B [ect. TheCityshall determine the reimbursement share byusing a method ofcost appor- : ,which amount has been tlonment which Isbased uponthe benefit toeach property ownerfrom the ereteet,There shall be no reimbursement tothe proponent for the share Which Isallocaed to Its proper- ty, nor for any contributions paid by the City.. (c) A preliminary determination of area boundaries and assessment,along with a ...._""""_'~_.,.,._~_.".1.A.<~v.~ description of the property owners'rights and options, shall be forwarded by registered .~ mall to the property owners of record within the proposed AssessmentArea.If any pre-:.;zperty owner requests a hearing Inwriting within twenty (20)days.of the mailing of the,ore me this ___ preliminary determination,a hearing shall be held before the City Council, notice of Which shall be given to all affected property.owners. The City Council's ruling Shallbe'19.d:S~ determinative and final.,.-,$ (d) The City Councilshall establish an Interest rate which Shall accrue for the benefit ~........."...ofthe proponent, or Itsassignee, on all unpaid assessments.SaidInterest rate shall be In-.. eluded In the recovery contract."., md for the State of Washington, (e) The contract,uponapproval bythe CityCouncil,shall be recordedInthe records of ding at Marysville the Snohomish county Auditorwithin thirty (30)days of such approval.Arecorded con-:. tract shall constitute a lien against all real property Withinthe AssessmentArea which did not contribute to the original cost of the proJect Improvements. (f) If withIn a period of fifteen (15)years from the date thecontract was recorded any property within the Assessment Area applies for developmentrights which Imple· ment the requirements of this chapter,the lien for payment of said property's propor· tlonate share,ptus accrued Interest,shall become Immediately due and payable to the City as a condition of receiving devleopment approval. (g) All assessments and Interest collected by the City pursuant toa recovery contract shall be paid to the orIginal party constructing the Improvement,or his personal representative,successors or assigns,within thirty (30)days afterreceipt by the City, lesSan administrative charge of $50.00 for each collection. PASSee by the City council and APPROVED by the Mayor this 22nd day of August. 1983.THE CITYOF MARYSVILLE . ",lty Daryl Brennlck, Mayor '., Attest:By'Phillip E.Dext~f}'Clty Clerk . Approved as to Form:By James H. Allendoerfer,City Atty. published:August 24,1983 .