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Home My WebLink AboutO-1364 - Amends Sec. 14.04.090, 14.04.170 and 14.16.130, water, sewers and storm drains (Repealed by 2245).. I ,..~ CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.13"Ji AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING SECTIONS 14.04.090,14.04.170 and 14.16.130 OF THE MARYSVILLE MUNICIPAL CODE RELATING TO RECOVERY CONTRACTS FOR WATER,SEWER AND STORM DRAINAGE UTILITIES THE CITY COUNCIL OF THE CITY OF ~~RYSVILLE,WASHINGTON DO ORDAIN AS·FOLLOWS: Section 1.That portion of Section 14.04.090 titled "Recovery Contract"is hereby amended to provide as follows: Recovery Contracts.At the option of the City Council, any party having constructed a public water line at its own cost may be allowed to enter into a Recovery Contract with the City providing for partial reimbursement to such party,or its assignee,for the costs of such construction,including the costs of engineering and design work,and all costs 'of labor and materials reasonably incurred.Such contracts shall be governed by the following provisions: (a) (b) (c) Ordinance - 1 Within 60 days after a utility line is accepted by the City and a Bill of Sale/ Warranty is filed with respect to the same, the proponent of the Recovery Contract shall submit a request for the same,using a form supplied by the City,together with supporting documentation showing all costs incurred in the project. An assessment area shall be formulated based upon a determination by the City as to which parcels of real estate adjacent to the utility line will be directly benefitted by the same. The reimbursement share of all property owners in the assessment area shall be a pro-rata share of the total cost of the project,less any contributions paid by the City.Each reimbursement share shall be determined by using a method of cost apportionment which is based upon the benefit received by each property from the project. This will generally be pro-rated on a front footage basis.There shall be no reimburse- ment to the proponent for the share of the benefits which are allocated to its property. ""1'-'.~.. · . .w ,_•,, (d)A preliminary determination of the area boundaries and assessments,along with a description of the property owners I rights and obligations,shall be forwarded by certified mail to the property owners of record within the proposed assessment area. If any property owner requests a hearing in writing within 20 days of mailing 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. (e)The contract,upon approval by the City Council,shall be recorded in the records of the Snohomish County Auditor within 30 days of such approval.The recorded contract shall constitute a lien against all real property within the assessment area which did not contribute to the original cost of the utility project. (f)If,within a period of 15 years from the date the contract was recorded,any property within the assessment area applies for connec- tion to the utility line,the lien for payment of said property1s proportionate share shall become immediately due and payable to the City as a condition of receiving connection approval. (g)All assessments collected by the City pursuant to a Recovery Contract shall be paid to the original proponent,its personal representative, successors or assigns,within 30 days after receipt by the City,less an administrative charge of $50.00 for each collection. (h)At the termination of the IS-year recovery period,the lien shall continue,but all collections thereafter shall be for the benefit of the City and shall be deposited in the City's Utility Fund~ (i)Nothing in this section,nor any provision in a Recovery Contract,shall be construed as establishing the City as a public utility in areas not already connected to the City's utility system;nor shall this section,or any Recovery Contract,be construed as establishing express Ordinance - 2 ·.. or implied rights for any property owner to connect to the City's utility system without first qualifying for such connection by compliance with all applicable City codes and ordinances. Section 2.Section 14.04.170 of the Marysville Municipal Code is hereby amended to provide as follows: 14.04.170 Recovery Contracts.At the option of the City Council,any party having constructed a public sewer line at its own cost may be allowed to enter into a Recovery Contract with the City providing for partial reimbursement to such party,or its assignee,for the costs of such construction,including the costs of engineering and design work,and all costs of labor and materials reasonably incurred.Such contracts shall be governed by the following provisions: (a)Within 60 days after a utility line is accepted by the City and a Bill of Sale/ Warranty is filed with respect to the same, the proponent of the Recovery Contract shall submit a request for the same,using a form supplied by the City,together with supporting documentation showing all costs incurred in the project. (b)An assessment area shall be formulated based upon a determination by the City as to which parcels of real estate adjacent to the utility line will be directly benefitted by the same. (c)The reimbursement share of all property owners in the assessment area shall be a pro- rata share of the total cost of the project, less any contributions paid by the City.Each reimbursement share shall be determined by using a method of cost apportionment which is based upon the benefit received by each property from the project.This will generally be pro-rated on a front footage basis.There shall be no reimbursement to the proponent for the share of the benefits which are allocated to its property. (d)A preliminary determination of the area boundaries and assessments,along with a des- cription of the property owners'rights and obligations,shall be forwarded by certified mail to the property owners of record within the proposed assessment area.If any property Ordinance - 3 ,. w •• owner requests a hearing in writing within 20 days of mailing 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. (e)The contract,upon approval by the City Council,shall be recorded in the records of the Snohomish County Auditor within 30 days of such approval.The recorded contract shall constitute a lien against all real property within the assessment area which did not contribute to the original cost of the utility project. (f)If,within a period of 15 years from the date the contract was recorded,any property within the assessment area applies for connec- tion to the utility line,the lien for payment of said property's proportionate share shall become immediately due and payable to the City as a condition of receiving connection approval. (g)All assessments collected by the City pursuant to a Recovery Contract shall be paid to the original proponent,its personal representative, successors or assigns,within 30 days after receipt by the City,less an administrative charge of $50.00 for each collection. (h)At the termination of the IS-year recovery period,the lien shall continue,but all collections thereafter shall be for the benefit of the City and shall be deposited in the City's Utility Fund. (i)Nothing in this section,nor any provision in a Recovery Contract,shall be construed as establishing the City as a public utility in areas not already connected to the City's utility system;nor shall this section,or any Recovery Contract,be construed as establishing express or implied rights for any property owner to connect to the City's utility system without first qualifying for such connection by compliance with all applicable City codes and ordinances. Ordinance - 4 ,'..p I I.1\..' Section 3.Section 14.16.130 of the Marysville Municipal Code is hereby amended to provide as follows: 14.16.130 Recovery Contracts.At the option of the City Council,any party having constructed public storm drainage lines, facilities or appurtenances,at its own cost,may be allowed to enter into a Recovery Contract with the City providing for partial reimbursement to such party,or its assignee,for the costs of such construction,including the costs of engineering and design work, and all costs of labor and materials reasonably incurred.Such contracts shall be governed by the following provisions: (a)Within 60 days after a storm drainage line or facility is accepted by the City and a Bill of Sale/Warranty is filed with respect to the same,the proponent of the Recovery Contract shall submit a request for the same,using a form supplied by the City,together with supporting documentation showing all costs incurred in the project. (b)An assessment area shall be formulated based upon a determination by the City as to which parcels of real estate will be directly benefitted by the line or facility. (c)The reimbursement share of all property owners in the assessment area shall be a pro-rata share of the total cost of the project,less any contributions paid by the City.Each reimbursement share shall be determined by using a method of cost apportionment which is based upon the benefit received by each property from the project.This will generally be pro-rated on a front footage basis for storm drainage lines.There shall be no reimbursement to the proponent for the share of the benefits which are allocated to its property. (d)A preliminary determination of the area boundaries and assessments,along with a des- cription of the property owners'rights and obligations,shall be forwarded by certified mail to the property owners of record within the proposed assessment area.If any property owner requests a hearing in writing within 20 days of mailing of the preliminary deter- mination,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. Ordinance - 5 r 0...~.... this (e)The contract,upon approval by the City Council,shall be recorded in the records of the Snohomish County Auditor within 30 days of such approval.The recorded contract shall constitute a lien against all real property within the assessment area which did not contribute to the original cost of the utility project. (f)If,within a period of 15 years from the date the contract was recorded,any property within the assessment area applies for connection to the storm drainage line,or is developed or improved in such a manner as to use or impact the drainage facility,the lien for payment of said property's propor- tionate share shall become immediately due and payable to the City as a condition of receiving connection or development approval. (g)All assessments collected by the City pursuant to a Recovery Contract shall be paid to the original proponent,its personal representative, successors or assigns,within 30 days after receipt by the City,less an administrative charge of $50.00 for each collection. (h)At the termination of the IS-year recovery period,the lien shall continue,but all collections thereafter shall be for the benefit of the City and shall be deposited in the City's utility Fund. (i)Nothing in this section,nor any provision in a Recovery Contract,shall be construed as establishing the City as a public utility in areas not already connected to the City's utility system;nor shall this section,or any Recovery Contract,be construed as establishing express or implied rights for any property owner to connect to the City's utility system without first qualifying for ~uch connection by compliance with all applicable City codes and ordinances. PASSED by the City Council and APPROVED by the Mayor2.9 day of YAy ,1984. Ordinance - 6 ,.., APPROVED AS TO FORM: THE CITY OF MARYSVILLE MAYOR ATTEST: BY~~cr;CLERK BY~ Ordinance - 7 xc.,;2.t'3.tJk..Pf.Vb, 3 A-we I~~"offic.er '2.p,.IAJ,I>;'r~ '1 -,&"':' -,'{'.... ~."'-,~ AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, 55. ____L.in.d.8-1iebater--.----------.being first duly sworn on oath deposes and says that he is the;..s_e_Qr~_t.~.:r-3 .._ of THE MARYSVILLE GLOBE, a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941,and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a _______Q~9j:~.§l.n.Q~__#.J-..1gy.__--as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of __Qo...Ei __con- secutive weeks,commencing on the _6th day of _June.__. 19.84_.and ending on the _.nttL __day of _J_UOft_,19_8.4-, both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- .cation is tha sum of $'::.:45.Cl.~O.Q_~,which amount has been .paid in full -~l!l~_ Subscribed and sworn to before me this d-~---_ day of ~----.19~ ,~:..~. Notary ~IC in and tor the ~~~..·~~·W~~~;~~~·~~: Residing at Marysville. CITY OF MARYSVILLE ,Marysville,Washington ORDINANCE NO. 1364 AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING SBCTIONS 14.04.090,14.04.170 and 14.16.130 OF THE MARYSVILLE MUNICIPAL CODE RELATING TO RECOVERY CONTRACTS FOR WATER,SEWER AND STORM DRAINAGE UTILITIES THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON ,DO ORDAIN AS FOLLOWS: Section 1.That portion of Section 14.04.090 titled -Recovery Contract"is hereby amended to provide as follows: RecoverY·Contracts.At the option of the City Council, .any party havIng constructed a public water line at its own cost may ,be allowed to enter into a Recovery~ontract with the City providing ,.for.partial reimbursemen t to such party,or its assignee,for the costs of such construction,including the costs of engineering.and design work,and all costs of labor and materials reasonably incurred.Such contracts shall be governed by the following provisions I • (a)Within 60 days after a utility line is accepted by the City and a Bill of Salel Warranty is filed with respect to the same, the proponent of the Recovery Contract shall submit a request for the same,using a form supplied by the City,together , with s~pporting documentation showing all ,costs.·incurred in the project. (b)An assessment area shall be formulated based upon a determination by the tity as to which parcels of real estate adjacent to the utility line will be directly . benefitted by the same. (c) The reimbursement share of all property. owners in the assessment area shall be a pro~rata share of the total cost of the project,less any contributions paid by the City.Bach reimbursement share shall be determined by using a methOd of cost 'apportionment which is based upon the benefit received by each property from the project. This will generally be pro-rated on a front footage basis.There shall be no reimburse- 'ment to the proponent for the share of the ben~fits which are alloQAted to its property. (d)A prelimina~determination of the area boundariel And Gssessmen~s,along with G descr1ption of the property ownen"rights and obligations,Ihall 'be forwarded by certified mail to the property owners of ~o~ord w!~pin,the proposed assessment area. ~f .~wt~~~rty owner requests a hearing 1n ~it!l~nq>*!ht:nin 20.days of mailing of the pre~~~n~r,y dete~ination,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. (e)The contract,upon approval by the City Council,Ihall be recorded in ~he records of the Snohomish County AUditor within 30 days of such approval.The recorded·contract shall constitute a lien against all real property within the assessment area which did not contribute to the original cost of the utility project. (fl,If,within a period of 15 years from the date the contrac~was recorded,any property within the assessment area applies for connec- tion to the utility line,the lien ~or payment of said property,'.proportionate share shall became immediately due and payable to the . Ci~y as a condition of receiving connection .. approval.:" ''.' (g)All assessments collected by the City pursuant to a Recovery Contract shall be paid to the original proponent,its personal representative, successors or assigns;within 30 days after ' receipt by the City,les8 an administrative •charge of $50.00 for each collection• (I'll At the termination of !:he lS-yellr recovery period,the lien shall continue,but all collections thereafter shall'be tor the benefit of t1le City andllhall be deposite<'l in the C1ty's Utility Fund. Ii)Nothin'3 in this section,nor any provision in a Recovery Contract,shall be construed as establishing the CityaR a public utility in areas not already cO:'Mcted to the City's utility system;nor shall th1S section,or any Recovery Contract,be construed as establishing express or'implied righ·ts tor any property rnorner to connect to the City's utility system without first qualifyin"tor such connection by compliance with all applicable City codes and ordinam:es. Section 2.Section 14.04.170 of the Marysville Municipal Code is'hereby amended to provide as follows: 14.04.170 Recovery Contracts.At,the OptiOn of the City Council,any party hllvlng constructed a pub Li c se ....ar line at its own cost lM.y bo allo....ed to ''''nteI:into a Recovery contr ace witil the City providin9 fOI:paI:tial reimb\.\rsement,to such ..arty,.01'ite allllignee,for the costs of such con5tnlction,inclu.:!ing the coste of engineering lind design work,and 1111 costs of labor and materiala reasonably incurred.Such contracts "hall be governed by the following provisions:' (a)Within EO days 8fter a utility line is accepted by'the City and a Bill of Sale! Warranty ia filed with respect to the aeme , the proponent of the Recovery COntrll."t shall submit II.request for the same,using a form supplied by the City,together with supporting documentation showing all costs incurred in the project. (b)An·assessment area shall be formulated based upon a determination by the City as to which parcclll of rcal est,ate adjac,imt·to the utility line will be directly beoefitted by the sarne. (c) The reimbursement share Of all property owners in the assessment Ilrca shall be ill pro- rata share of the total cost of the project, less any contributions paid by the City.Esch reimb\.\rsement share shsll be determined by using e method of cost.iIlpportionrnent which is based upon the benefit received by each property from the project.This will generally be pro-rated on II front footage basis.There shall be no reilllbursell".ent to the proponent for the share of the ben<i,fits "'hioh lire allocated to its property. (d)A preliminary detenllination of the area boundaries and assessments,along with a des- cription of the proper-ty owners'dghts and obligations,shall be fOnlard"d by certified mail to the property Owne.s of record within the proposed assess,,",ent allea.If any property owner requests a h"aring in writing ..ithin 20 days of mailing of the preliminary determination,a hearing shall be held before the City Council,notice of which shall be given to all affected property esneee ,The City Council's ruling shall be determinative and final. (e)'1'he contract,upon approval by the city Council,shall be recorded in the records of the Snohomish County Auditor within 30 days of eucn approval.The recorded contract shall constitute II lien against 1111 resl property within the ass<:ssment area which did not contribute to !:he original cost of the utility project. (f)If,....ithin a period 'of 15 years from the date the contract was recorded,anypropcrty .,ithin the assessment area applies for connec- tion to the utility line,the lien for payment of lIaid property's proportion"tc share shall become immediately due and payable to the City as a condition of receiving connectJ.on IIpproval.. (g)All,assessments collected by the C~ty pursuant to a Recovery Contract shall bO'pa1d to the original prop~",ent,its personal representative, successors or assigns,"'ithin 30 days after ~~~~~~to~ys~~~0 ~i i~~~{~~~~l~~~~~~~~~ati Ve (h) At the termination of the IS-ye,..recovery period,the lien shall continue,but all collections thereafter shall be for the b"nefit of the City and shall be deposited in the City'll Dtility Fund. (i)Nothing in this section,nOr any provision in II Recovery .contract,shall be constr~e~'l!' establishing the City as a public ut:l1ty in areas not already cmlnected'to the C1ty'S \.\tility lIystem;nor shall thJ.&section,or any Recovery Contract,be construed as establJ.shJ.ng express Or implied rights for any property o"",,?r to connect to the City'a utility sy"tem "'J.thout first qualifying for such connection by compliance with all applicable City codes and ordinances. Section J.Section 14.16.130 of the Marysville Municiplll Code is hereby ElIllend"d to provide as follows: 14.16.1)0 R"covery C9ntractll.At th"option of the City Council,any party h..vIng constructed public storm drainage line8, facilities or appurtenances,at its own cost,may be allowed to enter into a Recovery Contract with the City providing for partial reimbursement to such party,or its assignee,for the costs of such cOnstruction,including the costs of engineering and·design work, and all costs of labor and materials ro"sonably incurred.Such contractu shllil be governed by th"following provisions: (a)Within 60 days after a storm drainage line or fllcility is accepted by the City and a Bill of Sale!Wananty i"filed with respect to !:he same,the propon"nt of the Recovery Contrsct shall submit a request for the same,·usin'1 a form supplied by the City,together ....ith supporting documentation IIhowing all costs inc~rred in the project. (bl An assessment srea shall be formulated based upon a determination by the City ae to ....hichparcel..ofrenlestntewillbc directly benefitted by the line or facility. (c)The reimbursement share of all property owners in the aRsessment ..re"shall b"a pro-rata share of the total.cost of the project,reee any contrihutionu paid by the City.Ench reimbursement share shall be determined by using a method of cost apportionment Which is based upon the beneHt received by each pr0Pl!tty frOl'll the project.This will generally b"pro-rated on a front footage basis for "torm draina"e lines.Ther"shall bc no reimbur,",mcnt to the proponent for the share "Of the benefits which are allocated to its property. Id)A preli:llinary detennination of the area boundar-iell and llElII"Ssments,along with a des- cription of th"property 'Owner,,'right"and obligationll,shllil be forwareled by certiti"d mail to the property o....nera of record within the proposed assessment area.If sny property owner,reQul:lstll a hearing in·wI:itinq within 20 days of mailing o!the pr"liminary d"t"r- mination,a hearin"shall be held before the City Council,notice of which Shall be given to all aff""ted property O\oll\!!l:"lI.'1'h.l;'City couect i.t e r\.\linq Shall be det"rmlnatJ.ve and final. (e)The contract,upon apprgyal by t1le City Council,shall'be r"ecorded in the records ot the SnohomiSh county Auditor ",ithin 30 day"of such approvaL The recorded contract shal!constitute a lien against all real property within the as..."sment area which did not contribut..to the ori"inal coat of the \.\t~lity project. If,within a period of 15 years from the date the contract ....as rIH!ord"d,Ilny property ...ithin the 1I"".,,,,,,m,,nt aroa applies for conne<;;tion to the sto......drclina",e tine,or J.a develop..d or improved in eucb II maoner liS log Ulle or 1mpact the drainag"facility,tlll! lien for-pilymellt of add pI:operty'lI propor- thmllte shllro;j Anall became imml!diately due emd payable to the City ..s ..condition of receiving connl!ction or development spproval. (q)All lI"sessments collected by ~he City pursuant to a ~ecovery Contract shall be paid to the original proponent,itll personal representative, eueceaeeee Or "slligns,.,ithin 30 dllya after receipt by the City,reee an a&ninistrative charge of $50.00 for ellch collection. -,, '", •.) .(h)A~th~termination of the 1S-year recovery period,the lien shall continue,but all 'collections thereafter shall,be for the benefit of the City and shall be deposited in the .City'e Utility Fund... (i)Nothing in this section,nor any provision in a Recovery Contrac~,ahall be construed as establishing the Ci~y as a public utility in areas not already connected to the City's utility 8YSt~,nor shall this section,or any Recovery contract,be construed as establishing express or impl~ed rights for any property.owner to connec~to ~he City's utility system without first qualifying.for such connection by compliance with all applicable City codes and ordinances. PASSED by the City cooncn and APPRov/o by the Mayor this 29th day of May,1984. THE CITY OF MARYSVILLE By s/Norm Anderson, Mayor Attest:Bv s/Phillip E.Dexter,Cit,y Clerk . Approved as to Form:Bv slJames M.Allendoerfer,City Attorney Published:June 6 1 1984 It