HomeMy WebLinkAboutO-2780 - Amends Sec. 14.07.005, 14.07.090, 14.16.130 and 18.24.045, recovery contracts (14.07, 14.16)ORDINANCE NO. 2-riO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MARYSVILLE, WASHINGTON AMENDING MMC 14.07.090,
14.16.130, 18.24.045, AND 14.07.005 RELATING TO RECOVERY
CONTRACTS.
WHEREAS, the Marysville Municipal Code (MMC) provides for developers to be
allowed to enter into recovery contracts with the city to obtain partial reimbursement
from other benefited property owners for the reasonable costs of constructing water,
sewer, storm drainage, and/or road improvements; and
WHEREAS, the above referenced MMC provisions contain various administrative and
fee provisions, which need to be updated as proposed in the amendments set forth below;
Now, therefore, it is hereby ordained by the City Council of the City of Marysville,
Washington as follows:
Section 1. Marysville Municipal Code 14.07.090 is hereby amended to read as follows:
14.07.090 Recovery contracts. (Water/Sewer)
At the option of the city council, any party having constructed a public water or sewer
line at its own cost, extending over 200 feet from the nearest mainline, may be allowed to
enter into a recovery contract with the city providing for partial reimbursement to such
party, or its assigns, for the costs of such construction, including the costs of engineering
and design work, and all costs of labor and materials reasonably incurred for the length of
the improvements. Such contracts shall be governed by the following provisions:
(1) Within 30 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.
(2) An assessment area shall be formulated based upon a determination by the city as
to which parcels of real estate will be directly benefited by the same.
(3) The reimbursement share of all property owners in the assessment area shall be the
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 prorated 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.
(4) A preliminary determination of area boundaries and assessments, along with a
description of the property owner's rights and options, 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 the mailing of the
preliminary determination, a hearing shall be held before the city council, notice of which
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shall be given to all affected property owners. The city council's ruling shall be
detenninative and final.
(5) 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.
(6) 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 utility line, the lien for payment
of the property's proportionate share shall become immediately due and payable to the
city as a condition of receiving connection approval.
(7) All assessments collected by the city pursuant to a recovery contract, less the city's
administrative charge, shall be paid to the original proponent, its personal representative,
successors or assigns, within 30 days after receipt by the city. The city's administrative
charge for each collection is set forth in MMC 14.07.005.
(8) At the tennination of the 15-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.
(9) 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. (Ord. 2106 § 18, 1996; Ord. 1599, 1988; Ord. 1434,
1985).
Section 2. Marysville Municipal Code 14.16.130 is hereby amended to read as follows:
14.16.130 Recovery contracts. (Storm)
At the option of the city council, any party having constructed public stonn 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:
(1) Within 30 days after a stonn drainage line or facili ty 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 fonn supplied by the city, together
with supporting documentation showing all costs incurred in the project.
(2) An assessment area shall be fonnulated based upon a detennination by the city as
to which parcels of real estate will be directly benefited by the line or facility. In the case
of regional stonn drainage facilities, a similar analysis shall be made with respect to all
parcels within the drainage basin as defined by the city.
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(3) 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 prorated 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.
(4) A preliminary determination of the area boundaries and assessments, along with a
description 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
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.
(5) 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.
(6) 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 the property's proportionate share shall become immediately due and
payable to the city as a condition of receiving connection or development approval.
(7) All assessments collected by the city pursuant to a recovery contract, less the city's
administrative charge, shall be paid to the original proponent, its personal representative,
successors or assigns, within 30 days after receipt by the city. The city's administrative
charge for each collection is set forth in MMC 14.07.005.
(8) 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.
(9) 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. (Ord. 2245 § 3, 1999).
Section 3. Marysville Municipal Code 18.24.045 is hereby amended to read as follows:
18.24.045 Recovery contracts. (Road)
At the option of the city council, a proponent may be allowed to enter into a recovery
contract with the city providing for partial reimbursement to the proponent, or its
assignee, of costs of regional capital improvements required by this chapter, including
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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. Such contracts shall be governed by the following provisions:
(1) Within 30 days after the improvements are 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.
(2) 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.
(3) 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 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.
(4) A preliminary determination of area boundaries and assessments, along with a
description of the property owner's rights and options, 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 the 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.
(5) 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 project improvements.
(6) If, within a period of 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 proportionate share,
shall become immediately due and payable to the city as a condition of receiving
development approval.
(7) All assessments collected by the city pursuant to a recovery contract, less the city's
administrative charge, shall be paid to the original proponent, its personal representative,
successors or assigns, within 30 days after receipt by the city. The city's administrative
charge for each collection is set forth in MMC 14.07.005.
Section 4. Marysville Municipal Code 14.07.005 is hereby amended to read as follows:
14.07.005 General fee structure.
The public works department is authorized to charge and collect the following
fees:
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Type of Activity Fee
Land development review
and construction inspection
fees
See Chapter 15.12 MMC
Storm sewer inspection fee $60.00/hour and/or consultant fee
Street closure notice $60.00
Install/repair street sign Materials and expenses
Street code variance See Chapter 15.12 MMC
Application for vacation of
streets, roads and alleys
$500.00, plus appraisals, cost of preparing legal
descriptions
Vegetation abatement Cost to abate plus a 10 percent surcharge (see
MMC 12.36.020 and 12.36.030)
Storm connection fee $100.00
Construction water $3.50/1,000 gallons used
Hydrant water $50.00 setup + $3.50/1,000 gallons used
Sanitary sewer extension
inspection charge
$500.00 minimum for 500 feet or less + $1.00 per
foot over 500 feet
Sanitary sewer installation
fee (mainline to right-of-way)
City-installed: cost per foot at time and materials
Sanitary sewer inspection
fee (right-of-way to
residence)
$100.00 per connection
Segregations (LID fees) $100.00, plus actual engineering costs incurred by
the city
Disconnection charges:
Voluntary disconnection of
service
Involuntary disconnection of
service
$5.00
$10.00; $20.00 if the utility department is required
to make a special trip for a single account in an
involuntary disconnection situation
Reconnection charges:
Voluntary reconnection
Involuntary reconnection
$5.00
$10.00; $20.00 if the utility department is required
to make a special trip for a single account in an
involuntary reconnection situation
Shut-off/turn-on fee after
hours (water)
$75.00
Unauthorized connection:
water or sewer
$200.00
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Variances: water/sewer See Chapter 15.12 MMC ($250.00)
Water system extension
inspection fee
$0.30/foot
Time and materials
$200.00
$50.00
See Chapter 15.12 MMC
$20.00
$10.00 -$50.00
$15.00
$500.00 minimum or one percent of project +
$100.00 collection fee
$100.00
Five percent of account for first notice; additional
five percent of account for second notice
Miscellaneous utility
relocation (hydrants, meters,
blow-offs)
Water use violation:
Commercial
Residential
Water and/or sanitary sewer
plan review
Water/sewer connection
filing fee
Water/sewer system design
standard specifications
manual
Account change water meter
read
Recovery contract
Emergency locate (after
hours)
Late payment fees
Bank returned item fee $40.00
See MMC 1.16.070
See MMC 1.16.070
See MMC 1.16.070
See MMC 1.16.070
See MMC 1.16.070
Photocopies
Blueprint copies
Staff time
Tape duplication
Mailing costs
(Ord. 2756 § 1,2008; Ord. 2554 § 1, 2004; Ord. 2346 § 1,2000; Ord. 2267 § 1,
1999; Ord. 2106 § 2,1996).
Section 5. Severability.
If any word, phrase, sentence, provision, or portion of this ordinance is declared
to be invalid or unenforceable, it shall not affect validity or enforceability of the
remaining words, phrases, sentences, provisions or portions of this ordinance.
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Section 6. The provisions of this Ordinance shall become effective five days after the
date of publication by summary.
PASSED by the City Council and APPROVED by the Mayor thi~lcr1 day of -5',..J", ,2009. o
CITY OF MARYSVILLE
By~LA!JJ;
MAYOR
ATTEST:
By 4J!o~7L/
~~,L \)'5R\e.v, ~....~~+j CLERK
Approved as to form:
BY~('-~
.~ CITY ATTORNEY
Date ofPublication: 7/~ /01rJ
Effective Date (5 days after publication): -.3IJ.g ,/0 5
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