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HomeMy WebLinkAboutO-2996 - Amends Sec. 14.07.090, water and sewer recovery contracts (14.07)CITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. ~ CJ °I ' AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, AMENDING MMC 14.07.090 ESTABLISHING PROCEDURES FOR WATER AND SEWER LATECOMER REIMBURSEMENT CONTRACTS; PROVIDING FOR SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act, authorizes cities to contract with the owners of real property to construct water and sewer facilities, and to provide for reimbursement from the owners of real property who did not contribute to the original cost of construction and who subsequently tap into or use such sewer and water facilities, referred to as "latecomer reimbursement contracts," and WHEREAS, in 2013 the Washington State Legislature adopted significant procedural and substantive he amendments to chapter 35.91 RCW affecting latecomer reimbursement contracts that became effective July 1, 2014; and WHEREAS, adoption of city regulations to implement the 2013 amendments will provide clear guidance to both city officials and property owners; and WHEREAS, the City desires to update and revise MMC 14.07.090 to be consistent with the amendments to chapter 35.91RCW. NOW THEREFORE, the City Council of the City of Marysville, Washington do ordain as follows: Section 1. MMC 14.07.090 is hereby amended as set forth in Exhibit "A." Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. Section 3. Effective Date. This ordinance shall become effective five days after the date of its publication by summary. re.. PASSED by the City Council and APPROVED by the Mayor this / 3 day of ---__ ..)_' ~uA~y~--1 2015. CITY OF MARYSVILLE By: Attest: By: Approved as to form: By: Date of Publication: Effective Date: 14.07 .090 Reco.very co11tract~.· (1) When an owner of real estate is required by MMC 14.01 .050, 14.01 .055, 14.03 .250, 14.03.300, 14.03.310, 14.07.080, or any other ordinance, to improve or construct water or sewer facilities as a prerequisite to further property development, the provisions of chapter 35 .91 RCW shall apply. The owner must submit a written request on a form provided by the city for a contract to recover the cost of the improvement or construction of water or sewer facilities prior to the approval of the water or sewer facility by the city. If an owner does not timely submit a written request, the city is not obligated to enter into a contract with the owner for the recovery of latecomer fees. (a) Within one hundred twenty (120) days of completion of the water or sewer facility and its acceptance by th e city, the owner of real estate must submit the total cost of the water or sewer facility to the City in a form acceptable to the City. This information will be used by the City to determine reimbursements by future users who will benefit from the water or sewer facility, but who did not contribute to the original cost of the water or sewer facility. (2) The city will determine the parcels which will directly benefit from the improvements and include those parcels in the assessment area. (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 the city 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, but the City may utilize another method of cost apportionment provided that the method assesses properties on a pro rata basis. The owner seeking a recovery contract shall not be reimbursed for the share of 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 and first class mail to the property owners of record within the proposed assessment area. A property owner within the assessment area may request a hearing before the city council. Such request must be in writing and specify the relief sought. The request must be filed with the city clerk, the city attorney, and director of public works within 20 days of the mailing of the preliminary determination. After receiving a timely request for a hearing, notice shall be given to all property owners in the assessment area of the date, time, and location of the hearing. The city council's ruling shall be determinative and final. (5) The contract, upon approval by the city council, shall be recorded with 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 20 years from the date the contract was recorded (or such other period provided for in the contract), 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) 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. (9) In all cases, the city engineer shall determine the size and depth of water and sewer mains connected to the city utility system and the need to any pumps, lift stations, or other appurtenances. The determination shall be consistent with the city's comprehensive plan and the long-range objectives for the water and sewer utility. Where the city engineer determines that a property owner/developer of residential property is required to install a water main with a diameter in excess of eight inches or a sewer main with a diameter in excess of 10 inches, and if the purpose of such oversizing is to provide for future extension of the main to adjacent properties within the utility service area , and not merely to meet the needs of the property responsible for constructing the main, then the property owner will be entitled to reimbursement under MMC 14 07 080.