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ORDINANCE NO.2602
AN ORDINANCE CREATING CHAPTER 17.56 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "REIMBURSEMENT AGREEMENTS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Moses Lake Municipal Code Chapter 17.56 entitled "Reimbursement Agreements"is created as
follows:
17.56.010 Application Authorized -Purpose - Term: Any developer utilizing private funds to install
infrastructure(street, water, or sewer [sanitary and/or storm])improvements and appurtenances
may apply to the cityto establish a latecomer agreement for recovery of a prorated share of the
cost of constructing said publicimprovement from other properties that will laterderive a benefit
from said improvements.This chapter is intended to apply to allstreetsystem improvements and
all utility system improvements where the construction of such improvements are the result of a
City ordinance or ordinances that require such improvements as a prerequisite to property
development.No reimbursement agreement/latecomers'agreement shall extend for a period
longer than fifteen (15)years from the date of final acceptance by the City unless a longer period
is allowed pursuant to RCW 35.72.020 or 35.91.020.The City Council shall have discretion to
authorize ornotto authorize latecomer agreements on a case-by-case basis and to determine the
length of the term of any latecomer agreement.
17.56.020 Rights and Non-Liability of City:The Cityhas discretion and reserves the rightto refuse to enter
intoany latecomer agreement orto reject any applicationtherefor. Allapplications forlatecomers'
agreements shallbe made on the basis that the applicant releases and waives any claims for any
liability of the Cityinestablishment and enforcement of latecomer agreements.The Cityshall not
be responsible forlocatingany beneficiaryorsurvivorentitled to benefits by orthrough latecomer
agreements.
17.56.030 ApplicationRequirements:Allapplications forlatecomer agreements shallbe on forms approved
and established by the City and reviewed and approved by the City Attorney. Applicants for
latecomer agreements shallcomply withthe following procedures as a prerequisitetoa latecomer
agreementwith the City:
A. The owner desiring to contract with the City shall notifythe City Engineer, in writing,at least
thirty(30) days prior to construction of the facilities,of the owner's request to enter into a
latecomer agreement with the City.
B.The notice shall contain the following information:
1.The description ofthe facilities to be installed.
2.The description of the area where the facilities are to be installed and a map showing the
location thereof.
3.The cost estimate ofthe facilities.
C.The owner shall submitthe final construction costs to the City Engineer withinthirty(30)days
from the date of final approval of the construction by the City.The matter shall then be
submitted to the CityCouncilwhich shall determine whether or not to enter intoa latecomer
agreement withthe owner. Ifthe projectis approved fora latecomer agreement by the City
Council,the cityshall have ninety 90) days thereafter to finalizethe agreement.Inthe event
the owner fails to comply with the time limitations set forth inthis chapter, then and inthat
event, the owner shall havewaived the owner's rightto enter intoa latecomer agreementwith
the City.
D.In addition tothe amounts agreedtobe collectedbythe City,the Cityshallchargeasum equal
to fifteen percent (15%)of the agreed amount to defray the cost of labor,bookkeeping and
accounting.
ORDINANCE NO.2602
Page2 January 11,2011
E.The ownership of all water and sewer main lines installed on private property shall be ^"^
conveyed to the City and the owner shall grant the City an easement therefor.All deeds and
easements for said main line shall be submitted to the City within sixty (60)days of the
completion of construction.The ownership of all other improvements under the latecomer's
agreement shall be conveyed to the City by appropriate deed and/or conveyance document
within sixty (60)days of completion ofconstruction.
17.56.040 Eligibility of Applicants:Inorder to be eligible for processing of latecomeragreements,applicants
for latecomer agreements shall be in compliance with allCity ordinances,rules, and regulations.
17.56.050 Procedures for Reimbursement Agreements:
A.Ifa reimbursementagreementis requested,the property owner shall submit project plans and
a site plan,map or diagram of the proposed benefitted area prepared by a licensed
professional engineer,ownership reports on properties within the proposed benefitted areas,
a cost estimate for the project based upon the plans of a licensed civil engineer from which
reimbursable costs shall be estimated,and such other information as the City may require.
B.Property owners requesting a reimbursement agreement shall submit,along with the
application, a non-refundable payment in the amount of one thousand five hundred dollars
($1,500)to be applied to the City's legal,engineering and administrative costs (including but
not limited to stafftime,and costs for title reports,appraisers,or other costs)associated with
preparingthe reimbursement agreement,which costs shall be included as reimbursable costs
in the reimbursement agreement;provided, that whenever city engineering,legal, and
administrative costs exceed the payment required herein,the City shall not process the
application until such costs have been paid in full.
C.The City Engineer will formulate an assessment reimbursement area (benefit area)based ^"^
upon a determination of which parcels did not contribute to the original cost of such
infrastructure improvement and which connectto or specially benefit from such infrastructure.
D.The City Engineer,based on information submitted by the owner,willestimate pro rata share
ofcosts.The City Engineer may require engineering costs or construction bidsto be provided.
E.The City Engineer,in the City Engineer's discretion,may utilize the application fee to pay the
costs of an appraiser to be retained by the City to assist the City Engineer in formulating an
assessment reimbursement area.
F.The preliminary determination ofarea boundaries and assessments,along with a description
of the property owner's rights and options,shall be forwarded by firstclass mailto the property
owners ofrecord as shown on the records of the Grant County Assessorwithin the proposed
assessment area.A hearing shall be held before the City Council,notice of which shall be
given to all affected property owners at least twenty (20)days in advance of the City Council
meeting.Atthe hearing,the City Council determines whether to accept,reject, or modify the
proposed reimbursement agreement.If the City Council accepts,it shall establish the
reimbursement area;provided,that the City Council may only increase the reimbursement
area upon new notice to the owners of the affected property.Improvements constructed
subsequent to preliminary approval and priorto the final City Council action on a proposed
agreement are done at the owner's or developer's own risk.The approval of a preliminary
latecomer's agreement does not create or vest any right to a final latecomer's agreement.
G. Priorto commencing construction of the project,the owner shall submit a construction bid on
forms provided by the Municipal Services Department based upon City-approved plans to the
City. Upon completion of the project, a reasonable pro rata share of project costs shall beestablishedbytheCity,which shall then notify owners of the benefitted properties of the f0m\j
amount of reimbursement connection charges against their property and the date the
reimbursement agreement shall be presented to the City Council for public hearing. On the
date scheduled,the City Council shall hear from affected parties and thereafter setthe terms
of the reimbursement agreement and maximum amount and terms of reimbursement from
affected properties.The decision of the City Council shall be final and determinative.
ORDINANCE NO.2602
Page 3 January11,2011
H.The latecomer agreements must be recorded inthe Grant County Auditor's officewithin thirty
'^(30)days of the final execution of the agreement.It shall be the sole responsibility of the
latecomer applicant to record said agreement.
I.Once recorded, the latecomer agreement shall be binding on owners of record within the
assessment area who are not party to the agreement.
J. The latecomer applicant shall be solely responsible for keeping the City informed of their
correct mailingaddress and contact informationbyproviding the Citywithwrittennotice thereof
at least every two (2)years following execution of the latecomer agreement.
17.56.060 Enforcement Responsibilitv and Future Services:Itshall be the responsibility of the owner of the
latecomer's agreement to monitor,enforce and notifythe Cityofany connections to improvements
which come within the terms of the latecomer's agreement.The City will use its best efforts to
collect latecomer's fees but will not accrue any liability forfailure to collect fees due.The City has
no obligation to provide notice of the latecomer's agreement to any party other than as provided
in this chapter.Neither preliminary nor final approval of a latecomer's agreement shall be
construed to vest or grant the right to the extension or allocation of water and/or sewer to
properties affected by the latecomer's agreement.
17.56.070 Relief - Similar Facilities: The City,through its designated agent, may relieve a parcel of a
latecomer's fee ifthe property has a benefit from either (but not both) of two (2) similar facilities.
Relief shall be based upon sound engineering and policy justifications as to which facility(ies)
benefit and/or are utilized bythe parcel.Absent such justifications, the Cityshall givethe applicant
the choice of facilities to utilize.The assessment due shall be that associated with the utilized
facility.
17.56.080 Severability:If any section, subsection,sentence,clause phrase, orword of this chapter 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 work of the ordinance codified in this chapter.
Section 2.Effective date.This ordinance shall be in full force and effect five days after its passage and
publication of its summary as provided by law.
Adopted by the City Council and signed by its Mayor on January 11,2011.
Jon Larteflvlayor
ATTEST:
Finance Director
APPROVED AS TO FORM:
James A.Whitaker,City Attorney