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ORDINANCE NO.2748
AN ORDINANCE CREATING CHAPTER 3.65 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "PRIVATE STREET AND UTILITY LATECOMER CONTRACTS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 3.65 of the Moses Lake Municipal Code entitled "Private Street and Utility Latecomer
Contracts"is created as follows:
3.65.010 Purpose:The purpose of this Chapter is to provide a mechanism to reimburse a Developer for
costs associated with the construction of municipal improvements.This Chapter is intended to
implement and make available to the publicthe provisions of Chapters 35.72 and 35.91 RCW as
presently adopted or as may be subsequently amended.
3.65.020 Definitions:The following terms,when used inthis Chapter,shall have the following meaning:
A. "Developer" shall mean the owner or applicant who is required by any Citycode to construct
municipal improvements as a prerequisite of property development.
B."Benefitted Properties"shall mean real properties where the owner did not contribute to the
original cost ofthe municipal improvements, but received a direct benefitfromthe municipal
improvements,and are included in the latecomer contract.
C."LatecomerContract" shall mean a contractauthorized byChapters35.72and 35.91 RCWand
this Chapter,between the City and the Developer.
D."Latecomer Fee"shall mean a cost due from an owner of a benefitted property,collected by
the City,and payable to a Developer, in accordance witha latecomer contract.
E."Municipal Improvements"shall mean street improvements,utility improvements,or a
combination of street and utility improvements,that are accepted by the City.
F."Prerequisite ofProperty Development"shall mean municipalimprovements that are required
to be installed in accordance with the Moses Lake Municipal Code.
G."Reimbursement Area"shall mean the area that includes benefitted properties assigned to a
latecomer contract.
H. "Street Improvements"shall mean municipal streettransportation facilities including:clearing,
grubbing, excavation,embankment,grading, compaction,monument and utility adjustments,
top course,base course,asphalt,curb, gutter, sidewalks, curb ramps,centerline street
monuments,barricades,planter areas,irrigation sleeves,curb paint, public utilities,signage,
associated landscaping,striping,signals,concrete pavers,irrigation,tree planters,trees,tree
grates,or any combination of these improvements.
I."Utility Improvements"shall mean municipal water mains,wastewater mains,stormwater
mains, pumping stations,disposal plants,treatment facilities,reservoirs, wells, controls,
monitors,associated appurtenances,or any combination of these facilities.
3.65.030 Rights and Non-LiabilitvofCitv: This Chaptershall not create a private rightofaction fordamages
against the City.The Cityshall not be held liableforfailure to collect a latecomer fee unless the
failure was willful or intentional.
3.65.040 Latecomer ContractTerm:The latecomer contractfor utility improvements will expire twenty (20)
years after the City Council accepts the improvements,and the latecomer contract for street
1^_J improvements will expire fifteen (15)years after the City Council accepts the improvements.Both
terms may be extended as provided for by statute.
ORDINANCE NO.2748
PAGE 2 January 27, 2015
3.65.050 Limits of Reimbursement Areas:Reimbursementareas for street improvements are limited to the
benefitted properties within the corporate limits ofthe City ofMoses Lake.Reimbursement areas {**}
for utility improvements are limited to benefitted properties within the corporate limits,and to
benefitted properties outside the corporate limits, but within ten (10)miles from the corporate
limits.
3.65.060 Contract -When Mandatory:
A.The City Council reserves the right to refuse to enter into any latecomer contract for street
improvements,and to reject any application fora latecomer contract for street improvements.
B.The City shall enter into a latecomer contract for utility improvements at the Developer's
request if the Developer meets all conditions in accordance with this Chapter and RCW
35.91.020(1)(a).
3.65.070 Citv Manager's Authority:The City Manager may establish administrative rules,regulations,
policies,procedures,and forms necessary to implementthe provisions of this Chapter.The City
Manager is authorized to execute latecomer contracts upon the City Council's approval.
3.65.080 Application Submittal:The following steps are required to initiate the process of approving a
latecomer contract.
A.The Developer shall submita completed application for a latecomer contract priorto the date
when theCityCouncil acceptsthe improvements.Allapplications forlatecomer contracts shall
be on City forms that are available at the Municipal Services Department.
B. A non-refundable application fee is due at the time of application in an amountestablished by
resolution.This application fee is for the City's costs associated with the preparation of the
latecomer contract including engineering,legal,and administration.^^
3.65.090 Establishing Contract:After the City has accepted an application for a latecomer contract and
determined that the application is complete,the following steps are required to establish a
latecomer contract:
A.The Developershall provide the following information to the City Engineer within one hundred
twenty (120)days afterthe eligible municipal improvements are accepted by the City, (failure
to do so within that time frame may result in a determination by the City Council that a
latecomer contract is not available for the improvements accepted):
1.Alldocumentation to verify thetotal cost of the municipal improvements.The total cost may
includeengineering,construction,bonding,land acquisition,administration,and permitand
development fees paid to the City and the State regulatory agencies.Allcosts associated
with private improvements shall be excluded from the latecomer contract.
2. In addition to the costs borne by the Developer,the City Council may provide for the
reimbursement of all or part of the costs advanced by the City funds for such municipal
improvements including any costs listed in Section 1 above,and including any costs of
advertising,mailing, and publishing of notices;the cost of legal services and other
expenses incurred by the City in connection with such construction or improvements and
the financing thereof,including the issuance of bonds;the City's costs ofadministering the
latecomer contract;and any outside professional services as applicable.
3. A map and legal description identifying the proposed boundaryofthe reimbursement area,
andthe GrantCounty parcel numberfor each benefitted propertywithin the reimbursement
area.The map shall include the front footage, area, or both, for each benefitted propertyandfortheDeveloper's property.f**}
4. A preliminary latecomer fee schedule showing thetotal project cost,the total front footage
or area of the benefitted properties and the Developer's property, and the proposed
reimbursement fee for each benefitted property.The reimbursement fee shall be
ORDINANCE NO.2748
PAGE 3 January 27,2015
calculated using the frontfoot assessmentbasis, area assessment basis, ora combination
M of these methods atthe discretion ofthe CityEngineer.The assessment roll shallbe sent
electronically to the City Engineer in Word or Word Perfect format.
5. A complete list of owners of benefitted property as shown on the tax rolls of the Grant
County Treasurer.The listshall include the name and mailingaddress for each benefitted
property.The Developer shall be solely responsible for the correctness of the list, and
shall defend and indemnifythe Cityagainst any suitorclaimthata person entitledto notice
did not receive notice due to an error in the list.The list shall be sent electronically to the
City Engineer in Word or Word Perfect format.
6.As the items are submitted to and reviewed by the City Engineer, the Developer shall
timely provide additional information at the discretion of the City Engineer for revisions or
insufficiencies.
B.The City will complete the following actions after the City Engineer determines that all
documents required by the Developer for a latecomer contract are complete.
1.Send a notice to the owners of benefitted property by certified mail at least twenty (20)
calendar days before the City Council meeting where the City Council will consider the
latecomercontract.The notice willincludethe reimbursement map,the benefitted property
assessment,the date of the City Council meeting,and notification that the property owner
can request a hearing before the CityCouncil meeting.Within twenty (20)calendar days
of the mailing,ifany owner of benefitted propertyprovides a written request to the Cityfor
a hearing, a hearing shall be held before the City Council;and a notice of hearing shallbe
given to all the owners of the benefitted properties.
2.The City Council will determine whether to accept or modify the preliminary latecomer
[^_J contract.The City Council may only increase the reimbursement area upon new notice to
the owners of the affected property.
3. Prepare the final latecomer contract and send the contract to the Developer by first class
mailfortheirsignature. The Developer shall returnthe signed latecomer contract no later
than twenty (20)calendar days after date of mailing.The City Manager will then execute
the latecomer contract. Failureto return the signed latecomer contract within the twenty
(20)calendar days shall result inthe latecomer contract becoming nulland void.The City
Council may give consideration to extending this period upon a showing of hardship or
excusable neglect on the part of the Developer.
4. Filethe executed latecomer contract at the Grant County Auditor's office withinthirty(30)
days after the final execution of the contract.Once the latecomer contract is recorded, it
shall be binding on the owners of the benefitted properties of record.
3.65.090 Implementing Contract: Before the Citywill collect any latecomer's fee, the Developerwill transfer
titleto all the improvements under the latecomer contract to the Cityat no cost to the City. The
Developer will also assign the Citythe benefit and rightto the latecomer's fee should the Citybe
unable to locate the Developer to tender any latecomer's fee that the City has received.
A. The City will collect latecomer fees due from the owners of benefitted properties before
approving a plat,before issuing a buildingorotherdevelopment permiton propertynot platted,
and before issuing a building or other development permit on platted lots that are deemed
insufficient.In addition,the Citywill collect latecomer fees due forutility improvements before
benefitted properties are approved to connect to the utility improvement.
^J B.Latecomer fees that are collected by the City will be forwarded to the Developer at the
Developer's address on file at the City Manager's office.Latecomer fees will be sent to the
Developer within sixty (60)days of collection,except as noted in Section 3.65.100.
ORDINANCE NO.2748
PAGE 4 January 27,2015
3.65.100 Notification -Developer:The Developer shall provide a written notification to the City every two
(2)years from the date the contract is executed,providing the Developer's name,current physical
and mailing address,and telephone number.At any time during the term of the latecomer
contract,iftwo (2)years and sixty (60)days lapse without written notification from the Developer,
then the latecomer fees collected by the City under the latecomer contract will be deposited in the
City's capital fund.
3.65.110 Relief-Similar Facilities:The City may relieve the owner of a benefitted property from paying one
or more latecomer fees,if multiple similar facilities could be utilized by the benefitted property.
Relief shall be based upon sound engineering and policy justifications as to which facility best
serves the property.Absent such justifications,the City shall allow the owner of a benefitted
property to choose which facility to utilize.The latecomer fee due,ifany,shall be that associated
with the municipal improvement.
3.65.120 Severability:Ifany section,subsection,sentence,clause,phrase,or word of this chapter is 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 the ordinance codified in this Chapter.
Section 2. This ordinance shall take effect and be in force five (5)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 27,2015.
W.Robert Taylor,Fi
APPROVED AS TO FORM:
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Kathefine L.Kenison,Cit
JC^)sU<C<C
Dick Deane,Mayor
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