HomeMy WebLinkAboutord1984-1141
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INTRODUCED BY: Consent
PROPOSED BY: Public Works Dept.
DATE INTRODUCED: November 15, 19i
ORDINANCE NO. 84-1-1-4
AN ORDINANCE IN THE MATTER OF PROVIDING THAT THE
COUNTY MAY CONTRACT WITH OWNERS OF REAL ESTATE FOR
THE CONSTRUCTION OF IMPROVEMENTS OF STREET OR ROAD
PROJECTS WHICH THE OWNERS ELECT TO INSTALL AS A
RESULT OF ORDINANCES THAT REQUIRE PROJECTS AS A
PREREQUISITE TO FURTHER PROPERTY DEVELOPMENT AND
PARTIAL REIMBURSEMENT Tq THE OWNER OR OWNER'S
ASSIGNS FOR A PERIOD NOT TO EXCEED 15 YEARS OF A
PORTION OF THE COST OF THE PROJECT BY OTHER
PROPERTY OWNERS
WHEREAS, RCW Chapter 35.72 authorizes the County to enter into contract
with owners of .real estate for the construction of improvements of street or
road projects which the owner elects to install as a result of ordinances that
require projects as a prerequisite to future property development; and
WHEREAS, RCW 35.72.020 provides for partial reimbursement.to the owner
or owner's assigns for a period not to exceed 15 years of.a portion of the cost
by other property owners based on the benefits to the property owner for such
project.
NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL DOES HEREBY ORDAIN that the
County may, in accordance with RCW Chapter 35.72, allow for the partial reimbur-
sement by other property owners 'of real estate for construction improvements of
streets or road projects that have been installed as a result of County ordi-
nance that requires the project as a prerequisite to further property develop-
I ment.
Section .1.
The reimbursement shall be pro -rated share of the construction and
administrative cost of the street or road project. The County shall determine
the reimbursement share by using a method of cost appropriation which shall be
based on the benefit to the property owner for such project.
Section 2. Assessment Reimbursement Contract.
The procedures for assessment reimbursement contract shall be governed
by the following:
IORDINANCE - 1, drafted 9/24/84
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(1) An assessment reimbursement area shall be formulated by the
(County based on a determination by the County of which parcels adjacent to the
improvements would require similar street improvements upon development.
(2) The.preliminary- determination of area boundaries and
assessment, along with a description of the property owner's rights and options,
shall be forwarded by registered mail to the property owners of record within
the proposed assessment area and if any property owners request a hearing in
writing within 20 days of mailing of the preliminary determination, a hearing
shall be held by the County Council and notice of which shall be given to all
affected property owners. The County Council ruling is determinative and final.
(3) The contract shall be recorded in the appropriate County
Auditor's office within 30 days of the final execution of the agreement.
(4) If the contract is so filed, it shall be binding on owners of
record within the assessment area who are not party to the contract.
(5) The contract for partial reimbursement to the owner or owners
shall not exceed a period of 15 years and shall not include those owners who
contributed to the original cost of the street or road project and subsequent
developers that developed their property within the 15 -year period and at the
time of development were not required to install similar street or road projects
because they were already provided for by contract.
(6) Street or road projects subject to reimbursement may include
design, grading, paving, installation of paving, installation of curbs, gutters,
storm drainage, sidewalks, street lighting, traffic control, or other similar
improvements as required by County standards, and administrative contract costs
of the street or road project. The County's administrative cost shall be deter-
mined by the Director of Public Works but in no case shall exceed 10 %.
APPROVED this 20th day of December 1984
W BOUNTY C}UNCIL
ATCOM COUMTN YWA$:P660N
ORDINANCE - 2.
Date drafted: 9/24/84
+a.. vv
Chairp rson
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ATTEST:
Clerk of the Coung4l
( ✓) APPROVED ( ) VETOED
ju.� L ���
SHIRLEY VAN ANTEN
County Executive
Date: December 21. 1984
APPROVED AS TO FORM:
civil D p ty r secuting
Attorney
Published on 12/5/84 and 12/26/84
This ordinance becomes effective on December 31, 1984
ORDINANCE - 3.
Date drafted: 9/24/84