Chapter 13.40 LATECOMER FEES

Chapter 13.40
LATECOMER FEES

Sections:

13.40.020 Procedure for petitioning the town to contract or connect water or sewer facilities to town water and sewerage system.

13.40.030 Criteria for determining latecomer fees.

13.40.040 Maintenance guarantee bond.

13.40.050 Contract time period.

13.40.060 Area to be served.

13.40.070 Collection and disbursements of latecomer fees.

13.40.080 Administration fees.

13.40.090 Provisions for removing unauthorized connection taps.

13.40.100 Charging of town water and sewer rates.

13.40.010 Purpose.

(1) The purpose of this chapter is to define the rules and regulations that will enable the town to enter into contracts with owners of real estate for water or sewer facilities.

(2) For the purpose of this chapter, "water and sewer facilities" shall have the meaning specified in RCW 35.91.020 as it now reads or is hereafter amended. (Ord. 349 § 1, 1993)

13.40.020 Procedure for petitioning the town to contract or connect water or sewer facilities to town water and sewerage system.

(1) Upon receipt of the applicant’s statement of project costs, the public works director prepares for the town council a report setting forth:

(a) The total area and frontage of property currently paying or sharing the costs of the construction;

(b) The total area and frontage of property physically and feasibly capable of being served by the system;

(d) The fair pro rata share of the cost for each property which might tap into the system, determined on an acre, front footage, or other equitable basis;

(e) A determination whether the system is consistent with the facility plan of the department of public works;

(f) A list of other necessary services presently available or planned for the area as part of the adopted plan;

(g) Evidence that the applicant agrees to an annexation covenant for the property to be presently served by the system, if located outside the town limits;

(h) A recommendation whether the application meets the criteria of this chapter and the policies and procedures of the public works director and ought to be accepted.

(2) If the town council accepts the application, it passes a resolution declaring its intent to enter into a latecomer agreement, subject to the further requirements of this chapter.

(3) After the system is completed the applicant must present to the public works director a final statement detailing the actual total project costs, including application fees, design, construction and inspection fees. In addition the applicant must submit "as-built" plans showing the system and the service area.

(4) If both the as-built plans and the final statement of costs are consistent with the improvement contemplated, the town enters into the latecomer agreement.

(5) If the final statement exceeds or is inconsistent with the projected cost, or if the as-built plans significantly differ from the original design, the public works director meets with the applicant to determine the reason for the increased cost or different design.

(6) The public works director makes a further report and recommendation to the town council. The town council may approve, reject, or modify the latecomer agreement. (Ord. 349 § 2, 1993)

13.40.030 Criteria for determining latecomer fees.

Criteria for determining latecomer fees shall be based on the following:

(1) Latecomer fees shall be based on the cost difference between the construction required by the town and the minimum construction required by the appropriate state agency to serve only the proposed constructed water or sewer facilities.

(2) Latecomer fees may be charged on the basis of acreage, by the lot, meter size, fire hydrant requirements, expected usage, or a combination of any of the foregoing, whichever is deemed most appropriate in order to provide for a fair pro rata share of the cost of the water or sewer facilities construction by any owner of real estate who did not contribute to the original cost of the construction, including not only those directly connected thereto, but also users connected to laterals or branches connecting thereto.

(3) Latecomer fees shall be in addition to any and all connection fees, charges, assessments, levies or deposits required by the town. (Ord. 349 § 3, 1993)

13.40.040 Maintenance guarantee bond.

The owner shall provide a maintenance guarantee bond in the amount of 10 percent of the value of the water or sewer facilities construction for a period of one year from the date of final approval and acceptance of the water or sewer facilities. (Ord. 349 § 4, 1993)

13.40.050 Contract time period.

All contracts entered into pursuant to this chapter shall provide for a period not to exceed 15 years for the reimbursement of water or sewer facilities costs. (Ord. 349 § 5, 1993)

13.40.060 Area to be served.

Pursuant to the provisions of this chapter, the area to be served shall be within the boundaries of the town or within 10 miles from the corporate limits of the town. (Ord. 349 § 6, 1993)

13.40.070 Collection and disbursements of latecomer fees.

(1) No person, firm or corporation shall be granted a permit or be authorized to tap into or use any water or sewer facilities or extension thereof during the period of time prescribed in such contract without first paying to the town, in addition to all other costs and charges made or assessed for such tap, or use, or for the water lines or sewers constructed in connection therewith, the amount required by the provisions of the contract under which the water or sewer facilities so tapped into or used were constructed.

(2) The town clerk-treasurer shall be the responsible town official for the collection and disbursement of latecomer fees.

(3) All latecomer fees collected shall be disbursed under the terms and conditions of each contract within 60 days after their receipt. (Ord. 349 § 7, 1993)

13.40.080 Administration fees.

The town shall collect five percent, but not less than $50.00 nor more than $500.00 per connection as determined by the latecomer fees contract for the administration costs of said contracts. (Ord. 349 § 8, 1993)

13.40.090 Provisions for removing unauthorized connection taps.

Whenever any tap or connection is made into any contracted water or sewer facilities without payment, the mayor or the mayor’s designee may order the public works department to remove such unauthorized tap or connection and all connecting tile or pipe located in the facility right-of-way and dispose of unauthorized material so removed without any liability whatsoever to the town or officials. (Ord. 349 § 9, 1993)

13.40.100 Charging of town water and sewer rates.

Upon approval and acceptance of water or sewer facilities, the town treasurer shall charge such water and sewer rates authorized by town water and sewer ordinances. (Ord. 349 § 10, 1993)