Chapter 13.90
WATER, SEWER AND STORMWATER RECOVERY CONTRACTS

Sections:

13.90.010    Applicability.

13.90.020    Application.

13.90.030    Length of recovery period.

13.90.040    Determination of recovery benefit area.

13.90.050    Determination of recovery fee.

13.90.060    Review of recovery contract by City Attorney.

13.90.070    Approval by City Council.

13.90.080    Recording of recovery contract.

13.90.090    Construction and acceptance of improvements.

13.90.100    Collection of recovery fees.

13.90.010 Applicability.

The provisions of this chapter shall apply to all recovery contracts authorized by Chapter 35.91 RCW for construction of storm, sanitary or combination sewers, pumping stations and disposal plants, water mains, hydrants, reservoirs or appurtenances, hereafter called “water or sewer facilities.” (Ord. 2223 § 2, 1999).

13.90.020 Application.

Application for water or sewer facilities recovery contracts shall be made upon forms provided by the City and shall be accompanied by (1) preliminary utility design drawings, (2) itemized estimate of the construction costs prepared and signed by a qualified and licensed engineer, (3) a separate legal description for each tax parcel within the benefitted area, and (4) such information as the Public Works Director determines is necessary in order to properly review and approve the application. (Ord. 2223 § 2, 1999).

13.90.030 Length of recovery period.

No recovery contract shall provide the reimbursement for a period of longer than 15 years from the date the contract is approved by the City. (Ord. 2223 § 2, 1999).

13.90.040 Determination of recovery benefit area.

The Public Works Director shall define the reimbursement area based upon a determination of which parcels do not contribute to the original cost of the water or sewer facilities for which the recovery contract applies and which may subsequently tap into or use the same, including not only those which may connect directly thereto, but also those which may connect to laterals or branches connecting thereto. (Ord. 2223 § 2, 1999).

13.90.050 Determination of recovery fee.

The Public Works Director shall determine a fair pro rata share of the cost of construction of the water or sewer facilities for those who subsequently tap onto or use the same. The Public Works Director may use any method or combination of methods of assessment which fairly distributes the cost of construction of the water or sewer facilities to property owners within the benefit area who may subsequently tap into or use such facilities. (Ord. 2223 § 2, 1999).

13.90.060 Review of recovery contract by City Attorney.

Each recovery contract shall be prepared by or reviewed by the City Attorney. No such contract shall be presented to the City Council for its acceptance until after review by the City Attorney and the Public Works Director. (Ord. 2223 § 2, 1999).

13.90.070 Approval by City Council.

All recovery contracts shall be presented to the City Council for its review and approval. The decision of the City Council shall be final and not subject to further appeal. (Ord. 2223 § 2, 1999).

13.90.080 Recording of recovery contract.

In order to become effective, a recovery contract must be recorded with the office of the King County Department of Records and Elections. It shall be the sole responsibility of the beneficiary of the recovery contract to pay all costs in connection with recording the contract. (Ord. 2223 § 2, 1999).

13.90.090 Construction and acceptance of improvements.

After the recovery contract has been signed by both parties and all necessary permits and approval have been obtained, the applicant shall construct the improvements. Upon completion of construction, the applicant shall request final acceptance of the improvements by the City. In the event that actual costs are less than the Public Works Director’s initial estimate used in calculating the recovery fee, the Director shall recalculate the recovery fees, and shall cause a revised list of fees to be recorded with the King County Department of Records and Elections, at applicant’s cost. (Ord. 2223 § 2, 1999).

13.90.100 Collection of recovery fees.

A. Subsequent to the recording of a recovery contract, the City shall not permit connection of any property within the benefit area to any sewer or water facility constructed pursuant to the recovery contract unless the share of the cost of such facility as required by the recorded agreement is first paid to the City.

B. Upon receipt of any such fees, the City shall deduct an administrative fee as set forth in the recovery contract and remit the balance to the party entitled to the fee pursuant to the agreement. In the event that through error the City fails to collect a required recovery fee prior to approval of connection to a sewer or water facility, the City shall make diligent efforts to collect such fee, but shall under no circumstances be obligated to make payment to the party entitled to reimbursement or in any way be liable to such party, unless such recovery fee has actually been paid to the City. (Ord. 2223 § 2, 1999).