Chapter 13.35
STANDARD PARTICIPATION CONTRACT
Sections:
13.35.010 Standard participation contract – Eligibility.
13.35.020 Standard participation contract – Terms.
13.35.030 Connection, permit fees and charges.
13.35.040 Standard participation contract – Other terms.
13.35.050 Developers’ contracts.
13.35.060 Water and sewer extensions.
13.35.080 Minimum plan requirements.
13.35.090 Minimum construction requirements.
13.35.100 Permits for construction.
13.35.110 Fees for design and engineering.
13.35.130 Reimbursement for oversized water and sewer mains.
13.35.150 Relocation of equipment at customer’s request.
13.35.010 Standard participation contract – Eligibility.
Properties, either inside or outside of the service area, may be connected to the public water or sewer systems of the Utility and served thereby, when the owner thereof executes a standard participation contract with the Utility Authority and the Tulalip Tribal Board concurs therewith. [Ord. 76 § 7.01, 12-6-2004 (Res. 2004-467)].
13.35.020 Standard participation contract – Terms.
The standard participation contract shall provide the following:
(1) That the property owner warrants that he or she is the owner of that property or a tenant on that property with full authority to bind the property with covenants and conditions contained in the contract.
(2) That the property owner shall subject his property to the terms of the contract and shall use the public sewer and/or water of the Utility in accordance with the rules and regulations of the Utility as they may be amended from time to time, and that the property shall be subject to the regular schedule of sewer and/or water service charges as may from time to time be fixed by the Utility Authority for its use classification, and shall also be subject to the terms and conditions of this title and all amendments thereto.
(3) That the property described in the contract shall be the only property served with sewer and/or water service pursuant to that contract and that the property owner covenants that no lot shall be subdivided and no well shall be drilled on the owner’s land without the approval of the Tulalip Tribes.
(4) That the property subject to the contract shall be subject to liens, penalties and interest for nonpayment of sewer service and/or water service charges to the same extent as any other property served by the Utility Authority.
(5) The contract shall be filed for record at the office of the Snohomish County Auditor and the Western Washington Indian Agency, Department of the Interior, and shall constitute a charge against that property and a covenant running with the land and shall bind the property and all future owners thereof. The cost of recording this document shall be borne by the applicant and included in the permit fees. [Ord. 76 § 7.02, 12-6-2004 (Res. 2004-467)].
13.35.030 Connection, permit fees and charges.
The standard participation contract shall provide that before the property shall receive sewer and/or water service, the property owner must pay to the Utility capital improvement, utility main, connection and permit fees and charges of said contract. The charges must be paid in full or such arrangements as the Utility Authority shall approve for item payments shall be agreed to before connection to the public sewer and/or water system of the Utility is permitted.
Any such arrangement shall also provide for interest to be charged upon the unpaid balance of any and all fees at a rate of one percent per month upon the unpaid balance compounded annually.
Failure to complete payment of the connection fee shall become a lien against the property.
Instead of any charge, the Utility, at the discretion of the Utility Authority, may accept from the property owner a pipeline of sufficient value installed in an easement or public right-of-way, or some other performance reflecting value approximating the charge. This may include, but not be limited to, off-site utility improvements provided by the Tulalip Tribes.
(1) Capital Improvement Charges. Capital improvement charges shall be assessed on all new connections to the water and sewer system. They constitute an equity payment by new customers for a portion of the previously existing capital assets of the system. They also constitute a contribution to a long-term capital improvement program for the Utility system which includes acquisition of new or larger water sources, construction of water storage and transmission facilities, and construction of sewer trunk lines and sewage treatment facilities. Capital improvement charges shall be paid in full before a new connection shall be approved unless otherwise approved in writing by the Utility Authority. All payments shall be deposited in the Utility construction fund.
The capital improvement charges shall be set regularly by the Board, approved by resolution and attached in TTC 13.105.010 (Appendix A).
Commercial uses shall be charged based on the floor space square footage of the structure served. “Floor space” is defined as the net square footage measured from the interior walls, including interior partitions.
The capital improvement charges for sewer connections shall be reduced by five percent for residential or business developments that participated in a utility local improvement for construction of a sewer main or community water line.
Capital improvement charges for sewer connections to commercial and industrial units shall be reduced by 50 percent for any floor space in the premises which is committed to being used as warehouse space for storage purposes only.
If the use of any premises connected to the Utility is converted from residential to commercial or industrial, or from warehouse to active commercial or industrial use, the owner of the premises shall immediately report such conversion to the Utility and shall pay the extra capital improvement charge which is then required for such an occupancy. Failure to report such a conversion, and pay the extra charge, within 90 days of the new occupancy shall result in the extra charge being doubled as a penalty.
(2) Utility Main Charges. A utility main charge shall be assessed to all new connections which utilize water or sewer mains already existing across the frontage of the property being served. The charges constitute payment to the Utility for cost associated with the original construction of the main across the frontage of the subject property. Such charges shall not apply when the affected property participated in a utility local improvement for construction of this main nor shall it apply to cases where the main was totally paid for by the owner or to any developer which has recorded a recovery contract with the Utility between the developer and the abutting property owners. [Ord. 76 § 7.03, 12-6-2004 (Res. 2004-467)].
13.35.040 Standard participation contract – Other terms.
To protect the interests of the Utility, the Utility Authority may require other conditions and provisions to be inserted in the standard participation contract as the individual case may warrant. [Ord. 76 § 7.04, 12-6-2004 (Res. 2004-467)].
13.35.050 Developers’ contracts.
The Utility Authority may also enter into contracts with developers of real estate for construction of water or sewer facilities by such developers under TTC 13.35.070 through 13.35.140 and such other terms and conditions as the Utility Authority deems proper. These sections shall govern all expansions of the water and sewer systems which involve more than one connection. [Ord. 76 § 7.05, 12-6-2004 (Res. 2004-467)].
13.35.060 Water and sewer extensions.
All water and sewer extensions to the Utility’s water and sewer system shall be designed by a qualified professional engineer and all construction in progress shall be observed by the Utility. All extensions shall be constructed and tested in conformance with the Utility standards and shall be tested in the presence of a representative of the Utility. Upon the successful completion of the work, all water and sewer lines and other sewer or water facilities within the public rights-of-way and private easement required for such extensions shall be conveyed to the Utility Authority. Easements, where required, shall be granted to the Utility Authority prior to acceptance of the work. The owner or contractor shall furnish to the Utility Authority, upon acceptance of the work, a one-year guaranty of the labor and materials installed; and this guaranty shall be insured by an adequate performance and indemnity bond. The Utility Authority shall adopt a standard procedure for developer extension agreements as part of its administrative manual. [Ord. 76 § 7.06, 12-6-2004 (Res. 2004-467)].
13.35.070 Review of plans.
All design plans and specifications which are prepared by qualified engineering firms/agencies shall be submitted to the Utility Authority for review. No construction shall be initiated prior to written approval of the plans and specifications by the Utility Authority. Approval by the Utility Authority shall in no way be warrant of the adequacy of said plans and specifications by the Utility Authority or relieve the applicant from providing functioning facilities constructed in accordance with applicable codes and standards. [Ord. 76 § 7.07, 12-6-2004 (Res. 2004-467)].
13.35.080 Minimum plan requirements.
Minimum requirements for water and sewer plans which are submitted to the Utility Authority for review are as follows:
(1) All documents shall be submitted in duplicate, one set of which will be retained by the Utility Authority and one set will be returned to the applicant.
(2) A plat of the area in which water or sewer lines are to be constructed, which plat has been approved by the Tulalip Planning Department, the Snohomish County Planning Department and the Snohomish County Engineer, where appropriate.
(3) A map showing the location of the plat in relation to the surrounding area.
(4) A contour map of the plat with contour intervals of five feet or less.
(5) A plan and profile showing the location and depth of all proposed utilities.
(6) A plan map of the water and sewer system at a one inch equal to 50 feet horizontal scale showing streets, lot lines, dimensions and location of bench marks and monuments.
(7) A profile of the finished road grades showing a one inch equal to 50 feet horizontal scale and one inch equal to 10 feet vertical scale with the sanitary sewers and water lines and other pertinent underground utilities located thereon. The elevation datum must be noted.
(8) Detail sheets as required to clearly indicate the construction details for all of the sanitary facilities to be constructed, including manholes, lampholes, service materials, street repairs, etc.
(9) Specifications as required to describe the work.
(10) As used in this chapter, the word “plat” shall include existing plat or portions thereof. [Ord. 76 § 7.08, 12-6-2004 (Res. 2004-467)].
13.35.090 Minimum construction requirements.
Minimum construction requirements are as follows:
All streets and roadways shall be graded to within six inches of final grade before installation of water or sewer lines.
All contractors shall be licensed and bonded under the laws of the State of Washington and of this title.
All water and sewer lines, service lines, manholes and cleanouts shall be tested hydrostatically or with the proper use of air testing equipment.
The minimum requirements for extensions which are to be designed by the Utility Authority shall include the submittal of five sets of plans of the approved plat in which water or sewer extensions are desired, together with final street grades. [Ord. 76 § 7.09, 12-6-2004 (Res. 2004-467)].
13.35.100 Permits for construction.
The applicant shall obtain all necessary permits at his own expense and shall pay all fees and connection charges (if applicable) before proceeding with construction. [Ord. 76 § 7.10, 12-6-2004 (Res. 2004-467)].
13.35.110 Fees for design and engineering.
Where extensions are to be designed by the Utility Authority, upon request of the applicant and agreement by the Utility, fees for engineering and inspection and other services required to be performed by the Utility Authority shall be in such sums as are agreed upon by the applicant and the owner, unless otherwise provided by regulations of the Utility Authority. [Ord. 76 § 7.11, 12-6-2004 (Res. 2004-467)].
13.35.120 As-built plans.
Upon completion and acceptance of such construction, duplicate sets of plans and specifications indicating any deviations as built from plans and specifications previously submitted and duplicate sets of appropriate operation and maintenance manuals and technical literature shall be submitted to the Utility by the applicant. The Utility should not accept transfer of such construction until said documents are obtained. [Ord. 76 § 7.12, 12-6-2004 (Res. 2004-467)].
13.35.130 Reimbursement for oversized water and sewer mains.
In all cases, the Utility Manager shall determine the size and depth of water and sewer mains connected to the Utility. If a property owner/developer of residential property is required to install a water main with a diameter in excess of eight inches or a sewer main with a diameter in excess of 10 inches, and if the purpose of such oversizing is to provide for future extension of the main to adjacent properties within the Utility service area, and not merely to meet the needs of the property responsible for constructing the main, the Utility may reimburse the property owner for the difference in material costs incurred solely by reason of the oversizing requirement. No such reimbursement shall be made except upon the following: complete installation of the water or sewer main and approval of the same by the Utility Manager; a submittal of a bill of sale and warranty for the water or sewer main to the Utility; certification of the oversizing costs, with such verification from the material supplier and contractor as the Utility Manager may require; and approval of the oversizing costs by the Utility Manager and Board. [Ord. 76 § 7.13, 12-6-2004 (Res. 2004-467)].
13.35.140 Recovery contracts.
At the option of the Board, any party constructing a public water or sewer line at its own cost may be allowed to enter into a recovery contract with the Utility where partial reimbursement to such party, or its assigns, for the costs of such construction, including the costs of engineering and design work, and all costs of labor and materials reasonably incurred may be included in the monthly fee structure and billings of the Utility and paid to such party. The amount collected would also include a handling charge for the additional accounting which would be retained by the Utility. Such contracts shall be governed by the following provisions:
(1) Line must be successfully completed and accepted by the Utility including bill of sale/warranty.
(2) The Utility Manager will determine the cost share per property owner based on the benefit received including consideration of frontage but no reimbursement shall be granted for the proponent’s property.
(3) Properties not connected to the Utility prior to the project shall be required to sign covenants agreeing to payment of the above-stated main costs and said covenants shall be recorded with the Snohomish County Auditor which shall constitute a lien against all real property benefited by the main which did not contribute to the original cost of this construction project.
(4) Cost recovery fees collected by the Utility from Utility customers that benefited from this main shall be paid to the party that signed the recovery agreement with the Utility or that party’s representative, successors or assigns on a quarterly basis.
(5) Nothing in this section, nor any provision of the recovery contract, shall be construed as extending the commitment of the Utility to areas not specifically covered by the agreement, nor shall this section, or any recovery contract, be construed as establishing express or implied rights for any property owner to connect to the Utility without first qualifying for such connection through compliance with all applicable sections of this title. [Ord. 76 § 7.14, 12-6-2004 (Res. 2004-467)].
13.35.150 Relocation of equipment at customer’s request.
If a customer requests that his or her delivery point be moved to a new location on the property, he shall pay the entire cost of relocating the service pipe, meter, and other facilities. The customer will have to relocate his own service line to the new location. The Utility will disconnect the old service (at the meter in the case of water service) and reconnect the new service.
The Utility may reduce the costs to be charged to the customer for relocating any of the Utility’s facilities, as requested by a customer, to the extent that such relocations may benefit the Utility. In determining the amount of such reduction, the Utility will give consideration to the remaining physical life of facilities or equipment replaced, the improvement to system operations, and any increased revenues which accrue to the Utility as a result of such relocations. [Ord. 76 § 7.15, 12-6-2004 (Res. 2004-467)].