Chapter 15.16
CONTRACTS WITH OWNERS OF REAL ESTATE
Sections:
15.16.010 Authority to contract.
15.16.030 Reimbursement period.
15.16.040 Rates to be charged.
15.16.010 Authority to contract.
In accordance with and pursuant to the authority granted by RCW 35.91.020 the city of Centralia in accordance with the standards and procedures herein set forth is authorized, upon a proper showing of competence and reliability, to contract with owners of real estate for the construction of storm, sanitary or combination services, pumping stations and disposal plants, water mains, hydrants or appurtenances, hereinafter called “water or sewer facilities,” within the corporate city limits of the city of Centralia or within five miles from the corporate limits connecting with the water or sewage systems of the city of Centralia to serve the area in which the real estate of such owner or owners is located. (Ord. 1320 § 1 (part), 1974).
15.16.020 Requirements.
Such contract or proposed development shall not be entered into by the city without the entry of findings by the city council based on such information as is available through the city engineering department, water and sewer department and/or other engineering sources if requested that the following is true with respect to the proposed area wherein contract is being considered:
A. That the development and/or proposed development be in an area where annexation to the city may be reasonably expected as soon as the same is or becomes contiguous to the city and the population and tax base makes annexation desirable to the city.
B. That the requirements of the development, when and if completed, appear to be within the present and immediately foreseeable capabilities of the sewage treatment plant and/or the water resources and capability of the water department and/or present water and sewer mains as the case may be.
C. That the application from the developer contain a statement that the developer intends to and would encourage annexation to the city of the area concerned as soon as the conditions set forth in subsection (A) of this section are met.
D. That by no implication will the existence of a contract with the city authorize the developer to extend the water and/or sewer service, as the case may be, beyond the area specifically applied for; that the city retain the absolute right, as in its sole judgment it may appear, to reject any proposal for the extension of such water or sewer service beyond the area specifically applied for.
E. That if the area proposed to be served is already substantially developed with dwellings, septic tanks and/or multiple ownerships that the methods theretofore used by the city, namely annexation and local improvement district procedure will be followed.
F. That the water or sewer facility, as the case may be, to be constructed hereunder, shall, if all other requirements by the city are met, be solely at the expense of the developer with no cost to the city.
G. That the facility be constructed in accordance with city standards and specifications and subject to city inspection.
H. That the contract, if entered into, shall provide that title to the facility to be constructed shall, upon completion and approval by the city, be immediately transferred to the city together with any easement or any other instruments thereto pertaining to the city, after which the same shall become a part of the sewer and/or water system of the city as the case may be. That the developer, at the time of entering a contract with the city, shall furnish evidence of financial responsibility to the city prior to construction. That the developer furnish evidence that all lienable items have been paid prior to acceptance by the city.
I. That in the event suit or action is instituted to enforce any of the terms of an agreement with a developer entered pursuant to this chapter, that neither the city nor the developer, nor any of the developer’s successors in interest, shall be entitled to recover from the other, any sum for attorney fees or costs. (Ord. 1320 § 1 (part), 1974).
15.16.030 Reimbursement period.
Any such contracts may provide for a period of not to exceed fifteen years for the reimbursement of such owners and their assigns by any owner of real estate who did not contribute to the original cost of such water or sewer facilities, including not only those directly connected thereto, subject to such reasonable rules and regulations as the city of Centralia may contract, and notwithstanding the provisions of any other ordinance of the city of Centralia. (Ord. 1320 § 2, 1974).
15.16.040 Rates to be charged.
That higher rates for water and/or sewer services may be charged by the city to users outside of the city to recompense the city in such amount as the city finds necessary and desirable for the prior contribution of the city in providing a system or systems that have had no support or cost contribution from users outside the city and to cover the added cost incident increased distance. (Ord. 1320 § 3, 1974).