Chapter 13.24
WATER AND SEWER FACILITY CONSTRUCTION
Sections:
13.24.010 Contract—Authorized.
13.24.020 Approval—Acceptance.
13.24.050 Contract—Negotiations.
13.24.060 Contract—Proposal hearing.
13.24.010 Contract—Authorized.
Pursuant to authority granted by RCW Chapter 35.91, the city is authorized to enter into a contract with any owner or developer of real estate for the construction of storm, sanitary or combination sewers, pumping stations and disposal plants, water mains, hydrants or appurtenances, hereinafter called “water or sewer facilities,” within the boundaries of the city or within four miles from the city limits for the connection of such facilities with the municipal water or sewage system to serve the area in which the real estate of such owners or developers is located and to provide for a period of not to exceed fifteen years for the reimbursement of such owners and their assigns, by any owner or developer of real estate who did not contribute to the original cost of such water or sewer facilities and who subsequently taps onto or uses the same of a fair prorata share of the cost of the construction of the water or sewer facilities, including not only those directly connected thereto, but also users connected to laterals or branches connecting thereto, subject to such reasonable rules and regulations as the city council shall provide or contract, and notwithstanding the provisions of any other law. The provisions of such contract shall not be effective as to any owner of real estate not a party thereto unless such contract has been recorded in the office of the county auditor prior to the time such owner taps into or connects the water or sewage facilities. (Ord. 333 § 1, 1972).
13.24.020 Approval—Acceptance.
Upon the completion of water or sewer facilities pursuant to contract mentioned in Section 13.24.010, the city council is authorized to approve their construction and accept the same as facilities of the municipality and to charge for the use such water or sewer rates as are charged to other similar users, and if such water or sewer facilities are so approved and accepted, all further maintenance and operation costs of the water or sewer lines and facilities shall be borne by the city. (Ord. 333 § 2, 1972).
13.24.030 Facility use fee.
No person, firm or corporation shall be granted a permit or be authorized to tap into or use any such water or sewer facilities or extensions thereof during the period of time prescribed in the contract authorized by Section 13.24.010 without first paying to the municipality in addition to any and 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. All amounts so received by the city shall be paid out by it under the terms of such contract within sixty days after the receipt thereof. Whenever any tap or connection is made into any such contracted water or sewer facility without such payment having first been made, the governing body of the municipality may remove, or cause to be removed, such unauthorized tap or connection and all connecting tile or pipe located in the facility right-of-way and dispose of the unauthorized material so removed without any liability whatsoever. (Ord. 333 § 3, 1972).
13.24.040 Improvement costs.
Whenever the cost, or any part thereof, of any water or sewer improvement, whether local or general, is or will be assessed against the owners or developers of real estate and such water or sewer improvement will be connected into or will make use of contracted water or sewer facilities constructed under the provisions of this chapter, and to the cost of which such owners, or any of them, did not contribute, there shall be included in the engineer’s estimate before the hearing on any such improvement, separately itemized, and in such assessments, a sum equal to the amount provided in or computed from the contract authorized by Section 13.24.010 as the fair prorata share due from such owners upon and for such contracted water or sewer facilities. (Ord. 333 § 4, 1972).
13.24.050 Contract—Negotiations.
To initiate negotiations for the contract mentioned in Section 13.24.010, the owner or developer of any lands within the city intending to make use of the procedure under this chapter shall file with the city clerk a preliminary assessment roll together with a map or a suitable legible sketch showing the location of the proposed water or sewer line and showing the property that may be reasonably benefited by the installation of such facility, with a breakdown in the assessment roll showing the estimated costs to be assessed against each lot, tract and parcel of land, for the privilege of connecting to the water or sewer facility. Such owner or developer shall also file with the city clerk an estimate of the total construction charges with a breakdown of labor, material and all charges to be assessed against the project; and such owner or developer shall also file with the city clerk a proposed contract providing for the repayment by future connectors setting forth in detail the property to be described and the amount to be charged against each lot, tract or parcel of land connecting to the water or sewer improvement. The proposed contract shall give the legal description of each lot, tract and parcel of land to be charged for such connection and the amount of such charge for each, and such proposed contract shall be in suitable form for recording on the public records. (Ord. 333 § 5, 1972).
13.24.060 Contract—Proposal hearing.
The city clerk shall present to the city council, at its next regular meeting, such assessment roll map or sketch, proposed contract and estimate of the construction charges. The city council shall set a public hearing to be heard before the city council within sixty days after such proposal is presented to the city council. Notice of such public hearing shall be published once in the official newspaper of the city and the published notice shall contain the proposed assessment roll describing each lot, tract and parcel of land to be benefited and the amount of charges to be assessed to each for connection to such water or sewer facility. If more than sixty percent of the owners, by area, of the property to be benefited object to the assessment roll, the city shall not enter into such proposed contract. If less than sixty percent of the benefited owners object, the city council may proceed to enter into a contract with the owner or developer for the construction of such facilities. (Ord. 333 § 6, 1972).
13.24.070 Standards.
All water and sewer facilities constructed under the terms of this chapter shall be done in accordance with modern engineering standards as specified by the city engineer and if the workmanship and materials meet said standards and are accepted and approved by the city engineer, the city shall accept the facilities by resolution and thereafter such facilities shall be the property of the city. (Ord. 333 § 7, 1972).