Chapter 13.13
AGREEMENTS WITH OWNERS OF REAL ESTATE FOR WATER OR SEWER FACILITIES

Sections:

13.13.010    Latecomer agreements authorized.

13.13.020    Notice required.

13.13.030    Approval by the town council.

13.13.040    Provisions required in agreement.

13.13.010 Latecomer agreements authorized.

The town is hereby authorized to contract with the owners of real estate in the manner provided in Chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act. (Ord. 90-29 § 1, 1990).

13.13.020 Notice required.

The owner desiring to contract with the town shall notify the mayor in writing at least 30 days prior to construction of the facilities of his intent to enter into a latecomer agreement with the town. The notice shall contain the following information:

A. The description of the facilities to be installed;

B. The legal and general description of the area where the facilities are to be installed and a map showing the location thereof;

C. The cost estimate of the facilities. (Ord. 90-29 § 2, 1990).

13.13.030 Approval by the town council.

A. The owner shall submit the final construction costs to the mayor within 60 days from the date of final approval of the construction by the town. The matter shall then be submitted to the town council, which shall have authority to approve or disapprove entering into the latecomer agreement with the owner. If the project is approved for a latecomer agreement by the town council, the town shall have 90 days thereafter to finalize the agreement.

B. In the event the owner fails to comply with any of the time limitations set forth in this chapter, then the owner shall have waived his right to enter into a latecomer agreement with the town. (Ord. 90-29 § 3, 1990).

13.13.040 Provisions required in agreement.

The latecomer agreement shall be approved as to form by the town attorney and shall contain the following provisions:

A. The latecomer agreement shall be in effect for a period of up to 15 years from the date thereof.

B. The town shall have sole authority to determine the fair pro rata share of the cost of construction to be collected from latecomers for reimbursement to the owner.

C. In addition to the amounts agreed to be collected by the town, the town shall charge a sum equal to 15 percent of the agreed amount to defray the cost of labor, bookkeeping and accounting.

D. The ownership of all water and sewer main lines shall be conveyed to the town and any water or sewer line installation on private property shall be conveyed with an appropriate easement in a form acceptable to the town. All deeds and easements for the main lines shall be submitted to the town within 60 days of the completion of construction. (Ord. 90-29 § 4, 1990).