CHAPTER 3
WATER AND SEWER FACILITIES, LATECOMER REIMBURSEMENT AGREEMENTS
SECTION:
9-3-3: Notify City Of Desire To Connect
9-3-5: Procedure Upon Submission For Approval
9-3-6: Latecomer Agreement Provisions; Approval
9-3-7: Restrictions On Connection
9-3-9: Recording Of Agreements And Releases
9-3-1 PURPOSE:
This chapter is intended to prescribe rules and regulations for exercise of the authority to enter into a utility reimbursement agreement granted to the city by Chapter 35.91 RCW as now enacted or hereafter amended. Nothing in this chapter shall infringe upon the right of the city to reimbursement in any form when otherwise legally due; and as an owner or an owner of a contract regarding owner reimbursement for improvements; and pro rata reimbursement where the city and the owner both incurred costs for the construction. (Ord. 531, 5-12-1997; Ord. 913, 7-28-14)
9-3-2 DEFINITIONS:
The terms used in this chapter, where applicable, shall be defined as in Chapter 35.91 RCW as now enacted or hereafter amended. (Ord. 531, 5-12-1997; Ord. 913, 7-28-14)
9-3-3 NOTIFY CITY OF DESIRE TO CONNECT:
The owner desiring to connect to the water facilities of the city shall notify the city clerk-treasurer, in writing, at least sixty (60) days prior to construction of the facilities of his intent to enter into a latecomer agreement with the city. The clerk-treasurer shall refer the notice to the city engineer. The notice shall contain the following information:
A. Description of the facilities to be installed.
B. 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. 531, 5-12-1997; Ord. 913, 7-28-14)
9-3-4 OWNERSHIP OF SYSTEM:
A. Compliance With City Regulations: To be eligible, the plans and specifications for construction of the water or sewer facility must comply with all city ordinances, rules and regulations pertaining to the design and construction of water or sewer systems and be approved by the city engineer. Upon approval of the plans and specifications, the city shall honor the request.
B. Constructed System Property Of City: Upon acceptance of the water or sewer facility by the city, the constructed system shall become the property of the city. The city shall charge and receive fees for use according to the city’s established water rates. Maintenance and operation costs of the system shall be borne by the city. (Ord. 531, 5-12-1997; Ord. 913, 7-28-14)
9-3-5 PROCEDURE UPON SUBMISSION FOR APPROVAL:
A. Within one hundred twenty (120) days of the completion of the water or sewer facility, the owner shall submit all contracts and costs related to the water or sewer facility for verification and approval by the city engineer. The city shall have ninety (90) days thereafter to finalize the agreement.
B. Failure To Comply Within Time Limit: In the event the owner fails to comply with the time limitations set forth in section 9-3-3 and subsection A of this section, then and in that event, the owner shall have waived his right to enter into a latecomer agreement with the city. (Ord. 531, 5-12-1997; Ord. 913, 7-28-14)
9-3-6 LATECOMER AGREEMENT PROVISIONS; APPROVAL:
A latecomer agreement shall be approved as to form by the city attorney and shall contain the following provisions:
A. Effective Term Of Agreement: The agreement shall be in effect for a period of twenty (20) years from the date thereof, with possibilities for extension as noted in Chapter 35.91 RCW as now enacted or hereafter amended. Extensions shall be filed and recorded with the county auditor.
B. Fee To Defray City Costs: In addition to the amounts agreed upon to be collected by the city, the city shall charge a sum up to fifteen percent (15%) of the agreed amount to defray the cost of labor, bookkeeping and accounting.
C. Water Main Ownership By City; Easement: Ownership of all water mains installed shall be conveyed to the city, without cost to the city and upon acceptance by the city of the water or sewer facility, and the owner thereof shall grant the city an easement for all water mains installed on private property. All easements for water mains shall be submitted to the city within sixty (60) days from the completion of construction.
D. Connection of the water or sewer facility to a municipality’s system is conditioned upon:
1. Construction of the water or sewer facility according to plans and specifications approved by the city;
2. Inspection and approval of the water or sewer facility by the city;
3. Transfer to the city of the water or sewer facility, without cost to the city, upon acceptance by the city of the water or sewer facility;
4. Full compliance with the owner’s obligations under the contract;
5. Full compliance with the city’s rules and regulations;
6. Provision of sufficient security to the city to ensure completion of the water or sewer facility and other performance under the contract;
7. Payment by the owner to the city of all of the city’s costs associated with the water or sewer facility including, but not limited to, engineering, legal, and administrative costs; and
8. Verification and approval of all contracts and costs related to the water or sewer facility.
E. Hold Harmless Agreement: The agreement shall provide that the owner of the facilities waives and releases the city from all claims arising from the establishment, administration and enforcement of the latecomer agreement.
F. City Not Considered Guarantor: In no event shall the city be considered a guarantor of any project or improvement by virtue of this chapter or any agreement made pursuant to this chapter. (Ord. 531, 5-12-1997; Ord. 913, 7-28-14)
9-3-7 RESTRICTIONS ON CONNECTION:
A. Prior Payment Required: Under the terms of the latecomer agreement, the city shall not allow any person to tap onto the system without prior payment to the city, including costs of administration.
B. Nonliability For Unauthorized Tap: The latecomer agreement shall obligate the city to exercise its best efforts to assure compliance with this section, but the city shall not incur liability for an unauthorized tap. (Ord. 531, 5-12-1997; Ord. 913, 7-28-14)
9-3-8 PAYMENT OF CHARGE:
A. Compliance With City Rules: Payment of the latecomer charge shall be made to the city in accordance with the city’s rules.
B. Lump Sum Payment: Payment to the city shall be by one lump sum including administrative costs. The city shall pay the amounts due the owner within sixty (60) days after receipt of the payment.
C. Annual Certification: Throughout the term of the agreement, the owner must in writing certify annually in January the name(s) and address(es) of the owner. The city shall not be responsible for locating any person who may be entitled to benefits under any agreement. Failure to receive the annual certification required under this subsection shall give the city cause to refuse to make payment under the agreement and money received may become the sole and exclusive property of the city. (Ord. 531, 5-12-1997; Ord. 913, 7-28-14)
9-3-9 RECORDING OF AGREEMENTS AND RELEASES:
A. Record Agreement With County: The city, at the expense of the owner, shall record each latecomer agreement, or a notice thereof, including the legal description of all properties subject to the latecomer charge, in the office of the auditor of Pierce County.
B. Furnish Proof Of Payment: When the latecomer charge for a particular lot or parcel has been paid, the city clerk-treasurer shall furnish proof of payment to the owner of the lot or parcel and within thirty (30) days thereof record a release, at the expense of the lot or parcel owner, in the office of the auditor of Pierce County. (Ord. 531, 5-12-1997; Ord. 913, 7-28-14)