Chapter 13.15
WATER MAIN EXTENSIONS – LATECOMERS’ FEES

Sections:

13.15.010    Extension of water mains/sewer lines within corporate limits.

13.15.020    Line extension – Latecomer provisions.

13.15.030    Maintenance and improvements.

Code reviser’s note: For provisions concerning the utilities capital improvement fund, see Chapter 3.95 TMC.

13.15.010 Extension of water mains/sewer lines within corporate limits.

When an applicant requests water and sewer service to property lying within the corporate limits, but which property has no water main or sewer line in the adjacent street or alley, a water main and/or sewer collection line (hereinafter sometimes collectively called “utility lines”) may be constructed and approved in accordance with the then current town resolution or ordinance setting forth utility line standards of materials, installation, construction, connection, inspection, and other related requirements. Such installation shall be made as follows:

(1) The owner or owners of the property to be served shall bear the expense of the utility line extension. If the utility line extension is to be installed in town right-of-way or easement, the town shall have the option of performing the utility line extension with town personnel or under contract let by the town. The owner shall first submit detailed plans prepared by a professional engineer for approval by the town. The town utility superintendent shall estimate the expense of labor, equipment, materials, inspection, record drawings, and overhead, and the total of such estimated cost shall be paid to the town treasurer prior to the commencement of the utility line extension and installation. If the estimated amount does not cover the cost of installation, the deficit shall be charged to the property for which the installation was made and shall be paid to the town treasurer within 60 days of the date of determination of the deficit amount. If the estimated amount is in excess of the actual cost of installation, said excess amount shall be returned to the owner, or owners, who are paying for the utility line extension.

The town utility superintendent, by and with the approval of the town council, is authorized to contract with the owners of the property to be served to provide a means for recovering a portion of the cost of the utility line extension by means of a “latecomer” charge to owners of property abutting upon the utility line extension who did not share in the cost of construction and installation but who may wish to connect with such utility line extension services within 10 years following date of completion of the utility line extension. Any such contract shall be recorded in the office of the county auditor of Okanogan County, and such contract shall set forth therein the legal descriptions of the abutting properties and the amount of the “latecomer” charge per each property.

(2) Any portion of a proposed utility line extension which is located upon private property shall be installed strictly in accordance with town specifications by a competent contractor at the expense of the owner. In addition, owner shall pay to the town all costs of an inspector designated by the town for the performance of all utility line installation inspections which are deemed necessary by the utility superintendent and such as are required under applicable ordinances and resolutions of the town.

For any utility line constructed on private property the town shall have the option of requiring that an easement for access to the utility line extension be obtained and conveyed to the town prior to commencement of construction and installation. The width of such easement shall be a minimum of 15 feet, seven and one-half feet on each side of the center line of the utility line, or such additional width as the town may require to provide proper separation of sewer and water lines, and to provide sufficient widths in the case of unusual requirements caused by geographical, terrain, or installation depth features. Said easement shall provide that the grantor shall not construct any buildings or structures within the easement without first obtaining the written approval of the town utility department superintendent.

(3) The owners of property who desire an extension of the town water main and/or sewer lines may choose to have such installation made by the formation of a local improvement district (LID) as prescribed by law.

(4) The town shall own and maintain all utility line extensions located upon town property, rights-of-way, and easements.

(5) If it is determined by the town that the town’s water distribution system and/or sewerage collection system needs would best be served by a utility line sized larger than the utility line extension required of an applicant, the town may enter into an agreement with the applicant to pay the difference between the cost of the pipe size required to be installed by applicant and that of the pipe size installed by reason of the town’s determination. (Ord. 291 § 1, 1984)

13.15.020 Line extension – Latecomer provisions.

If a current and valid agreement for partial reimbursement by way of “latecomer” charges exists as provided in TMC 13.15.010, the town shall pay collected “latecomer” charges to the parties entitled to payment as provided in such 10-year agreements. In all other cases, collected “latecomer” charges shall be retained by the town. (Ord. 291 § 3, 1984)

13.15.030 Maintenance and improvements.

Nothing in this chapter shall be construed to prohibit the town from expending public funds to maintain or improve its existing water distribution and/or sewer collection system or to prohibit the town from expending public funds to maintain or improve its existing utility systems or for such extensions and additions thereto as may be deemed necessary for improvement thereof. (Ord. 291 § 5, 1984)