Chapter 13.12
ASSESSMENT REIMBURSEMENT CONTRACTS (LATECOMER AGREEMENTS)
Sections:
13.12.010 Scope and authority.
13.12.030 Utility construction reimbursement contract.
13.12.070 Connecting improvements.
13.12.010 Scope and authority.
A. Upon the receipt of a proposal by a property owner or owners, the city may enter into a utility construction reimbursement contract (latecomer agreement) pursuant to this chapter for the construction of sewer projects or water projects and for the reimbursement to the property owner by other property owners of the costs of such construction in a manner consistent with the provisions of RCW 35.91.
B. Projects subject to a utility construction reimbursement contract may include construction of storm, sanitary or combination sewers, pumping stations, and disposal plants, water mains, hydrants, reservoirs, or any laterals, branches or appurtenances thereto.
C. Only projects within the boundaries of the city or within 10 miles from the corporate limits of the city may be subject to a utility construction reimbursement contract.
D. No utility construction reimbursement contract entered into pursuant to this chapter may extend for a period exceeding 15 years. (Ord. 519 § 1, 1994).
13.12.020 Procedure.
Within 30 days of receipt of the property owner’s or owners’ proposal for a utility construction reimbursement contract, the public works director shall make a preliminary determination that it will either process a utility construction reimbursement contract or that it will not as proposed. In the event that the public works director’s preliminary determination is that it process such a contract, the public works director shall:
A. Prepare a recommendation to the city council that it either adopt an ordinance authorizing the mayor to enter into the contract, reject the ordinance and contract, or vote to authorize the mayor to enter into the contract only if certain specified changes have been made to the contract; and
B. Set the contract for a public hearing before the city council and publish notice of such public hearing according to the city’s public hearing requirements. (Ord. 519 § 2, 1994).
13.12.030 Utility construction reimbursement contract.
A. Following the public hearing required pursuant to this chapter, the city council may adopt an ordinance authorizing the mayor to enter into the contract, reject the ordinance and contract, or vote to authorize the mayor to enter into the contract only if certain specified changes have been made to the contract.
B. Upon the adoption by the city council of an ordinance authorizing the mayor to enter into a utility construction reimbursement contract, either in its original form or as modified by the city council, the mayor and the property owner shall finalize and execute the contract. (Ord. 519 § 3, 1994).
13.12.040 Recording.
A. The utility construction reimbursement contract shall be recorded in the office of the Thurston County auditor within 30 days of its execution.
B. Upon recording, the assessment reimbursement contract is binding on owners of record within the benefit area who were not parties to the contract, their heirs, successors and assigns, and the obligations created thereby run with the land. (Ord. 519 § 4, 1994).
13.12.050 Addendum.
Upon completion of the projects subject to a utility construction reimbursement contract, the parties to the contract shall prepare and execute an addendum to the contract that provides the following:
A. The actual costs of construction of such projects;
B. The actual costs of design and engineering of such project;
C. The actual assessment to be imposed on each owner within the benefit area, based on the application of the owner’s reimbursement share to the actual costs of the project.
Such addendum shall be recorded in the same manner and with the same binding effect as provided in this section. (Ord. 519 § 5, 1994).
13.12.060 Reimbursement.
No person, firm or corporation shall be granted a permit or be authorized to tap into, or use any water or sewer facilities or extensions thereof that are subject to utility construction reimbursement contract during the period of time prescribed in such contract 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 municipality shall be paid out by it under the terms of such contract within 60 days after the receipt thereof; provided, however, that this section shall not apply to the connection of a single-family dwelling pursuant to WAC 246-272A-0025, which requires connection to a public sewer system upon failure of an on-site sewage disposal system where a sewer line is within 200 feet of the property. (Ord. 850 § 1, 2006; Ord. 519 § 6, 1994).
13.12.070 Connecting improvements.
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 of real estate and such 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 such contract as the fair pro rata share due from such owners upon and for such contracted water or sewer facilities. (Ord. 519 § 7, 1994).