Chapter 14.20
LATECOMERS AGREEMENT

Sections:

14.20.010    Latecomers agreement contract conditions for water or sewer facilities.

14.20.020    Latecomers agreement contract conditions for street projects.

14.20.010 Latecomers agreement contract conditions for water or sewer facilities.

A. When requested by the owner of real estate the city is required to enter into an agreement to reimburse the owner of the real estate, their heirs, successors and assigns requiring benefited property owners to reimburse if they did not contribute to the original costs of the following facilities, and who subsequently tap into or use the same, for their fair pro rata share of the costs of construction of storm or sanitary sewers, pumping stations and disposal plants, water mains, hydrants, reservoirs or appurtenances.

B. The agreement shall be binding upon the heirs, successors and assigns of the parties.

C. The city shall deduct 10 percent out of all funds received for costs of administration. The amount received for normal hookup charges shall not be part of the agreement and shall be paid directly to the city.

D. The procedure for assessments against property owners shall be as established under Chapter 35.91 RCW for water and sewer improvements.

E. The city clerk shall record the contract with the King County auditor’s office within 30 days of the execution of the agreement.

F. The contract shall be completed and executed within 180 days after completion of construction. (Ord. 2633 § 1 (Exh. 1), 2018; Ord. 1585 §§ 1 – 8, 1988).

14.20.020 Latecomers agreement contract conditions for street projects.

A. The city is authorized to enter into agreements with the owner of real estate to reimburse the owner of the real estate, their heirs, successors and assigns requiring benefited property owners to partially reimburse the owner if they:

1. Are determined to be within the assessment reimbursement area pursuant to RCW 35.72.040;

2. Are determined to have a reimbursement share based upon a benefit to the property owner pursuant to RCW 35.72.030;

3. Did not contribute to the original cost of the street project; and

4. Subsequently develop their property within the period of time that the contract is effective and at the time of development were not required to install similar street projects because they were already provided for by the contract.

Street projects subject to reimbursement may include design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls, and other similar improvements, as required by the street standards of the city.

B. The agreement shall be binding upon the heirs, successors and assigns of the parties.

C. The city shall deduct 10 percent out of all funds received for costs of administration. The amount received for normal charges such as transportation impact fees shall not be part of the agreement and shall be paid directly to the city.

D. The procedure for assessments against property owners shall be as established under Chapter 35.72 RCW for street improvements.

E. The city clerk shall record the contract with the King County auditor’s office within 30 days of the execution of the agreement.

F. The contract shall be completed and executed within 60 days after completion of construction. (Ord. 2633 § 2 (Exh. 1), 2018).