Chapter 7.35
STANDARD PARTICIPATION CONTRACT

Sections:

7.35.010    Standard participation contract – Eligibility.

7.35.020    Standard participation contract – Terms.

7.35.030    Charge in lieu of assessment – Trunkage, connection, permit fees and charges.

7.35.040    Standard participation contract – Other terms.

7.35.050    Developers’ contracts.

7.35.010 Standard participation contract – Eligibility.

Properties, or portions thereof, either inside or outside of the District, which are not entitled to sewer service by reason of not either having been subject to a sewer assessment of the District or otherwise qualifying for sewer service, may be connected to the public sewers of the District and served thereby, when the owner thereof executes a standard participation contract and the Board of Sewer Commissioners concurs therewith. [Res. 62 § 5.01, 1968.]

7.35.020 Standard participation contract – Terms.

The standard participation contract shall provide the following:

(1) That the property owner warrants that he is the owner of that property with full authority to bind the property with the covenants and conditions contained in the contract.

(2) That the property owner shall subject his property to the terms of the contract and shall use the public sewer of the District in accordance with the rules and regulations of the District as they may be amended from time to time, and that the property shall be subject to the regular schedule of sewer service charges of the District as may from time to time be fixed by the District for its use classification, including, if the District so provides, a reasonable split rate for properties served in particular areas.

(3) That the property described in the contract shall be the only property served with sewer service pursuant to that contract.

(4) That the property subject to the contract shall be subject to liens, penalties and interest for nonpayment of sewer service charges to the same extent as any other property served by the District.

(5) That the property owner and his successors in interest shall not object to any annexation to the District or the formation of any utility local improvement district, the area of which may include the property subject to the contract. Credit shall be given on any future assessment in a utility local improvement district for any charge in lieu of assessment paid for that property or any reasonable costs incurred by the property owner in installing sewer lines which have been deeded to the District.

(6) That the contract shall be filed for record at the office of the Snohomish County Auditor and shall constitute a charge against that property and a covenant running with the land and shall bind the property and all future owners thereof. [Res. 62 § 5.02, 1968.]

7.35.030 Charge in lieu of assessment – Trunkage, connection, permit fees and charges.

(1) The standard participation contract shall provide that before the property or portion thereof covered thereby shall receive sewer service, the property owner must pay to the District, in addition to any connection and permit fee or charge which may be due, an amount of money which shall constitute a charge in lieu of assessment and which may be determined as near as may be by the use of the assessment formula used in the utility local improvement district whose sewer lines will be tapped to serve the property subject to the contract, or if there be no such utility local improvement district, then by any fair means at the discretion of the Board of Sewer Commissioners. The charge in lieu of assessment must be paid in full before connection to the public sewers of the District is permitted.

(2) Payment of the connection charge in installments shall be allowed only under the following circumstances:

(a) A binding developer extension agreement has been entered into with the District;

(b) The project consists of the construction of multi-unit residential properties in multiple buildings which are capable of being connected separately to the District’s system of sewers;

(3)(a) The total connection charge (as set forth in the developer extension agreement) shall be segregated among the buildings on a “per unit” basis;

(b) Prior to any individual building connecting to the District’s systems of sewers, the Developer shall pay the connection charge applicable to that building;

(c) By allowing any building or buildings to connect to the District’s system of sewers, the Lake Stevens Sewer District is not guaranteeing or representing in any way that capacity will be available for any remaining buildings for which the connection charge has not been paid;

(d) No other property of the owner in the vicinity of the property shall be connected to the District’s sewer system until the connection charge for such property has been paid under a binding developer extension agreement;

(e) The total connection charge shall be paid, and all buildings shall be connected to the District’s system of sewers, within two years of the date of the developer extension agreement;

(f) The Board of Commissioners shall determine whether allowing installment payments for any given project will adversely affect the operations or financial standing of the District, and shall deny any request for installment payments if such adverse effects would result from segregation.

(4) If the property, or portion thereof, covered by the standard participation contract is not platted, then all of that property owned by the same person in a contiguous area which at that time had not been subject to special assessments for the public sewer into which it is to be connected and which can be served by that public sewer must be covered by the standard participation contract. If such property is platted, then only the lot to be served need be covered by the contract.

(5) Instead of the charge in lieu of assessment, the District may accept from the property owner a sewer pipeline of sufficient value installed in an easement or public right-of-way, or some other performance reflecting value approximating the charge in lieu of assessment.

(6) When a request for sewer service of a particular area requires the payment of a charge in lieu of assessment be received by the District, the charge shall be calculated upon the total area involved; and no reduction of the charge shall be allowed because of any characteristics of the area involved or for any other reason. [Res. 587 §§ 1, 2, 1994; Res. 551, 1993; Res. 532 § 1, 1991; Res. 121 § 1, 1971; Res. 62 § 5.03, 1968.]

7.35.040 Standard participation contract – Other terms.

To protect the interests of the District, the Board of Sewer Commissioners may require other conditions and provisions to be inserted in the standard participation contract as the individual case may warrant. [Res. 62 § 5.04, 1968.]

7.35.050 Developers’ contracts.

The District may also enter into contracts with owners of real estate as provided in the municipal water and sewer facilities (Chapter 35.91 RCW), or other contracts which law permits. [Res. 62 § 5.05, 1968.]