Chapter 14.20
SEWER – STANDARD PARTICIPATION CONTRACT1
Sections:
14.20.030 Charge in lieu of assessment – Trunkage, connection, permit fees and charges.
14.20.050 Developers’ contracts.
14.20.010 Eligibility.
Properties, either inside or outside of the city, which are not entitled to sewer service by reason of not having been subject to a sewer assessment of the city or otherwise qualifying for sewer service may be connected to the public sewers of the city and served thereby, when the owner thereof executes a standard participation contract, developer extension agreement, or both, as determined by the city engineer, and the city council concurs therewith. (Ord. 1263 § 1, 1995; Ord. 486 § 5.01, 1971).
14.20.020 Terms.
The standard participation contract shall provide the following:
A. 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;
B. That the property owner shall subject his property to the terms of the contract and shall use the public sewer of the city in accordance with the rules and regulations of the city 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 city as may from time to time be fixed by the city for its use classification, including, if the city so provides, a reasonable split rate for properties served in particular areas;
C. That the property described in the contract shall be the only property served with sewer service pursuant to that contract;
D. 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 city;
E. That the property owner and his successors in interest shall not object to any annexation to the city 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 assessment for any reasonable costs incurred by the property owner in installing his own sewer lines which have been deeded to the city;
F. The contract shall be filed for record at the office of the King 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. (Ord. 486 § 5.02, 1971).
14.20.030 Charge in lieu of assessment – Trunkage, connection, permit fees and charges.
A. The standard participation contract shall provide that before the property receives sewer service, the property owner must pay to the city, in addition to any trunkage, 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, then by any fair means at the discretion of the city council commissioners. The charge in lieu of assessment must be paid in full before connection to the public sewers of the city is permitted, but if the city council approves, and if the property owner prepays at least 10 percent thereof, the balance of the charge in lieu of assessment may be paid in equal annual installments, plus interest at eight and one-half percent annually on the unpaid balance, payable in not more than five years, or sooner; and that unpaid balance plus interest shall become and remain a lien against the property prior to any other charges whatsoever, except taxes.
B. Instead of the charge in lieu of assessment, the city 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. (Ord. 486 § 5.03, 1971).
14.20.040 Other terms.
To protect the interests of the city, the city council may require other conditions and provisions to be inserted in the standard participation contract as the individual case may warrant. (Ord. 486 § 5.04, 1971).
14.20.050 Developers’ contracts.
Any developer extension agreement for construction of sewer facilities pursuant to Chapter 35.91 RCW shall follow the procedures set forth in Chapter 15.08 PMC and shall be in a form authorized by city council resolution. (Ord. 1977 § 1, 2018; Ord. 1958 § 1, 2017; Ord. 1263 § 2, 1995; Ord. 486 § 5.05, 1971).
For statutory authority for cities to enter into contracts for facilities, see Chapter 35.91 RCW.