Chapter 13.18
LATECOMER AGREEMENTS FOR WATER AND SEWER
Sections:
13.18.030 Limitations on latecomer agreement.
13.18.040 Effect of latecomer agreement.
13.18.060 Deadline for submittal of application.
13.18.070 Administrative fees and recording costs.
13.18.090 Cost of construction to be examined by director.
13.18.100 Approval and acceptance of water and/or sewer facilities by city.
13.18.110 City council approval and notice.
13.18.120 No requirement for execution of latecomer agreement.
13.18.010 Purpose.
The purpose of this chapter is to implement Chapter 35.91 RCW, and to describe the process for a property owner or developer to request the execution of a latecomer agreement with the city council for water and/or sewer facilities. (Ord. 1482 § 3, 2010)
13.18.020 Definitions.
The definitions set forth in this section shall apply throughout this chapter:
(1) “Cost of construction” means the cost incurred for design, acquisition for right-of-way and/or easements, permit and plan review fees, construction (including materials and installation), and completion of required as-built plans and documentation required for a proposed latecomers’ agreement as required in order to create and install the water and/or sewer facilities in accordance with all applicable laws, ordinances and standards, including the city’s public works standards. Consultant and legal costs directly associated with completion of the above elements are considered eligible costs. Costs related to financing, including interest, are not considered eligible costs. The cost of construction shall be documented in writing on final invoices or other documents showing the amounts paid by the owner. The city will not accept written estimates in determining the cost of construction. In the event of a disagreement between the city and the owner concerning the cost of the water and/or sewer facilities, the director’s determination shall be final.
(2) “Director” means the city public works director or other individual designated by the mayor.
(3) “Latecomer agreement” means a written contract between the city and one or more property owners providing for the partial reimbursement of the cost of constructing the water and/or sewer facilities. The latecomer agreement shall be a standard agreement approved as to form by the city attorney.
(4) “Water and/or sewer facilities” means storm, sanitary or combination sewers, pumping stations and disposal plants, water mains, hydrants, reservoirs, or appurtenances. (Ord. 1482 § 3, 2010)
13.18.030 Limitations on latecomer agreement.
The city council may execute a latecomer agreement for water and/or sewer facilities with a property owner who constructs water and/or sewer facilities:
(1) Within the city or within 10 miles from the city corporate limits, connecting with the city public water or city sewerage system to serve the area in which the real estate is located;
(2) To provide for a period of not to exceed 20 years for the reimbursement of such real estate owners and their assigns by any owner of real estate who did not contribute to the actual cost of such water and/or sewer facilities and who subsequently tap into or use the same (the “latecomer”);
(3) To require that the latecomer pay his or her fair pro rata share of the cost of the construction of the water and/or sewer facilities, including not only those directly connected thereto, but also users connected to laterals or branches connecting thereto;
(4) To be effective as to any owner of real estate not a party to the latecomer agreement unless such latecomer agreement has been recorded in the office of the Grays Harbor County auditor prior to the time that the latecomer taps into or connects to said water and/or sewer facilities. (Ord. 1482 § 3, 2010)
13.18.040 Effect of latecomer agreement.
No person, firm or corporation shall be granted a permit or be authorized to hook up or use any such water and/or sewer facilities or extensions thereof during the period of time set forth in a recorded latecomer agreement without first paying to the city, in addition to any and all other costs and charges assessed for such hook-up or use or for the water lines or sewers constructed in connection therewith, the amount required by the latecomer agreement. Whenever any hook-up or connection is made into a water and/or sewer facility subject to a latecomer agreement, without such payment having first been made, the city may remove, or cause to be removed, such unauthorized hook-up or connection and all connecting tile or pipe located in the facility right-of-way and dispose of unauthorized material so removed without any liability whatsoever. (Ord. 1482 § 3, 2010)
13.18.050 Fees – Application.
A proposed latecomer agreement, including a description of the methodology and the pro-rata share for each property, shall be submitted to the city, accompanied by:
(1) A nonrefundable application fee equal to five percent of the amount proposed for collection under the latecomer agreement;
(2) Paper and digital copies of as-built plans stamped by a Washington State licensed engineer or land surveyor;
(3) Bill(s) of sale;
(4) Itemized and quantified list of costs of construction, prepared, stamped and signed by a Washington State licensed engineer or Washington State licensed contractor who performed the construction;
(5) An 18-inch by 24-inch scaled drawing stamped by either a Washington State licensed engineer or land surveyor showing the water and/or sewer facility size, location and the proposed areas potentially encumbered for this latecomer agreement, including dimensions, tax parcel numbers, sizes of parcels, useful elevations as needed by the city for determining benefit, all existing utility services and appurtenances. The map must also include the method proposed to be used by the owner to determine the assessment; i.e., frontage or square footage;
(6) An eight-and-one-half-inch by 11-inch vicinity map showing tax lot numbers and dollar amounts assessed on each lot. (Ord. 1482 § 3, 2010)
13.18.060 Deadline for submittal of application.
Applications for latecomer agreements shall be submitted to the city for approval after the city notifies the owner that the water and/or sewer facilities constructed are acceptable to the city for city operation and maintenance. For residential subdivisions, the application shall be submitted prior to final plat approval. For other types of developments not requiring a final plat approval, the application shall be submitted within 90 days after the city notifies the owner that the utilities are acceptable. Failure by the owner to submit a complete application prior to this deadline constitutes a waiver of the ability to request execution of a latecomer agreement with the city. (Ord. 1482 § 3, 2010)
13.18.070 Administrative fees and recording costs.
In addition to the fair pro rata charge imposed by the latecomer agreement, the city shall charge a fee of 10 percent of the amount collected from an owner under the latecomer agreement to cover the city’s administrative costs of collecting and dispersing reimbursed amounts. Collected latecomer agreement fees disbursed to the contracting party shall be less the 10 percent charge. The owner of the real estate with whom the latecomer agreement is executed shall pay all costs of recording the latecomer agreement with the Grays Harbor County auditor’s office, as required by law. (Ord. 1482 § 3, 2010)
13.18.080 Assessment method.
Proposed latecomer agreements shall normally use either the front-foot or square footage method but may propose the use of any method of assessment permitted by law. The director shall have the final discretion to determine the method to be used. At the discretion of the director, the city may allow a proportionate payment if only a portion of a property is developed, with the balance to be paid when the rest of the property is developed. (Ord. 1482 § 3, 2010)
13.18.090 Cost of construction to be examined by director.
The cost of construction of the water and/or sewer facilities shall be examined by the director, prior to the city council meeting on the latecomer agreement. The director shall provide a recommendation to the council to verify the examination of the cost of construction. (Ord. 1482 § 3, 2010)
13.18.100 Approval and acceptance of water and/or sewer facilities by city.
All water and/or sewer facilities proposed to be accepted for city ownership and maintenance (and later subject to a latecomer agreement) must be located on city-owned property or the necessary easements must be dedicated to the city prior to dedication such that the city may operate, maintain, demolish, reconstruct, improve or expand the water and/or sewer facilities in the future. (Ord. 1482 § 3, 2010)
13.18.110 City council approval and notice.
The city council shall have approval authority over latecomer agreements. Approval shall only be given after a public hearing held by the council or the hearing examiner on the agreement. Proper notice shall be met if the hearing is published in an official city newspaper with due notice sent to the affected property owners 10 days prior to the hearing. (Ord. 1482 § 3, 2010)
13.18.120 No requirement for execution of latecomer agreement.
Nothing in this chapter shall be construed as requiring the city to enter into such latecomer agreement. Nothing in this chapter requires the city to enter into a latecomer agreement on or after the time lines specified in WMC 13.18.060. (Ord. 1482 § 3, 2010)