Chapter 13.35
LATECOMER AGREEMENTS
Sections:
13.35.010 Latecomer agreements.
13.35.020 Connection costs – Duty of Town to reimburse owner.
13.35.010 Latecomer agreements.
If any property within the area of the Comprehensive Water Plan of the Town, attached to the ordinance codified in this chapter and by this reference made a part hereof, is connected to a project within a period of fifteen (15) years from the effective date of an agreement entered into between the owners and the Town, the owners of such property, prior to making such connection, shall pay to the Town a pro rata share of the costs of the connection to the system, without adjustment for inflation or accrual of interest. Within sixty (60) days after receipt, the Town shall reimburse such payments to the owner, its assigns, or successors in interest. [Ord. 2006.15 § 1, 2006].
13.35.020 Connection costs – Duty of Town to reimburse owner.
The costs of the connection shall be the total of the costs listed on the warranty bill of sale for the connection. Prior to submission of the warranty bill of sale, the owner shall provide to the Town a summary of the costs of the connection, together with copies of invoices and documents verifying such costs. The amount of reimbursement for any connection shall be computed as follows:
The duty of the Town to reimburse the owner for sums paid by the owners of such property shall be conditioned upon the owner’s or its assigns and successors in interest, notifying the Town of any changes in name and address of the owner or its assigns and successors in interest. [Ord. 2006.15 § 2, 2006].
13.35.030 Instructions.
The procedures to be followed for latecomer agreements for utility system improvements shall be as follows:
A. Town will formulate an assessment reimbursement area (benefitted area) based upon a determination of which parcels did not contribute to the original cost of such utility system improvement and who may subsequently tap onto, drain to, or use the same, including users connected to laterals or branches connecting thereto.
B. The preliminary determination of area boundaries and assessments, along with a description of the property owners’ rights and options, shall be forwarded by registered mail to the property owners of record as shown on the records of the Pierce County Assessor within the proposed assessment area. If any property owner requests a hearing in writing within twenty (20) days of the mailing of the preliminary determination, a hearing shall be held before the Town Council, notice of which shall be given to all affected property owners at least ten (10) days in advance of the Council meeting. The Town Council’s ruling is determinative and final.
C. The latecomer agreements must be recorded in the Pierce County Auditor’s office within thirty (30) days of the final execution of the agreement. It shall be the sole responsibility of the latecomer applicant to record said agreement.
D. Once recorded, the latecomer agreement shall be binding on owners of record within the assessment area who are not party to the agreement.
E. All notice requirements set forth herein shall be the sole responsibility of the applicant for latecomer agreement and shall be satisfied by a notarized affidavit that the applicant has mailed the notices pursuant to the requirements set forth herein.
F. If the developer is a corporation, agreements must be executed by its duly authorized representative and the developer hereby warrants the same.
G. If the developer is a partnership, at least one (1) of the general partners must sign the agreement and indicate his/her capacity as such.
H. If the developer is a joint venture, each joint venturer shall sign. One (1) may sign on behalf of the others pursuant to a power of attorney. [Ord. 2006.15 § 3, 2006].