Pursuant to the authority conferred in the Municipal Water and Sewer Facilities Act, Chapter 35.91 RCW, this chapter is enacted to encourage the public and private construction of municipal water and sewer systems by providing means for the recovery of the costs of installation through a charge to later users of the systems who did not contribute to the capital costs thereof.
(Ord. 1052 NS § 1, 1992; Ord. 1241 NS § 1, 2001)
As used in this chapter, the terms listed below shall be defined as follows:
"Cost of construction"
means those costs incurred for design, acquisition of right-of-way and/or easement, construction, materials and installation required in order to create an improvement which complies with city standards.
"Director"
means the city director of public works engineer or his/her designated representative.
"Latecomer agreement"
means a written contract between the city and one or more property owners providing for construction of water or sewer facilities and for partial reimbursement to the party causing such improvements by owners of property benefitted by the improvements, as more specifically described in this chapter.
"Water or sewer facilities"
means storm, sanitary or combination sewers, pumping stations and disposal plants, water mains, hydrants, reservoirs and appurtenances, or as hereafter amended.
(Ord. 1052 NS § 2, 1992)
The city council may authorize a contract between the city of Colville and any property owner who uses public or private funds for the construction of domestic water or sewer facilities within the city connecting with the public system to serve the area in which the real estate of such owner is located, and to provide for a period of not to exceed 15 years for the reimbursement of such owners and their assigns by any subsequent user who did not contribute to the original cost of such facilities to recover a fair pro rata share of the cost of the construction of said water or sewer facilities, together with interest on such paid pro rata share if authorized by the city council, subject to such reasonable rules and regulations as the city council may provide or contract.
(Ord. 1052 NS § 3, 1992; Ord. 1241 NS § 3, 2001)
A. 
All applications for latecomer agreements shall be on forms approved and established by the director and shall be accompanied by a nonrefundable application fee of $50.00 to cover the city's expenses in processing the application. The city may charge an additional $15.00 per hour for staff work in excess of five hours spent on reviewing the project, up to a maximum of $500.00. The fee shall be paid prior to council action. The applicant shall pay any subsequent recording fees.
B. 
An application for a latecomer agreement shall be accompanied by:
1. 
Preliminary utility design drawings;
2. 
Itemized estimate of construction costs prepared and signed by a registered professional engineer in the state or in the form of a bid submitted by a licensed contractor in the state (if more than one bid has been obtained, all bids must be submitted to the city);
3. 
Such other information as the director determines is necessary to properly review the application.
C. 
The director shall review all applications and shall accept the application only if the following requirements are met:
1. 
The proposed improvements fall within the description of "water or sewer facilities" as those terms are described in this title and Chapter 35.91 RCW;
2. 
The city has the capability and capacity to service the water or sewer facilities connection;
3. 
The application meets the criterion for authorization of latecomer fees as defined in this chapter.
(Ord. 1052 NS § 4, 1992)
Prior to approval of such a contract, the city council shall hold a public meeting to consider the matter.
A. 
Owners of properties to be affected shall be given notice of such public meetings at least 10 days in advance of the public meeting.
B. 
The owner of the real estate contracting with the city shall make and mail the notice specified and shall submit an affidavit of mailing to the city to assure notice is complete.
C. 
Notice shall be by mail to property owners as listed in the records of the county assessor. Notice by mail shall be presumed complete three days after mailing. In addition, notice shall be posted in the area to be affected and at the City Hall and Stevens County Courthouse.
(Ord. 1052 NS § 5, 1992)
A contract shall not be entered into by the city until it is found that the following is true with respect to the proposed improvements:
A. 
That the requirements of the development, when and if completed, appear to be within the present and immediate foreseeable capabilities of the sewage treatment plant and/or the water resources and capability of the water department and/or present water and sewer mains as the case may be;
B. 
That all water or sewer facilities to be accepted must be located on city-owned property or the city must have easements therefor adequate to allow the city to operate, maintain, demolish, reconstruct, improve or expand the water or sewer facilities;
C. 
That the facility can be constructed in accordance with city standards and specifications and subject to city inspection.
(Ord. 1052 NS § 6, 1992)
A determination of the amount of reimbursement for facility improvements shall be determined by the mayor or his/her designee based on the following:
A. 
Latecomer fees may be charged on the basis of acreage, by the lot, meter size, fire hydrant requirements, expected usage, or a combination of any of the foregoing, whichever is deemed most appropriate in order to provide for a fair pro rata share of the cost of the water or sewer facilities construction by any owner of real estate who did not contribute to the original cost of the construction, including not only those directly connected thereto, but also users connected to laterals or branches connecting thereto.
B. 
Latecomer fees shall be in addition to any and all connection fees, charges, assessments, levies or deposits required by the city.
(Ord. 1052 NS § 7, 1992)
A. 
Length of Reimbursement Provision. No latecomer agreement shall provide for reimbursement for a period of longer than 15 years from the date of final acceptance of the improvement by the city.
B. 
Interest on Latecomer Charge.
1. 
The latecomer agreement will provide that the beneficiary will receive interest.
2. 
If a latecomer pays the charge within 30 days from the date of execution of the agreement, no interest is payable. Otherwise, interest is payable from the date of execution of the agreement to the date of payment of the latecomer charge.
3. 
The rate of interest will be at a rate equal to the city's cost of borrowing for warrant float at the time the facilities are complete.
4. 
Interest is calculated on the basis of a 365-day year and is not compounded.
5. 
Total interest payable may not exceed the principal amount of the latecomer charge.
C. 
Administration Fee. Upon receipt of any reimbursement fees, the city shall deduct a six percent, but not less than $20.00, administrative fee for the administration costs of said contracts and remit the balance of the reimbursement fees to the party entitled to the fees pursuant to the agreement.
D. 
Plans and Easements. A copy of the engineering as-built plans, specification and drawings, including all necessary right-of-way and easement documents, shall be provided to the city prior to acceptance of the water or sewer facilities.
E. 
Defective Work. Provision for defective work shall be provided in the agreement for no less than one year after city approval and acceptance of the owner's water or sewer facilities.
F. 
Maintenance Guarantee Bond. The owner shall provide a maintenance guarantee bond in the amount of 10 percent of the value of the water or sewer facilities construction for a period of one year from the date of final approval and acceptance of the water or sewer facilities.
G. 
Each agreement shall specify the method used to determine latecomer fees.
H. 
Approval and Acceptance of Agreement. The mayor or his/her designee shall present the application for water/sewer facilities and a contract drawn up in accordance with the provisions of this chapter to the city council with a request that the council authorize the mayor to sign the latecomer agreement on behalf of the city.
(Ord. 1052 NS § 8, 1992)
Latecomer agreements must be recorded in the county auditor's office within 30 days of the final execution of the agreement. It shall be the sole responsibility of the latecomer applicant to verify the agreement has been recorded.
(Ord. 1052 NS § 9, 1992)
A. 
Upon the completion of water or sewer facilities pursuant to the agreement, the city council shall be authorized to approve their construction in accordance with city standards and specifications and, upon inspection, accept the same facilities of the city and to charge for their use such water and sewer rates as the city may be authorized by law to establish (and if any such water or sewer facilities are so approved and accepted, all further maintenance and operation costs of said water and sewer lines and facilities shall be borne by the city).
B. 
An appropriate bill of sale, easement and any other document needed by the city to convey the improvements to the city and to insure right of access for maintenance and replacement shall be provided, along with documentation of the actual costs of the improvement and a certification by the applicant that all such costs have been paid.
(Ord. 1052 NS § 10, 1992)
A. 
The city treasurer shall be the responsible city official for the collection and disbursement of latecomer fees.
B. 
All latecomer fees collected shall be disbursed under the terms and conditions of each contract. The city will not mediate payment disputes between parties or be a guarantor for interest collection.
(Ord. 1052 NS § 11, 1992)
Subsequent to the recording of a latecomer agreement, the city shall not permit connection of any property within the reimbursement area to any sewer or water facility constructed pursuant to the agreement, unless the share of the costs of such facilities required by the recorded agreement are first paid to the city.
(Ord. 1052 NS § 12, 1992)