BILL REQ. #:  H-4596.3 

Read first time 01/22/08.   Referred to Committee on Local Government.

     AN ACT Relating to the extension of city and town utility services; and amending RCW 35.67.310 and 35.92.200.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 35.67.310 and 1965 c 7 s 35.67.310 are each amended to read as follows:
     (1)(a) Every city or town may permit connections with any of its sewers, either directly or indirectly, from property beyond its limits((, upon such)). In order to do so, the city or town must adopt an ordinance describing the terms((,)) and conditions ((and payments as may be prescribed by ordinance, which may be required by the city or town)) to be ((evidenced by a written agreement)) included in the contract between the city or town and the property owner ((of the property to be served by the connecting sewer)) requesting such service.
     (b) The ordinance required under (a) of this subsection must sufficiently describe the contractual provisions so as to provide reasonable notice to property owners of the terms and conditions under which the city or town will contract for the connection of sewer services beyond its limits.
     (c) A city or town extending sewer services to a property within its urban growth area but outside its geographical limits may include as a condition of such contract, a requirement that the property owner develop the property receiving service consistent with the city's development regulations, building code, and comprehensive plan.
     (2) As authorized under this section, the extension of a sewer system beyond the limits of a city or town must be consistent with growth management act requirements under chapter 36.70A RCW and other statutory requirements relating to sewer system development and operation. Such extensions may be subject to review by a boundary review board in accordance with chapter 36.93 RCW.
     (3) A sewer system connection contract is a "development agreement" under RCW 36.70B.170 and may only be adopted by ordinance or resolution after a public hearing as required under RCW 36.70B.200.
     (4) A sewer connection contract must be recorded against the property as required by RCW 36.70B.190.
     (5) If ((any such agreement)) a sewer connection contract is made and filed with the county auditor of the county in which said property is located, it shall constitute a covenant running with the land and the agreements and covenants therein shall be binding on the owner and all persons subsequently acquiring any right, title, or interest in or to said property.
     (6) If the terms and conditions of the ordinance or of the ((agreement)) contract are not kept and performed, or the payments made, as required, the city or town may disconnect the sewer and for that purpose may at any time enter upon any public street or road or upon said property.

Sec. 2   RCW 35.92.200 and 1965 c 7 s 35.92.200 are each amended to read as follows:
     (1)(a) A city or town may enter into a firm contract with any outside municipality, community, corporation, or person, for furnishing them with water without regard to whether said water shall be considered as surplus or not and regardless of the source from which such water is obtained((, which contract may fix the terms upon which the outside distribution systems will be installed and the rates at which and the manner in which payment shall be made for the water supplied or for the service rendered)). In order to do so, the city or town shall adopt an ordinance describing the conditions under which the city or town will provide such water service.
     (b) An ordinance enacted by a city or town authorizing the issuance of contracts for the provision of water services under (a) of this subsection must sufficiently describe the contractual provisions so as to provide reasonable notice of the terms and conditions under which the city or town will contract for the provision of water services beyond its limits.
     (c) A city or town extending water services to a property within its urban growth area but outside its geographical limits may include as a condition of such contract a requirement that the property owner develop the property receiving service consistent with the city's development regulations, building code, and comprehensive plan.
     (2) As authorized under this section, the extension of water facilities beyond the limits of a city or town must be consistent with growth management act requirements under chapter 36.70A RCW and other statutory requirements relating to water system development and operation. Such extensions may be subject to review by a boundary review board in accordance with chapter 36.93 RCW.
     (3) A water system connection contract is a "development agreement" under RCW 36.70B.170 and may only be adopted by ordinance or resolution after a public hearing as required under RCW 36.70B.200.
     (4) A water system connection contract must be recorded against the property as required by RCW 36.70B.190.
     (5) If a water connection contract is made and filed with the county auditor of the county in which said property is located, it shall constitute a covenant running with the land and the agreements and covenants therein shall be binding on the owner and all persons subsequently acquiring any right, title, or interest in or to said property.
     (6) If the terms and conditions of the water services ordinance or contract are not kept and performed, or the payments made, as required, the city or town may disconnect the water system and for that purpose may at any time enter upon any public street or road or upon said property.