1513 AMH HALE OSBO 016

HB 1513 - H AMD 25

By Representative Haler

WITHDRAWN 3/03/2009

    Strike everything after the enacting clause and insert the following:

    "Sec. 1. RCW 35.91.020 and 2006 c 88 s 2 are each amended to read as follows:

    (1)(a) Except as provided under subsection (2) of this section, the governing body of any city, town, county, water-sewer district, or drainage district, hereinafter referred to as a "municipality" may contract with owners of real estate for the construction of storm, sanitary, or combination sewers, pumping stations, and disposal plants, water mains, hydrants, reservoirs, or appurtenances, hereinafter called "water or sewer facilities," within their boundaries or (except for counties) within ten miles from their corporate limits connecting with the public water or sewerage system to serve the area in which the real estate of such owners is located, and to provide for a period of not to exceed fifteen years for the reimbursement of such owners and their assigns by any owner of real estate who did not contribute to the original cost of such water or sewer facilities and who subsequently tap onto or use the same of a fair pro rata share of the cost of the construction of said water or sewer facilities, including not only those directly connected thereto, but also users connected to laterals or branches connecting thereto, subject to such reasonable rules and regulations as the governing body of such municipality may provide or contract, and notwithstanding the provisions of any other law.

(b) As an alternative to financing projects under this chapter solely by owners of real estate, a municipality may join in the financing of improvement projects for water or sewer facilities and may be reimbursed in the same manner as the owners of real estate who participate in the projects, if the municipality has specified the conditions of its participation in an ordinance. As another alternative, a municipality may create an assessment reimbursement area on its own initiative, without the participation of a private property owner, finance the costs of the water or sewer facilities, and become the sole beneficiary of the reimbursements that are contributed.

    (2)(a) The contract may provide for an extension of the fifteen‑year reimbursement period for a time not to exceed the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents making applications for, or the approval of, any new development within the benefit area for a period of six months or more.

    (b) Upon the extension of the reimbursement period pursuant to (a) of this subsection, the contract must specify the duration of the contract extension and must be filed and recorded with the county auditor.  Property owners who are subject to the reimbursement obligations under subsection (1) of this section shall be notified by the contracting municipality of the extension filed under this subsection.

    (3) Each contract shall include a provision requiring that every two years from the date the contract is executed a property owner entitled to reimbursement under this section provide the contracting municipality with information regarding the current contract name, address, and telephone number of the person, company, or partnership that originally entered into the contract.  If the property owner fails to comply with the notification requirements of this subsection within sixty days of the specified time, then the contracting municipality may collect any reimbursement funds owed to the property owner under the contract.  Such funds must be deposited in the capital fund of the municipality.

    (4) To the extent it may require in the performance of such contract, such municipality may install said water or sewer facilities in and along the county streets in the area to be served as hereinabove provided, subject to such reasonable requirements as to the manner of occupancy of such streets as the county may by resolution provide.  The provisions of such contract shall not be effective as to any owner of real estate not a party thereto unless such contract has been recorded in the office of the county auditor of the county in which the real estate of such owner is located prior to the time such owner taps into or connects to said water or sewer facilities."

EFFECT: (1) Deletes the amendatory sections of the bill authorizing municipalities to participate in the financing of water or sewer facilities development projects and obtaining subsequent reimbursement from property owners benefitting from such development. (2) Replaces the deleted sections with a new amendatory section creating alternative methods for municipalities to finance improvement projects for water or sewer facilities and to later seek reimbursement.  

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