|Passed by the House April 21, 2009|
Speaker of the House of Representatives
Passed by the Senate April 17, 2009
President of the Senate
I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2146 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Governor of the State of Washington
Secretary of State
State of Washington
|State of Washington||61st Legislature||2009 Regular Session|
Read first time 02/11/09. Referred to Committee on Local Government & Housing.
AN ACT Relating to contract requirements for water or sewer facilities; and amending RCW 35.91.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 35.91.020 and 2006 c 88 s 2 are each amended to read
(1) 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)) twenty 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
(2)(a) The contract may provide for an extension of the ((
twenty-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.