BP BHEAD INT S

AN ACT Relating to reimbursement contracts with local governments; and amending RCW 35.91.020, 56.22.040, and 57.22.040.

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

Sec. 1. RCW 35.91.020 and 1981 c 313 s 11 are each amended to read as follows:

The governing body of any city, town, county, sewer district, water 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. 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 notice of the contract is given by mail at least fifteen days before the contract is entered into to the owners or reputed owners of all lots, tracts, or parcels of land or other property over which, or within one hundred feet of which, the water or sewer facilities will pass, as shown on the rolls of the county treasurer, directed to the address thereon shown, and 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. ((The power of the governing body of such municipality to so contract also applies to water or sewer facilities in process of construction on June 10, 1959, or which have not been finally approved or accepted for full maintenance and operation by such municipality upon June 10, 1959.)) If any property owner requests a hearing in writing within fourteen days of the mailing of the notice, a hearing shall be held before the legislative body, notice of which shall be given to all affected property owners. The legislative body's ruling is determinative and final.

Sec. 2. RCW 56.22.040 and 1989 c 389 s 7 are each amended to read as follows:

The procedures for reimbursement contracts shall be governed by the following:

(1) A reimbursement area shall be formulated by the board of commissioners within a reasonable time after the acceptance of the extension. The reimbursement shall be based upon a determination by the board of commissioners of which parcels would require similar sewer improvements upon development.

(2) The contract shall not be effective as to any owner of real estate not a party thereto unless notice of the contract is given by mail at least fifteen days before the contract is entered into to the owners or reputed owners of all lots, tracts, or parcels of land or other property over which, or within one hundred feet of which, the sewer improvements will pass, as shown on the rolls of the county treasurer, directed to the address thereon shown. If any property owner requests a hearing in writing within fourteen days of the mailing of the notice, a hearing shall be held before the legislative body, notice of which shall be given to all affected property owners. The legislative body's ruling is determinative and final. The contract must be recorded in the appropriate county auditor's office after the final execution of the agreement.

Sec. 3. RCW 57.22.040 and 1989 c 389 s 14 are each amended to read as follows:

The procedures for reimbursement contracts shall be governed by the following:

(2) The contract shall not be effective as to any owner of real estate not a party thereto unless notice of the contract is given by mail at least fifteen days before the contract is entered into to the owners or reputed owners of all lots, tracts, or parcels of land or other property over which, or within one hundred feet of which, the water improvements will pass, as shown on the rolls of the county treasurer, directed to the address thereon shown. If any property owner requests a hearing in writing within fourteen days of the mailing of the notice, a hearing shall be held before the legislative body, notice of which shall be given to all affected property owners. The legislative body's ruling is determinative and final. The contract must be recorded in the appropriate county auditor's office after the final execution of the agreement.