13.34.040 Utility extension agreement.
A. Every applicant for water and/or sewer service outside the city limits, including, but not limited to, municipal corporations or quasi-municipal corporations such as water, sewer or fire districts, must agree to sign an agreement with the city, which conditions the provision of the service on the following terms:
1. Agreement to Run with the Property. The agreement shall be recorded against the property in the Pierce County auditor’s office, and shall constitute a covenant running with the land. All covenants and provisions of the agreement shall be binding on the owner and all other persons subsequently acquiring any right, title or interest in or to said property.
2. Warranty of Title. The agreement shall be executed by the owner of the property, who shall also warrant that he/she is authorized to enter into such agreement.
3. Costs of Design, Engineering and Construction of Extension. The owner shall agree to pay all costs of design, engineering and construction of the extension, which shall be accomplished to city standards and conform to plans approved by the city public works director. Costs of plan review and construction inspection shall also be paid by the owner.
4. Capacity Commitment Payments. The owner shall agree to pay for the city’s reservation of sewer and/or water capacity, which is calculated as a percentage of the connection fee for the sewer and/or water service. Such payments shall be made under the payment schedule determined by the city.
5. Easements and Permits. The owner shall secure and obtain, at the owner’s sole cost and expense, all permits, easements and licenses necessary to construct the extension.
6. Dedication of Capital Facilities. The owner shall agree to dedicate all capital facilities constructed as part of the water and sewer extension (such as water or sewer main lines, pump stations, wells, etc.), at no cost to the city, upon the completion of construction, approval and acceptance by the city.
7. General Facilities Charges. The owner shall agree to pay the general facilities charges set by the city in GHMC 13.04.080(C) and/or 13.32.060 (as these sections now exist or may hereafter be amended), as a condition of connecting to the city water and/or sewer system. Such connection charges shall be calculated at the rate schedules applicable at the time of actual connection.
8. Agreement Not to Protest Annexation. The owner shall provide the city with an irrevocable power of attorney to allow a city representative to sign a petition for annexation on behalf of the property owner or the property owner shall agree to sign a petition(s) for annexation of his/her property when requested to do so by the city.
9. Waiver of Right to Protest LID. If, at the time of execution of the agreement, the city has plans to construct certain improvements that would specially benefit the owner’s property, the agreement shall specifically describe the improvement. The owner shall agree to sign a petition for the formation of an LID or ULID for the specified improvements at the time one is circulated, and to waive his/her right to protest formation of any such LID or ULID.
10. Development of Property to Conform to Applicable City Public Works Standards and Utility Regulations. The owner shall agree to comply with all of the requirements of the city’s public works standards relating to water and/or sewer and utility regulations when developing or redeveloping the property subject to the agreement. The property owner shall be required to apply for and obtain a water and/or sewer concurrency certificate prior to making application for a utility extension agreement.
11. Termination for Noncompliance. In addition to all other remedies available to the city for the owner’s noncompliance with the terms of the agreement, the city shall have the ability to disconnect the utility, and for that purpose may at any time enter upon the property.
B. Review and Approval of Application. The city council shall review the application and may, in its sole discretion, allow the extension or expansion of sewer service, if the council finds that:
1. The application conforms to all elements of this section, and the applicant has signed a utility extension agreement conforming to subsection A of this section; and
2. The city’s wastewater treatment plant and NPDES permit will not be affected by the extension or expansion; and
3. The extension or expansion must be consistent with the goals of the city’s sewer comprehensive plan and other applicable law, including, but not limited to, the State Environmental Policy Act (SEPA).
C. Conditions. The council’s approval of any extension or expansion under this section may be conditioned. Such conditions may include, but are not limited to:
1. Restrictions may be placed on the hours that the city will accept sewage flow from the property;
2. Restrictions may be placed on the amount of sewage flow or water provided to the applicant;
3. The property owner shall have the responsibility to maintain and operate his/her/its own facilities. (Ord. 1235 § 3, 2012).