A. The water and/or sewer facility to be constructed by the developer must be consistent with the city’s latest adopted version of the comprehensive plan. The water and/or sewer facility to be constructed by the developer must be within the city or within 10 miles from the city corporate limits, connecting with the city public water or city sewerage system to serve the area in which the real estate owned by the latecomers is located.

B. The latecomer agreement must provide for a period of not to exceed 15 years for the reimbursement of the developer and his/her assigns by the latecomer who did not contribute to the actual cost of such water and/or sewer facilities and who subsequently taps into or uses the same.

C. The latecomer agreement must require that the latecomer pay his or her fair pro rata share of the cost of the construction of the water and/or sewer facilities, including not only those directly connected thereto, but also users connected to laterals or branches connecting thereto.

D. The latecomer agreement shall be effective as to any owner of real estate not a party unless such latecomer agreement has not been recorded in the office of the Pierce County auditor prior to the time that the latecomer taps into or connects to said water and/or sewer facilities. (Ord. 942 § 1, 2003).