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A. General. The utility may enter into any contracts authorized under Chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act, including contracts which provide for the reimbursement of property owners constructing public drainage facilities, commonly known as latecomer agreements.

B. Requesting a Latecomer Agreement. A property owner may request a latecomer agreement if said owner constructs a public drainage facility that benefits property in addition to the property owner’s property and it is not feasible for the property owner to include such other property owners in the utility developer extension agreement. The request shall be made in writing by the property owner and unit costs shall be provided before the utility accepts the public drainage facility.

C. Zone of Benefit. The utility shall determine what properties benefit from the public drainage facility and which properties shall be subject to the latecomer agreement.

D. Method of Cost Allocation. The utility shall determine the method of cost allocation used.

E. Recording. The utility shall record the latecomer agreement with the King County Recorder’s Office against the benefitting properties at the property owner’s expense.

F. Cost to Latecomer. As a condition of connection to the public drainage facility, each latecomer shall pay, at the time of connection, his/her pro rata share of the construction costs of the public drainage facility, which are determined by the utility and specified in the latecomer agreement. Construction costs shall include but are not limited to design, installation, inspection, construction management, interest and the utility’s project management costs.

G. Agreement Duration. Latecomer agreements may be in effect for 20 years, or for a longer period if extended in accordance with RCW 35.91.020, following the utility’s acceptance of the drainage facility.

H. Forwarding Latecomer Payment. While the latecomer agreement is in effect, the utility will collect the latecomer payments and forward them to the property owner who paid for the drainage facility, as specified in the agreement. (Ord. 6321 § 22, 2016; Ord. 5905 § 1, 2009.)