(1) Except as otherwise provided in subsection (2)
of this section, the contract shall also provide, subject to the
terms and conditions in this section, for the reimbursement to
the owner or the owner's assigns for a period not to exceed
fifteen years of a portion of the costs of the facilities
constructed pursuant to such contract from connection charges
received by the district from other property owners who
subsequently connect to or use the facilities within the period
of time that the contract is effective and who did not contribute
to the original cost of such facilities.
(2)(a) The contract may provide for an extension of the
fifteen-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 for a
period of six months or more within the benefit area of the
system extensions authorized under this chapter.
(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 water-sewer district 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
water-sewer district 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 water-sewer district may collect any
reimbursement funds owed to the property owner under the
contract. Such funds must be deposited in the capital fund of
the water-sewer district.
[2006 c 88 § 3; 1996 c 230 § 802; 1989 c 389 § 12.]
NOTES:
Part headings not law -- Effective date -- 1996 c 230: See notes following RCW 57.02.001.