12.45.040 Utility service agreement.
Every applicant requiring extension of utilities or hook-up to existing facilities outside the city limits for water service and/or outside the urban growth area for sewer service, except for municipal corporations or quasi-municipal corporations, such as water, sewer or fire districts, must agree to sign a voluntary 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 Snohomish 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) Annexation. Property owners requesting extension of city sewer and water outside the unincorporated urban growth area shall agree to sign a no protest agreement in which the property owner agrees to sign any petition that is circulated in the future to annex their property if at a future point the urban growth area is revised to include the subject property.
(4) 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 consistent with Chapter 14.14 SMC, Street and Utility 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 consistent with Chapter 3.30 SMC, Fee Schedule.
(5) Plant Investment Charges. The owner shall be responsible for the payment of plant investment charges as defined by Chapter 12.40 SMC, as the equitable share of the costs of serving the property.
(6) 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.
(7) 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.
(8) Connection Charges. The owner shall be responsible for the payment of the connection charges set by the city in Chapters 12.04 and 12.16 SMC (as these chapters 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.
(9) Special Assessment District. If, at the time of execution of the agreement, the city has formed a special assessment district to pay for capital project(s) related to service of the property, the owner shall agree to participate in the district and to waive his/her right to protest the assessment.
(10) Waiver of Right to Protest Local Improvement Districts. 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 a local improvement district (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.
(11) Conformance to Standards.
(a) Development of property shall conform to the City of Stanwood Land Use Comprehensive Plan, comprehensive water system plan, comprehensive sewer system system plan, stormwater comprehensive plan, street and utility standards (Chapter 14.14 SMC) and this title, as they now read or are hereafter amended.
(b) The establishment, maintenance and/or conducting of the uses for which the utility agreement is sought will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to the environment.
(12) Interlocal Agreements. If, at the time of execution of the agreement, the city and the county have approved any interlocal agreements governing the development of the Stanwood urban growth area, the development shall also be subject to the terms of the agreement(s) in place.
(13) 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. (Ord. 1411 § 1 (Exh. 1), 2016; Ord. 1356 §§ 7, 8, 2013; Ord. 1275 § 1, 2010; Ord. 1169 § 1, 2005; Ord. 1140 § 1, 2003; Ord. 1122 § 1, 2002).