Latecomer’s Agreements, or Reimbursement Agreements, allow developers who have put in water and sewer facilities (Yakima doesn’t have a street latecomer’s agreement requirement) to recover a portion of their costs from those who connect with utilities through that developer’s improvements in the future.  Municipalities are required to enter into such agreements with developers upon request under RCW 35.91 if the City requires that facilities be constructed to allow for further development (the “to and through” concept).  The City is not required to enter into its own ordinance for such agreements, but if it wants to regulate the agreements beyond RCW 35.91, it must enact a local ordinance with reasonable rules and regulations.  The state statute does not include any application procedures or internal processes for taking applications for reimbursement agreements, who will review such agreements, what is required to apply for such an agreement, or other process-oriented information.  The local ordinance enhances the state statute and outlines for developers the rules that must be followed in the City to apply for and obtain a reimbursement contract.

Staff presented the proposed ordinance to the Economic Development Committee on August 25^th.  Committee members asked if other eastern Washington municipalities have ordinances regarding latecomer’s agreements.  Eastern Washington cities who currently have latecomer’s agreements includes: Chelan; Chelan County; Colville; Goldendale; Grandview; Kittitas; Leavenworth; Mattawa; Othello; Richland; Soap Lake; Sunnyside; West Richland; and, Winthrop.