834 ARC Water System ImprovementsCITY OF YELM, WASHINGTON
ORDINANCE NO. 834
AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter
into an Assessment Reimbursement Contract (latecomer agreement) relating to
water system improvements in NP Road, and a portion of Wilkensen Road.
WHEREAS, Mountain Sunrise LLC has constructed at their own cost and
expense certain municipal water system improvements (hereinafter called
"facilities") in NP Road, and a portion of Wilkensen Road; and
WHEREAS, those improvements are described in a proposed latecomer
agreement and particularly in Exhibit B attached to the agreement; and each are
within the benefit area described in Exhibit B to each agreement' and
WHEREAS, those facilities have been constructed to meet all standards of the
City of Yelm as determined by the Director of the Public Works Department
("Director"); and
WHEREAS, the parties desire to enter into a latecomer agreement for those
facilities pursuant to the authority granted by Chapter 35.91 RCW and Chapter
13.12 of the Yelm Municipal Code (YMC) whereby provisions are made for the
reimbursement of the owners and their assigns by any owners of real estate who
did not contribute to the original cost of such facilities and who subsequently tap
into or use the same, of a fair pro rata share of the cost of construction of such
facilities including an interest factor as provided therein; and
WHEREAS, the Director has determined that the facilities and proposed
latecomer agreement each meet all applicable requirements and standards of the
City of Ylem including but not limited to the requirements of such contracts in
Chapter 13.12 YMC; and
WHEREAS, pursuant to Chapter 13.12 YMC the Director has recommended that
the Yelm City Council approve the proposed latecomer agreement, a copy of
which is attached to this ordinance; and
WHEREAS, pursuant to a hearing held before the Yelm City Council on August
10, 2005, as required by Chapter 13.12 YMC, the Council finds that the attached
proposed latecomer agreement would be a benefit to the City of Yelm and its
citizens, and complies with the requirements of Chapter 13.12 YMC;
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NOW, THEREFORE, the City Council of the City of Yelm HEREBY ORDAINS
AS FOLLOWS:
1. The City Council approves and authorizes the Mayor to enter into the
latecomer agreement entitled Mountain Sunrise Latecomer Agreement
Water, attached to this ordinance, and DIRECTS that the agreement be
filed for record with the Thurston County Auditor as required by Section
13.12.040 YMC within thirty (30) days following its execution.
2. Effective Date. This ordinance shall take effect five days after its
publication as provided by law.
PASSED ~ the~ty Council of Yelm this 10th day of August 2005.
Mayor
AUTHENTICATED:
`l
~lG~Q
A s Bennick, City Clerk.
PUBLISHED: Nisqually Valley News, July 29, 2005
EFFECTIVE DATE: August 24, 2005
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