825 ARC Sewer Improvements on Mountain View RoadCITY OF YELM, WASHINGTON
ORDINANCE NO. 825
AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter
into an Assessment Reimbursement Contract (latecomer agreement) relating to
S.T.E.P sewer system improvements in a portion of Mountain View Road.
WHEREAS, Project Fore has constructed at their own cost and expense certain
municipal sewer system improvements (hereinafter called "facilities") in a portion
of Mountain View Road; and
WHEREAS, those improvements are described in a proposed latecomer
agreement and particularly in Exhibit A 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 Yelm 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 January
12, 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;
825 Buckhorn Estates Swr Latecomers.doc Page 1 of 1
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 Buckhorn Estates 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.
PASS~p b~/the City Council of Yelm this 9th day of February 2005.
Ad~fm vas, Mayor
AUTHENTICATED:
l
1 L ~J lit
Ag Bennick, City Clerk.
PUBLISHED: Nisqually Valley News, February 18, 2005
EFFECTIVE DATE: February 23, 2005
824 Buckhorn Estates Wtr Latecomers.doc Page 2 of 2
BUCKHORN ESTATES
LATECOMERS AGREEMENT
8945 MOUNTAIN VIEW RD SE
YELM, WA 98597
SEWER
THIS AGREEMENT is made the 7 f h day of ~c(J 1 20 ,between the City of Yelm , a
municipal corporation, hereinafter referred to as the "City" Project Fore, rts successors, and assigns,
hereinafter referred to as the "Developer".
WHEREAS, the Developer has constructed at its own cost and expense certain municipal SEWER and Other
system improvements (hereinafter referred to as "facilities")that are described in Exhibit A to this Agreement;
and within the benefit area described in said Exhibit A; and
WHEREAS, those facilities have been constructed in accordance with the standards of the City of Ye1m and
plans on file in the office of the Community Development Department for the City of Yehn; and
WHEREAS, the City and Developer desire to enter into a contract pursuant to the authority granted by Chapter
35.91 RCW and Chapter 13.12 YMC, whereby provisions are made for the reimbursement of the Developer
and its assigns by any owners of real estate who did not contribute to the original cost of such facilities and who
subsequently tap or use the same of a fair pro rata share of the cost of construction of such facilities; and
WHEREAS, the Developer has prepared the following exhibits which are attached to this Agreement or filed
with the Community Development Department and described in this Agreement:
Exhibit A, consisting of:
* A listing of eligible costs attributed to the facilities;
* The basis (formula) for distribution of that cost among all properties which benefit or may
benefit by said facilities.
* A listing of each property, including the Assessor's parcel number, ownership, description,
pertinent dimensions and other data used in the calculation of the fee; and
* The latecomer fee for that property.
Exhibit B, consisting of
* Map of benefit area.
WHEREAS, the Developer has offered and the City is willing to accept said facilities as part of the City's
SEWER system and, in return, collect from future users of said facilities their pro rata share of the cost of said
facilities to be reimbursed to the Developer, and
WHEREAS, the Yelm City Council has held a heazing and adopted an Ordinance as required by Section
13.12.020 and 030 YMC authorizing the Mayor of Yelm to execute this Agreement;
NOW, THEREFORE, the parties hereby agree as follows:
1. The City shall accept ownership of said facilities and the Developer shall execute any documents
necessary to place complete ownership of said facilities in the City. From the time of acceptance by the
City, the facilities shall belong to the City and the City shall be responsible for their maintenance and
operation and shall be entitled to all revenues derived from the use of said facilities.
2. For a period of fifteen (15) yeazs from the date of final City Council approval of the project, that date
being fC ~ o~ 0~~_, the City shall tolled from the owners of properties outlined on Exhibit A
and listed on xhibit A, prior to allowing the use of said properties of said facilities as shown on
Exhibit A, the fair pro rata shaze of the cost of the facilities together with interest as provided in
pazagraph 3 and shall pay said sums to the Developer after deducting ten percent (10%) of the
collected reimbursed amount as a fee for administering the terms of this Agreement: PROVIDED,
however, that if a court of competent jurisdiction determines that the City lacks the legal ability to
collect any portion of said costs or fees or interest thereon, the City shall have no independent liability
to the Owner for such sums. This Agreement, including Exhibits A and B, having been approved by
the Developer, and having been approved by Ordinance and signed by the Mayor pursuant to Chapter
13.12 YMC, shall be recorded with the Thurston County Auditor at the expense of the Owner, in
accordance with YMC 13.12.040.
The developer shall be entitled to interest reimbursement on compliance with the following terms:
PROVIDED, that the aggregate amount of interest shall not exceed the equitable share of the cost of
the system allocated to the property owners.
A. The maximum term for calculation of the interest shall be ten (10) years, though payment
shall be made over fifteen (IS) years.
B. Interest shall be paid on the latecomer's fee calculated as shown in Exhibit A in accordance
with the following formula:
I = C*iT/12
I =Total interest charge
C =Latecomers cost
i =Interest rate (8.00%)
T =Time in months since project was accepted to date of each latecomer's hookup
(up to but not exceeding 120 months)
Reimbursement shall be collected by the City of Yehn from those tapping of using said
facilities as provided in the previous paragraph and in accordance with Exhibit A.
4. Effective Date. This agreement shall be effective as of the~:l~iay of ~ c6.~,~t , 20C(S and
latecomer fees shall be collected hereunder for all projects and/or properties approv for hookup to or
th/rough subject facilities as provided for herein, for a period of fifteen (I S) years from
~t/lec:m~ ~.~ ,20
In the event that the Developer assigns any interest in the Agreement, the Developer shall deliver a
timely written notice of the assignment to the City. All payments made by the City under this
Agreement shall be sent to the Developer at the following address:
PROJECT FORE
Attention: Barry Howard
945 113th Ave SE
Olympia, WA 98501
Or to such other address or assignee as the Developer may specify by written notice to the City. The
City shall not be bound to make any payment to Owner or assignee at any other address or payable
directly to any assignee unless the required notice has been received by the City at least ten (10) days
before the payment is due. The City shall not be bound to divide any payment between the Owner and
any other person or between any payees.
IN WITNESS OF, the parties have executed this Agreement as of the date and year first written above.
City of Yel Developer
By: By:
Y i OWNE
ATTEST:
CLERK
STATE OF WASHINGTON )
ss
COUNTY OF THURSTON )
On this ~~,! day of ! ~ ~ ~~ ~~~ y , 20D~ before me personally appeared
Di9~~ i~Jfl,S ,tome lrnown to be the Mayor of Yelm, the municipal corporation that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned and on oath stated that he is authorized to
execute said instrument.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
first above written.
~ ~/~
~' .' 1~~ ~ No blic i n for the S ~of~ashin on,
~~wC•y•w....'~'a :, residing in ~ ~G~1/ -~J (.~
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~', ''i~~•,~' •;'~ My Commis' n expires
tIS~~Ah+yo :.'
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Vic`' ~:~..~~>
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STATE OF WASHINGTON )
ss
COUNTY OF THURSTON
On this 3 day of JAti , 20~ before me personally appeared
~ar~u ~-}oward ,tome known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and
deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this 3rd day of ~an ~,, , 20 05 .
NOTAIY`K PUBLIC
State of Washington
TERRI LYNN ROUGHTON
Commission Expires DECEMBER 10, 2006
Approved as to form:
By:
~.
Notary Public ' d for th ate of Washington,
residing in O1~M010.
My Commission expires ~2 / i a 12ca~'
City Attorney
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