855 Latecomer Water Tahoma TerraCITY OF YELM, WASHINGTON
ORDINANCE NO. 855
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 a portion of Longmire Street S.E.
WHEREAS, Tahoma Terra, LLC has constructed at their own cost and expense
certain municipal water system improvements (hereinafter called "facilities") in a
portion of Longmire Street S.E.; 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 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 October
10, 2006, 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;
855 Water Latecomer Agreement Page 1 of 2
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 Tahoma Terra Water Latecomers
Agreement 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 by the City Council of Yelm this 10th day of October, 2006.
Ron Hard' , Ma or
AUTHENTICATED:
"~ 0
gnes Be nick, Ci Clerk.
Janine Schnepf, Deputy City Clerk
PUBLISHED: Nisqually Valley News, October 20, 2006
EFFECTIVE DATE: October 25, 2006
Approved; October 10, 2006
855 Water Latecomer Agreement Page 2 of 2
TAHOMA TERRA WATER LATECOMERS AGREEMENT
LONGMIRE STREET SE
THIS AGREEMENT is made the 10th day of October 2006, between
the City of Yelm, a municipal corporation, hereinafter referred to as the "City" and
Tahoma Terra LLC, its successors and assigns, hereinafter referred to as the
"Developer";
WHEREAS, the Developer has constructed at its own cost and expense certain
municipal WATER system improvements (hereinafter referred to as "facilities") that
are described in Exhibit B to this Agreement; and within the benefit area also
described in said Exhibit B; and
WHEREAS, those facilities have been constructed in accordance with the standards
of the City of Yelm and plans on file in the office of the Community Development
Department for the City of Yelm; 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:
Ordinance No. ~ ~ ~ ,City of Yelm
Exhibit B, 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.
Water Latecomer.doc Page 1 of 4
WHEREAS, the Developer has offered and the City is willing to accept said facilities
as part of the City's WATER 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 hearing and adopted an Ordinance as
required by Sections13.12.020 and 030 YMC authorizing the Mayor of Yelm to
execute this Agreement;
NOW, THEREFORE, the parties hereby agree as follows:
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) years from the date of final City Council approval
of the project, that date being c'~ ~.,~ ~O , ,
the City shall collect from the owners of properties outlined on xhibit B and
listed on Exhibit B, prior to allowing the use by said properties of said
facilities as shown on Exhibit B, the fair pro rata share of the cost of the
facilities together with interest as provided in paragraph 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.
3. 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 (15) years.
B. Interest shall be paid on the latecomer's fee calculated as shown in
Exhibit B in accordance with the following formula:
Water Latecomer.doc Page 2 of 4
1=C*iT/12
I =Total interest charge
C =Latecomers cost
i =Interest rate (6.00%)
T =Time in months since
each latecomer's hookup
months)
project was accepted to date of
(up to but not exceeding 120
Reimbursement shall be collected by the City of Yelm from those
tapping or using said facilities as provided in the previous paragraph
and in accordance with Exhibit B.
4. Effective Date. This agreement shall be effective as of the 9th day of
September, 2006, and latecomer fees shall be collected hereunder for all
projects and/or properties approved for hookup to or through subject facilities
as provided for herein, for a period of fifteen (15) years from September 9,
2006.
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:
Tahoma Terra, LLC
PO Box 627
Rainier, WA 98576
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 WHEREOF, the parties have executed this Agreement as of the date
and vear first written above.
City
By:
Developer
~ B'
NER
~,
ATTEST:
gnes Bennick, CI Y LERK
Janine Schnepf, Deputy City Clerk
Water Latecomer.doc Page 3 of 4
STATE OF WASHINGTON
COUNTY OF THURSTON
ss
On this i n t. r, day of n ~- f-. nha r , 2006, before me personally appeared
Ron Harding, to me known 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 WHEROF I have hereunto set my hand and affixed my official seal the
,, , day and year first above written.
~_
A. s ~ ~'
~` \,5., o ~ r{ ,~ ary Public in and for the S to of Washington,
~' i~ta~A~;Y. r .~`3 '~ residing in Thurston County
~~ p~~ `~~, N: x My commission expires 0 9/ 2 9/ 2 0 0 8
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STATE OF WASHINGTON
COUNTY OF THURSTON
ss
On this day personally appeared before me ,+ ~ , to me 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.
GIV `;` ~~'h~ r
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s. ~ . ...
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and:official seal this ~ da o , 2006.
~ • ~~
ota ublic in an /for a State of Washington,
residing in ~{(A
'" My commission expires 7
Approved as to fb'i1~:`
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By. ci:~ ~l.~i
City Attorney
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Water Latecomer.doc Page 4 of 4
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