862 Latecomer Killion Water Improvement CITY OF YELM, WASHINGTON
ORDINANCE NO. 862
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 Killion Road.
WHEREAS, Michael R. Mastro has constructed at his own cost and expense
certain municipal water system improvements (hereinafter called "facilities") in a
portion of Killion 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 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;
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 Cherry Meadows 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 14th day of November, 2006.
/
,
. ~
Ron Hard g, ayor
AUTHENTICATED:
.
Agnes~ ennick, City Cler .
PUBLISHED: Nisqually Valley News, November 24, 2006
EFFECTIVE DATE: November 29, 2006
Water Latecomer Agreement Page 2 of 2
CHERRY MEADOWS
LATECOMERS AGREEMENT
PROJECT LOCATION: SE1/4, SW1/4, SEC. 13, T 17N., R.1E., W.M.
WATER
THIS AGREEMENT is made the Iy~~_day of n)O~K 2006,
between the City of Yelm, a municipal corporation, hereinafter referred to as the "City" and
MICHAEL R. MASTRO, his 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 Devsloper 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 to the Developer and his 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. ~~Oc~t , City of Yelm
Exhibit B, consisting of:
A listing of eligible costs attributed to the faci~ities;
The basis (formula) for distribution of that cost among all properties which
benefit or may benefit by said facilities;
A listing 9f each property, including the Assessor's parcel number, ownership,
description, pertinent dimensions and other data used in the calculation of the
fee; and
The Iatecomer fee for that property.
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 io 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, ihe 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 shatl 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 j~~~yy~,~~}~,~i~~2.vc1o , the City shall
co{lect from the owners of properties outlined on Exhibit 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 cosf of the facifities together with interest as provided in
paragraph 3 and shall pay said sums to the Developer aHer deducting ten percent
(10%) of the collected reimbursed amounf as a fee for administering Fhe terms of this
Agreement: PROVIDED, however, that if a court of competent jurisdiction determines
that the City lacks the legal ability to coAect any portion of said costs or fees or
interest thereon, the City sha11 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 Daveloper sha(I be entitled to interest reimbursement on compliance with the
following terms: PROVIDED, that the aggregate amount of interest shali not exceed
the equitable share oi 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 shail be made over fifteen {15) years.
B. interest shali be paid on the latecomer's Fee caiculated as shown in Exhibit 8
in accordance with the followinq formula:
1=C'iT/12
! = Total interest charge
C = Latecomers cosi
i = Interest rate (6.50%)
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 coBected by the City of Yelm from those tapping or
using said tacilities as provided in the previous paragraph and in accordance
with Exhibit B.
4. Effective Date. This agreement shall be effective as of the 1y~ da of
Y
~ OvCvr~ , 2006, and latecomer fees shall be collectad hereunder
for all projects and/or properties approved for hookup to or through subject facilities
as provided for herein, for a period of tifteen (15) years from ~t~.?~av~~f1F~ I~~ Z.C~ ~0
in the eveni that the Developer assigns any inierest in the Agreament, the Developer
sha{I deGver a timely written notice of the assignment to the City. All payments made
by the City under this Agreement shall be sent to the peveloper at the following
address:
MICHAEL R. MASTRO
510 RAINIER AVENUE 50UTN
SEATfLE, WA 98144
Or to such other address or assignee as the Devefoper may specify by written notiee
to the City. The City shaii not be bound to make any payment to Owner or assignee
at any other address or payabie direct}y 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 partie ave executed this Agreement as of the date and year
first written above.
i
City of Y Devetope~
By: ~f ,i
on Harding, YOR ichael . Mastro, O ER
ATTES7: (J
~i~9~~fc 71~fe
Janine Schnepf
Deputy City Clerk
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