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Latecomer stf reportCity of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Adam Rivas, Mayor, and City Council From: Tami Merriman, Assistant Planner Date: August 18, 2004 Re: Public Hearing regarding an Assessment Reimbursement Contract for Certain Properties located in a portion of Middle Road, in the City of Yelm, Washington, and Ordinance Numbers 814 and 815. Attachments: Application for Latecomer Agreement Public Hearing Announcement Ordinance No. 814 Waterline Extension Agreement Ordinance No. 815 S.T.E.P Sewer Extension Agreement SUBJECT A public hearing to accept comment on an Assessment Reimbursement Contract affecting certain properties located in a portion of Middle Road. Ordinance No. 814 and Ordinance No. 815 authorizes the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to Water and Sewer improvements in a portion of Middle Road. LEGAL CONSIDERATION Chapter 35.91 of the Revised Code of Washington, and Chapter 13.12 Yelm Municipal Code provides the authority for the City to enter into the contract for reimbursement. BACKGROUND The applicant Yelm Property Development LLC, as a requirement of the Willow Glenn Subdivision Phase I and Phase II approval, has installed water and sewer facilities in a portion of Middle Road, at their own cost and expense. The adjoining properties when developed will have the benefit of connection to these lines. The Assessment Reimbursement Contract provides reimbursement to Yelm Property Development LLC, a fair pro rata share of the cost of construction of these facilities. The Community Development Department has reviewed the reimbursement area as proposed by the applicant, and the cost apportionment method and has made the determination that they are correct and fair. The water and sewer lines have been installed, and approved and accepted by the City. The agreement will be in effect for no longer than 15 years. The City shall deduct ten percent (10%) from the collected reimbursed amount as a fee for administering the terms of this agreement. EFFECTIVE DATE The ordinances shall take effect five (5) days after publication as provided by law. RECOMMENDATION Staff recommends adoption of Ordinance No. 814 authorizing the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to Water improvements in a portion of Middle Road, and adoption of Ordinance No. 815 authorizing the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to Sewer improvements in a portion of Middle Road.