Ordinance 815 SewerCITY OF YELM, WASHINGTON
ORDINANCE NO. 815
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 Middle Road.
WHEREAS, Yelm Property Development, LLC has constructed at their own cost and expense certain municipal sewer system improvements (hereinafter called “facilities”) in a portion of Middle
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 August 25, 2004 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;
NOW, THEREFORE, the City Council of the City o Yelm HEREBY ORDAINS AS FOLLOWS:
The City Council approves and authorizes the Mayor to enter into the latecomer agreement entitled Yelm Property Development, LLC S.T.E.P. Sewer Extension 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.
Effective Date. This ordinance shall take effect five days after its publication as provided by law.
PASSED by the City Council of Yelm this 8th day of September, 2004.
Adam Rivas, Mayor
ATTEST:
Agnes Bennick, City Clerk.