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834 ARC Water System ImprovementsCITY OF YELM, WASHINGTON ORDINANCE NO. 834 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 NP Road, and a portion of Wilkensen Road. WHEREAS, Mountain Sunrise LLC has constructed at their own cost and expense certain municipal water system improvements (hereinafter called "facilities") in NP Road, and a portion of Wilkensen Road; and WHEREAS, those improvements are described in a proposed latecomer agreement and particularly in Exhibit B 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 10, 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; Mt. Sunrise Wtr Latecomers 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 Mountain Sunrise 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. PASSED ~ the~ty Council of Yelm this 10th day of August 2005. Mayor AUTHENTICATED: `l ~lG~Q A s Bennick, City Clerk. PUBLISHED: Nisqually Valley News, July 29, 2005 EFFECTIVE DATE: August 24, 2005 Mt. Sunrise Wtr Latecomers Page 2 of 2