624 Latecomer Sewer Carpenter Anderson CITY OF YELM, WASHINGTON
ORDINANCE NO. 624
AN ORDINANCE of the City of Yelm, Washington, authorizing the
Mayor to enter into an Assessment Reimbursement Contract
(latecomer agreement) relating to sewer system improvements in the
area of Yelm Avenue to and including portions of Burnett Road.
WHEREAS, Carpenter/Anderson (Owners) have constructed at their own
cost and expense certain municipal sewer system improvements
(hereinafter called "sewer facilities") in the area of Yelm Avenue
to and including portions of Burnett Road; and
WHEREAS those improvements are described in a proposed latecomer
agreement and particularly in Exhibit C attached to the agreement;
and each are within the benefit area also described in Exhibit C
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
Department of Public Works ("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 onto 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 Yelm including but not limited to the
requirements for 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
together with the Director's written recommendation; and
WHEREAS, pursuant to a hearing held before the Yelm City Council
on May 13 1998 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 of Yelm HEREBY
ORDAINS AS FOLLOWS:
1. The City Council approves and authorizes the Mayor to enter
into the latecomer agreement entitled "Carpenter/Anderson Vista
View Latecomers Agreement - SEWER" attached to this ordinance, and
DIRECTS that the agreement be filed for record with the Thurston
County Auditor as required by YMC 13.12.040 within thirty (30)
days following its execution.
Section 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 13TH day of May, 1998.
A
Kathryn M. Wolf, MAYOR
ATTEST
Agnes enn ck, Cit •