ORDINANCE NO. 328

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON AUTHORIZING THE TOWN TO ENTER INTO LATECOMERS AGREEMENTS, SPECIFYING THE TERMS AND CONDITIONS.

Whereas, procedures are set forth in RCW Chapter 35.72 and 35.91 for assessment against property owners for street, water and sewer improvements, and

 

Whereas, the Town desires, under certain circumstances, to have its infra-structure extended and extended in such a way as to facilitate hookups by adjacent property owners to provide capacity not only to the property owner extending the service but to future users, and

 

Whereas, the entry into a Latecomers Agreement under certain circumstances is in the benefit of public health, safety and welfare, and

 

Whereas, the entry into a Latecomers Agreement for street, water and sewer improvements is in conformity with the Comprehensive Plan, and

 

Whereas, the entry into a Latecomers Agreement does not have an adverse environmental affect.

 

Now, therefore, the Town Council of the Town of South Prairie, Pierce County, Washington do ordain as follows:

 

Section 1: The Town is authorized to enter into an agreement with the owner of real estate, for a period not to exceed ten (10)

years, to reimburse the owner of the real estate, their heirs, successors and assigns, requiring benefited adjacent property owners to reimburse if they did not contribute to the original costs of the following facilities, and to subsequently tap in to or use the same, for their fair pro rata share of the costs of construction of storm, sanitary or combination sewers, pumping stations and disposal plants, water mains, hydrants, reservoirs or appurtenances, design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls and other similar improvements.

Section 2: The agreement shall be binding upon the heirs, successors and assigns of the parties.

Section 3: The agreement shall not exceed ten (10) years.

Section 4: The Town shall deduct 10% of all funds received for costs administration. The amount received for normal hookup charges shall not be part of the agreement and shall be paid directly to the Town.

Section 5: The list of improvements described in this chapter are general in nature and assessments may include all costs incurred in the installation of public utilities.

Section 6: The procedure for assessment against property owners shall be established under Chapter 35.72 RCW for street improvements, and Chapter 35.91 RCW for water and sewer improvements.

Section 7: The Town Clerk shall record the contract with the Pierce County Auditor's office within thirty (30) days of the execution of the agreement.

Section 8: The contract shall be completed and executed within thirty (30) days after the completion of construction.

Section 9: If any provision of this ordinance is determined to be invalid or unenforceable, the remaining provisions shall remain in force and affect.

Mayor Dale P. Stubbs

INTRODUCED:          1/7/97

PASSED:                     1/7/97

APPROVED:               1/7/97

PUBLISHED:              2/13/97

 
Section 10: This ordinance shall take affect and be in force five (5) days from and after its passage, approval and publication as required by law.

Attested:

Marla Nevill

Acting Town Clerk/Treasurer

Approved as to Form:

 

Michael J. Reynolds City Attorney