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