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HomeMy WebLinkAbout99-002RESOLUTION NO. 99 - ~ ~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A UTILITY LATECOMER AGREEMENT PURSUANT TO RCW CHAPTER 35.91 AND PTMC CHAPTER 13.04 WHEREAS, Hamilton Heights LLC ("the Contractor") has constructed or caused to be constructed certain sewer facilities consisting of a pump station, pressurized for ce main and related maintenance holes, valves, fittings and related appurtenances. The pump station is situated at the Northeast comer of the Hamilton Heights PUD and the pressurized force main is in the right of way for Howard Street, the right of way for Hastings Avenue and the right of way for Thomas Street, connecting to the City's previously existing sewer system at the intersection of Thomas Street and 25th Street; and WHEREAS, The Contractor has applied for and wishes to enter into a utility latecomer agreement with the City, pursuant to Chapter 35.91 RCW, as amended, and Chapter 13.04 PTMC, to provide for partial reimbursement of the costs of constructing such sewer facilities by the payment of reimbursements from owners of property in the benefit reimbursement area formulated by the Public Works Director who subsequently develop their property and use or connect to the pump station previously constructed by the Contractor; and WHEREAS, In accordance with PTMC 13.04.060B, notice of the benefit reimbursement area boundaries, preliminary reimbursement amount, and the right to request a public hearing has been provided in writing by certified mail, return receipt requested, to the record owners of property within the benefit reimbursement area formulated by the public works director and no request for a public hearing has been filed within the period specified by ordinance and in the notice, NO W THEREFORE BE IT RESOLVED by the City Council of the City of Port Townsend that the Mayor is hereby authorized to execute on behalf of the City a utility latecomer agreement with the Contractor named herein providing for the partial reimbursement of the costs of construction by the Contractor named herein of the sewer facilities generally described herein by payment of the reimbursement amounts specified in the agreement from the owners of property in the benefit reimbursement area described in the agreement who subsequently develop their property and use or connect to the pump station previously constructed by the Contractor; and BE IT FURTHER RESOLVED that the benefit reimbursement area formulated by the Public Works Director and described in the agreement is hereby finalized and the preliminary reimbursement amount specified in the agreement is hereby determined to represent a fair, pro rata share of the the cost of the construction of the sewer facilities. Adopted by the City Council of the City of Port Townsend and signed by the Mayor this 4th day of January, 1999. Pamela Kolacy City Clerk C:\DM~LATECOMR.NEW~SWR\CNCLRES\CNCLRES.HAM May~jJ'ulie McCulloCh Ti~ :~or~y crv~ahajt{'