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HomeMy WebLinkAbout98-104RESOLUTION NO. 98 - ? ~) (3/' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A STREET DEVELOPMENT REIMBURSEMENT AGREEMENT PURSUANT TO CHAPTER 35.72 RCW AND CHAPTER 12.26 PTMC WHEREAS, As a prerequisite to the development of Hamilton Heights PUD, Hamilton Heights LLC ("the Contractor") has constructed or caused to be constructed certain street improvements required by municipal ordinances in the dedicated right of way for Howard Street beginning at the Hastings Avenue intersection and terminating in the vicinity of the 22nd Street intersection ("the Street improvements"); and WHEREAS, The Contractor has applied for and wishes to enter into a Street Development Reimbursement Agreement with the City, pursuant to Chapter 35.72 RCW, as amended, and Chapter 12.26 PTMC, to provide for partial reimbursement of the costs of constructing such street improvements by the payment of assessments from owners of property in the benefit reimbursement area formulated by the Public Works Director who subsequently develop their property without being required as a condition of such development to construct similar street improvements because the street improvements previously were constructed by the Contractor; and WHEREAS, Notice of the benefit reimbursement area boundaries and preliminary assessment amount has been provided by certified mail, return receipt requested, to each of the record owners of property within the benefit reimbursement area and no request for a hearing has been filed by an owner within the period specified 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 Street Development Reimbursement Agreement with the Contractor named herein providing for the partial reimbursement of the costs of construction by the Contractor named herein of the street improvements generally described herein by payment of the assessment amounts specified in the agreement from the owners of property in the benefit reimbursement area described in the agreement who subsequently develop their property without being required to construct similar street improvements because the street improvements previously were 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 assessment amounts specified in the agreement are hereby determined to represent a fair, pro rata share of the the cost of the construction of the street improvements. Pamela Kolacy City Clerk Adopted by the City Council of the City of Port Townsend and signed by the Mayor this 8th day of September, 1998. Ma~/ulie McCulloch ~ot~y/L. ~cJ(/IVal'/an -- City Atl~