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HomeMy WebLinkAbout99-086RESOLUTION 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, Mary G. Swift and Robert A. Steele ("the Contractor#)have constructed or caused to be constructed certain sewer facilities connected to the City's existing sewage collection system at the intersection of N Street and Maple Street. The facilities have been constructed in the right of way for N Street, as dedicated by the plat of Pettygrove's 1st Addition, and in the right of way for Adams Street, as dedicated by the plat of Mountain View 2nd Addition; 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 use or connect to the sewer facilities 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, N O W T H E R E F O R E 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 connect to the sewer line 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 reimbursement amount specified in the agreement is hereby determined to represent a fair, pro rata share of the cost of the construction of the sewer facilities. Adopted by the City Council o_f the City of Port Townsend and signed by the Mayor th~~~/~,, . _ 1999. Mayor For f~s t 6Rambo' Pamela Kolacy City Clerk APP ,~i~y Attorney C: \ DM\ LATECOMR. NEW\ SWR\ CNCLRES\ CNCLRES. SWF