048-09 - Resolution - Latecomer Agreement for Lift Station and Sewer Main Under Sedgwick RoadIntroduced by: Public Works Director
Requested by: Public Works Director
Drafted by: Public Works Director
Introduced: May 12, 2009
Adopted: May 12, 2009
RESOLUTION NO. 048-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE LATECOMER AGREEMENT FOR LIFT
STATION AND SEWER MAIN EXTENSION UNDER
SEDGWICK ROAD
WHEREAS, RCW Chapter 35.91 and City of Pmt Orchard Ordinance No. 1852
authorizes the City to establish a Developer's Agreement in which the Developer is
entitled to reimbursement for a pro rata share of the construction costs for
improvements in approved construction projects; and
WHEREAS, on June 23, 2008, the City of Pott Orchard Public Works
Department accepted a Bill of Sale for the recently completed regional sanitary sewer
pump station; and
WHEREAS, on August 19, 2008, the City received a request from Lowe's HIW,
Inc. for reimbursement from potentially benefited properties through a latecomer's
agreement; and
WHEREAS, on April 22, 2009, a copy of the agreement and notice of the Public
Hearing was mailed to the identified "Benefitted Non-Contributing Properties" as
identified in Exhibit E of the proposed agreement; and
WHEREAS, on April 24, 2009, Notice of the Public Hearing was published in
the Port Orchard Independent newspaper; and
WHEREAS, on May 12, 2009, the City Council held a Public Hearing
addressing the improvements proposed in the Lowe's HIW, Inc.; and
WHEREAS, the attached agreement meets the requirements of RCW Chapter
35.91 and Port Orchard Ordinance No. 1852; and
WHEREAS, pursuant to RCW Chapter 35.91 and Port Orchard Ordinance No.
1852, the developer of the Lowe's Regional Sanitary Sewer Pump Station will meet the
required obligations, and will be entitled to reimbursement for the project's sanitary
sewer pump station; now, therefore
Resolution No. 048-09
Page 2 of2
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council authorizes the Mayor to execute
the Developer's Agreement for Reimbursement for a
Regional Sanitaty Sewer Pump Station with Lowe's HIW,
Inc.
PASSED by the City Council ofthe City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 12th day of May 2009.
Lary