083-09 - Resolution - Developers Agreement with Pottery Three LLC Reimbursement of Sidney Ave Sewer MainIntroduced by: Public Works Director
Requested by: Public Works Director
Drafted by: Public Works Director
Introduced: August 25, 2009
Adopted: August 25, 2009
RESOLUTION NO. 083-09
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO EXECUTE THE DEVELOPER'S
AGREEMENT FOR REIMBURSEMENT FOR EXTENSION OF THE
SIDNEY AVENUE SEWER MAIN WITH POTTERY THREE LLC
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 Februaty 3, 2009, the City received a request from Pottery
Three LLC for reimbursement from potentially benefited properties through a
latecomer's agreement; and
WHEREAS, on July 14, 2009, the City of Port Orchard Public Works
Department accepted a Bill of Sale for the recently completed extension of Sidney
Avenue Sewer Main; and
WHEREAS, on August 7, 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 August 14, 2009, Notice of the Public Hearing was published in
the Port Orchard Independent newspaper; and
WHEREAS, on August 25, 2009, the City Council held a Public Hearing
addressing the improvements proposed in the Pottery Three LLC; 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 Sidney Avenue sanitary sewer main extension will meet the
required obligations, and will be entitled to reimbursement for the Sidney Avenue Sewer
Main extension; now, therefore
Resolution No. 083-09
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 Sidney Avenue Sanitmy
Sewer Extension with Pottery Three LLC.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 25th day of August 2009.
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