ORDINANCE NO. 02017-035 AN ORDINANCE of the City Council of the City of Tumwater, Washington, relating to special sewer connection assessment to be imposed upon City sewer utility users connecting to the recently constructed sewer utilities installed at the City's cost on a portion of Tyee Drive, as more particularly set forth herein. WHEREAS, the City of Tumwater financed the cost and expense for the installation of sanitary sewer on Tyee Drive for the full length of the frontage of Parcel # 12703240100 approximately 340 feet in length; and WHEREAS, the City of Tumwater, pursuant to RCW 35.91. 060 as an alternative to the procedures provided in RCW 35. 91. 020 for financing the construction or improvement of water or sewer facilities, may create an assessment reimbursement area on its own initiative, finance all of the costs associated with the construction or improvement, and become the sole beneficiary of reimbursements; and WHEREAS, the City of Tumwater may only establish an assessment reimbursement area in locations where the City's ordinances require water or sewer facilities to be improved or constructed as a prerequisite to further property development or redevelopment; and WHEREAS, boundaries of an assessment reimbursement area must be formulated by the City based upon a determination of which parcels in the proposed area would require construction or improvement of water or sewer facilities upon development or redevelopment, or would be allowed connection to or usage of constructed or improved water or sewer facilities; and WHEREAS, the City shall compute assessments equal to the fair pro rata share due from the owners of parcels within the boundaries of an assessment reimbursement area using a basis of computation deemed by the City to most appropriately determine the proportional benefit accrued to each parcel; and WHEREAS, preliminary determination of the assessment reimbursement area boundaries and assessments, along with a description of property owners' rights and options, must be sent by certified mail to each owner of record of real property within the proposed assessment reimbursement area. Owners of property within the proposed area may request a public hearing by submitting a written request to the City within twenty days of the preliminary determination's mailing. If a written request is submitted, the legislative authority of the City must hold a public hearing on the assessment reimbursement area. Notice of the hearing must Ordinance No. 02017-035 - Page 1 of 3
be provided to all affected property owners. Any rulings of the legislative authority of the City are determinative and final, subject to judicial review; and WHEREAS, the City of Tumwater determined it was in the best interest of the effected property owners to hold a public hearing and scheduled it for February 8, 2018; and WHEREAS, the City of Tumwater sent, via certified mail, the preliminary determination of the assessment reimbursement area boundaries and assessments, along with a description of property owners' rights and options, as well as a notice of public hearing to all affected property owners on January 26, 2018; and WHEREAS, the City of Tumwater held a public hearing on February 8, 2018; and WHEREAS, the Tumwater City Council finds that special benefit accrues to owners of property seeking to connect to the above described sewer improvements, and reasonable connection charges are proper in order that such abutting property owners shall bear their equitable share of the cost of the sewer improvements; and WHEREAS, final determination of the assessment reimbursement area boundaries and assessments must be recorded in the county auditor's office of the county in which the area is situated; and WHEREAS, this Ordinance supports the health, safety and welfare of the citizens of Tumwater; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUMWATER, STATE OF WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Assessment Reimbursement Area. An assessment reimbursement area is hereby created and the boundaries established as detailed in Exhibit "A". Section 2. Assessments. A special sewer connection assessment roll is hereby created as detailed in Exhibit "B". Section 3. Connection. Any owner of property situated within the assessment reimbursement area, shall, as a precondition to connection to the City sewer utility, pay to the City a special sewer connection assessment as set forth in Exhibit `B" attached hereto. Section 4. Recordation. This Ordinance shall be recorded with the Thurston County Auditor's Office within thirty (30) days of adoption. Ordinance No. 02017-035 - Page 2 of 3
Section 5. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 8. Effective Date. This ordinance shall become effective thirty 30) days after passage, approval and publication as provided by law ADOPTED this day of F b aor, 2018. CITY OF TUMWATER ATTEST: Pete Kmet, Mayor Melody Valia t, ity Clerk S TO FORM: kk 6 1 en Kirk atri k, City Attorney ZOVE Published: Effective Date: 02-22 - 2-0 f 5 0 2 Z- - 2 o H 6 Ordinance No. 02017-035 - Page 3 of 3
Exhibit " A" OG BLOOMINGDALE LN Sw h'o 1 OT Map ID - Parcel 1 12703240100 ODEGARD RD SW Kingswood Capital z 0 rr w Tyee Drive Special Assessment Benefit Area - SEWER Ordinance No. 2017-035 1
Exhibit " B" Tyee Drive Special Connection Assessment SEWER Ordinance No. 2017-035 Final Improvement Cost $ 39, 794. 32 Number of Parcels in Reimbursement Area 1 Assessment = Total Cost/ Number of Parcels $ 39, 794. 32 MAP ID ASSESSOR' S TAX PARCEL NO. TOTAL BENEFIT OWNER 1 12703240100 $ 39, 794. 32 Kingswood Capital