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ORD 99-02 AMENDING SEWER RATES IN THE LYNWOOD CENTER AREA ORDINANCE 99 - 02 AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON AMENDING SEWER RATES IN THE LYNWOOD CENTER AREA; AMENDING SECTION E.5.d OF ORDINANCE 82-20, AS SUBSEQUENTLY AMENDED; AND REPEALING THOSE PORTIONS OF ALL PRIOR ORDINANCES THAT AMEND SECTION E.5.d OF ORDINANCE 82-20. WHEREAS, a structure for establishing water and sewer rates, charges and fees was put into place by Ordinance 82-20; and WHEREAS, Section E of Ordinance 82-20, which specifies those rates, charges and fees has been subsequently amended on various occasions including amend- ment by Ordinances 83-09, 84-25, 86-08, 86-19, 91-13, 93-39, 97-35 and 98-36; and WHEREAS, property owners in the Lynwood Center area have asked the City to provide sewer service to them from the nearby sewer system operated by Sewer District No. 7 and Ordinance 98-36 was passed setting sewer rates for that area; and WHEREAS, it has now been discovered that the rates set by Ordinance 98-36 are inconsistent with the rate structure used by Sewer District No. 7 to charge the City, necessitating a need to amend the City's rates; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section E.5.d of Ordinance 82-20 is amended to read as follows: SECTION E. Water and Sewer Rates, Charges and Fees. 5. SERVICE RATES. d. SEWER RATES FOR USERS WITHOUT WATER SERVICE 1 Users in the Winslow area shall pay the following rates: Users in Category I (SFR) shall pay a fixed monthly rate of $45.87. Users in Category 3 (Commercial) shall pay a fixed monthly rate of $49.56. 2 Users in the Lynwood Center area shall pay $43.75 per month per equivalent residential unit (ERU) during the first two months of service for each connection assigned in this ordinance to the property described in Exhibit A to each Agreement listed below (Assigned Connection), regardless of whether all Assigned Connections are actually used. Thereafter, users in the Lynwood Center area who are connected to the sewer system shall pay a rate equal to 125 % of the amount charged to the City by Sewer District No.7 per ERU for customers who are connected to the sewer system and those customers who are not connected to the sewer system shall pay 115% of the amount charged to the City by Sewer District No. 7 for customers who are not connected to the sewer system for each Assigned Connection, regardless of whether all Assigned Connections are actually used. The current Sewer District No. 7 rates per ERU are $35.00 per month for customers who are connected to the system and $20.00 per month for customers who are not connected and have paid a reservation fee totaling $20.00 per month from September, 1996; but these rates may change from time to time. The Assigned Connections for property located in the Lynwood Center area are as follows: a. The property described in Exhibit A to the Lynwood Center Sewer Connection Agreement between the City and Morrie Blossom dated May 29, 1998 (currently known as the Blossom property) is assigned 23 connections. b. The property described in Exhibit A to the Lynwood Center Sewer Connection Agreement between the City and Ruth Closser dated July 17, 1998 (currently known as Serenity House) is assigned 23 connections. c. The property described in Exhibit A to each often Lynwood Center Sewer Connection Agreements between the City and Harley J and Sharon R. Unruh dated May 21, 1998 (currently known as Pleasant Beach Village) is assigned 10 connections. d. The property described in Exhibit A to the Lynwood Center Sewer Connection Agreement between the City and Michael and Linda Kirby (currently known as Pleasant Beach Grill) is assigned 10 connections. e. The property described in Exhibit A to the Lynwood Center Sewer Connection Agreement between the City and William S. Hart Jr. and Rosalind Hart dated May 20, 1998 (currently known as Lynwood Center Building) is assigned 25 connections. A copy of each Agreement is on file with the City Clerk and is available for inspection by the public. SECTION 2. All portions of all prior ordinances that amend Section E5.d of Ordinance 82-20 are repealed. SECTION 3. This Ordinance shall take effect and be in force for utility bills generated on and after five days from the date of publication of this ordinance. PASSED by the City Council this 4th day of February, 1999. APPROVED by the Mayor this 4th day of February, 1999. ATTE ST/AUTI-[ENTICATE: SUSAN P. KASPER, City Clerk APPROVED AS TO FORM: ROD P. KASEGUMA, City Attorney FILED WITH THE CITY CLERK: January 15, 1999 PASSED BY THE CITY COUNCIL: February 4, 1999 PUBLISHED: February 10, 1999 EFFECTWE DATE: February 15, 1999 ORDINANCE 99 - 02