ORD 77-06 CITY WATER SYSTEMORDINANCE 77-I
AN ORDINANCE OF THE CITY OF WINSLOWAMENDING
ORDINANCE 74-16 GOVERNING USE OF THE CITY WATER
SYSTEM AND THE CITY'S SEWER SYSTEM, AND PROVIDING
FOR DELAYED BENEFIT AGREEMENTS AND DECLARATIONS
FOR BOTH DEVELOPER INSTALLED IMPROVEMENTS AND
CITY INSTALLED IMPROVEMENTS.
The City Council of the City of Winslow do ordain as follows:
t. Section D2 of Ordinance 74-16 shall be amended to read
as follows:
2A. Delayed Benefit Agreements Between the City and
Developers. The City may enter into delayed benefit agree-
ments to partially repay developers for the cost of construc-
tion of water or sewer lines to serve the developer's property
but which may provide a benefit to other property owners by
reason of such construction. Each delayed benefit agreement
shall be approved by the City Council and be entered into on
the following terms and conditions and may include such other
terms as the City Council may require.
(a) Plans and specifications for proposed extension
shall be first approved in writing by the City Engineer. The
specifications shall include bonding and insurance for the
developer to hold the City harmless and provide a guarantee
of workmanship and materials for a period of one year from
the date of acceptance by the City.
(b) The developer shall secure all necessary easements
or rights of way at no cost to the City. Such easements
shall be to the benefit of the City and shall include con-
tinuing rights for operation, maintenance and replacement.
Title to the completed improvement shall be vested in the
City.
(c) The amount of any reimbursement shall be based
upon the allocation to the benefited property as determined
by the City Engineer and shall include all engineering and
legal costs which shall be included in the cost of con-
struction.
(d) Delayed benefit agreements shall not exceed a
term of 15 years and shall provide for interest at the rate
of 6% per annum from the date of the agreement to the date
of payment.
(e) All delayed benefit charges received by the City
shall promptly be forwarded to the developer by U.S. mail
at the address last indicated to the City. Any delayed
benefit charges which are unclaimed or returned as undeliver-
able shall be held by the City until expiration of the
delayed benefit agreement at which time any such unclaimed
funds shall be deposited into the City's general fund and
the City shall have no further obligation to the developer.
(f) All delayed benefit agreements shall be recorded
with the Kitsap County auditor the cost of which recording
shall be paid by the developer.
2B. Delayed Benefit Declarations for City Installed
Improvements.
(a) The City may install water or sewer lines to service
a particular area, the cost of which shall be borne wholly or
partially by the City but which improvements provide a benefit
to other property owners by reason of such construction and
the City may therefore impose a delayed benefit charge to be
assessed against any of the benefited areas when they require
water or sewer service as a charge to be paid prior to con-
necting to the municipal water or sewer system. Such City
installed improvements may be in connection with a local
improvement district or independent of such a local improve-
ment district.
(b) Upon completion of installation or construction of
any improvement referred to above in paragraph (a), the City
Engineer shall certify to the City Council the total cost of
the improvement including construction, engineering and legal
costs and a determination of the geographical area benefited
together with a list of the names of the owners of record in
the benefited area as determined from the tax records of
Kitsap County. If the City Council elects to declare a
delayed benefit area, it shall do so by ordinance which shall
describe the area benefited and the cost per front foot of
the delayed benefit assessment to be collected from the
benefited area when connection or hookup is secured together
with the length of term of delayed benefit charge which shall
not exceed 25 years. The City Clerk shall, after adoption of
the ordinance, notify in writing each owner of record within
the delayed benefit area advising said owner of the delayed
benefit charge against the owner's property and stating a day
certain, not less than 30 days, in which said owner may elect
to pay the delayed benefit charge without interest or in ten
annual installments with interest at the rate of 8% per annum
on the unpaid declining balance at which time the delayed
benefit will be deemed satisfied. If an owner fails to elect
either of the above two options within the time provided, the
delayed benefit charge shall remain in full force and effect
and the owner shall be required to pay the same in cash when
connection is made with interest at the rate of 8% per annum
from the date of adoption of the ordinance. All funds
received shall be deposited in the City's Water-Sewer Fund
and not the City's general fund.
(c) ~o delayed benefit charge shall extend beyond 25
years and the City will cause to be filed with the Kitsap
County Auditor a notice of delayed benefit charge which shall
set forth the legal description of the property benefited and
the per front foot amount of the benefit charge to be collected
upon connection.
PASSED by the City Council of the City of Winslow this
day of ~Xa , 1977.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Robert W. McKisson
of Beresford, Booth, Lehne, McKisson
& Baronsky
City Attorneys
COONTY ASSESSORS ASSESSED
NL=~iBER FOOTAGE CHARGE
4115-005-002
" "-003
" "-004
" "-005
" "-006
" "-007
" "-008
" "-009
272502-4-117
" "-006
" "-005
" "-004
" "-003
262502-3-107 " "-112
" "-123
262502-2-055 " "-056
" "-057
" "-058
262502-1-014
" "-015
" "-016
" "-017
" "-018
" "-021
" "-022
" "-023
" "-024
" "-025
" "-026
" "-005
" "-006
" "-007
" "-008
4116-003-001
262502-4-032
" "-030
" "-028
" "-026
" "-027
" "-024
" "-003
7809050113
80 Ft,
73 Ft.
60 Ft,
38 Ft.
68 Ft,
68 Ft,
68 Ft,
68 Ft,
450 Ft,
250 Ft,
60 Ft,
331 Ft,
660 Ft,
593 Ft.
356 Ft.
236 Ft,
330 Ft,
200 Ft,
120 Ft.
550 Ft.
130 Ft.
200 Ft,
330 Ft,
130 Ft.
200 Ft.
600 Ft.
60 Ft
210 Ft
90 Ft
200 Ft.
120 Ft
180 Ft
290 Ft
70 Ft
100 Ft
100 Ft,
100 Ft,
110 Ft,
110 Ft.
160 Ft,
70 Ft,
110 Ft,
640 Ft,
$ 1249,60
1140.26
937,20
593,56 .
1062.16
1062,16
1062,16
1062.16
$ 7029,00
3905,00
937.20
5170,22
10309,20
$ 9262,66
5560,72
3686,32
$ 5154,20
3124,00
1874,40
8591,00
$ 2030,60
3124,00
5154,20
2030.60
3124.00
9372,00
937.20
3280,20
1405,80
3124,00
1874.40
2811,60
4529,80
1093,40
1562,00
1562,00
1562.00
1718,20
1718.20
2499,20
1093,40
1718,20
9996,80
PEItlS 1_ i,9 ,5
EXHIBIT 1
COUNTY ASSESSORS ASSESSED
NL~MBER FOOTAGE CHARGE
272502-1-032
" "-030
" "-029
" "-078
" "-012
" "-025
" "-023
300 Ft.
155 Ft.
145 Ft.
30 Ft.
135 Ft.
254 Ft.
132 Ft.
4686.00
2421.10
2264.90
468.60
2108.70
3967.48
2061.84
262502-2-014
" "-013
" "-018
" "-067
" "-061
" "-015
" "-006
640
630
310
330
300
120
800
Ft.
Ft.
Ft.
Ft.
Ft.
Ft.
Ft.
9996.80
9840.60
4842.20
5154.60
4686.00
1874.40
12496.00
TOTAL
$206963.20