Ordinance No. 2023-18 Water Surcharge Ordinance - Ferncliff (Approved 061323){JEH2818379.DOCX;1/13023.130005/ } 1
ORDINANCE NO. 2023 – 18
AN ORDINANCE of the City of Bainbridge Island, Washington, adding a new
Section 13.16.045 to the Bainbridge Island Municipal Code establishing a water
surcharge for properties in the Ferncliff area to pay for the Ferncliff Water
Extension project.
WHEREAS, the City of Bainbridge Island currently provides water service to certain
customers in the Ferncliff area of the City through local water systems that were formerly
operated by private water associations; and
WHEREAS, the City’s water capital plan includes the Ferncliff Water Extension project
to provide water service to the Ferncliff area by extending water mains in Ferncliff Avenue NE,
NE Casey Street, Grand Avenue NE, and NE Fenton Road; and
WHEREAS, the estimated cost of the Ferncliff Water Extension project is approximately
$1.5 million, $800,000 of which will be financed through a Drinking Water State Revolving
Fund loan that the City will be required to repay. Based on the water capital plan and the 2022
Utility Rate & System Participation Fee Update (Final Report April 2023), prepared for the City
by FCS Group, City staff has recommended that approximately $550,000 (37%) of the total
project cost should be allocated to general system benefit for the water utility and the remaining
approximately $960,000 (63%) should be allocated to properties benefitted by and that can
connect to the Ferncliff Water Extension; and
WHEREAS, City staff has also recommended, and the City Council has agreed, that
properties that will receive service from the Ferncliff Water Extension should pay their fair share
of the total cost of the project through a water surcharge.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Ferncliff Water Extension Surcharge. A new Section 13.16.045 is hereby
added to the Bainbridge Island Municipal Code to read as follows:
13.16.045 Ferncliff Water Extension.
A. Owners of properties served by the Ferncliff Water Extension
project identified in the city’s water capital plan shall pay a water surcharge as
provided in this section. The surcharge shall be in an amount established by
council resolution based on sixty-three percent (63%) of the actual final cost of
the Ferncliff Water Extension, including but not limited to, design, engineering,
construction, and financing costs.
B. The boundaries of the geographic area to which this section applies
are shown on the map attached to City of Bainbridge Island Ordinance No. 2023-
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18, which is codified in this section. The map is adopted as part of this code
section as if fully set forth herein.
C. Owners of properties formerly served by the Ferncliff Water
Association, as shown on the map referred to in subsection B above, shall pay the
following fees and charges:
1. A surcharge established by council resolution equal to the
property’s fair share of the actual final cost of the Ferncliff Water Extension
Project. The property owner may elect to pay the surcharge in a lump sum upon
completion of construction of the Ferncliff Water Extension Project or may elect
to pay the surcharge over time through a 15-year water rate surcharge included on
the property owner’s bi-monthly water bill. If the property owner elects to pay the
surcharge in a lump sum, the property owner must notify the city of their election
and make payment in full within thirty days after the city notifies property owners
of the final amount of the surcharge. Property owners who do not timely inform
the City of their election to pay in a lump sum shall be deemed to have elected to
pay the 15-year water rate surcharge; and
2. The system participation fee established by council
resolution pursuant to BIMC 13.16.040. Notwithstanding any contrary provisions
of BIMC 13.16.040, the property owner may elect to pay the system participation
fee in a lump sum or the property owner may elect to pay the system participation
fee over time through a 15-year water rate surcharge included on the property
owner’s bi-monthly water bill. The system participation fee surcharge shall be in
addition to the surcharge established in subsection C.1 above. The system
participation fee surcharge shall include all costs incurred by the city as the result
of property owners electing to pay the fee as a 15-year surcharge rather than as a
lump sum, including, but not limited to, any additional financing charges. If the
property owner elects to pay the system participation fee in a lump sum, the
property owner must notify the city of their election and make payment in full
prior to the city issuing a notice to proceed for construction of the Ferncliff Water
Extension Project. Property owners who do not timely inform the City of their
election to pay in a lump sum shall be deemed to have elected to pay the system
participation fee as a 15-year water rate surcharge.
3. A property owner who initially elects to pay the 15-year
water rate surcharge may elect to pay the remaining surcharge amount at any time
in a lump sum. Once a lump sum payment is made in full, the property will no
longer be subject to the water rate surcharge.
D. Owners of properties served by the Casey Street Water System as
shown on the map referred to in subsection B are current customers of the city
water system and shall not be required to pay the system participation fee
established by council resolution pursuant to BIMC 13.16.040. Owners of
properties served by the Casey Street Water System shall be required to pay a
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surcharge established by council resolution equal to the property’s fair share of
the actual final cost of the Ferncliff Water Extension Project. Owners of
properties served by the Casey Street Water System shall pay the same surcharge
and shall have the same lump sum payment and bi-monthly service charge options
as those specified for properties served by the Ferncliff Water Association as
provided in Subsection C above.
E. Owners of properties in the surcharge area shown on the map but
which are outside of the Ferncliff Water Association and Casey Steet Water
System areas covered in Subsections C and D above, may connect to the Ferncliff
Water Extension at any time during or after completion of construction. Such
owners shall pay the following fees and charges:
1. The system participation fee established by council
resolution pursuant to BIMC 13.16.040. The system participation fee shall be paid
at the time of connection to the city water system through the installation of a
water main tap, service line, and meter; and
2. A surcharge established by council resolution equal to the
property’s fair share of the actual costs of the Ferncliff Water Extension Project.
Owners of properties that connect to the city water system during construction of
the water main across the property frontage or immediately after completion of
construction of the Ferncliff Water Main Extension Project shall pay the same
surcharge and shall have the same lump sum payment and bi-monthly service
charge options as those specified for properties served by the Ferncliff Water
Association as provided in Subsection C above.
3. Owners of properties governed by this subsection E that do
not connect during construction of the water main across the property frontage or
immediately after completion of construction of the Ferncliff Water Main
Extension Project, but that do so within three years of completion of construction,
shall pay the same surcharge, and shall have the same lump sum payment and bi-
monthly service charge options, as those specified for properties served by the
Ferncliff Water Association as provided in Subsection C above. In addition to
those charges, such owners shall pay all construction costs associated with a new
service connection, including but not limited to, the cost of the water main tap,
service line, and meter.
4. Owners of properties governed by this subsection E that
choose to connect more than three years after completion of construction of the
Ferncliff Water Main Extension Project shall pay the surcharge established by
City Council resolution in a lump sum at the time of connection, together with all
construction costs associated with a new service connection, including but not
limited to, the cost of the water main tap, service line, and meter.
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F. The water surcharge provided by this section shall be in addition to
any water service charge or other fee or charge imposed by the City.
Section 2. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 3. Effective Date. This ordinance shall take effect and be in full force five (5)
days from its passage and publication as required by law.
PASSED BY THE CITY COUNCIL this 13th day of June, 2023.
APPROVED BY THE MAYOR this 13th day of June, 2023.
Brenda Fantroy-Johnson, Mayor
ATTEST/AUTHENTICATED:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: May 19, 2023
PASSED BY THE CITY COUNCIL: June 13, 2023
PUBLISHED: June 23, 2023
EFFECTIVE DATE: June 28, 2023
ORDINANCE NO. 2023-18
ATTACHED: Exhibit A
Exhibit B
EXHIBIT B
FERNCLIFF WATER EXTENSION SURCHARGE AREA PROPERTIES
FERNCLIFF WATER ASSOCIATION CONNECTIONS – 16 PARCELS (21 POTENTIAL)
Tax Parcel No. Owner Lot
4169-000-022-0201 ALLEN MARILYN V 022-02
4169-000-023-0002 LOVELL CYNTHIA L 023-00
4169-000-023-0101 DRURY ROBERT L & HANSON SIRRI J 023-01
4169-000-024-0209 DAY ROBERT W 024-02
4169-000-024-0308
FREEMAN GLEASON ALISON J & FREEMAN
GLEASON MATTHEW J 024-03
4169-000-024-0704
LAUKAITIS STEVEN J & TONDER
LAUKAITIS MARIANN 024-07
4200-000-001-0207 PROCTOR MARY ANN 001-02
4200-000-001-0306 VOGEL ALAN J & TROST DONNA E 001-03
4200-000-007-0003 HANRAHAN JEROME C & JANET E 007-00
4200-000-008-0002 BLISS GARRISON & SUZANNE WU 008-00
4200-000-013-0005 FERNCLIFF BRIDGE LLC 013-00
4200-000-003-0304 BEACH KENNETH C & MURIEL J TRUSTEES 003-03
4169-000-022-0409 ZOCHER JOYCE ELAINE 022-04
4169-000-022-0508 WEEDING DAVID EUGENE & MARY GERBER 022-05
4200-000-012-0105 VALLARINO JUAN TRUSTEE & VALLARINO 012-01
4169-000-022-0300 GERBER KEVIN J TRUSTEE 022-03
CASEY STREET SYSTEM CONNECTIONS – 8 PARCELS (NO ADDITIONAL CONNECTIONS)
Tax Parcel No. Owner Lot
232502-3-001-2001 BRUNTON JANE E 3-001
4169-000-025-0208 HUMPHREY MARIELA C & LABAIED MEHDI 025-02
4169-000-025-0307 SCHULZE MILES G & WANDA B 025-03
4169-000-025-0406
BERGAU RYAN KAWIKA & LEE KATHRYN
NICHOLE 025-04
4169-000-025-0505 HALLIGAN SEAN M 025-05
232502-3-052-2009 GLAHN LEO M & SHERRY W CO TRUSTEES 3-052
232502-3-053-2008 ADAMS ANGELA KAY 3-053
232502-3-054-2007 MACKENZIE ROGER ANTHONY 3-054
FUTURE CONNECTIONS – 30 EXISTING PARCELS (47 MAXIMUM POTENTIAL CONN.)
Tax Parcel No. Owner Lot
4143-000-018-0000 ALLEN JOHN R 018-00
4143-000-018-0109 AMIS DOROTHY 018-01
4200-000-002-0008 SINGLETON JERED L & SARAH 002-00
232502-3-008-2004 HEBNER KEVIN T 3-008
232502-3-040-2004 BRODERSEN RICHARD C & LISA E 3-040
4143-000-018-0000 ALLEN JOHN R 018-00
4143-000-018-0109
GACIOCH STANLEY J & DOMINIQUE A
HOFFMAN 018-01
4143-000-018-0208 GRAND CAROLE LLC 018-02
4143-000-018-0307 MOORE DAVID W & CHARLENE B 018-03
4143-000-018-0406 WHITSON RICHARD & ERIN 018-04
4143-000-018-0505
BURKE TAMAH & SAUSKOJUS RODERICK
JTWROS 018-05
4143-000-018-0604 ALLOIN JACQUES L 018-06
232502-3-038-2008 RIVERA ROMEO E 3-038
232502-3-041-2003 HEBNER KEVIN T 3-041
4169-000-022-0003 BAUER GARY J 022-00
4169-000-025-0109 MCGEE SEAMUS M 025-01
4200-000-002-0008 SINGLETON JERED L & SARAH 002-00
4200-000-004-0006 MARTENS JAMES E & OLGA 004-00
4200-000-005-0005 UPDEGROVE THERESA J & RICHARD 005-00
4200-000-010-0008 HAMBY SHANE & RACHEL 010-00
4200-000-003-0205 SMITH TIMOTHY WILLIAM 003-02
4169-000-025-0604 BUTLER BRADLEY J 025-06
232502-3-060-2009 KILLIAN ROBERT H & VIDA A 3-060
232502-3-061-2008 TANAKA EMMY 3-061
4169-000-026-0405 MACKAY T JR & LEONA H TRUSTEES 026-04
4200-000-015-0102 BENSON BERNARD M 015-01
4169-000-025-0703 SCHULZE MILES G & WANDA B 025-07
232502-3-072-2005 SUTTON DWIGHT & EDITH TRUSTEES 3-072
232502-3-073-2004 SUTTON DWIGHT & EDITH TRUSTEES 3-073
232502-3-079-2008 SUTTON DWIGHT & EDITH TRUSTEES 3-079