HomeMy WebLinkAbout2819 Water and Sewer Connection Charges Along a Portion of Mason Street (Hensel Subdivision)Ordinance No. 2819
AN ORDINANCE OF THE CITY OF PORT TOWNSEND ESTABLISHING
ADDITIONAL LOCAL FACILITY CONNECTION CHARGES FOR
REIMBURSEMENT OF COST FOR CONSTRUCTION OF A SANITARY
SEWER SYSTEM AND WATER SYSTEM, AND CREATING LOCAL
FACILITY CHARGES FOR CERTAIN LOTS ON MASON STREET BETWEEN
CAROLINE STREET AND COOK AVENUE
WHEREAS, the City constructed certain water and sewer improvements in Mason
Street between Caroline Street and Cook Avenue in connection with the construction of street
improvements by the developer of the Hensel (formerly Crist) Subdivision. The Hensel
(formerly Crist) Subdivision was required as a condition of plat approval to improve Mason
Street for access to the subdivision. The approval did not, and could not legally, require the
developer to provide water and sewer improvements in the Mason Street ROW, because the
water and sewer improvements in Mason Street were not necessary for the Hensel subdivision.
To avoid subsequent cutting into the street surface to install water and sewer improvements
(which improvements would normally be installed at the same time as the street
improvements), the City Public Works and City Manager determined to install the water and
sewer improvements at the same time the developer built the street in order to protect the
street. Cutting into the street later to install water and sewer lines would adversely affect the
street surface and shorten the life of the surface.
WHEREAS, by authority of chapter 35.92 RCW, and in particular RCW 35.92.025,
the City may charge property owners seeking to connect to sewer systems or water systems of
the City as a condition to granting the right to so connect, in addition to the cost of such
connection, such reasonable connection charges as the City shall determine proper in order
that such property owner shall bear their equitable share of the cost of construction of such
system. The equitable share may include interest charges applied from the date of construction
of the water or sewer improvements (not to exceed ten percent per year).
WHEREAS, the local facility connection charges set by this ordinance are for
financing the local area improvements on Mason Street that would typically be built by a
developer, and are not part of the City's primary utility system. The owners of properties that
are identified in this ordinance as having benefited by these improvements would have been
responsible for all or part of the improvements in the normal course of development or
utilization of their property. The special connection charges are separate from and in addition
to the system development charges the City already has in place (and which the property
owners would pay on connection according to the rate in effect at the time of connection), and
are separate from and in addition to monthly service charges.
WHEREAS, the connection charges set by this ordinance would pro rate the cost to
the City to install water and sewer improvements in the Mason Street right-of-way (ROW)
among the lots benefiting by the installation of the improvements.
Page 1 Ordinance 2819
WHEREAS, the pro-rata share of the design and construction cost is to be distributed
to the said properties identified in "Exhibit A" based on the number of lots served by the
improvements as set forth below in Section 1, which the City Council finds fair and equitable.
WHEREAS, the total cost to the City of the water and sewer improvements is set forth
in Section 1.
The properties that would be benefited by the installation of the improvements are
legally described on attached Exhibit A and are shown on the map attached as Exhibit B.
WHEREAS, City Council determines it appropriate to base interest on 3 year average
city investment rate, which equals 5.19%.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Pursuant to RCW 35.92.025, the property owners for those properties
identified in "Exhibit A" and shown on "Exhibit B," prior to connection to the City's sanitary
sewer system and/or water system shall be required to pay, in addition to any other applicable
connection fees, the amount set forth in the following table upon being connected pursuant to a
building permit, plus 5.19 per cent per year simple interest, from October 15, 2002 (the date
of payment by the City for the improvements), until paid. For example, if a building permit
applies to two lots described on Exhibit A, then the connection charge would be two times the
amount shown above in this section, plus interest.
UTILITY EXTENSION TOTAL AMOUNTS
Sewer $13,961.04
Water $13,235.67
Engineering
TOTAL
$ 2,308.50
$29,505.21
A. Fourteen Lots (or portions of lots) identified as Block 39, Lots 18 through 20 and
22 through 25; and Block 49, Lots 3 through 9 will be charged as follows:
UTILITY EXTENSION AMOUNT
Sewer $ 872.56
Water $ 945.40
Engineering
TOTAL EACH
$ 153.90
$1,971.86
Page 2 Ordinance. 2819
B. Two Lots (or portions of lots) idemified as Block 39, Lots 16 and 17 will be
charged as follows:
UTILITY EXTENSION AMOUNT
Sewer $ 872.56
Engineering
TOTAL EACH
$ 76.95
$949.51
SECTION 2. Notice of these connection charges will be recorded in the office of the
Jefferson County Auditor for each of the properties identified in "Exhibit A."
SECTION 3. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of
the provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law.
Pamela Kolacy, CMC, City Clerl~
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting there°f' held this 4th day °f m°vember' 2002' ('~x~~?,~~Kees ~ol
Attest: Approved as to Form:
John P. Watts, City Attorney
Page 3 Ordinance. 2819
EXHIBIT A
Properties Benefited by Mason Street Sewer and Water Improvements
Marson: Lots 16 through 20 and Lots 22 through 25, inclusive, Block 39,
Fowler's Park Addition to the City of Port Townsend, as per plat recorded
in Volume 2 of Plats, page 16, records of Jefferson County, Washington.
Tax parcel number 951903902.
The Seaview Fowler Park Mountain View Properties: Lots 3 through
9, Block 49, Fowler's Park Addition to the City of Port Townsend, as per
plat recorded in Volume 2 of Plats, page 16, records of Jefferson County,
Washington. Tax parcel number 951904904.
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