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1231 - Ordinance - Establising Utility Local Improvement District No. 1CITY OF PORT ORCHARD, WASHINGTON ORDINANCE NO. AN ORDINANCE ordering the carrying out of the plan for additions to and betterments and extensions of the Waterworks Utility of the City as specified and adopted by Ordinance No. 1220, all in accordance with Resolution No. 1290 of the City Council; and establishing Utility Local Improvement District No. 1. WHEREAS, the City of Port Orchard, Washington (the "City"), by Ordinance No. 823, passed March 10, 1969, provided that the system of sewerage of the City, including all additions, exten- sions and betterments thereto, should be considered as a part of and belonging to the waterworks utility of the City pursuant to the provisions of RCW 35.67.320 and such combined systems, including all additions thereto and betterments and extensions thereof, shall hereinafter be referred to as the Waterworks Utility of the City; and WHEREAS, by Ordinance No. 1220, passed November 22, 1982, the City Council adopted a system or plan of additions to and betterments and extensions of the Waterworks Utility of the City, declared the estimated cost thereof as near as may be, authorized the issuance and sale of water and sewer revenue bonds in the principal sum of approximately $7,800,000 to pro- vide a part of the funds to carry out such system or plan, created a special construction fund to be known and designated as the "Wastewater Facility Improvement Construction Fund," and authorized the issuance of interest -bearing warrants drawn upon such construction fund pending the sale of the revenue bonds, or, in lieu thereof, short-term obligations; and WHEREAS, by Resolution No. 1290, adopted February 28, 1983, the City Council declared its intention to initiate the forma- tion of a utility local improvement district to carry out the plan for additions to and betterments and extensions of the Waterworks Utility of the City as specified and adopted by Ordinance No. 1220, and fixed April 4, 1983, at 7:30 p.m., local time, in the South Kitsap High School auditorium as the time and place for hearing all matters relating to the proposed improve- ment and all objections thereto and for determining the method of payment for the improvement; and WHEREAS, Kramer, Chin & Mayo, consulting engineers for the City, caused an estimate to be made of the cost and expense of the proposed improvement and certified that estimate to the City Council, together with all papers and information in his posses- sion touching the proposed Improvement, a description of the boundaries of the proposed utility local improvement district (the "District"), a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed District, a statement in detail of the local improvement assessments outstanding or unpaid against the prop- erty in the proposed District, and a statement of the aggregate actual valuation of the real estate, including 25% of the actual valuation of the improvements in the proposed District, accord- ing to the valuation last placed upon it for the purpose of general taxation; and WHEREAS, that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts, parcels of land and other property which will be specially benefited by the proposed improvement and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property; and WHEREAS, due notice of the above hearing was given in the manner provided by law, and the hearing was held by the City Council on the date and at the time above mentioned, and all objections to the proposed improvement have been duly considered - 2 - and overruled by the City Council, and all persons appearing at such hearing and wishing to be heard were heard; and WHEREAS, a January 31, 1983 Intergovernmental Contract for Wastewater Facilities Management between the City of Port Orchard and Sewer District No. 5, Kitsap County, provides for formation of a Utility Local Improvement District and the issuance of bonds, and provides thereby for the sharing of construction costs of certain Joint Facilities including those described below; and WHEREAS, the County Health Officer for Kitsap County, who is the health officer for the City, has filed with the City Council a report showing the necessity of the improvements to be provided by the proposed District; and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvement as hereinafter described be carried out and that the District be created in connection therewith; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN as follows: Section 1. The City Council of the City of Port Orchard, Washington (the "City"), orders the carrying out of the plan for additions to and betterments and extensions of the Waterworks Utility of the City by the improvement of the existing waste- water transmission, treatment and discharge facilities serving the City and Sewer District No. 5, Kitsap County, Washington (the °Sewer District"), and capable of serving other areas as may in the future be so served as called for in the Sinclair Inlet Sewerage Plan dated June, 1976, by the: 1. Conversion of the existing City primary treat- ment plan in downtown to a 7.5 mgd capacity sewage pump station; 2. Construction of a new 18-inch diameter, 8,000 foot long sewage force main from the new Port Orchard Marina pump station to the site of the - 3 - existing primary treatment plant operated by the Sewer District at Retsil; 3. Construction of a new 2.8 mgd average wet weather flow capacity secondary treatment plant at the site of the existing Sewer District facility; 4. Construction of a new 36-inch diameter treated effluent outfall pipe approximately 2,000 feet into Sinclair Inlet with a multi -port diffuser; and 5. Relocation of the Sewer District office. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by Kramer, Chin & Mayo, consulting engineers, and may be modified by the City Council as long as such modification does not affect the purpose of the improvement. Section 2. There is created and established a utility local improvement district to be called Utility Local Improve- ment District No. 1 of the City of Port Orchard, Washington (the "District"), the boundaries or territorial extent of which Dis- trict being more particularly described in Exhibit A, attached hereto and by this reference incorporated herein. Section 3. The total estimated cost and expense of the improvement is declared to be $15,000,000 and approximately $7,200,000 of the cost and expense shall be paid from grant funds now anticipated to be received from the State of Washington, Department of Ecology, and the balance of such cost and expense shall be borne by and assessed against the property specially benefited by such improvement included in the District embracing as nearly as practicable all property specially bene- fited by such improvement, which assessments shall be for the sole purpose of payment into a bond redemption fund for the pay- ment of water and sewer revenue bonds to be issued by the City. Section 4. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods - 4 - to compute assessments which may be deemed to fairly reflect the special benefits to the properties being assessed. Section 5. The special assessments to be levied and assessed upon the properties within the District shall be paid in equal annual installments with interest at a rate to be hereafter fixed by ordinance. In the case of default in the payment of any assessment when the same shall become due, there shall be added interest at a rate to be hereafter fixed by ordinance and a penalty to be so fixed which shall also be collected. Section 6. The City Council finds that the improvements to be provided by the District are necessary for the protection of the public health and safety. PASSED by the City Council and APPROVED by the Mayor of the City of Port Orchard, Washington, at a regular open public meet- ing thereof, this llth day of April, 1983. Lee F. Caldwell Mayor ATTEST: R. G. 1loyd City CPrk APPROVED AS TO FORM: City Attorney - 5 - I, ROBERT G. LLOYD, City Clerk of the City of Port Orchard, Washington, certify that the attached copy of Ordinance No. 1231 is a true and correct copy of the original ordinance passed on the llth day of April, 1983, as that ordinance appears on the Minute Book of the City. DATED this 11th day of _ 0252p April ROBERT G. LLOYD City Clerk 1983.