HomeMy WebLinkAbout50-95 - Res. Rustlewood Waste & Sewage System RESOLUTION 50-95
RUSTLEWOOD WATER & SEWAGE SYSTEM
A RESOLUTION OF THE MASON COUNTY BOARD OF COMMISSIONERS PROVIDING
A REPAYMENT FEE AND SCHEDULE FOR PAST USAGE OF MONIES COLLECTED
FROM THE PROPERTY OWNERS AT HARTSTENE POINTE AND USED AT
RUSTLEWOOD.
WHEREAS, Resolution No. 1106 was adopted on January 7th, 1980
creating a fund to be called the "Combined Sewer and Water Fund"
and to transfer all monies in the Beards Cove Water Fund,
Rustlewood Sewer and Water Fund and the Hartstene Sewer and Water
Fund to the Combined Sewer and Water Fund after all outstanding
warrants have been paid from the three funds; and,
WHEREAS, the Mason County -Department of Public Works was charged
with the accounting of all receipts and expenditures and to keep
subsidiary accounts for each and every sewer and water function
as now exists or may be added in the future, all in accordance
with directives of the State Auditor; and,
WHEREAS, in December, 1992 , the Hartstene Pointe Homeowners
Association contacted Mason County and expressed their concern
for the use of their monies in financing projects at Rustlewood
for which they were not reimbursed; and,
WHEREAS, the Mason County Board of Commissioners has sole legal
authority to manage the CS$W Fund; and,
WHEREAS, the funds collected from each group of ratepayers can
only be used for the benefit of that group of ratepayers; and,
WHEREAS, a review of revenues and expenditures of the Combined
Sewer and Water Fund for a period beginning January 1, 1984 and
continuing through July 31, 1994 has been conducted; and,
WHEREAS, the review shows that Rustlewood property owners do have
a financial obligation to the Hartstene Pointe property owners in
the amount of $113 , 557 . 00; and
WHEREAS, the Board of County Commissioners have directed the
Department of Community Development to develop the monthly fee
whereby repayment would occur over a maximum five year period
which would start within 90 days from the date this resolution is
formally adopted by the Board. Repayment begins on September 1,
1995 .
BE IT HEREBY RESOLVED that a fee of $11 . 33 per month is
established for each property owner in Rustlewood. Said funds to
be paid monthly in addition to the existing Rustlewood Water and
Sewer System rates established in Resolution No. 113-92 . The
Board also agrees that the property owners in Rustlewood have the
option for making a cash payoff before the five year period
concludes . The following shows the applicable breakdown:
YEAR PRINCIPAL LOTS AMOUNT MONTHS MONTHLY
/NO INTEREST FEE
5 YRS . $113 , 557 167 $679 . 98 60 $11 . 33
BE IT FURTHER RESOLVED that it is the responsibility of each
Rustlewood property owner to submit monthly his/her payment as
part of his/her monthly sewer and water payment . All delinquent
charges shall be a lien against the property owner. Delinquent
charges shall be certified to the County Treasurer whenever said
charges have been delinquent for a period of 60 days and a lien
may be filed by the County. Upon the expiration of 60 days after
the attachment of the lien, the County may bring suit in
foreclosure by civil action in the Superior Court of Mason
County. In addition to the costs and disbursements provided by
statute, the court may allow the County reasonable costs and
attorney' s fees . The lien shall be foreclosed in the manner as
the foreclosure of real property tax liens, RCW 36 . 94 . 150 .
ADOPTED by the Mason County Board of Commissioners this 16 day of
May, 1995 .
i BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHING ON
APPROVED AS TO FORM:
Chairperson
Prosecuting Attorney Rt
ATTEST: Commissioner/
w
Clerk of the Board �.��! CommisgAoh:er V'
(debt)