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ORD 90-05 IMPROVEMENT BETWEEN MADISON AVE AND FERNCLIFFORDINANCE NO. 90- 05 AN ORDINANCE ordering the improvement of High School Way between Madison Avenue and Ferncliff Avenue within and without the City in accordance with Resolution No. 90-01 of the City Council; establishing Local Improvement District No. 13 and ordering the carrying out of the proposed improvement; providing that payment for the improvement be made in part by special assessments upon the property in the District, payable by the mode of "payment by bonds"; and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds. WHEREAS, by Resolution No. 90-01 adopted January 4, 1990, the City Council declared its intention to order the improvement of High School Way between Madison Avenue and Ferncliff Avenue within and without the City, and fixed February 5, 1990, at 7:30 p.m., local time, in the Bainbridge Island Senior Center, 370 Bjune Drive Southeast, Winslow, Washington, as the time and place for hearing all matters relating to the proposed improvement and all objections thereto and for determining the method of payment for the improvement; and WHEREAS, Greg Roats of Roats Engineering, the consulting engineer, 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 possession touching the proposed improvement, a description of kjw/O125R -- 1 -- the boundaries of the proposed local improvement district which is comprised in part of unincorporated territory outside of the City's corporate limits and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district; 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 other property; and WHEREAS, due notice each lot, tract and parcel of land or 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 were duly considered and overruled by the City Council, and all persons appearing at such hearing and wishing to be heard were heard; 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 a local improvement district be created in connection therewith; NOW, THEREFORE, THE CITY COUNCIL ORDAIN as follows: Section 1. The OF THE CITY OF WINSLOW, WASHINGTON, DO City Council of the City of Winslow, kjw/O125R - 2 - Washington (the "City"), orders the properties in the area, both within described in Exhibit A attached hereto improvement of the and without the City, and by this reference made a part hereof, by the construction of improvements in and to High School Way between Madison Avenue and Ferncliff Avenue, as more particularly described in Exhibit B attached hereto and by this reference made a part hereof. All of the foregoing improvement shall be in accordance with the plans and specifications therefor prepared by Greg Roats of Roats Engineering, the consulting engineer, 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 local improvement district to be called Local Improvement District No. 13 of the City of Winslow, Washington (the "District"), the boundaries or territorial extent of particularly described in Exhibit A. 3. The total estimated Section improvement $201,521 of the District being more cost and expense of the is declared to be $1,475,540. Approximately the cost and expense shall be paid by the City 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 which embraces as nearly as practicable all property specially benefited by such improvement. kjw/O125R - 3 - Section 4. In accordance with the provisions of RCW 35.44,047, the City may use any method or combination of methods to compute assessments which may be deemed to fairly reflect the special benefits to the properties being assessed. Section 5. No property, any portion of which is outside the City but within the District, may connect to the sewer or water improvements constructed or made a part of the District unless either that property shall have been subject to the portion of the special assessment on the assessment roll for the District attributable to water or sewer improvements or the owners of that property shall have paid prior to such connection a charge in lieu of assessment (connection charge) which shall be at least the equivalent of the portion of the special assessment attributable to water or sewer improvements which would have been applied to that property had it been included within the District. Section 6. Local issued in payment of improvement district warrants may be the cost and expense of the improvement herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 13, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the City Clerk-Treasurer, kjw/0125R - 4 - as issuing officer, and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest-bearing warrants to be hereafter referred to as "revenue warrants." In the alternative, the City hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to Chapter 39.50 RCW. The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized and not redeemed in cash within twenty days after the expiration of the thirty-day period for the cash payment without interest of assessments on the assessment roll for the District. The bonds shall be redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of "payment by bonds," as defined by law and the ordinances of the City. The exact form, amount, date, interest rate and denominations of such bonds hereafter shall be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall determine. kjw/O125R - 5 - Section 7. In all cases where the work necessary to be done in connection with the making of such improvement is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work will be made in cash warrants drawn upon the Local Improvement Fund. Section 8. The Local Improvement Fund for the District is created and established in the office of the City Clerk- Treasurer. The proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and the collections of special assessments, interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvement and cash warrants in payment for all other items of expense in connection with the improvement shall be issued against the Local Improvement Fund. Section 9. Within fifteen days of the passage of this ordinance there shall be filed with the City Clerk-Treasurer the title of the improvement and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be kjw/O125R -- 6 -- LID #13 flIGtt SCltOOL WAY IHPROVEMENT PROGRAM "EXHIBIT DISTRICT BOUNDARY WITttlN KITSAP COUNTY 1-10-90 Page 3 That portion of the South one-half of the Southwest quarter of Section 23, Township 25 North, Range 2 East, W.M., Kitsap County, Washington more particularly described as follows: Beginnin~ at the South quarter corner of said Section 23; thence West along the South line of said Section 23 to the Westerly right of way of State Route 305; thence Northerly along said Westerly riaht of way to the North line of the South one-half of the South one-half of the Southwest quarter of said Section 23; thence East alon~ said North line to the Easterly right of way of State Route 305; thence Northerly along said Easterly riRht of way to the North line of the Southeast quarter of the Southwest quarter of said Section 23; thence East alon~ said North line to the Northeast corner of the Northwest quarter of the Southeast quarter of the Southwest quarter of said Section 23; thence South alon~ the East line of said subdivision to the Southwest corner of the North 20 feet of the Northeast quarter of the Southeast quarter of the Southwest quarter of said Section 23; thence East alon~ the South line of said North 20 feet to the North-South centerline of said Section 23; thence South along s~id centerline to the Point of Beginning. Except right of way for State Route 305, Ferncliff Ave. NE and High School Way NE. LID #13 HIGH SCIIOOL WAY LOCAL iMPROVEMENT DISTRICT 1-10-90 "EXHIBIT A" Page 1 DISTRICT BOUNDARY That portion of the Southwest quarter of Section 23, Township 25 North, Range 2 East, W.M., and the Northwest quarter of Section 26, Township 25 North, Range 2 East, W.M., all in Kitsap County, Washington more particularly described as follows: Beginning at the Southwest corner of said Section 23; thence East along the South line of said Section 23 to the Southeast corner of the West one-half of the Southwest quarter of the Southwest quarter of the Southwest quarter and the True Point 'of Beginning; thence North alon~ the East line of said subdivision to the Northeast corner of said subdivision; thence East along the North line of the South one-half of the South one-half of the Southwest quarter of said Section 23 to the Easterly right of way of State Route 305; thence Northerly along said right of way to the North line of the Southeast quarter of the Southwest quarter of said Section 23; thence East along said North line to the Northeast corner of the Northwest quarter of the Southeast quarter of the Southwest c~uarter of said Section 23; thence South alonK the East line of said Northwest quarter of the Southeast quarter of the Southwest quarter of said Section 23; thence South to the Southwest corner of the North 20 feet of the Northeast quarter of the Southeast quarter oE the Southwest quarter of said Section thence East alon~ the South line of said North 20 feet to the North-South centerline of said Section 23; thence South along said centerline to the quarter corner common to said Sections 23 and 26; thence South alon~ the east line of North 15 acres of the Northeast quarter of the Northwest quarter of said Section 26 to the Southeast corner of said North 15 acres; thence West along the South line of said North 15 acres to the East line of the Northwest quarter of the Northeast quarter of the Northwest quarter of said Section 26; thence North along said East line to a point on a line 495 feet South of and parallel with the North line off said Section 26; thence West along said parallel line to the Westerly right of way of State Route 305; thence Southerly along said Westerly right of way to a point on the North line of 'that portion of the Northwest quarter of the Northwest quarter of said Section 26 condemned for a s~wage lift station under Kitsap County Superior Court Cause No. 67515; thence West along said North line to the Northwest corner of the said condemned parcel; thence South alon~ the West line of said parcel to the Southwest corner of said condemned parcel; thence East along the South line of said condemned parcel to the Westerly right of way of State Route 305; thence South along said right of way to the South line of the North 30 feet of the Southwest quarter of the Northwest quarter of said Section 26; thence West along said South line to the Easterly right of way of trickson Avenue NE; thence North along said Easterly right of way to the North line of the South 30 feet of the Southeast quarter of the Northwest quarter of the Northwest quarter of said Section 26 also bein~ the Northerly right of way of Wallace Way NE; thence West along said South line to the West line of said Southeast quarter of the Northwest quarter of the Northwest quarter; thence North along said West line to the Northwest corner of said subdivision; thence West alon~ the South line of the Northwest quarter of the Northwest quarter of the Northw~sL.quart~_r_gf sa~-~0n ~ to.the West line"g~'~he'Eas[ 0ne-half of {he West three-quarters of the South one-third of the North one-half of the Northwest quarter of the Northwest quarter of said Section 26; thence North along said West line to the North line of the South 20 feet of the North two-thirds of the North one-half of the Northwest qauarter of the Northwest quarter of said Section 26; thence West along said North line to a line parallel to and 200 feet East of the West line of said Section 26; thence North along said parallel line to the North line of said Section 26; thence East along said North line to the True Point of Beginning. Except ri~ht of way for State Route 305, Ferncliff Avenue Northeast, |li~h School Way NE and trickson Avenue NE. LID #13 HIGH SCHOOL WAY IbtPROVEMENT PROGRAM 1-10-90 "EXHIBIT A" Page 2 DISTRICT BOUNDARY WITHIN WINSLOW CITY LIbIITS That portion of the Southwest quarter of Section 23, Township 25 North, Range 2 East, W.M. and the Northwest quarter of Section 26, Township 25 North, Range 2 East, W.M. all in Kitsap County, Washington more particularly described as follows: Beginnin~ at the Southwest corner of said Section 23;thence East along the South line of said Section 23 to the Southeast corner of the West one-half of the Southwest quarter of the Southwest quarter of the Southwest quarter of said Section 23 and the True Point of Beginning; thence North along the East line of said subdivision' to the Northerly right of way of High School Way NE and the True Point of Beginning; thence continuing North alon~ said East line to the Northeast corner of said subdivision; thence East alon~ the North line of the South one-half of the South one-half of the Southwest quarter of said Section 23 to the Westerly right of way of State Route 305; thence Southerly alon~ said Westerly right of way to the South line of said Section 23; thence East along said South Nine to the quarter corner common to said Sections 23 and 26; thence South alon~ the east line of North 15 acres of the Northeast quarter of the Northwest quarter of said Section 26 to the Southeast corner of said North 15 acres; thence West along the South line of said North 15 acres to the East line of the Northwest quarter of the Northeast quarter of the Northwest quarter of said Section 26; thence North along said East line to a point on a line 495 feet South of and parallel with the north line of said Section 26; thence West alon~ said parallel line to the Westerly right of way of State Route 305; thence Southerly along said Westerly right of way to a point on the North line of that portion of the Northwest quarter of the Northwest quarter of said Section 26 condemned for a sewage lift station under Kitsap County Superior Court Cause No. 67515; thence West along said North line to the Northwest corner of the said condemned parcel; thence South along the West line of said parcel to the Southwest corner of said condemned parcel; thence East along the South line of said condemned parcel to the Easterly right of way of State Route 305; thence South alon~ said right of way to the South line of the North 30 feet of the Southwest quarter of the Northwest quarter of said Section 26; thence West along said South line to the Easterly right of way of Erickson Avenue NE; thence North alon~ said Easterly right of way to the North line of the South 30 feet of the Southeast quarter of the Northwest quarter of the Northwest quarter of said Section 26 also bein~ the Northerly right of way of Wallace Way NE; thence West alon~ said South line to the West line of said Southeast quarter of the Northwest quarter of the Northwest quarter; thence North alon~ said West line to the Northwest corner of said subdivision; thence West alon~ the South line of the Northwest quarter of the Northwest quarter of the Northwest quarter of said Section 26 to the West line of the East one-half of the West three-quarters of the South one-third of the North one-half of the Northwest quarter of the Northwest quarter of sa~d Section 26; thence North along said West line to the North line of the South 20 feet of the North two-thirds of the North one-half~ of the Northwest qauarter of the Northwest quarter of said Section 26; thence West along said North line to a line parallel to and 200 feet East of the West line of said Section 26; thence North along said parallel line to the North line of said Section 26; thence East along said North line to the True Point of Beginning. Except the right of way of State Route 305, Ferncliff Ave. NE, High School Way NE and Erickson Ave. NE. "EXHIBIT B" Project Description The project is to consist of the wideninE of High School Road from 2 lanes to 3 lanes from Madison Avenue to Ferncliff Avenue. The project will include construction of-water, sanitary sewer, storm sewer, underground power and underground telephone. Concrete curb, gutter and sidewalk will be constructed on both sides of the road the length of the project as well as landscaping within the right of way. Storm drainage-pipes will also be constructed downstream from Sakai's Pond, under High School Road and under SR 305. specially benefited thereby and the estimated cost and expense of such improvement to be borne by each lot, tract or parcel of land. The City Clerk-Treasurer immediately shall post the proposed assessment roll upon her index of local improvement assessments against the properties affected by the local improvement. Attest/Authenticated: City Clerk-Treasurer Approved: /' I./~ ~S~m'~Granato, Mayor Approved as to Form: Rod P. Kaseguma, City Attorney Passed by the City Council: February 15, 1990 Approved by the Mayor: February 15, 1990 Publication Date: February 21, 1990 Posting Date: February 21, 1990 Effective Date: February 26, 1990 Ordinance No. 90-05 kjw/O125R - 7 - I, DONNA JEAN Winslow, Washington, Ordinance No. 90-05 ordinance passed on the 15thday of February, ordinance appears on the Minute Book of the City. DATED this 15th day of February, 1990. BUXTON, City Clerk-Treasurer of the City of certify that the attached copy of is a true and correct copy of the original 1990, as that DONNA J~ BI/XTON City Clerk-Treasure~ kjw/01251~ - 8 -