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ORD 92-21 WATER LINES FOR VALLEY VUE WATER SYSTEMORDINANCE NO. 92-21 AN ORDINANCE of the City of Bainbridge Island, Washington, ordering the construction and installation of water lines and appurtenances in the Valley Vue Water System area of the City; establishing Local Improvement District No. 16 and ordering the carrying out of the proposed improvement; providing that payment for the improvement be made 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, the City Council, by Resolution No. 92-26 adopted May 21, 1992, declared its intention (pursuant to property owners' petition) to order the improvement of the properties served by the Valley Vue Water System by the construction and installation of water lines and appurtenances, and fixed July 2, 1992, at 9:00 p.m., local time, in the Fire District multi- purpose room, 8895 Madison Avenue, Bainbridge Island, 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 improvements; and WHEREAS, due notice of the hearing was given in the manner provided by Resolution No. 92-26, and the hearing was held by the City Council on the date and at the time above mentioned, and all persons appearing at such hearing and wishing to be heard were heard and all objections were considered and overruled by the City Council; and WHEREAS, Kato and Warren, Inc., the City's 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 its possession touching the proposed improvement, a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvements should be borne by the property within the proposed improvement 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 each lot, tract and parcel of land or other property; and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvement described below be carried out and that a local improvement district be created in connection with the improvement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN as follows: F:\DMS\RPK\0010625.01 07/20/92 - 1 - Section 1. The City Council orders the construction and installation of approximately 1320 feet of six or eight-inch diameter water line, together with fire hydrants, service lines and appurtenances to serve the properties in the service area of the Valley Vue Water System, all as more particularly described in Exhibit B attached hereto and by this reference incorporated herein. All of the improvements shall be in accordance with the plans and specifications prepared by the City's 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. 16 of the City of Bainbridge Island, Washington (the "District"), the boundaries or territorial extent of the District being more particularly described on 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 $128,327.00. The entire cost and expense of the improvement shall be borne by and assessed against the property specially benefited by the improvement included in the District, which embraces as nearly as practicable all property specially benefited by the improvement. 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 outside of the District may connect to the improvements of the District unless that property shall have paid prior to such connection a charge in lieu of assessment which shall be equal to the highest assessment for a nonduplex lot within the District. No property inside of the District that is not connected immediately to the improvements of the District may connect to the improvements of the District thereafter unless that property shall have paid prior to such connection the assessment for the property plus a charge in lieu of assessment, the total of which shall be equal to the highest assessment for a nonduplex lot in the District. Section 6. Local improvement district warrants may be issued in payment of 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. 16, 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 Director of Finance and Administrative Services, 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 to 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 F:\DMS\RPK\0010625.01 07/20/92 - 2 - 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 of assessments without interest 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 shall be hereafter fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council shall hereafter determine. Section 7. In all cases where the work necessary to be done in connection with the making of the 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. There is created and established in the office of the Director of Finance and Administrative Services for the District the Local Improvement Fund, into which fund shall be deposited the proceeds from interfund loans and the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and collections pertaining to assessments, and against which fund shall be issued cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvement, and against which fund cash warrants shall be issued in payment for all others items of expense in connection with the improvement. Section 9. Within fifteen (15) days of the passage of this ordinance there shall be filed with the Director of Finance and Administrative Services 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 the lots, tracts and parcels of land that will be specially benefited by the improvement thereby and the estimated cost and expense of the improvement to be borne by each lot, tract or parcel of land. The Director of Finance and Administrative Services shall immediately post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvement. Section 10. This ordinance shall take effect and be in force five days from and after its passage, approval, publication, and posting as required by law. PASSED by the City Council this 2nd day of July, 1992. APPROVED by the Mayor this 21stday of July, 1992. Sam J)~a'nato, Mayor F:\DMS\RPK\0010625.01 07/20/92 - 3 - ATTEST/AUTHENTICATED: ~er, City Cler~'~'// APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney Passed by the City Council: July 2, Approved by the Mayor: July 21, Publication Date: July 28, 1992 Posting Date: July 28, 1992 Effective Date: August 3, 1992 1992 1992 F:\DMS\RPK\0010625.01 07/20/92 -4- EXHIBIT A 060 2276--A UNK 064 2276-B 016 015 019 017 2276--C 065 02J 025 027 0,2Z 022 029 NE H/OH 047 059 [ 2278-D 2446--A 024 026 028 050 l SCHOOL 28118-8 28118-O 048 007 049 2446--B 244-6--C 244.6-D 051 572-A 05J 572--C 5982-1 3982-2 052 RI Legal Description: That portion of Section 22, Township 25 North, Range 2 East, W.M.,' KitsapCounty, Washington, more particulary described as follows: The Southwest quarter of theSouthwest quarter of the Southwest quarter. Valley Vue Water System Proposed Improvements EXHIBIT B The improvements include the installation of an eight-inch diameter water main approximately 1320 feet long, fire hydrants and service lines and appurtenances necessary to provide service to the properties served by the Valley Vue Water District. The line is a looped line that begins approximately 330 feet east of the intersection of Sands Avenue N.E. and N.E. High School Road; heads northerly from the N.E. High School Road main approximately 500 feet; then east approximately 320 feet then south approximately 50 feet to another connection to the N.E. High School Road line. The improvements also includes a temporary two-inch diameter emergency connection with appurtenances. c: ',wp5 1 \e, ng. pq'~lid 16'~xhib. ~