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ORD 94-25 LID 15 ASSESSMENTSORDINANCE NO. 94- 25 AN ORDINANCE of the City of Bainbridge Island, Washington, approving and confirming the assessments and assessment roll of Local Improvement District No. 15 for the improvement of Alder Avenue N.E. between Dingley Road and Wing Point Way N.E. and Dingley Road between Cherry Avenue N.E. and Park Avenue N.E. by the construction and installation of water lines, on-site and off-site storm water facilities, and streets, including grading, paving, lighting and underground power lines, as provided by Ordinance No. 91-39, and levying and assessing the cost and expense thereof against several lots, tracts, parcels of land and other property as shown on the assessment roll. WHEREAS, the assessment roll levying the special assessments against the property located in Local Improvement District No. 15 in the City of Bainbridge Island, Washington (the "City"), has been filed with the City Clerk as provided by law; and WHEREAS, notice of the time and place of hearing thereon and making objections and protests to the roll was published at and for the time and in the manner provided by law fixing the time and place of hearing thereon for the 6th day of October, 1994, at the hour of 7:00 p.m., local time in The Commons Multi -Purpose Room, 402 B'June Dr., Bainbridge Island, Washington, and further notice thereof was mailed by the City Clerk to each property owner shown on the roll; and WHEREAS, at the time and place fixed and designated in the notice the hearing was held, all written protests received were considered and all persons appearing at the hearing who wished to be heard were heard, and the City Council, sitting and acting as a Board of Equalization for the purpose of considering the roll and the special benefits to be received by each lot, parcel and tract of land shown upon such roll, including the increase and enhancement of the fair market value of each such parcel of land by reason of the improvement, overruled all such protests; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN as follows: Section 1. The assessments and assessment roll of Local Improvement District No. 15 which has been created and established for the purpose of improving of Alder Avenue N.E. between Dingley Road and Wing Point Way N.E. and Dingley Road between Cherry Avenue N.E. and Park Avenue N.E. by the construction and installation of water lines, on-site and off- site storm water facilities, and streets, including grading, paving, lighting and underground ORDINANCE CONFIRMING ASSESSMENT ROLL F:\DMS\RPK\0069910.01 10/18/94 - 1 - site storm water facilities, and streets, including grading, paving, lighting and underground power lines, as provided by Ordinance No. 91-39, as the same now stand, shall be and the same are approved and confirmed in the total amount of $401,491. Section 2. Each of the lots, tracts, parcels of land and other property shown upon the assessment roll is determined and declared to be specially benefited by this improvement in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing upon the roll. There is levied and assessed against each lot, tract or parcel of land and other property appearing upon the roll the amount finally charged against the same thereon. Section 3. The assessment roll as approved and confirmed shall be filed with the City Clerk for collection and the City Clerk is authorized and directed to publish notice as required by law stating that the roll is in her hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at any time within thirty days from the date of first publication of such notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in 15 equal annual installments together with interest. The estimated interest rate is stated to be 7 . 2 0 % per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement bonds for Local Improvement District No. 15. The first installment of assessment on the assessment roll shall become due and payable during the thirty -day period succeeding the date one year after the date of first publication by the City Clerk of notice that the assessment roll is in her hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessment remains unpaid after the first thirty - day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the thirty -day period during which such installment is due and payable shall thereupon become delinquent, and shall be subject to penalties and interest in accordance with Section 3.48. 100 of the Bainbridge Island Municipal Code. The collection of such delinquent installments shall be enforced in the manner provided by law and Section 3.48.110 of the Bainbridge Island Municipal Code. Section 4. All or any lesser amount of an assessment shall be deemed to have been paid if during the initial 30 -day period during which assessments may be paid without interest the City receives payment of 90.5% of the amount intended to be paid. The percentage deduction represents a return to the property owners of the contribution of Local Improvement District No. 15 to the LID Guaranty Fund (for bonds) made unnecessary because of the prepayment of assessments. PASSED by the City Council this 20th day of October, 1994. ORDINANCE CONFIRMING ASSESSMENT ROLL F:\DMS\RPK\0069910.01 10/18/94 -2 - I, SUSAN KASPER, City Clerk of the City of Bainbridge Island, Washington, certify that the attached copy of Ordinance No. 94- 25 is a true and correct copy of the original ordinance passed on the 2 0 t h day of October, 1994, as that ordinance appears on the Minute Book of the City. DATED this 21 s t day of October, 1994. Cit Clerk ORDINANCE CONFIRMING ASSESSMENT ROLL F:\DMS\RPK\0069910.01 10/18/94 -4 - APPROVED by the Mayor this 21 s t day of October, 1994. Mayor ATTEST/AUTHENTICATE: Z"'..' 6) "C" City Clerk APPROVED AS TO FORM: City Attorney FILED WITH THE CITY CLERK: October 18, 1994 PASSED BY THE CITY COUNCIL: October 20, 1994 PUBLISHED: October 26, 1994 EFFECTIVE DATE: October 31, 1994 ORDINANCE NO.: 9 4 - 2 5 ORDINANCE CONFIRMING ASSESSMENT ROLL F:\DMS\RPK\0069910.01 10/18/94 - 3 - L.I.D. 15 (ALDER STREET) SHARES FOR FINAL ASSESSMENT ROLL PARCEL PARCEL NUMBER OWNER STREET WATER SEWER DRAIN 1 Jones, R. 0.50 2 Lamping, B. 0.50 3 Berman, R. 1.00 1.00 1.00 4 Lamping, B. 1.00 1.00 1.00 1.00 5 Cain, T. 1.00 1.00 1.00 1.00 6 Cain, T. 1.00 1.00 1.00 1.00 7 Williams, J. 1.00 8 Nelson, T. 1.00 1.00 1.00 1.00 9 Merchant, M. 1.00 10 Nelson, T. 1.00 1.00 1.00 1.00 11 Merchant, M. 1.00 1.00 1.00 1.00 12 McCann 1.00 1.00 1.00 1.00 13 Schurman, D. 1.00 1.00 1.00 1.00 14 Cain, T. 1.00 1.00 1.00 1.00 15 Heyworth 1.00 1.00 1.00 1.00 16 Healy, J.D. 1.00 1.00 1.00 17 Heyworth 1.00 1.00 1.00 1.00 18 Kowalski 1.00 1.00 1.00 1.00 19 Heyworth 1.00 1.00 1.00 1.00 20 Gamley, A. 1.00 1.00 1.00 1.00 21 Hughes, C. 1.00 1.00 1.00 1.00 22 Hanson, R. 0.33 1.00 23 Nevenski/Jarosak 0.33 0.50 24 Rogers 0.33 0.50 TOTAL SHARES : ---- 15.00 ---- 18.00 ---- 17.00 ---- 22.00 25 Triad 0.00 0.00 0.00 41.0% 01 -Sep -94 L.I.D. 15 (ALDER STREET) ASSESSMENTS FOR FINAL ASSESSMENT ROLL PARCEL OWNER STREET WATER SEWER DRAIN TOTAL Jones, R. $0.00 $0.00 $0.00 $2,556.22 $2,556.22 Lamping, B. 0.00 0.00 0.00 2,556.22 2,556.22 Berman, R. 0.00 3,627.64 2,274.57 5,112.45 11,014.66 Lamping, B. 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 Cain, T. 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 Cain, T. 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 Williams, J. 0.00 0.00 0.00 5,112.45 5,112.45 Nelson, T. 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 Merchant, M. 0.00 0.00 0.00 5,112.45 5,112.45 Nelson, T. 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 Merchant, M. 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 McCann 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 Schurman, D. 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 Cain, T. 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 Heyworth 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 Healy, J.D. 0.00 3,627.64 2,274.57 5,112.45 11,014.66 Heyworth 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 Kowalski 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 Heyworth 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 Gamley, A. 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 Hughes, C. 7,126.17 3,627.64 2,274.57 5,112.45 18,140.83 Hanson, R. 0.00 1,209.09 0.00 5,112.45 6,321.54 Nevenski/Jarosak 0.00 1,209.09 0.00 2,556.22 3,765.31 Rogers 0.00 1,209.09 0.00 2,556.22 3,765.31 Triad 78,159.76 78,159.76 $106,892.59 $65,297.14 $38,667.71 $190,633.56 $401,491.00 $401,491.00 01—Sep-94