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ORD 95-09 IMPROVEMENTS TO JUSTIN COURTORDINANCE NO. 9~-09 AN ORDINANCE of the City of Bainbridge Island, Washington, ordering the improvement of N.E. Justin Court by asphalt paving and gravel shoulders, pursuant to property owners' petition therefor; establishing Local Improvement District No. 18 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, a petition for the creation of a local improvement district to provide for the improvement of N.E. Justin Court by asphalt paving and gravel shoulders, all of the cost thereof to be borne by the property included in the local improvement district and benefited by those improvements, was filed with the City Clerk; and WHEREAS, the City's Consulting Engineer has 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 infonnation in the City Consulting Engineer's 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, by Resolution No. 95-02 adopted February 16, 1995, fixed March 16, 1995, at 7:00 p.m., in the Bainbridge Commons, Multi-Purpose Room, 402 B June Drive S.W., Bainbridge Island, Washington, as the time and place for heating all matters relating to the proposed improvement and all objections thereto and for determining the method of payment for the improvements; and WHEREAS, the heating was continued to April 6, 1995 at the same time and place, and was held as scheduled; and WHEREAS, due notice of the above hearing was given in the manner provided by Resolution No. 95-02, and the heating 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 by the City Council; and F:XDMS\RPK\0080675.01 - 1 - WHEREAS, the City Council has deter,nined it to be in the best interests of the City that the improvement as hereinafter described be earfled out and that a local improvement district be created in connection therewith; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN as follows: Section 1. The Public Works Director has examined such petition and has certified it to be sufficient and to have been signed by the owners of 85.94 percent of the area included in the proposed district. Section 2. The City Council of the City orders the improvement of N.E. Justin Court by asphalt paving and gravel shoulders. The improvement shall be in accordance with 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 3. There is created and established a local improvement district to be called Local Improvement District No. 18 of the City (the "District"), the boundaries or territorial extent of the District being more particularly described in Exhibit A attached hereto and by this reference incorporated herein. Section 4. The total estimated cost and expense of the improvement is declared to be $71,400. The entire cost and expense shall be borne by and assessed against the property specially bene~ted by such improvement included in the District which embraces as nearly as practicable all property specially benefited by such improvement. Section 5. 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 more fairly to reflect the special benefits to the properties being assessed. As requested by the petitioners, the City, if feasible, will use an assessment method that results in equal assessments for all property owners. Section 6, No property, any portion of which is outside the District, may connect to those improvements constructed or made a part of the District unless either that property shall have been subject to the special assessments on the assessment roll for the District or the owners of the property shall have paid prior to such connection a charge in lieu of assessment which shall be at least the equivalent of those assessments which would have been applied to the property had it been included within the District. Section 7. 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. 18, 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 Finance Director, 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 FADMSLRPK\0080675.01 - 2 - 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 revenue warrants issued hereunder or other short-tetra 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 determined. Section 8. 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 ~ Improvement Fund. Section 9. There is created and established in the office of the Finance Director for the District the Local Improvement Fund, into which fund shall be deposited 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 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 cash warrants in payment for all other items of expense in connection with the improvement. Section 10. Within 15 days of the passage of this ordinance there shall be filed with the City Clerk 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 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 shall immediately post the proposed assessment roll upon her index of local improvement assessments against the properties affected by the local improvement. PASSED by the City Council this 6th day of April, 1995. APPROVED by the Mayor this __ 7th day of April, 1995. Mayor Janet West F:XDMSXRPK\0080675.01 - 3 - ATTEST/AUTHENTICATE: Cfty Clerk APPROV~D AS TO FORM: FILED VvTFH THE CITY CLERK: April 6, 1995 PASSED BY THE CITY COUNCIL: April 6, 1995 PUBLISHED: April 12, 1995 EFFECTIVE DATE: April 17, 1995 ORDINANCE NO.: 95-09 F:XDMS\RPK\0080675.01 - 4 - I, Susan P. Kasper, City Clerk of the City of Bainbridge Island, Washington, certify that the attached copy of Ordinance No. 95-09 is a true and correct copy of the original ordinance passed on the 6th day of April, 1995, as that ordinance appears on the Minute Book of the City. DATED this 6th __ day of April, 1995. City'Clerk F:~DMSXRPK\0080675.01 - 5 - 2:~00 MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Council ProPosed Justin Court LID RECE!VE,. D ,, 2,2 1995 PUBLIC I met with the Justin Court property owners last night (3/21) to discuss the LID process with them and respond to their questions about cost, procedure and their options. They were interested in comparison with other methods of making the improvement, especially the "developer extension agreement" that would typically be used by a single developer to build and then convey to the City the infra- structure usually included in a subdivision project. I reviewed the cost data compiled by Rich Kato and we agreed to have the Public Works crew dig some test holes in the existing gravel street this week when Rich comes over for the LID 13 hearing. Rich will look at the cross section of the test holes to see if the existing road bed is sufficient to use. Given the length of time this road has been in use and this inspection, we would be safe in making a significant reduction in the cost estimate for the street construction by using the existing road bed. Rich also discovered that he had used the interim version of the typical design cross section for a neighborhood street as the basis for his estimate. That has now been superseded by the standards (Public Works Design Manual) recently adopted by the Council. The new Rural Residential standard specifies a narrower road width. This also reduces the potential cost. We will provide the Council and the property owners with the revised costs before the continued hearing. The property owners are very cooperative and appreciate the efforts being made on their behalf by everyone in the City connected with this so far. On an unrelated note, one of the property owners works in the bond market and commented that the rate we received on the LID bonds we sold at the last Council meeting was "very good". LKN:lek MEMORANDUM TO: FROM: DATE: SUBJECT: Justin Court Property Owners City Administrator Nordb~ March 24, 1995 Inspection of Road Fill and City Fees Thank you for your hospitality Tuesday evening. to answer your questions satisfactorily as RECEIVED PUBLIC I hope I was able well as provide information helpful to you in your consideration of the proposed LID. As I said, we asked Rich Kato to meet a crew from our Public Works Department to dig several test holes at random through the existing roadbed to see if we could confidently consider a significant reduction in the material costs that were included in the prelim- inary estimate. They did that yesterday (Thursday) afternoon. Mr. Kato noted that the gravel on the road, from Miller almost all the way to the first turn, was almost completely gone, probably due to erosion and vehicular traffic on that slight slope. Otherwise, he had the same observation I had, that it was holding up fairly well. We went over the reduced estimate I discussed with you again in light of this inspection. He recommends we build the gravel base back up to specification and possibly dig out and replace a few apparent small soft spots. Even with that, he seemed confident that with the contingencies I used, the revised lower estimate was feasible. If you recall that was $5,082 per parcel. The other issue you asked me to investigate was the cost for the fees, permits, etc. that would be required for a "developer agreement" process. In addition to the design fees you would pay to your own engineer, the City fees and charges would be as follows: Application Fee - $100.00 Right of Way Permit - $50.00 Inspection Fees - Approx. 3% of Construction cost Administration and Overhead - 10% of other City costs Legal - Up to four hours by City Atty (approx. $500) A performance bond is also required to be posted by the "developer" in favor of the City in the amount of 125% of the construction contract between you and the contractor to guarantee that the work will be completed. Following the acceptance of the construction by the City and the posting of a two year maintenance bond for an amount equal to 20% of the construction contract, the performance bond will be released. The maintenance bond guarantees that any defects that might appear during that time are repaired. You should check with a bonding company for the premium amount for these bonds. Thank you again for the opportunity to be of help to you. Please contact me at any time if you have additional questions. cc: Mayor Council Bill Bryan Rich Kato