RES 2006-47 LID 20 APPEALS DATE/TIME SETTINGCITY OF BAINBRIDGE ISLAND, WASHINGTON
RESOLUTION NO. 2006-47
A RESOLUTION of the City Council of the City of
Bainbridge Island, Washington, setting a time and place for
considering appeals from the recommendations of the Hearing
Officer on the final assessment rolls for Local Improvement District
No. 20, directing that notice thereof be given as provided in
Ordinance No. 2006-14, establishing requirements to be observed by
certain qualified property owners wishing to appeal to the City
Council, and ratifying prior actions.
WHEREAS, the final assessment roll for Local Improvement District No. 20 (the "LID"),
which was created and established by Ordinance No. 2003-38, for the purpose of improving four
neighborhoods and an elementary school site by the acquisition, construction of sanitary sewer
facilities, all in accordance with Ordinance No. 2003-38 of the City Council, was prepared as
provided by law and filed with the City Clerk at City Hall, 280 Madison Avenue North, Bainbridge
Island, Washington; and
WHEREAS, the City Council by Resolution No. 2006-36 set Tuesday, October 10, 2006 at
6:00 p.m., as the date and time for commencement of the final assessment roll hearing to be
convened in the Council Chambers at City Hall and held before Hearing Officer Rodney Kerslake,
who was appointed by Resolution No. 2006-36, to act as provided in Ordinance No. 2006-14
(codified as BIMC Chapter 3.50), establishing applicable procedures; and
WHEREAS, after due and proper notice by mailing and publication, such hearing was
convened at the appointed time and place and concluded October 10, 2006; and
WHEREAS, certain property owners duly filed written objections or protests against their
assessments in the LID on or before October 10, 2006 (collectively, the "Qualified Property
Owners") and were entitled to be heard at the final assessment roll hearing; and
WHEREAS, the Hearing Officer on October 26, 2006, filed with the City Clerk his
Findings, Conclusions and Recommendations (the "Recommendations") from which the Qualified
Property Owners who filed timely written protests will be entitled to appeal to the City Council after
receiving notice from the City Clerk; and
WHEREAS, the City Council wishes to set forth certain requirements that shall apply to the
conduct and consideration of administrative appeals from the Recommendations, and participation
by the City, and to fix a time and place for the consideration of appeals by the City Council at an
open public meeting; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, AS FOLLOWS:
Section 1. The procedures for appeals to the City Council from the Recommendations of
the Hearing Officer in the LID shall be in conformity with Ordinance No. 2006-14 (codified as
BIMC Chapter 3.50). Review shall be entirely on the record made before the Hearing Officer (the
"Hearing Record") which will be on file with the City Clerk and open for public inspection. No
new evidence will be permitted and there will be no oral argument on appeals.
Section 2. The appeals shall be considered by the City Council at an open public meeting
thereof, during which there may be one or more executive sessions to confer with legal counsel for
proper purposes, commencing at 7:00 p.m. on January 10, 2006 in the Council Chambers at City
Hall, 280 Madison Avenue North, Bainbridge Island, Washington, and at such other meetings as the
City Council may deem appropriate, if any, and shall be based on duly and timely filed written
statements as described in Section 4 of this resolution.
Section 3. Ordinance No. 2006-14 (codified as BIMC Chapter 3.50) requires that any
Qualified Property Owner wishing to appeal to the City Council must file written notice to that
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effect with the City Clerk within ten (10) days after the date of mailing of the Hearing Officer's
Recommendations to said Qualified Property Owner. Failure to timely file a notice of appeal shall
waive any further right to appeal to the: City Council or the courts concerning the assessment of any
property.
Section 4. Qualified Property Owners wishing to pursue an administrative appeal to the
City Council also shall file with the City Clerk before the close of business on Monday,
December 11, 2006, written statements of all the grounds or reasons for their appeals with specific
reference to those parts of the Hearing Record that support their contentions regarding each parcel
of land affected. Such written statements shall not exceed twenty-five (25) pages in length for each
parcel and shall be made a part of the record. Failure to timely file a written statement regarding a
particular parcel shall waive any further right to appeal to the City Council or the courts concerning
the assessment of that property. Within ten (10) days of filing with City Clerk of any such written
statement, responsive statements may be filed in defense of the final assessment roll and in
opposition to any appeal from a Qualified Property Owner.
Section 5. The City Council will consider all appeals regarding parcels for which such
written statements have been timely filed by Qualified Property Owners.
Section 6. The City Attorney or his designee also may appeal to the City Council from
recommendations of the Hearing Officer by filing a notice of appeal and a written statement in the
same time and manner as a Qualified ]Property Owner. Any such City appeal and written statement
shall be made part of the record.
Section 7. All actions heretofore taken in furtherance of or consistent with the provisions of
this resolution are hereby ratified and confirmed in all respects.
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Section 8. If any provision of this resolution or its application to any person or circumstance
is held invalid by a court of competent jurisdiction, the remainder of the resolution or the application
of the provision to other persons or circumstances shall not be affected.
The foregoing resolution was ADOPTED by the City Council of the City of Bainbridge
Island, Washington, at a regular open public meeting thereof, on the 8t" day of November, 2006.
Darlene Kordonowy, Mayor,
ATTEST/AUTHENTICATE:
Rosalind D. Lassoff, City Clerk
FORM APPROVED:
G� l
Paul McMurray, City Attorney
FILED WITH THE CITY CLERK: November 2, 2006
PASSED BY THE CITY COUNCIL: November 8, 2006
RESOLUTION NUMBER: 2006-47
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CERTIFICATION
I, the undersigned, City Clerk of the City of Bainbridge Island, Washington, hereby
certify as follows:
1. The attached copy of Resolution No. 2006-47 (the "Resolution") is a full, true and
correct copy of the Resolution duly adopted at a regular meeting of the City Council held at the
regular meeting place thereof on November 8, 2006, as the Resolution appears on the minute
book of the City Council; and the Resolution is now in full force and effect.
2. A quorum of the members of the City Council was present throughout the meeting
and a majority of those members present voted in the proper manner for the adoption of the
Resolution.
IN WITNESS WHEREOF, I have hereunto set. my hand this 91h day of November, 2006.
ROSALIND R. LASSOF , City Clerk
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