ORD 94-02 LID 16 ASSESSMENTSORDINANCE NO. 94-02
AN ORDINANCE of the City of Bainbridge Island, Washington,
approving and confirming the assessments and assessment roll of
Local Improvement District No. 16 for the construction and
installation of water lines and appurtenances in the Valley Vue
Water system area of the City, as provided by Ordinance
No. 92-21, 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. 16 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 for January 20, 1994, at 7:00 p.m., local time, in the Bainbridge
Island Fire District Building Multi -Purpose Room, 8895 Madison Avenue North, Bainbridge
Island, Washington, and further notice thereof was mailed by the City Clerk to each property
owner shown on the roll; and
WHEREAS, the place of the hearing was changed to the Bainbridge Island High School
library, 9330 N.E. High School Road, Bainbridge Island, Washington, and prior to the hearing
notice of such change in location was posted on the door of the Bainbridge Island Fire District
Building Multi -Purpose Room, and at the Washington State Ferry Terminal building, the
Chamber of Commerce and the City Hall, and was published in the City's official newspaper;
and
WHEREAS, the hearing was held at the time fixed at the Bainbridge Island High School
library, and all written protests received were considered and all persons appearing at the
hearing who wished to be heard were heard; and
WHEREAS, the hearing was adjourned to February 3,1994, at 8:00 p.m., local time,
in the Bainbridge Island Fire District Building Multi -Purpose Room; and
WHEREAS, the adjourned hearing was held on the date and at the time fixed, and was
further adjourned to March 3, 1994, at 8:00 p.m., local time in the Bainbridge Island Fire
District Multi -Purpose Room; and
WHEREAS, the adjourned hearing was held on the date and at the time fixed, and was
concluded; and
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WHEREAS, 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 City Council finds that the method of assessment for Local Improvement
District No. 16 (the "District") more fairly reflects the special benefits to the properties being
assessed in the District than the zone and termini method of assessment.
Section 2. The assessments and assessment roll of the District which has been created
and established for the purpose of construction and installation of water lines and appurtenances
in the Valley Vue Water system area of the City, as provided by Ordinance No. 92-21, as the
same now stand, shall be and the same are approved and confirmed in all things and respects
in the total amount of $89,419.92.
Section 3. 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 4 Section 5 of Ordinance No. 92-21 is amended to read as follows:
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 in the
amount of $3,694.94 per meter, plus participation fees (connection
charges) and meter installation and inspection fees in effect at the
time of application for such connection. Where the assessment for
property inside of the District includes the base amount of
$3,694.94, but not the additional amount of $1,525.00 for
participation fees (connection charges) and meter installation and
inspection fees, such property shall not be connected to the
improvements of the District unless that property shall have paid
prior to connection the participation fees (connection charges) and
meter installation and inspection fees in effect at the time of
application for such connection. Where the assessment for
property inside of the District includes both the base amount of
$3,694.94 and the additional amount of $1,525.00 for participation
fees (connection charges) and meter installation and inspection
fees, such property shall have five years from the publication of
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the notice of collection of assessments to connect to the
improvements of the District at no additional charge. After the
five-year period has expired, such property shall not be connected
to the improvements of the District unless that property shall have
paid prior to connection any increase in the participation fees
(connection charges) and meter installation and inspection fees.
Section 5. If John Torvanger or any guardian or representative on his behalf pays to the
City any funds in mitigation of State Department of Health fines levied against the Valley Vue
Tracts Water system or Mr. Torvanger, the assessments on the assessment roll shall be reduced
on a pro rata basis and the assessment roll shall be amended accordingly by the Director of
Finance and Administrative Services without further City Council approval. Any property
owner who has paid the assessment in full at the time of the mitigation payment shall receive
a refund equal to the pro rata reduction in the assessment. If the City receives the mitigation
payment after LID Bonds have been issued, the payment shall be used first for refunds, and the
remainder shall be placed in the Local Improvement Fund. Any refund shall be made to the
owner or reputed owner of the property whose name appears on the rolls of the county assessor
at the time of the refund, at the address shown on thereon.
Section 6. 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 10 equal annual installments together with interest. The
estimated interest rate is stated to be 6% per annum, with the exact interest rate to be fixed in
the ordinance authorizing the issuance and sale of the local improvement bonds for the District.
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 7. This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by law.
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PASSED by the City Council this 3rd day of March, 1994.
APPROVED by the Mayor this 4th day of March, 1994.
Janet K. West, Mayor
ATTEST/AUTHENTICATE:
City Clerk
APPROVED AS TO FORM:
City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL: March 31 1994
PUBLISHED: March 9, 1994
EFFECTIVE DATE: March 14f 1994
ORDINANCE NO.: 94-02
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I, Ralph W. Eells, Finance Director and City Clerk of the
City of Bainbridge island, Washington, certify that the attached
copy of Ordinance No. 94-02 is a true and correct copy of the
original ordinance passed on the 3rd day of March, 1994, as that ordinance
appears on the Minute Book of the City.
Dated this 4th day of March, 1994.
City Clerk