ORD 99-29 IMPROVEMENT OF THE COMMODORE LANE AREA( ORDINANCE NO. 99-29
AN ORDINANCE of the City of Bainbridge Island, Washington, approving
and contiming the assessments and assessment roll of Local Improvement
District No. 19 for the improvement of the Commodore Lane area by the
construction and installation of water supply improvements, as provided by
Ordinance No. 98-13, 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 LQcal Improvement District No. 19 in the City of Bainbridge Island,
Washington ("City"), has been filed with the City Clerk as provided by law; and
Wlt'I~REAS, notice of the time and place of the heating and making objectionS'
and protests to the roll was published in the manner provided by law, fixing the time and
place of hearing for June 9, 1999, at 6:00 p.m., in the Bainbridge Island Commons
Building, Multi-Purpose Room, 402 Bjune Drive SW, Bainbridg6 Island, WashingtOn,
and further notice of the heating 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; and
WHEREAS, the hearing was conlinued to June 23, 1999, at 7:30 p.m.; and
Wlti~REAS, all written protests received were considered and all persons
appearing at the hearing who wished to be heard were heard; and
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 offand 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. 19, which has been created and established for the purpose of improving the
Commodore Lane area by the construction and installation of water supply
improvements, as provided by Ordinance No. 98-13, are approved and confirmed in the
total amount of $190,818.60.
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 the
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improvement in the District in at least the mount charged against the property, and the
assessment appearing against the property is in proportion to the several assessments
appearing upon the wll. There is levied and assessed against each lot, tract or parcel of
land and other property appearing upon the roll the mount finally charged against the
property.
Section 3. The City Council finds that the method of computing assessments
for the District more fairly reflects the special benefits to the properties being assessed
than the methods of assessment in RCW 35.44.030 and 35.44.040.
Section 4. No property.outside of the District, and no property in the District
that has not been levied an assessment in the District, may connect to the improvement in
the District unless the'owners of the property pay prior to such connection (1) a charge-
in-lieu of assessment of $7,321.00 per residential equivalent unit, plus interest from the
date of passage of this ordinance to connection, or ten years, whicheve~ is shorter, at the
rate of interest on the assessment installments for the District, and (2) the connection fees
and charges in effect at the time of cormection.
Section 5. The assessment roll as approved and confirmed shall be filed with
the City Clerk for collection. 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 6.15 %
per annum. 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 inst~llment shall become due and
payable in like manner. If the whole or any portion of the assessment remains unpaid
after the fLrst thirty-day period, interest upon the whole unpaid sum shall be charged at'
the rate 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 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.
PASSED by the City Council this 23rd day of June, 1999.
APPROVED by the Mayor this
241h
day of June, 1999.
~D~GHT SUTTON, MaWr
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ATTEST/AUTHENTICATE:
SUSAN P. KASPER, City Clerk
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK: June 1, 1999
PASSED BY THE CITY COUNCIL: sune 23, 1999
PUBLISHED; '3une 30, 1999
EFFECTIVE DATE: July 5, 1999
ORDINANCE NO.: 99-29
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I, Susan P. Kasper, City Clerk of the City of Bainbridge Island, Washington,
certify that the attached copy of Ordinance No. 99-29, is a tree and correct copy of the
original ordinance passed on the ~/~-I ~It day of June, 1999, as that ordinance
appears on the Minute Book of the City.
DATED this
dayof
,1999.
Susan P. Kasper, City Clerk
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