ORD 2005-16 HORIZON VIEW LID 21
CITY OF BAINBRIDGE ISLAND, WASHINGTON
ORDINANCE NO. 2005-16
AN ORDINANCE of the City of Bainbridge Island, Washington,
ordering the improvement of the Horizon View Place
neighborhood within the City, in accordance with Resolution No.
2005-14 of the City Council; establishing Local Improvement
District No. 21, sometimes known as the Horizon View LID, and
ordering the carrying out of the proposed improvements by the
construction and connection of sanitary sewer facilities; providing
that payment for the improvement be made by special
assessments upon the property in the District, payable under the
mode of annual installments as the City Council may hereinafter
determine; and providing for short-term financing, or such other
financing as the Council may select.
WHEREAS, by Resolution No. 2005-14, adopted March 9, 2005, the City
Council of the City of Bainbridge Island, Washington (the "City") declared its intention
to order the improvement of the Horizon View neighborhood within the City by the
construction and connection of sanitary sewer facilities, and fixed April 13,2005, at 7:00
p.m., local time, in the Council Chambers located in City Hall as the time and place for
hearing all matters relating to the proposed improvement and all objections thereto or
statements in support thereof, and for determining the method of payment for the
improvements; and
WHEREAS, the engineering firm of Browne Engineering, Inc., the City's
consulting engineers, caused an estimate to be made of the cost and expense of the
proposed improvements and certified that estimate to the City Council, together with all
papers and information in its possession touching the proposed improvements, a
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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 district; and
WHEREAS, that estimate is accompanied by a diagram of the proposed
improvements showing thereon the lots, tracts, parcels of land, and other property which
will be specially benefited by the proposed improvements, and the estimated cost and
expense thereof to be borne by each lot, tract and parcel or land or other property; and
WHEREAS, the improvements designated to serve the Horizon View
neighborhood are intended to be installed or constructed within or to serve the
neighborhood comprise a local improvement district (the "District" or the "LID") to be
created pursuant to RCW 35.43.050, sometimes know as Local Improvement District No.
21, or the Horizon View Sewer LID; and
WHEREAS, due notice of the above hearing was given in the manner provided by
law, and the hearing was held by the City Council on the date and at the time above
prescribed, all persons appearing at such hearing and wishing to be heard were heard, and
all objections to the proposed improvements, and statements and evidence in support
thereof, were duly considered; and
WHEREAS, the City Council is of the opinion that it is in the best interests of the
City that the sanitary sewer improvements as hereinafter described (the "Improvements")
be carried out, that a local improvement district be created in connection therewith and
that all protests or objections to formation of such District should be overruled; NOW,
THEREFORE,
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THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Council Findings. Being fully informed and advised, and after due
consideration, the City Council finds and declares as follows:
(a) The carrying out of the Improvements and formation of the LID are in the
public interest and should be ordered;
(b) The assessments within the LID should be determined on the basis of the
benefit of each parcel.
Section 2. Creation of the LID. The City Council orders the creation of the
proposed LID described in Exhibit A, attached hereto and by this reference make a part
hereof, and also orders the carrying out of the Improvements described in Exhibit B,
attached hereto and by this reference made a part hereof. The LID shall be designated
Local Improvement District No. 21 of the City.
All of the foregoing shall be in accordance with the plans and specifications
therefor prepared by the City's consulting engineers, and may be modified by the City
Council as long as such modification does not affect the general purposes of the
Improvements.
Section 3. Estimated Cost and Assessments. The total estimated cost and
expense of the Improvements is declared to be $140,000 and that the total amount shall
be borne by and assessed against the property specially benefited by such Improvements
included in the District which embraces as nearly as practicable all property specially
benefited by such Improvements.
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Section 4. Assessment Methods. 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 to more fairly reflect the special benefits to the
properties being assessed than the statutory method of assessing the properties.
Section 5. Charges in Lieu of Assessments. No property, any portion of which is
outside the District, may connect to those Improvements constructed or made a part of
such District unless either that property shall have been subject to the special assessments
on the assessment roll for that District or the owners of that 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 that property had it been included
within that District.
Section 6. Financing Authorized. Local improvement district warrants may be
issued in payment of the cost and expense of the Improvements herein ordered to be
assessed, such warrants to be paid out of the Local Improvement Fund, District No. 20,
hereinafter created and referred to as the Local Improvement Fund, and, until the bonds
or other obligations 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
City 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 hereafter referred to as "revenue warrants." In the alternative, the City hereafter
may provide by ordinance for internal City financing by means of an interfund loan or the
issuance of other short-term obligations pursuant to chapter 39.50 RCW.
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If the City shall authorize expenditures to be made for such Improvements (other than for
any cost or expense expected to be borne by the City) prior to the date that any short-term
obligations or local improvement district bonds or other obligations are issued or authorized to
finance the Improvements, from proceeds of interfund loans or other funds that are not, and are
not reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside to
pay the cost of the Improvements herein ordered to be assessed against the property specially
benefited thereby, the City declares its official intent that those expenditures, to the extent not
reimbursed with prepaid special benefit assessments, are to be reimbursed from proceeds of
short-term obligations, other obligations or local improvement district bonds that are expected to
be issued for the improvement in a principal amount not exceeding $140,000.
The City by ordinance may pledge special assessments on the assessment roll of the
District for the payment of a loan agreement entered into under Chapter 39.69 RCW as
authorized by RCW 35.51.050.
Section 7. Competitive Bids for Improvements. In all cases where the work
necessary to be done in connection with the making of such Improvements 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 Local Improvement Fund.
Section 8. Filing and Posting of Preliminary Assessment Roll. Within 15 days of
the passage of this ordinance there shall be filed with the City Finance Director 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
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thereby and the estimated cost and expense of such improvements to be borne by each
lot, tract or parcel of land. The City Finance Director immediately shall post the
proposed assessment roll upon his index of local improvement assessments against the
properties affected by the local improvement.
Section 10. Effective Date. This ordinance shall take effect and be in full force
from and after its passage and five (5) days following its publication as required by law.
PASSED by the City Council and APPROVED by the Mayor of the City of
Bainbridge Island, Washington, at a regular open public meeting thereof, this lLth day
of April ,2005. ~~
ATTEST:
LrP ~/
CitY Clerk
FORM APPROVED:
City Attorney
FILED WITH THE CITY CLERK: April 8, 2005
PASSED BY THE CITY COUNCIL: April 13, 2005
PUBLICA nON DATE: April 20, 2005
EFFECTIVE DATE: April 25, 2005
ORDINANCE No. 2005-16
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City of Bainbridge Island
Ordinance to Form Horizon View Sewer LID
Local Improvement District No. 21
April]3, 2005
EXHIBIT A
Legal Description of Areas in LID and Map Delineating Areas
LEGAL DESCRIPTION OF BOUNDARY OF HORIZON VIEW PLACE LID
That portion of the Northeast quarter of the Northwest quarter of the Northeast
quarter and of the Northwest quarter of the Northwest quarter of the Northeast quarter all
in Section 27, Township 25 North, Range 2 East W.M., City of Bainbridge Island, Kitsap
County, Washington, described as follows:
Beginning at the North quarter corner of said Section 27;
Thence South 87049'25" East 660.18 feet to the Northeast corner of the North one-half of
said Northwest quarter of the Northwest quarter of the Northeast quarter of Section 27;
Thence along the East line of said subdivision, South 01003'56" West 258.00 feet to the
True Point of Beginning;
Thence continuing along the East line of said subdivision, South 0 1 003' 56" West 73.80
feet to the Northwest corner of the South one-half of said Northeast quarter of the
Northwest quarter of the Northeast quarter of Section 27;
Thence along the North line of said subdivision being the North line of the City of
Winslow Short Plat W-29 recorded under Kitsap County Auditor's File No. 8012090080
and the North line of the City of Winslow Short Plat W-30 recorded under Kitsap County
Auditor's File No. 8012090081, South 87050'26" East 484.86 feet to the Northeast corner
of Lot A of said City of Winslow Short Plat W-30;
Thence along the East line of said Lot A, South 01005' 53" West 20.00 feet to the North
corner of Lot B of the City of Winslow Short Plat W-55 recorded under Kitsap County
Auditor's File No. 8610020084;
Thence along the Northeasterly line of said Lot B, South 49010'27" East 201.32 feet to the
East corner of said Lot B being a point on the North right of way of Horizon View Place
NW;
Thence South 01007'49" West 40.01 feet to the East corner of Lot 4 of the City of
Winslow Short Plat W-62 recorded under Kitsap County Auditor's File No. 8902240081
being a point on the South right of way of Horizon View Place NW;
Thence South 52038'05" West 197.71 feet to the South corner of said Lot A;
Thence <1long the East line of Lot C of said City of Winslow Short Plat W-30
South 01005'53" West 20.00 feet to the Southeast corner of said Lot C;
Thence along the South line of said Northeast quarter of the Northwest quarter of the
Northeast quarter of Section 27 being the South line of said City of Winslow Short Plat W-
29 and W -30, North 87051 '27" West 484.67 feet to the Southwest corner of said
subdi vision being the Southwest corner of Lot 3 of said City of Winslow Short Plat W - 20;
Thence along the South line of said Northwest quarter of the Northwest quarter of the
Northeast quarter of Section 27 being the South line of Lot 3 of the City of Winslow Short
Plat W-74 recorded under Kitsap County Auditor's File No. 1165187, North 87051 '27"
West 165.00 feet to the Southwest corner of said Lot 3;
Exhibit A, Page 1 of 3
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City of Bainbridge Island
Ordinance to Form Horizon View Sewer LID
Local Improvement District No. 21
April 13, 2005
EXHIBIT A
Legal Description of Areas in LID and Map Delineating Areas
Thence North 01003'56" East 264.00 feet to the Northwest corner of Lot 1 of said City of
Winslow Short Plat W-74;
Thence North 87051 '27" West 10.00 feet;
Thence North 01003' 56" East 131.62 feet;
Thence South 87049'25" East 85.49 feet;
Thence North 82031 '35" East 60.17 feet;
Thence South 87049'25" East 30.00 feet to the True Point of Beginning.
End of Description
Description prepared by Adam & Goldsworthy, Inc., Land Surveyors
Exhibit A, Page 2 of 3
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EXHIBIT A, PAGE 3 OF 3 PAGES BROWNE CITY OF BAINBRIDGE ISLAND
HORIZON VIEW SEWER L.I.D. No. 21 ENGINEERING, INC 280 NORTH MADISON AVE DATE 2/9/05
MAP DELINEATING AREA 147 Finch Place, Suite 4 BAINBRIDGE ISALND. WA 98110 DRAWN D. BROWNE
Bainbridge Island, WA 98110
T (206)842-0605 F (206)780-9322
City of Bainbridge Island
Ordinance to Form Horizon View Sewer LID
Local Improvement District No. 21
April /3, 2005
EXHIBIT B
Dcscription of Improvcments
DESCRIPTION OF IMPROVEMENTS
From To Description
Easement along Existing manhole East boundary of 325 LF of sewer
north boundary of 305' east of Weaver Rotary Park
Rotary Park within Road
the Park
Easement on North boundary of 170' north of north 170 LF of sewer
residential lots Rotary Park boundary of Rotary
Park
Easement on 120' west of West boundary of 120 LF of sewer
residential lots Horizon View Place Horizon View Place
adjacent to Horizon
View Place
Horizon View Place West boundary of 374' east of the west 370 LF of sewer
Horizon View Place boundary of Horizon
View Place
Exhibit B, Page 1 of 1
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