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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 '0 _.... 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, ,0 - -- -....,., 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. - -- 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. '0 0,- _..-.,., 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 -. _... 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 -- - ~- -. 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 - .-. -- ' 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 - .~....- -, . HIGH SCHOOL ROAD - -- I L BOUNDARY OF Ll.D. McNULTY I WATT~ - r :K: - ", w :::> w z I GRAY MARRS w :::> ~ z w ~ HORIZON VIEW PL MATTSON' ...J ...J ~ ~ III w 0 ~---- THOMPSON ....... .. ~ >< CURRAN ENSLOW VARDEN STOE / / w ~ <> CEDARWALL / z _D ID' EMOI[NT fji -- -.0 I / B --r-- -- --- ROTARY PARK -~ (l\'P) ~ 0 N 0 50100 200 400 600 """"..- , I 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 - - --