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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 50688947.1 2 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. 50688947.1 3 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 50688947.1 4 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 50688947.1