ORD 2010-32 WINSLOW WAY RECONSTRUCTION PROJECT. YTY OF ~A~IBRIDH ~I~A1~D, ASHTON`
€~ OrDINAE NO, D~a~32
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AN~ OrDIN~N~~ of the pity of Bainbridge island, 'ashintor~, relating
to public irr~pro~rements and the inslo may reconstruction Pray ect purs~~.nt to
property owners' petition therefor; establishing Local Improverrient District
Not ~; orderir~ the carrying out of the proposed irr~provernent; providing that
pa~n~nt far the in~pravernent be made in part ~~ special assessments u an the
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property in the District, payable by the made of "pa.~rnent by bonds"; and
pra~iding far the issuance and sale of local i~nproven~ent district bands,
THE IT ~UI~~f, OF THE ITS ~' AIN~~r1D~E 1~A1~D, v~ASHII~TON,
DOES ORDA11~ FOLLOWS:
Section 1. recitals,
I.l A petition was filed with the pity lerl~ far the creation of a local improvement
district to provide far the irr~provemcnt of the properties lthln the ~.rea described 1n Attachment
.~, attached and incorporated by this reference, The irrlproverner~ts are pursuant to construction
of the inslo day reconstruction Project, a portion of the cast thereof to be borne by the
pr"apert~ inci~ded ire the local in~p~•a~enaent district and benefited b~ those impro~remeuts,
1,~ The Acti~.g pity Engineer has caused an cstirrlate to be made of the east and
expense of the proposed in~proven~ent and cet~tified that est~naate to the pity council, together
with all paper" and lnfermatxan 1n ails possession touching the propa~ed lmpro~e~nent; a
description of the boundaries of the proposed local in~iOrovement district; and a statement of what
portion of the cast and expense of the in~pravements should be borne by the pt`ope~S' within the
proposed ~naproven~ent district
1, That estirna,te i accarnpanied by a diagram of the proposed irr~provement
showing thereon the lots, tracts, parcels of land, and other property that gill be specially
benefited ~ the proposed improvement and the estirr~ated cast and expense thereof to be borne
by each lot, tract, and. parcel of land or other property.
l .~ The pity council, by resolution o, ~~ 1 ~-~ adopted September 2, X01 D, f iced
Octobex 13, ~D10, '].30 p.m,, local tune, in the council chambers of the qty Hall as the time and
place far hearing all rr~atters relating to the proposed irr~pravement anal all objections thereto and
for determining the method of payment far the irrrpraven~ent.
1. Due notice of the above hearing was given 1n the manner provided by lam and
resolution Na, 2~ 1 a~~G, The hearing was held by the pity council on the date and at the time
above rrientioned, and all objections to the proposed improverrient mere duly considered by the
pity ar~ncil, and all persons appearing at such hearing and wishing to be heard v~ere heard,
r 1
51~~78S3.1 LLL
l , The pity auncil hasdetermined xt to be in the best interests of the ity that the
~n~provei~ent hereinafter described be carried out and that local ii~pro~einent district be
created in connection therewith,
Section ufficien~. of Petition,, The Acting pity engineer has examined such petition
and has C~rtlfled that ~~ has determined such etltlarl to ~~ Miff ic~ent and that 1t has been Signed
by the owners of 1 as°Io of the area included in the proposed ditrictf
Section 3, Z ro~em.ent Ordered, The City auncil of the pity of BainbiFide Island,
washintan the "pity"}, orders the impra~en~ent as follows
The campiete replacerrient of below and above^graund utility and
transportation infrastructure betweeia State Dante 3a~ arrd Madison Avenue,
Including replacerrzent of water, sewer and stormwater facilities; street
impro~remnts, including paying, curbs, gutters, sidwall~s, street lighting, street
trees and other landscaping; retention of angled parking and addition of bicycle
facilities, all as mare fully described in ttachrnen~ ~, attached and incorporated
by this reference,
All of the foregoing shall be in accordance with the plans and specif~catians therefor
prepared for the Oity by SCR Design an~pa~ny, and nay be modified by the Oity ~auncil a
long as such rnodlf icatlan does not affect the general purpose of t1~e improvement.
Sectiari 4, Local Irnpro~ernent Distr~ct..rated. There is created anal established a heal
im rovement district to be called Local Irri ra~ernent District No, ~~ of the pity of Bainbridge
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Island, ~washintan the "District"}, the boundaries ar territorial extent of the District being mare
particularly described in ~tt~ch~ne~~ A,
Section 5, Oast of fm~ro~ei~ent~, The total estimated cast and expense of the
iii ro~erraents is declared to be $S,G~ 1,2a6. Only l,aaa,~aa.al of the cost and expense shall be
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borne by and assessed against the property specially benefited by such inlpro~errient included iii
the District that embraces as nearly as practicable all property specially benefited by such
irripra~errient and the balance of such. cast and expense shall be paid by the pity.
Section ~. Method of Assessment, 7n accordance with the pro~isioris of
~w 3~.~~,047, the fit rna use any method ar eornbinatlan of methods to compute
~ ~
assessments that rriay be deemed to ixiore fairly reflect the special benefits to the properties being
assessed than the statutory method of assessing the properties.
Section 7. Interim Financing and Authori~atian of Local fn~~ro~erraent District Bonds,
Local im ra~en~ent district warrants may be issued ii7 payment of the cost and expense of the
impraveinent herein ordered to be assessed, such warrants to be paid out of the Local
Irrzpra~emnt Fund, District No, ~~, hereinafter created and referred to as the Racal Irnpro~cinent
Fund, and, until the bands referred to ~n this section are Issued and del~~ered to the purchaser
thereof, to bear interest from the date thereof at a rate to be established hereafter by the pity
Finance Director, as issuing officer, and to be redeemed in cash andlor by local irripra~ernei~t
district bonds herein authorized to be issued, such interest-bearing warrants to be hereafter
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51097853.1
referred to as "re~renue warrants," In the alternati~re; the City hereafter nay pro~ride by
~ ordinance for the issuance of other short~terrr~ obligations pursuant to Chapter ~.SD ~',
If the City shall authorize expenditures to be made for such impro~err~ent bother than for
any cost or expense expected to be borne by the City} prior to the date that any short~terrr~
obligations ar local irr~pro~emcnt district bands are issued to finance the impra~en~ent, fra~n
proceeds of interfund loans or other funds that are not, and are not reasonably expected to be,
reserved, allocated on a long~tern~ basis or otherwise set aside to pay the cast of the improvement
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 v~ith prepaid special
benefit assessments, are to be reimbursed from proceeds of short-term obligations or local
improvement district bonds that are expected to be issued far the impra~ement in a principal
amount not exceeding l,aa~,a~a,~ l ,
The City is authorized to issue local irnpro~errlent district bands for the District that shall
bear interest at a rate and to be payable on or befoxe a date to be hereafter fixed by the City
Council, The bands shall be issued in exchange far andlor ire redemption of any and all re~renue
warrants issued hereunder ar other shart~tern~ obligations hereafter authorized and not redeemed
in cash within t~renty days after the expiration of the thi~~ty~day period for the cash payment of
assessments without interest an the assessment rail far the District. The bands shall be paid and
redeemed by the collection of special assessments to be levied and assessed against the property
within the Distract, payable in annual installments, with interest at a rate to be hereafter fixed by
ordinance under the made of "pyrrYent by bands," as defined by law and the ardinaf~ces of the
City, The exact form., amount, date, interest rate, and dcnoniinatians of such bands hereafter
shall be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the
City Council hereafter shall determine,
Section S. Cam etitive bids, In all cases There the work necessary to be lane in
connection with the n~al~ln of such ~rnpra~errient is carried out pursuant to contract upon
coinpetiti~e bids hand the City shall have and reserves the right to reject any and a.ll bids, the
call far bids shall include a taterrient that payment for such orl~ will be made in cash warrants
drawn upon the Racal Impro~errient Fund,
ectian Local lznpro~rernent Fund__,Created, The Local lm~pro~reir~ent Fund far the
District is created and established in the office of the Cit Treasurer. The roceeds from the sale
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of revenue warrants for other short-term obligations, if any} drawn against the fund that may be
issued and Bald by the City and the collections of special assessments, interest, and penalties
thereon shall be deposited in the Laval Impro~en~ent Fund. Cash warrants to the contractor or
contractors in payment far the orl~ to be done by them in connection with the iinpro~ement and
cash v~arrants in payment for all other items of expense in connection with the in~pro~errint
shall be issued against the Laval Impro~emerat Fund.
Section l 0, Filin of prelimiriar ~ssessrnent x.011. Within 15 days of the passage of this
ordinance there shall be filed with the City Treasurer the title of the impra~ement and District
number, a copy of the diagrams. or print shoving the boundaries of the District and the
preliminary assessment ro11 or abstract of such roll showing thereon the Tots, tracts, and parcels
of land that will be specially benefited thereby and the estimated east and expense 0f such
--
~~~~~~.
in~pro~ent to be borne by each lot, tract, or parcel of land. The pity ~`i~ance Director shall
irri~ndiately post the proposed assessment roll r~pon the index of local irripro~errient a~sess~aents
against the properties affected by the local itnpro~rement.
PASSED by the City o~ncil aid APPRO~D by the Mayor of the pity of ~inhridge
rsland ashin ton at a re ular o en ublic meeting thereof, this ~ ~h day of October, ~~ 10~
~ ~ p p
Bab Scales, Mayor
ATTEST:
J Fes]
* 4 ~ F
Rosalind ~, Lassof~, pity lerl~
APPRO~D ~ TO CORM;
Attorney
FILED ~V~TH OITY ~~,~RK; September ~S, ~0I ~
PASSED ~'~ THE CITE OUNIIa: October ~ ~, ~~ 10
PUBLXATION DATE. October ~2, X010
EFF~T~'~E DATA: October 27, X010
OR~ZNANCE NO. ~O]0-~~
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3 ~ D97853.1
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I, the unde~~sigr~ed, pity lerl~ of the pity of B~.inbridge Island, 'L~ashingtor~, certify ~
follows,
~ . The att~.ched copy of Ordinance ~o, 20 ~ 0~3 ~ the "Ordin~.nce"} is full, true and
correct copy of an ordnance duly passed at a regular meeting of the pity council of the fit held
at the regular meeting place thereof on October ~ , Z~ ~ 0, ~s that ordinance appears o the minute
boos of the lty; and the Ordinance mill be in full force and effect fire days after publication in
the 1ty's off ic~al ne~papcr.
~. A ~uorurr~ of the members of the City council was present throughout the
meeting and a majority of those members present noted in the proper manner for the passage of
the Ordinance
DATED this ~ 3~~ day of October, 2~ 1 ~,
IT DF EA~NBR~D~E If,A.~ID,
AHINTON
~ .1~~~~~
Rosalind D. ~assoff, pity ler~
5 X097853.1