ORD 2011-01 LID 22ORDINANCE NO.2011-01
AN ~RD~NANCE of the City of Bainbridge Island, Washington, relating
to Local Improvement District No. 22; approving and confirming the
assessments and assessment roll of Local Improvement District No. 22 for
the window way Reconstruction Project, as provided by Ordinance
No. 2010-32; and, levying and assessing a part of the cost and expense
thereof against the several lots, tracts, parcels of land and other property as
shown on the assessment roll.
THE CITY COUNCIL OF THE CITY DF BAINBRIDGE ISLAND, WASHINGTON,
DOES ORDAIN as follows:
Section 1. Recitals.
1.1 Local Improvement District No. 22, in the City of Bainbridge Island, Washington
the "City"}, sometimes referred to as the Winslow Way LID ~"LID No. 22" or the "LID"} was
created by Ordinance No. 2010-32 for the purpose of improving the area within the City adjacent
to window way by the construction of utility and street improvements. The assessment roll
proposing the special assessments to be levied against the property located in the LID has been
filed with the City Clerk as provided by law.
1.2 As provided by law, the City has published notice of the time and place of hearing
on the assessment roll, providing an opportunity to make objections and protests to the roll,
fixing the time and place of such hearing for February 2, 2011 at 7 p.m, in the Council Chambers
in the City Hall, Bainbridge Island, washington. Further notice thereof was mailed by the City
Clerk to each property owner shown on the assessment roll.
1.3 The hearing was held at the time ,and place designated in the notice . All written
protests received were considered and all persons appearing at the hearing who wished to be
heard were heard, The City Council, sitting and acting as a Board of Equalization, considered
the assessment 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 of land by reason of the improvements.
Section 2. Findings of Fact and conclusions of Law.
2.1 Section 1, above, is incorporated herein by this reference.
2.2 Local Improvement District No. 22, has been created and established for the
purpose of making utility and street improvements, more commonly referred to as the window
Way Reconstruction Project, all as provided by Ordinance No. 2010-32, The assessments and
assessment roll for Local Improvement District No. 22 as the same now stand shall be and the
same are approved and confirmed in all things and respects in the total amount of $1,000;000.
2.3 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 this improvement in at
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least the amount charged against the same, and the assessment appearing against the same is in
proportion to the several assessments appearing upon the roll, There is levied and assessed
against each lot, tract or parcel of land and other property appearing upon the roll the arraount
finally charged against the same thereon,
2.4 There are no additional findings or conclusions attached to this document,
Section 3. confirmation and C`oliection,
3,1 The assessment roll as approved and .confirmed shall be filed with the City
Finance Director far collection and the Finance Director is authorized and directed to publish
notice as required by law stating that the roll is available for collection and that payment of any
assessment thereon or any portion of such .assessment can be made at any time within 30 days
from the date of first publication of such notice without penalty, interest or cost. Thereafter, the
sum remaining unpaid may be paid in ten ~ 10} equal annual installments of principal with
interest due on the unpaid balance, and shall be collected. The estimated interest rate is stated to
be 5% per annum, with the exact interest rate to be fixed by the resolution authorizing the
issuance and sale of the local improvement bonds for Local Improvement District No. 22 in
accordance with Qrdinance No. 2010-33. The first installment of assessments on the assessment
roll shall become due and payable during the 30-day period succeeding the date one year after
the date of first publication by the Finance Director of notice that the assessment roll is available
for collection and annually thereafter each succeeding installment shall become due and payable
in like manner.
3.2 If the whole or any portion of the assessment remains unpaid after the first 30-day
period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and
each year thereafter one of the installments of principal together with interest due on the unpaid
balance, shall be collected. Any installment not paid prior to expiration of the 30-day period
during which such installment is due and payable shall thereupon become delinquent, Each
delinquent installment shall be subject, at the time of delinquency, to a penalty equal to the rate
of interest provided, plus 5%, levied on both principal and interest due upon that installment, and
all delinquent installments also shall be charged interest at the rate as determined above. The
collection of such delinquent installments shall be enforced in the manner provided bylaw.
Section 4. Ratification of Prior Acts. Any actions taken consistent with the purpose
and authority but prior to the effective date of this ordinance are ratif ed, approved, and
confirmed. .
Section 5. Severability. If any section, sentence, clause or phrase of this ordinance
should be held ~o be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
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PASSED by the City Couneil this 9t~' day of February, ~Ol 1.
APPROVED by the Mayor this 9~~' day of February, 2~ 11,
Kirsten Hytopoulos, Mayor
ATTEST;
Rosalind D, Lassoff, City Clerk
FILED 'WITH CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION DATE;
EFFECTIVE DATE:
ORDINANCE NU.;
January 28, 2011
February 9, 2011
February 1 1, 2011
February 1 b, 2011
2011-O1
_~..
CERT~FICATY~N
I, the undersigned, City Clerk of the City of Bainbridge Island, Washington the "City"~,
hereby certify as follows:
1. The attached copy of Ordinance No. 2~ 11 ~32 the "Ordinance"} is a full, true and
correct copy of an Ordinance duly adopted at a regular meeting of the City Council of the City
held at the regular meeting place thereof on February 9, 2~ 11, as that Ordinance appears an the
minute book of the City; and the Ordinance will be in full force and effect five days after
publication in the. City's official newspaper; and
2. A quorum of .the members of the City Council was present throughout the
meeting and a maj ority of those members present voted in the proper manner for the passage of
the Ordinance.
DATED this 9th day of February, X011.
CITY OF BAINBRIDGE ISLAND,
WASHINGTON
i'~1~~ . ~~7D
Rosalind D, Lassoff, City Clerk
~RRORI UNKNOWN DOCUMENT PROPERTY NAME.