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Home My WebLink About11/26/02 AGENDAFILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 ****REVISED**** CITY COUNCIL MEETING AGENDA TUESDAY - NOVEMBER 26, 2002 5. 6. 7. 8. 9. 10. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation CONSENT AGENDA A. Minutes of Meeting - October 30, 2002 (#AB02-237) B. Minutes of Meeting - November 6, 2002 (#AB02-238) CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT PUBLIC RECOGNITION - Comments limited to 3-minutes NEW BUSINESS - Them am no New Business items this week PUBLIC HEARINGS - RESOLUTIONS & ORDINANCES A. Ordinance [First Reading] Creating Utility Local Improvement Distdct (ULID) 2002-01 (#AB02-239) ADJOURNMENT OF MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us CITY COUNCIL MEETING NOVEMBER 26, 2002 SPEAKERS LIST If you wish to make an announcement, inform the Council of an issue, or ask a general question... Please provide information below so staff will be able to contact you. Thank you. NAME ADDRESSfI'ELEPHONE TOPIC 1. SUBJECT: MINUTES OF MEETING- AGENDA BILL BREMERTON CITY COUNCIL OCTOBER 30, 2002 2. CLEARANCES: (Comment on back i f necessary) FORAGENDA OF: NOVEMBER 2~, 2002 ORIGINATING DEPT: CITY COUNCIL ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: N0¥EMBER 9, 2002 3. EXHIBITS: ENDORSEMENT [-~ MAYOR: INFORMATION [-~ APPROVED FOR SUBMITTAL BY COUNCIL PRESIDEN~} 4..SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 5. -RECOMMENDATION: 7. NOTICE OF ACTION: PULLED ~] TABLED [-] _..COUNCIL DIRECTIVE: APPROVED RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: DISAPPROVED [-q AMENDED [~] DATE: AGENDA BILL NO.: / 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES;: 11. RESEARCH SOURCES: TAPES #1858 & #1859 CITY COUNCIL MEETING MINUTES October 30, 2002 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, October 30, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council member Eric Younger was absent. Also present were City Attorney Roger Lubovich and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Major Jim Baker of the Salvation Army. CONSENT AGENDA A. Minutes of Meeting - October 16, 2002 (#AB02-207) ~0025 M/SICIU (McConnell/Nygren) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0045 M/S/C/U (McConnell/Rollman) On October 30, 2002 the Council approved payment for Check Numbers 275909 through 276071, and EFT 7371 in the amount of $1,001,385.01 on the Master Check Register; and Retiree Payroll for the pay period ending October 31, 2002 in the amount of $133,516.22. COUNCIL MEMBER REPORTS Cecil McConnell reported on his attendance at a KRCC Working Dinner on Thursday, October 24. Daren Nygren announced the Manette Business District was hosting an Open House on Friday, November 8 from 6:00 P.M. Ed Rollman invited families to participate in the "2002 Trick-or-Treat" event on Halloween from 5:00 to 8:00 P.M. in downtown Bremerton. Mike Shepherd reminded the public about the all-City Halloween party at the Sheridan Parks & Recreation Center, and the First Friday Art Walk downtown. He reported that the Caf~ Destino located at 1223 McKenzie would be opening soon after weeks of remodeling. Will Maupin donned his traditional "Groucho Marx" glasses in honor of Halloween! He then went on to report topics discussed at the KRCC Working Dinner he attended last Thursday. Mike Short also attended the KRCC Working Dinner and commented on the topics discussed. He also thanked Deacon Roy Mclnnis for the invitation to the 59th Founder's Banquet for the Sinclair Baptist Church, which he attended along with his wife Patricia, and enjoyed very much. Carol Arends also attended the KRCC Working Dinner, which she found very informative and also reminded citizens about the First Friday event this week. MAYOR'S REPORT - Mayor Bozeman .... · Presented a Proclamation to proclaim "Friday, November f, 2002" as "Tony White Day" in the City of Bremerton in honor of Mr. White's support and dedication to the arts community; and announced an event to "Celebrate the Life of Tony White" would be held at the Metropolis Gallery on Friday, November 1, 2002 from 5:00 to 9:00 P.M. TAPES #1858 & #1859 City Council Reg. Mtg. Minutes October 30, 2002 Page 2 of 6 · Attended the Literacy Council event where guest speaker Tony Ventrella of Channel 13 News presented an inspirational message at the Admiral Theater on Tuesday, October 29. · Advised the Council that he would be presenting a balanced budget for their review on Friday. · Will attend the Groundbreaking Ceremony for the Readiness Training Center on Friday, November 8 at 2:00 P.M. · Encouraged citizens to vote on Tuesday, November 5. · Provided an update on the downtown revitalization projects. PUBLIC RECOGNITION Don Larson requested that the City work with Kitsap Trees to beautify Bremerton and to come up with a landscaping plan. He also suggested that the City could provide an incentive program for citizens who choose to plant trees by reducing water bills. Allen Shute objected to comments made in City related email and asked Council to consider ways to improve enforcement of handicapped parking. President Arends suggested that for the purpose of future meetings citizens shall put their concerns in writing to facilitate a response from staff. Roaer Lubovich clarified that if individuals need to make comments or announcements other than ask questions, they do not need to put that information in writing. 8A - PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING~ INC. FOR PACIFIC AVENUE BASIN PRE-DESIGN (#AB02-208): Michael Mecham, City Engineer, stated that based on an evaluation of qualified consultants the City has selected and negotiated a Professional Services Agreement with HDR Engineering, Inc. for pre-design services for the Combined Sewer Overflow (CSO) and Storm System in the Pacific Avenue Basin. The purpose of this Professional Services Agreement is for HDR Engineering, Inc. to prepare a pre-design report for the City' s Pacific Avenue Basin, based on the updated CSO Reduction Plan and the downtown redevelopment plan. This report will re-evaluate the improvements required for the Pacific Avenue Basin overflow site and the improvements required for the storm sewer system. The not-to-exceed amount of the agreement is $73,200. The request before the City Council is approval of an agreement for professional services with HDR Engineering, Inc. There were no comments from the public. #0895 M/S/C/U (Shepherd/Maupin) Move to approve the Professional Services Agreement with HDR Engineering, Inc. to provide pre-design services for the Combined Sewer Overflow and Storm System in the Pacific Avenue Basin, not to exceed $73,200 and authorize the Mayor to execute the same. 9A- ORDINANCE NO. 4817 [SECOND READING] REGARDING AMENDMENTS TO BMC CHAPTER 21.02 ZONING CODE TO PROVIDE FOR SENIOR HOUSING PROJECTS (#AB02-'199)'. First reading of this ordinance was heard on October 23, 2002. Chris Hu,qo elaborated further on the details of this ordinance, and was available to answer questions. Marshall Miller, of Raymont Homeowners Association, was concerned that 58 out of 144 residents would need to be seniors in a planned housing project, and that the area adjacent to the project consisted of wetlands, which may be affected by this development. Marlene Border agreed. Bob Kerell pointed out that seniors must have direct access to public transportation yet direct access is not defined in the ordinance; and asked who would monitor the occupancy of senior housing to ensure compliance. TAPES #1858 & #1859 City Council Reg. Mtg. Minutes October 30, 2002 Page 3 of 6 Don Larson commented that the ordinance does not address the need for green belts and gardens, or hobby houses for the seniors. Kathy Ring stated that in senior housing in California, there was a restriction that no one under the age of 21 would be allowed to live in that complex for more than 30 days. Mr. Hugo addressed the previous comments, and noted that not many of the "development rules" were being changed, but that prior to these changes that are being proposed, age limitations were not part of the code. Council members provided further comment on the discussion prior to the vote addressing criteria on definition of senior occupancy, buffer and setback requirements, inclusion of sidewalks, availability of public transit, and the hearing examiner process to comment on permits and developments. #2040 M/S/C (ShortJMaupin) Move to pass Ordinance No. 4817 on second reading. Voted in favor of Motion: Rollman, Shepherd, Maupin, Short, Nygren, and Arends Voted opposed to Motion: Olsen and McConnell Motion carried: 6-Yes; and 2-No 9B- ORDINANCE NO. 4818 [SECOND READING] RELATING TO INSURANCE REQUIREMENT~ FOR ISSUANCE OF A PERMIT FOR WORKING WITHIN THE CITY RIGHT-OF-WAY (#AB02-200): The first reading of this ordinance was heard on October 23, 2002. Rocler Lubovich, City Attorney, reiterated that the main point of this ordinance lightens the insurance requirements for homeowners who perform work on the right-of-way in front of their property, and expands their right to use the right-of- way. There were no comments from the public. Council Member Wayne Olsen left the meeting, and was not available for any further votes... Mike Shepherd temporarily left the meeting and was not available for the following vote. #2105 MISICIU (Maupin/Short) Move to pass Ordinance No. 4818 on second reading. 9C- ORDINANCE NO. 48'19 [SECOND READING] CREATING BMC CHAPTER '1.04 ESTABLISHINR A FRAMEWORK FOR CODE ENFORCEMENT (#AB02-201): The first reading of this ordinance was heard on October 23, 2002. Roger Lubovich, City Attorney, explained that this ordinance, along with the following five ordinances, is part of a code enforcement package. Jim Wilson asked for further clarification on the purpose of this ordinance. Mr. Lubovich responded that this ordinance establishes a comprehensive code enforcement program that allows for a hearing process for code violations, allows for voluntary correction and penalties to be awarded for those who fail to comply, and also allows for "orders of abatement" and other options for prosecution code violations. #2330 M/S/C/U (Shepherd/Maupin) Move to pass Ordinance No. 4819 on second reading. 9D - ORDINANCE NO. 4820 [SECOND READING1 RELATING TO PENALTIES FOR VIOLATIONS OF CITY BUILDING CODE~ UNIFORM FIRE CODE~ FIRE SPRINKLER CODE~ FIRE ALARM CODE~ AND FALSE ALARM CODE (#AB02-202): The first reading of this ordinance was heard on October 23, 2002. There were no comments from the public. #2432 MISIC/U (Shepherd/Maupin) Move to pass Ordinance No. 4820 on second reading. TAPES #1858 & #1859 City Council Reg. Mtg. Minutes October 30, 2002 Page 4 of 6 9E - ORDINANCE NO. 4821 [SECOND READING1 RELATING TO ENFORCEMENT OF VIOLATIONS OF THE ZONING CODE (#AB02-203): The first reading of this ordinance was heard on October 23, 2002. There were no comments from the public. #2485 MISIClU (Rollman/Maupin) Move to pass Ordinance No. 4821 on second reading. 9F - ORDINANCE NO. 4822 [SECOND READING] RELATING TO REMOVAL OF NUISANCF VEGETATION AND THE ENFORCEMENT OF CODE VIOLATIONS RELATING TO SAME (#AB0Z- 204): The first reading of this ordinance was heard on October 23, 2002. There were no comments from the public. #2533 M/S/C/U (Short/Maupin) Move to pass Ordinance No. 4822 on second reading. 9G - ORDINANCE NO. 4823 [SECOND READING] RELATING TO ENFORCEMENT OF VIOLATIONS RELATING TO GARBAGE AND REFUSE (#AB02-205): The first reading of this ordinance was heard on October 23, 2002. There were no comments from the public. #2580 M/S/C/U (Maupin/McConnell) Move to pass Ordinance No. 4823 on second reading. 9H - ORDINANCE NO. 4824 [SECOND READING] RELATING TO PUBLIC NUISANCES (#AB02- 206): The first reading of this ordinance was heard on October 23, 2002. There were no comments from the public; however, Fire Chief Al Duke took a moment to thank all of the members who served on the Committee to address this issue, as well as City staff Janet Lunceford and City Attorney Roger Lubovich for their participation. He emphasized however, that his process was only halfway complete, and there was still much work to be done! President Arends also thanked Fire Chief Al Duke for all his efforts. #2678 MISIClU (Shepherd/Maupin) Move to pass the Ordinance No. 4824 on second reading. 9! - RESOLUTION NO. 28777 DECLARING THE INTENT TO FORM UTILITY LOCAL IMPROVEMENT DISTRICTS (#AB02-209): Gene Sampley, Director of Public Works & Utilities, stated that the City desires to provide for the improvement of a portion of the West 650 Zone distribution water main by forming a utility local improvement district (ULID) and assessing a portion of the cost of the improvement against the property specially benefited by the improvements. The attached resolution declares the City's intent to form the ULID, sets a date and time for the public hearing, and directs staff to take all of the steps necessary to accomplish the formation of the ULID. There were no comments from the public. #3252 M/S/CIU (Maupin/Short) Move to pass Resolution No. 2877. 9J - ORDINANCE [FIRST READING] AMENDING BMC CHAPTER 11.04 RELATING TO LOCAl IMPROVEMENT DISTRICTS (#AB02-210): Gene Sampley, Director of Public Works & Utilities, pointed out that the current provisions of BMC Chapter 11.04 entitled "LOCAL IMPROVEMENT DISTRICTS" do not designate the proper authority pursuant to RVW 35.43.100 to make preliminary estimates and assessment rolls. The proposed ordinance adds a new section to Chapter 11.04, designating the Director of Public Works & Utilities, or his/her designee, as the proper authority for making the preliminary estimates and assessment rolls as required by RCW 35.43.130, and further ratifies all TAPES #1858 & #1859 City Council Reg. Mtg. Minutes October 30, 2002 Page 5 of 6 preliminary estimates and assessment rolls previously certified to the City Council. There were no comments from the public. #3403 M/S/C/U (Short/Maupin) Move to approve the proposed ordinance on first reading. TAPE #1859 9K - REVENUE SOURCES FOR THE 2003 BUDGET (#AB02-211): Dick Saunders, Interim Finance Director, summarized that the City is required by RCW 84.55.120 to hold a public hearing on revenue sources of the General Fund. This hearing must be held prior to consideration of the City's property tax levy and must include a discussion of possible increases in property tax revenue. There were no comments from the public. No Council action is required. 9L - ORDINANCE [FIRST READING] LEVYING PROPERTY TAXES FOR COLLECTION IN 2003 (#AB02-212): Dick Saunders, Interim Finance Director, said that the City's property taxes are levied on an annual basis through passage of an ordinance. The proposed ordinance will implement a general property tax levy and a voted EMS levy at the statutory rate limit as well as a bond redemption levy at a rate adequate to provide funds necessary to meet debt service obligations. There were no comments from the public. #0340 M/S/C/U (Shepherd/Short) Move to approve on first reading the ordinance levying property taxes for collection in 2003. 9M - ORDINANCE [FIRST READING] SETTING RATES AND FEES FOR WATER FUND 401, WASTE. WATER FUND 451, AND STORMWATER FUND 48t FOR 2003 (#AB20-213): Gene Sampley, Director of Public Works & Utilities, emphasized that an increase in assessments, rates, fees, and charges is required in order to meet the ongoing maintenance, operation, capital, and debt service needs of the City's Water, Wastewater, Storm water Utilities. In addition to these requirements, the increase in the Water Utility is proposed to reduce future dependency on timber harvest revenues currently used to supplement the ongoing operation of the Water Utility, and the Storm water increase is required to offset application of Payment-In-Lieu Taxes (PILOT) that was not previously applied to this utility. Staff recommends that assessments, rates, fees, and charges for Water Fund 401 and Wastewater Fund 451 as set forth in the Chapter 15.06 of the BMC be amended effective January 1, 2003 in accordance with the attached Ordinance. Don Larson expressed his concern about the lack of trees in the City, which he stated help to reduce combined sewer overflows. Mr. Shepherd noted that there would be further discussion of trees during upcoming discussions on the Comprehensive Plan. Mr. Maupin reminded the public that ratepayers in Bremerton pay less than anywhere else in Kitsap County. #1135 M/S/C (ShortJMaupin) Move to approve the attached ordinance on first reading, setting assessments, rates, fees, and charges for Water Fund 401, Wastewater Fund 451, and Storm Water Fund 481. Voted in favor of Motion: Shepherd, Maupin, Short, McConnell, Nygren, and Arends Voted opposed to Motion: Rollman Motion carried: 6-Yes; 1-No 7 TAPES #1858 & #1859 City Council Reg. Mtg. Minutes October 30, 2002 Page 6 of 6 9N - PUBLIC HEARING ON CONSTRUCTION OF BREMERTON WESTSIDE WASTEWATER TREATMENT PLANT WET-WEATHER FACILITIES (#AB02-214): Gene Sampley, Director of Public Works & Utilities, briefly explained that this public hearing was a requirement for the EPA Grant which was received for the construction of this facility. He then brought forward John Poppe, Wastewater Manager, and Patric Coxon, Wastewater Treatment Plant Manager to provide the presentation. There were no comments from the public. There was a brief discussion on this issue by the Council following the presentation, but no action was required. With no further regular business, the meeting adjourned at 8:00 P.M. Prepared and Submitted by: Attest: LORI SMITH Council Liaison PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CNPJ/ls/cge c: Normal Distribution; File 1. SUBJECT: MINUTES OF MEETING- AGENDA BILL BREMERTON CITY COUNCIL NOVEMBER 6, 2002 2. CLEARANCES: (Comment on back if necessary) FORAGENDA OF: NOVEMBER 26, 2002 ORIGINATING DEPT: CITY COUNCIL ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: NOVEMBER 21, 2002 3. EXHIBITS: ENDORSEMENT ["-I MAYOR: INFORMATION [--] APPROVED FOR SUBMITTAL BY COUNzCIL PRESIDENT: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACI'ION: 5. RECOMMENDATION: 7. NOTICE OF ACTION: PULLED [] TABLED ~] COUNCIL DIRECTIVE: APPROVED 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: DISAPPROVED [] AMENDED [] DATE: 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFIN BUD ETS FACILITIES E UIPMENT OR OTHER RESOUR ES: 11. _RESEARCH SOURCES: /0 TAPE #1860 CITY COUNCIL MEETING MINUTES November 6, 2002 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, November 6, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Aisc present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Liaison Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell. 2A- ORDINANCE NO. 4825 [SECOND READING1 AMENDING BMC CHAPTER 11.04 RELATING TO LOCAL IMPROVEMENT DISTRICTS (#AB02-210): The first reading of this ordinance was heard on October 30, 2002. Gene Sampley, Director of Public Works & Utilities, reiterated the purpose of this ordinance, and was available to answer any questions. There were no comments from the public. #0050 M/S/C/U (McConnell/Olsen) Move to pass Ordinance No. 4825 on second reading. The regular business meeting adjourned at 5:40 P.M. The Council then reconvened for their Monthly Study Session for presentations on the "TRANSPORTATION DEVELOPMENT ORDINANCE & PUBLIC WORKS STANDARDS FOR WORK IN THE RIGHT-OF-WAY" with Michael Mecham, City Engineer; and "SURPLUS PROPERTIES" with Kathleen McCluskey, Administrative Services Director. Prepared and Submitted by: Attest: LORI SMITH Council Liaison PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CAIPJIIs/cge c: Normal Distribution; File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON FOR AGENDA: Nov. 26 and Dec. 4, 2002 ORDINANCE CREATING ULID 2002-01 ORIGINATING DEPT: Public Works & Utilities ORIGINATOR: Gene Sampley DATE SUBMITTED: Nov. 14, 2002 back if necessary) 3. EXHIBITS: of Public Works & Utilities FISCAL/.~. UDG~~AN OPEt~FIO~ ~HAIlbdVIAN ENDORSEM.~~~ORMATION [~l MAYOR~ '~' _~-~. , - PROPOSED ORDINANCE -ULID BOUNDARY MAP - FINDINGS, CONCLUSIONS, & RECOMMENDATIONS BY THE HEARING EXAMINER (ADDED 11/21 after HEARING DATE ON 11/19) APPROVED FOR SUBMIT~TAL COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The proposed ordinance establishes Utility Local Improvement District 2002-01 and orders the carrying out of the improvement of the West 650 Zone distribution water main and provides that payment for the improvement be made by City funds and special assessments upon the property in the District. 5. RECOMMENDATION: Move to approve the proposed ordinance on first reading. Move to pass Ordinance No. on second reading. 7. NOTICE OF ACTION: PULLED [-~ TABLED ['-] COUNCIL DIRECTIVE: APPROVED RESPONSIBLE OFFICIAL: Director of Public Works & Utilities ENFORCEMENT OFFICIAL: Director of Public Works & Utilities EXPIRATION DATE: REVIEW DATE: DISAPPROVED AMENDED S. AGENDA BILL NO.: ('.,~ - ',~- ~ '7 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, ordering the West 650 Zone distribution water main improvement project in accordance with Resolution No. 2877 of the City Council; establishing Utility Local Improvement District No. 2002-01; ordering the carrying out of the proposed improvements; and providing that payment for the improvements be made by City funds and special assessments upon the property in the District. WHEREAS, by Resolution No. 2877 adopted October 30, 2002, the City Council declared its intention to order the improvement of West 650 Zone distribution water main and fixed November 19, 2002, at 9:00 a.m. or later, in the Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvements and all objections thereto and for determining the method of payment for the improvements; and WHEREAS, the Director of Public Works and Utilities caused an estimate to be made of the cost and expense of the proposed improvements and certified that estimate to City Council, together with all papers and information in his possession touching the proposed improvements, a description of the boundaries of the proposed utility local improvement district, and a statement of the cost and expense of the improvements to be borne by the property within the proposed district and which are on file in the Office of the City Engineer; and WHEREAS, the estimate is accompanied by a plan of the proposed improvements showing thereon, the lots, tracts, parcels of land, and other property which will be specifically benefited by the proposed improvements and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property and which is on file in the Office of the City Engineer; and WHEREAS, due notice of the above hearing was given in a timely manner provided by law, and the hearing was held by the Hearing Officer on the date and at the time above mentioned, and all objections to the proposed improvements were duly considered by the 1 Establishing ULID No. 2002-01 Hearing Officer, and all persons appearing at such hearing and wishing to be heard were heard; and WHEREAS, the Hearing Officer has submitted findings of fact and recommendations to the City Council recommending that the utility local improvement district be created; and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvements as hereinafter described be carried out and that a utility local improvement district be created in connection therewith; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The area described as the West Hills Area shall be improved by the installation of a 12 inch water pipe, together with the doing of any and all other work in connection therewith as may be necessary to make such improvements a complete job. All of the foregoing shall be in accordance with the plans and specifications therefore prepared by the City Engineer, and may be modified by the City Council as long as such modification does not affect the purpose of the improvements. SECTION2. The maps, plans and specifications prepared by the City Engineer, now on file in the Office of the City Engineer, for the aforesaid improvements are hereby adopted. SECTION 3. There is hereby established and created a utility local improvement district, Utility Local Improvement District No. 2002-01 ("District"). The boundaries and territorial extent of the District are more particularly described in Exhibit A, attached hereto and incorporated herein by this reference. 2 Establishing ULID No. 2002-01 SECTION 4. Payment of the costs and expense of the improvements herein ordered to be assessed shall be paid from available City funds or from any other source determined by the City to be appropriate for funding the cost of the improvements. The City hereby declares its official intent that the expenditures authorized for the improvements (excepting any cost or expense expected to be borne by the City) prior to the date that any short- term obligations or revenue bonds are issued to finance the improvements, are to be reimbursed from proceeds of short-term obligations or revenue bonds, including those costs and expenses paid from proceeds of interfund loans or other funds that are not, and are not reasonably expected to be, reserved or 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. SECTIONS. The total estimated cost and expense of the improvements are declared to be $1,049,370 of which, $120,716 of that cost shall be paid from the City's Water Utility funds, and the remainder thereof 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. The assessments, interest, and any penalties thereon, shall be for the sole purpose of payment into the ULID 2002-01 Bond Account of the City's Current Water Fund for the payment of the revenue bonds or other obligations to be issued to pay the costs of the improvements in the District. SECTION 6. The City is authorized to issue revenue bonds for the District which shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all short- term obligations hereafter authorized and not redeemed in cash within twenty days after the expiration of the 30-day period for the cash payment without interest of assessments on the assessment roll for the District. The bonds shall be paid and redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of "payment by bonds," as defined by law and the ordinances of the City. The exact form, amount, date, interest rate and denominations of such bonds hereafter shall be fixed by ordinance of the 3 Establishing U£ID No. 2002-0~ City Council. Such bonds shall be sold in such manner as the City Council shall hereafter determine. SECTION 7. In accordance with the provisions of RCW 35.44.047, the City finds that a front footage method of computing assessments may be deemed to fairly reflect the special benefits to the properties being assessed. SECTION 8. The preliminary assessment roll on file in the City Engineer's office is hereby confirmed and adopted. SECTION g. Within fifteen (15) days of the passage of this Ordinance, there shall be filed with the City Treasurer, the title of the improvements 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 specifically benefited thereby and the estimated cost and expense of such improvements to be borne by each lot, tract or parcel of land. The City Treasurer immediately shall post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvements. SECTIONIO. Engineering and surveying costs as provided under the supervision of the City Engineer, and other necessary costs such as legal, financing, accounting, clerical and advertising described in RCW 35.44.020, shall be included in the costs to be assessed against the properties in the utility local improvement district. SECTION 1L Severabili¢. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 12. ~ This ordinance shall take effect and be in force eleven (11) days from and after its passage, approval and publication as provided by law. 4 Establishing ULID No. 2002-01 APPROVED by the City Council the PASSED by the City Council the day of day of ,2002 ,2002 CAROL ARENDS, Council President Approved this day of ,2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2002 ,2002 R:\LEGAL\Files\Current Active Files\W650 ULID\Ordinance establishing ULID.doc 5 Establishing ULID No. 2002-01 PROPOSED ASSESSMENTS City of Brernerton $121,588.22 Olympic Property Group, LL¢ $72,513.46 Five C's $206, I J4. 94 Five C's $69,060. 44 ~ J.E. Skirving Estate $3B, 924. 97 J.E. Skirvin~? Estate $37, 983.24 J.E. Skirving $,34,530.22 Es to te J.E. $kirving Estate $111,438.43 J.E. Skirving Estate (~) $34,634.86 J.E. $kirving Estate $34, 634. 86 Cropsey, LLC $34, 11 I. 6 7 J.E. $kirving Estate $66,549. 15 J.E. Skirving Estate $66,549. 15 U.L.LD. No. 2002- 01 Boundary Map BEFORE THE HEARINGS EXAMINER FOR THE CITY OF BREMERTON In the Matter of: The Formation & Preliminary Assessment of ULID 2002-01 (Water Main Improvements) ) ) ) ) ) ) ) NO. ULID 2002-01 FINDINGS, CONCLUSIONS & RECOMMENDATION SUMMARY OF RECOMMENDATION The Hearing Examiner reviewed the preliminary cost estimate, the preliminary assessment roll and the preliminary assessment raap at a hearing held on November 19, 2002. No one protested the cost estimate, assessment roll or assessment map. The Hearing Examiner recommends approval of ULID 2002-1. SUMMARY OF RECORD ~ Date: November 19, 2002. Exhibits: 2. 3. 4. 5. 6. Preliminary Cost Estimate Preliminary Assessment Roll Preliminary Legal Description of District Boundary Preliminary Assessment Map Power Point Slide Presentation (Copies of 8 slides) Certificate of Mailing of Notice to Property Owners. Testimony: Mr. Robert Earl, City Public Works & Utilities Department. Mr. Simon Stocker, Attorney at Law, represented the City. FINDINGS On October 30, 2002, the City Council adopted Resolution No. 2877 declaring its intention to order the improvement of West 650 Zone distribution water main. The project is known as the "West 650 Pressure Zone Improvements, Utility Local Improvement District 2002-01" (hereafter "ULID 2002-01 ). Resolution No. 2877. The City Council set November 19, 2002, at 9:00 AM in the Council Chambers of the City Hall as the time and place for heating all matters relating to the proposed improvement and all objections thereto, and for determining the method of payment for the improvements. Resolution No. 2877. City of Bremerton Hearing Examiner Findings, Conclusions & Recommendation ULID 2002-01 Page I of 3 o o o Notice of the hearing was sent by US Mail on October 31, 2002, to the property owners to be assessed under the proposed ULID 2002-01. Exhibit 6. Notice was also given by telephone call to representatives of property owners to be assessed under the proposed ULID. The five property owners impacted by ULID 2002-01 were aware of the proposal, the proposed cost estimates, and the proposed assessments. Testimony of Mr. Earl. No one other than city staff was present at the hearing on this preliminary assessment. No one other than city staff' submitted any written comments on this preliminary assessment. City staff recommended approval of the proposed ULID and the assessments. Testimony of Mr. t~arl; Presentation by Mr. Stocker. The boundaries of ULID 2002-01 are appropriately described in Exhibits 3 and 4, for purposes of preliminary assessment. Exhibits 3 & 4; Testimony of Mr. Earl. The property within these boundaries will be improved by the installation of a 12- inch distribution water main. Exhibit 1. The proposed improvements are necessary to support continued growth and in the interests of public health and welfare. Testimony of Mr. Earl. The total estimated cost of the proposed improvement is $1,005,970~, of which $120,716 of that cost will be paid from the City's Water Utility funds. The remainder of the cost will be assessed against the property specially benefited by the proposed improvement included in the ULID District. Costs other than construction, but related to the improvement, include interim financing, bond sale, right-of-way acquisition and construction management. The total preliminary cost to be assessed against property owners totals $928,654. Exhibit 1. The preliminary assessment rolls, showing the estimated cost to each property specially benefited, is detailed in Exhibit 2. No one objected to this preliminary assessment roll. Exhibit 2. CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hear this preliminary assessment and recommend approval or disapproval to the City Council pursuant to Chapter 35.43 of the Revised Code of Washington, Bremerton Municipal Code Section 11.04.040 and City Council Resolution No. 2877. Conclusions Based on Facts The Preliminary Boundaries of ULID 2002-01 are appropriately described in Exhibits 3 & 4. Findings of Fact No. 5. ~ The comparable figure used in Resolution No. 2877 is $1,049,370. The reason for the difference is that the total in the Resolution includes administrative expenses, without applying the 12% deduction from construction improvements. The bottom line for total estimated project costs to be assessed against property owners of $928,654 is not affected by the method of calculation of total project costs. City' of Bremerton Hearing Examiner Findings, Conclusions & Recommendation ULID 2002-01 Page 2 of 3 The Preliminary Cost Estimate for ULID 2002-01 is appropriately described in Exhibit 1. Findings of Fact No. 6. The Preliminary Assessment Roll for ULID 2002-01 is appropriately described in Exhibit 2. Findings of Fact No. 7. o The proposed preliminary boundaries and assessment roll should be approved. Findings of Fact No. I - 7. RECOMMENDATION Based on the preceding Findings and Conclusions and, having determined that no protests have been filed, the undersigned Hearing Examiner hereby recommends that ULID 2002-01, as presented at the hearing on November 19, 2002 be APPROVED by the Bremerton City Council. Signed this 20th day of November 2002 THEODORE PAUL HUNTER, Hearing Examiner City of Bremerton Hearing Examiner Findings, Conclusions & Recommendation ULID 2002-01 Page 3 of 3 WEST 650 PRESSURE ZONE IMPROVEMENTS U.L.I.D. No. 2002 - 01 Distribution Water Main Certification Exhibit 1 - Preliminary Cost Estimate Item IEstimated Description Cost Estimated Cost of Improvements' 1 2 3 Engineering Construction Cost Construction Management & Inspection 4 Less City's 12% Contribution2 Estimtated Administrative Expenses 5 6 7 8 Subtotal: Subtotal: Interim Financing: Bond Sale: ROW Acqusition: Permit Fees: Estimated Project Cost Funded by ULID Assessment: $ 72,000.00 $902,970.00 31,000.00 $1,005,970.00 (120,716.40) $ 885,253.60 10,000.00 25,000.00 8,400.00 0.00 $ 928,654.00 Notes: 1. The above estimate was prepared using the best information now available, but is subject to change. 2. City's 12% Contribution in accordance with City Financial Policy Guideline 1-10-07 £XH.:~ ~"T / Certification Exhibit 3 Boundary, Description - ULID No. 2002 - 01 That portion of Sections 20 and 29, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, more particularly described as follows: Beginning at the NW comer of the NE ¼ of the NE ¼ of said Section 29; Thence Westerly to the NW comer of said Section 29; Thence southerly to the SW comer of said Section 29; Thence easterly to the SW comer of the SW ¼, of the SE ¼, of said Section. 29; Thence northerly to the SW comer of the NW ¼, of the SE ¼, of said Section 29; Thence easterly along thesouth line of said NW ¼ of the SE ¼, 396-feet; Thence northerly to a point on the north line of the S ½ of the SW ¼ of the NW ¼ of the SE ¼ of said Section 29; Thence easterly to the NE comer of the said S V2, of the SW ¼, of the NW ¼, of the SE ¼, of said Section 29; Thence northerly to the NW comer of the E 1/2, of the NW ¼, of the SE ¼, of said Section 29; Thence easterly to the NE comer of the E ½, of the NW ¼, of the SE/1/4, of said Section 29; Thence northerly to the NW comer of the SE 1/4, of the NE ¼, of said Section 29;;Thence easterly to the SW comer of the S ½, of the E ½,of the S ½, of the S ½, of the NE ¼, o£the NE ¼, of said Section 29; Thence northerly to the NW comer of the S ½, of the E ½, of the S ½, of the S ½,of the NE ¼ ,of the NE ¼, of said Section 29; Thence easterly to the NE corner of the S ½, of the E ½, of the S ½, of the S ½, of the NE ¼, of the NE ¼, of said Section 29; Thence northerly to the NE comer of said Section 29, being also the SE comer of said Section 20; Thence northerly to the NE comer of the SE ¼, of said Section 20; Thence northerly to the NE comer of the S ½, of the SE ¼, of the NE ¼, in said Section 20; Thence westerly to the NW comer of the S ½, of the SE ¼, of the NE ¼, in said Section 20; Thence southerly to the SW comer of the SE ¼, of the SE ¼ of said Section 20, also being the NW comer of the NE ¼, of the NE ¼, of said Section 29 and the Point of beginning. PROPOSED ASSESSMENTS City of Brernerton $121,585.22 Olympic Property Group, LLC ~,72,513. 46 Five C's $206, IJ4.94 Five C's ,¢69, 060. 44 J.E. Skirving Estate $38, 924. 9 7 J.E. Skirving Estate ~ $37,98.~.24 (~ J.E. Sk]rving Estate $$4, 5.~0. 22 J.E Skirving Estate (~ J.E. Skirving Estate $.~4,63 4.86 ~ J.E. Skirving Estate ]~54, 634. 86 Cropsey, LLC ~) ~J4,11~.~7 J.E. Skirving Estate $66,549. 15 J.E. Skirving Estote ~ ~66,549. ~5 F Certification Exhibit 4 U. L. L D. No. 2002- 01 Distrubution Water Main £X/--/i/~)T' z¢ ~? 2 CERTIFICATE 01' MAHJNG I, Cherie Henry, Office Assistant Sr. Specialist in the City Clerk's Office of the City of Bremerton, do hereby certify that on the .31st day of October, 2002, I placed a Notice of Prop0sed Improvement and Hearing Thereon for Utility Local Improvement District No. 2002-01 to be held in the City Council Chambers, with requisite postage hereon, in a United States mailbox for collection and delivery by the Postal Authorities to the following: Olympic Property Group, LLC c/o O1 ,yn~gic Resource Management 19245 10~ Avenue NE Poulsbo, WA 98370 J. E. Skirving Estate 2135 6t~ Street Bremerton, WA 98312 Five Cs P O Box 4100 Bremerton, WA 98312 Cropsey, LLC 4732 Old Stump Road Gig Harbor, WA 98332 Notice was hand delivered to and received by the :following: City Clerk City of Bremerton 239 Fourth Street Bremerton, WA 98337 Dated at Bremerton, Washington on this 31 st day of October 2002. CHERm HBN Y (/ Office Assistant Sr. Specialist CITY OF BREMERTON, WASHINGTON UTILITY LOCAL IMPROVEMENT DISTRICT NO. 2002-01 NOTICE OF PROPOSED IMPROVEMENT AND HEARING THEREON TO: Cropsey, LLC 4732 Old Stump Road Gig Harbor, WA 98332 NOTICE IS GIVEN that the City of Bremerton, Washington (the "City"), pursuant to Resolution No. 2877 adopted October 30, 2002, declared its intention to initiate the formation of Utility Local Improvement District No. 2002-01 to order the improvement of a portion of the West 650 Zone distribution water main construction and to assess a part of the cost and expense of those improvements against the property in that district specially benefited thereby. The total cost of the proposed improvements is estimated to be $1,049,370 approximately $120,716 of which cost and expense shall be paid by the City and the balance thereof (approximately $928,654) shall be borne by and assessed against the properties specially benefited by the improvements to be included within the proposed local improvement district to be established embracing as nearly as practicable all property specially benefited by the improvements. The public hearing upon the proposed improvemex~ts will be held before the Hearing Officer in the City Council Chambers in the City Hall in Bremerton, Washington, at 9:00 a.m., local time, or later, on November 19, 2002. All persons desiring to comment in support of or object to the proposed improvements and formation of the utility local improvement district are notified to appear and present those comments or objections at that hearing. If the City Council shall elect to pass an ordinance forming the local improvement district, the owners of property within the local improvement district shall have a period of 30 days fi.om and after the date of passage of that ordinance to file with the City Clerk a written protest to the ordering of the improvements. The protest should be signed by the property owner and should state the property by address, lot and block or other appropriate description. Attached are shown the estimated benefits to, and assessment against, the property herein listed of which you are shown on the rolls of the Kitsap County Assessor to be the owner. The actual assessment may vary from the estimated assessment as long as it does not exceed a figure equal to the increased tree and fair value the improvements add to the property. ~Ycity Clerl~, City of Bremerton IF THIS NOTICE IS RECEIVED BY SOMEONE OTHER THAN THE OWNER OF THE HEREIN- DESCRIBED PROPERTY, PLEASE FORWARD TO THE OWNER AND NOTIFY THE CITY CLERK. R:\LEGAL~Files\Current Active Files\W650 ULID\Notice of Formation.doc N ULID BOUNDARY WES T 650 ZONE WA TER MAIN 'SED ULID B, = 292401-2-002-2008' = 292401-1-018-2002 = 202401-4-00.7-2002 = 202401-4-004-2001 = 20240!- 4- 005-2000 = 202401-4-006-2009 = 202401-4-007-2008 = 202401-4-008-2007 = 202401-4-009-2006 = 202401-4-010-2007 = 202401-1-005-2006 = 202401- 1-006-2005 = 202401- 1-007-2004 ~~ooo~o I sll 0 W ~ ~ ~ ~0~~~0 I~ ~ll~ O0 O0000000 0 0 0 0 0 0 0 O~ EE EEEEEE&E 0 O ~' t..- t-. r- t-- ~- -.I r" ~' 'E 'E 'E 'E 'E 'E ~; 'E 'E 0 0 0 CITY OF BREMERTON, WASHINGTON UTILITY LOCAL IMPROVEMENT DISTRICT NO. 2002-01 NOTICE OF PROPOSED IMPROVEMENT AND HEARING THEREON TO: J.E. Skirving Estate 2135 6th Street Bremerton, WA 98312 NOTICE IS GIVEN that the City of Bremerton, Washington (the "City"), pursuant to Resolution No. 2877 adopted October 30, 2002, declared its intention to initiate the formation of Utility Local Improvement District No. 2002-01 to order the improvement of a portion of the West 650 Zone distribution water main construction and to assess a part of the cost and expense of those improvements against the property in that district specially benefited thereby. The total cost of the proposed improvements is estimated to be $1,049,370 approximately $120,716 of which cost and expense shall be paid by the City and the balance thereof (approximately $928,654) shall be borne by and assessed against the properties specially benefited by the improvements to be included within the proposed local improvement district to be established embracing as nearly as practicable all property specially benefited by the improvements. The public hearing upon the proposed improvements will be held before the Hearing Officer in the City Council Chambers in the City Hall in Bremerton, Washington, at 9:00 a.m., local time, or later, on November 19, 2002. All persons desiring to comment in support of or object to the proposed improvements and formation of the utility local improvement district are notified to appear and present those comments or objections at that hearing. If the City Council shall elect to pass an ordinance forming the local improvement district, the owners of property within the local improvement district shall have a period of 30 days from and after the date of passage of that ordinance to file with the City Clerk a written protest to the ordering of the improvements. The protest should be signed by the property owner and should state the property by address, lot and block or other appropriate description. Attached are shown the estimated benefits to, and assessment against, the property herein listed of which you are shown on the rolls of the Kitsap County Assessor to be the owner. The actual assessment may vary from the estimated assessment as long as it does not exceed a figure equal to the increased tree and fair value the improvements add to the property. City Clerk, City of Bremerton IF THIS NOTICE IS RECEIVED BY SOMEONE OTHER THAN THE OWNER OF THE HEREIN- DESCRIBED PROPERTY, PLEASE FORWARD TO THE OWNER AND NOTIFY THE CITY CLERK. R:\LEGAL~Files\Current Active Files\W650 ULID\Notice of Formation.doc 33 CITY OF BREMERTON, WASHINGTON UTILITY LOCAL IMPROVEMENT DISTRICT NO. 2002-01 NOTICE OF PROPOSED IMPROVEMENT AND HEARING THEREON TO: Five Cs P.O. Box 4100 Bremerton, WA 98312 NOTICE IS GIVEN that the City of Bremerton, Washington (the "City"), pursuant to Resolution No. 2877 adopted October 30, 2002, declared its intention to initiate the formation of Utility Local Improvement District No. 2002-01 to order the improvement of a portion of the West 650 Zone distribution water main construction and to assess a part of the cost and expense of those improvements against the property in that district specially benefited thereby. The total cost of the proposed improvements is estimated to be $1,049,370 approximately $120,716 of which cost and expense shall be paid by the City and the balance thereof (approximately $928,654) shall be borne by and assessed against the properties specially benefited by the improvements to be included within the proposed local improvement district to be established embracing as nearly as practicable all property specially benefited by the improvements. The public hearing upon the proposed improvements will be held before the Hearing Officer in the City Council Chambers in the City Hall in Bremerton, Washington, at 9:00 a.m., local time, or later, on November 19, 2002. All persons desiring to comment in support of or object to the proposed improvements and foxmation of the utility local improvement district are notified to appear and present those comments or objections at that hearing. If the City Council shall elect to pass an ordinance forming the local improvement district, the owners of property within the local improvement district shall have a period of 30 days from and after the date of passage of that ordinance to file with the City Clerk a written protest to the ordering of the improvements. The protest should be signed by the property owner and should state the property by address, lot and block or other appropriate description. Attached are shown the estimated benefits to, and assessment against, the property herein listed of which you are shown on the rolls of the Kitsap County Assessor to be the owner. The actual assessment may vary fi:om the estimated assessment as long as it does not exceed a figure equal to the increased tme and fair value the improvements add to the property. City Clerk, City of Bremerton IF THIS NOTICE IS RECEIVED BY SOMEONE OTHER THAN THE OWNER OF THE HEREIN- DESCRIBED PROPERTY, PLEASE FORWARD TO THE OWNER AND NOTIFY THE CITY CLERK. R:\LEGAL~Files\Current Active Files\W650 ULIDLNotice of Formation.doc CITY OF BREMERTON, WASHINGTON UTILITY LOCAL IMPROVENIENT DISTRICT NO. 2002-01 NOTICE OF PROPOSED IMPROVEMENT AND HEARING THEREON TO: Olympic Property Group, LLC C/O Olympic Resource Mgmt 19245 10th Avenue NE Poulsbo, WA 98370 NOTICE IS GIVEN that the City of Bremerton, Washington (the "City"), pursuant to Resolution No. 2877 adopted October 30, 2002, declared its intention to initiate the formation of Utility Local Improvement District No. 2002-01 to order the impro~,ernent of a portion of the West 650 Zone distribution water main construction and to assess a part of the cost and expense of those improvements against the property in that district specially benefited thereby. The total cost of the proposed improvements is estimated to be 5; 1,049,370 approximately $120,716 of which cost and expense shall be paid by the City and the balance thereof (approximately $928,654) shall be bome by and assessed against the properties specially benefited by the improvements to be included within the proposed local improvement district to be established embracing as nearly as practicable all property specially benefited by the improvements. The public hearing upon the proposed improvements will be held before the Hearing Officer in the City Council Chambers in the City Hall in Bremerton, X~rashington, at 9:00 a.m., local time, or later, on November 19, 2002. All persons desiring to comment in support of or object to the proposed improvements and formation of the utility local improvement district are notified to appear and present those comments or objections at that hearing. If the City Council shall elect to pass an ordinance forming the local improvement district, the owners of property within the local improvement district shall have a period of 30 days fi.om and at~er the date of passage of that ordinance to file with the City Clerk a written protest to the ordering of the improvements. The protest should be signed by the property owner and should state the property by address, lot and block or other appropriate description. Attached are shown the estimated benefits to, and assessment against, the property herein listed of which you are shown on the rolls of the Kitsap County Assessor to be the owner. The actual assessment may vary from the estimated assessment as long as it does not exceed a figure equal to the increased tree and fair value the improvements add to the property. City Clerk, City of Bremerton IF THIS NOTICE IS RECEIVED BY SOMEONE OTHER THAN THE OWNER OF THE HEREIN- DESCRIBED PROPERTY, PLEASE FORWARD TO THE OWNER AND NOTIFY THE CITY CLERK. R:\LEGALXFiles\Current Active Files\W650 ULID\Notice of Formation.doc 35 CITY OF BREMERTON, WASHINGTON UTILITY LOCAL IMPROVEMENT DISTRICT NO. 2002-01 NOTICE OF PROPOSED IMPROVEMENT AND HEARING THEREON TO: City of Bremerton 239 4th Street Bremerton, WA 98337-1877 NOTICE IS GIVEN that the City of Bremerton, Washington (the "City"), pursuant to Resolution No. 2877 adopted October 30, 2002, declared its intention to initiate the formation of Utility Local Improvement District No. 2002-01 to order the improven~sent of a portion of the West 650 Zone distribution water main construction and to assess a part of the cost and expense of those improvements against the property in that district specially benefited thereby. The total cost of the proposed improvements is estimated to be $1,049,370 approximately $120,716 of which cost and expense shall be paid by the City and the balance thereof (approximately $928,654) shall be borne by and assessed against the properties specially ben¢fited by the improvements tO be included within the proposed local improvement district to be established embracing as nearly as practicable all property specially benefited by the improvements. The public hearing upon the proposed improvements will be held before the Hearing Officer in the City Council Chambers in the City Hall in Bremerton, Washington, at 9:00 a.m., local time, or later, on November 19, 2002. All persons desiring to comment in support of or object to the proposed improvements and formation of the utility local improvement district are notified to appear and present those comments or objections at that hearing. If the City Council shall elect to pass an ordinance forming the local improvement district, the owners of property within the local improvement district shall have a period of 30 days fi.om and after the date of passage of that ordinance to file with the City Clerk a written protest to the ordering of the improvements. The protest should be signed by the property owner and should state the property by address, lot and block or other appropriate description. Attached are shown the estimated benefits to, and assessment against, the property herein listed of which you are shown on the rolls of the Kitsap County Assessor to be the owner. The actual assessment may vary from the estimated assessment as long as it does not exceed a figure equal to the increased tree and fair value the improvements add to the property. City Clerk, City of Bremerton IF THIS NOTICE IS RECEIVED BY SOMEONE OTHER THAN THE OWNER OF THE HEREIN- DESCRIBED PROPERTY, PLEASE FORWARD TO THE OWNER AND NOTIFY THE CITY CLERK. R:\LEGAL~Files\Current Active Files\W650 ULID\Notice of Formation.doc