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HomeMy WebLinkAbout0410 ~rdin~ncs'No. ~10 AN 0Pd3IN~.'d~CE creating Local Improvement district No. 54 oompriseing all that property bounded as follows: All those low lamds, tide lands, or tide flats lying within and comprise~mg all that property in the City of Brem&rton, being bounded by the low tide land extending from the East line of Pacific Avenue to the Baath side of Sixth Street, thence West to the East siae of th~.t certain alley along the eastern side of Block Four ~4), thence southerly along the east side of said alley, crossing the intervening streets, following the said southern side of said aliey to the East side of Pacific Avenue, thence south along the East side of Pacific Avenue to the place of Commencement; providing for the filling same and the constructing of all necessary improvements incident.~l thereto, in order.to raise the s id property above the line of hill tide, declaring the said property as now existing to be in an unsanitay condition providing for the pay- ment of damages thnt ~uay be incurred by Eminent Domai~ proceedings and. prowiding for the assessment of all the costs of said ~p:~:~ment and the said awards for damages by the property benefited and included within the limits of said Local Improvement District, and for the terms of p~.ying of said assessments and for interest thereon. The City Counci$ of the City of Bremer~on do or.in as follows: Sec. 1. ~hat the public health, sanitation and general wefare of the City of Bremerton and the inhabit::~nts thereof dem~nd that all those Certain low lands, t~.de l~.nds, or tide flats lying within ~nd compris~ing all theft property in the City of Bremerton, being ~ounded by the low tideline extending from the East line of P~cific Avenue to t~e South side of Sixth Street, thence ~Vest to the East side of that certain alley running along the eastern side of block Four (4), thence southerly a~ong the East side of s~id alley cr0s:ing the int,Brvening streets following ~he said southern side of said ~lle3~ to the East side of Pacific Ave. to place of commencement be filled ~nd raised to a grade two (2[ feet above high tide, and th.~:t a sea wall be built aloSg the s~id line of low tide in such man- ner and out of ouch materi~l a~ to ~revent the said filled landm from washing and t~ insure the perm.~.nency of said improvement; that all of the expenses and cos~ incidental to, or connected with the said improvement s~all be assessed to the pro- perty benefited thereby and hereinbefore described, which property shall be and constitute a Local I.:provement District the purposes of said assessment, and shall be known as Local Improvement District No. 64. Sec, 2. That in order to compensate all persons for any damages th~:~t may be suffered because of said improvement, or that m~y be incurred by them under any lease or claim :vhatever because of the f~illing of said lands, the 0ity Attor- ney of the City of Bremerton is hereby autt~orized ~nd directed ti file a petition in the Superior Court of th~ State of ~¥ashingto for Kitsap County, in the name of said City praying that Just compensation be made for all such dam~.ges inmaking the improvement specified in this ordinance, be ascertain :d by a Jury or by the Court in case a Jury he waived, under the provisions of the acts of the Legislature of the State of ,~ashington, approved March 13, 19G7, being ~hapter 15:~ of said l~ws of 1907; and under the ~:rovisions of the Act of the Legist~lture of the State of '~ashington, a:proved March l?, 1909, being Chapter 147 of said A~ts of Legislature of 1909. Sec. Z. That the City Engineer of the City of Bremerton be and he i~ hereby instructed to prepare &t once, plans and ~,pecification~ for the said improve ment, together with an estimate of the mosts and expenses of making same, including the costs of supervision of enginneer's, abstraotor's fees, interest, and :.~:l other expenses incidental to said improvement including an esti:n~te of the amount of dam- ages for property to be taken or damaged therewith, which s~d plans and specifica- tions shall be submitted to the 0ity Council for their modification and approval. Ordinance No. 410 Cont'd. Sec 4. ~nen all plans and specifiaations have been prepared and such est- imate of the most and expense of m~king such improvement shall e made and adopted by the council as set out in the preceeding section, and when ~%n estimate has been made of the compensation to be p~id for property damaged or taken, either before or after such compensation shall be ascertained in the said Superior Court as here- inbefore provided, the City Co~?u~cil through t~e proper offic&r of officers of such city shall cause an asses.~ment roll to be prepared containing alist o~ all of the property within said improvements district wich it id proposed to assess for such improvement, together with the name~ of the owners, if known, and if ~- ~own the p~operty shall be assessed to an u~oE owner, and opposite each des- cription~shall be set the amour assessed to such description. '~en so ordered by the Co~cil the entire amount of compensation paid or to be paid for property damaged or taken including all of the costs and expenses incidental to the con- demnation proceedings and together with the enti~e costs and e~ense of ~king the improvement shall be assessed against the property within ~he district here- inbefore described subject to assessment. The several parcels of land located within the said improvement district~to be assessed for such lmprovemen~ shall be assessed according to and inproportion to surface a~ea, one square foot of sur- face to be ~it of assessment: PROVIDED, that where ny parcel of land was part- ially filled by the owner prior to the initiation of the improvement ~n equitable deduction for such p~tial filling may be allowed. SEc. 5. That tl,:e total ~o~t of costs of improvement shall be payable in ten (10) equal a~ual installments with interest thereon, being paid annually an to cover the ~o~t of such costs and expenses wh~ch may remain ~paid a~ter the completion of said improvement ~nd after notice to the severs~l owners of the pro- perty affected thereby, bonds may be issued and negotiated by the City of Bremerton in accordance with law, and particulaTl:~ set out and provided in Chapter 14~ of the session Laws of the State of Washington for 1909. Sec. 6. The local assessments herein provided for shallbear interest at such ra~e as may be fixed by the Oo~ctl, not exceeding the rate of eight per cent~ per ann~ and after the expiration of ~hirty days after t~he equalization of the assessment roll and shall bear such i$terest after dilinquency as ~ay be provided by general ordinance of the City, PROVI'0ED: That such assessm~nt shall bear interest at the rate of fifteen per cent per ann~ from an~ after the date of the certification of said ~ssessments to the 0o~ty ~eas~er oi the Cowry as in cases of local street assessments. Sec. 7. This ordin~nce shall be In full force and effect ~e da~s~after iSs passage, approw~l and publication. Passedby the City Co.oil and approved by me this 18tk da~ of ~rch, 1912. ~ City 01erk Filed this 18th day of ~rch, 1912.