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HomeMy WebLinkAbout4837ORDINANCE NO. 4 ~ ~ ''~ 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 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 L The area described as the West Hills Area shall be improved by the installation ora 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. SECTION 2. 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. SECTION3. 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 SECTION4. 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. SECTION 5. 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 fxom 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 Establishing ULID No. 2002-01 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 9. 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. SECTION 10. 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 11. Severability. 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. Effective Date. 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 ~/s~ day of PASSED by the City Council the~__ day of ,2002 ,2002 CAROL ARENDS, Council President Approved this day of ~ ,2002 CARY BOZEMAN, Mayor ATT~ ,/~,,,~ , APPROVED ASTO FORM: PUBLISHED the_zt2t.,/O_ day of~~~e~~, 2002 EFFECTIVE the~day of~.~,at~~, 2002 ORDINANCE NO. 4Q"8 7 R:kLEGAL~Files\Current Active Files\W650 ULID\Ordinance establishing ULID.doc Establishing ULID No. 2002-01 PROPOSED ASSESSMENTS City of Bremerton ~¢121,588. 22 Olympic Property Group, $72,515. 46 Five C's ~206, 134.94 Five C's ~69, 060. 44 ~ J.E. Skirving Estate ~58, 924.97 J.E. Skirving Estate ~ $57,983.24 LLC (~ J.E. Skirving Estate $34,530.22 J.E. $kirving Estate J.E. Skirving Estate (~ ~Z4,6Z4.86 ~ J.E. Skirving Estate ~34, 654.86 Cropsey, LLC ~) ,~Z4,111.67 ~ J.E. Skirving Estate ~66,549. 15 J.E. Skirving Estate ~ ~66,549. 15 U.L.LD. No. 2002- 01 Boundary Map AFFIDAVIT OF PUBLICATION No. Ad # 100036515 STATE OFWASH~GTON COUNTY OF KITSAP I, Peggy Szumiesz, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; December 10, 2002 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of lhe fee charged for the foregoing publication is the sum of $47.75 which amount has not been paid in full. ..c-<:".'"'<:',",,' v.~\", o A IN tv '''q's:.t; .. ..~.......s"" .. .. coMMISSf(l~ .. ~ <-., . ~ .. v;;0.. ..A r: .. NOlA 10......;'" 11 1'^7. ~ . ~" ..0 * ~L. "'.. :. ::;;\ "" ~ "4..9L fC' : f~ \" " ..... eo t o ....JO 06 ". ; ORDINANCE NO. 4837". "i~\;: f1.:~."" ..., "":0";:'. . / / - '-\.'~1SHING\ ~. AN ORDINANCE of the City Council of the City of Bremerton, Washington, ordering the West 650 Zoh~SS::S:;:;S . 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.- .~ ij ~~ (Signature of Principal Clerk) Subscribed and sworn to before me this day.of December 23,2002. ~j. TK) 6.~A H Notary Public in and for the State of Washington, Kitsap County. Approved by the City Council the 26th day of November, 2002.- Passed by the City Council the 4th day of December, 2002.- The full text of this ordinance is available from the Cily Clerk's Office, 239 Fomth Street, Bremerton, "vV A 98337.- December 10, 2002"#100036515-