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HomeMy WebLinkAbout4619 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINi~NCE NO. 4 6 I 9 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ORDERING THE CONSTRUCTION OF STREET, CURBS, GUTTERS, SIDEWALKS, A STORM DRAINAGE SYSTEM, A STREET ILLUMINATION SYSTEM, AN UNDERGROUND ELECTRICAL POWER SYSTEM AND NECESSARY APPURTENANCES AS REQUIRED (PROJECT NO. 502) ON 37TH STREET S.E. FROM "A" STREET S.E. TO "M" STREET S.E. AND "D" STREET S.E. FROM 37TH STREET S.E. 200 FEET SOUTH (EAST ONE-HALF ONLY) WITHIN THE CITY OF AUBURN, ALL IN ACCORDANCE WITH RESOLUTION NO. 2383 OF THE CITY COUNCIL; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 341 AND ORDERING THE CARRYING OUT OF THE PROPOSED IMPROVEMENT; PROVIDING THAT PAYMENT FOR THE IMPROVEMENT BE MADE IN PART BY SPECIAL ASSESSMENTS UPON THE PROPERTY IN THE DISTRICT, PAYABLE BY THE MODE OF "PAYMENT BY BONDS"; AND PROVIDING THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS REDEEMABLE IN CASH OR OTHER SHORT-TERM FINANCING AND LOCAL IMPROVEMENT DISTRICT BONDS. WHEREAS, pursuant to Resolution No. 2383 adopted by the City Council March 1, 1993, the City Council declared its intention to order the construction of street, curbs, gutters, sidewalks, a storm drainage system, a street illumination system, an underground electrical power system and necessary appurtenances (Project No. 502) on 37th Street S.E. from "A" Street S.E. to "M" Street S.E. and "D" Street S.E. from 37th Street S.E. from 37th Street S.E. 200 feet South (East one- half only) within the City, and fixed April 5, 1993, at 7:30 p.m., local time, in the Council Chambers of the City Hall, 25 West Main Street, Auburn, Washington, as the time and place for hearing all matters relating to the proposed improvement Ordinance No. 4619 April 1, 1993 Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I? 18 19 20 21 22 23 24 25 26 objections thereto and for determining the method of payment for the improvement; and WHEREAS, the City Engineer caused an estimate to be made of the cost and expense of the proposed improvement and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed improvement, a description of the boundaries of the proposed local improvement district, and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district; and WHEREAS, that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed improvement and the estimated costs and expense thereof to be borne by each lot, tract and parcel of land or other property; and WHEREAS, due notice of the above hearing was given in the manner provided by law, and the hearing was held by the City Council on the date and at the time above mentioned, and all objections to the proposed improvement were duly considered and overruled, and all other protests were overruled by the Ordinance No. 4419 April 1, 1993 Page 2 1 2 3 4 5 6 7 8 9 10 11 '12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 City Council, and all persons appearing at such hearing and wishing to be heard were heard; 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 local improvement district be created in connection therewith. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ssotion I. The City Council Washington (hereinafter referred to of the City of Auburn, as "City") hereby orders the construction of street, curbs, gutters, sidewalks, a storm drainage system, a street illumination system, an underground electrical power system and necessary appurtenances (Project No. 502) on 37th Street S.E. from "A" Street S.E. to "M" Street S.E. and "D" Street S.E. from 37th Street S.E. from 37th Street S.E. 200 feet South (East one-half only) within the City. All of the foregoing shall be in accordance with the plans and specifications therefor 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 improvement. Ordinance No. 4619 April 1, 1993 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 2. There is hereby created and established a local improvement district to be called Local Improvement District No. 341 of the City of Auburn, Washington (hereinafter referred to as "District"), the boundaries and territorial extent of the District being more particularly described in Exhibit "A" which is attached hereto and by this reference incorporated herein. Seotlon 3. The total estimated cost and expense of the improvement is declared to be ONE MILLION FIVE HUNDRED THIRTY THOUSAND DOLLARS ($1,530,000.00). Approximately TWO HUNDRED THOUSAND DOLLARS ($200,000.00) of the cost and expense shall be paid by the City and the balance of such cost and expense shall be borne by and assessed against the property specially benefited by such improvement included in the District which embraces as nearly as practicable all property specially benefited by such improvement. Seotion 4. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute assessments which may be deemed to fairly reflect the special benefits to the properties being assessed. Section 5. Local improvement district warrants may be issued in payment of the cost and expense of the improvement Ordinance No. 4619 April I, 1993 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 341, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the City Finance Director, as issuing officer, and to be redeemed in cash and/or by local authorized to be issued, hereafter referred to improvement district bonds herein such interest-bearing warrants to be as "revenue warrants". In the alternative, the issuance of other short-term Chapter 39.50 RCW. The City is authorized to the City hereafter may provide by ordinance for obligations pursuant to issue local improvement district 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 revenue warrants issued hereunder or other short-term obligations hereafter authorized and not redeemed in cash within twenty days after the expiration of the thirty-day period for the cash payment without interest of assessments on the assessment roll for the Ordinance No. 4619 April 1, 1993 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 District. The bonds shall be 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 interest rate and denominations of be fixed by ordinance of the City be sold in such manner as the City determine. Seotion 6. In all cases where done in connection with the making exact for~ amount~ date, such bonds hereafter shall Council. Such bonds shall Council hereafter shall the work necessary to be of such improvement is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work will be made in cash warrants drawn upon the Local Improvement Fund. Seotion 7. The Local Improvement Fund for the District is created and established in the office of the City Finance Director. The proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and the collections of special Ordinance No. 4619 April 1, 1993 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 assessments, interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvement and cash warrants in payment for all other items of expense in connection with the improvement shall be issued against the Local Improvement Fund. section S. Within fifteen days of the passage of this ordinance there shall be filed with the City Finance Director the title of the improvement and District number, a copy of a 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 specially benefited thereby and the estimated cost and expense of such improvement to be borne by each lot, tract or parcel of land. The City Finance Director immediately shall post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvement. Smo~ion 9. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Ordinance No. 4619 April 1, 1993 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1'7 18 19 2O 21 22 23 24 25 26 INTRODUCED: April 5. 1993 PASSED: April 5, 1993 April 5, 1993 APPROVED: MAYOR ATTEST: ~ity Clerk APPROVED AS TO FORM: Stephen R. Shelton, City Attorney PUBLISHED: Ordinanc~ No. 4619 April 1, 1993 Page 8 ~'-. ORDINA/~'CE NO. 4619 LEGAL DESCRIPTION LID 341 BOUNDARY PR 502 THAT PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SOUTHWEST QUARTER OF SECTION 30; THENCE SOUTH 89-11-42 EAST, 33.67 FEET ALONG THE NORTH BOUNDARY OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TO THE EASTERLY MARGIN OF "A" STREET SE EXTENDED AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 01-00-48 WEST SJ~ONG SAID EASTERLy MARGIN, 444.36 PEET; THENCE SOUTH 89-11-42 EAST, 560.98 FEET TO THE WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30; THENCE SOUTH 01-13-09 WEST, 212.84 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION $0; THENCE SOUTH 89-08-16 EAST, ALONG THE SOUTH BOUNDARY OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30 A DISTANCE OF 567.02 FEET TO THE WEST MARGIN OF #D# STREET SE; THENCE NORTH 01-0S-55 EAST A~ONG SAID WEST MARGIN, 485.89 FEET; THENCE SOUTH 89-09-59 EAS?, 202.00 FEET TO THE WEST BOUNDARY OF LOT NO. 3 OF CITY OF AUBURN SHORT P~T NO. SP-25-77; THENCE SOUTH 01-08-57 WEST, 7.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT NO. 3; THENCE SOUTH 89-09-59 EAST, 28.00 FEET TO THE NORTHWEST CORNER OF LOT NO. 4 OF S~t~D CITY OF AUBURN SHORT PLAT NO. SP-25-77; THENCE SO~"~H 01-08-56 W~T, 150.00 FEET TO THE SOUTHWEST CORNER OF SAID ~ NO. 4 AND THE NORTHERLY BOUNDARY OF THE PLAT OF RIVENDELL ~STATES AS IN VOLUME 113 OF PLATS, PAGES 47 AND 48, ~CO~DS OF KING WASHINGTON; THENCE SOUTH 89-09-59 EAST, 460.59FEET TO THE NORTHEAST CORNER OF SAID PLAT OF RIVENDEIJ~ ESTATES; THENCE SOUTH 01--06-25 WEST, 329.223 FEET TO THE SOUTHF~T CORNER OF SAID PLAT OF RIVENDELLESTATES; THENCE SOUTH89-08-16 EAST, 660.83 FEE~TO THE SOU~%IEAST CORNER OF THE NORTHEAST QUARTER OF~ SOUTHEAST QUARTER OF THE SOU~q4WBST QUARTER OF SAID SECTION 30; TH~NCI NORTH 54-O1-38 EAST, 507.37 FEET; THENCE NOR"I%I 66-02-26 F. JuST, 98.57 FEET; THENCE NORTH 78-03-26 EAST, 570.29 FEET; THENCE NORT~ 01- 04-10 EAST, 188.21 FEET TO THE SOU"ii{ BOUNDARY OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30; TH~CE SOUTH 89-11-43 EAST ALONG SAID SOUTH BOUNDARy, 243.22 FEET TO A POINT 30.00 FEET WESTEPJ~Y, MEASURED AT RIGHT ANGLES, OF THE EAST BOUNDARY OF SAID NORTHWEST QUARTER OF THE SOU~%IEAST QUARTER OF SECTION 30; THENCE NORTH 01-05-24 EAST P~M~J-J.~.J~WI~ SAID EAST BOUNDARY OF THE NOR~IWEST QUARTER OF THE SOU"I"rlEAST QUARTER OF SECTION 30, A DISTA/~CE OF 736.79 FEET TO THE SOUTHEAST CORNER OF LOT NO. i OF THE PLAT OF GILDO RAY AS RECORDED IN VOLUME 144 OF -EXHIBIT "A# ORDINANCE NO. LEGAL DESCRIPTION LID 341 BOUNDARY PR 502 PAGE 2 PLATS, PAGES 6 THROUGH 8, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 89-18-34 WEST, '300.86 FEET TO THE SOUTHWEST CORNER OF LOT No. 4 OF SAID PLAT OF GILDO RAY; THENCE NORTH 01-05-26 EAST, 584.02 FEET TO THE EAST AND WEST CENTER OF SECTION LINE OF SAID SECTION 30; THENCE NORTH 89-18-34 WEST, ALONG SAID EAST AND WEST CENTER OF SECTION LINE OF SAID SECTION 30 A DISTANCE OF 1487.51 FEET; THENCE SOUTH 01-05-47 WEST, 729.11 FEET; THENCE NORTH 89-11-42 WEST, 1985.07 FEET TO THE EASTERLY MARGIN OF SAID "A" STREET SE; THENCE SOUTH 01-00-48 WEST ALONG SAID EASTERLY MARGIN EXTENDED, 588.13 FEET TO THE TRUE POINT OF BEGINNING. W /bU REF. H:\PROJECTS\PR502-5\E93-118