HomeMy WebLinkAbout4955 CITY OF AUBURN, WASHINGTON
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5 ORDINANCE NO. 4955
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8 AN ORDINANCE ORDERING THE CONSTRUCTION OF STREET
9 IMPROVEMENTS INCLUDING THE CONSTRUCTION OF THE EAST
10 HALF-STREET, CURB AND GUTTER, SIDEWALK, DRIVEWAYS,
11 WATER, SEWER STUBS FOR FUTURE EXTENSION, STORM
12 DRAINAGE, LIGHTING AND UNDERGROUNDING EXISTING POWER TO
13 "B" STREET N.W. AND OTHER IMPROVEMENTS RELATED THERETO,
14 ALL IN ACCORDANCE WITH RESOLUTION NO. 2832 OF THE CITY
15 COUNCIL; ESTABLISHING LOCAL IMPROVEMENT DISTRICT
16 NO. 347 AND ORDERING THE CARRYING OUT OF THE PROPOSED
17 IMPROVEMENT; PROVIDING THAT PAYMENT FOR THE IMPROVEMENT
18 BE MADE IN PART BY SPECIAL ASSESSMENTS UPON THE
19 PROPERTY IN THE DISTRICT, PAYABLE BY THE MODE OF
20 "PAYMENT BY BONDS"; AND PROVIDING FOR THE ISSUANCE AND
21 SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS REDEEmaBLE
22 IN CASH OR OTHER SHORT-TERM FINANCING AND LOCAL
23 IMPROVEMENT DISTRICT BONDS.
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26 WHEREAS, by Resolution No. 2832 adopted March 17, 1997, the
27 City Council declared its intention to order the improvement of
28 the properties within the area described in Exhibit A, attached
29 hereto and by this reference made a part hereof, and fixed April
30 21, 1997, at 7:30 p.m., local time, in the Council Chambers of the
31 City Hall as the time and place for hearing all matters relating
32 to the proposed improvement and all comments thereon and
33 objections thereto and for determining the method of payment for
34 the improvement; and
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WHEREAS, 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 cost 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 giw~n 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 certain modifications to the improvement and the
allocation of the costs of the improvement were ordered to be
made, and all other protests were overruled by the City Council,
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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 improvement as modified herein and
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,
as follows:
Section 1.
Washington
within the
improvements,
including 24
water,
DO ORDAIN
The City Council of the City of Auburn,
(the "City"), orders the improvement of the properties
area described in Exhibit A by making street
including the construction of the east half-street,
foot pavement, curb and gutter, sidewalk, driveways,
sewer stubs for future extension, storm drainage, lighting
and undergrounding existing power in "B" Street N.W. and other
improvements related thereto.
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.
1 Section 2. There is created and established a local
2 improvement district to be called Local Improvement District
3 No. 347 of the City of Auburn, Washington (the "District"), the
4 boundaries or territorial extent of the District being more
5 particularly described in Exhibit A.
6 Section 3. The total estimated cost and expense of the
7 improvement is declared to be $926,000. Approximately $751,000 of
8 the cost and expense shall be borne by and assessed against the
9 property specially benefited by such improvement included in the
10 District which embraces as nearly as practicable all property
11 specially benefited by such improvement. The balance of such cost
12 and expense shall be paid by the City in the following manner:
13 $10,000 from the Storm Utility Fund(432); $40,000 from the
14 Arterial Street Fund (102); and $51,000 from the General Fund by a
15 1997 General Fund budget amendment and $74,000 previously budgeted
16 and expended from the Arterial Street Fund (102).
17 Section 4. In accordance with the provisions of
18 RCW 35.44.047, the City may use any method or combination of
19 methods to compute assessments which may be deemed to more fairly
20 reflect the special benefits to the properties being assessed than
21 the statutory method of assessing the properties.
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Section 5. Local improvement district warrants may be issued
in payment of the cost and expense of the improvement herein
ordered to be assessed, such warrants to be paid out of the Local
Improvement Fund, District No. 347, hereinafter created and
referred to as the Local Improvement Fund, and, until the bonds
referred to in this section are issued
purchaser thereof, to bear interest from the date
rate to be established hereafter by the City Finance
issuing officer, and to be redeemed in cash
improvement district bonds herein authorized to
and delivered to the
thereof at a
Director, as
and/or by local
be issued, such
interest-bearing warrants to
warrants." In the alternative,
ordinance for the issuance
pursuant to chapter 39.50 RCW.
be hereafter referred to as "revenue
the City hereafter may provide by
of other short-term obligations
If the City shall authorize expenditures to be made for such
improvement (other than for any cost or expense expected to be
borne by the City) prior to the date that any short-term
obligations or local improvement district bonds are issued to
finance the improvement, from proceeds of interfund loans or other
funds that are not, and are not reasonably expected to be,
reserved, allocated on a long-term basis or otherwise set aside to
pay the cost of the improvement herein ordered to be assessed
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against the property specially benefited thereby, the City
declares its official intent that those expenditures,, to the
extent not reimbursed with prepaid special benefit assessments,
are to be reimbursed from proceeds of short-term obligations or
local improvement district bonds that are expected to be issued
for the improvement in a principal amount not exceeding $751,000.
The City is authorized 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 ozdinance.
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 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
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fixed by ordinance of the City Council.
in such manner
Section 6.
Such bonds shall be sold
as the City Council hereafter shall determine.
In all cases where the work necessary to be done
in connection with the making 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.
Section 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 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
the Local Improvement Fund.
Section 8. Within 15 days of the passage of this
there shall be filed with the City Finance Director the
issued against
ordinance
title of
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the improvement and District number, a copy
print showing the boundaries of the District
assessment roll or abstract of such roll
tracts and parcels of land that will
of the diagram or
and the preliminary
showing thereon the lots,
be specially benefited
thereby and the estimated cost and expense of such
be borne
Director
her index of local improvement assessments
by
immediately shall post the proposed assessment
improvement to
each lot, tract or parcel of land. The City Finance
affected by the local improvement.
roll, reflecting the allocation
roll upon
against the properties
That preliminary assessment
of cost and expense of the
is set forth in Exhibit B.
improvements set forth in Section 2,
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1 Section 9. Effective Date of Ordinance. This ordinance
2 shall take effect and be in force from and after its passage and
3 five days following its publication as required by law.
INTRODUCED:
PASSED:
APPROVED:
ATTEST:
Robin Wohlhueter, City Clerk
Michael J. Reynolds, City Attorney
PUbLISHeD'
Charles A. Booth, Mayor
THAT PORTION OF THE EAST HALF OF SECTION 1, TO~rNSHIP 21 NORTH,
RANGE 4 EAST, WM DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION iL, THENCE
NORTH 00-50-34 EAST ALONG THE EAST BOUNDARY OF SAID SECTION 1, A
DISTA2~CE OF 1098.85 FEET; THENCE NORTH 86-35-02 WEST, 470.4'7 FEET;
THENCE NORTH 73-49-53 WEST, 492.95 FEET TO A POINT ON A LINE WHICH IS
PARALLEL WITH ~ 90 FEET EAST OF, MEASI/RED AT RIGHT A/~GLES,~ THE
CENTERLINE OF THE BURLINGTON NORTHERN RAILWAY RIGHT-OF-WAY; THENCE SOUTH
00-39-31 WEST ALONG SAID PA/%ALLEL LINE, 2100.43 FEET; THENCE NORTH 46
40-09 EAST, 472.55 FEET; THENCE SOUTH 89-02-33 EAST, 597.35 FEET TO SAID
EAST BOUNDARY OF SECTION 1; THENCE NORTH 01-06-24 EAST, 522.07 FEET TO
THE POINT OF BEGINNING.
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Exh/bit "A"
Ordinance No. 4955