HomeMy WebLinkAbout4279 1 ORDINANCE NO. 4 2 7 9
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AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE CONSTRUCTION
3 AND INSTALLATION OF ASPHALT PAVEMENT, INCLUDING CRUSHED ROCK SUBBASE,
STORM DRAINAGE DITCHES, GRAVEL SHOULDERS, RIGHT-OF-WAY ACQUISITION
4 AND MISCELLANEOUS RELATED WORK ALONG 53RD STREET S.E., WARD AVENUE
S.E., BRIDGET AVENUE S.E., 55TH STREET S.E., DUNCAN AVENUE S.E.,
5 FOSTER AVENUE S.E. AND PROPOSED 47TH STREET S.E, WEST OF FOSTER
AVENUE S.E. ; CONSTRUCTION AND INSTALLATION OF ASPHALT PAVEMENT,
6 INCLUDING GRAVEL BASE, CRUSHED ROCK SUBBASE, STORM DRAINAGE
DITCHES AND MISCELLANEOUS RELATED WORK ALONG PROPOSED 47TH STREET
7 S.E., WEST OF BRIDGET AVENUE S.E. ; INSTALLATION OF STREET LIGHTS
AT 53RD STREET S.E. AND WARD AVENUE S.E., 53RD STREET S.E. AND
8 BRIDGET AVENUE S.E., 55TH STREET S.E. AND FOSTER AVENUE S.E., BRIDGET
AVENUE S.E. AND PROPOSED 47TH STREET S.E. AND NORTH END CUL-DE-SAC
9 FOSTER AVENUE S.E., WITHIN THE COUNTY OF KING, STATE OF WASHINGTON,
ALL IN ACCORDANCE WITH RESOLUTION NO. 1827 OF THE CITY COUNCIL;
10 CREATING AND ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 339; PROVIDING
THE METHOD OF ASSESSMENT IN SAID DISTRICT AND THE MODE OF PAYMENT
11 THEREOF, AND CREATING A LOCAL IMPROVEMENT FUND THEREFOR AND AUTHORIZING
- STAFF TO CALL FOR BIDS.
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13 WHEREAS, by Resolution No. 1827 adopted March 7, 1988 the City Council
14 declared its intention to order the construction and installation of asphalt
15 pavement, including crushed rock subbase, storm drainage ditches, gravel
16 shoulders, right-of-way acquisition and miscellaneous related work along 53rd
17 Street S.E., Ward Avenue S.E., Bridget Avenue S.E., 55th Street S.E., Duncan
18 Avenue S.E., Foster Avenue S.E. ; construction and installation of asphalt
19 pavement, including gravel base, crushed rock subbase, storm drainage ditches
20 and miscellaneous related work along proposed 47th Street S.E., west of
21 Bridget Avenue S.E. ; installation of street lights at 53rd Street S.E. and
22 Ward Avenue S.E., 53rd Street S.E. and Bridget Avenue S.E., 55th Street S.E.
23 and Foster Avenue S.E., Bridget Avenue S.E. and proposed 47th Street S.E. and
24 north end cul-de-sac Foster Avenue S.E., within King County, and fixed April
25 4, 1988, at 7:30 p.m., local time, in the Council Chambers of the City Hall as
26 the time and place for hearing all matters relating to the proposed improve-
27 ment and all objections thereto and for determining the method of payment for
28 , the improvement; and
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Ordinance No. 4279
32 Page One
3/17/88
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1 WHEREAS, Mary Seabrands, the City Engineer, caused an estimate to be made
2 of the cost and expense of the proposed improvement and certified that esti-
3 mate to the City Council , together with all papers and information in his
4 possession touching the proposed improvement, a description of the boundaries
5 of the proposed Local Improvement District and a statement of what portion of
6 the cost and expense of the improvement should be borne by the property within
7 the proposed district; and
8 WHEREAS, that estimate is accompanied by a diagram of the proposed improve-
9 ment showing thereon the lots, tracts, parcels of land, and other property
10 which will be specially benefited by the proposed improvement and the est i-
11 mated cost and expense thereof to be borne by each lot, tract and parcel of
12 land or other property; and
13 WHEREAS, due notice of the above hearing was given in the manner provided
14 by law, and the hearing was held by the City Council on the date and at the
15 time above mentioned, and all objections to the proposed improvement were duly
16 considered by the City Council , and all persons appearing at such hearing and
17 wishing to be heard were heard; and
18 WHEREAS, the City Council has determined it to be in the best interests of
19 the City that the improvement as hereinafter described be carried out and that
20 a local improvement district be created in connection therewith, NOW,
21 THEREFORE,
22 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS:
23 Section 1. The City Council of the City of Auburn, Washington (the
24 "City"), orders the construction and installation of asphalt pavement,
25 including crushed rock subbase, storm drainage ditches, gravel shoulders,
26 right-of-way acquisition and miscellaneous related work along 53rd Street
27 S.E., Ward Avenue S.E., Bridget Avenue S.E., 55th Street S.E., Duncan Avenue
28 S.E., Foster Avenue S.E. ; construction and installation of asphalt pavement,
29 including gravel base, crushed rock subbase, storm drainage ditches and
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Ordinance No. 4279
32 Page Two
3/17/88
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1 miscellaneous related work along proposed 47th Street S.E., west of Bridget
2 Avenue S.E. ; installation of street lights at 53rd Street S.E. and Ward Avenue
3 S.E., 53rd Street S.E. and Bridget Avenue S.E., 55th Street S.E. and Foster
4 Avenue S.E., Bridget Avenue S.E. and proposed 47th Street S.E. and north end
5 cul-de-sac Foster Avenue S.E., within King County,
6 All of the foregoing shall be in accordance with the plans and specifica-
7 tions therefor prepared by the City Engineer, and may be modified by the City
8 Council as long as such modification does not affect the purpose of the impro-
9 vement.
10 Section 2. There is created and established a local improvement district
11 to be called Local Improvement District No. 339 of the City of Auburn,
12 Washington, (the "District") , the boundaries or territorial extent of which
13 District being more particularly described in Exhibit "A" and as shown on
14 Exhibit "B" attached hereto and by this reference incorporated herein.
15 Section 3. The total estimated cost and expense of the improvement is
16 declared to be $529,688.81. The entire cost and expense shall be borne by and
17 assessed against the property specially benefited by such improvement
18 included in the District embracing as nearly as practicable all property spe-
19 cially benefited by such improvement.
20 Section 4. In accordance with the provisions of RCW 35.44.047, the City
21 may use any method or combination of methods to compute asssessments which may
22 be deemed to fairly reflect the special benefits to the properties being
23 assessed.
24 Section 5. Local improvement district warrants may be issued in payment
25 of the cost and expense of the improvement herein ordered to be assessed, such
26 warrants to be paid out of the Local Improvement Fund, District No. 339,
27 hereinafter created and referred to as the Local Improvement Fund, and, until
28 the bonds referred to in this section are issued and delivered to the
29 purchaser thereof, to bear interest from the date thereof at a rate to be
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Ordinance No. 4279
32 Page Three
3/17/88
1 established hereafter by the City Finance Director, as issuing officer, and to
2 be redeemed in cash and/or by local improvement district bonds herein
3 authorized to be issued, such interest-bearing warrants to be hereafter
4 referred to as "revenue warrants." In the alternative, the City hereafter may
5 provide by ordinance for the issuance of other short-term obligations pursuant
6 to Chapter 39.50 RCW.
7 The City is authorized to issue local improvement district bonds for the
8 District which shall bear interest at a rate and to be payable on or before a
9 date to be hereafter fixed by ordinance. The bonds shall be issued in
10 exchange for and/or in redemption of any and all revenue warrants issued
11 hereunder or other short-term obligations hereafter authorized and not
12 redeemed in cash within twenty days after the expiration of the thirty-day
13 period for the cash payment of assessments without interest on the assessment
14 roll for the District. The bonds shall be redeemed by the collection of spe-
15 cial assessments to be levied and assessed against the property within the
16 District, payable in annual installments, with interest at a rate to be
17 hereafter fixed by ordinance under the mode of "payment by bonds," as defined
18 by law and the ordinances of the City. The exact form, amount, date, interest
19 rate and denominations of such bonds shall be hereafter fixed by ordinance of
20 the City Council . Such bonds shall be sold in such manner as the City Council
21 shall hereafter determine.
22 Section 6. In all cases where the work necessary to be done in connection
23 with the making of such improvement is carried out pursuant to contract upon
24 competitive bids (and the City shall have and reserves the right to reject any
25 and all bids), the call for bids shall include a statement that payment for
26 such work will be made in cash warrants drawn upon the Local Improvement Fund.
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Ordinance No. 4279
32 Page Four
3/17/88
1 Section 7. There is created and established in the office of the City
2 Finance Director for the District the Local Improvement Fund, into which fund
3 shall be deposited the proceeds from the sale of revenue warrants or other
4 short-term obligations drawn against the fund which may be issued and sold by
5 the City and collections pertaining to assessments, and against which fund
6 shall be issued cash warrants to the contractor or contractors in payment for
7 the work to be done by them in connection with the improvement, and against
8 which fund cash warrants shall be issued in payment for all other items of
9 expense in connection with the improvement.
10 Section 8. The staff shall be authorized to call for bids for the above
11 identified project.
12 Section 9. Within fifteen (15) days of the passage of this ordinance
13 there shall be filed with the City Finance Director the title of the improve-
14 ment and District number, a copy of the diagram or print showing the boundaries
15 of the District and the preliminary assessment roll or abstract of such roll
16 showing thereon the lots, tracts and parcels of land that will be specially
17 benefited thereby and the estimated cost and expense of such improvement to be
18 borne by each lot, tract or parcel of land. The City Finance Director shall
19 immediately post the proposed assessment roll upon his index of local impro-
2 0 vemen t assessments against the properties affected by the local improvement.
21 Section 10. The Mayor is hereby authorized to implement such administra-
22 tive procedures as may be necessary to carry out the directions of this
23 legislation.
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Ordinance No. 4279
32 Page Five
3/17/88
1 Section 11. This Ordinance shall take effect and be in force five (5)
2 days from and after its passage, approval and publication, as provided by law.
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4 INTRODUCED: APRIL 4, 1988
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6 PASSED: APRIL 4, 1988
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8 APPROVED: APRIL 4, 1988
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12 M A 0 R
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ATTEST:
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17 C it y er
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APPROVED AS TO FORM:
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A,
22 City Attorney
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PUBLISHED: APRIL 10, 1988
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Ordinance No. 4279
32 Page Six of Six
3/17/88
LEGAL LID BOUNDARY LID NO. 339
N 1/2 OF THE FOLLOWING DESCRIBED PARCEL: W 1/2, SW 1/4, SE 1/4, SEC.
339 T. 21 N. , R. 5 E. , W.M. LESS SOUTH 1040 FEET; TOGETHER WITH LOTS 1
THRU 4, INCLUSIVE, AUBURN SHORT PLAT NO. 10-78 (AF#7806200356) ; TO-
GETHER WITH TRACTS 1 THRU 32, INCLUSIVE, LESS TRACT 11, OF SURVEY RE-
CORDED IN BOOK 9, PAGE 74, OF SURVEYS KING C6UNTY (AF#7704199010) ; TO-
GETHER WITH TRACTS 33 THRU 44, INCLUSIVE, OF SURVEY RECORDED IN BOOK
13, PAGE 264, OF SURVEYS K.C. (AF 47807209002) ; TOGETHER WITH W 1/2, SW
1/4, NE 1/4, SW 1/4, SEC. 34, T. 21 N. , R. 5 E. , W.M TOGETHER WITH SW
1/4, NW 1/4, SEC. 34, T. 21 N. , R. 5 E. , W.M. TOGETHER WITH SW 1/4, NE
1/4 AND W 1/2, SE 1/4, NE 1/4, SEC. 33, T. 21 N. , R. 5 E. , W.M. ; TO-
GETHER WITH S 1/2, S 1/2, S 1/2, NW 1/4, SE 1/4, SEC. 33, T. . 21 N. , R.
5 E. , W.M.
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STATE OF WASHINGTON)
ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the
City of Auburn, a Municipal Corporation and Code City, situate in the
County of King, State of Washington, do hereby certify that the foregoing
is a full , true and correct copy of ordinance No. 4279 of the ordinances of
the City of Auburn, entitled "AN ORDINANCE. "
I certify that said Ordinance No. 4279 was duly passed by the Council
and approved by the Mayor of the said City of Auburn, on the 4th
day of April A.D. , 1988 .
I further certify that said Ordinance No. 4279 was published as pro-
vided by law in the Valley News, a daily newspaper published in the City of
Auburn, and of general circulation therein, on the 10th day of
April A.D. , 1988.
WITNESS my hand and the official seal of the City of
Auburn, this 3rd day of May A.D. , 1988.
CITY CLERK OF THE CITY OF AUBURN