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HomeMy WebLinkAbout6111ORDINANCE N0.6111 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ORDERING THE IMPROVEMENT OF SIDEWALKS, CURB/GUTTERS, DRNEWAYS, WHEELCHAIR ACCESS RAMPS, AND LANDSCAPE STRIPS ALL IN ACCORDANCE WITH RESOLUTION NO. 4208 OF THE CITY COUNCII.; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 350 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 FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS REDEEMABLE IN CASH OR OTHER SHORT-TERM FINANCING AND LOCAL IMPROVEMENT DISTRICT BONDS WHEREAS, by Resolution No. 4208 adopted July 2, 2007, the City Council declared its intention to order the improvement of sidewalk facilities, and fixed August 6, 2007, at 7:30 p.m. (or as soon thereafter as possible), local time, in the Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all comments thereon and objections thereto and for determining the method of payment for the improvement; and WHEREAS, the Finance Director 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 her 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 --------------------- Ordinance No. 6111 August 2, 2007 Page 1 of 11 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 by the 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 improvement as hereinafter described be carried out and that a local improvement district be created in connection therewith; and WHEREAS, the City Council has determined that the owners of property specially benefited by such improvement should bear no more than $112,078.00 of the $177,777.00 anticipated cost and expense of constructing such improvement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The City Council of the City of Auburn, Washington (the "City"), orders the improvement of west side of "M" Street SE between 29`" Street SE and 37't' Street SE as set forth in Exhibit "A" attached hereto and by this reference made a part hereof, by the development of certain sidewalk improvements ("Improvements"). 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 Improvements. Section 2. There is created and established a local improvement district to be called Local Improvement District No. 350 of the City of Auburn, Washington (the "District"), the boundaries or territorial extent of the District being more particularly described in Exhibit "B" attached hereto and by this reference incorporated herein. --------------------- Ordinance No. 6111 August 2, 2007 Page 2 of 11 Section 3. The total estimated cost and expense of the Improvements is declared to be $177,777.00. Not more than $112,078.00 of the 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 Improvements and the balance of such cost and expense, including any increases thereto, shall be paid by the City. Section 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 more fairly reflect the special benefits to the properties being assessed than the statutory method of assessing the properties. If the City shall authorize expenditures to be made for the Improvements (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 Improvements, 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 Improvements herein ordered to be assessed 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 $112,078.00. 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 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 --------------------- Ordinance No. 6111 August 2, 2007 Page 3 of 11 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 City Council. Such bonds shall be sold in such manner as the City Council hereafter shall determine. Section 5. 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 from the Local Improvement Fund. Section 6. 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 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. Section 7. Within 15 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 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 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 the index of local improvement assessments against the properties affected by the local improvement. Ordinance No. 6111 August 2, 2007 Page 4 of 11 PASSED by the City Council and APPROVED by the Mayor of the City of Auburn, Washington, at a regular open public meeting thereof, this ~"' ~ day of August, 2007. INTRODUCED AUG - 6 20D7 PASSED: AUG - 6 2007 APP VED: --~A~r-=~6 2007 _~ _..~^ ~~1--' Peter B. Lewis, Mayor ATTEST: ~~~~ Dani a Daskam, City Clerk APPR A ORM: Daniel B. Heid, Att rney ~~~~~~,~ ~ ~ ~ ~~_1 -------------------- Ordinance No. 6111 August 2, 2007 Page 5 of 11 EXHIBIT A DESCRIPTION OF IMPROVEMENTS Sidewalks, curb/gutters, driveways, wheelchair access ramps, and landscape strips along the west side of "M" Street SE between 29th Street SE and 37th Street SE. EXHIBIT B LEGAL DESCRIPTION That portion of the east half of Section 30, Township 21 North, Range 5 East, Willamette Meridian, King County, Washington, described as follows: Beginning at the northwest corner of Lot 2 of Auburn Short Plat SPL02-0009 recorded under recording number 20040429002466, records of King County, Washington; Thence easterly along the north line of said Lot 2 a distance of 42.79 feet to the beginning of a curve to the right having a radius of 22.00 feet; Thence southeasterly and southerly 34.77 feet along said curve through a central angle of 90°32'40" to the west right of way line of "M" Street Southeast (said right of way line being located 30 feet west of the monumented centerline of "M" Street Southeast); Thence southerly along said west right of way line of "M" Street Southeast and along the east line of said Lot 2 a distance of 118.91 feet to the northeast corner of Lot 2 of Auburn Short Plat SP11-81 recorded under recording number 8107090293, records of said county; Thence southerly along said west right of way line of "M" Street SE, along the east line of last said Lot 2, and along the east line of Lot 1 of said Auburn Short Plat SP 11-81 recorded under recording number 8107090293 to the southeast corner of said Lot 1; Thence continuing southerly along said west right of way line of "M" Street SE a distance of 151 feet, more or less, to the northeast corner of Lot 1 of Auburn Short Plat SPLOS-0010 recorded under recording number 20051222000898, records of said county; Thence continuing southerly along said west right of way line of "M" Street SE, along the east line of last said Lot 1 and along the most easterly line of Lot 2 of said Short Plat SPLOS-0010 to the northeast corner of Lot 2 of Auburn Lot Line Adjustment LLA07-86 recorded under recording number 8604281156, records of said county; Thence continuing southerly along said west right of way line of "M" Street SE, along the east line of last said Lot 2 of said Lot Line Adjustment LLA07-86 and along the east line of Lot 1 of said Lot Line Adjustment LLA07-86 to the north line of the south half of the north half of the south half of the southwest quarter of the northeast quarter of said section 30; Thence continuing southerly along said west right of way line of "M" Street SE a distance of 455 feet, more or less, to a line parallel with and 30 feet north of the south line of the southwest quarter of the northeast quarter of said Section 30; Thence west along said parallel line 200 feet, more or less, to a line parallel with and 230 feet west of the centerline of "M" Street SE; Thence south along last said parallel line 30 feet to the south line of the southwest quarter of the northeast quarter of said Section 30; Thence west along said south line of the southwest quarter of the northeast quarter of said Section 30 to the east line of the west half of the northeast quarter of the northwest quarter of the southeast quarter of said Section 30; Thence south along last said east line to the northwest corner of Montrose Place Townhomes, A Condominium, recorded in Volume 179 of Condominiums at Pages 63 through 65, inclusive, records of said county; Thence east along the north line of said condominium a distance of 255.05 feet, more or less, to the southwest corner of Lot 2 of Auburn Short Plat SPL02-94 recorded under recording number 9406092783, records of said county; Thence northerly along the west line of last said Lot 2 a distance of 150.20 feet to the northwest corner of last said Lot 2; Thence east along the north line of last said Lot 2 a distance of 54.87 feet to the northeast corner of last said Lot 2 and said west right of way line of "M" Street SE; Thence south along said west right of way line of "M" Street SE and along the east line of last said Lot 2 a distance of 150 feet to the northeast corner of said Montrose Place Townhomes recorded in volume 179 of Condominiums at pages 63 through 65, inclusive, records of said county; Thence continuing south along said west right of way line of "M" Street SE to the southeast corner of said Montrose Place Townhomes recorded in volume 179 of Condominiums at pages 63 through 65, inclusive, records of said county and to the northeast corner of Auburn Place Condominium recorded in Volume 114 of Condominiums at pages 75 through 81, inclusive, records of said county; Thence continuing south along said west right of way line of "M" Street SE and the east line of Auburn Place Condominium a distance of 219.93 feet to the beginning of a curve to the right having a radius of 35 feet; Thence southwesterly and westerly 52.59 feet along said curve through a central angle of 86°05'23" to the northerly right of way line of 37th Street SE as depicted on said Auburn Place Condominium; Thence westerly along said northerly right of way line of 37th Street SE a distance of 268.87 feet to the southwest corner of said Auburn Place Condominium; Thence north along the west line of said Auburn Place Condominium a distance of 200 feet, more or less, to the southeast corner of the west half of the northeast quarter of the northwest quarter of the southeast quarter of said Section 30; Thence westerly 660 feet, more or less, along the south line of the north half of the northwest quarter of the southeast quarter of said section 30 to the southwest corner of the east half of the northwest quarter of the northwest quarter of the southeast quarter of said Section 30; Thence northerly 660 feet, more or less, along the west line of the east half of the northwest quarter of the northwest quarter of the southeast quarter of said Section 30 to the south line of the southwest quarter of the northeast quarter of said Section 30; Thence west along last said south line 330 feet, more or less, to the southwest corner of the southwest quarter of the northeast quarter of said Section 30; Thence north along the west line of the southwest quarter of the northeast quarter of said Section 30 to the north line of the south half of the north half of the south half of the southwest quarter of the northeast quarter of said Section 30; Thence east along last said north line to the southwest corner of Lot 1 of said Lot Line Adjustment LLA07-86 recorded under recording number 8604281156, records of said county; Thence north along the west line of Lot 1 and Lot 2 of said Lot Line Adjustment LLA07-86 to the south line of the of the southeast quarter of the northeast quarter of the southwest quarter of the northeast quarter of said Section 30; Thence west along last said south line a distance of 65 feet, more or less, to the west line of the west 100 feet of said southeast quarter of the northeast quarter of the southwest quarter of the northeast quarter of said Section 30; Thence north along last said west line a distance of 330 feet, more or less, to the south line of the northeast quarter of the northeast quarter of the southwest quarter of the northeast quarter of said Section 30; Thence east along last said south line a distance of 157 feet, more or less, to the southwest corner of Lot 1 of said Auburn Short Plat SP 11-81 recorded under recording number 8107090293, records of said county; Thence north along the west line of Lot 1 and Lot 2 of said Auburn Short Plat SP11-81 a distance of 160 feet, more or less, to the northwest corner of last said Lot 2; Thence east along the north line of last said Lot 2 a distance of 79.66 feet to the southwest corner of Lot 2 of Auburn Short Plat SPL02-0009 recorded under recording number 20040429002466, records of said county; Thence north along the west line of last said Lot 2 a distance of 141.10 feet to the point of beginning. Except the road right of way for "M" Place Southeast as dedicated in the plat of Gildo Rey recorded in Volume 144 of Plats at pages 6 through 8, inclusive, and depicted in said Montrose Place Townhomes recorded in volume 179 of Condominiums at pages 63 through 65, inclusive, records of said county. Note: Zone 1 includes that portion of the above described "M" Street SE Sidewalk LID Legal Description lying east of a line parallel with and 300.87 feet west of the west right of way line of "M" Street SE. Zone 2 includes that portion of the above described "M" Street SE Sidewalk LID Legal Description lying west of a line parallel with and 300.87 feet west of the west right of way line of "M" Street SE. MSTSE-LID-Aug2007.doc 08-02-2007 CERTIFICATION I, the undersigned, City Clerk of the City of Auburn, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. 6111 (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on August 6, 2007, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after the publication of its summary in the City's official newspaper on August 13, 2007; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of August, 2007. CITY OF AUBURN, WASHINGTON _ = Danielle Daskam, City Clerk