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HomeMy WebLinkAbout1652 ORDINANCE NO: L652 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON PROVIDING FOR THE. ACQUISITION AND CONSTRUCTIo;1 CF"CERTP.1NL FREE OFF-STREET PARKING FACILITIES WITHIN THE CORPORATE LIMITS OF THE CITY OF AUBURN IN ACCORDANCE WITH PETITIONS SIGNED BY A MAJORITY OF THE AFFECTED PROPERTY OWNERS AND FILED WITH THE CITY CLERK OF SAID CITY; AND A CERTIFICATION OF THE CITY ENGINEER OF SAID CITY HAVING BEEN FILED CERTIFYING THAT A MAJORITY OF THE AFFECTED PROPERTY OWNERS HAVE SIGNED THE PETITIONS AND THAT ALL OF THE FACTS SET FORTH IN SAID PETITIONS ARE TRUE AND THAT THE ESTIMATED COST TO THE PROPERTY WILL NOT EXCEED THE LIMIT ESTABLISHED BY LAW; CREATING AN ENLARGED LOCAL IMPROVEMENT DISTRICT TO BE KNOWN AS LOCAL IMPROVEMENT DISTRICT NO. 155; PROVIDING FOR THE NECESSARY PROPOSED, IMPROVEMENTS; PROVIDING FOR THE METHOD OF ASSESSMENT IN SAID DISTRICT, AND PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS REDEEMABLE IN CASH AND LOCAL. IMPROVEMENT DISTRICT BONDS. WHEREAS, the City of Auburn, by Ordinance No. 1645, adopted October 21 , 1963, has heretofore adopted a comprehensive plan for the provision of free off-street parking facilities within the corporate limits of the City of Auburn; and WHEREAS, by petitions signed by a majority of the property owners of the property within the proposed assessment district hereinafter created, provided by law, the property owners therein have requested the City Council to create a local improvement district for the purpose of acquiring and establishing seven (7) free off-street parking lots within the central bus- iness district of the City of Auburn, upon property more particularly des- cribed hereinafter in accordance with said comprehensive plan; and, WHEREAS, the City Engineer has caused an estimate to be made of the cost and expense of each unit of the proposed improvement and has certified said estimates to the. City Council , together with all papers and informa- tion in his possession touching the proposed improvement, a description of the boundaries of the District, a statementof the aggregate actual' valua- tion of the real estate, including 25% of the actual valuation of the improvements in the proposed District, according to the valuation last placed upon it for the purpose of general taxation; and, WHEREAS, said engineer has also determined that the petitions are sufficient and _that the facts therein. set forth are true; and, _ _ _ _ WHEREAS, said estimates are on file in the office of the City Engineer, togehter with a detailed copy of the preliminary assessment roll and the plans and assessment map of the proposed improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, . DO ORDAIN AS FOLLOWS: Section I . That seven (7) free off-street parking lots with regulated parking shall be acquired and established within the central business dis- trict of the City of Auburn, said areas to be utilized for off-street park- ing lots being described as follows; Page one East. Side: Trs 8,9 & 10. S 7 .62' of W 16 ' of trs 8 S 7.62' ly E of "B" SE of tr 9 & N 27 .38 ' of W 100 ' ly E of "B" SE tr 10, Riverview Addition to Auburn: Tr 9 & 10. W 116 ' of tr 9 & W 116 ' of tr 10, Riverview Addition to Auburn: Tr 9 & 10 . E 100 ' of W 230 ' less por N of In dr pll to S In Lot 9 & 35 ' S of alley meas Wly on "B" SE of Tr 10 & N 27. 38 ' of E 100 ' of W 230 ' of Tr 10 Riverview Addition to Auburn: Tr 10. S 32. 62' of E 100 ' of W 380 ' Riverview Addition to Auburn: Tr 10 . S 32. 62' of E 100' of W 230' Riverview Addition to Auburn: Tr II . N 40 ' of E 108 ' of por W of "B" St . S.E.. Riverview Addition to Auburn: Tr II . E 126' of N 30 ' of W 406 ' Riverview Addition to Auburn: Tr 2 & 3. por S of alley also S 15 ' of W 30 ' of sd alley & por•S & W of alley Tr 3, • Riverview Addition to Auburn: Trs 3,4,5 & 9. par of trs 3,4,5 & 9 daf--beg on S In of Aly at a pt 116 ' S of S In of Main St. E & 130 ' E of E In of "A" S.E. the E-W line of "B" SE thence S alg sd W In 35 '; th S 88°24' W plw S In sd lot 9 100 ' to E line of alley; th N 32. 25 ' to pob, Riverview Addition to Auburn: Trs 6 thru 9. E 20 ' of Tr 6 ly S of alley; tr 7 S of alley W 30 . 11 ' of N 39. 14 ' of tr 8 ly $ of alley & N 14.38 ' of tr 9 East of "B" St. S.E. , Riverview Addition to Auburn: Trs 8 & 10. W 40 ' of E 235 ' of S 47' of tr 8 & W 40 ' of E 234' tr 10, • Riverview Addition to Auburn : Lots I & 2 also E 20 ' of 3, 81k 2 Ballard's Commercial Addition: Lot 4 & W 10 ' of L 3, Block 2, Ballard's Commercial Addition: West Side: • • Lot 4 Blk . 2, Town of Slaughter: Lots I & 2, Blk 2, First Addition to Slaughter : Lot 3 Blk 2, First Addition to Slaughter: Lots 5 & 6 Blk 0, Ballard's Park Addition to Slaughter: Lots IO Blk 5; Ballard's Park Addition to Slaughter:' Lot II , Blk 5, Ballard's Park Addition to Slaughter & vac 10 ' strip adj . Section 2. That there is hereby created and established a local • improvement district to be designated Local Improvement District No. 155, which district is described as follows: East Side - Zone One: Beg at the SE cor Lot 5, Blk 14, L.W. Ballard"s 3rd Addition to Slaughter; th N alg the E In of said Lot 5 to the S mgl . of the alley lying between E Main Street and 1st Street. N.E. ; West alg the S mgt of said alley to the W mgl of "C" St. N.E. ; th S alg the W mgl of "C" St. N .E. and "C" St. S.E. to the SE cor of tract 13 of Riverview Addition; th W alg the S mg, line of afore- said Tract 13 227 .30 ' th N plw the W mgl of "C" St. S.E. 50 '; Th W plw the S . mgi line of aforesaid Tract 13 to the W mgi of "8" St. S.E. ; th N alg the W mgl of "8" St. S.E. to the S mgl of Tract 12, Riverview Addition; th W alg the S mgl of said Tract 12 and the extend S mgl of said Tract 12 to the W mgi of "A" St. S:E, ; th N alg the W mgl of "A" St. S.E. to the SE cor of Lot 8, 81k I , Town of Slaughter Addition; th W alg the S In of aforesaid Lot 8 75 ' ; th N plw the W mgt of "A" St. S.E.. to the N mg, of the alley lying between E. Main St. and 1st St. S.E.; th W alg the S mgi of said alley 95 ' 11 "; th N pll W the W mgl of "A" St. S,E. to the N mgi of E Main St: ; th E aIg the N mgi of E. Main St . to the SW cor of Lot i , Blk 0, 1st Addition to Slaughter; th N alg the W line of said Lot I to the S mgl of the alley lying between E. Main St. and 1st St. N.E. ; th E alg the S mgi and extend S mg, of said alley to the E mg! of Auburn Avenue; th S alg the E mgi of Auburn Avenue to the SW cor Lot 7, Blk 14, L.W. Ballard's 3rd Addition to Slaughter; th E alg the S mg, of said Lot 7 and the S mgi of Lot 5 to the point of Beg. East Side- Zone Two: Beg at the intersection of the E mgl of Auburn Avenue and the S mgl of the alley lying between 1st St. N.E. and 2nd St. N .E. ; Page two th E alg the S mgl of sd alley and S mgI extended to the E mg! of "C" St. N.E. ; th S to the NW cor Lot 8, Blk 3, Jacob Mogg's Addition; th E alg the N mgl In of sd lot 8 anlot 9 58.88'; th S plw the W line of said Lot 9 and the extended W In to the S mg! of E. Main St. ; th E to a pt. 70 ' east of the E mgi of "C" St. S.E. ; th S plw the E mgI of "C" St. S.E. 116' ; th E 60 ' ; th S plw the E mg! of "C" St. S.E. to the S mgl of � Tract 35, Riverview Addition; th W alg the Smgl of said Tract 35 and the S line extended to the W mgl of "C" St. S.E. ; th.> S alg the W mg' of "C" St. S.E, to the S.E. cor of Tract 13 Riverview Addition; th W alg the S mg' of said tract 13 105 ' th S plw the W mgi of "C" St. S.E. to the S mgi of Tract 14 Riverview Addition,; th W alg the S mgl of said Tract 14 and $ line extended to W mgl of "A" St. S.E. ; thN to the N mgI of. the alley lying between 1st St. S.E. & 2nd St. S.E. ; th W alg the N mgi of sd alley to the SW cor of Lot 2, Blk 6, Town of Slaughter; th N alg W mgl of sd Lot 2 and W line extended to the N mgt of 1st St. S.E. ; th W alg the N mgi of 1st St. S.E. to the E mgl of South Division St. ; th N to the N mgI of the alley Nmgl lying 69 '1 ";n the St. .E. St. the S.E. to the N mgl of E. Main St. ; • th E aig the N mgt of E. Main St. to the SW cor of Lot I , Blk 0, 1st Addition to Slaughter; th N aig the W In of said Lot 1 to the S mg) of the alley lying be- tween E. Main St. and 1st St. N .E. ; th E alg sd S mgl and S mgt extended to the E mgi of Auburn Avenue; th NEIy alg the E mgl of Auburn Avenue to the p.o:b. LESS that portion designated as Zone # I . West Side: Beg. at the intersection of the E mgi In of S. Division St. and the N mg! In of the alley lying bet. E. Main St . and 1st St. S.E. ; th E alg the N mgI of sd alley 95 ' 11 "; th N parallel with the W mgl In of "A" St. S.E. to the N mg! In of E.Main St. th E alg the N mgi In of E. Main St. to the SW cor of Lot I , Blk 0, 1st Addition to Slaughter; th N alg the W in of sd lot I to the S mgi In of the alley lying bet. E. Main St. and 1st St. N .E. ; th E alg the S mgl In of sd alley to the W mgi : ln of Auburn Avenue; th N alg the W mg! In of Auburn Avenue to the N mgI in of 1st St. N.E. ; th W alg the N mg! In of 1st St. NE. 52.75 '; th N to the S mgi In of the alley lying bet. 1st St. N.E. and 2nd st. N.E. ; th W alg the S mgi In of sd alley to the W mgl In of the alley lying bet. N. Division St. and Auburn Avenue; • th N alg the W mgi In of sd alley to the NE cor of lot 3, Bik 6, L.W. Ballard's Park Addition to Slaughter; th W alg the N mg' In of Lot 3, Blk 6, Lot 4 & 15, Blk 5, L.W. Baliard%s Park Addition to Slaughter to the W mgI In of "A" St: N .W. ; th S alg the W mgl In of "A" St. NW to the S mg( In of the aley lying bet. 1st St. N,W. and 2nd St. N.W. ; th W alg sd S mgI l:n to the Northern Pacific Railway Company right-of-way; th S aig the Northern Pacific Railway Company right-of-way to the extended N mgt In of 1st St. S.W. ; th E alg the extended N mgl In of 1st St. S.W. & 1st St. S.W. to the E mgl In of S. Division St. ; th N alg the E mgI In of S. Division St. to the P.O.B. Section. 3; That the estimated cost of carrying out the foregoing im- provements for the provision of free off-street parking space and facilities for motor vehicles within the City is hereby declared to be, as near as may be, as follows: • East Side: $318,816.00 • West Side: $134,717. 37 Section 4. All of the costs and expenses in connection with the acquisition and construction of said improvements, including the cost and. expense of all engineering, legal , inspection, advertising, publications and notices, and all other expenses including thereto, will be levied and page three assessed against all of the property legally and properly assessable there- for, as provided by the laws of the State of Washington and the ordinances of the City of Auburn. The City will not be liable in any manner for any portion of the cost and expense of said improvements; Provided, however, that in the event the actual total cost and expense of said improvements shall exceed the preliminary cost estimate of the City Engineer by more than ten ( 10) per cent, the City shall pay that portion of said cost and expense which exceeds said te❑ ( 10%) per cent. Section 5... Local Improvement District warrants shall be issued Hin payment of the cost and expense of the improvement herein ordered, such warrants to be payable out of the "Local Improvement Fund, District Now 155," hereinafter created, to bear interest from date thereof at the rate of 6% per annum and to be redeemed in cash and/or by Local Improvement District Bonds herein authorized to be issued. That the life of said : improvements herein above created and established by said local improvement District No. 155 shall exceed the period of twenty-two ( 22) years, and that therefor, bonds bearing interest at the rate of 6% per annum, payable on or before twenty-two ( 22) years from the date of issuance, shall be issued to exchange for and in redemption of any and all warrants issued hereunder not redeemed in cash within a period of not to exceed sixty ( 60) days after the first publication by the City Treasurer of Notice that the assessment roll for Local Improvement District No. 155 is in his hands for collection. Said bonds shall beredeemed by the collection of special assessments to be levied and assessed upon the property within said District, payable in twenty-two equal annual installments, with interest at the rate of 6% per annum, under the mode of "Payment by Bonds" as defined by law and the ordinances of the City of Auburn. In case of default in the payment of any assessment when the same shall become due, there shall be added in- terest at the rate of 6% per annum and a penalty of 5% which shall also be collected. The exact amount, form date and denominations of the bonds shall be here-after fixed by ordinances of the City Council . Section 6 All of the work necessary to be done in connection with the making of said improvements shall be done by and made by contract upon competitive bids and the City of Auburn shall have and reserve the right to reject any and all bids. The call for bids for work authorized pursuant to this ordinance shall include a statement that payment for said work will be made in cash warrants drawn upon the "Local Improvement Fund, District No. 155" of the City of Auburn hereinafter created. Page four • �.. . . ♦ . ,r. Section 7. The nature of the improvements herein ordered is such that the special benefits conferred upon the property are not fairly re- flected by the use of the termini and zone method of assessments provided by statute, and the assessment shall , therefore, be made against the prop- erty in said Local Improvement District No . 155 in accordance with the special benefits that it will derive from the improvement, without regard to the zone and termini method. Section 8 Assessments in said enlarged assessment district shall be based upon the square footage of building area upon all property situate within the boundaries of said district, as follows: EAST SIDE: Zone # 1 - $2.00 per sq. foot . Zone #2 - $1 .00 per sq. foot WEST SIDE: $ 1 . 11 per sq. foot . The City of Auburn shall give credits for Private off-street parking spaces provided by property owners for customer parking for their building which shall be designated as such within the assessment district in the ! amount of 200 square feet per parking space, which credits shall be de- ducted from the assessment charged said property owners; provided, however, that said credits shall not exceed the off-street parking requirements • specified for property owners in Article 4, Section 7; Item C, Note I -A . of the City of Auburn Zoning Code. In the event said property owners may hereafter desire to construct commercial buildings on the area where said parking credits have been given by the City of Auburn, they shall deposit with the City Treasurer of the .City of Auburn a sum equivalent to the parking credits previously received and, in addition thereto, they shall pay a charge in lieu of assessments on the square footage of additional • building area. Said sums paid shall be equivalent to the charges for the local improvement district area or zone in which the property is located :and all sums so collected by the City Treasurer shall be deposited in a fund to be designated as "City of Auburn Off-Street Parking Cumulative Fund"; all funds so collected shall be used exclusively for the acquisi- tion and establishment of additional off-street parking facilities within the boundaries of the local improvement district which the property is . located, due regard to be given to the source of the funds in determining the location of the additional off-street parking facilities. Section 9 A charge in lieu of assessment shall be levied upon any property within the boundaries of Local Improvement district # 155 not here- tofore assessed, whenever any commercial structures or buildings are con- structed on said property.. The charge in lieu of assessments shall be computed in the same manner as the assessments levied by this ordinance page five .. • r'r �� for the area or zone in which said property is located; all monies collect- ed as a charge in lieu of assessments shall be deposited with the City : Treasurer prior to the issuance of any building permits for the proposed improvements, and such funds shall be deposited by the City Treasurer in a fund to be designated as "City of Auburn Off-Street Parking Cumulative Fund'' . All funds so collected shall be used exclusively for the acquisi - tion and construction of additional off-street parking facilities within the boundaries of Local Improvement District # 155, due regard to be given to the source of funds in determining the location of the additional off-streetparking facilities. • Section 10. That there is hereby created in the office of the City Treasurer of the City of Auburn, for Local Improvement District # 155, the following funds, to wit : A. "Local Improvement Fund, District # 155", into which fund shall be deposited all payments made on assessments in said district for the redemption of the warrants and bonds herein authorized; and, into which fund shall be deposited the principal amount plus . accrued interest received from the sale of revenue warrants of said district herein authorized, and against which fund cash warrants shall be issued to the property owners from whom proper- ties are to be acquired and the contractor or contractors in pay- ment of the work to be done by them in connection with said im- provements and against which fund cash warrants shall be issued in payment of all other items of expense in connection with said improvements; and, B. "City of Auburn Off-Street Parking Cumulative Fund", into which fund shall be deposited all monies received as a charge in lieu of assessment pursuant to Sections 8 & 9 of this ord- inance, which fund shall be utilized exclusively for the acquisition and construction of additional off-street parking facilities within the boundaries of Local Improvement District No. 155. Page s'iR Section II . This ordinance shall take effect five ( 5) days from and after its passage, approval and publication as provided by Iaw. INTRODUCED : November 4, 1963 PASSED : November X1963 i9 APPROVED : November -, 1963 ISVA ATTEST: City CI -11k APPROVED AS TO FORM: ity A.1 orney PUBLISHED : a.7.1-Q/�/7,A 75i e lcu-�c.i+-v.� C.�.C�- -. Page seven 1