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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
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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
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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
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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
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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
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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
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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
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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