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0RD~NANCE NO.
4695
%¥
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON; ORDERING THE
IMPROVEMENT OF MAIN STREET FROM AUBURN AVENUE TO B STREET
SOUTHWEST IN THE CITY (STREET IMPROVEMENT NO. 315), ALL IN
ACCORDANCE WITH RESOLUTION NO. 2556 OF THE CITY COUNCIL;
ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 348 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 IMPROVEiMENT DISTRICT
BONDS.
WHEREAS, by Resolution No. 2556 adopted October 3, 1994,
the City Council' declared its intention to order the
improvement of Main Street from Auburn Avenue to B Street
Southwest, and fixed November 7, 1994, at 7:30 p.m., 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 objections thereto and for determining the
method of payment for the improvement; and
WHEREAS, the City Engineer for the Director of Public
Works, 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 inforiaation 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
Ordinance No. 4695
October 11, 1994
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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 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 Ceuncil, and all persens 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 improvelment district
be created in connection therewith;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Seot~on ~. The City Ceuncil of the City of Auburn,
Washington (the "City"), orders the improvement of Main Street
from Auburn Avenue to B Street Southwest, and the properties
within the area described in Exhibit A, attached hereto and by
Ordinance No. 4695
October 11, 1994
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this reference made a part hereof, ("Street: Improvement
No. 315") by (1) removing the existing street, curb, gutter
and sidewalk; (2) constructing a new street,, curbs, and
sidewalks and maintaining existing pavement and sidewalk
widths; (3) paving the street with asphalt concrete; (4)
constructing curbs, gutters, sidewalks and crosswalks with
cement concrete; (5) removing existing street lighting system
and replacing it with a combined street and pedestrian
lighting system; (6) removing storm water system and replacing
it with twelve inch concrete pipes, as well as new catch
basins and manholes; (7) installing an eight inch ductile iron
water line; (8) landscaping; and (9) all other work necessary
to complete the same.
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.
Seotion Z~ There is created and established a local
improvement district to be called Local Improvement District
No. 348 of the City of Auburn, Washington (the "District"),
the boundaries or territorial extent of the District being
more particularly described in Exhibit A attached hereto and
by this reference incorporated herein.
Ordinance No. 4695
October 11, 1994
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against the
included in
practicable
improvement and the balance of such
paid by the City.
Section 4. In accordance
RCW 35.44.047, the
methods to compute
fairly reflect the
Seotion 3.. The total estimated cost and expense of the
improvement is declared to be $1,029,000. Approximately
$90,000 of the cost and expense shall be borne by and assessed
property specially benefited by such improvement
the District which embraces as nearly as
all property specially benefited by such
cost and expense shall be
with the provisions of
City may use any method or combination of
assessments which may be deemed to more
special benefits to the properties being
assessed than the statutory assessment method.
Seotion 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. 348, 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
Clerk, as issuing officer, and to be redeemed in cash and/or
by local improvement district bonds herein authorized to be
issued, such interest-bearing warrants to be hereafter
Ordinance No. 4695
October 11, 1994
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referred to as "revenue warrants." In the alternative, the
City hereafter may provide by ordinance for the issuance of
other short-term obligations pursuant to chapter 39.50 RCW.
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 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 $100,000.
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 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
Ordinance No. 4695
October 11, 1994
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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
ordinance of the City Counoil. Such bonds
such manner as the City Council hereafter
shall be fixed by
shall be sold in
shall determine.
· eotio~ $. 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 warran'ts 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 Clerk.
The proceeds from the sale of revenue warrants or other short-
term obligations drawn against the fund which may be issued
Ordinance No. 4695
October 11, 1994
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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
the improvement shall be issued
Fund.
8eotion 8. Within 15 days of the passage of
ordinance there shall be filed with the City Clerk the
of the improvement and District number, a copy of the
of expense in connection with
against the Local Improvement
or print showing the boundaries of the District
preliminary assessment roll or abstract of such roll
thereon the lots, tracts and parcels of land that
this
title
diagram
and the
showing
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 Clerk immediately shall post the proposed
assessment roll upon her index of local improvement
assessments against the properties affected by the local
improvement.
8eotion 9. The Mayor is hereby
such administrative procedures as may
out the directions of this legislation.
authorized to implement
be necessary to carry
Ordinance No. 4695
October 11, 1994
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Section 10. This Ordinance shall
force five (5) days from and after its
publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
take effect and be in
passage, approval and
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
Acting city Attorney
PUBLISHED:
Ordinance No. 4695
October 11, 1994
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LEGAL' DESCRIPTION
ASSESSMENT BOUNDARY
~..I.D. [ 348
BEGINNING AT THE NORTHWEST CORNER OF LOT No. 4, BLOCK No. 2
OF FIRST ADDITION TO THE TOWN OF SLAUGHTER AS RECORDED IN
VOLUME 2 OF PL~TS, PAGE S4, RECORDS OF KING COUNTY,
WASHINGTON; THENCE EASTERLY ALONG THE NORTH BOUNDAR'¥ OF LOT
No. 4 AND LOT NO. 5 AND LOT No. 6 OF SAID BLOCK NO. 2 OF
FIRST ADDITION TO THE TOWN OF SLAUGHTER TO THE NORTHEAST
CORNER OF SA~D LOT NO. 6 OF BLOCK NO. 2 OF FIRST ADDITION TO
THE TOWN OF SLAUGHTER; THENCE CONTINUING EASTERLY TO THE
NORTHWEST CORITER OF LOT No. 5, BLOCK NO. I OF SAID FIRST
ADDITION TO THE TOWN OF SLAUGHTER; THENCE NORTHERLY ALONG
THE WEST BOUNDARY OF SAID BLOCK No. I OF FIRST ADDITION TO
TH~ TOWN OF SLAUGHTER TO THE NORTHWEST CORNER OF L~r No. 4
OF SAID BLOCK No. i OF FIRST ADDITION TO THE TOWN O',F
SLAUGHTER; THENCE EASTERLY ALONG THE NORTH BOUNDARY OF SAID
BLOCK No. I OF FIRST ADDITION TO THE TOWN OF SLAUGIT~ER TO
THE NORTHEAST CORNER OF LOT No. I OF SAID BLOCK No. I OF
FIRST ADDITION TO THE TOWN OF SLAUGHTER; THENCE SOU~HERLY
ALONG THE EAST BOUNDARY OF SAID BI&)CK No. I OF FIRST
ADDITION TO THE TOWN OF SLAUGHTER TO THE NORTHEAST CORNER OF
LOT No. S OF SAID BLOCK No. 1 OF FIRST ADDITION TO THE TOWN
OF SLAUGHTER; THENCE EASTERLY TO THE NORTHWEST CORN]~ OF ~
NO. 4 OF BLOCK No. 0 OF FIRST ADDITION TO THE TOWN GF
SLAUGHTER; THENCE EASTERLY ALONG THE NORTH BOUNDARY OF SAID
BLOCK 0 OF FIRST ADDITION TO THE TOWN OF SLAUGHTER AND SAID
NORTH BOUNDARY EXTENDED EASTERLY, TO THE NORTI4WESTS]~LY
MARGIN OF AUBURN AVENUE; THENCE SOUTHWESTERLY ALONG SAID
NORTHWESTERLY MARGIN OF AUBUI~N AVENUE TO THE SOUTH BOUNDARY
OF BLOCK 0 OF SAID FIRST ADDITION TO THE TOWN OF SI~%UGHTER;
THENCE SOUTHERLY TO THE NORTHEAST COR~ER OF LOT No. 1, BLOCK
No. 1 OF TOWN OF SLAUGHTER AS RECORDED IN VOLUME No... 2 OF
PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON; THENCE
SOUTHERLY ALONG THE EASTERLY BOUNDARY OF SAID LOT N(~. i TO
THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY ALONG THE
SOUTH BOUNDARY LOT No. ! AND LOT No. 2 AND LOT No. 2! AND LOT
NO. 4 OF SAID BLOCK NO. i OF TOWN OF SLAUGHTER TO Iq~E
SOUTHWEST CORNER OF LOT No. 4 OF SAID BLOCK No. i OF TOWN OF
SLAUGHTER; THENCE CONTINUING WESTERLY TO THE SOUTHF_J~ST
CORNER OF LOT No. 1, BLOCK No. 2 OF SAID TOWN OF SIJ~UGHTER;
THENCE CONTINUING WESTERLY ALONG THE SOUTH BOUNDARY LOT No. 1
AND LOT NO. 2 AND LOT NO. 3 AND LOT No. 4 OF SAID B]iOCK No.
2 OF TOWN OF SLAUGHTER TO THE SO--ST CORNER OF I&)T No. 4
OF SAID BLOCK No. 2 OF TOWN OF SLAUGHTER; THENCE COntINUING
WESTERLY TO THE SOUTHEAST CORNER OF LOT No. 1 OF BI~)CK No. 3
OF SAID TOWN OF SLAUGB'£~; THENCE CONTINUING WESTF~3.¥ ALONG
THE SOUTH BOUNDARY OF LOT No. I AND LOT No. 2 AND I&)T No. 3
OF SAID BLOCK No. 3 OF TOWN OF SLAUGHTER TO THE SOU~IWEST
CORNER OF LOT No. 3 OF SAID BLOCK No. 3 OF TOWN OF
EXHIBIT A ORDINANCF NO. 4695
SLAUGHTER; THENCE NORTHERLY ALONG THE WEST BOUNDARY OF SAID
LOT No. 3 OF BLOCK No. 3 OF TOWN OF SI~UGHTEI~ TO
NORTHWEST CORRER THEREOF; THENCE CONTINUING NORTHERLY TO THE
SOUTHWEST CORNER OF SAID LOT No. 4, BLOCK No. 2 OF FIRST
ADDITION TO THE TOWN OF SLAUGHTER; THENCE NORTHERLY ALONG
THE WEST BOUNDARY OF SAID LOT No. 4, BLOCK No. 2 OF FIRST
ADDITION TO THE TOWN OF SLAUGHTER TO THE NORTHWEST CORNER OF
SAID LOT No. 4, BLOCK No. 2 OF FIRST ADDITION TO T~. TOWN OF
SLAUGHTER AND THE POINT OF BEGINNING.
EXHIBIT A OPd)INANCE 4695