HomeMy WebLinkAboutOrd 0402 - LID #9 (Local Improvement District)CITY OF TUKWILA, WASHIINGTON
ORDINANCE NO. 4 143
AN ORDINANCE ordering the installation of
a section of a water main along South 164th Street from
63rd Avenue South to 57th Avenue South and
along 57th Avenue South from South 164th Street
to South 158th Street, including valves and
other appurtenances connected with good water
main construction, pursuant to property owners'
petition therefor; establishing Local Improvement
District No. 9; providing that payment for said
improvement be made in part by special assess-
ments on properties in said District payable by
the mode of "payment by bonds and providing
for the issuance and sale of local improvement
district warrants redeemable in cash and local
improvement district bonds.
WHEREAS, a petition has been filed with the City Council
signed by the owners of property aggregating a majority (1) of the lineal
frontage upon the improvement, and (2) of the area within the proposed
district, setting forth the nature and territorial extent of the proposed
improvement, the mode of payment, and what portion of the lineal frontage
upon the improvement and of the area within the proposed district is owned
by the petitioners as shown by the records in the office of the County Auditor
of King County, petitioning for the installation of a section of water main
along South 164th Street from 63rd Avenue South to 57th Avenue South and
along 57th Avenue South from South 164th Street to South 158th Street,
including valves and other appurtenances connected with good water
main construction; and
WHEREAS Harstad Associates, of Seattle, Washington,
consulting engineers to the City, have caused an estimate to be made of
the costs and expense of the proposed improvement and have certified
said estimate to the City Council, together with all papers and information
in their possession touching the proposed improvement, a description of
the boundaries of the District, a statement of what portion of the cost and
expense of the improvement should be borne by the property within the proposed
District, a statement in detail of the local improvement assessments out-
standing or unpaid against the property in the proposed District, and a
statement of the aggregate actual valuation 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 engineers have also determined that the
petition is sufficient and the facts therein set forth are true; and
WHEREAS, said estimate is on file in the office of the
City Clerk, together with a detailed copy of the preliminary assessment
roll and the plans and assessment maps of the proposed improvement; and
WHEREAS, the City Council determined it to be in the best
interest of the City and of the owners of the property within the local
improvement district that said improvement petitioned for, 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 TUKWILA, WASHINGTON,
DO ORDAIN as follows:
Section 1. It is hereby ordered that a section of water
main be installed along South 164th Street from 63rd Avenue South to 57th
Avenue South and along 57th Avenue South from South 164th Street to South
158th Street, including valves and other appurtenances connected with good
water main construction. All of the foregoing shall be in accordance with
the plans and specifications therefor prepared by Harstad Associates
consulting engineers to the City.
Section 2. There is hereby created and established a local
improvement district to be called "Local Improvement District No. 9 of
the City of Tukwila, Washington," which District is described as follows:
A portion of Sections 23 and 26, Township 23
North, Range 4 East, W. M. located within
the City of Tukwila, described as follows:
Beginning at the intersection of the east line of the
SW 1/4 of the SE 1/4 of Section 23, Township 23
North, Range 4 East, W.M. with the southerly
boundary of the right -of -way for State Highway
No. SR -405;
Thence southerly along said east line to the north
line of Section 26, Township 23 North, Range 4 East,
W.M.;
Thence continuing southerly along the east line
of the W 1/2 of the NE 1/4 of said Section 26 to
the south line of the N 1/2 of the SW 1/4 of the
NE 1/4 of said Section 26;
Thence westerly along said south line to the east
line of the NW 1/4 of said Section 26;
Thence continuing westerly along the south line
of the N 1/2 of the SE 1/4 of the NW 1/4 of said
Section 26 to the easterly boundary of the right
of -way of State Highway No. SR -5;
Thence northerly along said easterly boundary of
State 'Highway No. SR -5 to the south line of said
Section 23;
Thence continuing northerly and easterly along the
easterly and southerly boundaries of the rights -of -way
of State Highways No. SR -5 and No. SR -405 to the
point of beginning;
Thence generally easterly along said southerly
boundary to the east line of the SW 1/4 of the SE 1/4
of said Section 23, which is the point of beginning.
Section 3. The estimated cost and expense of said
improvement is hereby declared to be $30,000.00. Included in the
cost of this improvement shall be (1) cost of installing said water main,
(2) .a.11 engineering and surveying necessary for the improvement, (3)
all legal work and opinions incidental thereto, (4) ascertaining the
ownership of lots or parcels of land included within the assessment
district, (5) appraisals, (6) advertising, mailing, posting and pub-
lishing all necessary notices, (7) accounting, clerical labor and
books and blanks extended or used on the part of the City Clerk or
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Treasurer in connection with the improvement, and all other expenses
incidental thereto as required or provided by the State of Washington
or ordinances of the City of Tukwila. Not to exceed $20,000.00 of the cost
and expense of said improvement shall be levied and assessed
against all of the property legally and properly assessable therefor as
provided by the laws of the State of Washington and the ordinances of the
City of Tukwila, and the balance of said cost and expense shall be paid
by the State of Washington Department of Highways under Agreement
No. GC 1255.
Section 4. The nature of the improvement provided for herein
is such that the special benefits conferred upon the property in the local
improvement district herein created are not fairly reflected by the use of the
zone and termini method of assessment therefor, and it is hereby provided
and ordered that the assessments shall be made against the property of
the District in accordance with the special benefits that it will derive
from the improvement without regard to the zone and termini method provided
by statute.
Section 5. Local improvement district warrants shall be
issued in payment of the cost and expense of the improvement herein ordered,
such warrants to be payable out of the "Local Improvement Fund, District
No. 9," hereafter created to bear interest from the date thereof at a rate to
be hereafter fixed by ordinance not to exceed 6% per annum and to be redeemed
in cash, and /or by local improvement district bonds herein authorized to
be issued, said interest bearing warrants to be hereafter referred to as
"revenue warrants Such bonds shall bear interest at a rate to be hereafter
fixed by ordinance not exceeding 6% per annum, shall be payable on or
before twelve years from the date of issuance the life of the improvement
ordered being not less than twelve years, and shall be issued in exchange
for and in redemption of any and all revenue warrants issued hereunder
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and not redeemed in cash within a period not to exceed 60 days after the
first publication by the City Treasurer of notice that the assessment
roll for "Local Improvement District No. 9" is in her hands for collection.
The bonds shall be redeemed by the collection of special assessments
to be levied and assessed upon the property within said District payable
in ten equal annual installments, with interest at a rate to be hereafter
fixed by ordinance not exceeding 6% per annum, under the mode of "payment
by bonds," as defined by law and the ordinances of the City of Tukwila.
In the case of default in the payment of any assessment when the same shall
become due, there-shall be added interest at a rate to be hereafter fixed by
ordinance not to exceed 6% per annum and a penalty of 5% which shall also
be collected. The exact form, amount, date, interest rate and denominations
of said warrants and bonds shall be hereafter fixed by ordinance of the City
Council. Said warrants and bonds shall be sold in such manner as the City
Council shall hereafter determine.
Section 6. All the work necessary to be done in connection
with the making of said improvement shall be done by and made by contract
upon competitive bids and the City shall have and reserves 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. 9."
Section 7. There is hereby created and established in the
office of the City Treasurer of the City of Tukwila, for Local Improvement
District No. 9, a special fund to be known and designated as "Local
Improvement Fund, District No. 9," into which fund shall be deposited
the proceeds from the sale of revenue warrants drawn against said fund which
may be issued and sold by the City and collections pertaining to assessments,
and against which fund shall be issued cash warrants to the contractor or
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contractors in payment for the work to be done by them in connection with
said improvement, and against which fund cash warrants shall be issued in
payment of all other items of expense in connection with said improvement.
PASSED by the City Council and APPROVED by the Mayor
of the City of Tukwila, Washington, at a regular meeting thereof this
6th day of July, 1964.
ATTEST:
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City Clerk
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