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HomeMy WebLinkAboutOrd 0379 - LID #6 (Local Improvement District)CITY OF TUKWILA, WASHINGTON ORDINANCE NO. 379 AN ORDINANCE ordering the improvement of South 164th Street from James Christenson Road to 57th Avenue South by purchasing a 60 foot rig1b -of -way, filling roadway to final grade, and constructing necessary storm drains to serve said street, pur- suant to property owners' petition there- for; establishing Local Improvement Dis- trict No. 6; providing that payment for said improvement be made by special assess- ments on properties in said District pay- able 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 im- provement 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 improvement if South 164th Street from James Christenson Road to 57th Avenue South by purchasing a 60 foot right -of -way, filling roadway to final grade, and constructing necessary storm drain to serve said street; 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 pro- posed improvement, a description of the boundaries of the District, a statement of what portion of the cost and expense of the improve- ment 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 250 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 South 164th Street from James Christenson Road to 57th Avenue South be improved by pur- chasing a 60 foot right -of -way, filling roadway to final grade, and constructing the necessary storm drains to serve said street. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by Harstad Associates, consulting -2- engineers to the City. Section 2. There is hereby created and established a local improvement district to be called "Local Improvement District No. 6 of the City of Tukwila, Washington," which District is described as follows: A portion of Sections 25 and 26, Township 23 North, Range 4 East, W.M., located within the City of Tukwila, Washington, described as follows: Beginning at the intersection of a line 680 feet west of and parallel to the east boundary of the N.W. of Section 26, Township 23 North, Range 4 East, W.M. and the north boundary of the SE i of the NW of said Section 26; Thence northerly along said parallel line to its intersection with a line 436.08 feet north of and parallel to the south boundary of the N 2 of the N z of said Section 26; Thence easterly along said parallel line to the east boundary of said Section 26 and continuing easterly along a line 436.08 feet north of and parallel to the south boundary of the N of the N z of Section 25, Township 23 North, Range 4 East, W.M., to the center- line of James Christensen Road; Thence generally southeasterly along said centerline to its intersection with a line 542.50 feet east of and parallel to the west boundary of said Section 25; Thence southerly along said parallel line to its in- tersection with a line 436.08 feet south of and parallel to the south boundary of the N z of the N 2 of said Section 25; Thence westerly along said parallel line to the west boundary of said Section 25, and continuing westerly along a line 436.08 feet south of and parallel to the south boundary of the N z of the N 1 of said Section 26 to its intersection with a line b feet west of and parallel to the east boundary of the NW u of said Section 26; Thence northerly along said parallel line to the north boundary of the SE 4 of the NW of said Section 26, which is the point of beginning. Section 3. The estimated cost and expense of said im- provement is hereby declared to be $130,000.00. Included in the cost of this improvement shall be (1) cost of acquiring right -of- way, filling roadway to final grade, and constructing necessary storm drains, (2) All 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 publishing all necessary notices, (7) account- ing, clerical labor and books and blanks extended or used on the part of the City Clerk or Treasurer in connection with the improve- ment, and all other expenses incidental thereto as required or provided by the State of Washington or ordinances of the City of Tukwila. The entire cost and expense of said improvement shall be levied and assessed against all 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. Section 4. The cost and expense of said improvement shall be assessed upon all of the property in the District in accordance with the special benefits conferred thereon in pro- portion to area and distance back from the marginal line of the street improved in accordance with the zone -and- termini method of assessment provided by law. 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. 6," 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 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. 6" is in her hands for collection. The bonds shall be redeemed by the collection of special assess- ments to be levied and assessed upon the property within said Dis- trict, payable in ten equal annual installments, with interest at a rate to be hereafter fixed by ordinance not exceeding 60 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 con- nection 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. 6." 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. 6, a special fund to be known and designated as "Local Improvement Fund, District No. 6," 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 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 ex- pense 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 May, 1963. ATTEST: V1ty Clerk Approved as to form: City Attorng'y