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HomeMy WebLinkAboutOrd 1184 - LID #29 (Local Improvement District) - Assessment Roll Levy d el A\ CITY OF TUKWI WASHINGTON ORDINANCE NOS n 9 AN ORDINANCE MODIFYING, APPROVING AND CONFIRMING THE ASSESSMENTS AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 29 WHICH HAS BEEN CREATED AND ESTABLISHED FOR THE PURPOSE OF THE IMPROVEMENT OF PROPERTY WITHIN THE CITY OF TUKWILA, WASHINGTON, ALONG PORTIONS OF 62ND AVENUE SOUTH AND SOUTH 153RD STREET BY ACQUISITION OF ADDITIONAL PUBLIC RIGHT OF WAY, GRADING, WIDENING AND PAVING THE STREET SURFACE, INSTALLING SIDEWALKS, CURBS AND GUTTERS, INSTALLING STORM DRAINAGE, STORM SEWERS AND SANITARY SEWERS, WATER FACILITIES, UNDERGROUND UTILITIES AND STREET ILLUMINATION, AS PROVIDED BY ORDINANCE NO. 1098, AND LEVYING AND ASSESSING THE AMOUNT THEREOF AGAINST THE SEVERAL LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY SHOWN ON THE ROLL. WHEREAS, the assessment roll levying the special assessments against properties located on Local Improvement District No. 29 in the City of Tukwila, Washington, created by City of Tukwila Ordinance No. 1098, has been filed with the Clerk of the City of Tukwila, Washington, as provided by law; and wHEREAS, notice of the time and place of hearing thereon and of making objections and protests to said roll was duly published at and for the time and in the manner provided by law fixing the time and hour of hearing thereof for the 15th day of September, 1980, at the hour of 7:00 P.M., in the Council Chambers of the City Hall in the City of Tukwila, Washington, further written thereof was duly mailed on August 27, 1980, to each property owner shown on said roll, said mailing having been made at the direction of the City Clerk by Jones Associates, Incorporated, engineers for said project; and WHEREAS, at the time and place fixed and designated in said notice the hearing was duly held and all written protests 1COUNCIL ACTION MME TYPE ITEM ET�:•,G I DATE AGENDA ACTION 6M 1 9 /is So- e /kr a ild R '1/4a Sb 1- raj 1/1/ti ga- /FM I "J,7I 7a-I r /PM AV/ ye. p received were duly considered and all persons appearing at said hearing were heard and the City Council having directed that the roll be changed and modified to provide for the City to further participate in the roll by paying an amount equal to which is calculated based on those properties or portions of properties which are presently undeveloped or used for single family residential purposes and which most probably will be converted to commercial or high density residential use; and by paying an assessment of $3,068.59 which was a portion of the special assessment originally assessed against Parcel No. 7 of the assessment roll; and by paying additional finance costs of $1,508.50; and the City Council having directed the aforesaid referenced changes and modifications to the said roll and having overruled and denied all other written protests and denied all other requests for changes of assessments on said assessment roll. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The assessments and assessment roll of Local Improvement District No. 29, which has been created and established for the purpose of improving property within the City of Tukwila, Washington, along portions of 62nd Avenue South and South 153rd Street by acquisition of additional public right of way, grading, widening and paving the street surface, installing sidewalks, curbs and gutters, installing storm drainage, storm sewers and sanitary sewers, water facilities, underground utilities and street illumination, all in accordance with city standards, as provided by Ordinance No. 1098, be and the same are as herein modified, hereby in all things and respects approved and confirmed in the total sum of $538,070.66. Section 2. Each of the lots, tracts, parcels of land and other property shown upon the roll is hereby determined and declared to be specially benefited by said improvement in at least the amount charged against the same and the assessment appearing against the same is in proportion to the total assessments appearing upon said roll. There is hereby levied and assessed against each lot, tract, parcel of land and other property appearing upon said roll the amount finally charged against the same thereon. Section 3. The parcel of property known as: Lot 11, Interurban Addition to Seattle, less East 450.86 feet thereof, less state highway. shown as Assessment No. 4 in the preliminary assessment roll was rezoned by the City of Tukwila Ordinance 1031 from R -3 zone to RMH zone for the explicit purpose of allowing a motel to be constructed. There is a long term lease between the present property owners and VIP's Restaurants, Inc. and preliminary site plans indicate that access, utilities and drainage facilities will be provided from Southcenter Boulevard. Therefore, the parcel described hereinabove will not be specially benefited by Local Improvement District 29 if the parcel is developed as proposed. In the event that the parcel described and referred to hereinabove is not developed in accordance with the provisions of Ordinance 1031, the owners of this parcel will be assessed late comer charges if the development submitted to the City for appropriate development permits as required show that access, utility service and /or drainage flow use any of the improvements constructed under Local Improvement District 29. The late comer charges shall be for the improvements used as follows: Street Access Water Connection Storm Drainage Sanitary Sewer Connection $10,762.40 2, 508.52 3,422.54 931.44 The sum of $17,624.90 assessed against the parcel hereinabove described shall be distributed among the property specially benefited by the improvements included in Local Improvement District 29 in accordance with the method or combination of methods used by the City of Tukwila to compute the assessments. In the event of such payment, said late comer charge payments, when collected, shall be paid into the LID No. 29 Bond Retirement Fund, unless all bonds have been retired or other indebtedness satisfied, then the assessment collected shall be deposited to the L. I. Guaranty Fund of the City of Tukwila. Section 4. That parcel of property known as: Lot 11, Interurban Addition to Seattle, the West 150 feet of the easterly 450.86 feet thereof, less state highway. shown as Assessment No. 5 in the preliminary assessment roll was conditionally rezoned by the City of Tukwila Ordinance No. 1088 from R -3 Zone to RMH Zone for the explicit purpose of allowing a multi residential development to be constructed. In the event that the parcel described and referred to hereinabove is not developed in accordance with the provisions of Ordinance 1088, the owners of this parcel will be assessed late comer charges if the development plan submitted to the City for appropriate development permits as required, show that access, utility service, and /or drainage flow use any of the improvements constructed under Local Improvement District 29. The late comer charges shall be for the improvements used as follows: Streets and Sidewalks Water Connection Storm Drainage Sanitary Sewer Connection $10,753.97 2,506.55 3,419.86 930.71 The sum of $17,611.09 assessed against the parcel hereinabove described in the preliminary assessment shall be paid by the City of Tukwila. In the event of such payment, said late comer charge payments, when collected, shall be paid into the Street Fund in repayment of the temporary loan paid to the LID Fund from the Street Fund. Section 5. The parcel of property known as: Lot 11, Interurban Addition to Seattle, that POR BEG SE COR SD TR TH S 89 DEG 52 MIN 00 SEC W 300.86 FT TH N 00 DEG 08 MIN 00 SEC W 124.53 FT TH N 89 DEG 52 MIN 00 SEC E 141.65 FT TH N 00 DEG 08 MIN 00 SEC W 38.26 FT TH N 89 DEG 52 MIN 00 SEC E 159.21 FT TO PT ON ELY LN THOF TH S 00 DEG 08 MIN 00 SEC E 162.79 FT TO BEG shown as Assessment No. 3 in the preliminary assessment roll was rezoned by City of Tukwila Ordinance 1088 from R -3 Zone to RMH Zone for the explicit purpose of allowing a multi residential development to be constructed. In the event that the parcel described and referred to hereinabove is not developed in accordance with the provisions of Ordinance 1088, the owners of this parcel will be assessed late comer charges if the development plan submitted to the City for appropriate development permits as required, show that access, utility service, and /or drainage flow use any of the improvements constructed under Local Improvement District 29. The late comer charges shall be for the improvements used as follows: Street and Sidewalks Water Connection Storm Drainage $17,011.81 3,965.14 5,409.90 The sum of $26,386.85 assessed against the parcel hereinabove described shall be paid by the City of Tukwila. In the event of such payment, said late comer charge payments, when collected, shall be paid into the Street Fund in repayment of the temporary loan paid to the LID Fund from the Street Fund. The balance of the assessment against Parcel 3 as shown on the preliminary assessment roll shall be confirmed. Section 6. That parcel of property known as: LOT 15 INTERURBAN ADD TO SEATTLE POR INTERURBAN ADD TO SEATTLE OF POR OF WM GILLIAM D C 4 DAF BEG 1836.78 FT W 1501.5 FT N OF SE COR SEC 23 -23 -4 TH E 350 FT TH S 460.15 FT M/L to N LN OF CO RD. 622 TH WLY ALG RD TO PT 5 OF BEG TH N 290.5 FT TO BEG LESS CO RD LESS ST HWY shown as Assessment No. 10 in the preliminary assessment roll, being real property owned by the City of Tukwila, shall have its assessment increased by $1,508.50 for payment of additional finance costs. That parcel of property known as: LOT 12 INTERURBAN ADD TO SEATTLE POR OF E 100 FT N OF HWY #1 L LESS N 25 FT LESS ST HWY POR VAC ST ADJ. shown as Assessment No. 7 in the preliminary assessment roll shall have its assessment decreased by $3,068.59, which amount shall be paid by the City of Tukwila. Section 7. The assessment roll as approved and confirmed shall be filed with the Finance Director of the City of Tukwila for collection and said Finance Director is hereby authorized and directed to publish notice as required by law, stating that said roll is in his hands for collection and payment of any assessment thereon and that payment of any portion of said assessment can be made at any time within 30 days from the date of first publication of said notice without penalty, interest or cost; and that thereafter the sum remaining unpaid may be paid in 10 equal annual installments with interest thereon hereby fixed at the rate of 12% per annum, provided, however, that if the net effective rate fixed on the local improvement bonds hereafter issued for LID #29 is other than 11 -1/2% per annum, the interest rate on the unpaid assessment shall be revised to a rate of 1/2 of 1% in excess of the net effective interest rate on such bonds. The first installment of assessments on said assessment roll shall become due and payable during the 30 -day period succeeding the date one year after the date of first publication of notice by the Finance Director of the City that such assessment roll is in her hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner. If any portion of the assessment remains unpaid after the first 30 -day period, interest upon the whole unpaid sum shall be charged at the rate as fixed above and each year thereafter one of said installments, together with interest due on the whole unpaid balance, shall be collected. Any installment not paid prior to the expiration of said 30 -day period during which such installment is due and payable shall thereupon become delinquent. All delinquent installments shall be subject to a charge for interest as fixed above and for an additional charge of 5% as a penalty levied upon both principal and interest due upon such installment or installments. The collection of such delinquent installments will be enforced in the manner provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this f —day of ...01,+lr,�c�c� 1980. Ap roved as to Form: Attest: /1 L wrence E. Hard, y Attorney Published Record Chronicle December 5, 1980 Mayor Pro Tem, D t erk