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HomeMy WebLinkAboutOrd 1455 - LID #32 (Local Improvement District) PON ��908 CITY OF TUK\NILA WASHINGT ON ORDINANCE NO. 1 5 1 5 AN ORDINANCE ORDERING THE CONSTRUCTION OF A SANITARY SEWER MAIN IN ACCORDANCE WITH CITY STANDARDS WITHIN AN AREA ALONG SOUTHCENTER PARKWAY, WITHIN THE CITY OF TUKWILA BOUNDARY, AND ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 32; PROVIDING THAT PAYMENT FOR SAID IMPROVEMENT BE BY SPECIAL ASSESSMENTS ON PROPERTY 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, by Resolution No. 1061, adopted December 21, 1987, the City Council of the City of Tukwila declared its intention to improve an area within the Tukwila city limits along portions of Southcenter Parkway, and to create a Local Improvement District to assess the cost and expense of carrying out such improvements against the properties specially benefited thereby; and WHEREAS, Fujiki Associates, Inc., Consulting Engineers for the City, caused an estimate to be made of the costs and expenses of the proposed improvements, and certified that estimate to the Tukwila City Council, together with all papers and information in the possession of the Consulting Engineer touching the proposed improvement; and WHEREAS, Fujiki Associates, Inc., and the City of Tukwila Department of Public Works have prepared a description of the boundaries of the District and a statement of the costs and expenses of the improvement to be borne by the properties 1 3 0 1 4 C 3 J and 3 0 1 4 C 3 within the proposed District, and a statement in detail of the local improvement assessments outstanding or unpaid against the properties in the proposed District; and WHEREAS, the above mentioned estimates and statements are 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 amount of the cost and expenses thereof to be borne by each lot, tract and parcel of land or other property; WHEREAS, the City of Tukwila gave due notice that all persons who desired to object to the improvements contemplated herein and by Resolution No. 1061 could appear and present their objections at a hearing to be held in the Council Chambers in the Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, at 7:00 P.M. on March 7, 1988; and WHEREAS, at the hearing on March 7, 1988, the City Council considered the proposal and all comments of persons desiring to be heard and deferred final decision to a special meeting of the City Council to be held on March 14, 1988, and WHEREAS, the City's SEPA Responsibile Official, on March 11, 1988, issued a Determination of Nonsignificance for the proposal (EPIC 7 -88), and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvements described below be carried out and that a Local Improvement District be created in connection therewith, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Tukwila, Washington (the "City orders the construction and installation of approximately 1,800 lineal feet of ten -inch 2 3 0 1 4 C 3 diameter gravity sewer main line to extend north from an existing sewer main in Southcenter Parkway at Minkler Boulevard to approximately Strander Boulevard, all as more particularly shown on Exhibit A attached hereto and by this reference incorporated herein. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by Fujiki Associates, Inc., consulting engineers, and may be modified by the City Council as long as such modification does not affect the purpose of the improvement. Section 2. There is created and established a local improvement district to be called Local Improvement District No. 32 of the City of Tukwila, Washington (the "District the boundaries or territorial extent of which District is more particularly described in Exhibit A attached hereto and by this reference incorporated herein. Section 3. The total estimated cost and expense of the improvement is declared to be $334,000. The entire 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. Section 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 herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 32, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and 3 3 0 1 4 C 3 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 improvement district bonds herein authorized to be issued, such interest bearing warrants to be hereafter 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. 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 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 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 shall be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall determine. Section 6. 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 4 3 0 1 4 C 3 for such work will be made in cash warrants drawn upon the Local Improvement Funds. Section 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 assessments, interest and penalties thereon shall be depoisted 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 8. Within fifteen (15) 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 the 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 or land. The City Finance Director shall immediately post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvement. Section 9. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. 5 Section 10. This ordinance shall take effect and be in full force five (5) days after publication of the attached summary which is hereby approved. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a special meeting thereof this day of 1988. ATTEST /AUTHENTICATED: CITY CLERK, MAXINE ANDERSON APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By 'A APPROVED: FILED WITH THE CITY CLERK: t P4- S' 7 PASSED BY THE CITY COUNCIL: 3° -Por PUBLISHED: 3--/.4 EFFECTIVE DATE: 3 ORDINANCE NO. /L453 ,'GARY L. VAN DUSEN EXHIBIT A LEGAL DESCRIPTION L.I.D. No. 32 Commencing at the southwest corner of the NW 1/4 of Section 26, Township 23 N., Range 4 E., W.M.; King County WA; Thence S 89 °21'31" E alg the S line of sd NW 1/4, 1,961.64' to the west margin of 57th Avenue South (Southcenter Parkway); Thence N 0 °09'22" W 250'; Thence N 89 °21'31" W 6' to the west margin of said Southcenter Parkway as widened and as it exists on March 1, 1988; Thence N 0 °09'22" W 150'; Thence N 0 °34'46" W 258.79'; Thence S 89 °25'14" W 184.14' to the east margin of Primary State Highway No. 1; Thence northerly along said east margin on a curve to the left, center which bears N 79 °56'56" W, radius of 6,029.59' arc distance 384.61' through a central angle 3 °39'17" and the True Point of Beginning; Thence N 89 °25'14" E 125.29' to said west margin of Southcenter Parkway; Thence continuing N 89 °25'14" E to the east margin of said Southcenter Parkway; Thence southerly along said east margin of Southcenter parkway to its intersection with the easterly extension of the south line of Lot 2 of City of Tukwila, Short Plat No. 80- 45 -SS, Recording No. 8106040707; Thence westerly along said easterly extension and the south line of said Lot 2 to the southwest corner thereof; Thence northerly along the west line of said Lot 2 (which is also the west line of the east 1/2 of the SW 1/4 of Section 26, Township 23 N., Range 4 E., W.M.) to its intersection with the east margin of Primary State Highway No. 1 (as it exists on March 1, 1988); Thence northerly and easterly along said east margin of Primary State Highway No. 1 (as it exists on March 1, 1988) to the True Point of Beginning. AND ALSO: Lots 3 and 4 of City of Tukwila, Short Plat No. 77 -51, Recording No. 7710130634. AND ALSO: Commencing at the SE corner of the NE 1/4 of the SW 1/4 of Section 26, Township 23 N., Range 4 E., W.M.; Thence N 87 °55'53" W along the south line of said NE 1/4 185.28'; Thence N 1 °58'27" E 349.95'; Thence N 87 °55'53" W 48'; Thence S 2 °04'07" W 10'; Thence N 87 °55'53" W 66.43' more or less to a point which lies 330' east of the east margin of Southcenter Parkway (as it exists on March 1, 1988) and the True Point of Beginning; Thence continuing N 87 °55'53" W 305' to the tangent of a curve to the left, radius 25'; Thence southwesterly along said curve to the left, through a central angle of 90 °55'31" arc distance of 39.67' to the east margin of said Southcenter Parkway; Thence N 1 °08'35" E along said east margin of said Southcenter Parkway 345.58'; Thence S 88 °00'36" E to a point which lies N 1 °08'35" E from the True Point of Beginning; Thence S 1 °08'35" E to the True Point of Beginning. Page 1 of 2 41. v r,• ati �i oj I rl 1 x ta 10 28 9 •3 '35 .t/t• MIKAMI 37 7 39 4 0 a Y 1.‹ /4. /AD Cl Ll TU SP 80-45 -SS 8106040707 L. Jl.-" +a:)ri+1 ;1 4... .w�i rr I350.33 S Ig17H ST. Y .1.4L•ap.t J17.ff 1 f a. 1,4 141, e.hb 1 PCL. •1•1 271`• S'+ PCL.• 2 PUMP 4 WEST, INC. k* .i BON MARCHE 1Y a P ENNEYS EXHIBIT A LID 32 MEMO A O M A Page 2 of 2 t 3 0 1 4 C 3 SUMMARY OF ORDINANCE NO. /475 AN ORDINANCE ORDERING THE CONSTRUCTION OF A SANITARY SEWER MAIN IN ACCORDANCE WITH CITY STANDARDS WITHIN AN AREA ALONG SOUTHCENTER PARKWAY, WITHIN THE CITY OF TUKWILA BOUNDARY, AND ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 32; PROVIDING THAT PAYMENT FOR SAID IMPROVEMENT BE BY SPECIAL ASSESSMENTS ON PROPERTY 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. On i� C, f`t 1988, the City Council of the City of Tukwila passed Ordinance No. which provides as follows: Section 1. Orders the construction of a main line sewer on Southcenter Parkway between Minkler Boulevard and Strander Boulevard. Section 2. Establishes a Local Improvement District. Section 3. Provides for cost and assessment against property owners. Section 4. Provides for method of assessment. Section 5. Provides for the method of payment for the improvements, including issuance of bonds. Section 6. Relates to calls for bids for construction. Section 7. Provides for the establishment of the Local Improvement Fund, deposits therein and payments therefrom. Section 8. Provides for posting map and proposed assessment roll. Section 9. Provides for severability Section 10. Establishes an effective date. 1 3 0 1 4 C 3 The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at their meeting of 1988. MARINE ANDERSON, CITY CLERK Publish: Valley Daily News, March 24, 1988 2