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HomeMy WebLinkAboutOrd 0963 - LID #28 (Local Improvement District) y MO II/ isepH CITY QF TUK WASHINGTON ORDINANCE NO. 963 AN ORDINANCE ORDERING THE IMPROVEMENT OF PROPERTY WITHIN THE CITY OF TUKWILA, WASHINGTON, ALONG PORTIONS OF SOUTH 152ND STREET AND 57TH AVENUE SOUTH 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 ACCORD- ANCE WITH RESOLUTION NO. 507 OF THE CITY OF TUKWILA, WASHINGTON; ESTABLISHING LOCAL IMPROVE- MENT DISTRICT NO. 28; PROVIDING THAT PAYMENT FOR SAID IMPROVEMENTS BE MADE BY SPECIAL ASSESSMENTS UPON PROPERTY IN SAID DISTRICT PAYABLE BY THE MODE OF "PAYMENT BY BOND AND PROVIDING FOR THE ISSU- ANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS REDEEMABLE IN CASH AND LOCAL IMPROVEMENT DISTRICT BONDS. WHEREAS, by Resolution No. 507, adopted December 15, 1975, the City Council of the City of Tukwila declared its intention to improve an area within the corporate limits of the City along portions of South 152nd Street and 57th Avenue South 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, 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 fixing the 5th day of January, 1976, at 7:00 p.m. in the council chambers in the City Hall, Tukwila, Washington, as the time and place of hearing all matters relating to said proposed improvement and all objections thereto and for determining the method of payment for that improvement; and WHEREAS, URS COMPANY, Consulting Engineers for the City, caused an estimate to be made of the costs and expenses of the and proposed improvement and certified said estimate to the City Council, together with all papers and information in its poss- ession touching the proposed improvement, a description of the boundaries of the district, a statement of the costs and expenses of the improvement to be borne by the properties within the pro- posed district, a statement in detail of the local improvement assessments outstanding or unpaid against the properties in the proposed district, and amendments thereto, have been prepared by URS and the Department of Public Works of the City of Tukwila; WHEREAS, said estimate, and amendments, 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, as amended, of the cost and expenses thereof to be borne by each lot, tract and parcel of land or other property; and WHEREAS, due notice of the hearing upon said Resolution No. 507 was given in the manner provided by law and said hearing was held by the City Council on January 5, 1976, and all written protests filed with the City Council on or before said date were duly considered by the City Council and the City Council after due deliberation having voted to delete from the boundaries of the proposed local improvement district two tracts of land owned by Roderick E. Esping, said tracts of land being identified on the preliminary assessment roll as Items Nos. 776160 0152 -08 and 776160- 0153 -07, each being portions of Seattle Land Company's Five -Acre Tracts, the dimensions of which are 336 feet x 85 feet and 323 feet x 20 feet, respectively, and all persons appearing at said hearing having been afforded an opportunity to speak; and WHEREAS, the City Council has determined it to be in the best interests of the City that said improvement as hereinafter 2 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 DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Tukwila, Washington hereby orders the construction of street improvements for a portion of South 152nd Street and 57th Avenue South, consisting of the acquisition of additional public right -of -way, grading, widening and paving the street surface, installing sidewalks, curbs and gutters, installing storm drains, storm sewers and sanitary sewers, water facilities, underground utilities and street illumination, as more particularly described in Exhibit A attached hereto and by this reference made a part hereof. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by URS Company, Consulting Engineers to the City, and amendments thereto. Section 2. There is hereby created and established a local improvement district to be known and designated as Local Improvement District No. 28 of the City of Tukwila, Washington, all within the corporate limits of the City of Tukwila, the boundaries of which are more particularly described in Exhibit B attached hereto and by this reference made a part hereof. Section 3. The total estimated cost of such improvement is hereby declared to be $350,000.00, all of which shall be borne by and be assessed against the property specially bene- fited by such improvements included in the local improvement district herein established, embracing as near as may be all property specially benefited by such improvements. Section 4. In accordance with the provisions of Section 7 of Chapter 258, Laws of Washington, 1968, 1st Ex. Sess., 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 shall be issued in payment of the cost and expense of the improvement, such warrants to be payable out of the "Local Improvement Fund, District No. 28 hereinafter created, to bear interest from the date thereof at the rate to be hereafter fixed by ordinance, 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 Such bonds shall bear interest at a rate to be hereafter fixed by ordinance and shall be payable on or before 12 years from the date of issuance, the life of the improvement ordered being not less than 12 years, and shall be issued in exchange for and in redemption of any and all revenue warrants issued hereafter and not redeemed in cash within a period of not to exceed 60 days after the first publication by the City Treasurer of notice that the assessment roll for Local Improvement District No. 28 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 under the mode of "Payment by Bonds" as defined by law and the ordinances of the City of Tukwila, Washington. In the case of default in the payment of any 4 assessment when the same shall become due there shall be added interest at a rate to be hereafter fixed by ordinance and a penalty of five percent which shall also be collected. The exact form, amount, date, interest rate and denomination 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 improvements 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. 28. 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. 28 a special fund to be known and designated as "Local Improvement Fund, District No. 28" 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 work to be done by them in connection with said improvements, and against which 5 fund cash warrants shall be issued in payment for all other items of expense in connection with said improvement. PASSED BY THE CITY COUNCIL at at a regular meeting thereof this L day of afC-h 1976. Approved as to Form: 0101.0Lo n,'Lall 04 -4110 1..q Lawrence E. Hard Deputy City Attorney r/ dotet Mayor PUBLISHED: Record Chronicle 3 -11 -76 and 3 -18 -76 Exhibit A EXHIBIT A CITY OF TUKW ILA L.I.D. NO. 28 DESCRIPTION OF PROJECT This project consists of improving South 152nd Street and 57th Avenue South by the accruisition of additional right -of -way, grading, widening, paving, installation of curb and gutters, sidewalks, storm and sanitary sewers, water facilities, under- ground utilities and illumination system. EXHIBIT B CITY OF TUKWILA LEGAL DESCRIPTION L.I.D. NO. 28 Beginning at the intersection of the North line of Lot 22, of Brookvale Garden Tracts, according to plat thereof recorded in volume 10 of plats, page 47, records of King County, Washington, with the Easterly line of Primary State Highway No. 1 (SR 5); Thence Southeasterly to a point on the South line of said Lot 22, which is 125 feet Easterly of the Easterly line of Primary State Highway No. 1 (SR 5); Thence Easterly along said South line and the South line of Lot 37, said Brookvale Garden Tracts, and its Easterly extension to its intersection with the Westerly line of the Interurban Addition to Seattle, according to plat thereof recorded in volume 10 of plats, page 55, records of King County, Washington; Thence Northerly along said Westerly line to its intersection with the Easterly extension of the North line of Lot 38, said Brookvale Garden Tracts; Exhibit B Thence Westerly along said North line and its Easterly extension and the North line of Lot 21, said Brookvale Garden Tracts, to the Northwest corner thereof; Thence to the Northeast corner of Lot 9, of Seattle Land Company's 5 Acre Tracts, according to plat thereof recorded in volume 6 of plats, page 90, records of King County, Washington; Thence Southerly along the East line of said Lot 9, 105 feet; Thence Southwesterly to the intersection of the South line of said Lot 9 with the Easterly line of said Primary State Highway No. 1; Thence Southerly along said Easterly line to its intersection with the North line of Lot 22, said Brookvale Garden Tracts, and the Point of Beginning.