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HomeMy WebLinkAboutOrd 0867 - LID #24 (Local Improvement District) er-cm CITY OF TUK WASHINGTON ORDINANCE NO. 867 (97 AN ORDINANCE ORDERING THE CONSTRUCTION AND INSTALLATION OF SANITARY SEWER TRUNKS, FORCE MAINS AND LIFT STATION AND WATER MAINS, ALL IN ACCORDANCE WITH CITY STANDARDS WITHIN AN AREA LYING SOUTHWEST OF INTERURBAN AVENUE AND NORTHEAST OF 42ND AVENUE SOUTH AND SOUTH 135TH STREET AND NORTHWEST OF 4TH AVENUE SOUTH, PURSUANT TO THE PROPERTY OWNERS' PETITION; ESTABLISHING LOCAL IMPROVE- MENT DISTRICT NO. 24; 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 IM- PROVEMENT DISTRICT WARRANTS REDEEMABLE IN CASH AND LOCAL IMPROVEMENT DISTRICT BONDS. WHEREAS, a petition has been filed with the City Council of the City of Tukwila, Washington, signed by the owners of property aggregating a majority of 1. The lineal frontage upon the improvement, and 2. The area within the proposed district, setting forth the nature and territorial extent of the proposed improvement, the mode of payment, the assessment district, 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 improvement of an area bordering Interurban Avenue and Northeast of 42nd Avenue South and South 135th and Northwest of 48th Avenue South, within the City of Tukwila, by construction and for installations of sanitary sewer mains, manholes, side sewers, force main, lift station and appurtenances as required for sound sewer construction and for installation of water mains, valves, fire hydrants and appurtenances as required for sound water main construction, and WHEREAS, Wilsey Ham, Inc., by Resolution No. 367 of the City of Tukwila, passed September 4, 1973, have been designated as engineers for the City of Tukwila in the construction of these improvements and said engineers have caused an estimate to be made of the costs and expense of the proposed improvements and have certified said estimate to the City Council, together with all papers and information in their possession touching the proposed improvement, together with a description of the boundaries of the district and a statement that the costs and expenses of the improvements shall be allocated among and be borne by the various properties within the improvement district, a statement in detail of the local improvement assessments out— standing or unpaid against the property in the proposed district, and whereas the engineers have also determined that the petition is sufficient and the facts therein set forth are true; and WHEREAS, said estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts, parcels and other properties which are benefitted by the proposed improvements, and the amount of the cost and expense thereof to be borne by each lot, tract and parcel of land or other property; and whereas, the City Council has now determined it to be in the best interests of the City and the owners of the property within the local improve— ment district that said improvements petitioned for as hereinafter described be carried out and that the 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 the area bordering Interurban Avenue and Northeast of 42nd Avenue South and South 135th and Northwest of 48th Avenue South, the legal descriptions of which are set forth in Exhibit A attached hereto and incorporated herein by reference, be improved by construction of sanitary sewer mains, manholes, side sewers, force main, a lift station and appurtenances as required for sound sewer construction and water mains, valves, fire hydrants and appurtenances as required for sound water main construction, all as more particularly described in Exhibits B and C attached hereto. All of the foregoing shall be in accordance with the plans and specifications prepared by Wilsey Ham, Inc., and such plans and specifications are hereby adopted for said improvements. Section 2. There is hereby created an established a local improve— ment district to be called "Local Improvement District No. 24 of the City of Tukwila, Washington," which district shall consist of real property referred to in the legal descriptions of which are set forth in Exhibit A attached hereto. Section 3. The estimated cost and expense of said improvements is hereby declared to be $198,100.00. The entire cost and expense of said improvements shall be borne by and be levied and assessed against all of the property specially benefitted by such improvements included in the local improvement district herein established, embracing as near as may be, all property specially benefitted by such improvements. Section 4. In accordance with the provisions of Section 7 of Chapter 258, Laws of Washington 1968, First Extra Session, 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 improvements, such warrants to be pa .able out of the "Local Improvement Fund, District No. 24" hereinafter created, to bear interest from the date thereof at a rate to be hereafter fixed by ordinance, not to exceed S per annum, 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 here— after fixed by ordinance, not to exceed 8% per annum, shall be payable on or before 12 years from the date of issuance, the life of the improvements 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. 24 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 hereinafter fixed by ordinance, not exceeding per annum under the mode of "payment by bonds" as defined by law and the ordinances of the City of Tukwila, Washington. 3 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 here- after fixed by ordinance not to exceed 8°% per annum and a penalty of 5% 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. 24. 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. 24 a special fund to be known and designated as "Local Improvement Fund, District No. 24 into which fund shall be deposited the proceeds from the sale of revenue warrants drawn against said fund, which shall be issued and sold by the City, and collections pertaining to assessments, and against which fund ahallbbe issued cash warrants to the contractor or contractors in payment for wark to be done by them in connection with said improvement, and against which fund cash warrants shall be issued in payment for all other items of expense in connection with said improvements. Section 8. In accordance with the petition of the property owners, if and in the event formal bids for construction work required by these improvements _.should exceed estimates by 10% or more, then at the option of the petitioning property owners the petition is to be voided and upon payment to the City of Tukwila of all costs and expenses incurred in connection with prpposed Local Improvement District No. 24, this ordinance shall upon proper action of the Tukwila City Council be repealed and the properties described herein released from any and all obligations for the proposed improvements. 4 meeting thereof this Approved to Form: PASSED BY THE CITY COUNCIL and approved by the Mayor at a regular day of June, 1974. City Attorney f x ,6 }6.5 Xec/: )4/k2.6 G? �n 5 f 6//9 Mayor City Cle CITY OF TUKWILA EXHIBIT A BOUNDARY DESCRIPTION (Revised 5/13/74) 3- 1605 2001 -20 All that real property situate in the Northeast 1/4 of Section 15, Township 23N, Range 4 East, Willamette Meridian, in the City of Tukwila, King County, Washington, more particularly described as follows. Beginning at a point on the Northeasterly margin of South 135th Street (formerly Foster Street), said point also being the Southeasterly corner of Tract 15, as said street and tract are shown on that map entitled "FOSTORIA GARDEN TRACTS" which map was filed for record on September 10, 1901, in Volume 9 of Plats, page 95, Records of King County, Washington. Thence from said POINT OF BEGINNING Northeasterly, Southeasterly and Northeasterly, along the Tukwila City Limits Line as it exists on 11 27 73 and the Northeasterly prolongation thereof to the Northeasterly margin of South 134th Street; thence Southeasterly along last said margin to the intersection thereof with the Northwesterly margin of 47th Avenue South; thence Northeasterly along last said margin to its intersection with the Southwesterly right -of -way line of PSH No. 1, as shown on WSHD plans as established by Commission Res. No. 1356, September 25, 1963; thence Northwesterly, Westerly, Northerly, Northeasterly, and Northwesterly along last said right -of -way line and its Northwesterly prolongation to the centerline of Relocated South 133rd Street as shown on said WSHD plans; thence Southwesterly along said relocated centerline to the intersection thereof with the Southeasterly prolongation of the right -of -way line for said PSH No. 1, said line showing on said WSHD plans, as "S26 20'E, 280' thence Northwesterly along said prolongation and line to the intersection thereof with the boundary line between Lot 6 and Lot 7, Block 4, Riverton Replat of Lot 1 to 5 of said Fostoria Garden Tracts; thence Northwesterly along last said boundary line to the South- easterly margin of 44th Avenue South; thence Southwesterly along said Southeasterly margin and the Southwesterly prolongation thereof to the centerline of South 134th Street; thence Southeasterly along last said centerline and prolongation thereof to a point 35.feet Southeasterly of the centerline of 44th Place South; thence Southwesterly perpendicular to the centerline of South 134th Street to the Southwesterly margin thereof; thence Northwesterly along last said margin to its intersection with the boundary line between Ownerships "1- 2951" and "1 2952" as shown on said WSHD plans; thence Southwesterly along last said boundary line and prolongation thereof to its intersection with the centerline of South 133rd Street; thence Easterly along the centerline of South 133rd Street to its intersection with the Northeasterly prolongation of the Northwesterly line of Tract 17 of said Fostoria Gardens; thence Southwesterly along said prolongation and Northwesterly line of Tract 17 to the Northeasterly margin of South 135th Street (formerly Foster Street); thence Southeasterly along said Northeasterly margin to the POINT OF BEGINNING. 3- 1605 2001 -20 CITY OF TUKWILA, WASHINGTON EXHIBIT B SANITARY SEWER IMPROVEMENTS (Revised 5/13/74) ON FROM TO SIZE S. 133rd Street S. 134th Street S. 134th Street 44th Avenue South A point approximately 160' Northeasterly of the centerline of Interurban Avenue South. A point approximately 460' Northwesterly of the centerline of 48th Avenue South. 4" gu ON S. T33rd Street 3-1605-2001-20 CITY OF TUKWILA, WASHINGTON EXHIBIT C WATER SYSTEM IMPROVEMENTS (Revised 5/13/74) FROM S. 134th Street S. 134th Street 44th Avenue South TO A point approximately 150' Northeasterly of the centerline of Interurban Avenue South. A point approximately 550' Northwesterly of the centerline of 48th Avenue South. SIZE 12" 1 0"