HomeMy WebLinkAbout2097 Creating Local Improvement District (LID) No. 1 - Seaview Sewer
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ORDINANCE NO. 2097
AN ORDINANCE of the City of Port Townsend,
Washington, ordering certain local improve-
ments and creating a local improvement dis-
trict; providing for the payment of the cost
of such improvements by special assessments;
creating a local improvement district fund;
and providing for the issuance and sale of
local improvement district bonds and interim
financing warrants or notes.
WHEREAS, on
October 20
1987, the City Council of the
City of Port Townsend, Washington (the "City") adopted Resolution
No.87-65 declaring its intention to order certain local improve-
ments within the City and to create a local improvement district;
and
WHEREAS, a hearing was held on November 17,1987, after notice
as provided by law, and after discussion of the proposed improve-
ments and due consideration thereof and of all objections thereto,
the Council has determined to order the local improvements
described below and to create a local· improvement district; and
WHEREAS, estimates of the costs and expenses of the proposed
improvements, a description of the boundaries of the district, a
statement of what portion of the costs and expenses of the
improvements would be borne by the property wi thin the proposed
district, a statement ìn detail of the local improvement assess-
ments ·outstanding and unpaid against property in the proposed
district and a diagram showing the lots, tracts and parcels to be
benefi ted and other information pertaining to the proposed dis-
--
trict, have been filed with the City Clerk and certified to the
City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND, WASHINGTON, DO ORDAIN 'AS FOLLOWS:
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Section 1. The City shall acquire, construct and install the
following sewer improvements within the following described areas
of the City:
As described on attached Exhibit A, which is by this
reference incorporated herein as if set forth in full.
The foregoing improvements are hereafter referred to as the
"Improvements."
The above-described trunk and lateral sewers
shall be installed complete with all necessary manholes, I amp-
holes, wyes, ties, side sewers and other appurtenances necessary
to the proper operation of the sewer system.
Section 2.
The plans and specifications for the Improve-
ments~ 'as prepared by the Ci ty Engineer~ "and now on file in the
Office of Public Works, are hereby adopted and approved. The
Improvements, when completed, shall be in accordance with said
plans, the provisions of this ordinance and any other ordinances
as may hereafter be adopted in connection herewith; provided,
however, that changes in detail of such plans that do not signifi-
cantly alter the scope or costs of the Improvements wi 11 not
require further approval.
Section-3. There is hereby established a local improvement
district of the City to be known as "Local Improvement District
No.' 1" (herein referred to as "LID No. -.1:.."). The boundaries of
LID No. 1 shall be as described in Exhibit B attached hereto and
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incorporated herein by this reference.
It is hereby found that the above-described boundaries
embrace as nearly as practicable all the property ,specially
"---"-benefi ted Ey the-' Improvements.
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Section 4.
The total cost and expense of the Improvements
and all work necessary in connection therewith and incidental
thereto is estimated to be $318,500.00, of which 100 % shall be
borne by and assessed against the property within LID No. .L
specially benefited by the Improvements.
Assessments shall be
made against the property within LID NO.1-in accordance with the
special benefi ts accruing to such property as a result of the
Improvements on the basi s of a rrodified zone and termini method, described
mo:reparticularly in Exhibit C attached and incorporated herein by this reference.
Section 5. Upon completion of the Improvements, an assess-
ment roll shall be prepared and, after notice and hearing in the
manner provided by law, an assessment roll shall be confirmed.
Assessments not paid within the 30-day prepayment period provided
by law shall be payable in installments and the City shall issue
local improvement district bonds payable from such unpaid install-
ments. The number of years said installments sh~ll run, the dates
of payment of the same and the rate of interest that the unpaid
installments shall bear shall be as hereafter fixed by ordinance.
Section 6. There is hereby created a fund of the City to be
known as the "Local Improvement District No. 1 Fund" for the
purpose of paying the cost of the Improvements provided for in
this ordinance and into which there shall be paid all of the
assessments collected in LID No. 1 as and when directed by the
õrdinance confirming the assessment roll.
All moneys received
from the sale of bonds, notes and warrants drawn on the LID No. ~
Fund shall be deposited into said Fund, and applied solely in
payment of the costs and expenses of the Improvements.
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Section 7. Pending the issuance of local improvement dis-
trict bonds, the City may, for the purpose of meeting any and all
costs and expenses of constructing the Improvements, for which
funds arénõ't õthérwise available, as the- same are- installed-p-rlo-r-
to the sale of, the bonds, issue interim financing warrants against
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the LID No. ---1 Fund, or issue local improvement district bond
anticipation notes pursuant to RCW Ch. 39.50, bearing interest at
such rate or rates and with such terms as may hereafter be estab-
Ii shed by the Council by ordinance.
Such interim warrants or
notes, together with the interest due thereon to the date of
delivery of the bonds, shall be redeemed and retired from the
proceeds of the sale of local improvement district bonds or
prepayments of assessments.
Such warrants or notes shall be
issued in an aggregate principal amount not in excess of the cost
and expense of the Improvements.
Section 8. Effective Date. This ordinance shall be effec-
tive five days from and after the date of its final passage and
publication as provided by law.
PASSED by the Council of the City of Port Townsend,
Washington, at a regular meeting thereof held this 19th day of
Januarv , 1988.'
CITY OF PORT TOWNSEND,
WASHINGTON
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Mayor
ATTEST:
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City Clerk David Grove
APPROV,/.D AS
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Harper
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A to Ord. 2097
A sanitary sewer line, either 10 or 8 inches or a combination
of both, including manholes, auxiliary valves, fittings, equip-
ment and appurtentances necessary to the proper operation of
the water and sewe.r system of the City, approximatèly in the arëas
described as follows:
In 49th Street between Sheridan and Hendricks Streets; North-
westerly in 49th Street a distance of approximately 200 feet;
in a Southwesterly direction across unp¡atted land to Rosecrans
Street between Blocks 20 and 21, Tacoma Addition; South in Rose-
crans to 45th Street; West in 45th Street to Thomas Street; North
in Thomas Street to East Sapphire Street; West in East Sapphire
Street to EmeraldStreet; Southwesterly in Emerald Street to Peary
Street; Northwesterly in Peary Street to Cook Avenue; then in
Cook Avenue a distance of approximately 850 feet; then northerly
across unplatted land to Seavièw Drive af a point between Lots
35 and 36 in the plat of Seaview Estates Division 1; then easterly
in Seaview Drive to Cook Avenue; then northeasterly in Cook Ave-
nue a distance of approximately 200 feet.
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Exhibit B, Page Two
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SEAVIEW SEWER DISTRICT LEGAL DESCRIPTION
THAT PORTION OF SECTIONS 33 AND 34 IN TOWNSHIP 31 NORTH, RANGE
1 WEST, W.M., AND SECTIONS 3 AND 4 IN TOWNSHIP 30 NORTH, RANGE
1 WEST, W.M., JEFFERSON COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE EAST MOST CORNER OF LOT 1 OF SEAVIEW ESTATES -
DIVISION 1 PER PLAT THEREOF RECORDED IN VOLUME 4 OF PLATS, PAGE
26, RECORDS OF JEFFERSON COUNTY, WASHINGTON;
THENCE ALONG THE NORTHERLY LINE OF LOTS 1 THROUGH 20 OF SEAVIEW
ESTATES FOR THE FOLLOWING COURSES AND DISTANCES:
SOUTH 80°54-23' WEST, A DISTANCE OF 335.53 FEET;
SOUTH 78°03-49' WEST, A DISTANCE OF 199.05 FEET;
NORTH 82°31-25' WEST, A DISTANCE OF 220.41 FEET;
SOUTH 77°23-15' WEST, A DISTANCE OF 248.31 FEET;
SOUTH 68°56-23' WEST, A DISTANCE OF 730.07 FEET;
SOUTH 69°37-32' WEST, A DISTANCE OF 268.75 FEET;
TO THE NORTHWEST CORNER OF THE PLAT OF SEAVIEW ESTATES -
DIVISION 1;
THENCE SOUTHWESTERLY, A DISTANCE OF 50 FEET, MORE OR LESS, TO
THE CENTERLINE INTERSECTION OF NORTH PEARL STREET AND MADRONA
STREET PER PLAT OF FOWLERS PARK ADDITION TO THE CITY OF PORT
TOWNSEND AS RECORDED IN BOOK 2 OF PLATS, PAGE 16, RECORDS OF
JEFFERSON COUNTY, WASHINGTON;
THENCE WESTERLY ALONG THE CENTERLINE OF MADRONA STREET, A
DISTANCE OF 430 FEET, MORE OR LESS, TO THE INTERSECTION OF
MADRONA STREET CENTERLINE WITH THE NORTHERLY PROLONGATION OF
THE WESTERLY LINE OF LOT 23, BLOCK 68, FOWLERS PARK ADDITION;
THENCE SOUTHERLY ALONG SAID NORTHERLY PROLONGATION AND ALONG
THE WESTERLY LINE OF SAID LOT 23 AND ALONG THE SOUTHERLY
PROLONGATION OF THE WESTERLY LINE OF SAID LOT 23, A DISTANCE OF
136 FEET, MORE OR LESS, TO THE CENTERLINE OF THE ALLEY IN SAID
BLOCK 68;
THENCE WESTERLY ALONG SAID ALLEY CENTERLINE, A DISTANCE OF 160
FEET, MORE OR LESS, TO THE ANGLE POINT IN SAID ALLEY
,CENTERLINE;
THENCE NORTHWESTERLY ALONG SAID ALLEY CENTERLINE, A DISTANCE OF
33 FEET, MORE OR LESS, TO ITS INTERSECTION WITH THE
NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF LOT 4,
BLOCK 68;
THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF LOT 4,
BLOCK 68 AND ITS SOUTHWESTERLY PROLONGATION, A DISTANCE OF 146
FEET, MORE OR LESS, TO THE CENTERLINE OF WASHINGTON AVENUE
(ALSO KNOW AS PEARY ÀVENUE);
THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF WASHINGTON AVENUE,
A DISTANCE OF 1,408 FEET, MORE OR LESS, TO THE CENTER OF THE
717 SOUTH PEABOC'Y'. PORT ANGElES, WA 9&162 (206) 452~91 1-800-6..<;.4..5545
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Exhibit B, Page Three
PLAZA SHOWN ON THE PLAT OF FOWLERS PARK ADDITION AND THE
CENTERLINE OF FOWLER ANENUE (ALSO KNOWN AS COOK AVENUE);
THENCE SOUTHWESTERLY ALONG THE CENTERLINE' OF FOWLER AVENUE, A
DISTANCE OF 3600. FEET, MORE OR LESS, TO THE SOUTHWEST CORNER
OF FOWLER PARK ADDITION;
THENCE EASTERLY ALONG THE CENTERLINE OF 39th STREET TO ITS
INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE CENTERLINE
OF 4TH STREET (ALSO KNOWN AS ROSECRANS STREET) PER THE PLAT OF
BAKER ADDITION RECORDED IN BOOK I OF PLATS, PAGE 75; THENCE
NORTHERLY ALONG THE CENTERLINE OF 4th STREET, A DISTANCE OF
515 FEET, MORE OR LESS TO THE NORTH LINE OF BAKER ADDITION;
THENCE WESTERLY ALONG THE NORTH LINE OF BAKER ADDITION, A
DISTANCE OF 25 FEET, MORE OR LESS, TO THE SOUTHERLY
PROLONGATION OF ERVING AVENUE (ALSO KNOWN AS ROSECRANS STREET)
PER PLAT OF THE TACOMA ADDITION AS RECORDED IN BOOK I OF PLATS,
PAGE 81;
THENCE NORTHERLY ALONG THE CENTERLINE OF ERVING AVENUE, A
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DisTANCE OF 27S FEET, MORE OR LESS, TO THE CENTERLINE OF -B-
STREET (ALSO KNOWN AS 42ND STREET);
THENCE EASTERLY ALONG THE CENTERLINE OF -B- STREET, A DISTANCE
OF 1,086 FEET, MORE OR LESS, TO THE EAST LINE OF THE TACOMA '
ADDITION;
THENCE SOUTHERLY ALONG THE EAST LINE OF THE TACOMA ADDITION, A
DISTANCE OF lIS FEET, MORE OR LESS, TO ITS INTERSECTION WITH
THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 8, BLOCK 3
OF H. J. TIBBALS, JR. FIRST ADDITION, PER PLAT THEREOF,
RECORDED IN VOLUME 1 OF PLATS, PAGE 43; ,
THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 8 AND CONTINUING
THROUGH THE CENTERLINES OF BLOCKS 3 AND 18, A DISTANCE OF S20
FEET,MORE OR LESS, TO THE CENTERLINE OF WALLACE STREET (ALSO
KNOWN AS SHERIDAN STREET);
THENCE NORTHERLY ALONG THE CENTERLINE OF WALLACE STREET, A
DISTANCE OF 1,690 FEET, MORE OR LESS, TO THE CENTERLINE OF -K-
STREET (ALSO KNOWN AS 48TH STREET);
THENCE EASTERLY ALONG THE CENTERLINE OF -K- STREET, ,A DISTANCE
OF 130 FEET, MORE OR LESS, TO ITS INTERSECTION WITH THE
SOUTHERLY PROLONGATION OF THE EAST LINE OF LOT 2, BLOCK 30, OF
SAID H. J. TIBBALS, JR. FIRST ADDITION;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE
OF 128 FEET, MORE OR LESS, TO THE NORTH LINE OF H. J. TIBBALS,
JR. FIRST ADDITION;
THENCE NORTHERLY ALONG THE SOUTHERLY PROLONGATION OF THE EAST
LINE OF LOT 5, BLOCK 4, OF MONTANA ADDITION PER PLAT THEREOF,
RECORDED IN VOLUME 2 OF PLATS, PAGE 31, AND CONTINUING ALONG
THE EAST LINE OF LOT 5, A DISTANCE OF 130 FEET, MORE OR LESS,
TO THE NORTHEAST CORNER OF SAID LOT 5;
THENCE WESTERLY ALONG THE NORTH LINE OF LOT 5 AND ITS WESTERLY
PROLONGATION THROUGH THE CENTERLINE OF BLOCKS 4, 5 AND 6, A
DISTANCE OF 650 FEET, MORE OR LESS, TO THE WEST LINE OF MONTANA
ADDITION;
THENCE SOUTHERLY ALONG SAID WEST LINE, A DISTANCE OF 130 FEET,
MORE OR LESS, TO THE CENTERLINE OF EXISTING COOK AVENUE;
THENCE NORTHWESTERLY ALONG THE CENTERLINE OF COOK AVENUE, A
DISTANCE OF 2,180 FEET, MORE OR LESS, TO THE EAST LINE OF
FOWLERS PARK ADDITION, AS RECORDED IN BOOK 2 OF PLATS, PAGE 16;
THENCE WESTERLY AND SOUTHWESTERLY ALONG THE CENTERLINE OF
EXISTING COOK AVENUE, A DISTANCE OF 350 FEET, MORE OR LESS, TO
THE POINT THEREON, FROM WHICH THE POINT OF BEGINNING BEARS
NORTH 45°37-08' WEST;
THENCE NORTH 45°37-0S'WEST, A DISTANCE OF 40 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING.
fc: Seavlew.Desc
Disc 117
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~hibit C, Page One
CITY OF PORT TOWNSEND U.L.I.D. NO.1
ASSESSMENT METHOD
Assessments for U.L.I.D. No.1 will be computed on the final
construction, engineering, bonding, and other applicable costs
for the sewer main extension project to serve the area within
the U.L.I.D. boundary as described and shown on the district
map. The district was divided into Zones 1 through 9 along the
sewer main alignent to provide equitable distribution of
assessments. Within each zone a list of property owners and
legal descriptions were prepared from available Assessors
records. Using this list and the recorded plats, the total
area and number of building lots held by each owner was
established. For purposes of the assessment and in accordance
with City regulations, "a building lot" is defined as 5,000
square feet for existing or combination of existing smaller
lots with a one lot minimum. The number of equivalent building
lots in larger areas has been calculated for assessment
purposes as the number of 7,200 square feet (60 feet x 120
feet) fronting on the proposed sewer main and 9,000 square feet
(60 feet x 150 feet) in the remaining areas without frontage.
Finally, each building lot was further identified as having
immediate sewer availability (Type A) following extension of
the sewer system or improved future availability (Type B).
All of the above data is compiled into an overall assessment
roll showing Zone, U.L.I.D. parcel number, ownership, legal
description, area, number and type (A or B) of building lot,
assessment per lot type, total assessment, and annual
assessment.
To compute the assessment per building lot type within each
zone requires several steps to equitably distribute the costs.
The initial step involves breaking down the final project costs
as follows:
Trunk (Zone 1 - 5 Sewer)
Main 6 (Zone 6 Sewer)
Main 8 (Zone 7 Easement Sewer)
Collector 8 (Zone 8 Sewer)
66.0%
12.6%
8.0%
13.4%
The percentages noted are based on, the preliminary engineers'
estimate and will be retained for èost distribution to reduce
additional costly record keeping and bid analysis.
The next step involves computing the surcharge on lots having
direct availability to the sewer (Type A) in addition to the
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E~bit C, Page Two
basic lot (Type B) assessment. This is computed to assure that
the Type A lots pay their direct share of the facility serving
them since they will benefit directly from the construction.
The Type A lot surcharge is computed as follows:
Zone Distribution
Surcharge for Type A Lot
1 - 5
trunk cost
Total lots Zone 1 - 9
6
main 6 cost
Total lots Zone 6 - 9
8
collector 8 cost
Total lots Zone 8
The next step involves distributing the remaining costs in each
zone after deducting the total surcharge assessment within the
zone. Half of the remaining facility costs are distributed
equally to each lot which would utilize the facility. This
first distribution is computed as follows:
Facility Zone Distribution Formula
Trunk 1 - 9 remaining trunk costs
2 x total lots (Zone 1 - 9)
Main 6 6 - 9 remaining main 6 costs
2 x total lots (Zone 6 - 9)
Main 8 8 main 8 costs
2 x total lots (Zone 8)
Collector 8 8 remaining collector 8 costs
2 x total lots (Zone 8)
The second half of the remaining facility costs are distributed
on the basis of the total number of lots in each zone and the
downstream length of sewer utilized for each facility. The
preliminary engineering sewer facility lengths will be utilized
for this distribution as follows:
Zone Total
Facility Zone Length Length
Trunk 1 681 681
Trunk 2 1,466 2,147
Trunk 3 624 2,771
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Exhibit C, Page Three
Zone Total
Facility Zone Length Length
Trunk 4 2,073 4,844
Trunk 5 - 9 131 4,975
Main 6 6 256 256
Main 6 7 - 9 841 1,097
Main 8 8 995 995
Collector 8 8 1,310 1,310
Using the above length data and the total lots for each
facility in each zone, a percentage to be applied to the
remaining facility costs is computed. The percentage is
calculated by taking the product of the number of lots in each
zone for each facility and the total length and dividing that
value by the sum of the similar products in all zone's for that
particular facility. To complete this final assessment value
the above percentages are applied to this remaining facility
costs and divided by the number of lots within each zone to
obtain the assessment per lot.
To comlete the overall assessment for each type of building lot
,by zone, the facility (trunk, mains, and collector) costs
(direct and length distribution) per lot are summed to obtain
the basic assessment (Type B) per lot. The computed surcharge
value is then added to obtain the assessment for direct
availability (Type A) per lot.
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ORDINANCE 2539
SEA VIEW SEWER DISTRICT MAP
NOT SCANNED