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HomeMy WebLinkAbout2226 Local Improvement District #2 - North Beach StreetORDINANCE AN ORDINANCE OF THE CITY OF PORT TOWL~SEND, WASHINGTON, ORDERING CERTAIN LOCAL IMPROVE- MENTS AND CREATING A LOCAL IMPROVE~fENT 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 OR OF IN- STALLMENT NOTES OR THE MAKING OF INTERFUND LOANS, AND INTERIM FINANCING WARRANTS OR NOTES. ~q4EREAS, on FcbruarT 1O~ , 1991 , the City Council of the City of Port To~send, Washington (the~City"), adopted Resolution No. ~/-~{ 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 February 19 , 1991 , after notice as provided by law, and after discussion of the Drooosed improvements and due'consideration thereof and of all o~e~tions thereto, the Council has determined to order the local imorove- ments described below and to create a local improvement district; and ~EREAS, 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 im- provements would be borne by the property within the proposed dis- trict, a statement in detail of the local improvement assessments outstanding and unpaid against the property in the proposed dis- trict, and a diagram showing the lots, tracts and parcels to be benefited 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 TO~.~SEND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City shall acquire, construct and install the following water and street improvements within the following de- scribed areas of the City: The Improvements. described more particularly on attached Exhibit A, which is by this reference incorporated herein as if set forth in full. ORDINANCE The foregoing improvements are hereafter referred to as the "Improvements." The above-described water main and street Improvements shall be installed complete with all necessary appur- tenances necessary to the proper operation of the water main and street system. Section 2. The plans and specifications for the Improvemenns, as prepared by the City Engineer and now on file in the Public Works Department, are hereby adopted and approved. The Improvements, when completed, shall be in accordance with said plans, the orovisions of this Ordinance and any other ordinances as may hereafter be adopted in connection herewith; provided, however, that changes in detail of such plans which do not significantly alter the scope or costs of the Improvements will not require further approval. Section 3. There is hereby established a local improvement district of the City to be kno~.~ as "Local Improvement District No. 2" (herein referred to as "LID No. 2"). The boundaries of LID No. 2 shall be described in Exhibit B attached hereto and incorporated hereby by this reference. -It is hereby found that the above-described boun- daries embrace as nearly as practicable all the property specially benefited by the Improvements. Section 4. The total cost and expense of the Improvements and all work necessary in connection therewith and incidental thereto is estimated to be $16,720 , of which 78.9% shall be borne by and assessed against the property within LID No. 2 specially bene- fited by the Improvements. Assessments shall be made against the property within LID No. 2 in accordance with the special benefits accruing to such property as a result of the Improvements on the basis of the method of determining assessments set forth in attached Exhibit C, which is by this reference incorporated herein as if set forth in full. Section 5. Upon completion of the Improvements, an assessment roll shall be prepared and, after notice and hearing in the manner provided'by law, an assessment roll shall be confirmed. Assess- ments not paid within the 30-day prepayment period provided by law shall be payable in installments, and the City shall either issue local improvement district bonds or an installment note or notes or receive funds by an interfund loan from other funds of the City, all or any of which shall be payable from such unpaid installments. The number of years said installments shall run, the dates of pay- ment of the same and the rate of interest that the unpaid install- ments 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. 2 Fund" for the pur- pose of paying the cost of the Improvements provided for in this Ordinance and into which there shall be paid all of the assessments ORDINANCE ~%%6 - 2 - collected in LID No. 2 as and when directed by the Ordinance con- firming the assessment roll. All monies received from the sale of bonds, installment nones, interfund loans, or other notes and war- rants drawn on the LID No. 2 fund shall be deposited into said fund and applied solely in payment of the cost and expense of the Imp r ovemen t s. Section 7. Pending the issuance of local improvement district bonds, or of an installment note or notes, or an interfund loan from other funds of the City, the City may, for the purpose of meeting any and.all cost and expense of construction the Improve- ments for which funds are not otherwise available, as the same are installed prior to the sale of the bonds, or issuance of an in- stallment note or notes or the making of an interfund loan, may issue interim financing warrants against the LID No. 2 Fund, or issue local improvement district fund anticipation notes pursuant to RCW Chapter 39.50, or issue other installment notes or make in- terfund loans from other funds of the City, bearing interest at such rate or rates and with such terms as may hereafter be estab- lished by the Council by ordinance. Such interim warrants or notes, together with the interest due thereon from the date of delivery of the bonds, installment notes or interfund loans shall be redeemed and retired from the proceeds of the sale of local improvement dis- trict bonds or the issuance of installment notes or the making of interfund loans from other funds of the City or prepayments of assessments. Such warrants or notes shall be issued in an aggre- gate principal amount not in excess of the cost and expense of the Improvements. Section 8. This Ordinance shall be effective five days from and aster the date of its final passage and publication as provided by law. Read for the first, second and third times, passed by the City Council for the City of Port Tov~send and signed by the Mayor of the City this 19th day of F~br~ry , 1991. Attest:~ ~ David A. Grove, City Clerk g~ro~d as t~form: Kei~h C.' ~a~p~r, U~t~ Attorney Hayor Brent Shirlev~.~ ORDINANCE - 3 - NORTH BEACH STREET DISTRICT LID NO. 2 LEGAL DESCRIPTION THAT PORTION OF SECTION 34 IN TOWNSHIP 31 NORTH, RANGE 1 WEST, W.M. , JEFFERSON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINES OF 57TH STREET (FORMERLY ?.T.OYD STREET) AND GISE STREET (FORMERLY CURTIS STREET) PER THE PLAT OF THE MONTANA ADDITION, RECORDED IN VOLUME 2 OF PLATS, PAGE 31, RECORDS OF JEFFERSON COUNTY, WASHINGTON; THENCE NORTH 01 02' 24" WEST, A DISTANCE OF 130.00 FEET ALONG SAID CENTER LINE OF GISE STREET TO THE INTERSECTION OF THE WESTER- LY PROLONGATION OF THE NORTHERLY LOT LINE COMMON TO LOTS 1, 3, 5, 7 AND 9, BLOCK 49, SAID PLAT OF THE MONT~2~A ADDITION; THENCE NORTH 88 57' 36" EAST, A DISTANCE OF 269.85 FEET, MORE OR LESS, ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF THE DONOVAN SHORT PLAT, AS SHOWN ON SAID SHORT PLAT RECORDED IN VOLUME 1 OF SHORT PLATS, PAGE 92, RECORDS OF JEFFERSON COUNTY, WASHINGTON, SAID WESTERLY LINE ALSO BEING THE WESTERLY LINE OF THE RUEL ROSS DONATION LAND CLAIM; THENCE NORTH 01 22' 00" WEST ALONG SAID WESTERLY LINE, A DIS- TANCE OF 10.00 FEET TO THE NORTHWEST CORNER OF LOT 3 OF SAID SHORT PLAT; THENCE EAST, A DISTANCE OF 100.03 FEET TO THE NORTHEAST CORNER OF SAID LOT 3; THENCE NORTH 01 22' 00" WEST ALONG THE EASTERLY LINE OF SAID DONOVAN SHORT PLAT, A DISTANCE OF 347.94 FEET TO THE GOVERNMENT MEANDER LINE ON THE BEACH; THENCE NORTHEASTERLy ALONG SAID MEANDER LINE OF THE BEACH TO AN INTERSECTION WITH THE EASTERLY LINE OF TAX PARCEL NO. 2; THENCE SOUTh~y ALONG THE EASTE~/LY LINE OF SAID TAX PARCEL NO. 2 TO THE SOUTHEAST CORNER THEREOF; THENCE WEST ALONG THE SOUTH LINE OF SAID TAX PARCEL NO. 2, A DISTANCE OF 87.39 FEET TO THE INTERSECTION WITH THE CENTER LINE OF JACKMAN STREET (FORMERLY LOS ANGELES AVENUE), PER THE PLAT OF CALIFORNIA ADDITION, RECORDED IN VOLUME 2 OF PLATS, PAGE 99, RECORDS OF JEFFERSON COUNTY, WASHINGTON; THENCE SOUTH, A DISTANCE OF 318.50 F,EET, MORE OF LESS, ALONG LAST SAID CENTER LINE TO THE INTERSECTION OF THE EASTEI~LY PROLONGATION OF THE SOUTHERLY LOT LINE COMMON TO LOTS 1 THROUGH 6, OF BLOCK 36 OF SAID CALIFORNIA ADDITION; THENCE WEST ALONG LAST SAID SOUTHERLY LINE, A DISTANCE OF 346.40 FEET, MORE OF LESS, TO THE EASTERLY LINE OF SAID MONTANA ADDITION AND THE SOUTHEASTERLY CORNER OF LOT 2, BLOCK 48 OF SAID MONTANA ADDITION; THENCE WEST, A DISTANCE OF 250.46 FEET, MORE OR LESS, ALONG THE SOUTHERLY LOT LINE COMMON TO LOTS 2, 4, 6 AND 8 OF LAST SAID BLOCK AND ITS WESTERLY PROLONGATION TO THE INTERSECTION OF THE CENTER LINE OF SAID GISE STREET; THENCE NORTH, A DISTANCE OF 130.00 FEET, ALONG LAST SAID CENTER LINE TO THE POINT OF BEGINNING. Exhibit "A" ~- ~.~.~. · ,.~ ....... · ~."-'-"~-':'" '~,. ' 'i .-I .'- ." ~_~- a.. .-,,~'~ ' " G I "F __ z ~.... ~.. · ~1 · ·'~.. ., . ~-~ ~~: .' ..-,~ g · .... ~' . ._:_.. ~ .'. ,.. , "'~ ~-~,. · '. 6 ~' ' :'..'~ ~ '~.--'tf---~ --I~o-.L ': J~.~-' -." ' ' '.'. z ~-" :' · ~---[' II ~ ~,~ "-- I- ' · · · ' · . · "' · ' '. O ~F" ' 2--" I i-59 TH--;.,,.'~, ST. J." :....-- . ' : · ~'.~:.-~ I,~,,~,~,~1 It r" ' . ......" .' :--' I ~ I~o, ~ I P . I.. .'. .:. _ ...........;i · It ~ I.~, ,. I Ll / I ~ I I' ' ~! ~ o~]4tott o l I~ I /.~... II Lot ~ ~ JJ , 58 TH l,~q ~: I~ ~ i STREET OU ~ ~' ~_ I 57 TH 47 56TH 48 LL! 57 STREET 58 STREET NORTH BEACH STREET L.I.D. No. 2 Exhibit B, page 2. DISTRICq NORTH BEACH STREET DISTRICT L.I.D. No. 2 Proposed Improvements The proposed improvements to be constructed by the North Beach Street District include construction of underground water mains, grading of existing gravel roadway and placement of 20-feet-wide asphalt concrete pavement in 57th Street between Gise Street and Jackman Street, approximately 600 feet. Exhibit A