ORD 86-11 IMPROVEMENT OF STREETS WITHIN CITY0045.09005
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05/06/86
R: 06/06/86
ORDINANCE NO. 86-11
AN ORDINANCE OF THE CITY OF WINSLOW, WASHING-
TON, ORDERING THE IMPROVEMENT OF CERTAIN
STREETS WITHIN THE CITY, ALL IN ACCORDANCE
WITH RESOLUTION OF INTENTION NO. 86-09 OF THE
CITY COUNCIL; ESTABLISHING THE MADISON AVENUE
LOCAL IMPROVEMENT DISTRICT (LID NO. 9) AND
ORDERING THE CARRY OUT OF THE PROPOSED
IMPROVEMENT; PROVIDING THAT PAYMENT FOR THE
IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS
UPON THE PROPERTY AND THE DISTRICT, PAYABLE BY
THE MODE OF PAYMENT BY BONDS; AND PROVIDING
THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT
DISTRICT WARRANTS OR OTHER SHORT-TERM OBLIGA-
TIONS REDEEMABLE IN CASH AND LOCAL IMPROVEMENT
DISTRICT BONDS.
WHEREAS, by Resolution of Intention No. 86-09 adopted
on April 17, 1986, the City Council of the City of Winslow,
Washington, declared its intention to order the improvement of
certain streets within the City and fixed May 15, 1986, at 7:00
p.m., local time in the City Hall as the time and place for
hearing on all matters related to the proposed improvement and
all objections thereto and for determining the method of payment
for the improvement, and
WHEREAS, the City Council continued said hearing to
June 5, 1986 at the same time and place, and
WHEREAS, the consulting engineer for the City of
Winslow caused an estimate to be made of the cost and expense of
the proposed improvement and certified that estimate to the City
Council, together with all papers and information in his
possession touching the proposed improvement, a description of
the boundaries of the proposed local improvement district (the
"District"), a statement of what portion of the costs and expense
of the improvement would be borne by the property within the
proposed District, a statement in detail of the local improvement
assessments outstanding or unpaid against the property in the
proposed District, and a statement of the aggregate actual valua-
tion of the real estate, including 25% of the actual valuation of
the improvements in the proposed District according to the
valuation last placed upon it for the purpose of general
taxation, and
WHEREAS, that estimate is accompanied by a diagram of
the proposed improvement showing thereon the lots, tracts,
parcels of land, and other property which will be specially bene-
fited by the proposed improvement and the estimated cost and
expense thereof to be borne by each lot, tract and parcel of land
or other property, and
WHEREAS, in the notice of hearing on intention to order
the above-mentioned improvement, the City said the method of
assessment would be a per front foot charge for roadway and
sidewalk improvements with the remainder of the improvements
being assessed on a per square foot basis, and
WHEREAS, due notice of the above hearing and the
continued hearing was given in the manner provided by law, and
the hearing was held by the City Council on the dates and at the
times above mentioned, and all objections to the proposed
improvement were duly considered and overruled by the City
Council, and all persons appearing at such hearings and wishing
to be heard were heard, and
WHEREAS, the City Council has determined it to be in
the best interests of the City that the improvement as herein-
after described be carried out and that the District be created
in connection therewith, now, therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Winslow,
Washington, orders the improvement of Madison Avenue from Wyatt
Way to Parfitt Way within the City of Winslow, Washington, by
constructing standard curbs and gutters; paving the street;
installing water lines and fire hydrants; installing sidewalks,
bike lanes, sanitary and storln drainage and streetlights; provid-
ing traffic signalization; landscaping, including trees and
illumination, and all grading and base preparation, and all
related work necessary to make a complete improvement in
accordance with City standards.
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All of the foregoing shall be in accordance with the
plans and specifications therefore prepared by the consulting
engineer of the City of Winslow 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 Local
Improvement District No. 9 to be called the Madison Avenue Local
Improvement District of the City of Winslow, Washington (the
"District"), the boundaries of the territorial extent of which
District being more particularly described in Exhibit A, a copy
of which is attached hereto and incorporated herein by this
reference as if set forth in full.
Section 3. The total estimated cost and expense of the
improvement is hereby declared to not exceed the amount of
$860,000. The cost and expense of the improvement, including all
labor and materials required to make a complete improvement, all
engineering, surveying, inspection, ascertaining ownership of the
lots or parcels of land included in the assessment district, and
all advertising, mailing and publication of notices, accounting,
administration, printing, legal, interest and other expenses
incidental thereto, up to $210,000 shall be borne by and assessed
against the property specifically benefited by such improvement
included in the District embracing as nearly as practicable all
property specially benefited by such improvement. The remainder
of the costs shall be paid from City funds and UAB funds.
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. The method of
assessment which has been selected consists of a per front foot
charge for roadway and sidewalk improvements. The remainder of
the improvements will be assessed on a per square foot basis.
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
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the Local Improvement Fund, District No. 9, hereinafter created
and referred to as the Local Improvement Fund, and, until the
bonds referred to in this section are issued and delivered to the
purchaser thereof, to bear interest from the date thereof at a
rate to be established hereafter by the City Treasurer 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 referred to hereinafter as revenue
warrants. In the alternative, the City hereafter may provide by
ordinance for the issuance of short-term obligations pursuant to
Chapter 216, Laws of 1982.
The City is authorized to issue Local Improvement
District bonds for the District which shall bear interest at a
~ate and to be payable on or before a date to be hereinafter
fixed by ordinance. The bonds shall be issued in exchange for
and/or in redemption of any and all revenue warrants issued here-
under or other short-term obligations hereafter authorized and
not ~edeemed in cash within 20 days after the expiration of the
30-day period for the cash payment of assessments without
interest and 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 of Winslow. The
exact form, amount, date, interest rate and denominations of such
bonds shall be hereafter fixed by ordinance by the City Council.
Such bonds shall be sold in such manner as the City Council shall
hereafter determine.
Section 6. In all cases where the work necessary to be
done in connection with the making of said improvement is carried
out pursua~t to contract upon competitive bids, the call for bids
shall include a statement that payment for such work will be made
in cash warrants drawn upon the local improvement fund.
Section 7. There is hereby created and established in
the office of City Treasurer for the District the Local Improve-
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ment Fund, District No. 9 into which fund shall be deposited the
proceeds from the sale of revenue warrants drawn against the fund
which may be issued and sold by the City and collections pertain-
ing to assessments, and against which fund shall be issued such
warrants to the contractor or contractors in payment for the work
to be done by them in connection with the improvement and against
which fund cash warrants shall be issued in payment for all other
items of expense in connection with the improvement.
Section 8. Within fifteen days of the passage of this
ordinance there shall be filed with the City Treasurer 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 of land. The City
Treasurer shall immediately post the proposed assessment roll
upon her index of local improvement assessments against the
properties affected by the local improvement.
Section 9. This ordinance shall be published in the
official newspaper of the City, and shall take effect and be in
full force five (5) days after the date of publication.
APPROVED:
MAYOR, ALICE B. TAWRESEi~/'~
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: June 9, 1986
PASSED BY THE CITY COUNCIL: June 5, 1986
PUBLISHED: June 11, 1986
EFFECTIVE DATE: June 16, 1986
ORDINANCE NO. 86-11
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EXHIBIT A TO
ORDINANCE NO. 86-11
LEGAL DESCRIPTION
MADISON AVE. NO. 9 LID ASSESSMENT AREA BOUNDARY
Portion of sections 26 and 27, Township 25, Range 2 East, W.M.
more particularly described as follows;
Beginning at the N, Eo corner of the S.E. quarter of section 27
township 25 range 2 East said point also being the intersection of Madison
Avenue N. and N.E. Wyatt Way:
Thence SO0°40'E along the centerline of Madison Ave. N. a distance of
20 feet to a point of intersection with the south margin line of N.E, Wyatt
Way extended;
Thence N89°22'42"W a distance of 150 feet;
Thence SO0°40'E a distance of 82 feet;
Thence N89°22'42"W a distance of 117 feet;
Thence SO0°40'E a distance of 206.62 feet;
Thence S89°22'42"E a distance of 23 feet:
Thence SO0°40'E a distance of 695.25 feet;
Thence S89°22'42"E a distance of 66 feet;
Thence SO0°40'E a distance of 297 feet;
Thence S88°08'42"E along the north margin line of Winslow Way W.
extended a distance of 221 feet to a point of intersection with the
centerline of Madison Ave N.;
Thence SO0°40'E along said centerline a distance of 25 feet to the
S.E. corner of the N.E. quarter of S.E° quarter of said section 27;
Thence S00°34'E along said centerline a distance of 20 feet to a point
of intersection with the south margin of Winslow Way W.;
Thence N88°O8'42"W along said margin line a distance of 132 feet;
Thence S00°34'E a distance of 218.14 feet;
Thence N88°O8'42"W a distance of 145 feet;
Thence S00°34'E a distance of 218.14 feet;
Thence N88°O8'42"W a distance of 20 feet;
Thence S00°34'E a distance of 520.20 feet;
Thence N88°O8'42"W a distance of 10 feet;
Thence S00°34'E a distance of 326.51 feet;
Thence S88°08'42"E along the north margin line of Parfitt Way S.W.
extended a distance of 304 feet to a point of intersection with the
centerline of Madison Ave. S.:
Thence S00°34'E along said centerline a distance of 20 feet to the
intersection of Madison Ave. S. and Parfitt Way S.W.;
Thence NOO°34'W along said Madison Ave. S. centerline a distance of
86.22 feet;
Thence S89°55°05"E a distance of 123.25 feet;
Thence N19°O6'48"E a distance of 63.47 feet;
Thence N89°55'O5"E a distance of 36.84 feet;
Thence NOO°O4'55"E a distance of 409.20 feet to a point of
intersection with the south margin line of Bjune Drive:
Thence northwesterly along the said south margin line a distance of
164 feet more or less to a point of intersection with the east margin line
of Madison Ave S.;
Thence NOO°O4'55"E a distance of 75 feet more or less to a point
10 feet north of the north margin line of Bjune Drive
Thence N89°28'55"E a distance of 33.82 feet;
Thence NOO°50°18"W a distance of 67.26 feet;
Thence N89°28'55"W a distance of 1.5 feet;
Thence NOO°40'OO"W a distance of 92.74 feet said point being a point
of intersection with the south margin line of Winslow Way E.
Thence N89°28'55"E along said south margin line a distance of 54.52
feet to a point of intersection with the centerline of Madison Ave S.
Thence NOO°O4'55"E a distance of 40 feet said point being the
intersection of Madison Ave. S. and Winslow Way E.;
Thence NOO°40'W a distance of 20 feet;
Thence N89°28'55"E a distance of 140 feet;
Thence NOO°40°W a distance of 217.6 feet;
Thence N89°28°55"E a distance of 80 feet;
Thence NOO°40°W a distance of 107.7 feet;
Thence S89°28°55"W a distance of 65 feet;
Thence NOO°40'W a distance of 100 feet;
Thence N89°28'55"E a distance of 65 feet;
Thence NOO°40'W a distance of 50 feet:
Thence
S89°28'55"W a distance of 15 feet:
Thence NOO°40'W a distance of 544.15 feet to a point of intersection
with the south margin line of Madrona Way N.E.
Thence S89°28'55"W a distance of 205 feet to a point of intersection
with the centerline of Madison Ave. N.;
Thence NOO°40'W a distance of 46 feet to a point of intersection with
the north margin line of Madrona Way N. Eo;
Thence N89°28'55nE along said margin line a distance of 175.8 feet;
Thence NOO°40'W a distance of 209.5 feet to a point of intersection
with the south margin line of Wyatt Way N.E.;
Thence N89°28'55"E a distance of 175.8 feet along said margin to a
point of intersection with the centerline of Madison Ave. N.;
Thence NOO°40'W a distance of 20 feet said point being the
intersection of Madison Ave N. and Wyatt Way N.E said point also being the
point of beginning,
Situate County of Kitsap State of Washington
COMPILED BY: Gardner Engineers, Inc.
2124 Fourth Avenue, Suite 300
Seattle, Washington 98121
June 5, 1986