ORD 87-08 IMPROVEMENT TO WEST SIDE OF MADISON AVENUECITY OF WINSLOW, WASHINGTON
ORDINANCE NO. 87-08
AN ORDINANCE ordering the improvement of the west
side of the Madison Avenue right-of-way between Wyatt
Way N.E. and Winslow Way, with the exception of
parcels nos. 272502-4-017-2007, 272502-4-018-2006 and
272502-4-024-2008, in the City of Winslow by con-
structing one traffic lane, one bicycle lane and one
sidewalk on the west side of Madison only, improving
the water, sewer and drainage system in the street,
relocating power and telephone lines, street
lighting, and conducting related work necessary to
make a complete improvement in accordance with city
standards pursuant to a property owners' petition
therefor; establishing Local Improvement District
No. 11 and ordering the carrying out of the proposed
improvement; providing that payment for the
improvement be made in part by special assessments
upon the property in the District, payable by the
mode of "payment by bonds"; and providing for the
issuance and sale of local improvement district
warrants redeemable in cash or other short-term
financing and local improvement district bonds.
WHEREAS, a petition for the creation of a local improvement
district to provide for the improvement of the west side of the
Madison Avenue right-of-way between Wyatt Way N.E. and Winslow
Way, with the exception of parcels nos. 272502-4-017-2007,
272502-4-018-2006 and 272502-4-024-2008, in the City of Winslow
by constructing one traffic lane, one bicycle lane and one
sidewalk on the west side of Madison only, improving the water,
sewer and drainage system in the street, relocating power and
telephone lines, street lighting, and conducting related work
necessary to make a complete improvement in accordance with city
standards, a portion of the cost thereof to be borne by the
property included in the local improvement district and
specially benefited by those improvements, was filed with the
City Clerk-Treasurer; and
WHEREAS, the consulting engineer of the City has 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 bound-
aries of the proposed local improvement district and a statement
of what portion of the cost and expense of the improvements
should be borne by the property within the proposed improvement
district; 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 benefited 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, the City Council, by Resolution No. 87-10 adopted
MARCH 16 , 1987, fixed APRIL 6 , 1987, 7:00 p.m., local time,
in the Council Chambers of the City Hall as the time and place
for hearing all matters relating to the proposed improvement and
for determining the method of payment for the improvements; and
WHEREAS, due notice of the above hearing was given in the
manner provided by Resolution No. 87-10, and the hearing was
held by the City Council on the date and at the time above
mentioned, and all persons appearing at such hearing and wishing
to be heard were heard and their statements were considered by
the City Council; and
WHEREAS, the City Council has determined it to be in the
best interests of the City that the improvement as hereinafter
described be carried out and that a local improvement district
be created in connection therewith; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO
ORDAIN, as follows:
Section 1. The consulting engineer of the City has
examined that petition and has certified that he has determined
that petition to be sufficient and that it has been signed by
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the owners of property aggregating a majority of the area
included in the proposed local improvement district.
Section 2. The City Council of the City orders the
improvement of the west side of the Madison Avenue right-of-way
between Wyatt Way N.E. and Winslow Way, with the exception of
parcels nos. 272502-4-017-2007, 272502-4-018-2006 and
272502-4-024-2008, in the City of Winslow by constructing one
traffic lane, one bicycle lane and one sidewalk on the west side
of Madison only, improving the water, sewer and drainage system
in the street, relocating power and telephone lines, street
lighting, and conducting related work necessary to make a
complete improvement in accordance with city standards.
All of the foregoing shall be in accordance with the plans
and specifications therefor prepared by the consulting
engineers, Gardner Engineers, Suite 300, 2124 Fourth Avenue,
Seattle, Washington, and may be modified by the City Council as
long as such modification does not affect the purpose of the
improvement.
Section 3. There is created and established a local
improvement district to be called Local Improvement District
No. 11 of the City of Winslow, Washington (the "District"), the
boundaries or territorial extent of which District being more
particularly described in Attachment A attached hereto and by
this reference incorporated herein.
Section 4. The total estimated cost and expense of the
improvement is declared to be $652,131.00. No more than
$46,131.00 of that cost and expense shall be borne by and
assessed against the property specially benefited by such
improvement included in the District embracing as nearly as
practicable all property specially benefited by such improve-
ment. The balances of such cost shall be paid by the City.
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Section 5. 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.
Section 6. 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
the Local Improvement Fund, District No. 11, 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 Clerk-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 hereafter referred to as
"revenue warrants." In the alternative, the City hereafter may
provide by ordinance for the issuance of other short-term
obligations pursuant to Chapter 39.50 RCW.
The City is authorized to issue local improvement district
bonds for the District which shall bear interest at a rate and
to be payable on or before a date to be hereafter fixed by
ordinance. The bonds shall be issued in exchange for and/or in
redemption of any and all revenue warrants issued hereunder or
other short-term obligations hereafter authorized and not
redeemed in cash within twenty days after the expiration of the
thirty-day period for the cash payment of assessments without
interest 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. The
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exact form, amount, date, interest rate and denominations of
such bonds shall be hereafter fixed by ordinance of the City
Council. Such bonds shall be sold in such manner as the City
Council shall hereafter determine.
Section 7. In all cases where the work necessary to be
done in connection with the making of such improvement is
carried out pursuant to contract upon competitive bids (and the
City shall have and reserves the right to reject any and all
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 8. There is created and established in the office
of the City Clerk-Treasurer for the District the Local Improve-
ment Fund, into which fund shall be deposited the proceeds from
the sale of revenue warrants drawn against the fund or other
short-term obligations 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 con-
tractors in payment for the work to be done by them in connec-
tion 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 9. Within 15 days after the passage of this
ordinance there shall be filed with the City Clerk-Treasurer
this ordinance, 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 Clerk-Treasurer shall immediately
post the proposed assessment roll upon her index of local
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improvement assessments against the properties affected by the
local improvement.
PASSED by the City Council and APPROVED by the Mayor of the
City of Winslow, Washington, at a regular open public meeting
thereof, this 6th day of APRIL , 1987.
CITY OF WINSLOW, WASHINGTON
"· Mayo r
ALICE B. TAWRESEY
ATTEST:
C{~y. jClerk-Treasurer
DONNA JEAN BUXTON
FORM APPROVED:
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ATTACHMENT A
PETITION FGR L.I.D.
CITY OF WINSLOW, WASHINGTON
WEST SIDE OF MADISON AV~
I]gGAL DESCRIPTION OF L.I.D. PEITION AREA
THOSE PROPERTIES ABFITING THE WEST SIDE OF THE MADISON AVENUE
RIGHT-OF-WAY BETWEEN WINSLOW WAY E. AND WYATT WAY N.W. CONTAINED
WITHIN THE FOLLOWING BOUNDARY:
THAT PORTION OF SBCTION 27, TOWNSHIP 25N., RANGE 2 EAST,
W.M. MORE PARTICLri~RLY DESCRIBED AS FOLLOWS:
Beginning at the N.E. corner of the S.E. quarter of section
27 township 25N. range 2 East said point also being the
intersection of ~adison Avenue N. and Wyatt Way N.W.;
Thence SO0 40'E along the centerline of Madison Avenue. N. a
20 feet to a point of intersection with the south
of Wyatt N.W. Way extended:
N89 22'42"W a distance of 150 feet;
distance of
margin line Thence
Thence SO0 40' E
Thence N89 22 '42"W
Thence SO0 40' E
Thence S89 22'42"E
Thence SO0 40 ' E
Thence S89 22 '42"E
Thence NO0 40' E
Thence S89 22'42"E
a distance
a distance
a distance
a distance
a distance
a distance
of 82 feet;
of 117 feet;
of 206.62 feet;
of 23 feet;
of 695.25 feet;
of 66 feet;
a distance of 66 feet;
a distance of 198 feet to a point of
intersection with the centerline of Madison Avenue North;
Thence NO0 40'E 942.5 feet along said centerline to the
beginning;
Situate County of Kitsap State of Washington
Gardner Engineers, Inc.
2124 Fourth Ave. Suite 300
Seattle, WA 98121
February 12, 1987
FILE: WINS.DOG
I, DONNA JEAN BUXTON, City Clerk-Treasurer of the City of
Winslow, Washington, certify that the attached copy of Ordinance
No. J~-~ is a true and correct copy of the original ordinance
passed on the ~'~'day o~.~.~ , 1987, as that ordinance
appears on the Minute Book of the City.
/°
DATED this ~'~' day ~/~' ~" 1987.
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