HomeMy WebLinkAbout1993-117 Community Redevelopment • ORDINANCE NO. 93 = 117
AN ORDINANCE of the City of Yakima, Washington, establishing an
apportionment district in the City's downtown business core for
community redevelopment financing, describing the boundaries of
such district, authorizing the acquisition, construction and
installation of certain public improvements within such district,
estimating the costs of such improvements and stating the portion
of such costs to be financed from tax allocation revenues,
estimating the time during which regular property tax revenues are
to be apportioned, establishing the date upon which
apportionment of the regular property taxes will commence, and
finding that the public improvements meet the conditions of RCW
39 88 030
WHEREAS, the economic health of the core business district is vital to the
economy of the entire City of Yakima and Yakima County, and
WHEREAS, pursuant to the Community Redevelopment Financing Act, Chapter
39 88 RCW (the "Act "), the City of Yakima, Washington (the "City ") is authorized to
allocate a portion of regular property taxes from an apportionment district for a limited
period of time to finance all or a part of the cost of making public improvements in
• urban areas to encourage private development in such district, and
WHEREAS, the acquisition, construction and installation of certain public
improvements within the core business district of the City are suitable for community
redevelopment financing and will encourage private development in the core business
district for the benefit of the entire City and its residents, and '
WHEREAS, by Ordinance No 93 -101, the City proposed a plan for public
improvements in the core business district, and proposed forming an apportionment
district under the authority of the Act to finance all or a part of the cost of those public
improvements using community redevelopment financing, and
WHEREAS, notices of the proposed improvements and apportionment district
and the hearings thereon were delivered, posted, and published in accordance with
the Act, and
WHEREAS, the City Council (the "Council ") held three public hearings on
November 30, December 7 at 2 p m , and December 7 at 7 p m , to receive and
consider all statements and materials as may be submitted, and
WHEREAS, the Council has also considered all objections and letters filed
through December 17, 1993, and
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WHEREAS, based upon the information received in such hearings, the Council •
deems it in the best interest of the City to form an apportionment district in the core
business district to finance certain public improvements within such district, as set forth
in this ordinance, NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF YAKIMA AS FOLLOWS:
Section 1. Establishment and boundaries of Apportionment District. Effective
January 1, 1994, there is hereby established a apportionment district under the
authority of the Act to be known as the "Downtown Business Core Apportionment
District" (the "District ") The boundaries of the District are set forth on the map attached
as Exhibit A hereto and incorporated herein by this reference and legally described on
Exhibit B attached hereto and incorporated herein by this reference
Section 2. Authorization of Improvements and apportionment of Tax Revenues.
A. The Projects. Estimated Costs. The following public improvements
to be financed under the authority of the Act are hereby approved, authorized, and
adopted (collectively, the "Projects ") in the order of priority set forth below The
estimated cost of each Project is set forth below Unless otherwise stated, all of the
costs of the Projects described below are expected to be paid from tax allocation
revenues, apportioned as set forth in Section 2 C hereof
1. Expansion of Yakima Convention Center: $12.6 million •
Tax allocation revenues will be used to finance approximately $12,000,000 of the cost
of expanding and upgrading the Yakima Convention Center, including the addition of
approximately 25,000 square feet of contiguous meeting space, smaller meeting
rooms (totaling approximately 9, 000 square feet), approximately 9,000 square feet of
exhibition space, more support space, and improvements to the entrance
Construction of these improvements is expected to begin in 1996
2. Downtown Yakima Streetscape Improvements: $500,000
Streetscape improvements including sidewalks, lighting and area signage will be
constructed and installed on Front Street, both East and West, bounded on the north
by "B" Street and on the south by E Yakima Avenue
3. Parking Structure: $3 million
A two -level public parking structure providing approximately 180 parking spaces will
be constructed on real property owned by the City on the block bounded by South 3rd
Street., East Chestnut, South 2nd Street, and East Yakima Avenue. Construction of
the parking structure is expected to begin in the ninth year of tax revenue
apportionment.
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• 4. Downtown Yakima Streetlighting' Improvements: $1.4 million
Streetlighting improvements will be installed along streets within the area bounded on
the north by E "B" Street, on the east by Naches Avenue, on the south by E Walnut
Avenue, and on the west by Front Street, with a westerly extension along Yakima
Avenue to Fifth Avenue
All costs estimates are in 1993 dollars.
The cost estimates set forth above include planning, design, engineering, site
preparation, construction, insurance, financing (including reserves), legal fees, tax
allocation, administrative, and potential assessors reassessment costs, but exclusive
of interest on any bonds. Potential assessor's reassessment costs includes the costs
incurred by the Yakima County Assessor to revalue real property for the purpose of
determining the tax allocation base value that are in excess of costs incurred by the
assessor in accordance with the revaluation plan under Chapter 84 41 RCW, and the
costs of apportioning the taxes and complying with Chapter 39 88 RCW and other
applicable law
The City shall determine the application of available moneys among the
Projects so as to accomplish, as nearly as may be, all public improvements described
above The City shall determine the exact extent and specifications for construction of
structures or other improvements. If the Council, by ordinance, shall determine that it
has become impractical to accomplish one or more of the Projects or portion thereof by
• reason of changed conditions or needs, or costs substantially in excess of the amount
of tax allocation revenues estimated to be applied thereto, the City shall not be
required to accomplish such improvements In the event that tax allocation revenues
and the proceeds of sale of bonds payable, in part, from such tax allocation revenues,
plus any other moneys of the City legally available, are insufficient to accomplish all of
the Projects, the City shall use the available funds for paying the cost of those Projects
deemed by the Council most necessary and in the best interests of the City and its
residents In the event that tax allocation revenues exceed the estimated amounts,
such excesses will be used to defease or redeem outstanding bonds, if any, issued to
finance the Projects.
B. Estimated Time for Apportionment. Apportionment of tax
allocation revenues will commence on January 1, 1995. Tax allocation revenues shall
be apportioned hereunder at least as long as any bonds authorized to be issued
hereunder are outstanding After any such bonds are no longer outstanding,
apportionment of tax allocation revenues hereunder shall end as determined by
ordinance of the City in accordance wit the Act. It is estimated that tax allocation
revenues will be apportioned hereunder for a period of twenty -five (25) years
C Apportionment of Tax Allocation Revenues, The City, as sponsor
of the District, shall apportion tax allocation revenues from the District as follows
100% of the regular State of Washington property tax levy from property within the
District in excess of such taxes levied immediately prior to the formation of the District
(the "State Tax Allocation Revenues "), 100% of the regular Yakima County property
tax levy from property within the District in excess of such taxes levied immediately
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prior to formation from property within the District in excess of such taxes levied
immediately prior to the formation of the District (the "County Tax Allocation
Revenues "), and 90% of the regular City property tax levy from property within the
District in excess of such taxes levied immediately prior to formation of the District (the
"City Tax Allocation Revenues ") (collectively, the "Tax Allocation Revenues ") shall be
allocated to the City to pay for the costs as described above All Tax Allocation
Revenues shall be deposited into the CRF Fund created herein The City shall devote
the proceeds of its regular property tax levy from property within the District in excess
of such taxes levied immediately prior to the formation of the District and not
apportioned as provided herein to low- and middle- income housing efforts of the City
Section 3. Bonds.
A. Tax Allocation Bonds. Tax allocation bonds of the City in the
aggregate principal amount of not to exceed $16,900,000 are hereby authorized to be
issued, sold and delivered Said bonds are designated "City of Yakima Tax Allocation
Bonds (Downtown Business Core Apportionment District)" (the "Tax Allocation
Bonds ") The Tax Allocation bonds shall be payable from and secured by the State
Tax Allocation Revenues and the County Tax Allocation Revenues and by project
revenues, which may include nontax income, revenues, fees and rents from the
Projects and contributions, grants, and nontax money available to the City for the
payment of costs of the Projects or debt service on the Tax Allocation Bonds. The Tax
Allocation Bonds shall be issued in such form and with such terms, conditions,
covenants, dates, interest rates, maturities and other details as shall hereafter be •
determined by subsequent ordinance of the City
B Limited Tax General Obligation Bonds. Limited tax general
obligation bonds of the City in the aggregate principal amount of not to exceed
$16,900,000 are hereby authorized to be issued, sold and delivered. Said bonds
shall be designated "City of Yakima Limited Tax General Obligation Bonds (Downtown
Business Core Apportionment District)" (the "Limited Tax General Obligation Bonds ")
The Limited Tax General Obligation Bonds shall be payable from and secured by the
full faith and credit of the City, and may also be payable, as may hereafter be
determined by subsequent ordinance of the City, from all or a portion of the Tax
Allocation Revenues, project revenues, which may include nontax income, revenues,
fees and rents from the Projects and contributions, grants, and nontax money available
to the City for the payment of costs of the Projects or debt service on the Limited Tax
General Obligation bonds, and from any other money legally available therefor, within
the constitutional and statutory tax limitations applicable to non -voted general
obligations. The Limited Tax General Obligation Bonds shall be issued in such form
and with such terms, conditions, covenants, dates, interest rates, maturities and other
details as shall hereafter be determined by subsequent ordinance of the City
C 1„i m it ati o rLon..Ag=gatal,,LincipaLAmm,in t of Bonds. The Council
in its discretion shall determine whether the Tax Allocation Bonds, or the Limited Tax
General Obligations Bonds, or a combination thereof, shall be issued as provided
herein In no event shall the combined principal amount of the Tax allocation bonds
and the Limited Tax General Obligation Bonds exceed $16,900,000 When such •
bonds are issued, as provide herein, the ordinance authorizing their issuance may
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• provide for the defeasance of such bonds' prior to their stated maturities from tax
allocation revenues in excess of estimates, to the extent legally available therefor
D Reimbursement. Pending the sale of the bonds authorized herein,
the City may pay any or all necessary costs of the Projects from other City funds
temporarily available, and reimburse the source or sources of those funds from
proceeds of either or both types of those bonds when sold. The City may also use the
Tax Allocation Revenues to pay or reimburse itself directly for costs of the Projects it
incurs if those expenses have not been paid or reimbursed from bond proceeds. It is
the intention of the City that the costs of the Projects as specified in Section 2 hereof
(including the cost of interest on any bonds) is to be paid from or reimbursed from Tax
Allocation Revenues, as provided herein
Section 4. Findings. Based upon testimony and documents submitted to the
Council, the Council makes the following findings and determinations about the
Projects, in accordance with RCW 39 88 030
(1) The Projects are located within the borders of the City of Yakima
and are located in an urban area,
(2) The Projects will encourage private development within the
District,
(3) The Projects will increase the fair market value of the real property
located within the District,
(4) The private development that is anticipated to, occur within the
District as a result of the Projects is consistent with the existing
comprehensive land use plan and approved growth policies of the
City, specifically the Urban Area Comprehensive Plan,
(5) The Projects are approved by the City pursuant to this ordinance,
and
(6) The Projects meet the conditions of RCW 39 88.030
Section 5. Creation of Apportionment District Fund. There is hereby created a
special fund of the City to be known as the "Downtown Business Core Community
Redevelopment Financing Fund” (the "CRF Fund "), to be used for the purpose of
paying the costs of the Projects, including costs of paying bonds authorized to be
issued by this ordinance, to the extent pledged in the ordinance authorizing the
issuance thereof __The Allocation Revenues shall be deposited into the'CRF Fund
Section 6. Referendum. This ordinance and the ordinance authorizing the sale
of the Limited Tax General Obligation bonds shall be subject to the referendum
provisions of the Charter of the City
Section 7. Notices. Within 15 days of the enactment of this ordinance, the City
Clerk shall publish notice in a legal newspaper circulated within the District,
summarizing the final public improvements authorized herein, including a brief
description of the Projects, the boundaries of the District, the location of this ordinance,
and stating that other information concerning the Projects may be inspected at the
• office of the City Clerk.
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Within 15 days of enactment of this ordinance, the City Clerk shall deliver a
certified copy of this ordinance to the Director of Revenue of the State of Washington,
Yakima County, the Yakima County Treasurer and the Yakima County Assessor, in
accordance with RCW 39 88 050
Section 8. aeverability. If any one or more of the provisions of this ordinance
shall be declared by any court or competent jurisdiction to be contrary to law, then
such provisions shall be null and void and shall be deemed separable from the
remaining provisions of this ordinance and shall in no way affect the validity of the
other provisions of this ordinance
Section 9. Effective Date. This ordinance shall be in full force and effect 30
days from and after its adoption, approval, and publication as required by law
PASSED by the City Council of the City of Yakima, Washington, at a regular
meeting thereof on this 21st day of December, 1993
CITY OF YAKIMA, WASHINGTON
Mayor
ATTEST p
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City Cle
Publication Date 12/24/93
Effective Date 1/23/94
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Exhibit B
LEGAL DESCRIPTION FOR PROPOSED
COMMUNITY REDEVELOPMENT FINANCING
APPORTIONMENT DISTRICT 411°
Beginning at the point of intersection of the centerline of West "I" Street and the
centerline of North First Avenue, thence southwesterly along the centerline of
North First Avenue to it's intersection with the centerline of West Lincoln
Avenue, thence Northeasterly along the centerline of West Lincoln Avenue
(turning into "C" Street) to the point of intersection with the centerline of an
alleyway extended between Block 187, Grafton's Addition to North Yakima (now
Yakima) as recorded in Volume A of Plats, page 95, records of Yakima County,
Washington, thence Northwesterly along said centerline to the point of
intersection of with the centerline of "D" Street, thence Northeasterly along the
centerline of "D" Street to a point of intersection with the East line extended of
Block 186, College Addition to North Yakima, W T , (now Yakima) as recorded
in Volume A of Plats, page 43 records of Yakima County, Washington, thence
Northwesterly along said line to the North line of the South half of the Southeast
quarter of Section 18, Township 13 North, Range 19, E.W M., thence South 87°
55' 19" East along the said North line of last said subdivision 75.55 feet to a
point which is 1,821 00 feet North 87° 55' 19" West of the Northeast corner of
said subdivision, thence North 17° 54' 19" West 65 feet, thence South 87° 55'
19" East 460 feet, thence North 80° 57' 41" East 500 feet, thence South 72° 28"
19" East 253 40 feet, thence South 58° 18' 49" East to the Westerly right -of -way
line of State Highway No 3 (S R. 82), thence Southerly following the West right -
of -way line of State Highway No 3 to the North line of Section 20, Township 13
North, Range 19 E W M , thence East along the North line of Section 20 to the
West bank of the Yakima River; thence following the West bank of the Yakima
River Southeasterly to the centerline of Section 20, Township 13 North, Range
20 E W M , thence South along said centerline to the North right -of -way line of
Riverside Street, thence West along the North right -of -way line of Riverside
Street and right -of -way line extended to the West right -of -way line of State
Highway No 3 (SR -82), thence Southeasterly along the West right -of -way line to
a parcel of land described as follows
That portion of Sections 20 and 29, Township 13 North, Range 19, E W M.
beginning at the northwest corner of the Northeast quarter of said Section 29,
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thence South 0° 00' West along the West line thereof 93.50 feet , thence North
68° 27' East 87 50 feet to the true point of beginning, thence North 68° 27' East
113 68 feet, thence North 56° 35' East 187 11 feet, thence South 37° 28' East
238 14 feet to the West line of State Highway (SR -82), thence South along the
West line of State Highway (SR -82) to a point which is North 88° 55' 10" West
309 02 feet from the true point of beginning, thence North 88° 55' 10" West
309 02 feet to the true point of beginning
Following along the Easterly and Southerly boundaries of the aforesaid_ parcel
to a point on the East line of the Northwest quarter of Section 29, Township 13
North, Range 19 E.W M., said point being the Southeast corner of Lot 1 of Short
Plat No 84 -88, thence continuing Westerly along the South and West
boundaries of said Lot 1 to the point of intersection with the centerline of Pacific
Avenue, thence West along the centerline of Pacific Street to a point south of
the centerline of the alleyway to Block 199, Parker Addition to North Yakima,
(now Yakima) as recorded in Volume B of Plats, Page 50, records of Yakima
County, Washington, thence North to said centerline and continuing North
410 along said centerline and centerline extended to the point of intersection with
the centerline of Race Street, thence East along the centerline of Race Street to
a point where the centerline of the alley of Block 197, Whitson's Addition,
recorded in Volume D of Plats, Page 24, records of Yakima County,
Washington, extended Southeasterly intersects, thence Northwest following
said centerline and centerline extended to the point of intersection with the
centerline of Beech Street, thence Northeasterly following the centerline of
Beech Street to the point of intersection with the centerline of Tenth Street,
thence Northwesterly following the centerline of Tenth Street to the point of
intersection with the centerline of East Spruce Street, thence East along the
centerline of East Spruce Street to it's point of intersection with the centerline of
Union Street, thence South along the centerline of Union Street to it's point of
intersection with the centerline of Spruce Street; thence Southwesterly along
the centerline of Spruce Street to a point of intersection with the extended
centerline of the alleyway in Block 74, Town of North Yakima, (now Yakima), as
recorded in Volume E of Plats, page 1, records of Yakima County Washington,
thence Southeasterly along said centerline and centerline extended to a point
of intersection with the centerline of Race Street, thence Southeasterly to a
point of intersection with the centerline of the alley of Block 78, thence South
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along said centerline and centerline extended to the point of intersection with
the South line of Section 19, Township 13 North, Range 18 E W M , thence
West along said section line to the East section line of Section 24, Township 13
North, Range 18 E W M., thence North along said section line to the point of
intersection with the centerline of the alley in Block 234, Town of North Yakima,
(now Yakima), as recorded in Volume A of Plats, page 10, records of Yakima
County, Washington, thence Northwesterly along said centerline and centerline
extended to the point of intersection with the centerline of Spruce Street, thence
Southwesterly along the centerline of Spruce Street to the point of intersection
with the extended centerline of the alley between fractional Block 293, Kerr's
Addition to North Yakima, (now Yakima), recorded in Volume A of Plats, page
17, records of Yakima County, Washington and fractional Block 293, Capital
Addition to North Yakima, (now Yakima), as recorded in Volume A of Plats,
page 29, records of Yakima County, Washington, thence Northwesterly along
said centerline and centerline extended to the point of intersection with the
centerline of Walnut Street, thence Southwesterly following the centerline of
Walnut Street to the point of intersection with the centerline of South 7th
Avenue, thence Northwesterly following the centerline of South 7th Avenue to
the point of intersection with the centerline extended of an alley running
East/West through Block 331, Capital Addition to North Yakima, (now Yakima),
as recorded in Volume A of Plats, page 29, records of Yakima County,
Washington, thence Southwesterly following said centerline and centerline
extended to the point of intersection with the centerline of South 8th Avenue,
thence Northwesterly along the centerline of South 8th Avenue to the point of
intersection with a line extended Northeasterly from the boundary line between
Lots 2 and 3 of Block 351 of Capital Addition to North Yakima, (now Yakima), as
recorded in Volume A of Plats, page 29, thence Southwesterly along said line to
the point of intersection with the centerline of the alley in said Block 351, Capital
Addition to North Yakima, (now Yakima), thence Southeasterly along said
centerline to a point of intersection with a line extended Northeasterly from the
boundary between Lots 13 and 14 of said Block 351, thence Southwesterly
along said line extended to the point of intersection with the centerline of South
9th Avenue, thence Southeasterly along the centerline of South 9th Avenue to
the point of intersection with a line extended Northeasterly from the boundary
line between Lots 5 and 6 of Block 371 of Capital Addition to North Yakima,
(now Yakima), as recorded in Volume A of Plats, page 29, thence
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Southwesterly along said line to the point of intersection with the centerline of
the alley in said Block 371, thence Northwesterly along said centerline to the
point of intersection with a line extended Northeasterly through the East/West
centerline of Lot 12, Block 371, Capital Addition to North Yakima, (now Yakima),
as recorded in Volume A of Plats, page 29, thence Southwesterly along said
line extended to the point of intersection with the centerline of South 10th
Avenue, thence Northwesterly along the centerline of South 10th Avenue to the
point of intersection with the centerline of Summitview Avenue, thence West
along the centerline of Summitview Avenue to the point of intersection with the
centerline extended of Custer Avenue, thence North along the centerline of
Custer Avenue to a point of intersection with the extended boundary line
between Lots 10 and 11 of Black's Addition to North Yakima, (now Yakima), as
recorded in Volume A of Plats, page 90, records of Yakima County, Washington,
thence East along said line to the Northeast corner of Lot 10, thence South
following the East line of Lot 10 to the point of intersection with the centerline of
the East /West alleyway running through MacCrimmon and Needham's
Subdivision as recorded in Volume A of Plats, page 40, records of Yakima
County, Washington, thence East to the point of intersection with the centerline
of Pierce Street, thence North following the centerline of Pierce Street to the
point of intersection with the centerline of Browne Avenue, thence East
following the centerline of Browne Avenue to the point of intersection with the
centerline of West "A" Street, thence Northeasterly following the centerline of
West "A" Street to the to the point of intersection with the centerline extended of
an alley through Block 309, Kerr's Second Addition to North Yakima, W T , (now
Yakima), as recorded in Volume A of Plats, page 17, records of Yakima County,
Washington, thence Northwesterly following said centerline extended to the
point of intersection with the centerline of West Lincoln Avenue, thence
Northeasterly following said centerline to the point of intersection with the
centerline of North 3rd Avenue, thence Northwesterly along said centerline to
the point of intersection with the centerline of West "D" Street, thence
Northeasterly along said centerline to the point of intersection with a line
extended South of the East boundary line of Block "A" Charlton Addition as
recorded in Volume B of Plats, page 102, records of Yakima County,
Washington, thence North along said line to the Northeast corner of the
aforesaid Block "A ", thence West along the North boundary of Charlton Addition
264 feet, thence North to the point of intersection with the centerline of Cherry
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Avenue, thence East following the centerline of Cherry Avenue to the point of
intersection with the centerline of North 3rd Avenue, thence North along the
centerline of North 3rd Avenue to the North right-of-way line of Willow Street,
thence West along said right -of -way line to the point of intersection with the
centerline of North 4th Avenue, thence North along the centerline of North 4th
Avenue to the point of intersection with the centerline of West "I" Street, thence
East along the centerline of West "I" Street to the point of beginning and
terminus of description
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