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HomeMy WebLinkAbout2004-058 Englewood Terrace Local Improvement District (LID 1059) t. t ORDINANCE NO 2004- 58 AN ORDINANCE providing for the improvement of certain property by constructing an 8 -inch public sewer system; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1. The following described property situated in Yakima County, Washington, shall be improved by constructing an 8 -inch public sewer system. Yakima County parcels 181320- 12431,181320- 12401, 181320 - 12424, 181320 - 12423,181320- 12421, 181320 - 12426,181320- 12493,181320 -12492 Section 2. The nature and territorial extent of said proposed improvements is as follows ROUTE OF 8 -INCH LINE. The project will consist of the construction of approximately 950 lineal feet of 8 -inch sewer pipe and appurtenances beginning at the existing sewer main on the north end of North 69 Avenue extending north to Englewood Terrace. The estimated cost to install sewer in this area will be approximately $142,636.00 Section 3. There is hereby created a Local Improvement District, to be called "Local Improvement District No. 1059 ", which said district shall include all of the above described property Section 4. The assessments shall be made according to special benefits derived from the improvements without regard to the zone and termini method. Section 5. All costs and expenses in connection with the construction of said improvements, including the engineering, inspection, advertising, publication of notices, and all other expenses incident thereto, shall be levied and assessed against all of the property legally and properly assessable therefore as provided by law and as above described. Section 6. The work necessary to be done in connection with the making of said improvements shall be done by contract upon competitive bids according to specifications and plans as prepared by the Engineering Division of the Department of Community and Economic Development, and the City shall have the power to reject any and all bids. Section 7. There is herby created a special fund, to be known as "Local Improvement Fund, District No. 1056 ", into which shall be placed all sums paid on account of the aforesaid special assessments, including all interest and penalties thereon, and in the event of the sale of local improvement bonds by the City, all premium and interest on said bonds issued for said improvement. Section 8. Bonds shall be issued in payment of the costs and expense of said improvements, which bonds shall be redeemed by the collection of special assessments to be levied and assessed upon the property within said district, which assessments, with interest, shall be payable annually under the mode of payment "payment by bonds" as defined by the statutes of the State of Washington and the ordinances of the City of Yakima, provided, this improvement may be financed the issuance of notes, under the authority of R.0 W 39 50 and Section 8 12.100 of the City of Yakima Municipal Code. The term and interest rate of bonds and special assessments contemplated by this section shall conform to provisions, terms and conditions to be specified by a subsequent ordinance of the City of Yakima. It is the intent of the City to reimburse a portion of the costs of these improvements with the proceeds of bonds (Reimbursement Bonds) to be issued by the City The interest on these bonds is excludable from gross income under Section 103 of the Internal Revenue Code of 1986, as amended. The maximum principal amount of Reimbursement Bonds expected to be issued is $142,636 00 This declaration of official intention is made pursuant to Section 1 103 -18 of the Income Tax Regulations promulgated by the U S Department of Treasury Section 9 The actual assessments levied for this improvement may vary from the assessment estimates so long as they do not exceed a figure equal to the increased true fair value the improvement adds to the property Section 10. This ordinance is one relating to local improvements or assessments therefore, and shall become effective immediately upon its passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 5th day of October 2004 of Ail 1.4 MAYOR ATTEST CITY CLERK Publication Date: 10 -8 -2004 Effective Date: 10 -8 -2004 ASSESSMENT ROLL ENGLEWOOD TERRACE SEWER LOCAL IMPROVEMENT DISTRICT PROPERTY OWNER/ PARCEL PARCEL ADDRESS/ PRELIMINARY NUMBER LEGAL DESCRIPTION ASSESSMENT 181320 -12420 Thomas J & Nola J Attaway $18,125 00 6910 Englewood Avenue Legally Described as ENGLEWOOD TERRACE LOT 4 1 81 320 -1 2401 William J Gammie $18,125 00 PO Box 1552 Legally Described as TIETON ORCHARD TRS BEG 310 7 NFT E & S 1° 11' E 18097 FT OF NW COR TR 5, TH S 1° 11' E 117 FT, TH E 33675 FT, THN0 °30'W 117 FT, TH W TO POB EX W 30 FT 181320 -12424 Joel & Barbara Heinzen $18,125 00 6905 Englewood Terrace Rd Legally Described as ENGLEWOOD TERRACE LOT 7 1 81 320 -1 2423 Robert V Shupe $18,125 00 6907 Englewood Terrace Legally Described as ENGLEWOOD TERRACE LOT 6 1 81 320 -1 2421 Joan R. Pinnell $18,125 00 6909 Englewood Terrace Legally Described as ENGLEWOOD TERRACE EX TH PT OF LOT 5 LY S'LY OF BETG AT A PT N 0° 30' W 48 4 FT FROM SW COR SD LOT, TH N 83° 54' E 120 7 FT TO TERMINUS OF ADJ RD 1 81 320 -1 2426 Albert Jaenicke $18,125 00 6908 Englewood Terrace Legally Described as ENGLEWOOD TERRACE PT OF LOT 13, BEG SW COR, TH N 50° 05' E 32.8 FT, TH N 19° 53' E 25 FT, TH N 13° 07' W 172.9 FT TO N LN, TH W'LY TO NW COR, TH S 17° 08' E 1 81 320 -1 2493 F N Et Al Halverson $18,125 00 Englewood Avenue Legally Described as TIETON ORCHARD TRS BEG N1/4 COR, TH E 310 7 FT, TH S 01°11' E 553.24 FT, TH N 70 °10' 50" E 251 73 FT TO TRUE POB, TH S 70° 10' 50" W 251 73 FT, TH S 181320 -12492 William Gammie $18,125 00 Englewood Avenue Legally Described as TIETON ORCHARD TRS BEG 310 7 FT E & 297 97 FT S1 °11'E OF NW COR TR 5, TH S 1° 11' E 255.27 FT, TH N 70° 10' 50" E 251 73 FT, TH N 73° 30' 40" E 100 FT Englewood Terrace L D / ) I i a \ m Q s co a col g z a / \l z 1° ,,,, CD Z ;\ 4J -L_ / MI / Englewood -Ave — Englewood Ave a. / IMI \ CO 1 , ._„. _ o w ( cu CD i cu =,...4 _ � D°uglas Ct m CS \--- , / ----\\, Z A� \ 3 \ �/ 9T W / in a 1 / NR I [ z st z W / m� Ell m \WEST RBI 1 I � / II IN <rr) ; a L "Gln " "' LINCOLN AVE LINCOLN ESTATES DR .\ 1 1 I. ..111 ----j —, , III \ Q\0J AVALANCHE CT , _ /� l yp r APPLE VIEW W N . . . 0 of Y� Sc n =_ City of Yakima, Washington o , P S ° 200 400 August u st 20 2004 ' " ;h�� s g ryon s • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting of October 5 2004 ITEM TITLE. Public Hearing to consider creation of the Englewood Terrace Sewer Local Improvement District SUBMITTED BY William Cook, Dept. of Community and Economic Development CONTACT PERSON /TELEPHONE. K. Wendell Adams, P.E., City Engineer Engineering Division Manager / 575 -6096 SUMMARY EXPLANATION. On September 7, 2004, the City Council adopted a Resolution of Intent to create the Englewood Terrace Sewer Local Improvement District (Resolution No R- 2004 -138) by conducting a public hearing on October 5th, 2004. The proposed Englewood Terrace Sewer Local Improvement District (LID) involves 8 parcels. The City has received petitions requesting formation of this LID from property owners representing 100% of the assessed property value. The project consists of approximately 950 lineal feet of 8 -inch sewer line. This project will connect into the sewer main on North 69th Avenue. The estimated LID assessment for the respective parcels of land is attached. The rates were calculated on a rate per parcel. This method of computation was selected based on equity of fairness. The City is in compliance with State law and City policy in the formation of this LID Before the final assessment roll is formed a meeting is held with all participants in the LID If the final Engineering estimates have come in higher than expected and the citizens feel that the cost would cause a hardship the LID process would end without completing the project. LID assessments may be financed by the City of Yakima on a ten -year plan through the sale of bonds or the issuance of promissory notes. Resolution _ Ordinance _ Contract _ Other (Specify) Local Assessment Roll /Plan -Map Funding Source APPROVED FOR SUBMITTAL. City Manager STAFF RECOMMENDATION Conduct Public Hearing to adopt the Ordinance creating the Englewood Terrace Sewer LID BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2004-58