Req.#10860
SUBSTITUTE
O"INANCE NO. 27475
L.I.D. No. 8645
2
3 AN ORDINANCE providing for the construction of permanent pavement,
reconstruction, repair, renewal of sidewalks, ornamental street lighting,
4 and landscaping, including, but not restricted to, the renewing of shade
and ornamental trees and shrubbery thereon, and the construction of
5 surface water, wastewater, and water main utility replacement, together
6 with limited maintenance of the landscaping thereof; creating Local
Improvement District No. 8645, providing for a special fund for the
7 payment of the improvement by special assessment upon the property
within the district benefited thereby, for the issuance of warrants,
8 installment notes, bond anticipation notes, or other short-term obligations
to pay that part of the cost and expense of the improvement assessed
9 against the property in the district, and for the payment of the remainder
of the cost thereof.
10
I I WHEREAS all of the preliminary proceedings for the establishment of
12 Local Improvement District ("L.I.D.") No. 8645 have been taken as provided by
13 law, and
14 WHEREAS the Hearing Examiner of the City, after public hearing duly
15
held, and based on City Council policy on the formation of L.I.D.s, adopted
16
17 pursuant to Resolution No. 32989, recommended to the City Council against
18 the formation of L.I.D. No. 8645 because there was 53.8 percent protest filed
19 by the property owners, and
20 WHEREAS the City Council policy relating to the formation of L.I.D.s,
21 when the protest level is over 50 percent, can be modified, waived, or
22
superseded as the Council finds to be in the best interest of the City, and
23
24 WHEREAS the City Council finds that the benefits of L.I.D. 8645 will
25 have a substantial positive impact on one of the City's core business areas, and
26
OrdIO860s.doc
LEG 004 (11/89)
WHEREAS the City Council finds that it in the best interest of the City to
2 waive the protest requirements on L.I.D. 8645 and approve its formation; Now,
3 Therefore,
4 BE IT ORDAINED BY THE CITY OF TACOMA:
5 Section 1. That there shall be constructed permanent pavement,
6 reconstruction, repair, renewal of sidewalks, ornamental street lighting and
7
landscaping, including, but not restricted to, the renewing of shade and
8
9 ornamental trees and shrubbery thereon, and the construction of surface water,
10 wastewater, and water main utility replacement, together with limited
1 1 maintenance of the landscaping thereof, together with all other work necessary
12 to complete the project in accordance with the maps, plans, and specifications
13 prepared and now on file in the office of the Director of the Department of
14
Public Works, which maps, plans, and specifications are hereby adopted.
15
16 Section 2. That there is hereby created a local improvement district, to
17 be known as L.I.D. No. 8645, which shall embrace as nearly as practicable all
18 the property specially benefited by the improvements described above, which
19 property is described as follows:
20 Platted property:
21
That portion of Lots 12 through 16, Block 607, Map of New
22 Tacoma, Washington Territory as filed February 3, 1875,
records of the Pierce County Auditor, lying southerly of a line
23 parallel with and 120 feet northerly as measured at right
24 angles to the northerly right-of-way line of South 7th Street
abutting said Block; together with all of Blocks 205, 206,
25 405, 406, 505, 606, 705, 706, 707, 708, and 807 in said plat.
26
-2-
Ord10860s.doc
LEG 004 (11/89)
Section 3. That the estimated cost and expense of the improvement is
1
2 $12,005,250; that $2,881,401 of the cost thereof shall be contributed by
3 Tacoma Water; that $2,433,856 of the cost thereof shall be contributed by
4 Surface Water Utility; that $2,362,749 of the cost thereof shall be contributed
5 by Wastewater Utility; that $382,500 of the cost thereof shall be contributed by
6 the Arterial Street Fund; and that the balance of $3,915,000 shall be borne and
7
assessed against the property included in the L.I.D.
8
9 The assessments levied against the property described above shall
10 become due and payable at the option of the property owners in cash, without
I I interest, within 30 days after publication of the notice of assessment, or in
12 30 equal annual installments with interest on deferred payments at a rate to be
13 hereafter fixed, but in no event greater than .05 percent above the rate of
14
interest fixed upon sale of bond for the district; and each year one of such
15
16 installments, together with interest due thereon and on all installments
17 thereafter to become due, shall be collected in the manner provided by law.
18 Section 4. That a special fund is hereby created, to be called Local
19 Improvement Fund, District No. 8645, which shall consist in the aggregate of
20 the several amounts assessed, levied, and collected upon the several lots and
21
parcels of land in the local improvement district for the purpose of defraying the
22
23 cost and expense of the improvement to be borne by the property within the
24 district, and into which fund shall be deposited the proceeds of the sale of
25 warrants, installment notes, bond anticipation notes, or other short-term
26 obligations drawn against the fund which may be sold by the City. Out of the
-3-
Ord10860s.doc
LEG 004 (11/89)
fund shall be paid the warrants, installment notes, bond anticipation notes, or
2 other short-term obligations, interest thereon, and the cost of the improvement
3 to be borne by the property included in the district.
4 Section 5. The Director of the Department of Public Works is hereby
5 ordered to call for bids for said improvements, and to proceed and complete the
6 improvements and to make out and certify to the City Council an assessment
7
roll, all as provided by law.
8
9 In case no bid is accepted, the Director of Public Works is hereby
10 authorized to proceed and complete the improvement by the method of day
I 1 labor or force account and by use of materials, supplies, and equipment, as
12 authorized by the City Charter and ordinances of the City. The Director of
1 3 Public Works shall keep a separate account of the expenditures as made and
14
the exact cost of the improvements separately computed. Upon certification by
1 5
16 the Director of Public Works that any sums are due to any person for labor or
1 7 materials for the improvements, the proper officers shall issue a warrant
18 therefor drawn upon the L.I.D. Fund, District No. 8645. The Director of Public
19 Works shall certify to the City Council the assessment roll on the property as
20 provided by law.
21
Section 6. Under the provisions of the laws of the state of Washington,
22
23 amendments thereto, and this ordinance, there shall be issued warrants,
24 installment notes, bond anticipation notes, or other short-term obligations,
25 issued pursuant to Ordinance No. 23412, as it may be amended, in payment of
26 the cost and expense of the district, payable out of the Local Improvement
-4-
OrcI10860s.doc
LEG 004 (11/89)
District Fund. Such warrants, installment notes, bond anticipation notes, or
2 other short-term obligations shall bear interest from the date of their issuance at
3 a rate to be hereafter fixed by the Director of the Department of Finance in
4 accordance with the Ordinance No. 23412, and shall be redeemed from the
5 Local Improvement District Fund or by other warrants, installment notes, bond
6 anticipation notes, or other short-term obligations, or from the proceeds of local
7
improvement bonds hereafter issued.
8
9 Section 7. Pursuant to the provisions of the laws of the state of
10 Washington, the City Council hereby directs that the improvements be paid for
11 by the City in cash and that the warrants, installment notes, bond anticipation
12 notes, or other short-term obligations authorized to be issued under the
13 provisions of this ordinance be sold by the proper officers of the City in
14
accordance with Ordinance No. 23412, as it may be amended, and that the
15
16 proceeds thereof shall be applied in payment of the cost and expense of the
1 7 improvement.
18 Passed 'APR I 8 2006
19 A
20 Kra @_o r'
Attest:
21
22
City Clerk
23
24 Approved as to form and legality: Property description approved
25
Assistant City Atorney Acting Chief (56rveyor
26 Public Works Department
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Ord10860s.doc
LEG 004 (11/89)
CITY CLERK USE
Request
REQUEST FOR O"INANCE
Ordinance
Uoma ORI
JUMEUTION
Resolution
U0 MA, R 16 P N I.- 3 5
," ' " L@,i@ j
1. DATE: March 15, 2006 @, I @ , @ @_ 1',f
1JEWI-F6
SPONSORED BY: Economic Development Committee-Chair, Council Member Talbert; Committee: Council Member
Evans, Council Member Ladenburg, and Council Member Manthou
2. REQUESTING DEPARTMENT/DIVISION/PROGRAM 3. CONTACT PERSON(for questions): PHONEXXTENSION
Public Works Department/Director's Office Craig S. Sivley, P.E., Asst/ P.W. 591-5526
Director/City Engineer
4. PREPARATION OF an Ordinance is REQUESTED FOR THE CITY COUNCIL MEETING OF TUESDAY, MARCH 21,2006.
5. SUMMARY TITLE/RECOMMENDATION: (Aconcisesentence, as it will appear on the Council agenda.)
Authorize the formation of Local Improvement District 8645 for the placement of permanent pavement; the
reconstruction, repair, and renewal of sidewalks and landscaping; and the construction of of surface water,
wastewater and water main utility replacement together with limited maintenance of landscaping on Broadway from
South 2nd to South 9th Streets; St. Helens Avenue from South 7t' to South 9t' Streets; Market Street from St. Helens
Avenue to South gth Street; South 4th Street from Stadium Way to Broadway; and, South 7 th Street from Broadway to
St. Helens Avenue.
6. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal requirements?
What are the viable alternatives? Who has been involved in the process?)
On June 7, 2005, the City Council passed Resolution 36529 authorizing a public hearing on June 30th be conducted
by the Hearing Examiner to form LID 8645. On August 22, 2005, the Hearing Examiner recommended formation of
LID 8645. A motion for reconsideration was filed with additional protests submitted. The Hearing Examiner on
January 30, 2006 amended his decision and recommended against formation of LID 8645 since the level of protest
exceeded 50%. The Economic Development Committee, at their meeting of February 28, 2006, reviewed the facts
and recommended formation of the LID based on it being in the best interest of the City.
This request received a do pass at the February 28, 2006 Economic Development Committee meeting.
7. FINANCIAL IMPACT:
A. No
B. YES OVER$100,000,FiscalNoteAttached
C. YES, UNDER $ 1 00,000, Provide funding source information below
FUNDING SOURCE: (Enter amount of funding from each source)
Fund Number & Name: State $ City $ Other $ Total Amount
$12,005,250.00
If an expenditure, is it budgeted? Yes D No Where? Cost Center:
Acct #:
8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
Source Documents/Backup Material Location of Document
Hearing Examiner Report dated 8-22-2005 and 1-30-2006 City Clerk
PWD (DPW/L.I.D. Section) Preliminary Report City Clerk
9. ATTORNEY CONTACT: Kyle Crews, 591-5638
( 71' If
eyes L U
Approval CityManager/DifectorUffitiesAppin d
Gensv,cskcifyc1kjReqForOrd 100.doc i0A
TV Office of the City Clerk (05)
CITY CLERK USE
Request
Ord/Res
FISCAL NOTE
Each piece of legislation that has a financial impact or creates positions authority requires a fiscal note. After preparation by
departmental staff, the Office of Management, Budget, and Analysis will review the fiscal note and make any necessary revisions
before transmittal to the Legal department for legislation preparation.
DEPARTMENT: CONTACT PERSON/PHONE: OMBA CONSULTANT/PHONE:
-7 Ralph K. Rod
FWD/Conslruction Divisi@n riguez / 591-5522 Beth Anne Wroe / 591-5067
Is it currently budgeted? Yes No
Is this a grant? Yes No If Yes, n Operating F-1 Capital
EXPENDITURES:
PoNoxwk "Wow @1 eb@t CiNitk @*As@ 2#04006*kkN0ITUR;'EiS;1
Arterial Street Fund 1060 661600 LID-8645R 5,000
ES Surface Water Utility 4301 529700 LID-8645S 50,000
ES Wastewater Utility 4300 524700 LID-8645W 50,000
Tacoma Water 50,000
TOT@Ei 15
REVENUES:
Property Assessments - 1060 661600 LID-8645R-FS-AD-06 4368110
Arterial Street Fund - 1060 661600 LID-8645R-FS-AD-01 4335410 5,000
Tacoma Water ---581200 WTR-00089-05-03 50,0000
ES Wastewater Utility 524700 LID-8645-FS-AD-08 4300020 50,0000
ES Surface Water Utility 529700 LID-8645S-FS-AD-08 6311245 50,000
TOTAL 155,000
Notes:
020W@
1661 2009 4:1466*
Property Assessments - 1060 - 3,915,000 3,915,007
Arterial Street Fund - 1060 200,000 177,500 382,500
Tacoma Water 1,750,000 1,081,401 2,881,401
ES Wastewater Utility 1,800,000 542.493 2,392,493
ES Surface Water Utility 1,900,000 483,856 2,433,856
TOTAL 12,005,250
Op
Censvcs @ citydk@ ReqForOnt-100.doc Office of the City Clerk (81105)
Ordinance No. 2 74 75
APR 1 8 2006 ;3/at 104 e-0w\k%rue6 meR
First Reading of Ordinance:
Final Reading of Ordinance: APR 2006 0-F 0-9%-4k va, -100(4
Passed: APR 1 8 2006
Roll Call Vote:
MEMBERS AYES NAYS ABSTAIN ABSENT
_M'sAnderson
Mr.Evans
Mr. Fev
Ms. Ladenburg
Mr. Lonergan
Mr. Manthou
er
Mr. Talbert
I Mayor Baarsma
MEMBER AYES NAYS ABSTAIN ABSENT
Ms. Ander
Mr. Evans
Mr. F
den@@@
Mr.Loner
Mr. Manthou
Mr. Talbert
Mayor Baarsma
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