HomeMy WebLinkAbout3114CITY OF KENT, WASHINGTON
ORDINANCE NO. 311
AN ORDINANCE ordering sidewalk improvements on West
Smith Street from N. Washington Avenue to 64th Avenue
South all in accordance with Resolution No. 1351 of the
City Council; establishing Local Improvement District
No. 342 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, by Resolution No. 1351 adopted April 6, 1993, the
City Council declared its intention to order sidewalk improvements
on West Smith Street from N. Washington Avenue to 64th Avenue
South, and fixed May 4, 1993, at 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 all comments
thereon and objections thereto and for determining the method of
payment for the improvement; and
WHEREAS, the City's Director of Public Works 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 and a statement of what portion
of the cost and expense of the improvement should be borne by the
property within the proposed district; and
WHEREAS, that estimate is accompanied by a diagram of the
proposed improvement showing thereon the lots, tracts, parcels of
0083256.01
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, due notice of the above hearing was given in the
manner provided by law, 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 no objections were made; 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 KENT, WASHINGTON, DOES ORDAIN
as follows:
Section 1. The City Council of the City of Kent, Washington
(the "City"), orders the installment of sidewalk improvements on
West Smith Street from N. Washington Avenue to 64th Avenue South as
described in Exhibit A, attached hereto and by this reference
incorporated herein.
All of the foregoing shall be in accordance with the plans and
specifications therefor prepared by Director of Public Works of the
City, 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 a local
improvement district to be called Local Improvement District
No. 342 of the City of Kent, Washington (the "District"), the
0083256.01
-2-
boundaries or territorial extent of the District being more
particularly described in Exhibit B attached hereto and by this
reference incorporated herein.
Section 3. The total estimated cost and expense of the
improvement is declared to be $96,926.50. Approximately $30,000.00
of the cost and expense shall be paid by the City and the balance
of such cost and expense shall be borne by and assessed against the
property specially benefited by such improvement included in the
District which embraces as nearly as practicable all property
specially benefited by such improvement.
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.
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 the Local
Improvement Fund, District No. 342, 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 Finance Director, 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
0083256.01
-3-
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 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, including the interfund loans
authorized by Section 6, and not redeemed in cash within twenty
days after the expiration of the thirty -day period for the cash
payment without interest of assessments 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 exact form, amount, date, interest rate and
denominations of such bonds hereafter shall be fixed by ordinance
of the City Council. Such bonds shall be sold in such manner as
the City Council hereafter shall determine.
Section 6. For the purpose of paying all or a part of the
costs of carrying out the improvements within the District pending
the receipt of the proceeds of the issuance and sale of the bonds
or short-term obligations referred to in Section 5, interfund loans
from the General Fund, Water Fund and/or Sewer Fund to the Local
Improvement Fund in the maximum aggregate amount of $96,926 are
authorized and approved, those loans to be repaid on or before the
0083256.01
-4-
issuance of such bonds or obligations from the proceeds thereof.
Each of the interfund loans shall bear interest at a variable rate,
adjusted the fifteenth and last day of each month, equal to the
interest rate .of the State of Washington Local Government
Investment Pool on the fifteenth and last day of each month. The
initial interest rate on the date of each interfund loan shall be
determined as of the last preceding interest payment adjustment
date.
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. The Local Improvement Fund for the District is
created and established in the office of the City Finance Director.
The proceeds from the sale of revenue warrants or other short-term
obligations drawn against the fund which may be issued and sold by
the City and the collections of special assessments, interest and
penalties thereon shall be deposited in the Local Improvement Fund.
Cash warrants to the contractor or contractors in payment for the
work to be done by them in connection with the improvement and cash
warrants in payment for all other items of expense in connection
with the improvement shall be issued against the Local Improvement
Fund.
Section 9. Within fifteen (15) days of the passage of this
ordinance there shall be filed with the City Finance Director the
0083256.01
-5-
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 Finance Director
immediately shall post the proposed assessment roll upon her index
of local improvement assessments against the properties affected by
the local improvement.
Section 10. This ordinance shall take effect and be in force
five (5) days from and after its passage and five (5) days
following its publication as r
By
ATTEST:
Q
BRENDA JACOBE , C ty Clerk
APPROVED AS T ORM:
Special Counsel and Bond
Counsel for the City
red by law.
KELLEHER, Mayor
Passed the day of 'Irte-ut 1993.
Approved the /9 day of 1993.
Published the rg/ day of 1993.
I certify that this is a true copy of Ordinance No. 311V
passed by the City Council of the City of Kent, Washington, and
approved by the Mayor of the City of Kent as hereon indicated.
(SEAL)
Az��—
BRENDA JA BE , City Clerk
0083256.01
:M.
EXHIBIT "A'
LID 342
SMITH STREET SIDEWALKS - WASHINGTON AVENUE TO 64TH AVENUE
LEGAL DESCRIPTION
See Exhibit S attached and made a part hereto.
Description: The project consists of the installation of 6.5' wide
cement concrete sidewalks on both sides of Smith Street from
Washington Avenue to 64th Avenue. The sidewalk will be adjacent to
the existing curb with no planter strip. Cement concrete driveway
sections will be installed in -the sidewalk at existing driveways.
Existing utilities and other improvements which would interfere
with the sidewalk will be adjusted or relocated. Wheel chair ramps
will be installed in the sidewalks at crosswalks. A short rockery
may be constructed at the rear of the sidewalk at locations where
there is a significant grade change.
ON FR01+ TO
West Smith Street N. Washington Avenue 64th Avenue South
EXHIBIT "B"
February 11, 1993
BOUNDARY DESCRIPTION FOR
LID 342
SMITH STREET SIDEWALKS
(WASHINGTON AVE TO 64TH AVE)
THOSE PORTIONS OF BLOCKS 9 & 29 DEFINED AS FOLLOWS:
MEEKER SUPL PLAT 1ST ADD TO KENT LOT 4 OF KENT SHORT PLAT
SP 75-15 REC AF 17601220366 SD PLAT DAF POR BLKS 9 & 29
MEEKERS SUPL PLAT OF 1ST ADD TO KENT DAF BEG AT NE COR SD
BLK 9 TH S 00-42-13 W ALG E LN BLK 9 73 FT TO TPOB TH S
00-42-13 W ALG E LN SD BLKS 9 & 29 745.85 FT TO PT WCH
BEARS S 89-17-47 E 24.50 FT FR NE COR TR CONV AF
17107210071 TH N 89-17-47 W 404.45 FT TH N 00-42-13 E
43.52 FT TH N 89-17-47 W 156 FT TO NW COR SD TR TH S 00-
42-13 W 242.75 FT TH S 89-37-13 W 99.37 FT TH S 00-42-13
W 102 FT TH S 24-17-46 W 177.23 FT TH S 89-37-13 W 90 FT
TH S 00-42-13 W 72.29 FT TO SW COR SD TR BEGIN N LN OF
SMITH ST TH S 89-37-13 W ALG SD IN 324.62 FT TO POC TO
RGT RAD OF 15 FT TH NWLY ALG ARC OF SD CRV C/A 91-40-58
ARC DIST 24 FT TO E LN OF 64TH AVE S TH N 01-18-11 E ALG
SD LN 1049.03 FT TO ANGLE PT TH CONTG ALG E LN SD 64TH
AVE S N 00-47-27 E 258.93 FT TO POC TO RGT RAD OF 15 FT
TH NWLY ALG ARC OF SD CRV C/A 90-13-17 ARC DIST 23.62 FT
TO S LN JAMES ST TH S 88-59-16 E ALG S LN 915.29 FT TH N
00-42-13 W 3 FT TH S 88-59-16 E 40 FT TH S 00-42-13 W 40
FT TH S 88-59-16 E 33 FT TO TPOB AKA POR SPC 75-15 ALSO
PORTION OF BLOCK 29 DEFINED AS FOLLOWS: MEEKERS SUPL
PLAT 1ST ADD TO KENT POR BEG INTSN NLY MGN SHINN ST PROD
W& 24.5 FT W OF E LN BLK 29 TH S 89-39-43 W 650.50 FT TH
N 00-42-13 E 72 FT TH N 89-39-43 E 90 FT TH N 24-17-46 W
177.23 FT TH N 00-42-13 E 102 FT TH N 89-39-43 E 99037 FT
TH N 00-42-13 E 242.75 FT TH S 89-17-47 E 156 FT TH S 00-
42-13 W 43.52 FT TH S 89-17-47 E 379.95 FT TO W LN OF E
24.5 FT OF SD BLK TH S 00-42-13 W 525.43 FT TO BEG AND
ALSO
PORTIONS OF BLOCKS 27 & 29 MEEKERS SUPL PLAT 1ST ADD TO
KENT TR 'X' CITY OF KENT SP 80-4 REC AF 18007010620 SD SP
DAF - PARCEL 'A' - TR 27 SD SUBD LESS E 240 FT THOF LESS
ANY PORS LY S OF N MGN OF SMITH ST TGW - PARCEL 'B' - POR
OF TR 29 SD SUBD DAF - BEG AT NE COR OF TR 9 SD SUBD TH
S 00-42-38 W ALG E LN OF SD TRS 9 & 29 A DIST OF 818.85
FT TAP WCH BRS S 89-17-22 E 24.50 FT FR NE COR OF A TR TO
PROFESSIONAL MANIFEST INC UNDER AF 1 7101200071 & TPOB
THN 89-17-22 W 24.50 FT TH S 00-42-38 W 525.43 FT TO N LN
OF W SMITH ST TH N 89-37-35 E ALG SD N LN 24.50 FT TO E
LN OF SD TR 29 TH N 00-42-38 E ALG SD E LN TO TPOB -- AKA
POR SPC 80-4 AND ALSO
PORTIONS OF BLKS 27 & 29 DEFINED AS FOLLOWS: MEEKERS SUPL
PLAT 1ST ADD TO KENT LOT 2 CITY OF KENT SP 80-4 REC AF
8007010620 SD SP DAF - PARCEL 'A' - TR 27 SD SUBD LESS E
240 FT THOF LESS ANY FORS LY S OF N MGN OF SMITH ST TGW -
PARCEL 'B' - POR OF TR 29 SD SUBD DAF - BEG AT NE COR OF
TR 9 SD SUBD TH S 00-42-38 W ALG E IN OF SD TRS 9 & 29 A
DIST OF 818.85 FT TAP WCH BRS S 89-17-22 E 24.50 FT FR NE
COR OF A TR TO PROFESSIONAL MANIFEST INC UNDER AF 1
7101200071 & TPOB TH N 89-17-22 W 24.50 FT TH S 00-42-38
W 525.43 FT TO N LN OF W SMITH ST TH N 89-37-35 E ALG SD
N LN 24.50 FT TO E LN OF SD TR 29 TH N 00-42-38 E ALG SD
E LN TO TPOB -- AKA POR SPC 80-4 AND ALSO
BLOCKS 27 & 29 DEFINED AS FOLLOWS: MEEKERS SUPL PLAT 1ST
ADD TO KENT LOT 1 CITY OF KENT SP 80-4 REC AF 18007010620
SD SP DAF - PARCEL 'A' - TR 27 SD SUBD LESS E 240 FT
THOF LESS ANY PORS LY S OF N MGN OF SMITH ST TGW - PARCEL
'B' - POR OF TR 29 SD SUBD DAF - BEG AT NE COR OF TR 9 SD
SUBD TH S 00-42-38 W ALG E LN OF SD TRS 9 & 29 A DIST OF
818.85 FT TAP WCH BRS S 89-17-22 E 24.50 FT FR NE COR OF
A TR TO PROFESSIONAL MANIFEST INC UNDER AF f 7101200071
& TPOB TH N 89-17-22 W 24.50 FT TH S 00-42-38 W 525.43 FT
TO N IN OF W SMITH ST TH N 89-37-35 E ALG SD N LN 24.50
FT TO E LN OF SD TR 29 TH N 00-42-38 E ALG SD E LN TO
TPOB -- AKA POR SPC 80-4 AND ALSO
PORTIONS OF BLOCKS 27 & 29 DEFINED AS FOLLOWS: MEEKERS
SUPL PLAT 1ST ADD TO KENT LOT 3 CITY OF KENT SP 80-4 REC
AF # 8007010620 SD SP DAF - PARCEL 'A' - TR 27 SD SUBD
LESS E 240 FT THOF LESS ANY PORS LY S OF N MGN OF SMITH
ST TGW - PARCEL 'B' - POR OF TR 29 SD SUBD DAF - BEG AT
NE COR OF TR 9 SD SUBD TH S 00-42-38 W ALG E LN OF SD TRS
9 & 29 A DIST OF 818.85 FT TAP WCH BRS S 89-17-22 E 24.50
FT FR NE COR OF A TR TO PROFESSIONAL MANIFEST INC UNDER
AF 1 7101200071 & TPOB TH N 89-17-22 W 24.50 FT TH S 00-
42-38 W 525.43 FT TO N LN OF W SMITH ST TH N 89-37-35 E
ALG SD N LN 24.50 FT TO E LN OF SD TR 29 TH N 00-42-38 E
ALG SD E LN TO TPOB -- AKA POR SPC 80-4 AND ALSO
PORTION OF BLOCK 27 DEFINED AS FOLLOWS: MEEKERS SUPL
PLAT 1ST ADD TO KENT POR OF E 240 FT OF 27 N OF N LN OF
SHINN ST EXTND WLY AND ALSO
PORTION OF BLOCK 29 DEFINED AS FOLLOWS: MEEKERS SUPL
PLAT 1ST ADD TO KENT LOT 4 LESS ELY 58.50 FT THOF CITY OF
KENT SHOR PLAT NO SP -74-12 (SPC 74-11) RECORDING NO
7501100471 -- PER UNNUMBERED CITY OF KENT LOT LINE
ADJUSTMENTS APPROVED 23 AUG 1982 RECORDING NO 8208310374
& APPROVED 0.1 AUG 1984 RECORDING NO 8408090668 -- SD
SHORT PLAT BEING A POR BLK 29 SUPL PLAT MEEKER'S 1ST ADD
TO KENT DAF: BEG SW COR BLK 28 SD PLAT TH S 89-39-43 W
ALG N MGN KENT -DES MOINES RD 819.17 FT TO TPOB TH N 00-
20-17 W 540.64 FT TO NXN WITH WLY PROLONGATION OF S MGN
OF SHINN ST (W SMITH ST) TH S 89-39-43 W ALG SD
PROLONGATED LN TO WLY IN SD BLK 29 TH SLY ALG SD WLY LN
TO SW COR SD BLK 29 & N MGN KENT -DES MOINES RD TH ELY ALG
SD N MGN TO TPOB LESS W 30 FT FOR PUBLIC R/W AND ALSO
PORTION OF BLOCK 29 DEFINED AS FOLLOWS: 14EEKERS SUPL
PLAT 1ST ADD TO KENT LOT 1 LESS E 30 FT & LESS S 270 FT
TGW E 58.50 FT LOT 4 CITY OF KENT SHORT PLAT NO SP -74-12
(SPC 74-11) RECORDING NO 7501100471 -- PER UNNUMBERED
CITY OF KENT LOT LINE ADJUSTMENTS APPROVED 23 AUG 1982
RECORDING NO 8208310374 & APPROVED 01 AUG 1984 RECORDING
NO 8408090668 -- SD SHORT PLAT BEING A POR BLK 29 SUPL
PLAT MEEKER'S 1ST ADD TO KENT DAF: BEG SE COR BLK 28 SD
PLAT TH S 89-39-43 W ALG N MGN KENT -DES MOINES RD 819.17
FT TO TPOB TH N 00-20-17 W 540.64 FT TO NXN WITH WLY
PROLONGATION OF S MGN OF SHINN ST (W SMITH ST) TH S 89-
39-43 W ALG SD PROLONGATED LN TO WLY LN SD BLK 29 TH SLY
ALG SD WLY LN TO SW COR SD BLK 29 & N MGN KENT -DES MOINES
RD THE ELY SD N MGN TO TPOB LESS W 30 FT FOR PUBLIC R/W
AND ALSO
PORTION OF BLOCK 29 DEFINED AS FOLLOWS: MEEKERS SUPL
PLAT IST ADD TO KENT LOT 2 TGW E 30 FT & S 270 FT OF LOT
1 & TGW E 35 FT & N 146.07 FT OF LOT 3 CITY OF KENT SHORT
PLAT NO SP -74-12 (SPC 74-11) RECORDING NO 7501100471 --
PER UNNUMBERED CITY OF KENT LOT LINE ADJUSTMENT APPROVED
23 AUG 1982 RECORDING NO 8208310374 & LOT LINE ADJUSTMENT
NO LL -86-8 APPROVED 01 JULY 1986 RECORDING NO 8607100973
-- SD SHORT PLAT BEING A POR BLK 29 SUPL PLAT MEEKER'S
1ST ADD TO KENT DAF: BEG SE COR BLK 28 SD PLAT TH S 89-
39-43 W ALG N MGN KENT -DES MOINES RD 819.17 FT TO TPOB TH
N 00-20-17 W 540.64 FT TO NXN WITH WLY PROLONGATION OF S
MGN OF SHINN ST (W SMITH ST) TH S 89-39-43 W ALG SD
PROLONGATED LN TO WLY LN SD BLK 29 TH SLY ALG SD WLY LN
TO SW COR SD BLK 29 & N MGN KENT -DES MOINES RD TH ELY ALG
SD N MGN TO TPOB LESS W 30 FT FOR PUBLIC R/W AND ALSO
PORTION OF BLOCKS 27-28-29 DEFINED AS FOLLOWS: MEEKERS
SUPL PLAT 1ST ADD TO KENT 28 LESS S 150 FT OF E 150 FT &
POR OF 27 & 29 LY S OF WLY PROD OF S MGN OF SHINN ST LESS
POR OF 29 LY W OF LN BEG ON S LN 819.17 FT W OF SE COR TR
28 TH N 00-20-17 W TO N LN THOF