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ORDINANCE NO.
AN ORDINANCE ordering the improvement of
45th Place South north of South 254th Street,
including removal and replacement of deterio-
rated curbing and pavement, asphalt overlay and
adjustment of existing utilities to finished
grade and related work, all in accordance with
Resolution No. 1019; establishing Local
Improvement District No. 317 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. 1019 adopted May 21, 1984, the
City Council declared its intention to order the improvement of
45th Place South, and fixed June 18, 1984, 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 improvements and all
objections thereto and for determining the method of payment for
the improvement; and
WHEREAS, the Director of Public Works of the City of Kent
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 posses-
sion touching the proposed improvement, a description of the
boundaries of the proposed Local Improvement District (the
"district"), a statement of what portion of the cost and expense
of the improvement should be borne by the property within the
proposed district, a statement detailed for local improvement
assessments outstanding or unpaid against the property in the
proposed district, and a statement of the aggregate actual valua-
tion of the real estate, including 25 percent of the actual valua-
tion of the improvements in the proposed district, according to
the valuation last placed upon it for the purpose of general taxa-
tion; 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 t
be borne by each lot, tract and parcel of land or other property;
and
WHEREAS, do 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 above mentioned, and all objections
to the proposed improvement were duly considered and overruled by
the City Council, and all persons appearing at such hearing and
wishing to be heard were heard, and
WHEREAS, the City Council has determined it to be in the
best interest of the City that the improvement as hereinafter
described be carried out and the district be created in connection
therewith; NOW THEREFORE,
THE CITY OF KENT, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. City of Kent, Washington (the "City"), orders
the improvement of 45th Place South, including removal and
replacement of deteriorated curbing and pavement, asphalt overlay
and adjustment of existing utilities to finished grade and related
work as described in Exhibit A, attached hereto and by this refer-
ence incorporated herein. All of the foregoing shall be in
accordance with the plans and specifications therefore prepared by
the City's Director of Public Works and may be modified by the
City Council as long as such modification does not effect the
purpose of the improvement.
Section 2. There is created and established a Local
Improvement District to be called Local Improvement District
No. 317 of the City of Kent, Washington (the "district"), the
boundaries or territorial extent of which 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 $35,000. Approximately $23,449.86
of the cost and expense shall be paid by the City and the balance
of such cost and expense shall be borne by an assess against the
property specially benefited by such improvement included in the
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district and bracing 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 property 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 thel
"Local Improvement Fund, District No. 317," 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
ordinance for the issuance of other short-term obligations
pursuant to Chapter 216, laws of 1982.
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 and in 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 with 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 ordinance of the City the 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 hereafter determines.
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Section 6. 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, the call for bids
shall include a statement that payment for such work shall be mad
in cash warrants draw upon the "Local Improvement Fund.
Section 7, There is created and established in the
office of the Supervisor of Treasury Accounting of the City for
the district, the Local Improvement Fund, into which fund shall b
deposited the proceeds from the sale of revenue warrants drawn
against the fund which may be issued and sold by the City in
collections pertaining to assessments, and against which funds
shall be issued cash warrants to the contractor or contractors in
payment for the work to be done by them in connection 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 8. Within fifteen days of the passage of this
ordinance there shall be filed with the City Treasurer 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 in the estimated cost and expense of such improvement to
be borne by each lot, tract or parcel of land. The City Treasury
shall immediately post the proposed assessment roll upon her index
of local improvement assessments against the property affected by
the local improvement.
Section 9. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
ATTEST:
f Z
MARIE JENSEN, CITY CLERK
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APPROVED AS TO FORM:
AI,
GO
P. STEPIff& DiJULIO, CITY ATTORNEY
C
PASSED the `3' day of"'1- 1984.
APPROVED the day of 1984.
PUBLISHED the/,�� day of 1984.
I hereby certify that this is a true copy of Ordinance
No. `� 7Sf passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as here(
indicated.
310-10
— r {.•``v>� (SEAL)
MARIE 9ENSEN, CITY CLERK
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