HomeMy WebLinkAbout2735CITY OF KENT, WASHINGTON
ORDINANCE NO. a 23s`
AN ORDINANCE ordering the widening and improve-
ment of West Valley Highway from South 189th Street
to South 212th Street, all in accordance with
Resolution No. 1139 of the City Council; establishing
Local Improvement District No. 328 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. 1139 adopted July 21, 1987, the
City Council declared its intention to order the widening and
improvement of West Valley Highway from South 189th Street to
South 212th Street, and fixed July 21, 1987, 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 improve-
ment and all objections thereto and for determining the method
of payment for the improvement; and
WHEREAS, the 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 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 no
objections to the proposed improvement were received 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 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 widening and improvement of
West Valley Highway from South 189th Street to South 212th
Street which will include additional paving width to accommodate
more lanes, including turn lanes, overlay of the existing
pavement, drainage curb and gutter, sidewalk, landscaping,
illumination, signal improvements, some undergrounding of
electrical facilities and utility extensions, and relocations as
required.
All of the foregoing shall be in accordance with the plans
and specifications therefor prepared by the 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.
328 of the City of Kent, Washington (the "District"), the
boundaries or territorial extent of which District is more
particularly described in Exhibit A attached hereto and by this
reference incorporated herein.
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Section 3. The total estimated cost and expense of the
improvement is declared to be $5,731,188. Approximately
$572,839 of such cost and expense shall be paid by the City and
the balance thereof 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 reflect fairly 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. 328, 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 or his designee, 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
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 ordi-
nance. 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 and not
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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 shall be hereafter fixed by ordinance of the City
Council. Such bonds shall be sold in such manner as the City
Council hereafter shall determine.
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 (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 7. There is created and established in the office
of the Finance Director the Local Improvement Fund, into which
fund shall be deposited 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 collections per-
taining to assessments, and against which fund 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 S. Within fifteen (15) days of the passage of this
ordinance there shall be filed with the City Finance Director
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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 and the estimated cost and expense
of such improvement to be borne by each lot, tract or parcel of
land. The City Finance Director shall immediately post the
proposed assessment roll upon his index of local improvement
assessments against the properties affected by the local
improvement.
Section 9. This ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication as provided by law.
DAN KELLEHER, MAYOR
ATTEST:
MARIE JENSE CITY CLERK
APPR ED AS
A4ND , CITY ATTORNE
Passed the day of /' , 1987.
Approved the 5" day of 1987.
Published the Z day of 1987.
I certify this is a true copy of Ordinance No.,R��passed
by the City Council of the City of Kent, Washington, and
approved by the Mayor of the City of Kent as hereon indicated.
3252k
(SEAL)
MAR JENSEN, CITY CLERK
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EXHIBIT "A"
LID 328
WEST VALLEY HIGHWAY STREET IMPROVEMENT
(S.212th St. to S.189th St)
BOUNDARY LEGAL DESCRIPTION
May 21, 1987
Those portions of Sections 1, 2, 11 and 12, Township 22 North Range 4 East
W.M., King County Washington AND Sections 35 and 36, Township 23 North,
Range 4 East, W.M. King County, Washington, described as follows:
Beginning at the intersection of the North margin of S. 212th Street with
the East margin of Russell Rd. S., being the True Point of Beginning of
property herein described; thence in an Easterly direction along said North
margin to an intersection with the Southwest corner of Daon Addition, Volume
116, pages 57 - 59, records of King County, Washington; thence North along
the West line of said plat to a point which lies 130 feet North of the
Southwest corner of Lot 5 of said plat; thence East parallel with said North
margin to the West margin of 72nd Ave S.; thence North along said West margin
to the Southeast corner of Greenriver Corporate Park One Short Plat (AKA
SP 84-4); thence Northwesterly along the South line of said short plat to
the Southeast corner of Lot 2 of said short plat; thence North along the East
line of said Lot 2 to the Northeast corner thereof; also being the South margin
of S. 204th St.; thence continuing North along the East line of said Lot 2
produced North to the North margin of S. 204th St.; thence East along the North
margin of S. 204th St. to the Southwest corner of Greenriver Corporate Park
Three (AKA SP 86-5); thence Northerly along the West line of said SP 86-5 to
the Northwest corner thereof, also being the South line of the Northwest
quarter of said Section 1; thence East along the South line of the Northwest
quarter of said Section 1 to the Southeast corner of the Southwest quarter of
the Northwest quarter of said Section 1; thence North along the East line of
the Southwest quarter of the Northwest quarter of said Section 1 to the South-
east corner of the unrecorded plat of Kent Acres; thence West along the South
line of said unrecorded plat to the Southwest corner of Lot 4 of said unrecorded
plat, also being the Southwest corner of Century Short Plat, Recording #780824
0873 (AKA SPC 78-6); thence North along the West line of said SPC 78-6 and its
Northerly prolongation to the North margin of South 196th St.; thence West
along the North margin of South 196th St. to the Southwest corner of Warn
Industries #2 Short Plat, Recording #8209220339 (AKA SPC 82-7) as approved
under Lot Line Adjustment dated 10/8/84; thence Northerly, Westerly, Northerly,
Easterly, Northerly along the West line of said SPC 82-7 to the Northwest
corner thereof; also being the Southwest corner of Tract 9 of the unrecorded
plat of Highway Home Garden Tracts; thence East along the South line of Tracts
9, 8, 7, 6, 5, 4, and 3 of said tracts to the West margin of P.S.E. right of way;
thence North along the West margin of P.S.E. right of way to the Southeast
corner of the plat of Orillia Garden Tracts, recorded in Volume 26, page 7,
records of King County, Washington; thence West along the South line of Orillia
Garden Tracts and its Westerly prolongation to a point of intersection with the
Kent City limit line as defined under Ordinance #1013; thence Southwesterly
along said Ordinance to a point of intersection with the Kent City limit
line as defined under Ordinance #2114; thence West along said Ordinance
#2114 to a point of intersection with the North line of the plat of South -
center Corporate Park as recorded under Volume 114, pages 36 - 42 records
of King County, Washington; thence West, Southwesterly, Northwesterly,
Southwesterly, Southeasterly, Southerly, Southwesterly to the Northeast
corner of Lot 14 Block 1, of said Southcenter Corporate Park; thence South
along the East line of said Lot 14 and its Southerly prolongation to the
North line of Block 6 of said Southcenter Corporate Park; thence East along
the North line of said Block 6 to a point which lies 210 feet West of the
West margin of 62nd Ave S.; thence South parallel with the West margin of
62nd Avenue S. to a point of intersection with the centerline of a 30 foot
railroad right of way easement as shownin6 and Block 5, of said
Southcenter Corporate Park; thence S 88 59' 42 East along said centerline
a distance of 225 feet plus or minus to a point of tangency with a curve
concave to the Northwest; thence in a Northerly direction along said curve
with a radius of 459.28 feet to a point Which lies 50 feet South of the
South margin of S. 194th St.; thence S 1 00118" West to the South line of
Lot 4 Block 5 of said Southcenter Corporate Park; thence East along the
South line of Lot 4 of said Block 5 to Southeast corner thereof; thence
South along the West line of Lot 3 of said Block 5 to the Southwest corner
thereof; thence East along the South line of said Lot 3 to the Southeast
corner thereof; thence Northerly along the East line of said Lot 3 to the
Southwest corner of Lot 2 of said Block 5; thence Easterly along the South
line of Lot 2 of said Block 5 to the West margin of 66th Ave So.; thence
South along the West margin of 66th Ave So. and its Southerly prolongation
to the South margin of S. 196th St.; thence West along the South margin
of S. 196th St. to the West line of the Northeast quarter of said Section
2; thence South along the West line of the Northeast quarter of said Section
2 to the Southwest corner thereof also being the Northwest corner of South-
west quarter of said Section 2; thence West along the North line of the
Southwest quarter of said Section 2 to the East margin of Russell Road;
thence in a Southerly direction along the East margin of Russell Road
to the True Point of Beginning Except any portion lying within public
ri ght-of-ways