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HomeMy WebLinkAbout2213ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, ordering the improvement of a portion of the City of Kent by the installa- tion of 8 inch sanitary sewers together with necessary appurtenances on easements and on Helen Street and Sam Street from West Valley Highway to a point 520 feet east of West Val- ley Highway, all in accordance with Resolution No. 884 of the Kent City Council; establishing Local Improvement District No. 299; providing that payment for the costs of the improvement be made by special assessments upon the prop- erty in the district, payable by the mode of "payment by bonds" or "note in lieu of bonds"; and providing for the issuance of and sale of local improvement district warrants redeemable in cash and local improvement district bonds or note in lieu of bonds. WHEREAS by Resolution 884 adopted February 4, 1980, the Kent City Council declared its intention to order the improvement of a portion of the City of Kent by the installation of 8 inch sanitary sewers together with necessary appurtenances on easements and on Helen Street and Sam Street from West Valley Highway to a point 520 feet east of West Valley Highway, fixed March 3, 1980 at 8 o'clock p.m. in the Council Chambers in the City Hall as the time and place for hearing all matters relating to the proposed improvement and all obligations thereto and for determining the method of payment for the improvement; and WHEREAS the City Engineer 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, to- gether with all papers and information in his possession touching i the proposed improvement, a description of the boundaries of the district, a statement of what portion of the cost and expense of the improvement should be borne by the property within the pro- posed district, a statement in detail of the local improvement assessment outstanding or unpaid against the property in the pro- posed district, according to the valuation last placed upon it for the purpose of general taxation; and WHEREAS that estimate is accompanied by the diagram of the proposed improvement showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by by the proposed improvement, and the estimated amount of the 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 March 3, 1980 and all persons present having been heard, and written protests having been received, duly noted and entered into the record of the proceeding; and WHEREAS the City Council has determined it to be in the public interest 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, DO I ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Kent, Washington, hereby orders the improvement of a portion of the City by the installation of 8 inch sanitary sewers as more fully described in Exhibit "B" attached hereto and by this reference made a part hereof. All of the foregoing shall be in accordance with the plans and specifications therefore prepared by the City's Consul- ting Engineer. The City reserves the right to make changes in such improvement as long as such changes do not materially affect the purpose of the improvement. Section 2. There is hereby created and established a local improvement district to be called "Local Improvement Dis- trict No. 299 of the City of Kent, Washington", which district is described in Exhibit "A" attached hereto and by this reference made a part hereof . Section 3. The total estimated cost and expense of that improvement is hereby declared to be One Hundred Thirty -Two Thousand Dollars ($132,000.00) which shall be borne by and assess- ed against the property specailly benefited by the improvement to be included in the local improvement district to be established embracing as near as may be all property specially benefited by the improvement. - 2 - 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 shall be issued in payment of the cost and expense of the improvements herein ordered to be assessed, such warrants to be payable out of the "Local Improvement Funds, District No. 299", hereinafter cre- ated and referred to as the "Local Improvement Fund", to bear in- terest from the date thereof at a rate to be hereafter fixed by ordinance not to exceed the limit which by law the City may legal - lay pay and to be redeemed in cash, and/or by local improvement district bonds, or note in lieu of bonds, herein authorized to be issed, such interest-bearing warrants to be hereafter referred to as "Revenue Warrants." The City is authorized to issue local improvement district bonds or note in lieu of bonds for the dis- trict which shall bear interest at a rate to be hereafter fixed by ordinance, shall be payable on or before twelve (12) years from the date of issuance, the life of the improvement ordered being not less than the term of the bonds, and shall be issued in ex- change for and in redemption of any and all revenue warrants is- sued hereunder and not redeemed in cash within a period of not to exceed sixty (60) days after the first publication by the Super- visor of Treasury Accounting of notice that the assessment roll for Local Improvement District No. 299 is in her hand for collec- tion. The bonds or note in lieu of bonds shall be redeemed by the collection of special assessment to be levied and assessed against the property within the district, payable in ten (10) e- qual installments, with interest at a rate to be hereafter fixed by ordinance not to exceed the limit which by law the City may legally pay, under the mode of "payment of bonds", or "note in lieu of bonds", as defined by law and the ordinances of the City. In the case of default in payment of any assessment when the same shall become due, there shall be added interest at a rate to be hereafter fixed by ordinance not to exceed the limit which by law the City may legally collect and a penalty of 8% which shall also be collected. The exact form, amount, date interest rate and denominations of the revenue warrants and local improvement dis- trict bonds shall be hereafter fixed by ordinance of the City Council. The warrants and bonds shall be sold in such manner as Ithe City Council shall hereafter determine. - 3 - Section 6. All work necessary to be done in connection with the making of the improvement shall be done by and made by contract upon competitive bids and the City shall have and reserv- es the right to reject any and all bids. The call for bids for work authorized pursuant to this Ordinance shall include a state- ment that payment for the work will be made in cash warrants drawn upon the Local Improvement Fund. Section 7. There is hereby created and established in the office of the Supervisor of Treasury Accoungint of the City of Kent, for the district, a special fund heretofore designated and referred to as the Local Improvement Fund, District No. 299, into which fund shall be deposited the proceeds from the sale of reve- nue warrants drawn against the fund which may be issued and sold by the City, and collection pertaining 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 connec- tion with the improvement. Section 8. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. `7 L ATTEST: MARIE JENZEN, CITY CLERK PROVED AS TO FORM: nA&P-& Vvv,;k - -_ DONALD E. MIRK, CITY ATTORNEY PASSED the _ day of March, 1980. APPROVED the _ day of March, 1980. PUBLISHED the day of March, 1980. 41 -y -- ,' MAYO I hereby certify that this is a true copy of Ordinance No. , 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) MARIE NSEN, CITY CLERK - 4 - iso,,k L;' I 1 J " SANITARY SEWERS SE CI,nNER OF JAMES STREET &,WEST VALLEY HI'GHWAY That portion of the Northwest quarter of Section 24, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the point of intersection of the Northwest corner of Lot 9, Block 7, in Kenthurst Addition as recorded in Volume 57 of plats, pages 58 & 59, in King County, Washington, and the Easterly margin of West Valley Highway, this being the TRUE POINT OF BEGINNING: thence Southerly along said Easterly margin to a point lying 118.50 feet Southerly of the Northwest corner of Lot 23 in Meekers Supplemental Plat First Addition to Kent as recorded in Volume 5 of plats, page 96, thence Easterly along a line lying 118.50 feet Southerly and parallel to the North line of said Lot 23, a distance of 156.00 feet; thence Southerly parallel to said Easterly margin a distance of 62.00 feet; thence Easterly parallel to the North line of said Lot 23 to the East line of said Lot 23; thence Northerly along said East line to the Southwest corner of Lot 14, said Meekers Supplemental Plat First Addition to Kent; thence Easterly along said South line to a point on the Westerly margin of State highway #5 (also known as East Valley Highway); thence Northeasterly along said Westerly margin to a point on the North line of Lot 10, Strain's Addition as recorded in Volume 65 of plats, page 93; thence Westerly along the North line of Lots 10, 9, 8, & 7, in said Strain's Addition and continuing Westerly along the North line of Lots 5, 6, 7, 8, & 9, in said block of said Kenthurst Addition to the TRUE POINT OF BEGINNING. EXCEPT any portions thereof lying within Public Right of Way. r EXHIBIT "B" LID .20`0 SANITARY SEWERS SE CORNER OF JAMES STREET AND WEST VALLEY HIGHWAY LEGAL DESCRIPTION See Exhibit "A" attached and made part thereof. SANITARY SEINER SIZE ON FROM TO 8" Easement 430' East of WVH 300' South on James 8" Helen Street 430' East of WVH 520' East of WVH 8" Easement Helen Street 330' South 8" Sam Street 215' East of WVH 510' East of WVH TOTAL PROJECT COST: $132,000 L.I.D. SHARE: $132,000 HEARING DATE ON PRELIMINARY ASSESSMENT ROLL: March 3, 1980