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HomeMy WebLinkAbout2230=. ORDINANCE NO. --� AN ORDINANCE of the City of Kent, Washington, ordering the improvement of a portion of King County by the construction and installation of 10 inch water mains to- gether with necessary appurtenances thereto on 79th Avenue South from South 266th Street to a point 1450 feet north of South 266th Street and on South 266th Street to a point 600 feet east of 79th Avenue South, all in accordance with Resolution 891 of the Kent City Council; establishing Local Improvement District No. 302; providing that payment for the costs of the improvement be made by spe- cial assessments upon the property 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 redeem- able in cash and local improvement district bonds or note in lieu of bonds. WHEREAS by Resolution 891 adopted May 19, 1980, the Kent City Council declared its intention to order the improvement of a portion of King County by the installation of 10 inch water mains together with necessary appurtenances thereto on 79th Ave- nue South from South 266th Street to a point 1450 feet north of South 266th Street and on South 266th Street to a point 600 feet east of 79th Avenue South, and fixed May 19, 1980, at 8 o'clock p.m. in the Council Chambers of the Kent City Hall as the time and place for hearing all matters relating to the proposed improvement and all objections thereto and for determining the method of pay- ment 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 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 fo 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 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 May 19, 1980 and all persons present having been heard, and no protests having been received; 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 ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Kent, Wash- ington, hereby orders the improvement of a portion of King County by the installation of 10 inch water mains 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. 302 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 the improvement is hereby declared to be Eighty Nine Thousand, Eight Hundred Fifty -Seven Dollars ($89,857.00) which shall be borne by and assessed against the property specially benefited by the improvement to be included in a local improvement district to be established embracing as near as may be all property spe- cially benefited by the 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 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. 302", 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- ly pay and to be redeemed in cash, and/or by local improvement district bonds, or note in lieu of bonds, herein authorized to be issued, 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. 302 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 the 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 Accounting of the City of Kent, for the district, a special fund heretofore designated and referred to as the Local Improvement Fund, District No. 302, 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. ? ,' ATTEST: E JENSEN', ;CITY CLERK OVED AS TO FORM: LD E. MIRK, CITY ATTOR PASSED the ---2 day of June, 1980. APPROVED the 3 day of June, 1980. PUBLISHED the 6 day of June, 1980. I hereby certify that this is a true copy of Ordinance No. 30 , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. r (.SEAL) MARIE i7ENSEN, CI Y CLERK - 4 - EXHIBIT "A" Legal Description L.I.D. N0. 302 Water Main Rose Ave. (79th Ave. South) (So. 262nd to So. 266th St.) All that portion of the Northeast quarter and the Southeast quarter of Section 25, Township 22 North, Range 4 East, W.M., lying Westerly of the Westerly margin of the Northern Pacific Railroad and Northerly and East- erly of the Northerly and Easterly boundary of Green River and lying Southerly of a line described as follows: Beginning at the Easterly extension of the Northerly line of Lot 14, Horseshoe Acre Tracts as recorded in Volume 15, Page 10 in King County, Washington, and the Easterly margin of 80th Avenue South; thence Westerly along the Northerly boundary of said Lot 14 to the Easterly margin of 79th Avenue South; thence Northwesterly to the most Northerly corner of Lot 3 of said Horseshoe Acre Tracts and the Easterly boundary of Green River, being the terminus of said line herein described. L.I.D. 302 WATER MAIN Rose Ave. (79th Ave. South) (So. 262nd to So. 266th St.) Legal Description See Exhibit "A" attached and made part thereof. Size On From 10" 79th Ave. S. S. 266th 10" S. 266th St. 79th Ave Total Project: $89,857 L.I.D. Share: $89,857 EXHIBIT "B" To 1450' North of So. 266th 600' East of 79th Ave. Hearing Date on Preliminary Assessment Roll: May 19, 1980