HomeMy WebLinkAbout2280ORDINANCE NO. �
AN ORDINANCE of the City of Kent,
Washington, ordering the improvement of a
portion of the City by the construction and
installation of sanitary sewers together with
necessary appurtenances thereto on 113th Ave-
nue from SE 256th Street to a point 575 feet
north of SE 256th Street and on easements
westerly of 113th Avenue SE and northerly of
SE 254th Street, all in accordance with Res-
olution 916 of the Kent City Council; estab-
lishing Local Improvement District #305;
providing that payment for the costs of the
improvement may be made by special assess-
ments upon the property in the district, pay-
able by the mode of "payment in bonds" or
"note in lieu of bonds"; and providing for
the issuance of and sale of local improvement
district warrants redeemable in cash and lo-
cal improvement district bonds or note in
lieu of bonds.
WHEREAS, by Resolution 916 adopted February 2, 1981,
the Kent City Council declared its intention to order the improve-
ment of a portion of the City by the construction and installa-
tion of sanitary sewers together with necessary appurtenances
thereto on 113th Avenue SE from SE 256th Street to a point 575
feet North of SE 256th Street and on easements westerly of 113th
avenue SE and northerly of SE 254th Street and fixed March 2,
1981 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 de-
termining 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
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 bene-
fited by the proposed improvement, and the estimated amount of the
cost and expense thereof to be borne by each lot, tract, and par-
cel of land or other property; and
WHEREAS, dut notice of the above hearing was given in
the matter provided by law, and the hearing was held by the City
Council on March 2, 1981, and all persons present having been
heard and all protests having been received and considered; 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
ORDAIN26 FOLLOWS:
Section 1. The City Council of the City of Kent, Wash-
ington, hereby orders the improvement of a portion of the City
by the construction and installation of sanitary sewers together
with necessary appurtenances thereto on 113th Avenue SE and on
easements westerly of 113th Avenue SE and northerly of SE 254th
Street more fully described in Exhibit "B" attached hereto and by
this reference made a part hereof. All the foregoing shall be
in accordance with the plans and specifications therefor prepared
by the City 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. 305 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 Three Thousand,
Two Hundred Seventy -Six Dollars and 27/100 ($83,276.27) which
shall be borne by and assessed against the property specially
benefited by the improvement to be included in a local improvemen
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district to be established embracing as near as may be all prop-
erty specially 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. 30511, 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 local improvement dis-
trict 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
exchange 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. 305 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
denomination of the revenue warrants and local improvement dis-
trict bonds shall be hereafter fixed by Ordinance of the City
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Council. The warrants and bonds shall be sold in such manner as
the City Council shall hereafter determine.
Section 6. All work necessary to be done in connectioi
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. 305,
into which fund shall be deposited the proceeds from the sale of
revenue 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 contrac-
tor or contractors in payment for the work to be done by them in
connection 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:
? 2-9.-. .......
MARIE JENS , CITY CL RK
PROVED AS TO FORM:
D NALD E. MINK, CITY ATLORNMEY
PASSED the (- day of March, 1981.
APPROVED the . day of March, 1981.
PUBLISHED the day of March, 1981.
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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.
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(SEAL)
EXIMIT "A"
L I D 30':
113TH AVE SE SANITARY SEWER
(NORTH OF SE '256TH ST)
LEGAL DESCRIPTION
EXHIBIT "A"
That portion of the West half of the Southeast quarter of Southeast
quarter of Section 20, Township 22 North, Range 5 East, W.M.; in
King County, Washington; described as follows:
Beginning at the Northwest corner of said subdivision; said point
being the True Point of Beginning of the property herein described;
thence Southerly along the Westerly line of said subdivision to the
Northwest corner of the Southwest quarter of the Southeast quarter
of the Southeast quarter; thence Easterly along the Northerly line
thereof a distance of 198.00 feet; thence Southerly parallel to the
Westerly line thereof to a point on the Northerly margin of South-
east 256th Street lying a distance of 198.00 feet Easterly of the
Westerly line thereof; thence Easterly along the Northerly margin
of S.E. 256th Street to a point of intersection with the Southerly
extension of the Easterly line of lot 5, Jacobsen's 3rd Addition,
according to Plat recorded in Volume 78 of Plats, page 75, Records
of King County, Washington; thence North 1°-03' - 28" East along
said Southerly extension and the Easterly lines of Lots 5 through
9 of said plat to the Northeast corner of Lot 9; thence Westerly
along the Southerly line of the Southeast quarter of the Northwest
quarter of the Southeast quarter of the Southeast quarter to the
Southwest corner thereof; thence Northerly along the Westerly line
thereof to the Northwest corner thereof; thence Easterly along the
Northerly line thereof to a point which lies a distance of 320.00
feet Westerly of the Northeast corner thereof; thence Northerly
parallel to the Easterly line of the Northwest quarter of the South-
east quarter of the Southeast quarter a distance of 217.00 feet;
thence Easterly parallel to the Northerly line thereof a distance
of 320.00 feet to a point on the east line thereof, thence Northerly
along the Easterly line thereof a distance of 111.77 feet to the
Northeast corner thereof; thence Westerly along the Northerly line
thereof a distance of 654.93 feet more or less to the True Point of
Beginning.
L I D 3()5
113th AVE. SE SANITARY SEWER
(NORTH OF SE 256th ST)
LEGAL DESCRIPTION
See Exhibit "A" attached and made part thereof.
SANITARY SEWER
EXHIBIT "B"
SIZELOCATION FROM TO
T—
8" 113th Ave. SE .SE 256th St. 575 ft. North
8" Easement, Between Westerly Easterly boundary
Lots 3 & 4 King boundary of of said lots
County Short Plat said lots
SP876004, located
in SE 1/4 20-22-5
8" Easement, Westerly Northerly Southerly boundary
boundary of N 1/2 boundary of of said lot
of SW 1/4 of NVI 1/4 said lot
of SE 1/4 of SE 1/4
Section 20-22-5
TOTAL PROJECT COST: $83,276.27
LID SHARE: $83,276.27
HEARING DATE ON PRELIMINARY ASSESSMENT ROLL: MARCH 2, 1981