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HomeMy WebLinkAbout2292ORDINANCE NO.� AN ORDINANCE of the City of Kent, Washington, ordering the improvement of a portion'of the city by the widening and im- proving of South 180th Street from West Val- ley Highway to East Valley Highway, including widening the street to five lanes, overlay of existing street and installation of concrete curb and gutters, sidewalks, bike paths, storm drainage, street lighting, channeliza- tion, signalization, railroad crossing and landscaping and undergrounding of electric facilities, all in accordance with Resolution 927 of the Kent City Council; establishing Local Improvement District No. 307; providing that payment for the costs of the improvement may be made by special assessments upon the property in the district, payable 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 local improvement district bonds or note in lieu of bonds. WHEREAS, by Resolution 927 adopted April 6, 1981, the Kent City Council declared its intention to order the improvement of a portion of the city by the widening and improving of South 180th Street from West Valley Highway to East Valley Highway, in- cluding widening the street to five lanes, overlay of existing street and installation of concrete curbs and gutters, sidewalks, bike paths, storm drainage, street lighting, channelization, signalization, railroad crossing and landscaping and underground- ing of electric facilities, and fixed May 4, 1981 at 8 o'clock p.m. in the Council Chambers of 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 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 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 bene- fited 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, 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 orders the improvement of a portion of the city by the widening and improving of South 180th Street from West Valley Hig] way to East Valley Highway more fully described in Exhibit "B" attached hereto and by this reference made a part hereof. Section 2. There is hereby created and established a local improvement district to be called "Local Improvement Dis- trict No. 307 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 Five Million Dollars ($5,000,000), of which $483,266 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 em- bracing as near as may be all property 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 - 2 - the "Local Improvement Funds, District No. 307", 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 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 (30) days after the first publication by the Super- visor of Treasury Accounting of notice that the assessment roll for Local Improvement District No. 307 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 Council. The warrants and bonds shall be sold in such manner as the City Council shall hereafter determine. Sectiori 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. - 3 - 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. 307, 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 pub- lication as provided by law. ATTEST: P ROVED 0 FORM: DONALD E. MIRK, CITY ATTORNEY PASSED the ( 8 day of May, 1981. APPROVED the Jj day of May, 1981. PUBLISHED the Qj day of May, 1981. I hereby certify that this is a true copy of Ordinance No. 2_c- _, 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) M,= P] LID 307 EXHIBIT "A" That portion of Henry Adams Donation Claim No. 43 in the Northwest quarter of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington described as follows: Beginning at a point of intersection with the Southerly margin of Southwest 43rd Street (S180th Street) and the Easterly margin of SR 181; said point being the True Point Of Beginning of the following described parcel; thence Easterly along the Southerly margin of S.W. 43rd Street to a point which lies a distance 230.00 feet East when measured from the Westerly margin of 72nd Ave. South; thence Southerly to a point which lies a distance 228.00 feet East when measured from the Westerly margin of 72nd Avenue South; thence Westerly parallel to the South line of the Northwest quarter of said Section a distance of 228.00 feet to a point on the Westerly margin of 72nd Avenue South; thence Southerly along the Westerly margin thereof to the Northerly margin of S. 182nd Street, thence Westerly along the Northerly margin thereof to the Easterly margin of SR 181; thence Northwesterly and Northerly along the Easterly margin thereof to the Southerly margin of So. 181st Street, thence Easterly along the Southerly margin thereof to the Easterly margin of 71st. Ave. South; thence Northerly along the Easterly margin thereof to a point which lies a distance of 120.00 feet more or less when measured from the Southerly margin of S.W. 43rd Street, thence Westerly parallel to the South line of the Northwest quarter of said section to the Easterly margin of SR 181; thence Northerly and Northeasterly along the Easterly margin thereof to the True Point of Beginning; AND ALSO that portion of Henry Adams Donation Claim No. 43 lying Easterly and Northerly of Burlington Northern (Formerly Northern Pacific) Railway; AND ALSO the West 40 feet of the North 610.02 feet of Government Lot 4 in the Southeast quarter of the Northwest quarter of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington; AND ALSO Lots 1 through 9 inclusive, Block 1, Burlington Northern Norpac Industrial District No. 1 Division 2, according to Plat recorded in Volume 98 of Plats, pages 27 and 28, Records of King County,' Washington; AND ALSO the East 225.00 feet of the South 400.00 feet of the North 450.00 feet of the Southwest quarter of the Northeast'quarter of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington; AND ALSO that portion of the North half of the Southeast quarter of the Northeast quarter of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, lyinq Easterly of the Easterly margin of 80th Pl. South and Southerly of the Southerly margin of Southwest 43rd Street; AND ALSO, that portion of the Northwest quarter of Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the Northwest corner of Lot 1, Mazda Short P1$t, recorded under King County Recording No. 7611010639; thence South 2 -04' 18" West to the Southwest corner of the Northwest quarter of said section; thence Easterly parallel to the North line of the Southwest quarter of the North- west quarter of said section to the Westerly margin of East Valley Highway; thence Northeasterly along said Westerly margin to a point on the West line of the Southeast quarter of the Northwest quarter of said section; thence Northerly along the West line thereof to the South line of the North half of the Southeast quarter of the Northwest quarter of said section; thence Easterly along the South line thereof to the Westerly margin of East Valley Highway; thence Northeasterly along the Westerly margin thereof to a point on a curve to the left which intersects the Southerly marain of Southwest 43rd Street (S. 180th St.); thence Westerly along the Southerly margin thereof to the True Point of Beginning. Except any portions of the above described parcels lying within public Right of Ways. EXHIBIT "B" LID 307 S 180th St. Improvements West Valley Highway to East Valley Highway LEGAL DESCRIPTION See "Exhibit A" attached and made a part hereto. STREET IMPROVEMENTS Description: The project consists of widening the street to 5 lanes, overlay of the existing street and installation of concrete curb and gutters, sidewalks, bike paths, storm drainage, street lighting, channelization, signalization, railroad crossing and landscaping and undergrounding of electrical facilities. Location: ON FROM S. 180th St. West Valley Highway Total Project Cost: $5,000,000.00 LID Share: $ 483,266.00 Hearing Date on Preliminary Assessment Roll: TO East Valley Highway May 4, 1981