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HomeMy WebLinkAbout1692CITY OF KENT, WASHINGTON ORDINANCE NO. I (ot"IJ AN ORDINANCE ordering the improvement of S.R. 99 (Pacific Highway South) from S.R. 516 (Kent -Des Moines Road) to South 252nd Street by widening and overlaying pavement with asphalt concrete, improving and extending shoulders where necessary, and incidental work to provide for a fifth lane to be used as a two-way left -turn lane, both within and outside -the City, all in accordance with Resolution No. 47,86' of the City Council; establishing Local Improvement District No. 265; providing the method of assessment in the District; providing that payment for the improvement be made 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 and local improvement district bonds. WHEREAS, by Resolution No. adopted September 8, 1970, the City Council declared its intention to order the improvement of S.R. 99 (Pacific Highway South) from S. R. 516 (Kent -Des Moines Road) to South 252nd Street by widening and overlaying pavement with asphalt concrete, improving and extending shoulders where necessary, and incidental work to provide for a fifth lane to be used as a two-way left -turn lane, both within and outside the City, and fixed October 19, 1970, at L° o'clock p.m. (PDST) in the Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all objections thereto and for deter- mining 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 said 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 District, a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed District, a statement in detail of the local improvement assessments outstanding or unpaid against the property in the proposed District, and a statement of the aggregate actual valuation of the real estate, including 25% of the actual valuation of the improvements in the proposed District, according to the valuation last placed upon it for the purpose of general taxation; 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 improve- ment, 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 the date and at the time above mentioned, and all written protests filed with the City Council on or before that date were duly considered and overruled, and all persons appearing at the hearing 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, DO ORDAIN, as follows: Section 1 . The City Council of the City of Kent, Washington, hereby orders the improvement of S.R. 99 (Pacific Highway South) from S.R. 516 (Kent -Des Moines Road) to South 252nd Street by widening and overlaying pavement with asphalt concrete, improving and extending shoulders where necessary, and incidental work to provide for a fifth lane to be used as a two-way left -turn lane. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the City Engineer. Section 2. There is hereby created and established a local improvement district to be called "Local Improvement District No. 265 of the City of Kent, Washington," which district is described in Exhibit A attached hereto and by this reference made a part hereof. -2- Section 3. The total estimated cost and expense of that improvement is hereby declared to be $74,420.00. It is estimated that of the total estimated cost, the cost of the improvement within the City will be $63,020.00, and the cost of the improvement outside the City will be $11,400.00. The entire cost and expense of such improvement shall be borne and assessed against the property specially benefited by such improve- ment, included in the local improvement district herein established, embracing as near as may be, all property specially benefited by such improvement, it being estimated that the property within the City, described as Unit A in Exhibit A, shall be assessed approximately $63,020.00 and the property out- side the City, described as Unit B in Exhibit A, shall be assessed approxi- mately $11,400.00. There shall be included in the cost and expense of that improvement all cost items specified in RCW 35.44.020. Section 4. The nature of the improvement provided for herein is such that the special benefits conferred upon the property in the local improve- ment district herein created are not fairly reflected by the use of the zone -and - termini method of assessment therefor, and it is provided and ordered that the assessments shall be made against the property of the district in accordance with the special benefits it will derive from the improvement without regard to the zone -and -termini method provided by statute. Section 5. Local improvement district warrants shall be issued in payment of the cost and expense of the improvement herein ordered to be assessed, such warrants to be payable out of the "Local Improvement Fund, District No. 265," hereinafter created and referred to as the "Local Improvement Fund, " to bear interest from the date thereof at a rate to be hereafter fixed by ordinance not to exceed 8% per annum 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. " The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate to be hereafter fixed by ordinance, shall be payable on or before twelve 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 -3- issued hereunder and not redeemed in cash within a period of not to exceed sixty days after the first publication by the City Treasurer of notice that the assessment roll for Local Improvement District No. 265 is in his hands for collection. The bonds shall be redeemed by the collection of special assess- ments to be levied and assessed against the property within the District, payable in ten equal annual installments, with interest at a rate to be hereafter fixed by ordinance, not exceeding 8 1/2% per annum, under the mode of "payment by bonds, " as defined by law and the ordinances of the City. In the case of default in the 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 8% per annum and a penalty of 6% which shall also be collected. The exact form, amount, date, interest rate and denominations of the revenue warrants and local improvement district bonds shall be here- after fixed by ordinance of the City Council. The warrants and bonds shall be sold in such manner as the City Council shall hereafter determine. Section 6. All the 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 reserves the right to reject any and all bids. The call for bids for work authorized pursuant to this ordinance shall include a statement 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 City Treasurer of the City of Kent, for the District, a special fund heretofore designated and referred to as the Local Improvement Fund, District No. 265, 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 collections 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 connection with the improvement, and against which fund cash warrants shall be issued in payment of all other items of expense in connection with the improvement. PASSED by the City Council and APPROVED by the Mayor of the City of Kent, Washington, at a regular meeting thereof, this 2nd day of November, 1970. l r Mayor ATTEST: City Plork rO�M APPROVED: City Attorney rz Published the - --- day of November, 1970 -5- I, MARIE JENSEN, Clerk of the City of Kent, Washington, do hereby certify that the attached copy of Ordinance No. � 6is a true and correct copy of the original ordinance duly passed on the 2nd day of November, 1970, as that ordinance appears on the Minute Bock of the City. DATED this �� day of November, 1970. MARIE JENS ity Cler a Unit A Exhibit A Page 1 Lying within Kent. City Limits That portion of SF, 1/h of Section 16, T22N, 114E, V.A1.: That portion of Section W.m. Tint portion of Blocks 5 and 6 of Federal. Iligilway Addition recorded in Volume, 30 of Plats, Page 1, Ding County and that portion of Interurban Ileights 3rd, 4th, 5th, and 6th Section recorded in Volume, 1.7 of flats, Pages 35, 86, 37, 33 in i{ing County, ',Jas;iington Dnfinnd as Follows: Beginning at NE corner of Lot 9, Bl.ocl: 6 snid Federal Ilighway Addition which corner lies on the v,'ost margin of SIt 99 (Also Known As) Pacific highway South; thence West along North line of said Lot 9 to a point 1.50 feet Nest of and rnensured perpendi_cul_nr to the Nest margin of Sit 99; thence South parallel with t'.ie Nest mar,c,in of SR 99 to Sol.ith line of North 1/2 of Lot 10, Block G of snid Fedornl Ilighwny Addition; thence East along said South line to Vest margin SIZ 99; thence South along West margin SR 99 to NE corner of Lot 11 in Block 6 of said Federal llighwny Addition; thence Gest nlong fiords line of snid Lot 11 to n point 150 feet West of and measurers pc�rpendiculnr to the West margin SR 99; thence South parallel with west margin Si, 99 to a point which lies 50 feet South when measured at Eight nn�;le to the North line of said Lot 11; thence Last parallel with North line of said Lot 11 a distance of 59.71, feet more or less; thence South. parallel with lJest line of said Lot 11 a distance of 40 feet; thence East parnl.lel to North line of said Lot 11 to ,lest margin SIZ 99 thenc,• SoutO n1ong l -Test margin SR 99 to the IIE corner of Lot 16 in Block 6 of said Federal IIighway Addition; thence West along North tine of said Lot 16 to a point 150 feet West of and measured perpendicular to the hest margin SR 99; thence South parallel with 'tMAst margin of SIIZ 99 to a point which lies 10 feet North when measured at Right Angle to South line of Lot 17, Block 6 of said Fedoral Ifighway Addition; thence East parallel with South line of said Lot 17 to West Exhibit A Page 2 M-irc;in SIZ 99; thence South along !Fest margin of SR 99 to the NE corner of Lot 23, t3lock 6 of said Federal. Highway Addition; thence West along North line of said lot 23 to n point 150 feet West of and measured perhendicrrLar to West margin SIZ 99; thence South parallel with West margin of SR 99 to South line of Lot 28 in Block 6 of said Federal Iliglivcny Arld-ition; thence Bast along South line of said Lot 23 to best rnnrgin of SR 99; thence South along West margin of SR 99 to a point of intersection with South line of South 3110th Street; thence Jest Mon- South line of said Street to a point 150 feet West of and rn^nstr.rnd l)nr•pondicular to West margin of SR 99; thence South pnrnllel witll .Jest margin of SiZ ,99 to a point of intersection with South lino of' lot 20, Block 6, Interurban heights 6th Section produced best; thence last I.l.ong said produced South line to SW corner of said ,lot 20; thence South to NW corner of lot 1, Block 7, of Interurban IIei.glits jtli Section; thence Continued along West line of said Block 7 to St1 corner of lot 11 in said Block 7; thence East along the South line of said lot 11 and said South line produced East to West margin of Sit 99; thenc South Tong West margin of SIZ 99 to a point of intersection ,;i_th tyle Easterly extension of South line of lot 3, Block 17 of Interurban llci.ghts, 11th Section; thence Nest along said extended -)oiitli line and South line Lot 33 to a point which lies 150 feet West of and perpendicular to West margin of SIZ 99; thence South- westerly parallel with said West margin to South line of NW 1/4 of SE 1/ 11 Section 21-22-11; thence Last along said South line of Niel 1/4 of SE 1/'1 to a point which lies 200 feet East of and measured pernondicular to Centerline of SR 99; thence Northeasterly parallel with Centerline of SR 99 to the southerly margin of I:ent lies Moines Rond; thence Northwesterly along tient Des Moines Road to the North' Exhibit A Page 3 line Lot 2, Block j Federal Highway Addition; thence hest along the .port'.: line• snid Lot 2 to the East margin of SR 99; thence Nest to NK corner of lot 9,Block 6, Federal highway Addition and the Point of beginning. K 0 Unit V Exhibit A Page It r Lying within King County That Portion of the SL 1//t in Section 1.6, T22N, R11E, King County, ;ashi11gtOil . That portion of Section 21, T22N, R/tE, in King County, .1.7ton. Portions lying within Blocic 6, Federal highway Addition Volum^ 30, P.ge 1, portions lying within Interurban. Heights 11th & 5th Section recorded in Volume 17 of Plats, pages (35 & %J6, -Hing County, 17-1F. ngton, )refined as f_ol.l.ow.s: The Last 150 feet measurerl perpendi- cular to the egt margin of SR 99 (Also Known As) Pacific Ilighway South of the South 1/2 of the Lot 10, Block 6 of said highway Addition. The East 150 fact of Lot 1.1, Block 6 of said Federal Highway Addition meiqurcrl perpendicular to West margin SR 99 lying Soutli of the following described line. Bc inning at NE corner of Lot 11 in said Block 6, thence :;est along Nortla line Lot 11 to a point 150 feet 'Nest of and mf a ur<,<l pe1-pf'11di cular to W'egt margin of SR 99, thence Soutl-i parallel with the e ;t line of said Block 6 to a point which Lies 50 feet South whop measured nt night angle from the North line of said Lot 11, being the bngc riming of line herein described. Thence Last parallel with the North Line of said Lot 11, a distance of 59.711 feet more or less; thence :_youth parallel with the West line of said Lot 11, a distance of 1,0 feet; thence Last parallel with Forth line of said Lot 1.1 to the best margin of SR 99 being the terminus of line herein descrih�d, The Last 150 feet measured perpendicular with ;Jest margin of SR 99 of Lots 12, 13, ]/1, 15, li, 19, 20, 22, 29, 30. The South 10 feet of Lot 17, Lot 21 EXCEPT portion deeded to I:ing County and that portion of Lot 31 lying within East 150 feet, all Lying within saicl I31_ocic 6 and also that portion of Blocks 7 and 3, Interurban IIeights, 5t1i Section and portion of Blocks 17 & 18, Interurban- heights, /ttli Section Beginning at a point on the South line of Lot 20, Block 6 Interurban liei,glits 6th Section Vo.lunae 17, Page 35 cxLendin- Lest which lies 1 30 feet West of and measured perpendi.cul.r.,r to West margin n J Exhibit A Page of SI: 99, thence South parallel with said West margin to a point on the South Line oC Lot 313 in Block 17 of said Interurban heights Addition; thence East along South line said Lots ',(") and 3 11-1d said :;oath .line Extended East to said West margin; ; thence Northeasterly alonc;sn_i(I W st: margin to a point of intersect w -ilii the Easterly extension of lho South line of Lot 11 in said Mock 7; thence IJest nlong said extended South line to the SIJ corner of said Lot 1F in Block 7; t;lence north along West line of said Block 7 ind its ',.est line F>rnrliiced Nor•f:h to the SIJ corner of Lot 20 in I31oc!c 6 of said Interurb<zn Ile]c;hts ()tli ;section; thence lJest along the South line of said Lot 20 produced West to the Point of Beginning. ars 0