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