HomeMy WebLinkAbout1757ORDINANCE NO. 76
AN ORDINANCE ordering the improvement
of a certain area of the City by the con-
struction and installation of asphaltic
concrete surface on 84th Avenue South to
provide four (4) through traffic lanes
with a fifth (5th) lane to provide a two-
way left turn lane and a channelization
and signalization at South 212th Street
and South 228th Street, together with the
construction and installation of curbs
and gutters, storm drains, illumination
and underground power, all in accordance
with Resolution No. 708 of the City Coun-
cil; establishing Local Improvement Dis-
trict No. 272; 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 improve-
ment district warrants redeemable in
cash and local improvement district bonds.
WHEREAS, by Resolution No. 708, adopted November 15,
1971, the City Council declared its intention to order the im-
provement of a certain area of the City located generally along
84th Avenue South by constructing and installing additional traf-
fic lanes, signalization and channelization, curbs and gutters,
storm drains, illumination and underground power, and fixed Dec-
ember 20, 1971, at 7:00 o'clock p.m. (PST) in the Council Cham-
bers of the City Hall as the time and place for hearing all mat-
ters relating to the proposed improvement and all objections
thereto and for determining the method of payment for the im-
provement; and
WHEREAS, Hill, Ingman and Chase, consulting engineers
of the City of Kent caused an estimate to be made of the cost
and expenses of the proposed improvements and certified said es-
timate to the City Council, together with all papers and informa-
tion in its possession touching the proposed improvement, a des-
cription of the boundaries of the District, a statement of what
portion of the cost and expense of the improvement should be born
by the property within the proposed district, a statement in de-
tail 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 dis-
trict, according to the valuation last placed upon it for the pur-
pose of general taxation; and
WHEREAS, that estimate is accompanied by a diagram of
the proposed improvement showing thereon the lots, tracts, parcel
of land, and other property which will be specially benefited by
the proposed improvement, and the estimated amount of the cost
s
and expense thereof to be borne by each lot, tract, and parcel ofl
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 appear-
ing 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 herein-
after described be carried out and that a local improvement dis-
trict 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 the City
by the construction and installation of asphaltic concrete sur-
face on 84th Avenue South to provide four (4) through traffic
lanes with a fifth (5th) lane to provide a two-way left turn lane
and a channelization and signalization at South 212th Street and
South 228th Street, together with the construction and installa-
tion of curbs and gutters, storm drains, illumination and under-
ground power.
All of the foregoing shall be in accordance with the
plans and specifications therefore prepared by the Consulting
Engineer.
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Section 2. There is hereby created and established a
local improvement district to be called "Local Improvement Dis-
trict No. 272 of the City of Kent, Washington", which district
is described as follows:
Beginning at the intersection of the
South line of Section 12, Township 22 North,
Range 4 East, W.M. with a line 642.00 feet
Westerly of and parallel with the East line
of said Section 12;
Thence Northerly along said parallel line
to its intersection with the South margin
of South 212th Street;
Thence Easterly along said South margin
to its intersection with a line 642.00
feet Easterly of and parallel with the
West line of Section 7, Township 22 North,
Range 5 East, W.M.;
Thence Southerly along said parallel line
to its intersection with the North line of
Section 18, Township 22 North, Range 5 East,
W.M.;
Thence continuing Southerly along a line
642.00 feet Easterly of and parallel with
the West line of said Section 18, to its
intersection with the Northwesterly margin
of Primary State Highway No. 5 (SR 167);
Thence Southwesterly, along said North-
westerly margin to its intersection with
a line 193.00 feet Westerly of and parallel
with the East line of Section 13, Township
22 North, Range 4 East, W.M.;
Thence Northerly along said parallel line
to its intersection with the North line of
said Section 13 which is also the South
line of said Section 12;
Thence Westerly along said South line to the
Point of Beginning.
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Section 3. The total estimated cost and expense of that
limprovement is hereby declared to be $1,100,000. Not to exceed
1$67,000 of the cost and expense of that improvement shall be borne
:by and assessed against the property specially benefited by such
improvement included in the local improvement district herein es-
tablished embracing as near as may be all property specially bene-
fited by -the improvement.
Section 4. The nature of the improvement provided for
herein is such that the special benefits conferred upon the pro-
perty in the local improvement district herein created are not
fairly reflected by the use of the zone and termini method of
assessment, therefor, it is provided and ordered that the assess-
ments shall be made against the property of the district in ac-
cordance with the special benefits it will derive from the im-
provement without regard tc the zone and termini method provided
by statute.
Section 5. Local improvement district warrants shall bei
issued in payment of the cost and expense of the improvement here-'
in ordered to be assessed, such warrants to be payable out of the j
"Local Improvement Fund, District No. 272," 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
and not to exceed the maximum permitted by law and to be redeemed
in cash, and/or by local improvement district bonds, herein autho-
rized to be issued, such interest-bearing warrants to be hereafter'
referred to as "revenue warrants." The City is authorized to issu
'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 issued hereunder and not redeemed
,in cash within a period of not to exceed sixty (60) days after thel
first publication by the City Treasurer of notice that the assess
(Iment roll for Local Improvement District No. 272 is in her hands
for collection. The bonds shall be redeemed by the collection of
special assessments 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 exceed-'
ing the maximum permitted by law 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 the maximum permitted
by law and a penalty of 6% which shall also be collected. The
exact form, amount, date, interest rate and denominations of the j
revenue warrants and local improvement district bonds shall be
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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.
Section 6. All the work necessary to be done in con-
nection 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. 272, 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.
Section 8. This Ordinance shall take effect and be in
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force five (5) days from and after its passage, approval and
publication, as provided by law.
PASSED by the City Council and approved by the Mayor
of the City of Kent, Washington, at a regular meeting thereof,
this 3rd day of January, 1972.
ISABEL HOGAN, MAYQA
ATTEST:
MARIE JENSEW-, 'City Clerk
A PROVED AS TO FORM:
ALD E. MIRK, City Attorney
PASSED the ` .1 day of January, 1972.
APPROVED the - day of January, 1972.
PUBLISHED THE / day of January, 1972.
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 here
on indicated.
( S EAhi )
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MARIE JENS City Clerk