HomeMy WebLinkAbout1759CITY OF KENT, WASHINGTON
ORDINANCE NO.,f
AN ORDINANCE ordering the improvement of an
area of the north part of the City by constructing
and installing eight and twelve inch sanitary sewer
lines in the vicinity of 84th Avenue South (East
Valley Highway) from approximately South 218th
Street to approximately South 212th Street; estab-
lishing Local Improvement District No. 267; 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 "payment by bonds," and by such other
moneys as may become available therefor; and pro-
viding for the issuance and sale of local improvement
district warrants redeemable in cash and local improve-
ment district bonds.
WHEREAS, by Resolution No. 709, adopted December 6, 1971,
the City Council declared its intention to order the improvement of an
area of the north part of the City by constructing and installing eight and
twelve inch sanitary sewer lines in the vicinity of 84th Avenue South
(East Valley Highway) from approximately South 218th Street to approxi-
mately South 212th Street, and fixed January 3, 1972, at 7:00 o'clock p.m.
(PST) in the Council Chambers of the City Hall as the time and place for
hearing all matters relating to that proposed improvement and all objections
thereto and for determining the method of payment for the improvement;
and
WHEREAS, the City Engineer caused an estimate to be made of the
cost and expenses of the proposed improvement and certified that estimate
to the City Council, together with all papers and information in his posses-
sion 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
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, 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 was continued to January 17,
1972, for the hearing of more views of property owners, and all written
protests filed with the City Council on or before January 3, 1972 were duly
considered and overruled, except that the City Council deemed it appropriate
to change the location of the improvement because such change would not
affect the purpose thereof nor the benefits conferred thereby, 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 improvement described in Exhibit B attached
hereto and by this reference made a part hereof is hereby ordered. The
improvement shall be carried out pursuant to the plans and specifications
prepared by the City Engineer. The City Council reserves the right to make
such alterations in the improvement as may be deemed appropriate so long
as such changes do not result in a change in purpose of the improvement.
Section 2. There is hereby created and established a local
improvement district to be called "Local Improvement District No. 267 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 estimated cost and expense of the improvement
is hereby declared to be $168,400.00. Not to exceed the total cost and
expense of the improvement (but no more than $192,671.88) shall be borne
by and assessed against the property specially benefited by that improvement
included in the local improvement district herein established embracing as
near as may be all property specially benefited by the improvement. In the
event the City shall receive moneys from the United States of America or the
State of Washington, or shall have committed available moneys of the City
for financing a portion of the improvement, then the amount to be assessed
against the property in the local improvement district shall be reduced by
the amount of such moneys received or committed, except to the extent such
moneys are needed to pay any costs and expenses of the improvement in
excess of $192,671.88.
Section 4. In accordance with the provisions of RCW 35.44.047,
the City may use any method or combination of methods to compute assess-
ments 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 that portion 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. 267, " 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 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 I y� 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 days after the first publication by the City
-3-
Treasurer of notice that the assessment roll for Local Improvement District
No. 267 is in her hands for collection. The bonds shall be redeemed by
the collection of special assessments to be levied and assessed upon the
property within the district, payable in 1L equal annual installments,
with interest at a rate to be hereafter fixed by ordinance, 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 and a penalty 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 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 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. 267, into which fund shall be deposited City moneys available
for the improvement and 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.
-4-
PASSED by the city Council and APPROVED by the Mayor of the
City of Kent, Washington, at a regular open public meeting thereof, this
7th day of February, 1972.
0
ATTEST:
City,/ Clerk
F M APPROVED:
City Attorney
tic- 00.
967w
Mayor
rc- 8 / I 7 =-)-
FINAL LEGAL DESC.RIf•T10N FOR L.I.U. #;20
November 30, 1971
FXTNTRTT A r
Those portions of Section 12, T22N, R 4E-. W.M., and Section 7,
T22N, R ,SE., tiV.Dt., in King County, Washington defined as follows:
Beginning at the intersection of the east line extended north of
Tract 11, Kent Five Acre Tracts as recorded in Vol. 10, Page 19,
records of King County, Washington, with the intersection of the
south line of the N 1 of the NE -,�� in said Section 12 being the
True Point of Beginning of property herein described; thence
south along said extended line and said east line of Tract 11 to
the NE corner of Tract 10 in said Kent Five Acre Tracts; thence
south along the east line of said Tract 10 to the SE corner
thereof; Also being the SSV corner of Tract 8 in said Kent Five
Acre Tracts; thence east along the south line of Tracts 8, 6,
and 3 in said Kent Five Acre Tracts to a point which lies 170
feet west of SE corner of said Tract 3; thence north 100 feet;
thence east parallel with south line of said Tract 3, a distance
of 200 feet to the centerline of 84th Avenue So. (AKA) East Valley
Highway; thence north along the centerline of said Avenue to a
point which lies 90 feet north of and 30 feet west of the SW
corner of Tract 9, Shinn's Cloverdale Addition, as recorded in
Vol. 6, Page $2, records of King County, Washington; thence east
parallel with the south line of said Tract 9, a distance of 288
feet; thence north at right angles to last described line to the
north line of said Tract 9; Also being the south line of Tract 10
of said Shinn's Cloverdale Addition; thence east along the south
line of said Tract 10, a distance of 18 feet; thence north parallel
with said centerline a distance of 498.78 feet; thence east parallel
with the south line of Government Lot 2 in said Section 7 to the
east line of said lot; thence north along the east line of said lot,
a distance of 124.$ feet; thence west parallel with the south line
of said lot, a distance of 432.30 feet; thence north parallel with
the east line of said lot, a distance of 403.73 feet; thence east
parallel with the north. litio of said (4),.,cri,uu,nt. Lot to tLe east
line of said lot; thence north .lode said coarct line to the ISE
corner of said lot; thence alone Lhc• north amine of said lot
to the YW corner of said loL; thence conLinijina west along the
south line of the north of the NE ' of said Section 12 to the
True Point of Be,,.inning, E-Ncept, anY portions thereof lying within
I:ublic ri*hts-of-way.
EXHIBIT B
(AMENDED)
L.I.D. NO. 267 E.V.H. SANITARY SEWER
(218th Street to 212th Street)
SIZE
ON
FROM
TO
12"
W. Side of EVH
Immediately south of the
926.50' North
intersection of S. 218th
from said
Street & EVH.
Beginning
(Call PT "A ")
8"
Crossing EVH
PT "A"
70' East
12"
W. Side of EVH
PT "A"
269' North
(Call PT "B")
8"
Crossing EVH
PT "B"
70' East
Call PT "C")
8"
E. Side of EVH
PT "C"
481.5' North
(Call PT "D")
8"
Crossing EVH
PT "D"
70' West
I, MARIE JENSEN, Clerk of the City of Kent, Washington,
hereby certify that the attached ordinance is a true and correct copy of.
the original ordinance passed on the 7th day of February, 1972, as
that ordinance appearsa
Minute Book of the City.
DATED thisday of February, 1972.
MARIE [EJ N�City Crk�