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HomeMy WebLinkAbout1760y CITY OF KENT, WASHINGTON ORDINANCE NO. 1 7 W AN ORDINANCE ordering the improvement of West Gowe Street from South 4th Avenue to South 6th Avenue and South 6th Avenue from West Gowe Street to West Meeker Street by constructing approximately 1115 lineal feet of two lane street, which will vary in width from 34 feet to 40 feet between curbs, and which will include asphalt concrete pavement, cement concrete curbing and gutters, cement concrete sidewalks, storm drains, illumination, landscaping, underground power and communication systems, and an improved railroad crossing with cantilever signal lights, all in accordance with Resolution No. 715 of the City Council; establishing Local Improvement District No. 262; 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. 715, adopted January 17, 1972, the City Council declared its intention to order the improvement of West Gowe Street from South 4th Avenue to South 6th Avenue and South 6th Avenue from West Gowe Street to West Meeker Street by constructing approximately 1115 lineal feet of two lane street, which will vary in width from 34 feet to 40 feet between curbs, and which will include asphalt concrete pavement, cement concrete curbing and gutters, cement concrete sidewalks, storm drains, illumination, landscaping, underground power and communication systems, and an improved railroad crossing with cantilever signal lights, and fixed February 7, 1972, at 7:00 o'clock p.m. (PST) in the Council Chambers in the 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 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 out- standing 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 at such hearing no written protests were received; 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 West Gowe Street from South 4th Avenue to South 6th Avenue and South 6th Avenue from West Gowe Street to West Meeker Street by constructing approximately 1115 lineal feet of two lane street, which will vary in width from 34 feet to 40 feet between curbs, and which will include asphalt concrete pavement, cement concrete curbing and gutters, cement concrete sidewalks, storm drains, illumination, landscaping, underground power and communication systems, and an improved railroad -2- crossing with cantilever signal lights. 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. 262 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 that improvement is hereby declared to be $214,180.00, of which it is estimated that $31,400.00 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 embracing as near as may be all property specially benefited by the improvement. The balance of the cost and expense of such improve- ment shall be payable from other funds available to the City therefor. Section 4. In accordance with the provisions of PCW 35.44.047, the City may use any method or combination of methods to compuete 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 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. 262," 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 issued hereunder and not redeemed in cash within a period of not to exceed isle sixty days after the first publication by the City Treasurer of notice that the assessment roll for Local Improvement District No. 262 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 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 1/2% 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 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. 262, 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, moneys contributed by the City toward the cost of the improvement, 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 open public meeting thereof, this 22nd day of February, 1972. Mayor A TTES T: J Y City C erk F M APPROVED: City Attorney -5- rye°'"+fj'A k..;t I LLGAL DESCRII TION FOR LID 262 (GOWE ST. DIP-) That portion of the north half of Section 24 Township 2-2 Range 4 EWM; that portion of Blocks 1$, 18 and 23 in the Plat of Yesler's lst Addition to the Town of I:ent, recorded in Volume S of Plats, I -a -e 64, King County, Ilashington, and that portion of Bloc[: 1 in the Flat of Car Line Addition to hent recorded in Vol.uroe 10 of Plats, Page 83, I�:in� County, 1ti�zsiiingtun described as L'ollows: Beginning at a I;oint which lies �)O feet south of Meeker Street and 180 Leet west, of the west line of said Block 15, being the True Point of Beginning of property herein described; thence east on a line which is 1_ arallei with and 90 feet south of said Street to the northwest corner of Lot 18 in said Block 15; thence continuing east along the north lines of Lots 18, 1_7, 1-6, 1$, 14, 13, 12, 11 and 10 to the northeast corner of said Lot 10 in said Block 15; thence south along the east line of said Lot 10 to the southeast corner of said Lot 10; thence continuing south to the northeast corner of Lot 6 of said Block 18; thence continuin.- south alonl- the east line of Lots 6, S and 4 to the southeast corner of LOt 4 in said Block 18; thence west along the south line of said Lot 4 to the southwest corner of said Lot 4, which point is also the southeast corner of Lot 9 in said Block 18; thence continui►►-, west along the south line of said Lot 9 to the southwest cor►►c.r of said Lot 9; thence continuing west, to the scutheatit corner of said Lot 4 in said Block 23; thence continuing.ltiest alone, the south line of said. Lot 4 in said Block 23 to the southi%est corner of said Lot 4 in said Block 23; thence southwesterly on a line to a point ori the west line of said Block 2^, which said point lies 10 feet south of the northwest corner of Lot. 10 in said Block 23; thence continuin- southwesterly on a line whi ch is a production oi' said southwesterly line a distance of 0'' . 2 feet to a point on a curve to the right with a radius of feet: thence in a northwesterly dirr.ction on said city-ve to 111r. right, a distance of 90 feet + to a point which lies ISO ieet west of the west line of said Block 23; thence north and parallel wi.th the west line of said Blocks 23 and IS, a distance of 367 feet + to the True Point of Beeirenin'-.