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HomeMy WebLinkAbout1780e CITY OF KENT, WASHINGTON ORDINANCE NO. Mb AN ORDINANCE ordering the improvement of a portion of the City in the vicinity of South 228th Street east of Central Avenue by the acquisition, purchase, construction and installa- tion of sanitary sewers and water mains, all in accordance with Resolution No. 724 of the City Council; establishing Local Improvement District No. 273; providing the method of assessment in the District; providing that payment for part of the costs of 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. 724, adopted June 5, 1972, the City Council declared its intention to order the improvement of a portion of the City in the vicinity of South 228th Street east of Central Avenue by the installation of sanitary sewers and water mains, and fixed July 3, 1972, at 8:00 o'clock p.m. 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 that 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 assess- ments 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 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 a portion of the City in the vicinity of South 228th Street east of Central Avenue by the acquisition, purchase, construction and installation of sanitary sewers, as described in Exhibit B attached hereto and by this reference made a part herein, which shall include all manholes, joints, fillings and appurtenances, and water mains, as described in Exhibit C, attached hereto and by this reference made a part hereof, which shall include all valves, fittings and appurtenances. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the City Engineer. -2- The City reserves the right to make changes in such improvement as long as such changes do not materially affect the purpose of the improvement. Section 2. There is hereby created and established a local improvement district to be called "Local Improvement District No. 273 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 $262,100.00, of which it is estimated that $65,000.00 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 improvement shall be payable from grants from the Economic Development Administration of the United States of America and the Economic Assistance Authority of the State of Washington and from other funds available to the City therefor. Section 4. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute assessments 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. 273," 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 authoriLed to be issued, such interest-bearing warrants to be hereafter referred to as -3- "Revenue warrants." The City is authorized to issue local improve- ment 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 days after the first publication by the City Treasurer of notice that the assessment roll for Local Improvement District No. 273 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. -4- 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. 273, 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, grant moneys and other 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 17th day of July, 1972. ATTEST: C Clerk FEAPPROVED: &,.Lj L "--yu City Attorney -5- i Mayor (J r alk EXHIBIT -.r. - Lin No. 273 peginning . ata point on the west line of Section 18,! �• ship' 22, gaffe g,t+J * I which lies 1190.82 feet north of south Town ' �line of Government Lot 2s thence north 76' 07' 04" E 30.91 feet •' `� ,.more or less to: the' east margin of East Valley Highway being the ;•'tro® point of beginnings thence continue north 76' 07' 04" E�- `{" -vI75092 feet more or less to a point which lies 200 feet east .. ^when measured. at right angle® to said west line of Section 18,. w .said ' township .,,Range 3. 8.i+1.M.s thence south parallel with'said line 186.E feat more or less to a point which lies 1052.80 . .• *feet north..oi south- line of GL 21 thence east parallel with the ' north ln+�; of :GL 2.150 feats thence north parallel with the west ., linesaid'section a distance of 25.96 feet] thence east parallel 3 with the north, line ''of GL 2 a distance of 140 feats Chance south �.parallml.with-said west line of said section a distance of 342.64 rta©t more or less apoint which lies 736.12 feet north of said 1 t ;GL 2 thenceest.parallel with the north line of GL 2 to a point which lies 736.12 feet north and 320 feet east of Southwest cor-• , 1' ner of GL 21.�thence south pazallol.with the west line of'aaid a®ation.'a:distanee of'126,71 feet; thence east parallel with.the ` r..north lin®; of -GL 2 to a point which lies 713 feet west of the #east line of isorthwest 1/4 of said section and 709.50 feets©uth of.north- line: of GL 21 thence north parallel with the east lin® • of said'northwest 114: 305.25 feats thence east 60 feet more or, ,less to 'a point which.lies 654.78 feet east, of west line : of north ; west 1/4,of. said section= thence north parallel with the east line_ of seid norttiwest `1/4 to the south line of Frontage Service Road' ("A South :228th Streets; thence west 20 feet more or ices to A t {,..- point which lies 1846,93 ,feet east of west line of said:heetionj thoncv north parallel:with.the east line of said northwest 1/4'to tho north line of that certain centerline of that ` certain Lane -ass dedicatsd on the face of the plat of Shinn#a Garden Addition toy int as recorded in Volume 8 of plat page I in icing County, 'Wash—' ington; thence west along said centerline to the southeasterly •margin of Primary State Highway No. 5, thence southwesterly along said southeasterly margin to a point of intersection with the east margin of 84th Avenue South (AKA East Valley Highway) thence south '.along.said east margin of 84th Avenue South to the true point of beginning. EXHIBIT "B" PROPOSED SANITARY SEWER ON SOUTH 228th STREET EAST OF EAST VALLEY HIGHWAY L.I.D. NO. 273 SIZE ON FROM TO LENGTH 15" S. 228th St. E. V. Highway Frontage Road 12001 (88th Ave.) 12" S. 228th St. Frontage Road 500' East to (88th Ave.) Point "A" 500' 8" Easement S. 228th St. 200' South 200' (at Point "A") 8" Frontage Road S. 228th St. 400' North 400' (88th Ave.) 8" Jason Ave. S. 228th St. 600' South 600' Extension 8" 86th Ave. S. S. 228th St. 570' South .570' 8" 85th P1. S. S. 228th St. 440' North 440' SIZE W6 10" EXHIBIT "C" PROPOSED WATER MAIN ON SOUTH 228TH STREET EAST OF EAST VALLEY HIGHWAY L.I.D. NO. 273 ON FROM TO 86th Ave. S. 228th St. 670' South Frontage Road S. 228th St. 650' North (88th Ave.) LENGTH 670' 650' 8" Jason Ave. S. 228th St. 670' South 670' Extension