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HomeMy WebLinkAbout2103ORDINANCE NO . 7 0 AN ORDINANCE of the City of Kent, Washington, ordering the improvement of a portion of the City by the construction and installation of 10 inch water mains along the alignment of 76th Avenue South from South 208th Street to South 194th Street, together with lateral 10 inch mains at South 206th Street and at the approximate alignments of South 196th Street and South 194th Streets; all in accordance with Resolution 841 of the City Council; establishing Local Improvement District No. 286; providing that payment for the costs of the improvement be made by spe- cial assessments upon the property in the District, payable by the mode of "payment by bonds", or "note in lieu of bonds"; and pro- viding for the issuance and sale of Local Im- provement District warrants redeemable in cash and Local Improvement District Bonds or Note in Lieu of Bonds. WHEREAS, by Resolution 841, adopted April 18, 1978, the City Council declared its intention to order the improvement of a portion of the City by the construction and installation of 10 inch water mains along the alignment of 76th Avenue South from South 208th Street to South 194th Street, together with lateral 10 inch mains at South 206th Street and at the approximate alignments of South 196th Street and South 194th Streets all within the City of Kent, and fixed June 5, 1978 at 8 o'clock p.m. in the Council Chambers in the City Hall as the time and place for hearing of all matters relating to the proposed improvement and all objections thereto and for determining the method of payment for the improve- ment; and WHEREAS, the City Engineer of the City of Kent caused an estimate to be made of the cost and expense of the proposed im- provement and certified that estimate to the City Council, togeth- er with all papers and information in his possession touching the proposed improvement, a description of the boundaries of the Dis- trict, 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- ment outstanding or unpaid against the property 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 the diagram of the proposed improvement showing thereon the lots, tracts, par- cels 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 June 5, 1978, and all persons having been heard, and two written protests having been received, and the Council having considered said written protests at a meeting with said protest- ors on June 12, 1978, and having denied said protests; and WHEREAS, the City Council has determined it to be in the best interest 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 improvement of a portion of the City by the construction and installation of water mains and lateral water mains as more fully described in Exhibit "B" attached hereto and by this reference made a part hereof. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the City's Consul- ting Engineer. The City reserves the right to make changes in such im- provement 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. 286 of the City of Kent, Washington", which district is des- cribed 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 $213,362.00 which 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. 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 b issued in payment of the cost and expense of the improvements here- in ordered to be assessed, such warrants to be payable out of the "Local Improvement Funds, District No. 286", 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, or note in lieu of bonds, herein authorized to be issued, such interest-bearing warrants to be here- after referred to as "Revenue Warrants." The City is authorized to issue local improvement district bonds or note in lieu of bonds for the District which shall bear interest at a rate to be here- after fixed by ordinance, shall be payable on or before twelve(12) years from the date of issuance, the life of the improvement or- dered being not less than the term of the bonds, and shall be is- sued in exchange for and in redemption of any and all revenue war- rants issued hereunder and not redeemed in cash within a period of not to exceed sixty (60) days after the first publication by the Supervisor of Treasury Accounting of notice that the assessment roll for Local Improvement District No. 286 is in her hand for col- lection. The bonds or note in lieu of bonds shall be redeemed by the collection of special assessment to be levied and assessed against the property within the District, payable in ten (10) 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 of bonds", or "note in lieu of 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 ordi- nance 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 tho revenue warrants and local improve- - 3 - ment 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 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 Supervisor of Treasury Accounting of the City of Kent, for the District, a special fund heretofore designated and referred to as the Local Improvement Fund, District No. 286, into which fund shall be deposited the proceeds from the sale of reve- nue 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 connec- tion with the improvement, and against which fund cash warrants shall be issued in payment of all other items of expense in con- nection with the improvement. Section 8. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and pub- lication as provided by law. /// ISABEL HOGAN, (ATTEST: 7n� MARIE JENSW, CITY CLERK ROVED AS TO FORM: U DONALD E. MIRK, CITY ATTORNEY - 4 - 7 PASSED the (APPROVED the PUBLISHED the day of July, 1978. day of July, 1978. �j day of July, 1978. 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. E - 5 - , CITY CLERK (SEAL) 9 EX1IIBIT A PROPOSED L.I.D. 286 Legal Description 7g 'That portion of Section 1, Township 22 North, Range 4 East, W.M., King County; Washington described as follows: Beginning at a point of intersection with the South line of said section and the Westerly margin of Northern Pacific Railroad right-of-way being True Point Of Beginning of property herein described; thence Northwesterly along said Westerly margin to a point which lies 260 feet North of the North margin of South 194th Street; thence West parallel with the North line of said section to the West line of Tract 1, Highway Home Garden Tracts unrecorded; thence South 00 47' Fast a distance of 370 feet to the South margin of South 194th Street; thence South 730 43' West along the South margin of South 194th Street to a point of intersection with the East margin of C.M. r, St. P. Railroad right-of-way; thence South along said East margin to a point of intersection with the Southwest corner of Lot D, B.J.M.S. Short Plat as recorded under A.F. #7506250505 King County, Washington; thence North 570 16126" East 121.68 feet; thence South 880 30'00" East 140 feet; thence South 560 00100" East 380 feet; thence South parallel with the East line of the Southwest quarter of said section a distance of 92 feet to the South line of said section; thence East along the South line of said section to True Point of Beginning. EXHIBITB DATA SHEET L.I.D. 0286 - 76th Avenue Watermain 208th Street to 194th Street LEGAL DESCRIPTION See Exhibit "A" attached and made a part hereto IMPROVIiMENT (Vater Main SIZE ON FROM 10" 76th Avenue 208th Street 10" Permit $ Easement 76th Avenue (Approx. 194th Alignment) 10" Permit � Easement 76th Avenue (Approx. 196th Alignment) 10" 206th 76th Avenue --TOTAL COST HEARING DATE $213,362 June 5, 1978 TO 194th Street 200 feet East 850 feet (Vest 750 feet West