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HomeMy WebLinkAbout2102M� � ORDINANCE NO. f � AN ORDINANCE of the City of Kent, Washington, ordering the improvement of a por- tion of the City by the construction and in- stallation of asphaltic concrete surface on 72nd Avenue South, 70th Avenue South, South 216th Street and South 220th Street in the area bounded by South 212th Street on the north, a o point approximately 340 feet north of the pro- posed South 224th Street alignment on the south, 68th Avenue South (West Valley Highway) on the west and 72nd Avenue on the east, to provide two (2) through traffic lanes, together with curbs, gutters, storm drains and street light- ing; also by the widening and improvement of West Valley Highway from approximately 600 feet south of South 220th Street to approximately 600 feet north of South 216th Street together with left turn channelization, street lighting, underground power and street drainage; and by the construction and installation of 10 inch water mains and 8 and 12 inch sewer mains or stubs within the above described area; all in accordance with Resolution 842 of the City Coun- cil; establishing Local Improvement District No. 283; providing that payment for the costs of the improvement be made by special assess- ments upon the property in the District, pay- able by the node of "payment by bonds", or "note in lieu of bonds"; and providing for the issuance and sale of Local Improvement District warrants redeemable in cash and Local Improve- ment District Bonds or Note in Lieu of Bonds. WHEREAS, by Resolution 842, adopted May 1, 1978, the City Council declared its intention to order the improvement of a portion of the City by the construction and installation of as- phaltic concrete surface on 72nd Avenue South, 70th Avenue South, South 216th Street and South 220th Street in the area bounded by South 212th Street on the north, a point approximately 34,0 feet north of the proposed South 224th Street alignment on the south, 68th Avenue South (West Valley Highway) on the west and 72nd Ave- nue on the east, to provide two (2) through traffic lanes, togeth- er with curbs, gutters, storm drains and street lighting; also by widening and improvement of West Valley Highway from approximately 600 feet south of South 220th Street to approximately 600 feet north of South 216th Street together with left turn channelization street lighting, underground power and street drainage; and by the construction and installation of 10 inch water mains and 8 and 12 inch sewer mains or stubs 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 deter- mining 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 im- provement and certified that estimate to the City Council, together with all papers and information in his possession touching the pro- posed improvement, a description of the boundaries of the District, a statement of what portion of the cost and expense of the improve- ment 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 es- tate, including 250 of the actual valuation of the improvement 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 on 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 no written protests being received; and WHEREAS, the City Council has determined it to be in the best interest of the City that the improvement as hereinafter des- cribed 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 - 2 - the construction and installation of streets, curbs, gutters, storm drains, underground power, street lighting, left turn channeli- zation, water mains and sanitary sewers as more fully described in Exhibit"B" attached hereto and by this reference made a part here- of. 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 pur- pose of the improvement. Section 2. There is hereby created and established a local improvement district to be called "Local Improvement District No. 283 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 $1,981,316.33 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 be 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. 283", 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 - 3 - (12) years from the date of issuance, the life of the improvement ordered 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. 283 is in her hand for col- lection. The bonds or note in lieu of bonds shall be redeemed by the collection of special assessments 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 the revenue warrants and local improve- 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. 283, 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 agains which fund shall be issued cash warrants to the contractor or contractors in payment for the work to be done by them in connect - tion with the improvement, and against which fund cash warrants shall be issued in payment of all other items of expense in con- - 4 - 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: MARIE JENSEIITY CLERK r. APPROVED AS TO FOIN: ALD E. MIRK, CITY ATTORNEY PASSED the day of June, 1978. APPROVED the day of June, 1978. PUBLISHED the :SJ day of June, 1978. I hereby certify that this is a true copy of Ordinance No. 100-1— , 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. (SEAL) MARIE J S N, CITY ICLERK EXIIIBIT "A" PROPOSED L.I.D. 283 L1'.GAL DESCRIPTION That portion of Section 1, 11, 12, Township 22 North, Range 4 East, W.M., King County, Washington described as follows: Beginning at the Northwest corner of the Northeast quarter of the Southeast quarter of said Section 11; thence Fast along the North line of said sub- division a distance of 40 feet to True Point of Beginning; thence South to a point which lies 30 feet South and 40 feet East of said Northwest corner; thence in a Southeasterly direction to a point which lies North 890 57150" West 108.80 feet from the West line of the Northeast quarter of the Northeast quarter of the Southeast quarter of said Section 11; thence South 890 57'50" East a distance of 108.80 feet to the West ,line of the Northeast quarter of the Northeast quarter of the Southeast quarter of said Section 11; thence South parallel with the East line of said Section 11 to the Southwest corner of the Northeast quarter of the Southeast quarter of the Southeast quarter of said Section 11; thence East along the South line of the Northeast quarter of the Southeast quarter of the Southeast quarter of said Section 11 to the Southeast corner thereof also being the West line of said Section 12; thence North along the West line of said Section 12 to a point which lies 744.88 feet North of the Southwest corner of said Section 12; thence East parallel with the South line of Lot 14, Block,3, Ross Fair Addition, Volume 44, Plats Page 82, records of King County, Washington to the East line of said plat; thence South along the East line of said plat to the North line of Arden Mayfair Division #1 Short Plat as recorded under Af. #7707260758; thence South 880 54150" Fast along the North line of said short plat a distance of 1029.42 feet; thence North parallel with the West margin of P.S.P$L. Co. a distance of 730 feet; thence Fast parallel with the South line of said Section 12 to the West margin of said P.S.P.&L. Co.; thence North along the West margin of said P.S.P.&L. Co. to the North line of the Southwest quarter of said Section 12, also being the South line of the Northwest quarter of said Section 12; thence West along the South line of the Northwest quarter of said Section 12 a distance'of 50 feet; thence North parallel with the West margin of P.S.P.&L. Co. to the North margin of South 212th Street; thence East along said North margin to the West margin of said P.S.P.&L. Co.; thence North along the West margin of said P.S.P.&L. Co. to the North line of said Section 12, also being the South line of said Section 1; thence West along the South line of said Section I to the East line of Tract 5 O'Brien Station Garden Tracts, Volume 12, Plats Page 54, records of King County, Washington; thence North along the East line of said Tract 5 a distance of 165 feet; thence in a Northwesterly direction to a point which lies 410 feet North and 15 feet East of the Southwest corner of said Tract 5; thence South parallel with the West line of said Tract 5 to the South line of said Section 1, also being the North line of said Section 12; thence West along the North line of said Section 12 to a point which lies 40 feet East of the Northeast corner of the Montgomery Short Plat as recorded under A.F. #7611010661; thence South parallel with the East line of said Montgomery Short Plat a distance of 580.17 feet; thence West parallel with the North line of said Section 12 to the Northeast corner of Lot 4 of said Montgomery Short Plat; thence continuing West along the North line of Lot 4, and Lot 3 of said Montgomery Short Plat to the Northwest corner of said Lot 3; thence South along the West line of said Lot 3 to the Southwest corner thereof; thence East along the South line of said Lot 3 a distance of 2S0 feet; thence South parallel with the East line of the Southwest quarter ,--'P;XHIBIT "B" DATA SHEET L.I.D. # 283 West Valley highway Widening, S. 220th Street, S. 216th Street 72nd Avenue and 70th Avenue, Street, Water and Sewer Improvement LEGAL DESCRIPTION See Exhibit "A" attached and made a part hereto. IMPROVEMENT STREET Description: 44 foot wide street with Asphalt Pavement, Conc. Curb and Gutter, Storm Drainage and Street Lighting' ON 72nd Avenue 220th Avenue 70th Avenue FROM 212th Street 72nd Avenue 220th Street TO 220th Street 70th Avenue Approximately 340 feet North of _ Projected S. 224th Street Alignment Description: 36 foot wide street with Asphalt pavement, Conc. Curb and Gutter, Storm Drainage and Street Lighting ON FROM TO 216th Street West Valley Highway 72nd Avenue 220th Street West Valley Highway 70th Avenue Description: Street widening with Asphalt pavement, left turn channelization, Street lighting, underground power and street drainage ON FROM TO West Valley Highway Approximately 600 feet Approximately 600 feet South of S. 220th Street North of S. 216th Street EXHIBIT "B" cont. Data Sheet L.I.D. 28i -2-- April 24, 1978 WATER SIZE ON FROM TO 10" 72nd Avenue 212th Street 220th Street 10" 220th Street 72nd Avenue West Valley Highway 10" 216th Street 72nd Avenue West Valley Highway 10" 70th Avenue 220th Street Approximately 340 feet North of Projected S. 224th Street Alignment SEWER Description: Extended Stubs from Existing Metro lines out from under street pavement and to reasonable working depths SIZE ON FROM TO 8" or 12" 216th Street West Valley Highway 72nd Avenue 8" or 12" 72nd.Avenue 216th Street 220th Street Description: Extend Sanitary Sewer Mains to service adjacent properties SIZE ON FROM TOO 12" 72nd Avenue 216th Street 212th Street 8" 220th Street 72nd Avenue West Valley Highway TOTAL COST $1,981,316.33 HEARING DATE: June 5, 1978 I Proposed : L . I .-D . 283 Legal Description -2- April 1' 1978 of the Northwest quarter of said Section 12 a distance of 720 feet; thence West parallel with the South line of the Northwest quarter of said Section 12 to the West line of said Section 12, also being the East line of said Section 11; thence North along the East line of said Section 11 to a point which lies 690 feet North of the Southeast corner of the Northeast quarter of said Section 11; thence West parallel with the South line of the Northeast quarter of said Section 11 to a point which lies 690 feet East of the West line of the Southeast quarter of the Northeast quarter of said Section 11; thence in a Southwesterly direction to a point which lies 40 feet East and 30 feet North of the Southwest corner of the Southeast quarter of the Northeast quarter of said Section 11; thence South a distance of 30 feet to True Point of Beginning.