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HomeMy WebLinkAbout2105ORDINANCE NO. � 10-50 ORDINANCE of the City of Kent, Washington, ordering the improvement of a portion of the City by the construction and installation of 8 inch, 10 inch and 12 inch sanitary sewers in, along and near 94th Place South and South 218th Street in the area bounded by South 218th on the south, a point 1,650 feet north of South 218th Street on the north, a point 400 feet west of 94th Place South on the west, and a point 300 feet east of 94th Place South on the east; all in ac- cordance with Resolution 843 of the City Council; establishing Local Improvement Dis- trict No. 287; providing that payment for the costs of the improvement be made by special assessments upon the property in the District, payable by the mode 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 Lo- cal Improvement District Bonds or Note in Lieu of Bonds. WHEREAS, by Resolution 843, adopted May 15, 1978, the City Council declared its intention to order the improvement of a portion of the City by the construction and installation of 8 inch, 10 inch and 12 inch sanitary sewers in, along and near 94th Place South and South 218th Street in the area bounded by South 218th Street on the south, a point 1,650 feet north of South 218th Street on the north, a point 400 feet west of 94th Place South on the west, and a point 300 feet east of 94th Place South on the east all within the City of Kent, and fixed June 19, 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 im- provement and all objections thereto and for determining the meth- od 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, 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, 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 June 19, 1978, and all persons having been heard, and one written protest having been received, and the Council having considered said written protest at a meeting with said protestor on June 26, 1978 and having denied said protest; 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, Wash- ington orders improvement of a portion of the City by the construc- tion and installation of sanitary sewers 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 therefore 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 Dis- trict No. 287 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 $232,639.02 which shall be borne by and assessed against the property specially benefited - 2 - by the improvement to be included in a local improvement district to be established embracing as near as may be all property spe- cially 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 herein ordered to be assessed, such warrants to be payable out of the "Local Improvement Funds, District No. 287", hereinafter creat• ed and referred to as the "Local Improvement Fund", to bear inter- est from the date thereof at a rate to be hereafter fixed by ordi- nance 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 hereafter referred to as "Revenue Warrants." The City is autho. rized to issue local improvement district bonds or note in lieu of bonds for the District which shall bear interest at a rate to be hereafter fixed by ordinance, shall be payable on or before twelve (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. 287 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) equa. 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. - 3 - 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 reserve! 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 u- pon 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. 287, 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 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. ATTEST: MARIE JENSE , CITY CLERK PROVED AS TO FORM: ""a NALD E. MIRK, CITY ATTORNEY - 4 - ISABEL HOGAN, MAYOR PASSED the day of July, 1978. APPROVED the / day of July, 1978. PUBLISHED the 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. - 5 - L) EXHIBIT "Nit L.I.D. #287 PRELIMINARY LIEN L.I.D. BOUNDARY DESCRIPTION 4/25/78 That portion of Section 7 Township 22 North Range 5 East "A, described as uarter follows: quarter of the Northeast q BEGINNING; thence West along the Nthelnceline conthnuing ere of Beginning at the Northeast corner of the SouthwestStreet; being the TRUE POINT OF in of South 212th S Point which lies to a point on the Southerly g said Southerly margin to a P in a Westerly direction along to a point on the North line of the Northwest corner of sand subdivision. Thence Sou d 367.82 feet East uarter of said quarter of the Northeast q of 78.16 feet; parallel with the Nest line of said subdivision of the South half of the Southwesteoth line thereof a ondis theline of the section; thence (Vest along quarter; thence South p quarter of the Northeast parallel with said Nest line to a thence South feet; arallel North half of the South half lineha distance of 16.66 thence East p thence Nest along e No quarter of said section distance i fa ce Of parallel with said }Vest Pine a distance of 164.94 feet; 94 with the South line of t parallel with said West lin quarter of said section; 11.00 feet; thence South p distance of 45.75 point on the Sout}line of h line of staid Northeastquartera feet to a P �, said quarter of the thence East along thence in a thence South parallel with the West line of 150.00 feet; feet, point on the North margin of Southeast quarter of said Section direction to a point on the said North margin to a P quarter; straight line in a SthencesEasterlyalong quarter of the Southeast South 218th Street; East line of the North half of the Northwest q quarter of they aid thence North along the East line to the Northeas soiuthf thewestsqua North ha thence continuing North along the East line o Northeast quarter to the Northeast corner thereof and the TRUE POINT 0' BEGINNING. Subject to revision upon examination of record title. .4 IiXI i 1 li 1'1' "i3" DATA SHEET L.I.D. #287 94TI1 PLACE SANITARY SEiIERS VICINITY OF 218TH STREET AND 212TH STREET LEGAL DESCRIPTION See Exhibit "A" attached and made a part thereto. IMPROVEMENT SANITARY SEWER SIZE ON 12" Easement 12" 12" 12" 10" 10" 10" Easement Easement Easement FROM A point on 218th St. which lies 300 feet west of 94th Place Point "A" Point "B" Point "C" 94th Place S. 218th Street 94th Place Point "E" 94th Place Point "F" TO A point approximately 6S0 feet North of 2181:11 street and 400 feet West of 94th Place and designated as Point "A" A point approximately 1000 feet North of 218th Street and 350 feet West of 94th Place and designated as Point "B" A point approximately 1300 feet North of 218th Street and 275 feet Nest of 94th Place and designated as Point "C". A point approximately 1650 feet North of 218th Street and 275 feet West of the projected northerly alignment of 94th Place and designated as Point "D" A point approximately 220 feet North of 218th Street and designated as Point "E" A point approximately 500 feet North of 218th Street and designated as Point "F" A point approximately 650 feet North of 218th Street _ DATA SHEET L.I-,D. #287 FMITBIT "T" _2_ May 10, 1978 SIZE ON FROM 8" Easement Point "D" 8" Easement Point "B" 8" Easement Point "F" 218th Street 300 feet West of 94th Place South 611 Easement Point "C" 6" Easement 'Point "E" TO East 400 feet 94th Place South East 220 feet 300 feet East of 94th Place South 160 feet East 150 feet East TOTAL PROJECT COST: $232,639.02 HEARING DATE ON PRELIMINARY ASSESSMENT ROLL: J��e tq, tq�8 ks