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ORDINANCE NO. �� 3
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AN ORDINANCE of the City of Kent,
Washington, ordering the improveme#it,.of
a portion of the City by the construction
and improvement of 108th Avenue SE from
SE 240th Street to approximately 100 feet
north of SE 236th Place by the construc,
tion of a 36 foot wide street with asph,,V�'F Ci
pavement, concrete curb and gutter, storm
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drainage and street lighting and by the
widening of SE 240th Street to provide a
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left turn pocket at 108th Avenue SE; all
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in Resolution 85 of the
's
accordance with
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-City Council; establishing Local Improve-
290; that
j
ment District No. providing pay-
ment for the costs of the improvement be
made by special assessments upon the prop-
erty in the District, payable by the mode
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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 Improvement
District Bonds or Note in Lieu of Bonds.
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WHEREAS by Resolution 852, adopted November 20, 1978'
r'the City Council declared its intention to order the improvement
;hof a portion of the City by the construction and improvement of
108th Avenue SE from SE 240th Street to approximately 100 feet
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',north of SE 236th Place by the construction of a 36 foot wide j
street with asphalt pavement, concrete curb and gutter, storm
',drainage and street lighting and by the widening of SE 240th
Street to provide a left turn pocket at 108th Avenue SE all with-
, in the City of Kent, and fixed December 18, 1978 at 8 o'clock
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p.m. in the Council Chambers in the City Hall as the time and
place for hearing of all matters relating to the proposed improve-!
ment and all objections thereto and for determining the method of
payment for the improvement; and
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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, to-
gether 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 pro-
posed District, a statement in detail of the local improvement
assessment outstanding or unpaid against the property in the pro-
posed 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 December 18, 1978, and no persons appeared at the hear-
ing and no written protests were received; 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 orders improvement of a portion of the City by the
construction and installation of asphaltic pavement street, con-
crete curb and gutters, storm drainage and street lighting and
a left turn pocket as more fully described in Exhibit "B" attached
hereto and by this reference made a part hereof.
All the foregoing shall be in accordance with the
plans and specifications therefore prepared by the City's
Consulting Engineer.
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 Dis-
trict No. 290 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 $113,786.00 which shall
be borne by and assessed against the property specially benefited
by the improvement to be included in a local improvement district
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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 Improvmeent Funds, District No. 290", 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 au-
thorized 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 im-
provement 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 (60) days after the first publi-
cation by the Supervisor of Treasury Accounting of notice that
the assessment roll for Local Improvement District No. 290 is in
her hand for collection. 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, un-
der 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 be-
come 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
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,manner as the City Council shall hereafter determine.
Section 6. All work necessary to be done in connec-
tion with the making of the improvement shall be done by and made
by contract upon competitive bids and the City shall have and re-
serves 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 inl
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. 290, into
which fund shall be deposited the proceeds from the sale of rev-
enue 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 con-
nection 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
publication as provided by law.
1 ATTEST :
(MARIE JENS ,)CITY CLERK
PROVED AS TO FO
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NALD E. MIRK, CITY ATTO.
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ISABEL HOGAN, _MAYOR
PASSED the
day
of
January,
1979.
APPROVED the
day
of
January,
1979.
PUBLISHED the -
day
of
January,
1979.
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.
(SEAL;
MARIE',J SEN, ITY CLERK
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108TH AVENUE STREET IMPROVEMENT
PROPOSED L.I.D. 290
EXHIBIT '''A''
1111 that portion of the South half of Section 17, Township 22 North, Range 5
East W.M. in King County, Washington, described as follows:
Beginning at the South quarter corner of said Section 17; thence North
along the North-South centerline of said Section a distance of 30 feet
to a point on the North margin of S.E. 240th Street said point being the
True Point of Beginning of the herein described property; thence West
along said North margin a distance of 319.24 feet; thence North parallel
to the said North-South centerline of Section 17 a distance of 428.93
feet, more or less, to a point which is South 000 0448" East a distance
of 243.94 feet from the North-South centerline of S.E. 238th Street;
thence South 89° 4243" East a distance of 320 feet, more or less, to the
said North-South centerline of Section 17; thence North along said centerlin
a distance of 858.94 feet, more or less, to the Northwest Corner of the
Southwesj quarter of the Southeast quarter of. said Section 17; thence
South 89 39146" East along the North line of said Southwest quarter of
the Southeast quarter to a point which is a distance of 570 feet West of
the Northeast corner of said Southwest quarter of the Southeast quarter;
thence South parallel with the East line of said Southwest quarter of the
Southeast quarter to a point on the North margin of S.E. 240th Street;
thence West along said North margin to the North-South centerline of said
Section 17; thence South along said centerline a distance of 20 feet, more
or less, to the True Point of Beginning of the herein described property.
'--k'
EXHIBLT "B"
DATA SHEET
L.I.D. 290 - 108t.h Avenue Street Improvement
240th Street to 236th Place
LEGAL DESCRIPTION
See Exhibit "A" attached and made a part hereto
IMPROVEMENT
STREET
Description: 36 -foot wide street with asphalt pavement, cone.,
curb and gutter, storm drainage and street lighting.
ON FROM TO
108th Avenue 240th Street Approximately 100
feet north of 236th
Place
Description: Street widening for left turn pocket with asphalt
1 pavement.
ON
240th Street
TOTAI, COST: $113,786
HEARING DATL': December 18, 1978
108th Avenue