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HomeMy WebLinkAbout2139I I li 4 ,III ORDINANCE NO. �� 3 ; z i 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 �'� C'� - a: drainage and street lighting and by the widening of SE 240th Street to provide a �. left turn pocket at 108th Avenue SE; all 2 in Resolution 85 of the 's accordance with �QP`3 -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 i �R ! 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. i 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 i ',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 i 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 4 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 - 2 - 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 - 3 - ,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 mt&`J NALD E. MIRK, CITY ATTO. - 4 - 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 - 5 - 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