HomeMy WebLinkAbout2167ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, ordering the improvement of a
portion of the City by the improving and wid-
ening of 104th Avenue SE from SE 235th Street
to SE 242nd Street and the improving and wid-
ening of SE 240th Street from 104th Avenue SE
to 108th Avenue SE by the construction of 58
foot and 47 foot wide streets with asphalt
pavement, channelization, concrete curbs and
gutters, concrete sidewalks, storm drainage,
underground power, street lighting and traf-
fic signal revision, all in accordance with
Resolution 867 of the City Council; establish-
ing Local Improvement District No. 292, pro-
viding that payment for the costs of the im-
provement 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 Local Improvement Dis-
trict Bonds or Note in Lieu of Bonds.
WHEREAS by Resolution 867, adopted May 7, 1979, the
City Council declared its intention toward the improvement of a
portion of the City by the improvement and widening of 104th Ave-
nue SE from SE 235th Street to SE 242nd Street and the improving
and widening of SE 240th Street from 104th Avenue SE to 108th
Avenue SE by the construction of 58 foot and 47 foot wide streets
with asphalt pavement, channelization, concrete curbs and gutters,
concrete sidewalks, storm drainage, underground power, street
lighting and traffic signal revision, and fixed June 4, 1979 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 propos-
ed improvement and all objections thereto and for determining 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
improvement and certified that estimate to the City Council, to-
gether with all papers and information in his possession touching
the proposed improvement, and 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, 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 4, 1979, and all persons having been heard, and
no protests having been 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, hereby orders the improvement of a portion of the City
by the improving and widening of 104th Avenue SE and SE 240th
Streets 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 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. 292 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 One Million, One Hundred
Eleven Thousand Dollars ($1,111,000), One Hundred Fifty -Six Thou-
- 2 -
sand, Nine Hundred Forty -Seven and 46/100 Dollars ($156,947.46)
of which shall be borne by and assessed against the properties
specially benefited by the improvement to be included in the Local
Improvement District hereby 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 assessment 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. 292", hereinafter cre-
ated and referred to as the "Local Improvement Fund", to bear in-
terest 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 war-
rants to be hereafter 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 1,
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 with-
in a period of not to exceed sixty (60) days after the first pub-
lication by the Supervisor of Treasury Accounting of notice that
the assessment roll for Local Improvement District No. 292 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
sand assessed against the property within the District, payable in
ten (10) equal installments, with interest at a rate to be here-
after 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 payment of any assessment when the same shall become
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
- 3 -
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
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 reserv-
es the right to reject any and all bids. The call for bids for
work authorized pursuant to this Ordinance shall include a state-
ment 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. 292, 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 contract-
or or contractors in payment for the work to be done by them in
connection with the improvement, and against which fund cash war-
rants shall be issued in payment of all other items of expense in
connection 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.
r _
ISABEL HOGAN, MAYOR
ATTEST:
RIE JE , EN CITY CLERK
AP ROVED AS TO FORM:
DONALD E. MIRK, CITY ATTORNEY
- 4 -
PASSED the day of June, 1979.
APPROVED the ice( day of June, 1979.
PUBLISHED they day of June, 1979.
I hereby certify that this is a true copy of Ordinance
No. e-3 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)
MARI DENSE , CITY CLERK
- 5 -
EXHIBIT "A"
PRELIMINARY BOUNDARY '�HSCRIPTION FOR LID #292
April 2, 1979
Those portions of the Southwest ivarter 17-22-5 and those portions
of the Northwest quarter 20-22-5 described as follows:
Beginning at the Southwest corner of Tract 4 R. 0. Smiths Orchard
"Tracts to Kent as recorded in Volume 12 of plats, page 22 King County
being the TRUE POINT OF Bl'GINNING of property herein described; thence
northerly along the IVcst line and said lines northerly production
t8 a point in the North margin of S.E. 240th Street; thense North
1 02100" East a distance of 261.91 feet; theace South 88 44'17"
East a distance of 30.00 feet; thence North 0 00'55" West to a
point in the SOuth line of the Northwest quarter of the Southwest
quarter of said Section 17; thence westerly along said South line
to the Southwest corner of East half of the South half of the North-
west quarter of Southwest quarter; thence northerly along the West
line of said East half of South half to the Northwest corner of
the South half of South half of last half of Northwest quarter of
Southwest quarter; thence easterly along the North line thereof and the
easterly production of the North line thereof to a point in the
East margin of 104th Avenue S.E.; thence southerly along said East -
margin to a point oil the South margin of 5.F,. 236th Place; thence
caster'ly along said South margin to a point on the West line of the
East 428.00 :feet of the Northwest quarter of the Southeast quarter
of the Southwest quarter of said Section 17; thence southerly along
the East line thereof to a point of the North lane of the Southwest
quarter of the Southeast quarter of the Southwest quarter of said
Section 17; thence easterly along the North line thereof to the
Northwest corner of Lot 8 Benson Crest 113 as recorded in Volume 83
of plats, page 93 King County; thence southerly along the West line
of said Lot 8 to the Southwest corner thereof; thence South 890
42' S3" East along the South line of said Benson Crest #3 to the
Southeast corner of Lot 9 in said Benson Crest N3; thence southerly
to the Northwest corner of Lot 2 Nurlow Short Plat recorded under
King County and Pile N78122000838; thence easterly along the North
line of Lot 2 and Lot 1 in said short plat to a point on the (Vest
margin of 108th Avenue S.L'.; thence southerly along the West margin
thereof to 'a point on the northerly nargin of S.E. 240th Street;
thence westerly along the northerly margin thereof to a point of
intersection with the northerly extension of the easterly line of the
Kent Shopping Centel, Short Plat as recorded under and Pile #7612100665;
"thence southerly along said easterly extended line to the Southeast
corner of said Shopping Center Short Plat; thence westerly along the
South line of said Shopping Center Short Plat and said South line
thereof extended westerly to the 'TRUE POINT OF BEGINNING
EXCEPT any portions thereof lying within public right-of-way.
EXHIBIT "B"
L.I.D. #292
104th Avenue Street Improvement
235th Street - 242nd Block
LEGAL DESCRIPTION
See Exhibit "A" attached and made parts thereof
STREET IMPROVEMENTS
Description: Widening and/or reconstructing street to 58 feet wide
with asphalt pavement, channelization, concrete curb
and gutter, concrete sidewalks, storm drainage, under-
ground power, street lighting and traffic signal re-
build at intersection of 240th Street and 104th Avenue.
MIT
104th Avenue SE
SE 240th Street
FROM
235th Street
104th Avenue SE
mn
242nd Block
900 feet east of
104th Avenue
Description: Widening and or resonctructing street 47 feet wide
with asphalt pavement, channelization, concrete curb
and gutter (north side only), concrete sidewalk
(north side only), storm drainage, underground power
and street lighting.
ON
SE 240th Street
Total Project Cost:
LID Share:
FROM
900 feet east
of 104th Avenue
$1,111,000.00
$ 156,947.46
mn
108th Avenue SE
Hearing Date on Preliminary Assessment Role: June 4, 1979