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HomeMy WebLinkAbout2175ORDINANCE NO. -2 AN ORDINANCE of the City of Kent, Washington, ordering the improvement of a portion of the City by the improvement of Guiberson Street from Van de Vanter Avenue to a point approximately 850 feet east of Van de Vanter Avenue by the construction of a 22 foot wide street with asphalt pavement and open ditch storm drainage; all in ac- cordance with Resolution 874 of the City Council; establishing Local Improvement Dis- trict No. 294; providing for payment for the costs of the improvement be made by special assessments upon the property in the Dis- trict, payable by the mode of "payment by bonds" or "note in lieu of bonds"; and pro- viding for the issuance and sale of Local Improvement District warrants redeemable in cash and Local Improvement District Bonds or Note in Lieu of Bonds. WHEREAS by Resolution 874 adopted July 2, 1979, the City Council declared its intention to order the improvement of a portion of the City by the improvement of Guiberson Street from Van de Vanter Avenue to a point approximately 840 feet east of Van de Vanter Avenue by the construction of a 22 foot wide street with asphalt pavement and open ditch storm drainage all within the City of Kent, and fixed August 6, 1979 at 8 o'clock p.m. in the Council Chambers in the City Hall as the time and place for hearing all matters relating to the proposed improvement and all obligations 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, 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 August 6, 1979, and all persons present having been heard, and one written protest having been received, duly noted and entered into the record of the proceedings; 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 a certain street therein as more fully described in Exhibit "B" attached hereto and by this refer- ence 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 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. 294 of the City of Kent, Washington", which district is described in Exhibit"A"' attached hereto and by this reference made a part hereof. fiPctian 3. The total estimated cost and expense of - 2 - that improvement is hereby declared to be Twenty -Five Thousand Dollars ($25,000.00) which shall be borne by and assessed against the property specially benefited by the improvement to be included in the 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 herein ordered to be assessed, such warrants to be payable out of the "Local Improvement Funds, District No. 294", 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 improvementdistrictbonds 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 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. 294 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 installments, with interest at a rate to be here- after fixed by ordinance, not exceeding 8 1/2o 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 - 3 - by ordinance not to exceed 8 1/2a per annum and a penalty of 60 which shall also be collected. The exact form, amount, date in- terest 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 connectio 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. 294, into which fund shall be deposted 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 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. ATTEST: MARIE JENSEN, CITY CLERK PP,ROVED AS TO FORM: DONALD E. MIRK, CITY ATTORNEY ISABEL HOGAN, MAYOR - 4 - PASSED the day of August, 1979. PUBLISHED the __S/ day of August, 1979. I hereby certify that this is a true copy of Ordinance l No. _ '� passed by the City Council of the City of Kent, Washington, a as here- on indicated. MARI MM 11 ( SEAL) FXILTBIT "A" LEGAL DESCRIPTION That portion of the Northeast quarter of the Southwest quarter of Section 19, Township 22 North, Range 5 East, W.M. in King County, Washington lying South of Maclyn Addition as recorded in Volume 85, page 59, of plats, West of Miller's Northern View 3rd Addition as recorded in Volume 60, page 68 and North of the North line of Guiberson Street EXCEPT any portion lying within Alexander Avenue AND Lots 2, 3, and 4 of Miller's Short Plat as recorded under King County Recording #7612070701 AND Lot 28, Lots 1 through 6, in Block 10, lots 11 through 15 in Block 9, Washington Central Improvement Company's Knob Hill Addition as recorded in Volume 3, page 97 of plats, in King County, Washington AND ALSO that portion of the Northeast quarter of Southwest quarter of Section 19, Township 22 North, Range 5 East, W.M. described as follows: Beginning at the Northwest corner of Lot 8, Block 2, Miller's Northern View 3rd Addition as recorded bn Volume 60, page 68; thence South a distance of 134.98 fest; thence North 88 29'51" West a distance of 70.00 feet; thence North 01 30'09" East to the southerly line of Guiberson Street; thence East to the point of beginning. • EXHIBIT "B" L.I.D. #294 Guiberson Street Improvement Van de Vanter Avenue to 850 feet East LEGAL DESCRIPTION See Exhibit "A" attached and made parts thereof. STREET IMPROVEMEiNTS Description: Widening and/or reconstructing street to 22 feet wide with asphalt pavement and open ditch storm drainage. ON FROM TO Guiberson Street Van de Vanter Avenue 850 feet East Total Project Cost: L.I.D. Share: Hearing Date on Preliminary Assessment Role: $25,000.00 $25,000.00 1979