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HomeMy WebLinkAbout2197W ORDINANCE NO. a 1 —I AN ORDINANCE of the City of Kent, Washington, ordering the improvement of a portion of the City of Kent by the instal- lation of 8 inch and 10 inch sanitary sew- ers, 10 inch and 12 inch water mains, and 12 inch, 15 inch and 24 inch storm drain- age together with necessary appurtenances on 72nd Avenue South from South 180th Street to South 184th Street and on South 182nd Street from 72nd Avenue to West Valley High- way, all in accordance with Resolution 878 of the City Council; establishing Local Im- provement District No. 296; providing for 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 of and sale of Local Improvement District warrants redeemable in cash and Local Im- provement District Bonds or Note in Lieu of Bonds. WHEREAS by Resolution 878 adopted November 5, 1979, the City Council declared its intention to order the improvement of a portion of the City of Kent by the installation of 8 inch and 12 inch sanitary sewers, 10 inch and 12 inch water mains, and 12 inch, 15 inch and 24 inch storm drainage together with neces- sary appurtenances on 72nd Avenue South from South 180th Street to South 184th Street and on South 182nd Street from 72nd Avenue South to West Valley Highway, fixed December 3, 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 improve- ment 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 fo 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 benefite 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 3, 1979 and all persons present having been heard, and written protests having been received, duly noted and entered into the record of the proceeding; and WHEREAS the City Council has determined it to be in the public interest 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 installation of sanitary sewers, water mains, and storm drainage 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 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. 296 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 Five Hundred Eighty Eight Thousand, One Hundred Eighty Two Dollars and 17/100 ($588,182.17) which shall be borne by and assessed against the property specially benefited by the improvement to be included in - 2 - the local improvement district to be established embracing as near as may be all property specially benefited by the improvemen 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. 296", 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 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. 296 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 1/2% 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 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}ie sold in such manner as the City Council shall hereafter determine. - 3 - 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 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. 296, 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 collection 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 connec- tion 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. ISABEL HOGAN, ATTEST: L A7ROVED AS TO FORM: Tv_�Aw DONALD E. MIRK, CITY ATTORNEY PASSED the / 7 day of December, 1979. APPROVED the day of December, 1979. PUBLISHED the day of December, 1979. I hereby certify that this is a true copy of Ordi- nance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) MARIE eNSEN, CITY CLERK - 4 - EX11111IT "A" LEGAL DESCRIP'1'U)N L.I.I). 296 72ND A\lI.:NUE (S. 180th to 184th) SANITARY SEINER, WA -1-11--R, STORM DRAINAGE ' r ( ' Those portions of the Henry Adams Donation Claim No. 43, Section 36, Township 23 North, Range 4 East, IV. M., in King County, Washington, and Orillia Garden Tracts, according to plat recorded in Volume 26 of plats, Page 7, more particularly described as follows: Beginning at the Southwesterly corner of Lot 10 of the plat of Orillia Garden Tracts, being the TRUF POINT OF BEGINNING of property herein described thence Easterly along the Southerly line of said plat to a point of intersection with the Southeasterly corner of Lot 1 of said plat and the Westerly margin of the Puget Sound Power F, Light transmission line Right of Way, thence Northerly along said Westerly margin of said Right of Way to a point which lies 120.02 feet South of the Southerly margin of S.W. 43rd Street, thence Westerly parallel With Said SOuthCrly margin to a point which lies 58.00 feet Easterly of the Easterly margin of 72nd Avenue SOutll, thence Nortlieriy to a point on the Southerly margin of S.W. 43rd Strect, said point lying 60.00 feet East of the Easterly margin of 72nd Avenue South, thence Westerly along, the Southerly line of S.W. 43rd Street to a point of intersection with the Southerly margin of S.W. 43rd Street, and the Easterly margin of West Valley Road, also known as S11181, thence Southerly along the Easterly margin of West Valley Road to the TRUE POINT OF BEGINNING, EXCEPT those portions lying within Public Rights of Way. L ' l rnt I ' .' : -� ^ Utility LID - 72nd/Aro (S 180tb to 184tb) ! . (SANITARY SEWER, WATER, STO08 DRAINAGE) � ` ,[��k� DESCKIP7ION | ' Owo Exhibit "/y' attached and made parts thereof. SANITARY SCWEQ / SIZE ONFKOX ' TO 10" 72nd &vo.So. 780' South of S. 182od i S. I80tb 8" Easement ' 400. South of I82od'on 72nd ' 200/ East ' 8" 182nd / '72nd &voouo West Valley Highway 8" Easement 780' North of 182nd on 72nd ' 71st Avenue WAT ER MAIN ' l21' 72ud Avenue S. 182nd 800' South IO" 72nd &vonuc S. 182ud S. 180th lO" Easement 7I0/ North of I82nd on 72nd 71st Avenue 1211 182nd 72nd P.S.9.&L. o/W 12" Easement' Sod of 182nd @P.S.P.&L B/W 570' 'East _ . STORM DRAINAGE . lS" 72nd Avenue S. 182od ' S. 180tb 1211 Easement 720' North of S. 182nd 71ut &vaouo South 12" G. 182nd 72nd West Valley Highway 241' S. 182nd 72nd P.S,P.&L. N 2411 Oooumuot End of 182nd @ 9.S.P.&L. R/N 2501- East i Total Project Cost: $588,182,I7 L.I.D. Share: $588'182.I7 ` Hearing Date on Preliminary Assessment Role: Ducombor 3, 1979 ' .' : -� : -� � l