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HomeMy WebLinkAbout1295CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, specifying and adopting a system or plan of addi- tions to and betterments and extensions of the sewage collection and disposal system of the City; declaring the estimated cost thereof as nearly as may be; authorizing the issuance and sale of sewer revenue bonds in the principal sum of not to exeed $300,000.00 to pay a part of the cost thereof; authorizing the creation of one or more local improvement districts, the property therein to be assessed to the extent of not to exceed $ 200 , 000.00 of the cost of the improvement, the remaining cost to be paid from a grant from the United States Government under Public Law 660; creating a special fund to provide for the payment of the sewer revenue bonds; repealing Ordinance No. 1226, passed January 6, 1964; and declaring an emergency. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO ORDAIN as follows: Section I. It is hereby found and declared that the public health is being endangered by the inadequacy of the present sanitary sewage collection and disposal system of the City (hereinafter called system of sewer- age) , and the danger to the public health caused by such inadequate system of sewerage should now be abated by the acquisition, construction, installation and operation of the additions to and betterments and extensions of the system as herein specifically set forth. Section 2. The City of Kent, Washington, hereby specifies and adopts a system or plan for making additions to and betterments and extensions of the existing system of sewerage of the City as set forth in Exhibit "A" attached hereto and by this reference made a part hereof and incorporated herein. The said additions to and extensions of the sewerage system of the City shall be connected to the existing system of sewerage, whenever necessary, withthe installation of all necessary appurtenances therefor. There shall be included in the foregoing the acquisition and installation of all necessary valves, fittings, couplings, connections, wyes , manholes, equipment and appurtenances and the acquisition of any easements, rights-of-way, and land that may be required; and there shall be included the performance of such work as may be incidental and necessary to the foregoing construction and installation. The City Council may modify the details of the foregoing system or plan where in its judgment it appears advisable , provided, such modifications do not substantially alter the purposes hereinbefore set forth. Section 3. The life of the foregoing additions, betterments and extensions is hereby declared to be at least thirty years. Section 4. The estimated cost of the acquisition, construction and installation of the above-described additions and betterments to the system of sewerage of the City is hereby fixed, as nearly as may be, at the sum of $542,000.00. Section 5 . The cost of acquiring , constructing and making the foregoing additions to and betterments and extensions of said system of sewerage shall be paid as follows: (a) From the proceeds received from the issuance and sale of sewer revenue bonds in the amount of not to exceed $300,000.00; (b) By assessments to be levied in the amount of not to exceed $200 , 000.00 against the property specially benefited by the proposed improvement and included in one or more local improvement districts hereby authorized and to be hereafter formed; and (c) From a grant anticipated to be received from the United States Government under Public Law 660 in the amount of $42,000.00. Section 6. It is the intention of the City to acquire and construct and complete such portions of the foregoing system or plan of additions to and betterments and extensions of the system of sewerage of the City as from time to time the City Council shall deem advisable. The sewer revenue bonds shall be issued in one or more series at such times as the -2- City Council shall deem advisable. The sewer revenue bonds shall be entitled "Sewer Revenue Bonds, 1965, " with series designations following, if issued in series. Such bonds shall bear interest at an effective rate not to exceed 6% per annum, payable semiannually, and shall be numbered from "one" upward, consecutively, within each series as issued. The bonds shall be issued in such series; shall be in such denominations and form; shall bear such date or dates and interest rate or rates; shall be payable at such place or places; shall mature serially in accordance with such schedule, beginning not earlier than one year after date of issuance and ending not later than thirty years thereafter or shall be term bonds; shall have such option of payment prior to maturity; shall guarantee such coverage and collection of rates; shall provide for such additional funds and accounts; and shall contain and be subject to such provision or covenants as shall be hereafter provided by ordinance. The bonds snail be so 1 d in such manner as the City Cbu1dl of the City of Kent shall deem to be in the best interest of tine City. Section 7. The gross revenues and benefits to be derived from the operation and maintenance of the system of sewerage and the additions , extensions and betterments thereto herein provided for, at the rates to be charged for sanitary sewage disposal service on the entire system, will in the judgment of the City Council be more than sufficient to meet all expenses of operation and maintenance thereof and to permit the setting aside into a special fund out of the gross revenues cfthe system of sewerage of sufficient amounts to pay the interest on the sewer revenue bonds herein authorized to be issued and on the presently outstanding "Sewer Revenue Bonds, 1954, " dated April 1, 1954, and the "Sewer Revenue Bonds, 1956, " dated October 1, 1956, and the "Sewer Revenue Bonds, 1959, " dated June 1, 195 , as such interest becomes due and payable and to pay and redeem all of said bonds at maturity. Section 8. The sewer revenue bonds herein authorized to be issued and sold shall be payable solely out of the special fund herein created and shall be a valid claim of the holder thereof only as against such special -3- fund, and the amount of the revenues of the system of sewerage pledged to such special fund, and shall not be a general obligation of the City of Kent, Washington. Section 9. There shall be and hereby is created and established in the office of the Treasurer of the City of Kent a special fund to be known as "Sewer Revenue Bond Fund, 1965, " which fund is to be drawn upon for the sole purpose of paying the principal of and interest on the sewer revenue bonds herein authorized to be issued and sold. From and after the date thereof and so long thereafter as bonds are outstanding against such fund the City Treasurer shall set aside and pay into said fund out of the gross revenues of the system of sewerage now belonging to or which may hereafter belong to the City, including all additions, extensions and betterments thereof at any time made, a fixed amount without regard to any fixed proportion, namely, an amount sufficient to pay the principal of and interest on all bonds payable out of said special fund as they respectively become due and to create such surplus and reserve, if any, that may hereafter be prescribed by ordinance. The gross revenues from the said system of sewerage are hereby pledged to such payment and the sewer revenue bonds herein authorized shall constitute a charge or lien upon such revenues prior and superior to any other charges whatsoever, excluding charges for maintenance and operation, provided, however, that if the conditions required to be met as set forth in Section 8 of Ordinance No. 871, passed February 1, 1954, shall be met at the time of the issuance of the sewer revenue bonds herein adhorized the charge or lien upon such gross revenues for the sewer revenue bonds herein authorized shall be on a parity with the charge or lien upon such gross revenues for the outstanding "Sewer Revenue Bonds , 1954, " dated April 1, 1954, the out- standing "Sewer Revenue Bonds, 1956, " dated October 1, 1956, and the out- standing "Sewer Revenue Bonds, 1959 , " dated June 1, 1959, issued on a parity therewith. Otherwise, the charge or lien upon such gross revenues for the sewer revenue bonds herein authorized shall be subordinate and inferior to the prior charge or lien upon such gross revenues for the presently outstanding "Sewer Revenue Bonds, 1954, " dated April 1, 1954, the outstanding "Sewer Revenue Bonds, 1956 , " dated October 1, 1956, and the outstanding "Sewer Revenue Bonds, 1959 , " dated June 1, 1959 . Section _10.. The City Council and corporate authorities of the City of Kent hereby declare that in creating the said special fund and in fixing the amounts to be paid into it as set forth herein they have exercised due regard to the cost of operation and maintenance of the system of sewerage of the City and the debt service requirements of the outstanding "Sewer Revenue Bonds, 1954, " dated April 1, 1954, the outstanding "Sewer Revenue Bonds, 1956, " dated October 1, 1956, and the outstanding "Sewer Revenue Bonds, 1959, " dated June 1 , 1959, and the City of Kent has not bound and obligated itself and will not bind and obligate itself to set aside and pay into such special fund a greater amount or proportion of the revenues of the system of sewerage than in the judgment of the City Council will be available over and above such costs of maintenance and operation and debt service requirements of the outstanding "Sewer Revenue Bonds, 1954, " dated April 1, 1954, and the outstanding "Sewer Revenue Bonds, 1956" dated October 1, 1956, and the outstanding "Sewer Revenue Bonds, 1959 , " dated June 1, 1959, and that no portion of the revenues of the system of sewerage has been previously pledged for any indebtedness other than the said outstanding "Sewer Revenue Bonds, 1954, " dated April 1, 1954 , the outstanding "Sewer Revenue Bonds , 1956, " dated October 1, 1956, and the outstanding "Sewer Revenue Bonds , 1959, " dated June 1, 1959. Section 11 . The proceeds received from the sale of the foregoing "Sewer Revenue Bonds, 1965," shall be deposited in the "Sewer Construction Fund" of the City and shall be used for the sole purpose of paying part of the cost of carrying out the additions to and betterments and extensions of the system of sewerage as herein authorized and of paying the cost and expenses connected therewith, and the City of Kent, through its proper officers and agents, shall proceed with the making of said improvements and the calling of bids therefor in the manner provided by law upon condition that one or more local improvement districts be hereafter formed to assess a part of the cost of carrying out said improvement as above provided. Pending the sale of said -5- "Sewer Revenue Bonds, 1965 , " the City may issue interest-bearing warrants drawn upon the "Sewer Construction Fund" to be paid out of the proceeds of the sale of the bonds. Section 12. Ordinance No. 1226 passed by the City Council and approved by the Mayor on January 6, 1964, is hereby repealed. Section 13. This ordinance is declared to be one necessary for the immediate preservation of the public peace, property, health and safety of the people of the City of Kent, Washington. An emergency is hereby declared to exist, and this ordire nce is hereby declared to be in full force and effect from and after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Kent, Washington, oA and approved by its Mayor at a regular meeting held on the 5th day of April, 1965. -. Mayor ATTEST: <__........m..._.......__. City Clerk FORM APPROVED: City Attorney CIVY 011 KE14-T SGT-T�pR SEWEI(t PROJECT SECTION A - SEWEIRS AND FORCE MAIN Size Oil 1, 2 F orc e State !PIighrx?ziy 5--j" main 12 F. M. Sta-lCe Higl-mmy 5-M 811 9m E-fli 12'" 1211 �m 9m A E-1 No M m South Seventh Ave. South Sixth Ave. South Fifth Ave. South Fifth Ave. South Third Ave. South Second Ave. South Firs -LI: Ave. South First Ave. South Railroad Ave. South Ra13road A-ve. South Bridges Ave. Alley btwrx S. Erj-dg(�M, Ave. & Stat -e HWY 5 Bide of Sta."- �r�,zvst tsJ-de o -.E" y 5 �-.-iillcrest Nkre,. Kirkvx,00d �Vvrc-- �,�,,-xbibit "A" FrOTE Point 1580 Tot. YVT' West of s," --ate Hx,ay 5--M Pt. 290 ft. M/L South of West Dleeker St. west Willis St. West Willis St. west Willis St. Crow St. Pt. 240 ft. M/L South of Crow St. Pt425 ft. j',VL South of Crow St. Pt. 580 ft. 14//L South r�f Crow St. pt. 630 ft . -"A//L South of Crow St. Morton St. Pt. 150 ft. IL South of Morton St. Russell St. Russell St. Russe.1 1. St. P I-, . 15 5 ft. 4/ L Sout'A k.11. TI'- 11Ii.."'Ais s Seattle St. Seattle S -t.. 8" Nens-L'ncfton A-V(�. Seattle S.:--. To point 2470 ft. Tlest of State HWY 5-14 West will is St. Crm-j St. Crow St. Crow St. Pt. 960 ft. M/L South of Crow St. South 258th St. pt. 960 ft. M/L South of Crow St. pt. 680 ft. 14,/L South of Crow St. Pt. 960 -ft. ;*L South of Crow St. pt. 150 ft. M/L South of Morton Sc. Pt. 360 ft. M/L soutb of Morton St. Pt. 375 ft. M/L south of Morton St. East Willis St. SoWcb 250th St. South 258th St. Pt, 435 ft. ?A/L sojAth of Seattle St., pt. 195 m/L Sautb of Seattle St, Chicago St. size on Sri Kensington Ave. sty Van de V;,mter Ave. 12" rest Willis St. Force Ave. Main of Crou? St. 14" Crow St. 1211 Morton St. 811 Russell St. all Seattle St. all Chicago St. 811 Marion St. 1211 Force ,Ha.in. -12 ee 17 I . M. 14 WIM Ao .3.2 " Walnut St. From Seattle St. (Wly) Marion St. State Hwy 5-14 South Seventh Ave. South Railroad Ave. State Hwy *5 Kensington Ave. (Sly) Kensington Ave. Pt. 485 ft. M/L West of Van de Vanter Ave. Pt. 225 ft. WL westerly of Alexander Ave. EASEMENTS ESmt 290 ft. M/1, State Hwy 5-M South Of state Hwy 5-A Esm-1--- 1580 ft. L Pt. 290 ft. P%/L West of State R%r 91, y 5-M South of State I-Ilwy 5-A Esmt 960 ft. 10, South Fifth Ave. South of Crow St. Esmt 960 ft. M/L south Third Ave. SOUI:b of Crou? St. Eslr,46- 850 ft. N/Ij south Third Ave. Klorth of Soiat-b 25E''t'..,) St. Estilt cro,,�lsing of 1,:,?. Pj. S-3o,A-VIF1 R. R, 150 TmVj-, so','%1:15 ptlo.,.-ton. St. Pt. 260 ft. WL South of Guiberson St. Pt. 185 ftp WL South of Marion St. South Seventh Ave. South Fifth Ave. State Hwy #5 Alley ht -fm S. Bridges Ave. & State HWY #5 Kensjington Ave. (Nly) Pt. 150 ft. WL West of Kensington Ave. Van de Vanter Ave. Pt. 90 ft. M/L East of Stoneburner Lane Pt. 1580 ft. M/L West o!7 Sta-�-,,e Hwy 5-M State Hightiley 5-A South Third Ave. South Flrst, Ave. Pt. 100 ft. West o -P- South First Ave. South Rzzil.:�-oad Ave. size On 8 OP Esmt Ely Extellsion of Morton St. RE 8:1 �-tfi NN A Esmt sly Extension of Fjllcrest Ave. Pt. 435 ft. M/L south of Seattle St. To ©n , Extension of Morton st., 535 ft:. kvL East O.F State HWY it 5 40 ft. 1V/L SoutbGrIY thereof on Cbicago St. pt� on Ely Extension Y no --re-C, mly�' wes't of of mocton SI-.., 535 k--t- Kensington Ave. IA/L East O:F State HVINY *5 Esmt Wily & NI -Y Esmt sly & Ely Esmt sly Extension of :Kjrkwood Ave. Pt. on marion St. 485 ft. M/L West Of Van de Vanter Ave. Pt. on Van de Vanter Ave. 185 ft - PVL South of Marion St. 195 ft. PFS,/L SOutn of Seattle St. Pt. on E2:y r!actension of Morton St., 535 ft. NI/L East of State Hwy #5 Pt. on Walnut St. 225 ft. N/L WesterlY Of Alexander Ave. 235 ft. 14/L sowc.1herly thereof SECTj0q B - PTUMPING STATIQUI A r, - w Sm -;age pvn�nj.ng Sta `.on, piping and appurtenances to be located in Seveni-lj "On --h ai-i'-.. Soilth; of West W-Ulir, Street-