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HomeMy WebLinkAbout1337CITY OF KENT, WASHINGTON ORDINANCE NO. I3 3 i AN ORDINANCE of the City of Kent, Wash- ington, ordering the construction and installation of sanitary sewer lines, together with pumping stations and necessary appurtenances in the north section of the City, commonly referred to as the "North Sewer System, in accordance with Resolution No. 552 of the City Council of the City of Kent, Washington; establishing Local Improvement District No. 250; providing the method of assessment in said District; providing that payment for said improvement be made by special assessments upon properties in the District, payable by the mode of "payment by bonds"; and providing for the issuance and sale of local improvement warrants and bonds. WHEREAS, by Resolution No. 552, adopted February 7, 1966, the City Council of the City of Kent declared its intention to order the construction and installation of sanitary sewer lines and pumping stations, together with necessary manholes, highway crossings and appur- tenances, commonly referred to as the "North Sewer System," which resolution described the routes along which the trunk sewers and subsewers and laterals are to be constructed, and fixed the 28th day of February, 1966, at 8 o'clock p.m. (PST) in the Council Chambers in the City Hall, Kent, Washington, as the time and place for hearing all matters relating to the proposed improvement and all objections thereto and for determining the method of payment for that improvement; and WHEREAS, Glen W. Sherwood, the City Engineer, and Hill & Ingman, consulting engineers to the City, the proper authorities designated by ordinance to make the preliminary assessment and assessment roll, caused an estimate to be made of the cost and expense of the proposed improvement and certified it to the City Council, together with all papers and information in their 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 owners, a statement in detail of the local improvement assessments outstanding and unpaid against the property in the proposed District and a statement of the aggregate actual valuation of the real estate, including 25% of the actual valuation of the improvements in the proposed District, according to the valuation last placed upon it for the purpose of general taxation; and WHEREAS, such estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts and parcels of land and other property which would 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 hearing upon said Resolution No. 552 was given in the manner provided by law, both by publication of such resolution and by mailing of notices of the hearing upon such resolution to the owners or reputed owners of all lots, tracts and parcels of land or other property to be specially benefited by the proposed improvement as shown on the rolls of the King County Treasurer directed to the address thereon shown, and said hearing was held by the City Council on February 28, 1966, after convening at 8 o'clock p.m. (PST) in the Council Chambers in the City Hall,and thereafter adjourned to the auditorium of the Kent Junior High School due to the large number of persons in attendance at such hearing; and WHEREAS, all written protests filed with the City Council up to and through such hearing and to date of passage of this ordinance have been duly considered by the City Council and all persons appearing at said hearing who desired to be heard were heard and said hearing was duly closed and all written protests and other communications filed with the City Council were taken under advisement; and WHEREAS, the City Council, after giving due consideration to the needs for the improvement, the special benefits to be received by the properties benefited thereby and the method of payment for said improve- ment, determined it to be in the best interest of the City and of the owners of property within the local improvement district that the entire cost and expense -2- of the improvement be specially assessed, provided, however, that in the event the City shall receive moneys by way of grant from any agency of the United States Government to aid in the cost of carrying out such improvement, the proportion of the cost and expense of the improvement to be specially assessed shall be reduced by the amount of such federal grant, and that as a result of protests and requests for changes filed with the City Council certain sewer lines should be deleted from the improvement and all other protests and requests for changes be denied and that said improvement as hereinafter des- cribed, after giving effect to such deletions, 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 construction and installation is hereby ordered of the sanitary sewer lines and pumping stations, together with necessary manholes, highway crossings and appurtenances, commonly referred to as the "North Sewer System, " after giving effect to certain sewer line deletions as ordered by the City Council, as more particularly described in Exhibit A attached hereto and by this reference made a part hereof and incorporated herein, which exhibit describes the place of commencement and ending of the improvement and the routes along which the improvement is to be constructed and specifies the structures or works necessary thereto or forming a part thereof. The City Council reserves the right prior to or during the construction of such improvement to make reasonable modifications or changes therein, such as changes in size and location of pipelines and pumping stations, where such modifications or changes do not substantially alter or affect the improvement or the purposes thereof. All of the foregoing shall be in accordance with the maps, plans and specifications for the improvement to be prepared by Hill & Ingman, con- sulting engineers to the City, which are hereby adopted. Section 2. There is hereby created and established a local improvement district to be called Local Improvement District No.//211 j1 which shall include all of the property contained within the boundary -3- legal description described in Exhibit B attached hereto and by this reference made a part hereof and incorporated herein. Section 3. The estimated cost and expense of said improvement -O.S, is hereby declared to be $5-;-2-�, � 99. Except as hereinafter set forth, the entire cost and expense of the improvement, including as a part thereof all cost items specified in RCW 35.45.020, shall be borne by and assessed against the properties specially benefited by such improvement to be included in the local improvement district herein created embracing as near as may be all property specially benefited by such improvement and, as to trunk sewers, including as nearly as possible all of the territory which can be drained through the sewers and subsewers connected thereto as provided in RCW 35.43.040. In distributing assessments in the case of trunk sewers, there shall be levied against the property lying between the termini of the improve- ment and back to the middle of the blocks along the marginal lines of the area improved such amounts as would represent the reasonable cost of a local sewer and its appurtenances suited to the requirements of the property, and the remainder of the cost and expense of the improvement shall be distributed over and assessed against all of the property within the boundaries of the District. With respect to any sewer lines to be constructed in easements across private property as a part of such sewer system improvement, assessments for special benefits conferred by the improvement shall be the same as if such sewers were constructed in a public street. In the event the City shall receive moneys by way of a grant from any agency of the United States Government in aid of the cost and expense of constructing the improvement, the amount of the cost and expense of the improvement to be assessed shall be reduced by the amount of such federal grant. Section 4. It is hereby found and declared that the nature of the improvement is such that the special benefits conferred upon the property in the local improvement district herein created are not fairly reflected by the use of the termini and zone method of assessment provided by statute there- for and, pursuant to the provisions of RCW 35.43.080, it is, therefore, hereby provided and ordered that the assessments shall be made against the property of the District in accordance with the special benefits it will derive from the -4- improvement without regard to the zone and termini method provided by statute. Section 5. Local improvement district warrants shall be issued in payment of the cost and expense of the improvement herein ordered, such warrants to be payable out of the "Local Improvement Fund, District No. 250," hereinafter created, to bear interest from the date thereof at a rate to be hereafter fixed by ordinance not to exceed 6% per annum and to be redeemed in cash, and/or by local improvement district bonds herein authorized to be issued, such interest-bearing warrants to be hereafter referred to as "revenue warrants." Such bonds shall bear interest at a rate to be hereafter fixed by ordinance not to exceed 6% per annum, shall be payable on or before twenty-two (22) years from the date of issuance, the life of the improvement ordered being not less than twenty-two (22) years, 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 60 days after the first publication by the City Treasurer of notice that the assessment roll for "Local Improvement District No. 250" is in his hands for collection. The bonds shall be redeemed by the collection of special assessments to be levied and assessed upon the property within said District, payable in twenty (20) equal annual installments, with interest at a rate to be hereafter fixed by ordinance not exceeding 6% per annum, under the mode of "payment by bonds," as defined by law and the ordinances of the City of Kent. In the case of default in the 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 6% per annum and a penalty of 5% which shall also be collected. The exact form, amount, date, interest rate, and denominations of such warrants and bonds shall be hereafter fixed by ordinance of the City Council. Such warrants and bonds shall be sold in such manner as the City Council shall hereafter determine. Section 6. All the work necessary to be done in connection with the making of said improvement shall be done by and made by contract upon -5- competitive bids and the City shall have and reserves 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 said work will be made in cash warrants drawn upon the "Local Improvement Fund, District No. 250." Section 7. There is hereby created and established in the office of the City Treasurer of the City of Kent, for Local Improvement District No. 250, a special fund to be known and designated as "Local Improvement Fund, District No. 250," into which fund shall be deposited (a) any moneys received by way of a grant from any agency of the United States Government in aid of the cost and expense of construction of the improvement, (b) the proceeds from the sale of revenue warrants drawn against said fund which may be issued and sold by the City, and (c) 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 connection with said improvement, and against which fund cash warrants shall be issued in payment of all other items of expense in connection with said improvement. UNANIMOUSLY PASSED by the City Council and APPROVED by the ,4r/, Mayor of the City of Kent, Washington, at a regular meeting thereof, this 7th C, day of 1966. Mayor ATTEST` y Clerk FORN PPROVED. ity Attorney CITY OF IIENT - LnjaZ�,_0256 NORTH SB�;,M,,R SYSTE,X SECTION A -- SEWERS Pipe all sit WC all 1011 10 It B j2es 8 t3 2 its 24 0: 24" sit 861 12 12 15 301; On Easement 350'+ West of 76th Ave. South Easemen t(Noval-, Lane Extended) Easement 650',-,,- South of S,, 228th ST. Easement 75W+ East of 76th Ave. Tlozxth South 228th ISt. F.,.sement a(,]j. to Ij. Valley Road-TKest Side r 15',asement adj. to 13 W110Y Side Basevaeat ad j. to E. WAley S ie, c, Easement adj. to E. Valley S 1.66 Novak Lane & 1,11y e.,."-- zena,Aion on Easemcni_- Easement 40W -i- East - z of 76,0h Ave. south Ease,,nent--76th Ave,, Extended 76th Ave, South Basement--Adj. to C.14. St. P. Ry. Easement- 800 1+ ro, South 222nd St. 76th Ave,, South Easement adj. to E. Valley Road Easement adj, to E. Valley Road S. 222nd St. & Esmt� --S.222nd St. Zxtgd,, Easement - S. 222nd St. Extended Yr om South 2134th St. 350`1-,- TwYest of 76th Ave, South 250'+ East of 76th Novak :bane Extended 300'-'- illy O.A�! K(.P� TZ i R -,\To::,-th of aames St. "LqO,-;7th 0,I� James st . - Novak Lane South 228 -k' -.h st. East Willey Road N South of south 228th Stc South line of sec. 12-22-4 South 228•t' -.h St. 4001-.1- West of 76th ,Ave. South South 212th St. 8501+ South of S. 222nd St. 8001-4 North of S. 222nd St. East Valley Road 76th Ave. South 4 mmnn E1C is van, 27, 312GG Rev. Fehr. 4, 1966 Rev. Mar. 31, 1966 To Novak Lane,Ext. 7,11y,:' 400'-,1- Fast of 76t :s Ave. South. Eastenly wo.�:thenaste,t-ly 100'+ 76th Avea So. ext d,> Novak Lane Novak Lane South 228th St, Novalt Lane 400-.,.- Ely of 76-i:h Ave,, South 8001+ South of South 228th St. Worth 'Line of Sec. South 222nd St, Et'd 400'+ North of S,,tb 222nd St_ 76th Ave. South South 22_*,"Jid St. South 222nd St. South 222nd St. 76th Ave,, South Pipe South 206th St. East Valley Road size On Prom To 36" Easement on DS.Po _'0 Ry. C. M W. Valley lkoad 500fl-:- L. Co. right of -way 80th iAve, South 42" Easement on PoS. P. valley Raab 1400'+"N'estecly of South 206th St. 1, co. right of way Ave, Sczatb Wes -,t-. vallov Road $ol Basement adj" to ky. St. th oZ 13001+1 sou;. 7211,nd South Valley Rd. -Bast J 72nd Ave. South South 223"t -`h St-'. 18 to Easement adj . to ise Ca0 Seo Soui:�_n 228th St. Valley Rd.- an: 27" Easement - 1300'+ 2441' 3�asem-ent 7 0, 01-:- 4'J®Rusr.ell <o ad Ssalt. On P's"I" t'!' North of So. Lirie- of , Soc.14-22-4 co, 24" 'Easement. adj, to w soui;n 22f:*Ith Z' t an ?"S'P� valley Side right-of-way 42" City Of Nent PiXoperty Easemont on P S & Lift Station City L' C-0. 17 iso Y Kent Property 30tT F., a s u e n P , S , J. P 7000+ 'res'i: oi cj'� 1400'+ W,-st 0:� West Co,, riqht--rdf­,way',, Sec, le! ­92 -4 valley Road 12 Basement 7006-:- W, of Blacc-ment- cri P"S"P"& 6001+ Norther11-y t -he r7e_of lot; 72r,d iive. South ?00'+ K'0'!c7th 0E so� 2 0 e, S t 811 South 202nd St, lqcxthe�-':11 Pac" Ry" 80th South 10 80th AVCS South South 200th StS oulch 2 08 th St' 16" South 206th St. East Valley Road 50014- Vilest Of mast vailey RaaC 18 Easement - S. 206th 500fl-:- Of East 80th iAve, South d8.." Extended vall7cy Road 2151 South 206th St. 80th- Ave, Sczatb 16th Ave, South 2790 South 206th St. 76th iyiie, South 7211,nd South 2711 72nd Ave. South South 206th St. 7001+ No_rrh of Soutli_ 206tb St. 27" Easement - 1300'+ 72nd zive, South west -valley Road North of So. Lirie- Sec, 1-22-4 Pipe Easement adj. to W. .210011+ South of SO. -size on P.3:0M 196th St. 4201 Easement adj. to 13001+ 191Y of So. South 2121t1i St. West Val levy Road Line Nec. 1-22-4 42" Easement pare llel to West Vallev Road 64th Ave. South South 212th St.-B7.Side Soutl�_196th St. 36's Easement adj. to 64th Ave� South 16001+ westerly South 212th St. S. line See.1-22-4 27" Easement adj. to 16001+ Wly of Russell Road South 212th St. 64th .kve. South 48" 64th Ave. South South 212th St. Lift station on city highway crossings and appurtenances. of Kent Property 1811 Basement -80th Ave. So. South 188th St. Sou -,-.h 190th St. 21" Easement -80th Ave. So. South 190e St. South 192nd St. 1-010 Easement -South 190th St. w.15,. Ry,, 80th Tive. South V Easement -78th Ave. So, South 196th St. South 198th St, 10 Easement -South 198th St. 78th Ave, South 81st live. South 814 Easement -South 196-',:h St. ?8th Ave. South 80t;, Ave. South 1-01a aasement adj,, iao E,, 12001+ South of South 200th St. Val ley Rd. --WL, Sid� S . .266th st. 1511 Easerlient-South 200t.h St. East Valley Road 81st Ave,, South 15" 81st Ave. South South 200th St, South 196-;:h St. 15 it Easement adj. to E. 400 North of S,, South 192nd St. Valley Rd. -W. Side 1926i St. lots South 196th St. East valley Rdad 81st Pve. South 15 Easement -So, 196th St. 81st Ave. South 80th Avec South is" Easement -80th A-vo. So, South 196th St. South 192,:id St:� 811 Easement adj. to E,, 10001+ South of South 192nd St. Valley Rd. -E. Sido S. 192nd St,, Iasi Easement -So. 192nd St. East Valley Road 80th Ave, South 27" Easement-. 192nd St. 80th AVe,, South C0M, Stn P. Ry, 30" SouthS 192nd St. C.M. St,-, P. Ry, West Valley Road 36 Easement adj. to TrY. South 192nd St. Sotrth 1.96,;,-h "St. Valley Road W-Sidc 42" Easement adj. to W. .210011+ South of SO. Valley Rd.-W.Side South 196th St. 196th St. 42" Easement parallel to 21000+ South of South 212th St, W, Valley Rd,-W,Side so. 196th St. 891 Easement adj. to W, 17001+ South of South 192nd St. Valley Rd,,-ESide Soutl�_196th St. all Easement adj. to W. 13001+ North of South 212th St. Valley Rd,,_zo Side S. line See.1-22-4 100 Easement adj. to South West Valley Rd. 64th Ave. South 212th St. -S. Side The above described Sewer System shall also include manholes, highway crossings and appurtenances. PUMPT'FiG Raw sewage puran):Ung stzltiOrls, pi-pirIg and appurtenances shall be located on the fullowing sit0s-. _Ivlay F��, ra P west te- i�y 2 100 f -et South Oj --X>ut-n 1.96th ,_street. on city of p:ropertry ue3ed for a sel;%-.'age treatment plant and 6escr_J*.CI)ec5 als, follalls- The Northwest of the Soiitheast, �juarter of Section 3.1., To-vinsl-lip 22' North, _Range 4 Fast -I.M., ',UESS right of wz)v for drainaqe elitch; XMID the SoWq_--'h%vrs�st Quarter of t3ae Southez:k.-AtQunrtIc 01 sa.ia"I SOcti0,' 11, LLrES :rig"jit c -F x-vay for drainage dilcch; arICI i"hat -0. , j. - ;n jjwjc_!, fr 071 parti,--ma tho.-z" 01- lyjy�q a point on the East 1-ine o:E said 500 feet ljo-r-th o; -E the Soui-.heasl.-, *11,,Kv.­,_'C-,Of 1'.0, a P"'Ant oil the v�;esv, Untach--eo-- 280 :Ecet of the sout.bxw(._,��k Ccrime-.1 t�hsvreof, f✓ ✓EXHIBIT "B' ( F BOUNDARY LEGAL DESCRIPTION CITY- OF KENT 1/2,o/66 NORTH SEWER SYSTEM L. D. 250 Beginning at the Southeast corner of E st W.Mf,the KingOf NA of Section 18, Township 22 North, Range 5 Washington, being also a point on the North-South centerline of said Section 18; - Thence Southerly along the No t -south centerline of said Sec. 18 to the Southeast corner of the N' . Thence Westerly along the South line of the N� of the SW34- of said Sec. 18 to an intersection with the Northerly extension of the West margin of Prospect Avenue; the Thence Southerly along _said Northerly of Little'sfAddit onttoathen of Prospect Avenue to the Northeast corner of L City of Kent, according to plat thereof recorded in Volume 53 of Plats, Page 86, Records of King County, Washington; Thence Westerly along the North line of said plat to the Northwest corner thereof, being also a point on the Wester ly,margin of Clark Avenue; Thence Southerly along caids 330erly feetmargin Northeof ly from andnparallel ue to an intersection with a line which with the South line of said Section 18; Thence Westerly along said parallel line to an intersection with the Westerly line 'of said Section 18, being also the EasterSection 13, Twp. 22 North, Range 4 East W.M.; Thence Northerly along the Easterly line of said Sec. 13 a distance of 648.47 feet; Thence Westerly parallel with the south line of sai Sec. 13 to the Westerly margin of Central Avenue(Also known as Thence North 1042'56" East along said tWesteh of rly Southnl f Central Avenue to a point which is 1045.8aidft. Westerly margin;thence North 88016' said Sec. 13, as measured along 50" West to the East margin of the Northern Pacific Railroad Right -of -Way; Thence Northerly along said East margi�� thehEasterly extension of e Northern Pacific Railroad Right1 of -Way to an intersection ` the centerline of Bowen Avenue(Also known as South 234th St.); Thence Westerly along said Easterly extension taananthe centerline of Bowen Avenue, (Also known as South 234th SNo. 5, S.R. 167; with the centerline of. Primary State Highway No. Thence Southwesterly along said centerline of Primary State Highway No. 5, SR 167, to the South line of the N31 of :the S� of said Section 13; Thence Westerly along said South line of the N4 of the S4 of Sec. 13 to the centerline of Washington Avenue; thence.Southerly along said centerline of Washington Ave. to the centerline of I' Morton St., as located in Supplemental Plat of Meeker's First Addi tion to the Town of Kent, according to plat thereof recorded in Vol. 5 of Plats, Page 96, Records of King County, Washington; Thence Westerly along said centerline of Morton St. to the centerline of Orilla-Kent Road #1851,(Also known as West Valley Road); Thence Northwesterly along said centerline of Orilla-Kent Road #1851 and the -Northwesterly-. extension ,thereof to the West line of said Section 13; Thence Northerly along said West line of Sec. -13 to the Southwest corner of the N4 of the S4 of said Sec. 13; being also the Northeast corner of the SE4 of the SE4 of Section 14, Twp. 22 North, Range 4 East W.M.; Thence Westerly along the North line of the SE4 of the SE4 of , said Sec. 14 to the Northwest corner thereof; Thence Southerly along the West line of the SE4 of the SE4 of said Sec. 14 to the South line of said Section 14; Thence Westerly along said South line of Section 14 to an intersection with the centerline of the Green River; Thence Westerly and Northerly along said centerline of the Green River through Sections 14, 15 and 10, in Twp. 22 North, Range 4 East W.M., to the West.line of Section 11, Twp. 22 North, Range 4 East W.M.;''.. Thence Southerly along said West line of Section'll to the East margin of Russell RoadjAlso known as County Road No. 8); Thence Northerly along said East margin of Russell Road through Sections 11 and 2, in Twp. 22 North, Range 4 East W.M., to the South margin of South 196th St.;' .Thence Easterly along the South margin of said South 196th St. to the East line of said Section 2; Thence Northerly along said.East line to the Northeast corner of said Section 2, being also the Southwest corner of Section 36, Twp. 23 North, Range 4 East W.M. Thence .East.erly along theSoutherly line of said Sec. 36 to the - centerline,of Secondary State Highway No. 5M, (Also known as.W. Valley Road) ; Thence Northeasterly along said centerline of Secondary State Highway No. SM to an intersection with the Wester ly,extension of the South margin of 'South 180th St.; 3 a �r —3— ' s 'i �i ` Thence Easterly along said Westerly extension and the South margin of South 180th St, to the Westerly margin of 80th Place �f South,(Also known as Kent -Renton County Road and as Springbrook County Road No. 373); .I Thence Southeasterly along said Westerly margin of 80th Place South to the Westerly -.margin of East Valley Road, (Also known as i 84th Avenue South); C Thence Southeasterly to the intersection of the Easterly margin of said East Valley Road with the Southerly margin of"South 192nd St., (Also known as P. Hayes Road); Thence Easterly along said Southerly margin of South 192nd St. to the centerline of Primary State Highway No. 5; Thence Southerly along said centerline of Primary State Highway No. 5 through Sections 6, 7 and 18, Twp. 22 North, Range 5 East W.M. to the South line of the N� Nei NW4 of said Section 18; Thence Easterly along said South line of the A'A NWS to the Southeast corner thereof and the. Point of Beginning. r