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CITY OF KENT, WASHINGTON
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, amending Ordinance No. 1337;
specifying and adopting a system or plan of
additions to and betterments and extensions
of the sewage collection and disposal system
of the City with which has been combined the
system and plant for garbage and refuse
collection and disposal of the City; declaring
the estimated cost thereof as near as may be;
converting Local Improvement District No. 250
of the City to Utility Local Improvement
District No. 1; authorizing the issuance and
sale of sewer revenue bonds in the principal
sum of not to exceed $1,750,000 to provide
the funds necessary to carry out that system
or plan; creating a special fund to provide
for the payment of the sewer revenue bonds;
creating a sewer construction fund; and author-
izing the issuance of interest-bearing warrants
drawn upon the "Sewer Construction Fund, 19 67 , "
pending the sale of such revenue bonds.
WHEREAS, on April 18, 1966, the City Council of the City of
Kent passed Ordinance No. 1337 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, " and established Local Improvement District No. 250
in which such improvement was to be constructed and installed, and no
ordinance has been adopted approving and confirming the final assessment
of such local improvement district; and
WHEREAS, on May 24, 1966, the City of Kent received an offer
of grant from the Economic Development Administration offering to pay not to
exceed $2, 759, 000 of the cost of the construction of the aforesaid improvement
which offer was accepted by the City on June 2, 1966; and
WHEREAS, on May 18, 19 67 , the City executed a contract with
the Municipality of Metropolitan Seattle (Metro) whereby Metro agreed to
pay a portion of the cost of construction of certain sewer lines within the
"North Sewer System" and to pay a portion of the cost of construction of
certain other sewer lines within the City, and whereby the location of
certain sewer lines within the "North Sewer System" were agreed to be
changed, which changes do not substantially alter or affect the improvement
or purposes thereof ordered to be constructed and installed by Ordinance
No. 1337; and
WHEREAS, pursuant to section 28, chapter 52, Laws of 1967
of the State of Washington, the City desires to convert Local Improvement
District No. 250 into a Utility Local Improvement District; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
ORDAIN as follows:
Section 1. Section 1 of Ordinance No. 1337 of the City is
amended to read as follows:
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
to this amendatory ordinance 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 and
forming a part thereof.
The City Council reserves the right, prior to and/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 now prepared and to be
prepared by Hill & Ingman, consulting engineers to the City, which are hereby
adopted.
- 2 -
Section 2. The City of Kent hereby specifies and adopts a
system or plan for making additions to and betterments and extensions of
the existing sewage collection and disposal system of the City with which
has been combined pursuant to Ordinance No. 1338, passed by the City
Council and approved by the Mayor on April 18, 1966, the system and
plant for garbage and refuse collection and disposal of the City ( which
combined systems are hereinafter referred to as the "system of sewerage
of the City") , which system or plan shall consist of the improvements
described in Exhibit "A" and Exhibit "B", attached hereto and by this
reference made a part hereof.
The City may modify the details of the foregoing system or plan
where such modifications do not substantially alter the purposes of that
system or plan.
Section 3. The life of the foregoing additions and betterments
and extensions is hereby declared to be at least thirty ( 30) years.
Section 4. The estimated cost of the acquisition and construc-
tion and installation of the above-described additions and betterments to the
system of sewerage of the City is hereby fixed as near as may be at the sum
of $6,413,000 for the improvements described in Exhibit "A" and $272,000 for
the improvements described in Exhibit "B".
Section 5. Subject to the provisions of Section 7 of this
ordinance, the cost of the system or plan for additions to and betterments
and extensions of the sewerage system of the City adopted by this ordinance
shall be met and defrayed from any funds which the City may have for such
purpose, including any moneys received from the Economic Development
Administration and the Municipality of Metropolitan Seattle, as aforesaid,
and by the issuance and sale of sewer revenue bonds of the City in the sum
of not to exceed $1,750, 000 par value. The bonds shall be issued at such
times and in such amounts or series as the City Council shall hereafter
determine and shall contain such covenants and interest rates as the City
Council shall hereafter approve. The bonds shall be payable from the gross
- 3 -
revenues received from charges for sanitary sewage disposal service,
from charges for garbage collection and disposal service, and from the
receipt of payments of assessments levied in Utility Local Improvement
District No. 1 created by this ordinance. Such assessments shall be for
the sole purpose of payment into the special revenue bond redemption fund
hereinafter created for the payment of the revenue bonds authorized by this
ordinance.
Section 6. Pursuant to the provision of section 28, chapter 53,
Laws of 1967 of the State of Washington, Local Improvement District No. 250
of the City, created by and described in Ordinance No. 1337, is hereby
converted to a utility local improvement district to be known as "Utility
Local Improvement District No. 1. " The improvement to be constructed and
installed under and within Utility Local Improvement District No. 1 shall
be that improvement described in section 1 of Ordinance No. 1337 as amended
by section 1 of this ordinance.
Section 7. Not to exceed $1,700,000 of the cost and expense
of the improvement within Utility Local Improvement District No. 1,
including as a part thereof, but not limited to, all cost items specified in
RCW 35.44.020, shall be borne by and assessed against property specially
benefited by such improvement included in Utility Local Improvement
District No. 1, embracing as near as may be all property specially benefited
by such improvement, and as for trunk sewers including as nearly as
possible all of the territory which can be drained through the sewers and
sub -sewers 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 improvement and back to the middle
of the block or 300 feet, whichever is the lesser, 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
- 4 -
of the District. With respect to any sewer lines to be constructed and
easements across private property as a part of such sewer system improve-
ment assessments for special benefits conferred by the improvement shall
be the same as if such sewers were constructed in a public street. The
City shall also add to the assessment of each parcel $150.00 for each
side sewer stub installed to serve that parcel.
The amount of the cost and expense of the improvement to be
assessed shall be reduced by the amount of the grant from the Economic
Development Administration of the United States Department of Commerce
to be received for such improvement and any moneys paid to the City by
the Municipality of Metropolitan Seattle to pay the cost of construction of
such improvement pursuant to the contract entered into by the City and the
Municipality of Metropolitan Seattle, dated May 18, 1967.
Section 8. The special assessments to be levied and assessed
upon the property within Utility Local Improvement District No. 1 shall be
payable in twenty equal annual installments with interest at a rate to be
hereafter affixed by ordinance not exceeding 6% per annum. 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 affixed by ordinance
of not to exceed 6% per annum, and a penalty of 5% which shall also be
collected.
Section 9. The City shall issue one or more series of sewer
revenue bonds at such times as the City Council shall deem advisable. The
sewer revenue bonds shall be entitled "Sewer Revenue Bonds, 1967, " 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 1 upward consecutively within each series as
issued. The bonds shall be issued in such series, shall be in such
denomination 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 one year after date of
- 5 -
issuance and ending not later than (30) 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
provisions or covenants as shall be hereafter provided by ordinance. The
bonds shall be sold in such manner as the City Council of the City shall
deem to be in the best interest of the City.
Section 10. The gross revenues and benefits to be derived
from the operation and maintenance of the system of sewerage of the City
and the additions thereto and extensions and betterments thereof herein
provided at the rates to be charged for sanitary sewage disposal service
and garbage and refuse collection and disposal service on the entire system
of sewerage of the City 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 of the
system of sewerage of the City, in addition to the special assessments
to be levied and collected in Utility Local Improvement District No. 1, of
sufficient amounts to pay the interest on the "Sewer Revenue Bonds, 1967,"
herein authorized to be issued and on the presently outstanding "Sewer
Revenue Bonds, 1954, " dated April 1, 1954, "Sewer Revenue Bonds, 195 6, "
dated October 1, 195 6, "Sewer Revenue Bonds, 195 9, " dated June 1, 195 9,
and the "Sewer Revenue Bonds, 1966," dated May 1, 1966, as such interest
becomes due and payable and to pay and redeem all of those bonds at
maturity.
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 owner thereof only as against such special fund and
the amount of the revenues of the system of sewerage and the special
assessments pledged to such special fund and shall not be a general
obligation of the City.
Section 11. There is created and established in the office
of the Treasurer of the City of Kent a special fund to be known as the
"Sewer Revenue Bond Fund, 1967, " 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 and any additional sewer
revenue bonds which may be hereafter issued on a parity of lien therewith
under such terms and conditions as the City Council may prescribe. 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 that fund
out of the gross revenues of the system of sewerage now belonging to or
which may hereafter be belonging to the City including all additions to and
extensions and betterments of that system at any time made, a fixed amount
without regard to the fixed proportion, namely, an amount in addition to any
special assessments levied and collected in Utility Local Improvement
District No. 1 and in any utility local improvement district hereafter created
the assessments in which will be payable into that special fund, which will
be sufficient to pay the principal of and interest on all bonds payable out of
that 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 system of sewerage of the City and any special
assessments levied within Utility Local Improvement District No. 1 are
hereby pledged to such payment and the sewer revenue bonds herein author-
zied and any future parity bonds shall constitute a charge or lien upon such
revenues and special assessments prior and superior to any other charges
whatsoever excluding charges for maintenance and operation, except that the
charge or lien upon such revenues for such bonds shall be subordinate and
inferior to the prior charge or lien upon such gross revenues for the presently
outstanding "Sewer Revenue Bonds, 1954, " "Sewer Revenue Bonds, 1956, "
"Sewer Revenue Bonds, 1959, " and the "Sewer Revenue Bonds, 1966. "
Section 12. The City Council and corporate authorities of
the City of Kent hereby declare that in creating "Sewer Revenue Bond Fund,
-7-
1967," and fixing the amounts to be paid into it as set forth in this ordinance,
they have exercised due regard to the cost of the operation and maintenance
of the system of sewerage of the City and the debt service requirements of
the outstanding "Sewer Revenue Bonds, 1954, " "Sewer Revenue Bonds, 1956, "
"Sewer Revenue Bonds, 1959, " and "Sewer Revenue Bonds, 1966. " The City
has not bound or obligated itself and will not bind and obligate itself to set
aside and pay into such special fund a greater amount or proportion of
revenues of the system of sewerage than in the judgment of the City Council
will be available over and above such costs and maintenance and operation
and debt service requirements of those outstanding bonds. No portion of
the revenues of the system of sewerage of the City has been previously
pledged for any indebtedness other than the outstanding "Sewer Revenue
Bonds, 1954, " "Sewer Revenue Bonds, 1956, " "Sewer Revenue Bonds, 19S9, "
and "Sewer Revenue Bonds, 1966. "
Section 13. There is created and established in the office of
the Treasurer of the City of Kent a special fund to be known as the "Sewer
Construction Fund, 1967. " The proceeds received from the sale of the
foregoing "Sewer Revenue Bonds, 1967, " shall be deposited in the "Sewer
Construction Fund, 19 67 , " of the City and shall be used for the sole purpose
of paying the cost of carrying out the additions to and betterments and
extensions of the system of sewerage herein authorized and of paying the
cost and expenses connected therewith. The City of Kent, through its proper
officers and agents shall proceed with the making of those improvements
and the calling of bids therefor in the manner provided by law. Pending
the sale of the "Sewer Revenue Bonds, 1967, " the City may issue interest
bearing warrants drawn upon the "Sewer Construction Fund, 1967, " to be
paid out of the proceeds of the sale of the bonds or from payments from the
Economic Development Administration or the Municipality of Metropolitan
Seattle as aforesaid.
Section 14. No property, any portion of which is within the
area subject to that portion of the assessment representing the reasonable
cost of a local sewer and its appurtenances for those pipelines described
in Part II of Exhibit "A" , may connect to those improvements described in
Part II of Exhibit "A" unless either that property shall have been subject to
such local sewer portion of the assessments on the assessment roll for
Utility Local Improvement District No. 1 or the owners of that property
shall have paid prior to such connection a charge in lieu of assessment
which shall be the equivalent of that local sewer portion of assessments
applied to that property. No properties may connect to any improvement
described in Exhibit "B" without first having paid a charge in lieu of
assessment representing the fair portion of the cost of constructing and
installing that improvement applied to that property.
Section 15. The provisions of this ordinance shall supercede
and repeal any provisions of Ordinance No. 1337 which are inconsistent
herewith.
PASSED by the City and APPROVED by the Mayor of the City
of Kent, Washington, at a regular meeting thereQf, this 5th day of June, 1967.
M A Y
ATTEST:
CitiJerk
FORM APPROVED:
City Attorney
CITY OF KENT
- L.I.D. No. 250
NORTH SEWER SYSTEM
REVISED - EXHIBIT "A"
PARTI
SEWERS WITHIN L.I.D.
No. 250 - SUBJECT TO ASSESSMENT
May 25, 1967
PIPE
SIZE
ON
FROM
TO
27"
Easement adj, to
1400' t Wly of
Russell Road
South 212th Street
64th Ave. South
36"
Easement adj. to
64th Ave. South
1400' t Westerly
South 212th Street
36"
64th Ave. South
South 212th Street
1300' t Southerly
of So. 212th St.
36"
City of Kent Property
erly
+212thhSt.
&EasementL. Right of-
O Co.
ofso.
Way
36"
Easement on P.S.P.. & L.
W. Valley Road
1400' t Westerly
of West Valley Road
Co. Right-of-way
36"
Easement adj. to West
South 228th Street
Easement on P.S.P.
& L. Right-of-way
Valley Road -West Side
8"
Easement adj. to West
300' ± North of
South 228th Street
600' f North of
South 228th St.
Valley Road -East Side
30"
Easement adj. to West ;-,;�:.,�1: Cole Street
South 228th Street
Valley Road -West Side
Extended
10"
Easement adj. to West
1300' ± North of
South 212th Street,
Valley Road -East Side
South Line
Sec. 1-22-4
12"
South 212th Street-
West Valley Road
64th Ave. South
South Side
12"
South 212th Street-
64th Avenue South
1900' ± Westerly
South Side
27"
Easement P.S.P. & L.
700' t West of C.L.
14-22-4
1400' t West of
West Valley Road
Co. Right -of -Way
Sec.
12"
Easement 700' ± West of
Easement on P.S.P.
600' f Northerly
C.L. of Sec. 14-22-4
& L. Co. Right -of-
thereof
way
24"
Easement 700' ± West of
Russell Road
Easement on P.S.P.
C.L. Sec. 14-22-4
& L. Co. Right -of -
Way
8"
Easement adj. to West
South 238th Street
1300' ± South of
Valley Road -East Side
South 228th St.
72"
Easement -80th Ave. So.
South 188th Street
South 192nd St.
8"
Easement -So. 190th St.
N.F. Railway.
80th Ave. South
PIPE
SIZE
7211
3011
27"
241'
811
8"
1011
1811
1011
18"
12"
811
8"
18'1
18"
8"
811
811
15"
8"
12'1
10'1
8"
24#1
ON
Easement -So. 192nd St.
South 192nd Street
Easement adj. to West
Valley Road -West Side
Easement adj. to West
Valley Road -West Side
Easement adj. to West
Valley Road -East Side
South 206th Street
72nd Ave. South
Easement - 1300' ±
North of South Line
Sec. 1-22-4
72nd Ave. South
Easement -South 192nd
Street,
Easement adj. to East
Valley Road -East Side
Easement adj. to East
Valley Road -East Side
Easement adj. to East
Valley Road -West Side
Easement -80th Ave. So.
Easement -So. 196th St.
Easement -So. 196th St.
Easement -78th Ave. So.
South 196th Street
81st Avenue South
Easement -So. 198th St.
Easement -So. 200th St.
Easement adj. to East
Valley Road -West Side
South 202nd Street
South 206th Street
-2 -
FROM
80th Ave. So.
N.P. Railway
South 192nd Street
TO
N.P. Railway
West Valley Road
South 196th St.
South 196th Street 2500' ± South of
196th Street
1700' t South of
South 196th Street
76th Avenue So.
South 206th St.
72nd Ave. South
700' ± North of
South 206th St.
East Valley Road
400' t North of
South 192nd St.
1000' f South of
South 192nd St.
South 192nd Street
South 196th Street
80th Ave - South
78th Ave. South
South 196th St.
East Valley Road
So. 200th Street
78th Ave. South
East Valley Road
South 206th St.
N.P. Railway
80th Ave. South
South 192nd Street
72nd Ave. South
700' ± North of
South 206th Street
West Side of West
Valley Road
1200' f Northerly
thereof
80th Ave. South
South 192nd Street
South 192nd Street
400' f North of
South 192nd Street
South 192nd Street
81st Ave. South
80th Ave. South
South 198th St.
81st Ave. South
So. 196th Street
81st Ave. South
81st Ave. South
South 200th St.
80th Avenue South
76th Ave. South
-3 -
PIPE
SIZE
ON
FROM
TO
18"
Easement -So. 206th St.
East Valley Road
80th Ave. South
Extended
12"
80th Avgnue South
South 206th Street
South 208th St.
10"
80th Ave. South
South 200th St.
South 206th St.
72"
76th Ave. South
1300' ± Southerly
South 212th St.
of So. 212th St.
421"
76th Ave. South
1300' ± Southerly
South 222nd St.
of So. 212th St.
Extended
30"
Easement -76th Avenue
400' t South of
South 222nd Ave.
Extended
South 228th St.
Extended
,8"
Easement adj. to East
850' f South of
South 222nd St.
Valley Road -West Side
So. 222nd St.
24"
Easement adj. to East
800' t North of
South 222nd St.
Valley Road -West Side
So. 222nd St.
24"
So. 222nd St. & Easement
East Valley Road
76th Ave. South
So. 222nd St. Extended
10"
South 228th St.
800' ± Easterly of
76th Ave. South
N.P. R.R. R/W
Extended
30"
Easement
76th Ave. So
North 4th Avenue
Extended 400' f
Extended 800' t
South of So. 228th
South of So. 228th
Street
Street
30"
North 4th Avenue
234th Street
800' t South of
Extended a
So. 228th Street
30"
Novak Lane & Westerly
East side of East
Valley Freeway
Extension on Easement
Valley Road
8"
Easement adj. to East
1100' ± North of
Novak Lane
Valley Road -West Side
James Street
8"
Easement adj. to East
1500' ± North of
Novak Lane
Valley Road -East Side
James Street
151"
Easement adj. to East
Novak Lane
South 228th St.
Valley Road -East Side
8"
Easement adj. to East
South 228th St.
Novak Lane
Valley Road -West Side
30"
Easement along East
Novak Lane Extended
So. 234th St.
edge Valley Freeway
.30"
South 234th Street
East edge Freeway
No. 4th Avenue
Extended
PART II - SEWERS IN L.I.D No. 250 IN NEW LOCATIONS - NO LOCAL SEWER ASSESSMENTS
Pipe
Size On
72" 76th Ave. South
72" 77th Ave. South
72" So. 212th Street
From
So. 192nd Street
So. 206th Street
77th Ave. South
To
So. 206th Street
So. 212th Street
76th Ave. South
EXHIBIT "B"
SEWERS OUTSIDE U. L. I. D. No. 1
Pipe
Size
On
From
To
30"
Easement adj . to West
Cole Street
Michael Wilson
Valley Hiway -West Side
Extended
Road #332
30"
Michael Wilson Road
West Valley
So. 238th Street
#332
Highway
30"
So. 238th Street
Michael Wilson
60' ± Westerly of
Road #332
East line
Sec. 14-22-4
30"
Easement
So. 238th Street
South line
Sec. 14-22-4
24"
Easement Winner Street
60'i- Westerly of
2000'± Westerly
Extended
East line
Southeast corner
Sec. 14-22-4
Sec. 14-22-4
24"
Easement 2000'±
Winner Street
1400' ± Southerly
Westerly of East line of
Extended
Sec. 14-22-4