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HomeMy WebLinkAbout1463CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE ordering the improvement of the City of Kent North Industrial Area by constructing and installing public water mains, together with valves, fittings, fire hydrants and appurtenances, to be connected to the City's water utility, all in accordance with Resolution No. 571 of the City Council of the City of Kent, Washington; establishing Local Improve- ment District No. 252; providing the method of assess- ment in that District; providing that payment for the improvement be made in part by special assessments upon the property in that District, payable by the mode of "payment by bonds"; and providing for the issuance and sale of local improvement district warrants redeemable in cash and local improvement district bonds. WHEREAS, By Resolution No. 571, adopted May 1, 1967, the City Council of the City of Kent declared its intention to order the improve- ment of the North Industrial Area of the City by constructing and installing public water mains, together with valves, fittings, fire hydrants and appurtenances to be connected to the City's water utility, and to create a local improvement district to assess a part of the cost and expense of carrying out such improvement against the property specially benefited thereby, and fixed the 5th day of June, 1967, at 8:00 o'clock (PDST) in the Council Chambers of the City Hall in the City of Kent, Washington, as the time and place for hearing all matters relating to that proposed improve- ment and all objections thereto and for determining the method of payment for that improvement; and , WHEREAS, Hill & Ingman, consulting engineers to the City, caused an estimate to be made of the cost and expenses of the proposed improvement and certified that estimate to the City Council, together with all papers and information in their possession touching the proposed improve- ment, a description of the boundaries of the proposed local improvement district, a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district, a statement in detail of the local improvement assessments outstanding or 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, that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed improve- ment, 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 Resolution No. 571 was given in the manner provided by law and the hearing was held by the City Council on June 5, 1967, and all written protests filed with the City Council on or before that date were duly considered and overruled and all persons appearing at the hearing were heard; and WHEREAS, the City Council has determined it to be in the best interests 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 hereby orders the construction and installation of the following described water mains along the following rights-of-way: - 2 - Pipe Size On From To 16" West Valley South 228th St. South 238th St. Highway 12" South 238th St. 900 ft.+ Westerly West Valley of West Valley Highway Highway 12" Easement Kent -Des Moines South 238th St. Road 16" West Valley South 204th St. South 192nd St. Highway 12" South 192nd St. West Valley 80th Avenue So. and Easement Highway 12" 53rd Avenue Kent -Des Moines South 228th St. South Road 12" 76th Avenue So. South 228th St. 2,260 ft. + South of South 212th St. 12" Russell Road South 212th St. 1,500 ft. + West of 5 3rd Avenue So. 12" South 228th St. West Valley 1,500 ft. ± West Highway of 5 3rd Avenue So. 10" 4th Avenue 900 ft. + North South 228th Street North of Winner Street 10" South 238th St. West Valley Adams Av enue Highway 10" South 196th St. West Valley Milwaukee Highway Railroad Right-of-way 16" South 212th St. West Valley Russell Road Highway The above described mains shall be installed together with valves, fittings, fire hydrants and appurtenances. All of the foregoing shall be in accordance with the plans and specifica- tions therefor prepared by Hill & Ingman, consulting engineers to the City. Section 2. There is hereby created and established a local improvement district to be called "Local Improvement District No. 252" of the City of Kent, Washington, which District is described in Exhibit "A", attached hereto and by this reference made a part hereof. - 3 - Section 3. The estimated cost and expense of the improvement is hereby declared to be $780,000.00. Not to exceed $498,000.00 of the cost and expense of the improvement shall be borne by and assessed against the property specially benefited by the improvement included in Local Improvement District No. 252, embracing as near as may be all property specially benefited by the improvement. Approximately $242,000.00 of the cost and expense of the improvement shall be paid from a grant anticipated to be received from the Economic Development Administration of the United States Department of Commerce, pursuant to the Public Works and Economic Development Act of 1965 (P. L. 89-136) Project #07- 1-00099, the Offer of Grant being made May 24, 1966, and duly accepted by the City on June 2, 1966. The balance of the cost and expense of the improvement shall be paid from the proceeds received from the issuance and sale of the "Water Revenue Bonds, 1967," of the City authorized to be issued by Ordinance No. 1408 of the City and/or from such other funds of the City as may be available therefor. Section 4. The nature of the improvement provided for herein 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 zone -and -termini method of assessment therefor, and it is 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 improvement without regard to the zone -and -termini method provided by statute. Section S. Local improvement district warrants shall be issued in payment of that portion of the cost and expense of the improvement herein ordered to be assessed, such warrants to be payable out of the "Local Improvement Fund, District No. 252," 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 improve- -4- ment district bonds, herein authorized to be issued, those 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 exceeding 6% per annum, shall be payable on or before twelve ( 12 ) years from the date of issuance, the life of the improvement ordered being not less than twelve 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. 252 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 the District, payable in ten (10) equal annual installments, with interest at a rate to be hereafter fixed by ordinance not exceeding 6% per annum, under the mode of II 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 here- after 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 the revenue warrants and bonds shall be hereafter fixed by ordinance of the City Council. The revenue 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 the improvement shall be done by and made by contract upon 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. 252. " - 5 - 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. 252, a special fund to be known and designated as "Local Improvement Fund, District No. 252," into which fund shall be deposited the moneys to be received by way of grant from the Economic Development Administration of the United States Department of Commerce, pursuant to the Public Works and Economic Development Act of 1965 (P. L. 89-136) Project #07-1-00099 allocated to the portion of the improvement to be undertaken in such District the portion of proceeds received from the issuance and sale of the "Water Revenue Bonds, 1967," as aforesaid allocated to such District and/or other funds contributed by the City, the proceeds from the sale of revenue 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 connection with said improvement, and against which fund cash warrants shall be issued in payment of all other items of expense in connection with the improvement. PASSED by the City Council and APPROVED by the Mayor of the City of Kent, Washington, at a regular meeting thereof, this 3rd day of July, 1967. ATTEST: �- City rk FORM APPROVED: r CJS i City Attorney - 6 - M A Y O R FXT4TBTT "All Page 1 -6f 4 Beginning at the intersection of the East line of Tract 29, Supple- mental Plat of Meeker's First Addition to the Town of Kent, according to plat thereof recorded in Vol. 5 of Plats, Page 96, Records of King County, Washington, with the Easterly prolongation of the Southerly line of the NW 1/4 of the NE 1/4 of Section 23, Twp. 22 North, Range 4 East W.M.; thence Westerly along said Easterly prolongation and said Southerly line to the Southwest corner of said Subdivision, being also the Southeast corner of Government Lot 1, said Section 23; thence Westerly along the Southerly line of Government Lot 1, said Sec. 23, to the center line of John Downey Road No. 722; thence Southeasterly along said center line to an intersection with the Easterly prolongation of the South line of the following described Parcel "A": Parcel "A" That certain portion of the NW 1/4 of Section 23, Twp. 22 North, Range 4 East W.M., in King County, Washington, described as follows: Beginning at a point on the Section line between Sections 14 and 23, said township and range, 3559.9 ft. west of the corner common to Sections 13, 14, 23, and 24 of said township and range, said point being at the intersection of said section line and the West boundary line of county road running along the right bank of White River and marked by a round concrete monument 6 inches in diameter and 2 feet long set 2 ft. in the ground; running thence South 9058100" East along the West boundary line of said road 257.95 ft. to a point marked by a round con- crete monument 6 inches in diameter and 2 feet long, set 2 ft. in the ground; thence South 20°35100" East along the West boundary line of said road 1287.7 ft. to a point marked by a round concrete monument 6 inches in diameter and 2 feet long, set 2 feet in the ground, and being the Northeast corner of a tract of land conveyed to Olive V. Stewart by deed recorded in Vol. 713 of Deeds, page 203, under Auditor's File No. 629614, records of King County, Washington; thence West 1967 ft. to the Southeast corner of a tract of land conveyed to the Puget Sound Broad- casting Company by deed recorded in Vol. 1421 of Deeds, Page 94, Records of said County; thence North along the East line of said Puget Sound Broadcasting Company tract, 850 ft. more or less, to the Northerly line of Government Lot 2, Section 23; thence Easterly and Northerly along the Northerly and Northwesterly boundary line of Government Lot 2 and 1 of Section 23, approximately 1975 ft. to an intersection with the said .Section line between Sections 14 and 23; thence East approximately 30 feet to the point of beginning; SUBJECT to an easement for right of way over the South 15 feet thereof. Thence Westerly along said prolongation and said South line -to the Southwest corner of the above described Parcel "A"; thence Northerly along the West line of the above described Parcel "A" to the center line of the Green River; thence in a generally Northerly direction along said center line through Sections 23, 14, 15 and 10, all in Twp. 22 North, Range 4 East W.M., to the West line of Section 11, Township 22 North, Range 4 East W.M.; thence Southerly along said West line of Sec. 11 to the Southeasterly margin of Russell Road(Revision No. 10-22- 4-1; thence Northeasterly to the Easterly margin of Russell Road, also EXHIBIT "A" Pg. 2 ofd_ known as County Road No. 8; thence Northerly along said Easterly 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 Stl; thence Easterly along the South margin of 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 Easterly along the Southerly line of said Section 36 to the center line of Secondary State Highway No. 5M (Also known as West Valley Road); thence Northeasterly along said center line of Secondary State Highway No. 5M to an intersection with the Westerly prolongation of the North margin of vacated McDougall Street in the Plat of Orillia Garden Tracts, according to plat thereof recorded in Vol. 26 of Plats, Page 7,. Records of King County, Washington; thence Easterly along said Westerly prolongation, said North margin, and the Easterly prolongation thereof to the Easterly line of the 100 -foot right of way of the Northern Pacific Railway Company; thence Southeasterly along said Easterly right of way line to an intersection with the Westerly prolongation of a line which'is parallel with and 315.2 ft. North (measured at right angles) from the South line of the SE 1/4 of Section 36, Twp. 23 North, Range 4 East W.M.; thence Easterly along said Westerly prolongation and said parallel line to the East line of the SW 1/4 of the SE 1/4 of said Sec. 36; thence Southerly along said East line to the Southeast corner of said Subdivision, being also the Northeast corner of the NW 1/4 of the NE 1/4 of Fractional Section 1; thence Southerly along the East line of the NW 1/4 of the NE 1/4 of Fractional Section 1, Twp. 22 North, Range 4 East w.M., to an intersection with a line which is parallel with and 755.0 ft. South (measured at right angles), from the North line of said Section l;thence Westerly along said parallel line to the Westerly line of the NW 1/4 of the NE 1/4 of said Sec. 1; thence Southerly along said Westerly line to the Southwest corner of said Subdivision; thence Westerly along the South line of the NE 1/4 of the NW 1/4 of said Section 1 to the Westerly line of the 100 -ft. right of way of the Puget Sound Power & Light Company; thence Southerly along said Westerly line to the North line of the S 1/2 of the SW 1/4 of said Sec. 1; thence Westerly along said North line to the West line of said Sec. 1; thence Southerly along said West line to the Southwest corner of said Sec. 1, being also the Northeast corner of Sec- tion 11, Twp. 22 North, Range 4 East W.M.; thence Southerly along the East line of Section 11, Twp. 22 North, Range 4 East W.M., to the North- east corner of the SE 1/4 of said Section 11; thence Westerly along the North line of said SE 1/4 to the West line of the E 1/2 thereof; thence Southerly along said West line to the South line of said SE 1/4; thence Easterly along said South line to the Southeast corner of said Sec. 11, being also the Northwest corner of Section 13, Twp. 22 North, Range 4 East W.M'..; thence Southerly along the West line of Section 13, Twp. 22 North, Range 4 East W.M., to an intersection with a line which is paral- lel with and South 330 ft.(measured at right angles), from the North line of the S 1/2 of the NW 1/4 of said Sec. 13; thence Easterly along said parallel line to the Easterly line of the 100 -ft. right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence Northerly along said Easterly line to the North line of the S 1/2 of the NE 1/4 of the SW 1/4 of Sec. 12, Twp. 22 North, Range 4 East W.M.; thence EXHIBIT Page 3 of 4 Easterly along said North line to the West line of the SE 1/4 of said Section 12; thence Easterly along the North line of the S 1/2 of the NW 1/4 of said SE 1/4 to the Westerly line of the 100 -ft. right of way of the Northern Pacific Railway Company; thence Southerly along said Westerly line to the North line of the S 1/2 of the NW 1/4 of the SE 1/4 of Sec. 13, Twp. 22 North, Range 4 East W.M.; thence Westerly along said North line to an intersection with a line which is parallel with and Westerly 125 ft. (measured at right angles) from the East line of the W 1/2 of the W 1/2 of the SE 1/4 of said Sec. 13; thence Southerly along said parallel line to an intersection with the Westerly prolongation of the North line of Lot 23, Block 7, North Park 2nd Addition to the City of Kent, according to plat thereof recorded in Vol. 19 of Plats, Page 50, Records of King County, Washington; thence Westerly along said Westerly prolongation to an intersection with a line which is parallel with and Westerly 147 ft. (measured at right angles), from the East line of the W 1/2 of the W 1/2 of the SE 1/4 of said Sec. 13; thence Southerly along said parallel line to the North line of the South 306 ft. of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Sec. 13; thence Westerly along said North line 15 ft. to an intersection with a line which is parallel with and Westerly 162 ft. (measured at right angles) from the East line of the W 1/2 of the W 1/2 of the SE 1/4 of said Sec. 13; thence Southerly along said parallel line to the North line of the South 255 ft. of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 13; thence Westerly along said North line to the West line of the SE 1/4 of said Sec. 13; thence Northerly along said West line to the Northeast corner of the S 1/2 of the SW 1/4 of said Sec. 13; thence Westerly along the North line of the S 1/2 of said SW 1/4 to the East line of the West 678.17 ft. of said SW 1/4; thence Northerly along said East line to the. North line of the following described Parcel "B": Parcel "B" That portion of the. NW 1/4 of the SW 1/4 of'Section 13, Twp. 22 North, Range 4 East W.M., in King County, Washington, described as follows: Beginning at the Northwest corner of the SW 1/4 of the NW 1/4 of said Section; thence South 1955.43 ft. along the center line of County Road to true point of beginning; thence East 678.17 ft.; thence South 125.02 ft.; thence West 678.17 ft.; thence North 125.02 ft. to the true poing of beginning. Thence Westerly along said North line to the West line of said Section 13; thence Southerly along said West line to the North line of Supplemental Plat of Meeker's First Addition 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 North line to the Northwest corner of Tract 2, said Plat; thence Southerly along the West line of said Tract to a point which is Northerly 128 ft. (measured along said West line) from the Northerly margin of Morton St.; thence Easterly parallel with said Northerly margin 386 ft.; thence Easterly to a point which is 141.04 ft. West of the Westerly margin of Michael Wilson County Road and 127.50 ft. North of the Northerly EXHIBIT "A" Pg 4 of 4 margin of Morton St.; thence Easterly 141.04 ft. to a point on the Westerly margin of said County Road which is Northerly 131 ft. (measured along said Westerly margin) from the Northerly margin of Morton St.; thence Southerly along said Westerly margin and the Southerly prolongation thereof to the center line of Morton St.; thence Westerly along said center line to an intersection with the Northerly prolongation of the Easterly line of Tract 7, said Supplemental Plat of Meeker's First Addi- tion to Kent; thence Southerly along said prolongation and said Easterly line to the Southeast corner of said Tract 7, being also the Northeast corner of Tract 9, said Plat; thence Southerly along the Easterly line of said Tract 9 to the Southeast corner thereof, being also the Northeast corner of Tract 29, said Plat; thence Southerly along the Easterly line of Tract 29, said Plat to the Point of Beginning; EXCEPT that portion of the West 678.17 ft. of the NW 1/4 of the SW 1/4 of Sec. 13, Twp. 22 North, Range 4 East W.M., lying North of the following described line: Beginning at the Northwest corner of the SW 1/4 of the NW 1/4 of said Sec. 13; thence South 1830.155 ft. along the center line of County Road to the True Point of Beginning; thence East 678.17 ft. to the terminus of said line.