HomeMy WebLinkAbout3653ORDINANCE NO. 653
AN ORDINANCE of the city council of the city of
Kent, Washington, ordenng the construction of an 8" sanitary
sewer system with 6" side sewer stubs to the right-of-way
line or easement line, all in accordance with Resolution No
1645 of the city council; establishing Local Improvement
Distnct No 355 and ordenng the canymg out of the
proposed improvement, providing that payment for the
improvement be made in part by special assessments upon
the property in the District, payable by the mode of "payment
by bonds", and providing for the issuance and sale of local
improvement district warrants redeemable in cash or other
short-term financing and local irnprovement district bonds
WHEREAS, by Resolution No. 1645 adopted June 17, 2003, the city
council declared its intention to order the construction of an 8" sanitary sewer system
with 6" side sewer stubs to the nght-of-way line or easement line, and fixed July 15,
2003, at 7.00 p.m., local time, in the council chambers of City Hall as the time and
place for hearing all matters relating to the proposed improvement and all comments
thereon and objections thereto and for determining the method of payment for the
improvement, and
WHEREAS, the city's Public Works Director caused an estimate to be
made of the cost and expense of the proposed improvement and certified that estimate
to the city council, together with all papers and information in his possession touching
the proposed improvement, a descnption of the boundanes of the proposed local
improvement district and a statement of what portion of the cost and expense of the
improvement should be home by the property within the proposed district, and
LID 355 Formation Ordinance
5039156901
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 improvement and the estimated 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 the date and at the
time above mentioned, [and all objections to the proposed improvement were duly
considered and overruled,] and all persons appearing at such hearing and wishing to be
heard 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 carred out and that a local
improvement district be created in connection therewith, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS•
SECTION I. The city council of the city of Kent, Washington, orders
the improvement of the properties within the area described in Exhibit A, attached
hereto and by this reference made a part hereof, by the construction of an 8" sanitary
sewer system with 6" side sewer stubs to the right-of-way line or easement line
All of the foregoing shall be in accordance with the plans and
specifications therefor prepared by the city's Public Works Director, and may be
modified by the city council as long as such modification does not affect the purpose of
the improvement
SECTION 2 There is created and established a local improvement
district to be called Local Improvement District No 355 of the city of Kent,
Washington (the "District"), the boundaries or territorial extent of the District being
more particularly described in Exhibit B, attached hereto and by this reference
incorporated herein.
5039156901 -2- LID 355 Formation Ordinance
SECTION3 The total estimated cost and expense of the improvement
is declared to be $819,270 Approximately $758,866 of the cost and expense shall be
borne by and assessed against the property specially benefited by such improvement
included in the District, which embraces as nearly as practicable all property specially
benefited by such improvement and the balance of such cost and expense shall be paid
by the city.
SECTION4. In accordance with the provisions of RCW 35.44.047, the
city may use any method or combination of methods to compute assessments that may
be deemed to more fairly reflect the special benefits to the properties being assessed
than the statutory method of assessing the properties
SECTION 5 No property, any portion of which is outside the District,
may connect to those improvements constructed or made a part of such District unless
either that property shall have been subject to the special assessments on the
assessment roll for that District or the owners of that property shall have paid prior to
such connection a charge in lieu of assessment, which shall be at least the equivalent of
those assessments that would have been applied to that property had it been included
within that District
SECTION6. Local improvement district warrants may be issued in
payment of the cost and expense of the improvement herein ordered to be assessed,
such warrants to be paid out of the Local Improvement Fund, District No 355,
hereinafter created and referred to as the Local Improvement Fund, and, until the bonds
referred to in this section are issued and delivered to the purchaser thereof, to bear
interest from the date thereof at a rate to be established hereafter by the city's Finance
Department Director, as issuing officer, 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." In the alternative, the city
hereafter may provide by ordmance for the issuance of other short-term obligations
pursuant to chapter 39.50 RCW
If the city shall authorize expenditures to be made for such
improvement (other than for any cost or expense expected to be borne by the city) prior
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5039x56901
to the date that any short-term obligations or local improvement district bonds are
issued to finance the improvement, from proceeds of interfund loans or other funds that
are not, and are not reasonably expected to be, reserved, allocated on a long-term basis
or otherwise set aside to pay the cost of the improvement herein ordered to be assessed
against the property specially benefited thereby, the city declares its official intent that
those expenditures, to the extent not reimbursed with prepaid special benefit
assessments, are to be reimbursed from proceeds of short-term obligations or local
improvement district bonds that are expected to be issued for the improvement in a
principal amount not exceeding $758,866.
The city is authorized to issue local improvement district bonds for the
District that shall bear interest at a rate and be payable on or before a date to be
hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or in
redemption of any and all revenue warrants issued hereunder or other short-term
obligations hereafter authorized and not redeemed in cash within twenty (20) days after
the expiration of the thirty -day period for the cash payment without interest of
assessments on the assessment roll for the District. The bonds shall be paid and
redeemed by the collection of special assessments to be levied and assessed against the
property within the District, payable in annual installments, with interest at a rate to be
hereafter fixed by ordinance under the mode of "payment by bonds," as defined by law
and the ordinances of the city. The exact form, amount, date, interest rate, and
denominations of such bonds hereafter shall be fixed by ordinance of the city council
Such bonds shall be sold in such manner as the city council hereafter shall determine
SECTION 7 For the purpose of paying all or a part of the costs of
carrying out the improvements within the District pending the receipt of the proceeds
of the issuance and sale of the bonds or short-term obligations referred to in Section 5,
mterf ind loans from the General Fund and/or Street Fund to the Local Improvement
Fund in the maximum aggregate amount of $758,866 are authorized and approved,
those loans to be repaid on or before the issuance of such bonds or libations from the
proceeds thereof Each of the mterfund loans shall bear interest at a variable rate,
adjusted the 15a' and last day of each month, equal to the interest rate of the State of
Washington Local Government Investment Pool on the 15t' and last day of each
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50191569 01
month The initial interest rate on the date of each interfund loan shall be deternirned
as of the last preceding interest payment adjustment date.
SECTION 8. In all cases where the work necessary to be done in
connection with the making of such improvement is carred out pursuant to contract
upon competitive bids (and the city shall have and reserves the right to reject any and
all bids), the call for bids shall include a statement that payment for such work will be
made in cash warrants drawn upon the Local Improvement Fund
SECTION 9. The Local Improvement Fund for the District is created
and established in the office of the Finance Department Director of the city The
proceeds from the sale of revenue warrants or other short-term obligations drawn
against the fund which may be issued and sold by the city and the collections of special
assessments, interest and penalties thereon shall be deposited in the Local
Improvement Fund Cash warrants to the contractor or contractors in payment for the
work to be done by them in connection with the improvement and cash warrants in
payment for all other items of expense in connection with the improvement shall be
issued against the Local Improvement Fund.
SECTION10. Within fifteen (15) days of the passage of this ordinance
there shall be filed with the Finance Department Director of the city the title of the
improvement and District number, a copy of the diagram or print showing the
boundaries of the District and the preliminary assessment roll or abstract of such roll
showing thereon the lots, tracts and parcels of land that will be specially benefited
thereby and the estimated cost and expense of such improvement to be borne by each
lot, tract or parcel of land The Finance Department Director of the city immediately
shall post the proposed assessment roll upon her index of local improvement
assessments against the properties affected by the local improvement
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50391569 01
SECTION 11. Tlus ordinance shall take effect and be in force five (5)
days from and after its passage, approval, and publication as required by law.
ATTEST:
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FOSTER PEPPER & SBEFELMAN PLLC
Special Counsel and Bond Counsel
Passed the ,a day of August, 2003.
Approved the day of August, 2003.
Published the . // day of August, 2003.
50391M901 -6- LID 355 Formation Ordinance
CERTIFICATION
I, the undersigned, city clerk of the city of Kent, Washington, hereby certify as
follows
1. The attached copy of Ordinance No. S.3 is a full, true and correct copy of
an ordinance duly passed at a regular meeting of the city council of the city held at the
regular meeting place thereof on August 5, 2003, as that ordinance appears on the
minute book of the city, and the ordinance will be in full force and effect five (5) days
after the publication of its summary in the city's official newspaper, and
2 A quorum of the members of the city council was present throughout the
meeting and a majority of those members present voted in the proper manner for the
passage of the ordinance
IN WITNESS WHEREOF, I have hereunto set my hand this day of
August, 2003.
CITY OF KENT, WASHINGTON
BRENDA JACOBER ity Clerk
M391M901 -7- LID 355 Formation Ordinance
EXHIBIT "A"
LID 355
SE 210 STREET AND 104TH PLACE SE SANITARY SEWERS
BOUNDARY LEGAL DESCRIPTION
LOTS 1, 2, 3, 4, 5, 6, 7 AND 8, BLOCK 1 AND LOTS 1, 2, 3, 4, AND 5, BLOCK 2 AND LOT
8, BLOCK 3, ALL LOCATED IN MOUNT VIEW PARK, ACCORDING TO THE PLAT
RECORDED IN VOLUME 67 OF PLATS, PAGE 84, RECORDS OF KING COUNTY,
WASHINGTON,
AND ALSO LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 AND 12, BLOCK 1 AND LOTS 1, 2, 3, 4, 5,
6, 7, 8, 9 AND 10, BLOCK 2, ALL LOCATED IN MOUNT VIEW PARK NO 2,
ACCORDING TO THE PLAT RECORDED IN VOLUME 75 OF PLATS, PAGE 43,
RECORDS OF KING COUNTY, WASHINGTON,
AND ALSO, THE WEST 80 FEET OF THE EAST 160 FEET OF THE NORTH 170 FEET OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 8, TOWNSHIP 22 NORTH, RANGE 5 EAST, W M., IN KING
COUNTY, WASHINGTON; EXCEPT THE NORTH 30 FEET FOR SE 216TH STREET,
AND ALSO, LOT A, OF KING COUNTY SHORT PLAT NO 574084, RECORDED UNDER
RECORDING NO 7412160327, RECORDS OF KING COUNTY, WASHINGTON, SAID
SHORT PLAT IS A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 22 NORTH,
RANGE 5 EAST, W M, IN KING COUNTY, WASHINGTON;
AND ALSO, THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 22 NORTH, RANGE 5 EAST, W M,
IN KING COUNTY, WASHINGTON, EXCEPT THE FOLLOWING DESCRIBED TRACTS
OF LAND- THE NORTH 170 FEET OF THE EAST 160 FEET OF SAID SUBDIVISION,
S PEDS�CamlUD 35RBoun4ary Legal Eth,bd A and B doc
THE NORTH 300 FEET OF THE WEST 90 FEET OF THE EAST 250 FEET OF SAID
SUBDIVISION,
THE WEST 258 FEET OF THE SOUTH 300 FEET OF SAID SUBDIVISION, THE WEST
162.50 FEET OF SAID SUBDIVISION, LYING NORTH OF THE SOUTH 300 FEET
THEREOF,
AND ALSO, ALL OF TRACTS 11 AND 12 OF UNRECORDED PLAT OF UNEEDAN
ORCHARD TRACTS, MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT A POINT 30 FEET EAST OF THE SOUTHWEST CORNER OF SECTION
8, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M , IN KING COUNTY, WASHINGTON;
THENCE NORTH 1,329 24 FEET,
THENCE EAST 603 88 FEET TO THE TRUE POINT OF BEGINNING,
THENCE EAST 633 88 FEET,
THENCE NORTH 64199 FEET,
THENCE WEST 15.17 FEET,
THENCE NORTH 15 FEET;
THENCE WEST 618 54 FEET,
THENCE SOUTH 642 04 FEET TO THE TRUE POINT OF BEGINNING,
EXCEPT THE SOUTH 390 FEET THEREOF;
AND EXCEPT THE WEST 258 FEET OF TRACT 11;
AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY
DEED RECORDED UNDER RECORDING NUMBER 8912181267,
AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS -
THAT PORTION OF LOT B OF KING COUNTY SHORT PLAT NO 574084, RECORDED
UNDER RECORDING NUMBER 7412160327, DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP
22 NORTH, RANGE 5 EAST, W M., IN KING COUNTY, WASHINGTON;
S PEDS\Carol\LID 355\Boundary Legal Exhibit A and B doc
THENCE EAST 383 88 FEET,
THENCE SOUTH 632 36 FEET,
THENCE EAST 66 FEET TO THE TRUE POINT OF BEGINNING,
THENCE CONTINUING EAST 40 FEET TO A POINT ON A CURVE TO THE LEFT
HAVING A RADIUS OF 60 FEET,
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45 DEGREES AN
ARC DISTANCE OF 45 92 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT
HAVING A RADIUS OF 90 FEET,
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45 DEGREES AN
ARC DISTANCE OF 68 88 FEET,
THENCE EAST 37 94 FEET TO THE EAST LINE OF SAID SUBDIVISION,
THENCE SOUTH ALONG SAID EAST LINE 71.3 FEET,
THENCE WEST 184 FEET TO A POINT SOUTH OF THE TRUE POINT OF BEGINNING,
THENCE NORTH TO THE TRUE POINT OF BEGINNING,
AND ALSO EXCEPT THE EAST 184 FEET (AS MEASURED ALONG THE SOUTH LINE)
OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 22 NORTH, RANGE 5
EAST, W M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS
BEGINNING AT A POINT 30 FEET EAST OF THE SOUTHWEST CORNER OF SAID
SECTION,
THENCE NORTH 1,329 24 FEET,
THENCE EAST 603 88 FEET TO THE TRUE POINT OF BEGINNING,
THENCE EAST 633 88 FEET,
THENCE NORTH 64199 FEET,
THENCE WEST 15.17 FEET,
THENCE NORTH 15 FEET,
THENCE WEST 618 54 FEET,
THENCE SOUTH 642 04 FEET TO THE TRUE POINT OF BEGINNING,
EXCEPT THE SOUTH 350 FEET THEREOF,
S PEDS\CamNLID 355U3nundary Legal Eshi6n A mid B doc
AND EXCEPT THAT PORTION CONDEMNED BY THE STATE OF WASHINGTON
UNDER SUPERIOR COURT CAUSE NUMBER 95-2-019475-1,
AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED
UNDER KING COUNTY RECORDING NUMBER 9802040743.
AND ALSO, THAT PORTION OF LOT B, KING COUNTY SHORT PLAT NUMBER
574084, RECORDED UNDER RECORDING NUMBER 7412160327, DESCRIBED AS
FOLLOWS:
COMMENCING A T T HE N ORTHEAST C ORNER O F T HE N ORTHEAST Q UARTER O F
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W M, IN KING COUNTY, WASHINGTON;
THENCE EAST 383.88 FEET;
THENCE SOUTH 632.36 FEET,
THENCE EAST 66 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING EAST 40 FEET TO A POINT ON A CURVE TO THE LEFT
HAVING A RADIUS OF 60 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 450 AN ARC
DISTANCE OF 45 92 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT HAVING
A RADIUS OF 90 FEET,
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 450 AN ARC
DISTANCE OF 68.88 FEET;
THENCE EAST 37 94 FEET TO THE EAST LINE OF SAID SUBDIVISION,
THENCE SOUTH ALONG SAID EAST LINE 71 3 FEET,
THENCE WEST 184 FEET TO A POINT SOUTH OF THE TRUE POINT OF BEGINNING,
THENCE NORTH TO THE TRUE POINT OF BEGINNING,
TOGETHER WITH THE EAST 184 FEET (AS MEASURED ALONG THE SOUTH LINE)
OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
5 PEDS\Cawl\LID 355\Boundary Legal Exhibit A aid B dm
OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 22 NORTH, RANGE 5
EAST W M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS -
COMMENCING AT A POINT 30 FEET EAST OF THE SOUTHWEST CORNER OF SAID
SECTION;
THENCE NORTH 1,329 24 FEET,
THENCE EAST 603 88 FEET TO THE TRUE POINT OF BEGINNING;
THENCE EAST 633 88 FEET;
THENCE NORTH 641 99 FEET;
THENCE WEST 15 17 FEET;
THENCE NORTH 15 FEET,
THENCE WEST 618 54 FEET;
THENCE SOUTH 642.04 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THE SOUTH 390 FEET THEREOF;
AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF
WASHINGTON BY WARRANTY DEED RECORDED UNDER RECORDING NUMBER
9406020493,
(BEING KNOWN AS A PORTION OF TRACT 12, UNEEDAN ORCHARD TRACTS,
ACCORDING TO THE UNRECORDED PLAT THEREOF),
(ALL OF THE ABOVE DESCRIBED BEING KNOWN AS A PORTION OF PARCEL B
KING COUNTY LOT LINE ADJUSTMENT NUMBER 1085020),
EXCEPT ANY PORTIONS OF ALL THE PROPERTY DESCRIBED HEREIN LYING
WITHIN PUBLIC RIGHT OF WAY.
S PEMCambLID 355Moundary Legal Exhibit A and B dm
EXHIBIT °B"
LID 355
SANITARY SEWER IMPROVEMENTS
The proposed project is the constriction of an 8" sanitary sewer system with 6" side sewer stubs
to the right of way line or easement line for each of the 39 properties included in the L I.D
boundary
The construction will include 8" sewer at the following locations -
ON
105th Place SE
SE 218'h Street
105th Avenue SE
SE 219th Street
FROM
SE 218th Street
105" Place SE
SE 218'' Street
105th Avenue SE
Easement SE 219th St. at end of
cul-de-sac West of
1051h Avenue SE
Easement End of above easement
S PEDSCaroPLID 355'9auudary Legal ExIllhn A and 0 dac
TO
Approximately 400 feet north
105th Avenue SE
SE 2201h Street approximately 75'
feet West of East plat boundary
East and West to cul-de-sac
Approximately 240 feet north-
westerly from center of cul-de-sac
Intersection of 103'd Place SE
and SE 216'h Street at existing
manhole