HomeMy WebLinkAbout3896Ordinance No. 3896
(Amending or Repealing Ordinances)
CFN=1308 — LID 363 — South 224th Street Project/East Valley Highway to SR -515
Passed — 12/9/2008
LID 363 Formation Ordinance
ORDINANCE NO. _399b
AN ORDINANCE of the City Council of the
City of Kent, Washington, ordering the construction
of a roadway beginning at the intersection of East
Valley Highway and S. 224th Street via S. 218th/216th
Street, terminating at the intersection of Benson
Road and S. 216th and the installation of curbs,
gutters, sidewalks, a two-way left turn lane, planted
center medians where possible, roadside planter
strips, street lighting, undergrounding of overhead
electrical facilities, storm water management
facilities, a bridge over SR 167, a new Garrison
Creek bridge, sanitary sewer and water extensions
and/or stubs and appurtenances to provide service
to properties not currently served by City utilities, all
relating to the overall project on East Valley Highway
to the west and 108th Avenue SE (SR 515, Benson
Highway) to the east, all in accordance with
Resolution No. 1796 of the City Council; establishing
Local Improvement District No. 363 and ordering the
carrying out of the proposed improvements;
providing that payment for the improvements 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 improvement district bonds.
RECITALS
A. Pursuant to Resolution No. 1796 adopted November 20, 2008,
City Council declared its intention to order the construction of a
roadway beginning at the intersection of East Valley Highway and S. 224th
Street via S. 218th/216m Street, terminating at the intersection of Benson
Road and S. 216th and the installation of curbs, gutters, sidewalks, a two-way
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left turn lane, planted center medians where possible, roadside planter strips,
street lighting, undergrounding of overhead electrical facilities, storm water
management facilities, a bridge over SR 167, a new Garrison Creek bridge,
sanitary sewer and water extensions and/or stubs and appurtenances to
provide service to properties not currently served by City utilities, all relating
to the overall project on East Valley Highway to the west and 108"' Avenue
SE (SR 515, Benson Highway) to the east, and fixed December 9, 2008, 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 improvements and all
comments thereon and objections thereto and for determining the method
of payment for the improvements; and
B. The City's Public Works Director caused an estimate to be
made of the cost and expense of the proposed improvements and certified
that estimate to the City Council, together with all papers and information
in his possession touching the proposed improvements, a description of the
boundaries of the proposed local improvement district and a statement of
what portion of the cost and expense of the improvements should be borne
by the property within the proposed district; and
C. That estimate is accompanied by a diagram of the proposed
improvements showing thereon the lots, tracts, parcels of land, and other
property which will be specially benefited by the proposed improvements
and the estimated cost and expense thereof to be borne by each lot, tract
and parcel of land or other property; and
D. 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 persons appearing at such
hearing and wishing to be heard were heard; and
E. The City Council has determined it to be in the best interests
of the City that the improvements as hereinafter described be carried out
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and that a local improvement district be created in connection therewith;
NOW, THEREFORE,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. 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 a roadway beginning at the intersection of East Valley
Highway and S. 224th Street via S. 218th/216th Street, terminating at the
intersection of Benson Road and S. 216th and the installation of curbs,
gutters, sidewalks, a two-way left turn lane, planted center medians where
possible, roadside planter strips, street lighting, undergrounding of overhead
electrical facilities, storm water management facilities, a bridge over SR 167,
a new Garrison Creek bridge, sanitary sewer and water extensions and/or
stubs and appurtenances to provide service to properties not currently
served by City utilities, all relating to the overall project on East Valley
Highway to the west and 108th Avenue SE (SR 515, Benson Highway) to the
east.
All of the foregoing shall be in accordance with the plans and
specifications therefore prepared by the City's Public Works Director, and
may be modified as long as such modification does not affect the purpose
of the improvements.
SECTION 2. There is created and established a local improvement
district to be called Local Improvement District No. 363 of the City of Kent,
Washington (the "District"), the boundaries or territorial extent of the
District being more particularly described in Exhibit A, attached hereto and
by this reference incorporated herein. The improvements are described in
Exhibit B.
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SECTION 3. The total estimated cost and expense of the
improvements is declared to be $35,100,000. Approximately $24,174,096
of which cost and expense shall be paid by the City, and/or by grants and
the balance thereof (an estimated $10,925,904) of the cost and expense
shall be borne by and assessed against the property specially benefited by
such improvements included in the District, which embraces as nearly as
practicable all property specially benefited by such improvements.
SECTION 4. 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.
SECTION 6. Local improvement district warrants may be issued in
payment of the cost and expense of the improvements herein ordered to
be assessed, such warrants to be paid out of the Local Improvement Fund,
District No. 363, 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
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
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alternative, the City hereafter may provide by ordinance for the issuance of
other short-term obligations pursuant to chapter 39.50 RCW, or for
interfund loans.
If the City shall authorize expenditures to be made for such
improvements (other than for any cost or expense expected to be borne by
the City) prior to the date that any short-term obligations or local
improvement district bonds are issued to finance the improvements, 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 improvements 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 improvements in a principal
amount not exceeding $12,000,000.
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.
5 LID 363 Formation Ordinance
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, short-term
obligations referred to in Section 5, or interfund loans from the General
Fund, Street Fund and/or Sewer Fund to the Local Improvement Fund in
the maximum aggregate amount of $12,000,000 are authorized and
approved, those loans to be repaid on or before the issuance of such bonds
or short-term obligations from the proceeds thereof. Any such interfund
loans shall bear interest at a variable rate, adjusted the 15th and last day of
each month, equal to the interest rate of the State of Washington Local
Government Investment Pool on the 15th and last day of each month. The
initial interest rate on the date of each interfund loan shall be determined
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 improvements is carried 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 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 improvements and cash warrants in payment for all other items of
expense in connection with the improvements shall be issued against the
Local Improvement Fund.
6 LZD 363 Formation Ordinance
SECTION 10. Within fifteen (15) days of the passage of this
ordinance there shall be filed with the Finance Director of the City the title
of the improvements 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 improvements to be borne by each lot, tract or parcel of land. The
Finance Director of the City immediately shall post the proposed
assessment roll upon the index of local improvement assessments against
the properties affected by the local improvement.
SECTION 11. — Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 12. - Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
affirmed.
SECTION 13. - Effective date. This ordinance shall take effect and
be in force five (5) days from and after its passage, approval, and
publication as required by law.
COOKE, MAYOR
ATTEST:
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FOSTER PEPPER PLLC
Special Counsel and Bond Counsel
8 LID 363 Formation Ordinance
PASSED: day of December, 2008.
APPROVED: 1? day of December, 2008.
PUBLISHED: /j day of December, 2008.
I hereby certify that this is a true copy of Ordinance No. 3 Y%( -
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
6 -- (SEAQ
BRENDA JACOB CITY CLERK
9 LID 363 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. 38'96 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
.c�m�ev 9 , 2008, 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.
WITNESS WHEREOF, I have hereunto set my hand this JL day
of 2008.
CITY OF KENT, WASHINGTON
BRENDA JACOBER Ck4 Clerk
Exhibit A
L.I.D. Boundary Description
L.I.D. 363
South 224th/228th Street Corridor (Easterly Section)
East Valley Highway (84th Avenue South) to Benson Road (SR 515)
Those properties lying within the City of Kent subject to a recorded South 224th/228th
Street Corridor (Easterly Section) Environmental Mitigation Agreement lying within the
boundaries or territorial extent of Local Improvement District 363. The boundaries or
territorial extent of Local Improvement District 363 are generally lying South of South
208th/212th Street, East of 68th Avenue South, North of Southeast 256th Street and
West of 140th Avenue Southeast.
A copy of each Environmental Mitigation Agreement has been recorded, and
copies of the Environmental Mitigation Agreements and the legal description
of each parcel are available for inspection and copying at the offices of the
Kent City Clerk, City Hall, 220 4th Avenue South, Kent, Washington and the
Public Works Department, Centennial Building, 400 West Gowe Street, Kent,
Washington.
A - 1 LID 363 Formation Ordinance
Exhibit B
Description of Improvements
L.I.D 363 - 224th Street Project
(East Valley Highway to SR 515)
The overall project limits are East Valley Highway to the west and 108th
Ave SE (SR 515, Benson Highway) to the east. The roadway
improvements will be in accordance with the alternative selected by the
City Council during the environmental review process under the State
Environmental Policy Act (SEPA).
The roadway will be in various configurations depending on factors such as
environmental constraints, location and traffic capacity: four lanes on the
valley floor at the intersection of East Valley Highway and S. 224th Street;
two to four lanes crossing over SR 167; three lanes up the Kent East Hill
via S. 218th/216th Street; and, four lanes terminating at the intersection of
Benson Road and S. 216th Street. The new roadway will be roughly 1.8
miles long, and will include curbs, gutters and sidewalks, a two-way left
turn lane, planted center medians where possible, roadside planter strips,
street lighting, undergrounding of overhead electrical facilities, storm water
management facilities, a bridge over SR 167, a new Garrison Creek bridge
and other appurtenances. Sanitary sewer and water extensions, stubs and
other utility appurtenances will be provided where necessary for properties
currently without access to the utility systems, to avoid cutting the new
road at a later date.
B-1 LID 363 Formation Ordinance