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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 1 LID 363 Formation Ordinance 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 2 LID 363 Formation Ordinance 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. 3 LID 363 Formation Ordinance 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 4 LID 363 Formation Ordinance 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: 7 LZD 363 Formation Ordinance 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