HomeMy WebLinkAbout4075 Ordinance No . 4075
(Amending or Repealing Ordinances)
LID 364 Formation Ordinance
Passed - 3/5/2013
The date rBeginning July 1, 1998"]has led to confusion This date will be deleted from cover sheets of
ordinance/resolution revision pages. This ever sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document—6/21/2012
ORDINANCE NO. �O�S
AN ORDINANCE of the City Council of the City of Kent,
Washington, ordering the construction or installation of
curbs, gutters, sidewalks, driveways, a two-way left turn
lane, bike lanes, street lighting, landscaping, erosion
control, undergrounding of overhead electrical facilities,
storm water management facilities, utility adjustments and
relocations and necessary appurtenances all relating to the
overall project of widening to 3 lanes on SE 256th Street
from Kent- Kangley Road to 116th Ave SE, all in accordance
with Resolution No. 1869 of the City Council; establishing
Local Improvement District No. 364 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. 1869 adopted February 5, 2013,
the City Council declared its intention to order the construction or
installation of curbs, gutters, sidewalks, driveways, a two-way left turn
lane, bike lanes, street lighting, landscaping, erosion control,
undergrounding of overhead electrical facilities, storm water management
facilities, utility adjustments and relocations and necessary appurtenances
all relating to the overall project of widening to 3 lanes on SE 256th Street
from Kent-Kangley Road to 116th Ave SE, and fixed March 5, 2013, 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
1 LID 364 Formation Ordinance
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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
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:
2 LID 364 Formation Ordinance
ORDINANCE
SECTION 1. The City Council of the City of Kent, Washington,
orders the improvement of right-of-way by the construction or installation
of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike
lanes, street lighting, landscaping, erosion control, undergrounding of
overhead electrical facilities, storm water management facilities, utility
adjustments and relocations and necessary appurtenances all relating to
the overall project of widening to 3 lanes on SE 256th Street from Kent-
Kangley Road to 116th Ave SE. 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. There is created and established
a local improvement district to be called Local Improvement District No.
364 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.
SECTION 2. The total estimated cost and expense of the
improvements is declared to be $7,000,000. Approximately $5,000,000 of
which cost and expense shall be paid by the City and/or by grants and the
balance thereof (an estimated $2,000,000) 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.
SECTZON 3. 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.
3 LZD 364 Formation Ordinance
SECTION . 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.
SEC, IT ON 5. Local improvement district warrants may be issued in
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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. 364, 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
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
4 LID 364 Formation Ordinance
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 $7,000,000.
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.
99JZUJ2 B. 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 $7,000,000 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.
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SECTION 7. 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 8. 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.
SECTION 9. 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 10. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
6 LID 364 Formation Ordinance
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
,SECTION 11. - Severabiiity. 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. (:iz�
UZ OKE, MAYOR
ATTEST:
6c-uc oo
RONALD MO , CI CLERK
APPROVED AS TO FORM:
JQ r
Ti BWA"AR, CITY ATTORNEY
S 1,44 A-SS'i-r77dtiT
FOs'7se /0ewes.2 j2tCG c
7 LID 364 Formation Ordinance
PASSED: day of March, 2013.
APPROVED: J1"' day of March, 2013.
PUBLISHED: day of March, 2013.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
SEAL)
ONALD F 00 , CITY CLERK
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8 LID 364 Formation Ordinance
Exhibit A
L.I.D. Boundary Description
L I.D. 364 SE 25e Street Improvements
j That portion of the northwest quarter and the northeast quarter of Section 29, Township 22 North, Range
5 East,W.M , in King County, Washington, described as follows:
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BEGINNING at the northeast corner of said Section 29; thence S00056'500W, along the east line of said f
northeast quarter, 340.17 feet to the north line of the south 320.00 feet of the northeast quarter of the
northeast quarter of the northeast quarter of said Section 29,thence N88°03'59"W, along said north line,
657 97 feet to the west line of the east half of the northeast quarter of the northeast quarter of said
Section 29, thence S00°35'11"W, along said west line, 251.14 feet to the northeast corner of that certain
tract of land described In that certain Record of Survey described under King County Recording Number
$005309003, thence along the north line of said tract the following courses and distances, thence
N87052'46"W 14 85 feet;thence N02055'24"E 7.85 feet;thence S86039'29"W 82.45 feet; thence
N87052'46"W 559.63 feet to the west line of the east half of the northeast quarter of said Section 29;
thence S00013'42"W, along said west line, 690.48 feet to the northeasterly right of way margin of the Kent
Kangley Road, said point being 50.00 feet northeasterly of,when measured at right angles to,the
centerline of said road; thence N61"35'47"W, along said northeasterly margin 113.39 feet to a point on
the east line of a tract of land conveyed to Ronald S. Jones and Madeline Jones, his wife, by deed
recorded under King County Recording Number 5032080; thence N00°15'56"E, along said east line,
196.84 feet to the northeast corner thereof;thence N89°44'04"W, along the north line thereof, 130.00 feet
to the northwest corner thereof; thence S00°15'56"W, along the west line thereof, 127 31 feet to the
northeasterly right of way margin of said Kent Kangley Road; thence N61"35'47"W, along said margin,
68 30 feet,thence N00°18'17'W 246 25 feet; thence N87052'59"W 59.30 feet;thence N00018'17"W 22.69
feet, thence N87052'59"W 162.00 feet to the east line of the west 10.00 acres of that portion of the east 3
three quarters of the northwest quarter of the northeast quarter of said Section 29 lying northerly of the
Kent Kangley Road; thence S00018'17"E, along said east line, 157.20 feet to the northeasterly right of
way margin of said Road; thence N61°35'47"W, along said margin, 319.55 feet to the southeast corner of
City of Kent Short Plat SP-94-2 as recorded under King County Recording Number 9502210896, thence
N00°00'16"E, along the east line thereof,418 86 feet to the northeast comer thereof, thence i
N87053'43"W, along the north line thereof, 189 81 feet to the east line of the plat of East Hill Gardens, as
recorded in Volume 51 of Plats, page 77, records of King County; thence S00018'17"E, along the east line
of said plat, 8 78 feet;thence N88045'19"W, along the south line of said plat, 328.43 feet to the north-
south center of section line of said Section 29; thence N00028'52"W, along said center of section line,
130.49 feet to the northeast comer of City of Kent Lot Line Adjustment LL-2002-20 under King County
Recording Number 20021211002416; thence N65036'52"W, along the northeast line of said adjustment,
216 33 feet to the most northerly comer thereof and the northeast corner of Tract B, Kent Short Plat
SPC76-6, recorded under Recording Number 7604120524;thence N89026'13"W, along the north line of
said Tract B, 166,19 feet to the west line of said Tract B, thence S00°28'52"E, along said west line,
115.00 feet to the northeasterly right of way margin of the Kent Kangley Road, thence N53"13'47"W,
along said margin 509.02 feet to the most southerly corner of a tract of land conveyed to the City of Kent
by deed recorded under Auditor's File Number 6428940, thence N18041'32"E, along the east line thereof,
49 65 feet to the southerly margin of SE 2561'Street;thence N00'36'51"E 30.00 feet to the north line of
the northwest quarter of said Section 29; thence 889°23'09"E, along said north line, 750.87 feet to the
north quarter corner of said Section 29; thence S87052'59"E, along the north line of the northeast quarter
of said Section 29, a distance of 2640.65 feet to the northeast corner of said section and the TRUE
POINT OF BEGINNING,
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A-1 LID 364 Formation Ordinance
Except those portions of the above described tract conveyed for public road purposes;
Together with that portion of the southwest quarter and the southeast quarter of Section 20, Township 22
North, Range 5 East,W.M., in King County,Washington,described as follows.
BEGINNING at the southeast corner of said Section 20;thence N87°52'59"W, along the south line of the
southeast quarter of said Section 20, a distance of 2640.65 feet to the south quarter corner of said
Section 20;thence N89'23'09"W,along the south line of the southwest quarter of said Section 20, a
distance of 745.94 feet to the east line of the west 495.00 feet of the southeast quarter of the southwest
quarter of said Section 20;thence N01 029'23"E,along said east line, 1304.47 feet to the north line of the
southeast quarter of the southwest quarter of said Section 20; thence S89°03'03"E, along said north line,
755.01 feet to the north south center of section line of said Section 20; thence S88017'55"E, along the
north hne of the south half of the southeast quarter of said Section 20, a distance of 1964 71 feet to the
northwest corner of the north half of the northeast quarter of the southeast quarter of the southeast
quarter of said Section 20;thence S01012'16"W,along the west line of said subdivision, 328 66 feet to the
southwest comer thereof; thence S88°11'39"E,along the south line of said subdivision, 328.11 feet to the
northwest corner of Lot 3, in Kent Short Plat SP 80-11,as recorded under King County Recording
Number 8006250641, thence S01 005'28"W, along the west line of said Lot 3 and Lot 4 of said short plat,
329.26 feet to the north line of Hughes' Ulle-Land Number 2, as recorded in Volume 75 of plats, page 20,
records of King County;thence S88905'24"E, along the north line of said plat, 223.50 feet to the northwest
corner of Lot 4, Block 2 of said plat;thence S00058'38"W,along the west line of said Lot 4 and its
southerly prolongation, 191.31 feet to the north line of Lot 4, Block 1 in said plat;thence N87053'01"W,
along said north line, 59.74 feet to the northwest corner of said Lot 4;thence S00°58'36"W, along the
west line of Lots 1, 2, 3 and 4 In said Block 1, a distance of 318.00 feet to the southwest corner of said
Lot 1; thence 887053'01"E, along the south line of said Lot 1 and its easterly prolongation, 166.00 feet to
the east line of the southeast quarter of said Section 20; thence S00°58'43"W, along said east line,
150.05 feet to the southeast comer of said Section 20 and the TRUE POINT OF BEGINNING;
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Except those portions of the above described tract conveyed for public road purposes
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A-2 LID 364 Fonnabon Ordinance
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Exhibit B
Description of Improvements
L.I.D 364 — SE 256th Street Improvements
The overall project limits for SE 256th Street are Kent-Kangley Road to the
west at the Y intersection and 116th Ave. SE to the east. The roadway
improvements include but are not limited to:
• Widening to 3 lanes with a center left turn lane
Bicycle lanes in both directions
• Installation of cement concrete sidewalks and driveways
• New roadway pavement section
• Curb and gutters
• Storm drainage system with detention and treatment facilities
• Relocation and adjustment of existing utilities and other improvements
such as fire hydrants, manholes, water meters, valve boxes, monuments,
utility poles, street light poles, mailboxes, fences and signs as necessary
• Channelization
•Traffic signs
• Street trees
• Planter strips between the curb and sidewalk
• Street lighting
• Erosion control both temporary and permanent
• Retaining walls where necessary
• Undergrounding of electrical facilities
• Wheel chair ramps in the curb and sidewalk at the intersections
•Traffic signal revisions as necessary at both ends of the project
• Utility stubs and extensions as necessary
• Removal of existing improvements as necessary
B-1 LZD 364 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. y��J is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City
Cou cii of the City held at the regular meeting place thereof on
Mra.x 19 , 2013, as that ordinance appears on the minute book
f 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.
of f� WITNESS WHEREOF, I have hereunto set my hand this Jam—' day
2013.
CITY OF KENT WASHINGTON
RONALD F. ORE ity Clerk