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HomeMy WebLinkAbout1877Resolution No. 1877 (Amending or Repealing Resolutions) Fund SE 256th Street Improvements Passed-7/16/2013 The date ["Beg1nn1ng July 1, 1998"] has led to confus1on Th1s date Will be deleted from cover sheets of ord1nance/resolut1on reVISIOn pages Th1s cover sheet w1ll be deleted on electronic pages only, no other deletions or changes have been made to the document-6/21/2012 RESOLUTION NO. / 3 77' A RESOLUTION of the City Council of the City of Kent, Washmgton, relatmg to fundmg the construct1on of Improvements to S. E. 256th Street, authonzmg expenditure of funds from the c1ty's busmess and occupation tax account to complete those Improvements, and conf1rmmg that all current and future transportation Impact fee revenues shall be transferred to the City's busmess and occupation tax account unt1l the total amount expended from the busmess and occupation tax account to complete construct1on of the c1ty's S. E. 256th Street construction project IS completely restored. RECITALS A. Southeast 256th Street between 116th Ave. SE and 104th Ave. S.E. has been slated for reconstruction and Improvement for well over two decades. The City of Kent recently was able to gather suff1c1ent funds to construct the project, wh1ch has a total est1mated construction cost of approximately $7 m1ll1on. B. The c1ty mtended to fund approximately $2 m1ll1on of the total construction cost from the format1on of local Improvement d1stnct (LID) 364. The counc1l formed the LID boundary, established and delivered prel1mmary est1mates, and formed LID 364. 1 Funding S.E. 256'h Street Improvements Resolution C. Property owners withm the LID boundary, by petition, divested the city of jurisdiction over this LID, effectively termmatmg the LID, eliminating that funding source, and leaving the S.E. 256th Street proJect underfunded by approximately $2 million. D. After extensive debate and deliberation, the city council determined to fund the gap caused by divestiture of the LID, m part, through expenditure of the city's business and occupation (B&O) tax revenues, but only on the condition that any revenues expended from the B&O account be restored by transfernng all current and future transportation impact fee (TIF) revenues to the B&O account until the TIF amounts transferred equal the total amount expended out of the B&O account to construct the S.E. 256th Street project. E. Accordmgly, the c1ty counCil conditioned its award of the S.E. 256th Street construction contract on the speCific cond1t1on that all current and future TIF funds be transferred over to the B&O fund until all B&O mon1es expended from that account to complete the proJect are fully restored. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. -The city council authorizes the expenditure of momes from the c1ty's bus1ness and occupat1on account to fund the gap caused by failure of LID 364 m order to complete construction of planned improvements to S.E. 256th Street between 116th Ave. S.E. and 104th Ave. S.E. 2 Funding S.E. 256th Street Improvements Resolution SECTION 2. -The city council authonzes this funding from the city's bus1ness and occupation tax account on the specific condition that all revenues expended from the B&O account be restored by transfernng all current and future TIF revenues to the B&O account until the TIF amounts transferred equal the total amount expended out of the B&O account to construct the S. E. 256th Street proJect. SECTION 3. -Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconst1tut1onal or mvalld for any reason, such deCISion shall not affect the validity of the remaming portions of th1s resolution. SECTION 4. -Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authonzed to make necessary corrections to this resolution, Including the correction of clencal errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and sect1onjsubsect1on numbering. SECTION 5. -Effective Date. This resolution shall take effect and be in force immediately upon 1ts passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washmgton, th1s /b~ day of JdLY , 2013. CONCURRED in by the Mayor of the City of Kent this /~ {.!-day of ~.t-Y , 2013. 3 Funding S.E. 256th Street Improvements Resolution ATTEST: APPROVED AS TO FORM: I hereby cert1fy that this is a true and correct copy of Resolution No. 11'7"1 ~passed by the City CounCil of the City of Kent, Washmgton, the_ .;I. /6-day of July, 2013. P \Civii\Resolutlon\5 E 256 Docx 4 Funding S.E. 256th Street Improvements Resolution