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HomeMy WebLinkAbout1778Resolution No. 1778 (Amending or Repealing Resolutions) CFN = 1301-LID 360 Passed -1/15/2008 Set Publ1c Heanng on Final Assessment Roll RESOLUTION NO. 177g/ A RESOLUTION of the city council of the city of Kent, Washmgton, fixing a time and place for hearing on the final assessment roll for Local Improvement D1stnct No. 360, and d1rectmg that not1ce thereof be g1ven in the manner required by law. RECITALS A. The final assessment roll for Local Improvement District No. 360, which was created and established by Ordmance No. 3793 passed by the City Council on Apnl 4, 2006, has been prepared as prov1ded by law and IS on file w1th the City Clerk. It IS therefore necessary to fix the date for a heanng thereon before the City Council. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. -Hearing Date and T1me. The public hearing on the final assessment roll for Local Improvement District No. 360 w1ll be held before the City Council at 7:00 p.m., local time, in the Council Chambers, City Hall, located at 220 -4th Avenue South, Kent, Washington on March 4, 2008. 1 LID 360 -Set Public Hearing on Final Assessment Roll SECTION 2. -Hearing Not1ce. The City Clerk is instructed to cause notice to be given both by mailing and publication as required by law. SECTION 3. -Effective Date. This resolution shall take effect and be in force 1mmed1ately upon 1ts passage. PASSED at a regular open public meeting by the City Council of the --City of Kent, Washington, th1s .!J day of February, 2008. CONCURRED in by the Mayor of the City of Kent this S day of February, 2008. ATTEST: A,~fik~ "BRENDA JACOBER, C CLERK -:: .:..- ......... APPROVED AS TO FORM: FOSTEPEPPERPLLC Special Counsel and Bond Counsel 2 LID 360 -Set Public Hearing on Final Assessment Roll CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Resolution No. LL1ffcthe "Resolution") is a full, true, and correct copy of a Resolution duly adopted at a regular meet1ng of the City Council of the City held at the regular meetmg place thereof on February 5, 2008, as that Resolution appears on the minute book of the City; and the Resolution Will be in full force and effect immediately following 1ts adoption; and 2. A quorum of the members of the City Council was present throughout the meeting and a ma)onty of those members present voted 1n the proper manner for the adopt1on of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of February, 2008. CllY OF KENT, WASHINGTON ~._J~ Brenda Jacober, City erk --' ·---_. ~ ..... / -- 3 LID 360 -Set Public Hearing on Final Assessment Roll 16 ATTACHMENT "A" SANITARY SEWER IMPROVEMENTS The proJeCt constructed an 8" samtary sewer system with 6" side sewer stubs to the nght of way line for each of the 12 properties mcluded m the L I.D. boundary The sewer 1s located on SE 227th PI from approximately 95 feet west to approximately 531 feet east of 116th Ave SE NEED AND BENEFIT The proJect area 1s an older residential area developed w1th septiC systems All twelve lots have homes. Due to the age of the sept1c systems (40 years old estimated) and the potential for problems, the pet1t1oners wanted to upgrade now to samtary sewer rather than wa1t1ng for problems to develop. Usually 1t IS difficult to repair septic problems, especially on small smgle fam1ly lots such as these w1th lim1ted space (11,340 sq. ft.). Usmg current Health Department critena for septic systems approximately V2 acre (21,780 sq. ft.) IS the mm1mum amount of space required assum1ng good so1ls. Sanitary sewers are usually the only feasible, econom1cal and long term method for addressmg these potential problems, especially when numerous property owners m a neighborhood support sewer 1nstallat1on as was the case with th1s proposal. The Department of Public health has told us that the life expectancy of a sept1c system 1s twenty to th1rty years dependmg on use and mamtenance and that they are a short tenm disposal method until public sewers become available. These homes were bUilt in the m1d 1960's, therefore the proJeCt area exceeded th1s t1me frame. These systems were at or are near the end of the1r useful life. The cost of septic repairs could be as h1gh as convertmg to public sewers. The latest state codes make sept1c repa1rs more difficult and expens1ve. The so1l type w1thin the project area is rated poor for septic system use. According to the Soil Conservation Service (US Dept of Agnculture) so1l survey for Kmg County, the so1l type as mapped is rated "severe lim1tat10n" (worst case) for sept1c drain f1elds The so1l senes 1s des1gnated as AgC (Aiderwood gravelly sandy loam). This so1l exh1b1ts very low permeab1l1ty below a depth of 24-40 1nches and has a seasonal h1gh water table less than 4 foot depth. Effluent and dramage move laterally over the shallow 1mpenous layers. Effluent may come to the surface. In addit1on to the need for sewers m this area to replace the old septic systems, there were environmental concerns. SeptiC systems are a threat to water quality, f1sh and wildlife and public health w1thm the dra1nage basm (Garnson Creek) for th1s area. Accordmg to the Environmental Protect1on Agency, sept1c systems are used m approximately 25 percent of U.S homes. An est1mated 10-20 percent of those systems malfunction each year causing pollut1on problems and public health threats. A Washington State Department of Ecology publication states that a major source of water pollution all across Washmgton State 1s malfunctionmg on-site septic tank systems. Approximately 25 percent of Washmgton's population IS currently served by on-site sept1c systems. It is est1mate that up to 15 percent of those systems are Inadequately treatmg sewage that is be1ng discharged to surface and ground water m our watersheds Kmg County Department of Natural Resources lists sept1c systems as a maJor local threat to groundwater. Accordmg to the Storm Water Center, Improperly funct1on1ng septic systems are recogmzed as a significant contnbutor of pollutants espeCially mtrogen and mJcrob1olog1cal pathogens. Septic systems can have numerous 1mpacts on the quality of ground and surface water supplies. Improperly located or fail1ng systems can discharge madequately treated sewage which may pond on the ground and runoff mto surface waters, and inappropnate vert1cal distances from groundwater can result in contammation P 1Pubflcl4•fmm!mp\Belh\Pff CommmeelAcllfJIJPcge doc of water supply wells. The wastewater and sewage that may be diScharged from falling on site,S)Istems Will conta1n bactena, and v1ruses that present problems for the health of both humans and aquat1c organ1sms In add1t1on, excess n1trogen and phosphorus can cause algal blooms that reduce the level of available oxygen m the water and prevent sunlight from reachmg des~rable submerged aquatic vegetation. PROJECT FUNDING Th1s proJect 1s funded 100% by L.I.D. funds. The total final project cost IS estimated at $302,026 32. There are 12 parcels m the L.I.D. so the assessment per parcel 1s $25,168.86. There are no City owned properties w1thm the L.I.D. boundary. All lots w1th1n the L.I.D. are smgle-fam1ly residential lots. These parcels can't sub-diVIde, are essent1ally the same s1ze, and are l1m1ted to one res1dence. Each of these parcels are benef1ted equally with one res1dent1al s1de sewer connectiOn. Therefore, each property rece1ves an equal assessment. FINAL ASSESSMENTS Followmg the construct1on of the project and determmat10n of actual total project costs, a fmal assessment 1s calculated and a fmal assessment heanng 1s held. The f1nal assessment may be more or less than the prelimmary assessment determined at the L.LD. formation stage provided that the assessment does not exceed the spec1al benefit to the property. PAYMENT OF ASSESSMENT After a 30-day prepayment period during which time a portion or all of the assessment can be paid Without mterest, L.I.D. bonds are sold for the balance of uncollected funds. The rema1nder of the assessment balance is pa1d over a ten or fifteen year penod. The fwst yearly payment 1s due one year from that t1me. The property owner Will receive a billmg not1ce from the City each year. ANNEXATION COVENANT These properties were not requwed to annex to the City pnor to the LI.D. formation. However, each person applying for a side sewer permit to connect to the sewer IS reqUired to execute an "Annexat1on No Protest Covenant". Hav1ng done so provtdes that m the case of an annexat1on attempt, the property will be counted as a "yes" vote and once enough covenants have been s1gned, an annexat1on could proceed. MANDATORY SEWER CONNECTION The City Code states that all residences, whether within or outs1de the City limits, located within 200 feet of a City of Kent santtary sewer shall be required to connect to the sewer and shall be billed for the serv1ce. The Code prov1des that compliance with th1s prov1s1on be w1thm 90 days after the date of offiCial not1ce to do so. In the case of a public health or safety hazard compliance shall be Within 20 days of official not1f1cation. Followmg construction of the proJect, the City will send each property owner an offtctal nottce that the sanitary sewer servtce 1s avatlable to the parcel. Followtng the compliance penod, all properties, wh1ch have not yet applied for a s1de sewer perm1t, w1ll automatically be added to the sewer-btllmg list. In the case of L.I.D. 360, thts notJfJcatJon was g1ven by letter dated Apnl 9, 2007, therefore the 90 day penod has exptred. Either a contractor or the property owner can make the side sewer installation from the nght of way lme or easement lme to the house Pnor to startmg constructton, the owner or h1s agent must obtam a stde sewer perm1t and execute an agreement/covenant to annex. At the t1me of hook up, the property owner will be reqUired to pump their sept1c tank and backfill it with matenal such as gravel or crushed rock. P \PHhflc\4dmmSrrp\iJclli\P'WCommlffeel4riiWIPage doc 18 LI.D. FINANCIAL ASSISTANCE The state offers a program that allows qualifying persons to defer payment of L.I.D. assessments (spec1al assessments). The process 1s essentially the same as the deferral of property taxes and the same appl1cat1on form is used. Some of the factors used to determined 1f the applicant qualifies mclude age, mcome and 1f ret1red and or disabled. The applicant must also be the owner and occupant of the residence. Appl1cat1on for the deferral is made through Kmg County rt ~( ·(0 .... -~-, IIi: '--'-/ll,r(t)=~~~:=!=d' i = _-_._ jfo ~ W.O..IOIOOGTQII '. -~ ' - . ' . ' ' . ' -' ~ ,- CllY or KENT • ENGINEERING DEPARTMENT 400 W. GOWE ST LID 360 VICINITY MAP S.E. 227TH PLACE SANITARY SEWER (116TH AVE. S.E. TO 535FT. EAST) OCTOBER, 2007 [ } '--- ' KENT. WA. 980~2 -,-\ -s KENTS -SERVICE A BOUND. tSOOS CREEK 'WATER AND SEWER DISTRICT SEWER SERVICE BOUNDARY 20 ' <- \ -~ ,------¥ __ EXISTING SANITARY SEWER \ 11604 11612 '11622 'H630 ',116'36 _, 11644 S.E. 227TH PL ----------- 11605 11611 11627 ' 11635 )1645 @ (0 0 ® ;-0 w > '' c:c :z: NEWS" .. \ SANITARY SEWER U) ~ \ ~ rr- 1 _j IF ' ' LEGEND ---'-- l' --, -- I 1 CITY OF KENT ENGINEERING DEPARTMENT ~ 400 W. GOWE ST LID 360 BOUNDARY MAP S.E. 227TH PLACE SANITARY SEWER (116TH AVE. S.E. TO 535FT. EAST) OCTOBER. 2007 CD ASSESSMENT NUMBER D LID PARCEL ---SANITARY SEWER • MANHOLE KENT. WA .. 98032 .;-~ ' I I I