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HomeMy WebLinkAboutORD 3396 CITY OF RENTOiv, WASHINGTON ORDINANCE NO. 3396 AN ORDINANCE of the City of Renton, Washington, ordering the construction and installation of sanitary sewers, water main, fire hydrants, curbs, gutters, sidewalks, street lighting and all necessary appurtenances in the vicinity of East Valley Highway and S.W. 16th St. from SR 167 ramp northerly and westerly to Lind Avenue S.W. , Renton, King County, Washington, all in accordance with Resolution No. 2283 as amended by Resolution No. 2299; providing the method of assessment in such district; providing that payment for such improvement be made by special assessments upon property in such district, payable by the mode of "Payment of Bonds" , or "Notes" in lieu thereof as determined by the City Council; pro- viding for the issuance and sale of local improve- ment district warrants redeemable in cash and local improvement district bonds or notes (LID No. 314) . WHEREAS by Resolution No, 2283 passed and approved on July 2, 1979, as amended by Resolution No. 2299 dated September 24, 1979, the City Council of the City of Renton, Washington (the "City") , declared L its intention to construct and install sanitary sewers, water main, fire hydrants, curbs, gutters, storm drainage, paving, sidewalks, street lighting and all necessary appurtenances in the vicinity of East Valley Highway . and S.W. 16th Street from SR 167 ramp northerly and westerly to Lind Avenue S.W. , Renton, King County, Washington, and fixed the 5th day of November, 1979, in the City Council Chambers in the TKunicipal Building, Renton, Washington, as the time and place for hearing all matters relating to such improvements and all objections thereto and for determining the method of payment for such improvements, and such hearing was continued from time to time; and WHEREAS the Director of Public Works has caused an estimate to be made of the cost and expense of the proposed improvements and has certified such estimates to the City Council, together with all papers, data and information in` his. possession relating to the proposed improvement, . description of the boundaries of the District, a statement of what portion of the cost and expense should be borne by the properties within the proposed District, a statement in detail of the local improvement assessments outstanding or unpaid against the property in the proposed District, and .a statement of the aggregate actual valuation of the real estate, including 25% of the actual valuation of the improve- ments mprove- nL mes in the proposed District, according to the valuation last placed upon it for the purpose of general taxation; and WHEREAS such estimate is accompanied by a diagram of the proposed improvement showing thereon the lots , tracts, parcels of land and other property which will be especially benefited by the proposed improvement, and the estimated amount of the cost and expense thereof to be borne by each lot, tract and -parcel of land or other property within such. District; and WHEREAS due notice of the hearing upon such Local Improvement District No. 314 was .given in the manner provided by law, and such hearing was duly held by the City Council and continued thereafter to various dates. with . the final hearing being at its regular meeting on January 14 , 1980, at the hour of 8 : 00 P.M. , and the City Council duly considered all written protests filed with the City Council and -2-. 1 all persons appearing at such hearing and the continuances thereof were heard, and as a result .of protests filed at the original hearing and continuations thereof the City Council ordered certain changes in the scope and nature of the improvements and properties proposed to be assessed and overruled .all other .protests received; and WHEREAS at such hearing as continued the City Council has given due consideration to thespecial benefits to be received from such proposed improvement by all of the properties to be included within the proposed local improvement district; and WHEREAS the City Council deems it in the best interest of the City and of the ,owners of the property within the proposed local improvement district that the improvements as hereinafter described be carried out as hereinafter set forth, and that a local improvement district. be created in connection therewith; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN as follows: Section. T. The following sanitary sewers, .water main, fire . .hydrants, curb s,. gutters, storm drains, paving, sidewalks, street lighting and all necessary appurtenances shall be installed and constructed in the vicinity of East Valley Highway and S.W. 16th Street from SR 167 ramp westerly to Lind Avenue S.W. , Renton, King County, Washington, as more particularly described hereinbelow, to- wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. -3- and there shall be included in the foregoing acquisition and installa- tion of all necessary connection equipment and appurtenances, together with the acquisition of any easements, rights-of-way and land that may be required; and there shall be included the performance of such work as may be incidental and necessary to the foregoing construc- tion and installation. The City Council may modify .the details of -the foregoing described improvement where, in its judgment, it appears advisable, provided such modifications do not substantially alter the plan of such improvement. All of the foregoing shall be in accordance with the plans and specifications therefor to be prepared by the Director of Public Works. Section II. There is . hereby established and created a local improvement district to be called "Local Improvement District No. 314 of the City of Renton, Washington" (the "District") , the boundaries of the District being described as follows: See Exhibit "B" attached hereto and made a part hereof as if fully set forth herein. Section III The estimated cost and expense of such improve- ment is hereby declared to be approximately $5,660, 000. 00. The entire cost and expense of such improvement, including the cost and expense of all engineering, legal, inspection, advertising, publication of notices and other expenses incident-al thereto, shall be borne by and assessed against the property specially benefited by such improve- ment included in the District established, embracing, as near as may be , all property specially benefited by such improvement. -4- Section IV. The nature of the improvement provided for herein is such that the special benefits conferred upon the .property are fairly reflected for construction of sanitary sewers, water main, fire hydrants, curbs, gutters, storm drainage, paving, sidewalks, street lighting and all necessary appurtenances to be done on the front footage basis, but adjusted for work needed for special conditions such as filling and bringing to grade, such cost to be assessed to the abutting property owner on the basis of the actual cost of the special work; and it is hereby provided and. ordered that the assess- ment shall be made against the property of the District in accordance with such methods. All property included within the limits of the District shall be considered to be the property specially benefited by such local improvement and shall be the property to be assessed to pay the cost and expense thereof as hereinabove specified. Section V. Local improvement district warrants shall .be issued in payment of the cost and expense of the improvement herein ordered. Such warrants shall be payable out of the "Local Improve- ment Fund, District No. 314" hereinafter created, to bear .interest from the date thereof at a rate to be fixed hereafter, but not to exceed 15% per annum and to be redeemed in cash and/or by local improve- ment district bonds herein . authorized to be issued, such interest- bearing warrants to be hereafter referred to as "revenue warrants. " Such bonds shall bear interest at a rate to be hereafter fixed but not exceeding 15% per annum; shall be payable on or before 17 years from the date of issuance, the life of the improvement ordered being not less than 17 years, and shall be issued in. exchange for and in -5- G . e redemption of any and all revenue warrants issued hereunder and not redeemed in cash within a perioa not to exceed ninety (90.) days after the first publication by the Director of Finance of notice that the assessment roll for 'Local Improvement District No. 314 is in her hands for collection. The bonds shall be redeemed by the collection of special assessments to be levied and assessed upon the property within the District, payable .in 15 equal installments, with interest at a rate to be fixed hereafter but not exceeding 15% per annum, and a penalty in such amount as shall hereafter be set forth in the ordinance approving and confirming the final assessment roll for the District which shall also be collected. The exact form, amount, date, interest rate and denomination of such warrants and bonds shall be hereafter fixed by ordinance of the City Council. For those persons found by the City to be economically dis- advantaged property owners or other persons who, under the terms of a recorded contract of purchase, recorded mortgage, recorded deed of trust transaction, or recorded lease are responsible under penalty of forfeiture, foreclosure or default, the assessment levied for the improvements herein authorized may be deferred until a time previous to the termination of the District under terms acceptable to the City and upon assurance of proper security for the payment of such assess- ments. . Such deferral shall not survive the ownership of interest of the economically disadvantaged property owner or person to whom the deferral was granted and it shall likewise not survive the sale, transfer or other action which either terminates the possessory interest of such property owner or person or which turns the property into investment, rental or lease property. -6 Section VI. All the work necessary to be done in connection with the making of such improvements shall be done by and made by contract upon competitive bids and the City shall. have and reserves the right to reject any and all bids. The call for bids for work authorized pursuant to this ordinance shall include a statement that payment for such work will be made in cash warrants drain upon the "Local. Improvement Fund, District No . 314 . " Section VII. There is hereby created and established in the Finance Director' s Office of the City for the District a special fund to be known :and designated as "Local Improvement Fund, District No. 314" (the "LID Fund" ) , into which fund shall be deposited the proceeds from the sale of revenue warrants drawn against such fund which may be issued and sold by the City and collections pertaining to assessments, and against which fund shall be issued cash warrants for the contractor or contractors in payment for the work to be done by them in connection with such improvement and all other items of expense in connection with such improvement. Section VIII. The Public Works Director is hereby authorized and directed to call for bids in the runner provided by law for the construction and installation of the improvements authorized herein. No call for bids shall be issued unless and until there is, to the sole satisfaction of the City Council (expressed by resolution passed by a majority thereof) , provision for sufficient supplemental funds or credit for the benefit of the District to insure the marketability of the warrants authorized and bonds provided for by Section V hereof. -7- , V , Section IX. The City reserves the right to issue, in lieu of bonds and warrants in payment of the cost and expense of the aforesaid Local Improvement District, installment note or notes payable out of the LID Fund, pursuant to RCW 35. 45.150, whenever such notes or notes are sold exclusivelyto another fund of the Cit as an invest- ment thereof, and as further provided by law. Such installment note or notes may be of any denomination or denominations, the aggregate of which shall represent the balance of the cost and expense of the District which is to be borne by the property owners therein, and as further provided by law. PASSED BY THE CITY COUNCIL this 21st day of January, 198-0. DELORES A. MEAD, Cit Clerk APPROVED by the Mayor this sT day of January, 1980. �Ci�lsltCm� . ��,rLnpG�iU BARBARA Y. SHINPOCH, Mayor 541000.1+ Approv s to form: LqZ5re—h&c- J. ar en C ty Attorney Date of Public ion: Z -8- EXHIBIT A LID Q45DA:;Y QHSC41PTION rN . pur. ian u: Section! 19, 30 and 31 Tnwnship _i . r! zange 5 Last A so Sect ions 24 and .25 Township 23 ".tort: Range 4 Bas- , 11,M. .1:4 rhe Plats of C. D. litllman's Earlingten Gardens Division No. I as recorded in `.'Dune 17 of Plats, Page 74 records of King County `.tashi^,ton and the Plat of ;;nrlington Northern Orillia Industrial Park of Renton Division No. 1 as recorded in i:oluae i:7 of Plats, Page records of King County Washington; lying southerly of T-405 (freeway); westerly of SR-167 (freeway); northerly of S':: 41st Street; and a=ter_y of the following described boundary line; ,,inning at. the irtersecuo:i of the southerly r/_ car; n af. _-405 with the r•a.._,•rly r/w margin of LindAve. Sw: thence southerly along the :•aiceriy riv margin of Mnd Ave. SW to the northerly r/« margin of S:: 16th St , _hence southwesterly to a straight line across SW 16th St. to, the easterly r/w margin of Lind Ave. . . , thence westerly along said southerly r/w margin of SY 16th St. to a line parallel with :end 120 ft. westerly of, as measured at right angles from the westerly -.'w line o: L,nd Ave. SW: thence southerly along said parallel line to a line para!41 with and 600 feet northerly of, as measured at right angles from, yr/w line Of SV 19th St.; thence westerly along said parallel lin_ to tie centerlin* of Rayoond Ave. SW; thence southerly along said centerline and said centerline entani ed Southerly to a line parallel with and 601 feet southerly of as measured at right angles from the southerly r/w line of S:1.19th St.; thence easterly along said parallel line to a line parallel with and 600 ft. westerly of, as neasured at right ankles from, the westerly r/w margin of theEast Valley Road; thence southerly along said ;nrallel line to a line parallel with and 600 ft. northerly of, as measured at richt angles from, the northerly r/w margin of SW. 27th St.: thence westerly along, said parallel line to a line- parallel with and 200 ft. easterly of, as measured at right angles from, the easterly r/w margin of the Burlington Northern Fight-of-way; thence southerly along said parallel line to a line parallel with and 600 ft. south- erly of as measured at right angles from the southerly r/w margin of SW 27th Sr_.: thence easterly along said parallel line to a line parallel wit:i and 600. ft. westerly of, as measured at right angles from the westerly r/w margin of East Valley Road; thence southerly along said parallel lire -o the northerly r/w margin of SW 41st 5:. and the terminus of said heretofore mentioned boundary line. Except therefrom any portion lying within strips of land 120 ft. wide, being 120 ft. on each side of the r/w of Lind Ave. S.; a-120 ft. strip on the east side of the r/:: of Raymond Ave. SW; 120 ft. strips on each side of the r/w of 51 34th tit.; and 120 ft. strip on the north side of t:^c _i- of SW 41" St. r J EXHIBIT B The proposed improveMents consist of: 3. The reconstruction of Southwest 150 Street from Lind Avenue Southwest V to the East Valley Road and the East Valley Road from Southwest 16th Street to Southwest 41st Street. The complete new construction of Southwest 19th Street from Raymond Avenue Southwest to the East Valley Road.. The complete new construction of Southwest 27th Street from a point 200 feet East of the Burlington `northern Railroad right-of-way to the East Valley Road. Included in the above improvements are em- bankment construction, paving, curbs, gutters, sidewalks, illumination and enclosed drainage systems. 2. Construction of sanitary sewers in Southwest 16th Street from Lind Avenue Southwest to the East Valley Road; in Southwest 19th Street .to the East Valley Road; and in Southwest 27th Street from a point 200 feet West of the Burlington Northern Railroad right-of-way to the Metro trunk line in Valley Parkway and also from Lind Avenue Southwest to the East Valley Road. 3. .Water mains. and Tire hydrants in Southwest '16th Street from Lind Avenue Southwest to the East Valley Road; in the East Valley Road from Southwest 16th Street to Southwest 19th Street and also from ' Southwest 23rd Street to Southwest 27th Street; in Southwest 19th Street from Raymond avenue Southwest to Lind Avenue Southwest; and in Southwest 27th Street from a point 200 feet East of the Burling- ton Northern Railroad right-of-way to the East Valley Road. I , DELORES A. MEAD, City Clerk of the. City of Renton, Washington, hereby certify that the attached copy of Ordinance No. 3396 is a true and correct copy of the original ordinance passed on the 21st day of January, 1980, as that ordinance appears on. the Minute Book of the City. DATED this 2 9 day of January, 1980. DELORES A. MEAO, Cit Clerk of the City of Renton, Washington