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HomeMy WebLinkAboutORD 3138 CITY OF RENTON, WASHINGTON ORDINANCE NO. 3138 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON. ORDERING THE CONSTRUCTION AND IMPROVEMENT OF ALL THAT PORTION OF LIND AVENUE S .W. LYING BETWEEN S .W. 16th STREET AND S .W. 43rd STREET WITHIN THE CITY OF RENTON, KING COUNTY, WASHINGTON_, BY CLEARING , GRUBBING, GRADING, DRAINING , BALLASTING AND PAVING , INCLUDING INSTALLATION OF CURBS , GUTTERS , SIDEWALKS , STREET LIGHTING , UNDERGROUND UTILITIES AND ALL NECESSARY APPURTENANCES THERETO , ALL IN ACCORDANCE WITH RESOLUTION NO . 2095 PROVIDING THE METHOD OF ASSES$MENT`: IN:CSAID DISTRICT; PROVIDING THAT PAYMENT FOR SAID IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON PROPERTY IN SAID DISTRICT, PAYABLE BY THE MODE OF "PAYMENT OF BONDS" , OR "NOTES" IN LIEU THEREOF AS DETERMINED BY THE CITY COUNCIL; PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS REDEEMABLE IN CASH AND LOCAL IMPROVEMENT DISTRICT BONDS OR NOTES . WHEREAS by Resolution No. 2095 passed and approved on March 7, 1977 the City Council of the City of Renton declared its intention to construct and install certain street improvements within certain territory in the vicinity of Lind Avenue S .W. lying between S .W. 16th Street and S .W. 43rd Street, as hereinafter more particularly described, and fixed the 11th day of April, 1977 , and thereafter continued to May 2 , 1977 , and. May 9, 1977 , respect- ively, - in the City Council Chambers in the Municipal Building , Renton, Washington, as the time and place for hearing all matters relating to said improvements and all objections thereto and for determining the method of payment for said improvements , 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 said estimate 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 -1- be borne by the properties within the proposed District , a statement in detail of the Local Improvement assessment outstanding or unpaid against the property in the proposed District, and a statement of the aggregate actual valuation of the real estate, including 250 of the actual valuation of the improvements in the proposed District, according to the valuation last placed upon it for the purpose of general taxation; and WHEREAS said estimate is accompanied by a diagram of the proposed improvement showing thereon the lots , tracts , parcels of land, and other property which will be specially 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 said District; and WHEREAS due notice of the hearing upon said Resolution No. 2095 was given in the manner provided by law, and said hearing was duly held by the City Council at its regular meeting on May 9 , 1977 at the hour of 8 : 00 P.M. and the following protests having been filed and duly considered, to-wit: Name of Protestant Address Robert Edwards and Frank Edwards 19310 NE 14th, Bellevue , WA Mildred Summers 36904 3rd SW,Federal Way,WA and said total protests not exceeding 9 . 070 of the total cost bearing owners within said District ; and WHEREAS at said hearing the City Council has given due consideration to the special 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 -2- of the City and of the owners of the property within the proposed Local Improvement District that said improvement as hereinafter described be carried out, 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 I : The Improvement consists of the installation of curbs and gutter 22 feet east and west of the centerline of Lind Ave . S .W. , complete storm drainage system, including arch culvert crossing of the proposed P-9 channel , sanitary sewer system, underground electric utility distribution lines and underground telephone transmission lines , street illumination signalization (at S .W. 16th Street and S .W. 43rd Street) , and channelization and improvements incidental thereto in Lind Ave. S .W. from S .W. 16th Street to S . W. 43rd Street, and there shall be included in the foregoing the acquisition and installation of all necessary pipe , manholes , valves , fittings , couplings , 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 construction 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 said 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 - 3 - No-. 3C2 of the City of Renton, Washington" , the boundaries of such Local Improvement District being described as follows : SEE ,EXHIBIT "A" ATTACHED SECTION III : The estimated cost and expense of said improvement is hereby declared to be approximately $1 , 895 , 793 . 80 . The entire cost and expense of said improvement, including the cost and expense of all engineering, legal , inspection, advertising, publication of notices and other expenses incidental thereto, shall be borne by and assessed against the property specially benefited by such improvement included in the Local Improvement District No . 302 established, embracing, as near as may be , all property specially benefited by such improvement. SECTION IV: The nature of the improvement provided for herein is such that the special benefits conferred upon the property are fairly reflected by the use of the per front foot of assessment , and it is hereby provided and ordered that the assessment shall be made against the property of the District in accordance with said methods . All property included within the limits of the Local Improvement District above created 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 said "Local Improvement Fund, District No. 302" , to bear interest from the date thereof at a rate to be fixed hereafter , but not to exceed 9% per annum and to be redeemed in cash, and/or by Local Improvement District bonds herein authorized to be issued, said interest-bearing warrants to be hereafter referred to as "revenue warrants" . Such bonds - 4 - shall bear interest at a rate to be hereafter fixed but not exceeding 9 o per annum; shall be payable on or before twelve years from the date of issuance , the life of the improvement ordered being not less than ten years , and shall be issued in exchange for and in redemption of any and all revenue warrants issued hereunder and not redeemed in cash within a period not to exceed sixty days after the first pub- lication by the Director of Finance of notice that the assessment roll for Local Improvement District No. 302 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 said District, payable in ten equal installments , with interest at a rate to be fixed hereafter but not exceeding 9% per annum, and a penalty of 10% which shall also be collected. The exact form, amount, date , interest rate and denomination of said warrants and bonds shall be hereafter fixed by Ordinance of the City Council. SECTION VI: All the work necessary to be done in connection with the making of said 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 said work will be made in cash warrants drawn upon the "Local Improvement Fund, District No. 302" . SECTION VII: There is hereby created and established in the Finance Director's Office of the City of Renton, for Local Im- provement District No. 302 , a special fund to be known and designated as "Local Improvement Fund, District No. 30211 , into which fund shall be deposited the proceeds from the sale of revenue warrants drawn against said fund which may be issued and sold by the City and collection -5- pertaining to assessment, 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 said improvement, and against which fund cash warrants shall be issued in payment of all other items of expense in connection with said improvement. SECTION VIII: The Public Works Director is hereby authorized and directed to call for bids , in the manner provided by law, for the construction and installation of the improvements authorized herein. 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 LocalImprovement District , installment note or notes payable out of the Local Improvement District Fund, pursuant to RCW 35 . 45 .150 , whenever such note or notes are sold exclusively to another fund of the City as an investment thereof, and as further provided by law. Such installment note or notes may be issued any time after a thirty-day period allowed by law for the payment of assessments of said District without penalty or interest, and such 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 Local Im- provement District which is to be borne by the property owners therein, and as further provided by law. PASSED BY THE CITY COUNCIL this 16th day of May, 1977 . Delores A. Mead, Cit Clerk APPROVED BY THE MAYOR this 16th day of May , 1977 . - Charles6/. Delaurenti, Mayor Approved as to form: Gerard M. Shellan, City Attorney Date of Publication: -6 Mav 20, 1977 ,1 L. I .D. N0. 302 L I ND AVE. S.W. : - `... EXHIBIT� :A" 4-11-77 y� } All 'that portion of Sections 19, 30 and 31 'Twp. '23 N: , Rng'. 5,E. , W.M. ; described as .follows: BEGINNtNG at,the intersection of the West line of Block 24, , C. D. Hillman's Earlington Gardens Addition Division No. 1 as recorde in Volume 47 of Hats, Page 74 records of King County Washington, with the southerly Right-of=Way margin of S.W. 16th St. ; 'Thence southerly along the west line of said Block 24, to an intersection with the north Right-of-way margin of S.W. 19th St (S'. .156th. Street) ; Thence westerly along the north Right-of-Way margin of said S.W. 1,9th Street to an iotersectton with the west line of said.>Section 19 Thence,soutlriy along the west line of Section„:19 tc' the southwest corner thereof, said southwest corner also being the northwest' corner of Section .30; Thence southerly along the west line of said section 30 tothe southwest r corner thereof, said southwest corner also being the northwest `corner of Section 31 ; Thence southerly along the west line of said section 31 to"'an intersection with the northerly Right-of-Way margin of S.W. "'43rd Street � (,S. 180th Street) ; Thence easterly along the northerly Right-of-Way margin to, said S.W. 43rd Street, extended easterly � to an intersection with the westerlyRight-of-Way margin of the East Valley Highway (Primary State Highway No.' 5 ; Thence 'northerly .along the westerly Right-of-Way margin of said East Valley Highway to center of Section 30, Twp. 23 N.,, Rng. 5 E. ; W.M '; Thence westerly ,along the east-west centerline of said Section �0 to the SE SW 1/4 .of the SE 1./4 of the NW 1/4 of said Section 30; korner of. the Thence ndrtlterly along the easterly` l,fne' of said subdivision to `irhe NE corner thereof, '9aid NE corner also being on the' south IIne ,'of the. N 1/2"of the SE 1/4 of the NW 1/4of said Section 30; Thenoe ,easterly along the south line of said sVbdivtsion to an intersection' wi th t westerly Right-of-Way 'margin' of the East Val ley Mg�iway (Primary State 1�lghway No. 5) I ' Thence"'northerty along the westerly Right-of-Way margin of said _Highway to an intersection with the north line of said Section 30; Thence, westerly along the north line of Section 30 to an itltersert,ton with the sg4therly production of the east line of Block 3, said p,lat of' Hillmans 4-r14-nq'ton: Ga rde'n4, 01 v i s 1 on No. 1 ; Thence +artJerly along the east line of said Block 3 produceld southerly' and .,",,northerly to the � corner of Block 4, said plat; Thence northgrl alang tl�e east tine of said B{pck 4'; and its 'northerly aId :W. �roductlon tsa the SE corner of Block 23, 's , p1'at; Thence continuing northerly along the east line of skid l31k 23 'to an inter sectior�,wit'h t'he southerly Ripht-of• ay margin f..''SW �fith St. ly �.. '�a��hence ,wes�et'j y along the southerly ei0ht-6f-W y margin of, SW I t'h �r 1,- %`r xtend�o across Lind Ave. S.W. 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