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HomeMy WebLinkAboutORD 3519 1 CITY OF RENTON, WASHINGTON ORDINANCE NO . 3519 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON;, ORDERING THE CONSTRUCTION AND INSTALLATION OF SANITARY SEGJER MAIN, LATERALS , SIDE SEWERS TO PROPERTY LINE AND APPURTENANCES THERETO IN THE VICINITY OF N.E . SUNSET BLVD. AND DUVALL AVENUE N.E. , RENTON, MNG COUNTY , WASHINGTON , ALL IN ACCORDANCE WITH RESOLUTION NO . 2376 OF THE CITY COUNCIL OF THE CITY OF RENTON ; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO . 321 ; PROVIDING 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 IMPROVEME14T DISTRICT WARRANTS REDEEMABLE 114 CASH AND LOCAL IMPROVEMENT BONDS OR NOTES . WHEREAS by Resolution No . 2376 passed and approved on January 26 , 1981 , the City Council of the City of Renton declared its intention to construct and install sanitary sewers and appurtenances thereto , in the vicinity of N.E . Sunset Blvd. and Duvall Avenue N.E. , Renton , King County , Washington, and fixed the 23rd day of February, 1981 , 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 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 aggregatf actual valuation of the real estate , including 25% 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 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 said District ; and WHEREAS due notice of the hearing upon said .Local Improve- ment District No . 321 was given in the manner provided by law and said hearing was duly held by the City Council at its regular meeting on February 23 , 1981 at the hour of 8 : 00 P .P . and the following protests having been filed and duly considered, to-wit : NAME OF PROTESTANT ADDRESS NONE and said total protests not exceeding -0-percent 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 proposes 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 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 followingsanitary sewers shall be installed and constructed in the vicinity of N. E . Sunset Blvd. and Duvall Avenue N. E. , Renton, King County , Washington, as more particularly described hereinbelow, to-wit : 1 See Exhibit "A" attached hereto and made a part hereof as if fully set forth and there shall be included in the foregoing acquisition and installa- tion of all necessary connection equipment and appurtenances , together with the acquisition of anv 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 No . 321 of the City of Renton , Washington" , the boundaries of such Local Improvement 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 said improve- ment is hereby declared to be approximately $58 , 127 , 79 . The entire cost and expense of said improvement , including the cost and expense of all engineering , legal , inspection , advertising , publicatio of notices and other expense incidental thereto , shall be borne by and assessed against the property specially benefited by such improvement included in the Local Improvement District No . 321 established, embracing , as near as maybe , all property specially benefited by such improvement, except portion to be borne by the City. SECTION IV: The nature of the improvement provided for herein is such that the special benefits conferred upon the property are fai-rly reflected for construction of sanitary sewers 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 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, except the lots outside the City limits which will not be permitted to hook up to the improvements . 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 . 321" to bear interest from the date thereof at a rate to be fixed hereafter 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" . The exact form, amount , date , interest rate and denomination of said warrants and bonds shall be hereafter fixed by Ordinance of the City Council . For those persons found by the City of Renton to be economi- cally disadvantaged 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 LID may be deferred until a time previous to the termination of the LID District under terms acceptable to the City and upon assurance of proper security for the payment of such assessments . 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 . 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 Cite shall have and reserves the right to reject any and all bids . The call for bids for wort: 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 .. 321" . SECTION VII : There is hereby created and established in the Finance Director' s Office of the City of Penton, for Local Improvement District No . 321 , a special fund to be known and designated as "Local Improvement Fund, District No . 321" , 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 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 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 Local Improvement 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 Improvement District which is to be borne by the property owners therein, and as further provided by law. PASSED BY THE CITY COUNCIL this 9th day of March, 1981 . �,I a Z�zaW Ue ores A. Mead, Ci(ty Clerk APPROVED BY THE MAYOR this 9th day of March, 1981 . i Barbara YY Shinpo h , Mayor Approved as to form: Lawrence J . War`r`en , City Attorney Date of Publication : March 13 , 1981 EXHIBIT "A" L. I .D. N0. 321 Sanitary Sewer L. I .D. Vicinity Duvall Avenue N.E. & Sunset Blvd. That portion of the Plat of Joseph P. Marshall Tracts as recorded in Volume 38 of Plats , page 30, records of King County Washington more particularly described as follows: Beginning at the N.W. corner of Tract 11 , said plat, thence S. 88002'38" E. along the north line of Tract 11 a distance of 110 feet to the true point of beginning; Thence S. 07 °15'08"W. parallel to the west line of said Tract 11 to an intersection with the northerly right-of-way line of N.E. Sunset Blvd. (Prim. State Hwy. #2) (Sunset Highway) ; Thence in a general north easterly direction along the northerly right-of-way margin of said N.E. Sunset Blvd. and its easterly extension across Duvall Ave. N.E. (138th Ave. S.E. ) to an intersection with the east line of Tract 4 said plat; Thence northerly along the east line of said Tract 4 to the northeast corner thereof; Thence westerly along the north line of said Tract 4 and its westerly extension across said Duvall Ave. N.E. to the northeast corner of Tract 12, said plat; Thence N. 87053' 31 " W. a distance of 116 feet from the N.E. corner of said Tract 12; Thence southerly along the westerly line of the easterly 116 feet of said Tract 12 to the northerly line of the Plat of Honey Dew Court as recorded in Volume 72 of Plats, page 41 and 42, records of King County, Washington; Thence easterly along the north line of said Plat of Honey Dew Court to the north- west corner of Lot 1 said plat; Thence southerly along the westerly line of Lot 1 said plat to the southwest corner thereof: Thence westerly along the south line of Lot 2 said plat to a point directly north of the northeast corner of Lot 1 , Pldt of Shady Lane as recorded in Volume 84 of Plats, page 43 records of King County, Washington; Thence southerly to the northeast corner of Lot 1 , said Plat of Shady Lane; Thence southerly along the east line of said Lot 1 to the southeast corner thereof; Thence westerly along the south line of Lot 1 said Plat of Shady Lane, which south line is also the north line of Tract 11 said Plat of Joseph P. Marshall Tracts, to a point which lies S. 88002'38" E.*from the N.W. corner thereof, said point being the true point of beginning. *a distance of 110 feet, EXHIBIT "B" L. I .D. #321 Pipe Description 750 lineal feet of 8" P.V.C. sanitary sewer pipe running from the existing manhole at the intersection of N.E. Sunset Blvd. and Duvall Ave. N.E. , northerly a distance of 750 feet. D. N0. 321 TOTAL ESTIMATED COST L ��-• � '� TOTAL SQUARE FOOTAGE COST PER SQUARE FT. 2 "IL z, NORTH z 4i o - 200 , z q L.I.D. BOUNDARY LINE W LL v l F— :. 7-7 - Q _t J uo •s i V i W - I r O ccz i •I' r I 3 F- - W z 4 U1 ;;T6�yft►':={fit;; > x .. � N IN Li Q `:�f#rli�+F i 2' c� I • � �< V CE STEWART O'NEIL ' 4 I I �,opr ZN 0 I = IL !OI I Q. , SUNS K gZE.•N .. ♦ �!. E r'. pr- = 1. - . ` 6 M t;� LANE 7 ` SER EXIST.MH „ SP ''•C \SS,NG 8 ✓5l. PORTION SWY4 3-23-5