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HomeMy WebLinkAboutORD 3590 j 'iENTON , WASHINGTON ORDINANCE NO. 3590 AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON ORDERING THE CONSTRUCTION AND INSTALLATION OF ROADWAY , INCLUDING CURBS , GUTTERS , SIDEWALKS , PAVING , DRAINAGE, WATERMAIN, STREET LIGHTS, SANITARY SEWER AND APPURTENANCES THERETO, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO IPJ THE VICINITY OF THE AREA SOUTH OF SOUTH 43RD STREET AND EAST OF SR 167 , RENTON , KING COUNTY , WASHINGTON , ALL IN ACCORDANCE WITH RESOLUTION NO. 21124 OF THE CITY COUNCIL OF THE CITY OF RENTON ; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 325 ; PROVIDING ASSESSMENTS UPON PROPERTY IPI SAID DISTRICT ; PAYABLE BY THE MODE OF "PAYMENT OF BONDS" , OR "NO"I"ES" 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 . 21124 passed and approved on October 12, 1981 , the City Council of the City of Renton declared its intention to construct and install roadway , including curbs , gutters , sidewalks , paving , drainage , watermain , street lights , sanitary sewers and appurtenances thereto :in the vicinity of the area south of South 43rd Street and East of SR 167, Renton , King County , Washington , and fixed the 12th day of October , 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 aggregate actual valuation of the real estate , including twenty- five percent (25%) of the actual valuation of the improvements in "LID" ORDINANCE TO CONSTRUCT PAGE 1 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 Improvement District No . 325 was given in the manner provided by law, and said hearing was duly held by the City Council at its regular meeting on November 16, 19,31 at the hour of ,3 : 00 P.M. and the following protests having been filed and duly considered , to-wit : NAME OF PROTESTANT ADDRESS None and said total protests not exceeding zero 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 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 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 following roadway , including curbs , gutters , .sidewalks , paving , drainage , watermain , street lights , sanitary "LID" ORDINANCE TO CONSTRUCT PAGE 2 sewers and appurtenances thereto shall be installed and constructed in the vicinity of the area South of South 43rd Street and East of SR 167 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 . and there shall be included in the foregoing the acquisition and installation of all necessary pipes,, 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 TI : There is hereby established and created a Local Improvement District to be called "Local Improvement District No . 325 of the City of Renton , Washington" , the boundaries of such Local Improvement District being described as follows : See Exhibit "F"" attached hereto and made a part hereof as if fully set forth herein . SECTION—III : The estimated cost and expense of said improvement is hereby declared to be approximately$ 581 , 425 . 00. The entire cost and expense of said improvement , including the cost and expense of all engineering , legal , inspection , advertising , publication 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 . 325 "LID" ORDINANCE. TO CON^TRUCT PAGE 3 established , embracing , as near as may be , all property 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 for construction of roadway, including curbs , gutters , sidewalks , paving , drainage , watermain , street lights , sanitary sewers and appurtenances thereto 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 . 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 . 325" 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 economically 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 L. I . D. may be deferred until a time "LID" ORDINANCE TO CONSTRUCT PAGE 4 previous to the termination of the L. I . D. 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 termination of 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 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 . 325" . SECTION_VII : There is hereby created and established in the Finance Director ' s Office of the City of Renton , for Local Improvement District No . 32.5 , a special fund to be known and designated as "Local Improvement Fund , District No . 32511 , 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 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 "LID" ORDINANCE TO CONSTRUCT PAGE 5 4 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 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 12w. PASSED BY THE CITY COUNCIL this 14th day of December , 1981 . De�AMead , Ci yClerk APPROVED BY THE MAYOR this 14th day of December , 1981 . �Gvt�s ay_ti c.) .�Jkt�• Barbara Y. Shin_poch , Mayor Approved as to form : Lawrence J . —Warren , City Attorney Date of Publication : December 18 , 1981 "LID" ORDINANCE TO CONSTRUCT PAGE 6 EXHIBIT "A" SCOPE OF WORK The proposed improvements consist of: (I) The complete new construction of proposed Davis Ave. South from the south Zine of Tax Lot 81 in the NE 1/4 of Section 32, Township 23 N., Range 5 E., and a yet unnamed proposed roadway from the East Zine of Davis Ave. S. to the west Zine of Talbot Rd. S. all within the boundary of the LID. Included in the above in;,;rovements are paving, curbs, gutters, sidewalks, illumination, storm drainage and appurtenances. (2) The new construction of sanitary sewers and appurtenances from a manhole 650 feet more or Less north of the north Zine of S. 43rd St. to the southerly extension of proposed Davis Ave. S. (3) fnstallation of water main, fire hydrants, and appurtenances in proposed Davis Ave. S. and the yet unnamed roadway as descried .:,hove. EXHIBIT "B" L.I.D. #325 - Davis Avenue S. That portion of the East one-half of Section 31, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows: Beginning at the intersection of the south right-of-way line of S.W. 43rd Street (also known as S. 180th St.) with the west line of the east one-half of the north- east quarter of the southwest quarter of the northeast quarter of said Section 31; Thence southerly along said west line to the south line of the northeast quarter of the southwest quarter of the northeast quarter of said Section 31; Thence westerly along said south line to a point 310 feet westerly of the west right-of-way line of Talbot Road South (Kent-Renton Road) ; Thence southerly and parallel to said westerly right-of-way line a distance of 133 feet; Thence easterly a distance of 310 feet to said west right-of-way line of Talbot Road South; Thence southerly along said west right-of-way line to the north line of the south 133 feet of the north one-half of the south one-half of the southwest quarter of the northeast quarter of said Section 31; Thence westerly along said north line a distance of 327.5 feet; Thence southerly and parallel to said west right-of-way line of Talbot Road South a distance of 133 feet to the south line of the north one-half of the south one- half of the southwest quarter of the northeast quarter of said Section 31; Thence easterly along said south line a distance of 327.5 feet to said west right- of-way line of Talbot Road south; Thence southerly along said west right-of-way line to the north line of the northwest quarter of the southeast quarter of said Section 31; Thence westerly along said north line a distance of 270 feet; Thence southerly and parallel to said west right-of-way line of Talbot Road south a distance of 165 feet more or less to the south line of the north one-half of the N} of the northwest quarter of the southeast quarter of said Section 31; Thence easterly along said south line a distance of 270 feet to the west right-of- way line of said Talbot Road south; Thence southerly along said west right-of-way line to the south line of the north one-quarter of the northwest quarter of the southeast quarter of said Section 31; r Agnp 1 ..G 7 EXHIBIT "B" ( Cont ' e) L.I.D. :325 - Davis Avenue S.W. (Cont.) Thence westerly along said south line to the west line of the southeast quarter of said Section 31; Thence northerly along said west line to the easterly right-of-way line of Primary State Highway No. 5 (S.R. 167 - East Valley Freeway) ; Thence northeasterly along the east right-of-way line of said Primary State Highway No.5 to the south right-of-way line of S.W. 43rd Street (S. 180th St .) ; Thence easterly along said south right-of-way line of S.W. 43rd Street to the point of beginning. Page 2 of 2