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Home My WebLink AboutORD 4167 rt � , . ' � r . � F VM� . �!- � CITY OF RENTON, WASHINGTON � � -�c ORDINANCE NO. 4167 � l�► � AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, APPROVING AND CONFIRMING THE ASSESSMENTS AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 332 FOR THE CONSTRUCTION AND INSTALLATION OF 5-LANE STREETS WITH CURBS, GUTTERS, SIDEWALKS, WATER MAINS, LANDSCAPING, STREET LIGKTING, STORM DRAINAGE, TRAFFIC CONTROL DEVICES AND IMPROVEMENTS, SANITARY SEWERS AND CONSTRUCTION AND INSTALLATION OF A NEW SANITARY SEWER FROM THE EXISTING METRO INTERCEPTOR AND OTHER NECESSARY APPURTENANCE5 IN THE VICINITY OF OAKESDALE AVENUE S.W. FROM GRADY WAY TO MONSTER ROAD S.W. , RENTON, KING COUNTY, WASHINGTON, BY DOING ALL WORK NECESSARY IN CONNECTION THEREWITH, LEVYING AND ASSESSING THE AMOUNTS THEREFOR AGAINST THE SEVERAL LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY AS SHOWN ON SAID ASSESSMENT ROLL AS CONFIRMED BY THE CITY COUNCIL; AND PROVIDING FOR THE PAYMENT OF SUCH ASSESSMENTS INTO THE LOCAL IMPROVEMENT FUND, DISTRICT NO. 332 OF THE CITY OF RENTON, WASHINGTON AS ORDERED BY ORDINANCE NO. 3982. WHEREAS, the assessment roll levying the special assessment against the property located in Local Improvement District No. 332 generally described as construction and installation of 5-lane streets with curbs, gutters, sidewalks, water mains, landscaping, street lighting, storm drainage, traffic control devices and improvements, sanitary sewers and construction and installation of a new sanitary sewer from the existing metro interceptor and other necessary appurtenancesin the vicinity of Oakesdale Avenue S .W. from Grady Way to Monster Road S .W. , Renton, King County, Washington, ordered under Ordinance No. 3982 dated April 7 , 1986, has been filed with the City Clerk of the City of Renton, Washington by the Director of Public Works, as provided by law; and WAEREAS, due notice of the time and place of hearing thereon and making objections and protests to said roll was duly published at and for the time and in the manner provided by law, fixing the 1 � � , . ' . . . ORDINANCE NO. 4167 � � ' � . � Oo 0 time and place of hearing thereon for July 25, 1988, at the hour of � s 8 : 00 p.m. in the City Council Chambers, City Hall, Renton, � .� washington, and due notice thereof was timely mailed by the City — Clerk to each property owner shown on said roll as provided by law and as further specified in RCW 35 . 44 . 090, and said hearing having been duly held as aforesaid; and WHEREAS, at the time and place fixed and designed in said notice, said hearing on said assessment roll resulted in the following protests and/or objections, as received by the City Clerk prior to, at and during said public hearing, to-wit: NAME OF PROTESTING PARTY ADDRESS LEGAL DESCRIPTION None and the City Council having duly considered said assessment roll together with the written protests and objections filed in connection therewith, as aforestated, and having duly considered said protests, and the City Council sitting and acting as a Board of Equalization for the purpose of considering the roll, benefits to be received by each lot, parcel and tract of land shown upon said roll, including the increase and enhancement of the fair market value of each such parcel of land by reason of said improvement; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I : That the assessments and assessment roll of Local Improvement District No. 332 which has been created and established for the purpose of paying the cost of construction and installation of 5-lane streets with curbs, gutters, sidewalks, water mains, 2 � ' . ORDINANCE N0. 4167 � � ' � . � Os � landscaping, street lighting, storm drainage, traffic control �° � devices and improvements, sanitary sewers and construction and t� � � installation of a new sanitary sewer from the existing metro interceptor and other necessary appurtenances in the vicinity of Oakesdale Avenue S .W. from Grady Way to Monster Road S .W. , Renton, King County, Washington, together with all necessary appurtenances thereto, and all as more particularly described in Ordinance No. 3982 further reference hereby had thereto, and all in accordance with said Ordinance, be and the same is hereby in all things approved and confirmed, so that the total amount of the assessments and assessment roll of said Local Improvement District is in the sum of $4, 113, 609 . 32 . SECTION II : That each of the lots, tracts, parcels of land and other parcels of land and other property shown upon said assessment roll is hereby determined and declared to be specifically benefited by said improvement in at least the amount charged against the same, and the assessments appearing against the same are in proportion to the several assessments appearing upon said roll. There is hereby levied and assessed against each lot, tract or parcel of land, or other property appearing upon said roll, the amount finally charged against the same thereon. SECTION III : That the assessment roll as approved and confirmed shall be filed with the Director of Finance for collection and said Director of Finance is hereby authorized and directed to publish notice as required by law, stating that said roll is in his hands for collection and that payment of any assessment thereon or 3 . , ' � , , ORDINANCE NO. 4167 ' ' • ' ' � . � � any portion of said assessment can be made at any time within thirty Qo s days from date of first publication of said notice, without penalty, � interest or cost and that thereafter the sum remaining unpaid may be --� paid in fifteen ( 15) equal annual installments with interest thereon fixed at a rate of one-half of one percent in excess of the net effective interest rate fixed on the local improvement bonds hereafter issued for Local Improvement District No. 332, such rate to be fixed hereafter by ordinance. The first installment of assessments on the assessment roll shall become due and payable during the thirty day period succeeding the date one year after the date of the first publication by the Director of Finance of notice that the assessment roll is in his hands for collection, and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessments remain unpaid after the thirty day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments, together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to the expiration of the thirty day period during which such installment is due and payable shall thereupon become delinquent. Al1 delinquent installments shall be subject to a charge for interest at the rate specified above and for an additional charge of 10o penalty levied upon both principal and interest due upon such installment or installments . The collection for such delinquent installments will be enforced in the manner provided by law. 4 � ' . . . ORDINANCE NO. 4167 ' - ° . � � SECTION IV: All of such assessments or installments thereof � � and interest and penalty, if any thereon, when collected by the � O � Director of Finance shall be paid into Local Improvement Fund, --�' � District No. 332 of the City of Renton as ordered by said Ordinance No. 3982, and shall be used solely for the purpose of paying the principal and interest on the warrants and bonds drawn upon or issued against said Fund, or in case no bonds have been issued, then in payment of any installment note or notes as provided for in RCW 35 . 45 . 150 as may be determined by the City Council of the City of Renton. SECTION V: 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 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 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. 5 . ORDINANCE N0. 41.67 � ` � � SECTION VI : Should any party not pay its assessments as they p � become due, and should it be necessary for the City of Renton to � � institute an action or proceeding to foreclose on the lien of these (,s � assessments, then the City shall have the right to claim its costs �` and a reasonable attorney' s fee for the prosecution of such assessment lien foreclosure proceeding. Any judgment for attorney' s fees and costs shall constitute a portion of the judgment to be enforced by foreclosing of the lien and such attorney' s fees and costs shall be paid before the assessments shall be considered paid current. SECTION VII : ACCELERATION ON DEFAULT. Should any property assessed under this roll fail to pay yearly assessments as they become due for two or more successive years, then the City of Renton may, at its discretion, accelerate the full amount of the remaining LID assessments and demand payment of that full amount. Should the City initiate litigation to foreclose on the lien of the LID assessments, then the City shall have the option to claim in that litigation the full amount of the unpaid LID assessments thus accelerated. SECTION VIII : This Ordinance shall be effective upon its passage, approval, and five days after publication. 6 � • , • , . � . , . ORDINANCE N0. 4167 • • • . OP � O PASSED BY THE CITY COUNCIL this 8th day of August , pc� s 1988 . �, ii�y��.PJ�Oo%�� Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 8th day of August , 1988 . � �UC/ Kathy..Xeolker-Wheeler, Mayor Pro tem Apprq�ved as to form: _. '�`J.' \y��' "G"''"'�''4. 'J, ,_.vr�p-:tiC�-1� Lawrence J. W�ren, City Attorney Date of Publication: Published in Summary August 12 , 1988 ORD.49 : 7-28-88 :as . 7