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HomeMy WebLinkAboutORD 2715 � � J + � Y � • •, .i � ' " a' �/ L l ORDINANCE N0. � � /U� AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON, � ORDERING THE CONSTRUCTION AND INSTALLATION OF UNDERGROUND POWER .AND OTHER UTILITY T�INES AND IMPROVEMENTS INCIDENTAL THERETO ON PORTIONS OF RAZNZER AVENUE N. AND RAINIER AVENUE S . , RENTON , WASHINGTON; ESTABLISHING LOCAL IMPROVEMENT DISTRICT No . 275 ; PROVIDING THE METHOD OF ASSESS- , SAID IMPROVEMDNTTBECMADE/�I���IALAASSES MENTSOR UPON PROPERTY IN SAID DISTRICT, PAYABLE BY THE I MODE OF "PAYMENT BY BONDS" OR "NOTES" IN LIEU ' THEREOF AS DETERMINED BY THE CITY COUNCIL; AND PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL INIPROVEMENT DISTRICT WARRANTS REDEEMABLE IN CASH � AND LOCAL IMPROVEMENT DISTRICT BONDS OR NOTES , WHEREAS a Peta.tion for the establishment of a Local Improvement I District for the purpose � undergrounding..power and other utility lines ' within portions of Rainier Avenue N. and Rainier Avenue S . , Renton, I King County, Washington, has been initiated, signed by the owners of property aggregating a majority of the lineal frontage upon the improve- m.ent and of the area within the prc�sed District and which petition sets forth the nature and territorial extent of the proposed improvement , I� the mode of payment and what proportion of the lineal frontage upon the i.mprovement and aEthe area within the proposed District is owned by the peti.tioners as shown by -the records in the office of the Director of , Records and Elections , King County, and WHEREAS said petition has been filed with the City Clerk of the City of Renton, on or about May 15 , 1972 , and WHEREAS subsequent to said filing the Director of Engineering of the City of Renton has deterrri_ned the sufficiency of -the petition and that the facts set for-th therein are true and that said petition contains ' the signatures of 59.0�%of the ownership of the lineal frontage upon the improvement and 58. 150 of the area within the propesed District , and -1- � . '� , ' ' ' � , •� . WHEREAS subsequent to said petition the Director of Engineering has caused to be made a preliminary estimate and assessment roll of the cost and expense of the proposed designated improvement and has certified same to the legi.slative authority of the City, together with all papers and information �n�his possession relating to the proposed improvement , a description of the boundaries of the District, a statement of what portion of the cost and expense of the improvement should be borne by ' h' a a nt in etail of the the property wit in the proposed District, st teme d Local Improvement assessments outstanding and unpaid against the property in the proposed District, and a statement of the aggregate actual valuation �I of the real estate including 25% of the actual valuation of the improve- I ments in the proposed District according to the valuation last placed I upon it for the purpose of general taxation, and WHEREAS said estimate is accompanied by a diagram of the proposed a.mprovement showing thereon the lots, tracts , parcels of land I 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 such lot , tract and parcel of land or other property; and WHEREAS the City Council of the City of Renton has caused a public hearing to be held on said petition before the City Council caused , of the City of Renton on June 5, 1972 , and has/written notice thereof to be timely given to all of the property owners w�thin said Local Improvement District; and WHEREAS a� said public hearing the City Council has given due con.sideration to the special benefits to be received from such proposed improvement by all the properties including within the proposed Local Improvement District; and WHEREAS the City Council has determined it to be in the best interest of the City tl�# said improvements as hereinafter described be _2_ � . . •, , ' • . caxried out and that a Local Improvement District be created in connection therewith, and having in mind the provisions of RCW 35 . 96 .010 I' relating to the conversion of electr-ic and like facilities to underground facilities and to enter i.nto contracts with p�iva�e�=u�il%ties 'for �s�ch conversion projects ; NOW THERE�'ORE I, THE CITY COUNCIL OF THE CITY OF RENTON DO ORDAIN AS FOLLOWS : I SECTION I : The City Council of the City of Renton, Washington, � hereby orders the construction and installation of underground electric , utility distribution lines and underground telephone transmission lines , I together with the necessary ditching ,installation of conduits , ducts , manholes , handholes , covering with granulithic backfill, tamping, restoration to grade, including, replacement of curb, gutters and sidewalks wherever necessary, and the installation of primary and secondary cables , all distribution l�nes (with the exception of the overhead high voltage transmission lines) , transformers , switch gear , light standards and luminaires , and other appurtenances consistent with good e�ectric �_dis.- tributi:on �and .tele�hon.e ,:line. i.nstallata.ons.�;_=�all of such improvements located within the hereinafter designated streets and all within the boundaries of the Local Improvement District as set forth in Section II below. There shall be included in the foregoing the acquisition , of any property and easements, right-of-way and land that may be requixed, together with the installation of all necessary equipment, ' supplies and appurtenances thereto; and there shall further be included the perfoxmance of such work as may be incidental and necessary to the foregoing construction and installati.on. The City Council may, in its discretion, modify and amend the details of the foregoing described improvement, including the -3- , . '� . ' • . S' , financing thereof, where in its judgment it appears advisable; provided such modifications and amendments do not substantially alter the general plan of said improvement project . The improvement shall be carried out in accordance with the plans and specifications therefor to be prepared by the Director of Engineering of the City of Renton, and such plans and specifications are l�reby adopted for said improvement. t . SECTZON II : There is hereby created anctestablished a Local Zmprovement District to be called "Local Improvement District No . 275" of the City of Renton, Washington, the boundary of such local �mprovement district being described in Exhibit "A" attached hereto and by this reference made a part hereof, together with location of said zmprovement within portions of certain designated streets . SECTION III : The total estimated cost and expense of the improvement consisting . of the installation of underground electric � power and other uti.lity lines and which is to be assessed against the I properties specially benefited thereby .is hereby declared to be approxi- I ore the entire cost and ex ense of said I mately $37 ,142 . 73 . Theref , r I designated improvement , including the cost and expense of all engineering , ' legal, inspection, advertising and publication of noti.ces and other expenses incidental thereto, shall be borne by and assessed against the ene ited b the im rovement included in the Local properties speci.ally b f y p Improvement District herein established embracing as near as may be all property specially benefited by the improvement. There shall be included in the cost and expense of the improvement all cost items speci.fied in RCW 35 . 44 . 020 . -4- ,' , ' � � In additi�on to the aforementioned improvements to be assessed against the pro�erties specially benefited thereby, the balance of such cost and expense sha�l be paid by the electric power company and telephone company in =the amoi�nts of $200 ,000 . 00 and $100 ,000 . 00 respectively; furthermore , the City of Renton shall participate in an amount not-�to_ exceed $5 ,000 . 00 to cover the cost and expense of the �� aforedesignated improvements within street intersections and u�on City owned property abutting said improvement and especially benefited thereby. I The improvements hereinabove set forth and the cost of whi.ch are being assessed against the properties s�ecially benefited thereby shall be undertaken, as nearly as may be practicable, in conjunction with certain related imprpvements eonsisting among others , of right- of-way resurfaci.ng, installation of curbs , gutters , sidewalks , ornamental street lighting and traffic signalization projects , all of which sai,d additionally named improvements shall be paid from grants anticipated to be received fxom the Urban Arterial Board, Forward Thrust, and the State of Washington Hi.ghway Department totalling approximately $744, 000.00 . SECTION IV: In accordinance with the provisi�n of Section 7 of Chapter 258, Laws of Washington, 1969 , lst Ex. Sess . , the City hereby finds and declax�es that the front foot method of computing assessments fairly reflects the special benefits to the property being assessed, and such property shall be assessed on a front foot basis of not to exceed $3 . 00 per front foot. SECTION V: Local Improvement Di.stri.ct warrants shall be issued in payment o� the cost and expense of the i.mprovement, such -5- y' � ' . warrants to be payable out of the "Local Improvement Fund, District No .. 275'� hereinafter created, to bear interes�t from the date thereof at a rate to be hereafter fixed by ordinance. not to exceed g o per ann.um and to be redeemed in cash and/or by local improvement 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 by ordinance not exceeding o per annum, shall b� payable on or before twelve (12) years from the date of issuance, the life of the improvement ordered being not less l than. twelve years, and shall be issued i.n exchange for and in redempti.on of any and all revenue warrants issued hereunder and not redeemed in cash within a period of not to exceed sixty (60) days after the first publication by the Director .of �'inance of notice that the assessment rall for Local Improvement Da.strict No. 275 is in his hands for collection. The bonds shall be redeemed by the collection of speeial assessments to be levied and assessed upon the property within said District, payable in ten (10) equal annual installments, w�ith interest at a rate :�a be hereafter fixed by ordinance not exceeding '.. � o per annum, under the mode of "payment by bonds" or by "notes in lieu thereo�" , as defined by law and the ordinances of the City of Renton, Washington. In the event of default in the payment of any assessment when the same shall become due, there shall be added i.nterest at a rate to be hereafter fixed by ordinance not ' to exceed � % per annum and a penalty of � o which shall also be collected. The exact form, amount, date, int�est rate and denomination of said warrants and bonds shall be hereafter fixed by ordinance of the City Council; howevex�, the City Council may� in lieu oft�e issuance of such bonds issue i.nstallment notes pa�le out of the Local Improvement District Fund as provided by law, special reference being made to RCW 35 . 45 . 150 . Said warrants and bonds , or notes in lieu of sai�i .bonds , shall be sold in such manner as the City Council shall hereafter determine. -6- G�� • • SECTION VI : All the work necessary to be done in connection �ri.th the making of tl� improvements for the installation of underground electric power and other utility lines shall be done and made by contract between City of Renton and the respective electric �.ower �an�i communi.cation utility, to-wit: Puget Sound Power � Light Company and Paci.fic Northwest Bell Company as provided for in RCW 35 . 96 .040 . The Director of Engineering is hereby authorized and directed to enter into such contracts for such conversion;: work subject to final approval thereof by the City Council. Payment for such work shall be made in ; cash warrants drawn upon the "Local Improvement Fund,District No . 275" . SECTION VII: There is hereby created and established in the office of the Director of Fi.nance of the City of Renton, for Local Improvement District No . 275 , a special fund to be known and designated as "Local �� Improvement �'und, District No. 275" 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 ass.essments , and against which fund shall be issued cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvement, and against which fund �.sh �� warrants shall be issued in payment of all other items of expense in connecti.on w�h the improvement. SECTION VIII : Jack Wilson, Da.rector of Engineering for the City of Renton is hereby authorized and directed to enter into the nece�ary contracts as set forth i.n Section VI hereinabove and to further provide for the construction and installation of said improvements as authorized herein and to such other work as may be reasonably necessary to carry , out the �rovisions of this Ordinance. :;�n -7- � . � � � � � 1 V�� � �� . The Uirector of Engineering is further authorized and directed to timely give notice to the owners within the Local Improvement District at such time as service from the underground faciliti�s will be avai..lable, all in compliance �rith the provisions o� RCW 35 .96 .050 et seq. SECTION IX: The City reserves the right to issue, in lieu of bonds and warrants in payment of tl-� cost and expense of the afore- s�aid local improvement district, installment note or notes payable I I rovement District fund whenever such note or notes out of the Local mp are sold exclusively to another fund of the City as an investment thereof, and as further provided by law. Such installment note or notes �I may be issued any time after a thirty (30) day period allowed by law for the payment of assessments of said Distri.ct without penalty or int�est, 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. �i SECTION X: This _'Ordinance shall be effective upon its passage, approval and five days after itspublication, unless ctherwise provided for hereinabove. PASSED BY THE CITY COUNCIL this,��j7,�t-� day of June, 1972 �� r � Helmie Nelson, City Clerk APPROVED BY THE MAYOR this �6-���� day of June , 197 . y , i / .r.� �'r� �Ga tt , Ma o APPRO AS TO FORM: Gera�d M. he lan, ty Attorney •: Date of Publicaiion: '� �� � -8- I '. ' IA ' 1 � . w '- . � �. . , _ .� . . a , . 'w . . *' E�tiIBI�" `"A�` �- L��Drh{�h��G� a 7� .,, •s. LEGAL pESCRI P7I4t3 RAIfi1I E#i AiIENUE L . I . D. 27� . All those part�ons o# the 5outhwest. one-quarter of Sect�orr 7, a� l of �ection 1 $ and the North one-half of Section 19 , Townshfp 23 tdorth , Range 5 �as�, W. M. and BlockS l7 , �0 , 2I and 22, I�. N . 1.atimer' s Lake Park Rddit9on , according to the plat r�card�d in Uvlt�me 18 of Plats , page 63, recards of King County , l�ash�ngtoz� ; of Tracts � and S, 4�oody G]en Addition, as r�corded in Volume 4T of Plats , pages 97 and 92 , recards nf King County , 4dasfiing�on ; of Blocks 39 , 48, 53 and 62. . N .Fi. Latimer' s Lake 43ashington Plat, recorded in Volume 6 of Plats , page 7fl , records of King County , Wast�fngton ; of B7ock 2 , Victor9a �. �eliy Addition , as recorded � n Vo�ume 23 of Pla�s , page 24 , recvrds of Ki ng County , Was1�i ngton ; Lot i , �B7 ock 3 , and �.ot 1 , B1 ock 2 , Wefancs .Addit#an , as recorded in Valume �9 of plats , pag� 2l , records of King Caunty , Washington : and af R�n.ton� Shorelands 2nd Supplemental Piat , as fiied in the offfce of 'tii� Commissloner af Pubiic Lands P�ay i0 , 196� , descrilied as fol � aws : � BEGIN�lIP�G at a po� nt on the ��#arth i i ne of the South 110 feet of Tract 4 , �t. t� . Latimer' s Lake Washington Piat , 9� feet Westerly , neasured perpendiculariy to the �lesterty margin, of Rainier Avenue ; thence .�or�t��rly , 90 feet Wes�Qrly of and paralle7 to sa9d Westerly margin , to the South j �ne of said 'iract 4; thence Southeasteriy to the P�orthwest corner of Lot i , B1ock ] 7, t�. �i . Latimer' s Lake �ashing� ton Plat; thence Southerly alang the Westeriy lines of Lots i to 6 , �I said Sloct� l7 , ta a po3nt 94 feet Wester3yi measured perpendicularly to the �fester]y margin o�' Rainier Avenue; th�nce Southeriy , 90 feet �e_terlf af and parallel to said tdesteri,y margin , 2 ,3�0 feet, m�re or less , to �he North line of the Sauth 70 feet of Block 39 , N. H . l.atimer' s Lake Washington Plat; thence Easterly along said line to a pofnt 80 feet Westerly of the Westerly margin of Rainier Avenue ; thence Southerly along a line 80 feet 1de�terty of and paral �ei to said West�riy margir� , a distance of 70� feet to the South line of said Block 39 ; thence Sauthwester�y to a point Qn the North line of B1ock 48, said sub-divistdn. 9fl feet Westerly of th� Westeriy margin of Rainier Avenue ; thence Southerly along a lir►� drawn 90 feet i�esterjy of and ' paraltei to sa�� Westerly margtn and the Westerly_ margin of �teison R1 , tdorthwest, to the South line of the tVorth li0 fe�t of said Block 48; thence L-asterly along sa9d S�uth ljne to the Westerly margin ' of Nelson Piace Narthwest; thence 5outheasteriy to tt�e intersect4on of the Easterly margin of said Nelson Place t�lorthwest �vith the Westerly margin of Ra� nier Avenue ; thence Southwesterly along said Easterly margin ta a point 90 feet t�iest�riy measured perpendicuiar7y, from the ' i�esterly margin of Rainier Avenue ; t�ence So�therly aiotzg a line drawn g0 feet Wester�y of and p�arallel to said i��sterly marg�n to the ��orth- easterly margin c�f Ha,yes Ptace Southwest; thence Sou�heasterly along said marqin to its inters�ction with the Westerly marg� n of Ra� nier Avenue ; thence Southwe�terly to a .point an the �es�erly margin of Hayes Place 5outhwest 11Q feet , more or less , PaDrt#�er�y of the �iorth line of Southwest Victoria �treet; thence South 62° 59 ` 45" �iest a distance o� 8] . 77 feet; thence S�uth 4° 26 ' ] 5" £ast ta a point 90 feet �testerly , measured perpendicularly , from Said �iesterly margtn ; thence Southerly alang a line dr��rn 90 feet Westeriy of and parallel '� to said t�esterly margin and the Westerly marg# n of Rainier Avenue� . � • { \l �* � � � ' . ' - . � F� � � N , ' r -f" . ' . � y . . , L , " LegaT Descri pti on Raf ni er Rvenue L.,I . g. 2� Co �t) through Sectinns 18 and 19 , Tawnst�ip 23 ��orth , Range 5 Ea5� , W:Mi. to the Souther�y m�rg3n of the Puget Sound Power 8� Light Gompany ' s rig#�t-of-way abutt�ng Sauth�est Grady Way in the t�a.rthwest one-, quarter of said Section 19 ; thence Narth2asteriy a]ong sa�d South � margin to a poin� 90 feet Easterly ; measured perp�ndicu7arl,y, to '� the Easterly margin of Rain�er Avenue; thencs �artfierly , 90 feet Easterly of and p�raltel to sa�d Easterly margin , to a linQ wi�ich bears Souti� 0° 09 ' 36" West from the fol.iowing .described point; BEGItaNING i�arth 89° 50 ' 24" West 2 ,fl08.4fl €eet 'West and SQuth � 0° 09 ' 36" �est 30 feet from the P�orth�ast corn�r of said Section 19 ; thence Southwesteriy along the Southerly margan af Sauth 7th S�reet and the �asterl�r margin of Rainier Avenue a distance af 177 . 5D feet to the po9nt fror� wh� ch the above descr�bed l �n� bears South Q° 09 ' 36" W�st ; 7NE�JCE North 4° 09 ' 36" Cast alor�g said 1ir�e �a the Easteriy line of Rainier Avenue ; thence �torth�asterly to a point on the tsarth 3ine af South 7th 5treet which is 90 feet Easter1y , meas�red � perpendicuiarly ta the Easteriy margin , of Ra� n�er Avenue ; thence t�ort�t�rly , 90 feet �asterly af an� paral "I�1 to said Easterly marc�in , ta the Southerly l � n� vf 8iock 2, Wefancs Addit�o� ; thence Sauthwest aiong said Southerly iir�e to the �asterly line o#' Lot 1 , Block 2 , i safd sub-division ; thence Nartherly along said iine t� the South marg#n of South 4,th i'7ace; th�nce P#ortherly to a point on the t�orth margin of Sc�uth 4th Place 9n feet Ea�terly , measured perpendiculariy , ta the Easterly marg� n of Rainier Avenue ; thence �ortherly , 90 feet �asterly af and parallei w� fih sa�d Easterly marg9n to a lfne dra�n � perpendicularly frvm a po�nt on saiti . Easterly marg9n i�0 f�et i�orth- � erly af the f�orthwe�t corner of l.at 1 , 81 ock 1 ,' t�efancs l�ddi ti an ; thence Sau�hwesterly along said � ir�� to the Easter�y margin af Ra�ni�r� Avenue ; thec�ce Northerly along said �asterly margin� to P�orth � line of Tract 1 � , �enton Shflrelands �nd Supplemental Plat ; thence Nartheasterly along said ] 3n� to a point� �Q feet Easterly ,. measured pe.rpendicu7arly , to the Easterly margin of Rainier� Avenue; thence Northerly , 90 feet Easter.ly �of ,and p�ralle] to said East�rly margin to the Sou�E� line. �of the City of Seattie Ged�r River Pipe Line right- of�way ; thence 1�esterly along s�aid south line . ta said �asterly margin ; thence tdorther7y along sa9d ..Fas��eriy margin a dis�ance of 248. i3 feet; thence �orth ��3° 00' 0(�" E�st a �d4stance of 30. 76 feet; thence �outh ] ° 00 ' 00" Wes� a d,istance of 45 ��et; thence ,P�a-rth 90° DO ' QO° East to a poi.nt �90 feet.' Easter3y m�asured perpendicul.arly ; to the Easter1y � margin of Rainier Avenue ; thence �lort�er]y , 9� f�et E�sterly af and paral }el with said Easterly margin, �o the South line of Airport t�ay; thence Northwesterly �o the intersection of t�e 1�orth line af A� rport � lday with the Easterly line of Rainzer Avenue;� thenc,e Norther3y along ' - sa9d Easterly margin ta �fie Easteriy extension of the ��arth line of the Sauth i10 �eet of Tract 4 , �. H . LatSmer' s Lake �Jashingten Piat , and the North Cfty � imtts 1ine ; thence Westerly along said line to a poin�C 90 feet Westerly, measured perpendicular]y to the �festerly margin of Rainfer fivenue and the point of beginninq. - DESCftIPTION AND LQCATION �F IMP.ROVEP�IENTS The imp rovement consists of the installation of underground e9ectric utility distribution li�s and underground telephone transmission lines and irr�rovements incidental thereto in Rainier Avenue So. and Rainier Avenue Pao. from So. Grady 4�ay Northerly to th+e North line of the South 110 feet of Tract 4, N. H. Latimer's Lake Washington Plat as recorded in Volume 6 of Piats, page 70, records of King County, Washington.