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HomeMy WebLinkAboutORD 3394 I CITY OF RENTON, WASHINGTON ORDINANCE NO. 39 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ORDERING THE CONSTRUCTION AND INSTALLATION OF CONCRETE SIDEWALKS ON THE EAST SIDE OF BURNETT AVENUE SOUTH BETWEEN SOUTH 2ND STREET NORTHERLY TO A POINT 88.5 FEET NORTH OF THE NORTH MARGIN OF SOUTH TOBIN STREET, RENTON, KING COUNTY, WASHINGTON, ALL IN ACCORDANCE WITH RESOLUTION NO. 2294 PROVIDING THE METHOD OF ASSESSMENT IN SAID DISTRICT; PROVIDING THAT PAYMENT FOR SAID IMPROVE- MENT 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 IMPROVE- MENT DISTRICT BONDS OR NOTES (LID NO. 315). WHEREAS by Resolution No. 2294 passed and approved on September 10, 1979, the City Council of the City of Renton declared its intention to construct and install concrete sidewalks on the east side of Burnett Avenue South between South 2nd Street northerly to a point 88.5 feet north of the north margin of South Tobin Street, Renton, King County, Washington, and fixed the 19th day of November, 1979, 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 said hearing continued to December 17, 3979, 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 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 improve- ment showing thereon the lots, tracts, parcels of land, and other property 'which will 1 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. 315 wasg iven in the manner provided by law, and said hearing was duly held by the City Council at its regular meeting on December 17, 1979 at the hour of 8:00 P.M. and the following protests having been filed and duly considered, to-wit: NAME OF PROTESTANT ADDRESS Minnie Ellison 88 Burnett Ave. S. Renton, Wa 98055 and said total protests not exceeding five(5) (%) 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, WASHING'T'ON, DO ORDAIN \ AS FOLLOWS: SECTION I: The following concrete sidewalks shall be installed and constructed " in the vicinity of the east side of Burnett Avenue South between South 2nd Street northerly to a point 88.5 feet north of the north margin of South Tobin Street, 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 acquisition and installation of all necessary connection equipment and appurtenances, together with the acquisition of any`,easements,. Ordinance #3394 Page 2 i i I A 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. 315 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 improvement is hereby declared to be approximately " 523,936.84 ' . 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. 315 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 for construction of curbs, gutters, paving and sidewalks 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. Ordinance No. 3394 page 3 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. 315" to bear interest from the date thereof at a rate to be fixed hereafter, but not to exceed g 1 2 % 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 shall bear interest at a rate to be hereafter fixed but not exceeding 8 1/2 % per annum; shall be payable on or before 12 years from the date of issuance, the life of the improvement ordered being not less than 12 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 (60) days after the first publication by the Director of Finance of notice that the assessment roll for Local Improvement District No. 315 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 12 equal installments, with interest at a rate to be fixed hereafter but not exceeding 8 1/2 % per annum, and a penalty of 10 1/2 % 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. 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 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. Ordinance No. 3394 page 4 7 1 i 1 i 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. 315". SECTION VII: There is hereby created and established in the Finance Director's Office of the City of Renton, for Local Improvement District No. 315, a special fund to be known and designated as "Local Improvement Fund, District No. 31511, 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 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 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 21st day of January, 1980. Delores A. Mead, City qerk Ordinance No. 3394 5 'age I 1 APPROVED BY THE MAYOR this 21st day of January, 7 98U. _ Barbara Shinpoch, Mayor Approved as to form: f Lawrence J. Warren; City Attorney Date of Publication: January 30, 1980 Ordinance No.3394 Page 6 : � i Ordinance No. 3394 BURNETT AVE. S. AND S. SECOND STREET EXHIBIT "A" L.I.D. BOUNDARY DESCRIPTION LID 315 That portion of the NE 1/4 of Section 18, Township 23 North, hailge 5 L. , W.M. described as follows; Beginning at the intersection of the westerly extension of the north right- of-way line of South 2nd St. with the centerline of Burnett Ave. S. Thence northerly along the centerline of Burnett Ave. S. to the intersec- tion with south line of Lot 59 of the Tobin Donation Land Claim; thence easterly on said south line 150 ft. more or less to the intersection of said south line with the northerly extension of the centerline of the alley located between Burnett Ave. S. and Williams Ave. S. said centerline being 150 ft. easterly of and parallel with the centerline of Burnett Ave. S. ; thence southerly along said centerline to the easterly extension of the northerly right-of-way line of South 2nd St. ; thence westerly along said right-of-way line to the point of beginning. rr'tl4"Ci � f�iYa4jt. �y C�Nk ` Gln, t I i a C i r 1K 4 EXHIBIT , ��`: •. �L5800m�, � � �� ��; J r �. �• ,$ OBDINAN -NO'.19 z4a. 3 a?9921 95 i+K 'c 4aS6 90 .72.5 '07cs 7�w-; 430 fAl ,r �. ° � s in lie Or it III a_v.S• � -3'. .O � l j7 olew - l�" 1 ,ao S 776 ♦ T . r� ✓ _ � O �0 i- �� r r �o cCc —s, a _ ;�9.S q ia+ °� ! . _..� 7717— ml fy. ` r.b � Z 'ar c:_!,l,?,..- X05' - ti �.•. .�.t � � + �, y �;- - .nt�� to Tj e h } '• n�' ue: t2 02701 n 0:`° u �L .•. +o �� ►C — v n�co s ©2 t-I 403 y 9 yj�l Iz, eo9 �i - p Ov - 13 414 L•-h /$_ }: $ V 02?$ !8 b .. .., _� _ Ss • 0/90 7 � `�� G 24$. t _ 27 � . .Y4 ''MOQy :� M1�� ;_ ��• ,.1 9, y��� \ �i;' b�s oris 6 i a23s oz5 ` S ° �L� nyb '24 > 3 0 Vr• � --v S , , 7 iso !0 30� .� ' a5 {'' Diss '� •. •g o2t � � 7, ry° ' +' . �q � /;� Q� � s -� 23 *✓-� � - ,e'.0%So / 1, j'-'_ Os21��. ,� 8.:-� �3°�4 �tJ' Y p���y �i.�f:� ,� �� ���-� '1� 1 � � ,�- 7 •i � �, ,yob' /a, l .� �.r � r'�� r: . {jj{``YY011 1 W i o 1 0240 c „1.©• x r k. 4g. �...Y'_,"--.�..- .'�� :.� . ..�..:1 � _... •. - 130��- ." _. 1�. . �-.-'._.. 20.,_.�.... ..-- -,th�' '_ ���` +i 4f.�itY'�'.C'�,�x:�..:�'�..rF.��:��..�:1: ++•."s�