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HomeMy WebLinkAboutORD 3462 ^ a CITY OF RENTON, WASHINGTON ORDINANCE NO. 3462 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON CREATING LOCAL IMPROVEMENT DISTRICT NO. 317 ORDERING THE CONSTRUCTION AND INSTALLATION OF AN 8" WATER LINE AND APPURTENANCES IN THE VICINITY OF S. 132ND ST. AND S. LANGSTON ROAD, KING COUNTY, WASHINGTON, ALL IN ACCORDANCE WITH RESOLUTION NO. 2341 PROVIDING THE METHOD OF ASSESSMENT IN SAID DISTRICT; PROVIDING THAT PAYMENT FOR SAID IMPROVEMENT 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 IMPROVEMENT DISTRICT BONDS OR NOTES (LID NO. 317). WHEREAS by Resolution No. 2341 passed and approved on June 2, 1980, the City Council of the City of Renton declared its intention to construct and install an 8" water line and appurtenances in the vicinity of S. 132nd St. and S. Langston Rd., King County, Washington, and fixed the 28th day of July, 1980, 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 from .time to time, and WHEREAS the Director of Public Works has caused an estimate to be made of the cost and expense of the P proposed improvements nts and has certified said aid estimate to the City Council, together with all papers, data, and information in his possession relatingto the proposed improvement, description of the boundaries of the District, a statement of what portion of the cost and expense should be borne b ! the properties Y P P wi'.hin 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 Page 1 l I f 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. 317 was given in the manner provided by law, and said hearing was duly held by the City Council at its regular meeting on July 28, 1980 at the hour of 8:00 P.M. and the following protests having been filed and duly considered, to-wit: NAME OF PROTESTANT ADDRESS Somkiat Sununtnasuk 8223 S. 132nd, Seattle, WA 98178 Everett Brown 8036 S. Langston Rd., Seattle, WA 98178 Josephine Swift 8026 Langston Rd. S., Seattle, WA 98178 and said total protests not exceeding 11.27 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 A5 FOLLOWS: SECTION l: The following water line and appurtenances shall be installed and 0 c nstructed in the vicinity of S. 132nd St. and S. Langston Rd., 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, 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. Page 2 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. 317 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 $47890.97 . 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. 317 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 a water line and appurtenances 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. 317" to bear interest from the date thereof at a rate to be fixed hereafter and to be redeemed in cash, and/or Page 3 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 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 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. 317". SECTION VII: There is hereby created and established in the Finance Director's Office of the City of Renton, for Local Improvement District No. 317, a special fund to be known and designated as "Local Improvement Fund, District No. 31711, 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. Page 4 r 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 11th day of August, 1980. Makine E. Motor, Deputy City Clerk APPROVED BY THE MAYOR this 11th day of August, 1980. Barbara �-Y. Shi och, May8r Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: August 27, 1980 Page 5 - 1 EXHIBIT A EARLINGTON ACRE TRACTS WATER LID NO. 317 ORDINANCE NO. 3462 Beginning at the NW corner of Lot 6, Block 21 Earlington Acre Tracts as recorded in volume 15 of plats page 84 records of King County Washington; Thence southerly along the west line of said Lot 6 to the northeasterly right-of-way margin of S. Langston Rd. ; thence southeasterly along said right-of-way margin to an intersection with a line beginning 9 feet southeasterly of, as measured along said right- of-way line, the northwest corner of Lot 3, Block 26 said plat; Thence northeasterly along said line to a point on the east line of Lot 4 Block 21, a distance of 40 feet north of southeast corner of said lot 4; Thence northerly along the east line of said Lot 4 a distance of 10.01 feet; Thence easterly along a line parallel with and 50 feet more or less northerly of the south line of Lot 3 Block 21 a distance of 100 feet to the east line of said Lot 3; Thence southerly along the east line of said Lot 3 a distance of 50 feet more or less to the southeast corner thereof; Thence easterly along the south line of Block 21 and continuing easterly along the south line of Block 20 said plat to the southeast corner of Lot 2, said Block 20; Thence northerly along the east line of said Lot 2 Block 20 to the northeast corner thereof; Thence easterly along the north line of Lot 1, Block 20 said plat, which north line is also the southerly right-of-way line of S. 132nd St. an approximate distance of 71 feet more or less; Thence northerly perpendicular to said southerly right-of-way margin a distance of 60 ft. to a point on the northerly right-of-way margin of S. 132nd St. , said point also being the point of intersection between said northerly right-of-way margin and the southwesterly right-of-way margin of Renton Ave. ; Thence northwesterly along said southwesterly right-of-way margin of Renton Ave. to an intersection with the east line of Lot 3, Block 19 said plat; thence southerly along the east line of said Lot 3 to the north line of the south 100 feet thereof; Thence westerly along said north line to the west line of Lot 3, Block 19 said plat; thence northerly along the west line of said Lot 3 to an intersection with the southwes- terly right-of-way margin to Renton Ave. .; Thence northwesterly along said southwesterly right-of-way margin of Renton Ave. to the north line of Block 19, said plat; Thence westerly along the north line of said Block 19 and continuing westerly along the north line of Block 18 said plat to the northwest corner of Lot 3 said Block 18; Thence southerly along the west line of said Lot 3 to the south line of the north 74.66 ft. of said Lot 3; Thence westerly along said south line and continuing westerly along the south line of the north 74.66 ft. of Lot 5, said Block 18 to a line parallel with and 20 ft. easterly of the west line of said Lot 5, Block 18; 'thence southerly along said parallel line and its southerly extension to an intersection with the southerly right-of-way margin of S. 132nd Street; Thence westerly along said southerly right-of-way margin '..o the northwest corner of Lot 6, Block 21, said plat of Earlington Acre 'Tracts and the point of beginning. EXHIBIT B ORDINANCE NO. 3462 Earlington Acre Tracts, Water 1,11) No. 317 Approximately 1250 l.f. of. 8" D.I. water main and appurtenances in S. 132nd Street lying between 80th Ave. S. and 84th Ave. S. within King County Washington.