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Home My WebLink AboutORD 3548 CITY OF RENTON , WASHINGTON ORDINANCE NO. 3548 AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON ORDERING THE CONSTRUCTION AND INSTALLATION OF GUTTERS , SIDEWALKS, STORM DRAINS , SANITARY SEWERS AND ILLUMINATION , TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO IN THE VICINITY OF S. W. 113RD STREET BETWEEN EAST VALLEY HIGHWAY AND WEST VALLEY HIGHWAY, RENTON , KING COUNTY , WASHINGTON , ALL IN ACCORDANCE WITH RESOLUTION NO. 2391 OF THE CITY COUNCIL OF THE CITY OF RENTON ; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 323 ; PROVIDING 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. WHEREAS by Resolution No . 2391 passed and approved on April 13 , 1981 , the City Council of the City of Renton declared its intention to construct and install gutters , sidewalks , storm drains , sanitary sewers , illumination and all necessary appurtenances thereto in the vicinity of S. W. 43rd Street between East Valley Highway and West Valley Highway , Renton , King County , Washington , and fixed the 4th day of May, 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 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 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- Page 1 A 1 five percent (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 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 . 323 was given in the manner provided by law, and said hearing was duly held by the City Council at its regular meeting on May 4 , 1981 , at the hour of 8 : 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 exce.Rding 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 gutters , sidewalks , storm drains , sanitary sewers , illumination and all necessary appurtenances thereto shall be installed and constructed in the vicinity of S. W. Page 2 43rd Street between East Valley Highway and West Valley Highway , 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 II : There is hereby established and created a Local Improvement District to be called "Local Improvement District No. 323 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 _ $518 , 039. 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 Page 3 be borne by and assessed against the property specially benefited by such improvement included in the Local Improvement District No . 323 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 gutters , sidewalks , storm drains , sanitary sewers , illumination and all necessary 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 . 323" 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 econom- ically disadvantaged property owners , or other persons who , under 1 the terms of a recorded contract of purchase , recorded mortgage , Page 11 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 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 . 323" . SECTION VII : There is hereby created and established in the Finance Director ' s Office of the City of Renton , for Local Improvement District No . 323 , a special fund to be known and designated as "Local Improvement Fund , District No . 323" , 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 . Page 5 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 18th day of May , 1981 . Maxine E. Motor, Deputy City Clerk APPROVED BY THE MAYOR this 18th day of May , 1981 . �s"" '0'- -- Barbara Y.�Shinpo'eF , Mayor Approved as to form: Lawrence J. Warren , City Attorney Date of Publication : May 22 , 1981 (Summary Form) Page 6 ' ; • S .W . 43RD ST . L - I • D • No . 323 EXHIBIT "A" ORDINANCE NO. 3548 That portion of the North one half of Section 36 and of Government j Lot 2 in said Section 36 , TownshiPNorth , theRange Northwest 1/4 King County , Washington and that portion in Section 31 and E, Government fing County ,Washingtcnand Lot 1 in l3Tmoreh, 0 23 North , Range 5 particularly described as follows : Beginning at the intersection of the Wly R/W line of Puget Sound Power & Light Company ' s R/W and the Nly R/W line of S •W • 43rd St . {also known as S . 180th St .} as it now exists; Thence W along said 81 {also Nly R/W line to the Ely R/W line of State Sion Route known as West Valley Road} as it now exists; Tnence Nor' iwesterly and Nly along said Ely R/W line to the N lane of the S 150 ' of the N 1/2 of the NW 1/4 of said Section 36 ; TF,unce E along said '� line to Puget Sound Power & Light Company ' s Wly R/W line; Whence Sly along said Wly R/W line to the point of beginning , and also begin- ning at a point 30 ' N and 114 ' E of the NE corner of rhe Henry Adams Donation Land Claim No . 43 in said Section 36 ; Then4ee •70a distance of 644 . 78 ' Thence S 840314 ' 00" E a distance o , to the True Point of Beginning; Thence S 04037 ' 00" W a distance of 193 ' more or less to the centerline of Drainage District No - One ' s R/W ; Thence NEly along said centerline to the Uline o . � � ' NE 1/4 of the NE 1/4 of said Section 36 ; Thence alon_. sa ; d .�: lin,:- _ N 0013 ' 30" W a distance of 290 ' to the N line of said 1/4 ; Thence east along said N line to the NE corner of said Sec-- ion 3'-, ; Thence E along the N line of the NW 1/4 of Section 31 , 7owns!lio N , • ; to the Wly R/W line of Lind Avenue S as d;=dicaited Range 5 E • , W • M to the City of Renton , WA, under Auditor ' s File Nos - 8^'2T404`=7 , 7809150528 , and 7805040885 records of KingCounty , WA ; _ ce Sly along said Wly R/W line to the intersection with the 'Wly -.^- longation of the N line of Lot 1 of Koll Business Cent- -_r , on according to the plat thereof recorded in Volume 1 '_ 4c ,7 Flats , - `APs 15 and 16 records of King County , WA ; thence Ely along said - of Lot Z and its Wly prolongation to the NE corner of -or- 2 = F said plat ; thence Sly along the E line cf said Let 2 ro =`e N=Y R/W line of SW 43rd St as it now exi its; Thence Wly a_-- "c sai ' R/W line to the Ely R/W line of Burlington Northern 1r.c ' s 'Thence Nly along said Ely R/W line a distance of 213 . 111 ; -hence Wly 20 ' along said R/W line; Thence Nly along said R/W line a distance of 1 ,076 .6 ' more or less to the N line of the NW 1/4 of said Section 36 , T23N , R4E , W • M • ; Thence Ely along said N line to the NE corner of said NW 1/4 of said Section 36; Thence Sly along the E line of said NW 1/4of sd Sec 3L to a point which bears N 84034100" W from the True Point of Beginning; Thence S 84034100" E a distance of 649 .70 ' to the True Point of Beginnire . ORDINANCE NO. 3548 . EXHIBIT "B" L.I.D. 323 The proposed improvements consist of the reconstruction and widening of SW 43rd Street (South 180th Street) from the East Valley Road to the West Valley Road by the installation of curbs, gutters, sidewalks, storm drains, street lights, sanitary sewers, bike path, improved railroad crossing, paving and all necessary appurtenances. t � t t - t t t t t n r 1 O - tQ rh t t C f ' t ' t t i