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HomeMy WebLinkAboutORD 3908 � . ,, . � . . i +.. . . , . CITY OF RENTON, WASHINGTON ORDINANCE NO. 3908 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ORDERING THE CONSTRUCTION AND INSTALLATION OF SANITARY SEWERS AND APPURTENANCES THERETO IN AND NEAR SMITHERS AVENUE S . , BETWEEN S . 21ST ST. AND S. 23RD ST. , RENTON, KING COUNTY, WASHINGTON, ALL �N ACCORDANCE WITH RESOLUTION NO. 2598 OF THE CITY COUNCIL OF THE CITY OF RENTON, ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 331; 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 (LID #331) WHEREAS by Resolution No. 2598 passed and approved on March 25, 1985, the City Council of the City of Renton declared its intention to construct and install sanitary sewers and appurtenances thereto in and near Smithers Avenue S. , between S. 21st Street and S. 23rd Street, Renton, King County, Washington, and fixed April 22 , 1985 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 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 Ii, 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 -1- ORDINANCE NO. 3908 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-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 specially 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. 331 was given in the manner provided by law, and said hearing was duly held on April 22 , 1985, at the hour of 8 : OC P.M. and the following protests having been filed and duly considered, to-wit: NAME OF PROTESTANT ADDRESS See attached list and said total protests not exceeding 0 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 reached from such -2- Ordinance No. 3908 proposed improvement by all of the properties to be included within the proposed Loc_&1 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 construction and installation of sanitary sewers and appurtenances thereto shall be constructed and ' installed in and near Smithers Avenue S. , between S. 21st Street and S. 23rd 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 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 -3- , , * • . � . Ordinance No. 3908 ' 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. 331 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 $587, 100 . 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 expenses incidental thereto, shall be borne by and assessed against the property specially benefited by such improvement included in the Local Improvement District No. 331 established, embracing, as near as may be, all property benefited by such improvement. i SECTION IV: The nature of the improvement provided for herein is such that the special benefits conferred upon the property are fairly reflected for the construction and installation of sanitary sewers 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 -4- • ' ' , T� , � , ,` Ordinance No. 3908 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 such methods. Al1 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. 331" 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" . This 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 i levied for the L. I.D. may be deferred until a time previous to the I termination of the L. I .D. under terms acceptable to the City and upon assurance of proper security for the payment of such assessments . -5- i 1 i�' � • ' � . Ordinance No. 3908 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: Al1 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 �'und, District No. 331" . ' SECTION VII: There is hereby created and established in the Finance Director ' s office of the City of Renton, for Local Improvement District No. 331, a special fund to be known and designated as "Local Improvement Fund, District No. 331" . Into that fund shall be deposited the proceeds from the sale of revenue warrants drawn against said fund. Into that fund shall be deposited collections pertaining to assessments. Against that 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 . -6- - _ � , , . • � • • � ' • . Ordinance No. 3908 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 13th day of May, 1985 . � Maxine E. Motor, City Clerk APPROVED BY THE MAYOR thisl3th day of May, 1985 . �r�� .�. S�o��. Barbara Y. Shinpoch; Mayor Approved as to form: /�i'�wi.v.s,�-�u-�-C' (���w�'Oi►v ' Lawrence J. W�ren, City Attorney Date of Publication: May 17 , 1985 (Published in Summary) -7- - • , ' � , ' Ordinance No: 3908 , � � EXHIBIT A � Smithers Ave. S. Proposed Sanitary Sewer L. I .D. SCOPE OF WORK ' � The work involved shall be the full and complete installation of a sani- tary sewer main line which includes, but is not limited to� sanitary sewer pipe, manholes, side sewers, grading, paving and the complete restoration of all surface material so as �ot to be a visual detraction. �I � ' ' • � Ordinance No. 39 0 8 ' � EXNIBIT B BOUNDARY DESCRIPTION SMITHERS AVENUE LIO THAT PORTION OF THE S.E. 1/4 OF THE S.E. 1/4 OF SECTION 19, TOMNSHIP 23 N. RAN6E 5 E. M. , , M. , KIN6 COl1NTY, MASHIN6TON, MORE PARTICULARLY DESCRIBED AS FOLLOMS: BE6INNIN6 AT THE INTERSECTION OF THE SDUTH RI6HT-OF-MAY LINE OF SOUTH 21ST STREET. lS. 158TH STREET) AND THE EAST LINE OF LDT 19, RENTON CO-OP COAL COMPANY ACRE TRACTS, PLAT ND. 2 AS RECORDED IN VOLUME 9 OF PLATS, PA6E 27, RECORDS OF KIN6 COUNTY, MASHIN6TON; . THENCE SOl1TH A DISTANCE OF 370.0 FEET TO TNE NORTH LINE OF LOT 16 OF SAID PLAT; THENCE YEST ALON6 SAID NORTH LINE A DISTANCE OF 115.0 FEET; THENCE SOUTH TD THE NORTH RI6HT-OF-MAY LINE OF SOUTH 23RD STREET4 THENCE YESTERLY ALON6 SAID NORTH RI6HT-OF-MAY LINE A DISTANCE OF 430.0 FEET; THENCE NORTH TO THE NORTH LINE OF LOT 27 OF SAID PLAT; THENCE EAST ALON6 SAID NORTN LINE TD THE iIEST LINE OF THE EAST 125.0 FEET OF LOT 26 OF SAID PLAT; THENCE NORTH TO THE NORTH LINE OF LOT 26 OF SAID PLAT; THENCE EAST ALON6 SAID NORTH LINE A DISTANCE OF 11.0 FEET; THENCE NORTH TO THE MORTH LINE OF LOT 25 OF SAID PLATi THENCE NEST ALON6 SAID NORTH LINE TO THE SOUTHEASTERLY RI6NT-OF-MAY LINE OF SOUTN 21ST STREET AND A POINT ON A CURVE CONCAVE TO THE SOUTHEAST HAVIN6 A RADIUS OF 465.0 FEET; . THENCE NORTHEASTERLY ALON6 SAID RI6HT-OF-MAY LINE TO THE EAST LINE OF LOT 19 OF, SAID PLAT AND THE TRUE POINT OF 8E6INNIN6. 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