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HomeMy WebLinkAbout0905 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE N0. AN ORDINANCE ordering the improvement of certain properties within the City of Pasco, Washington, by the construction and installation of sanitary sewers in accordance with Resolution No. j__Q� of the City Council of the City of Pasco°�shington; establishing Local Improvement District No. 63; providing the method of assessment IP said District; providing that payment for said improvement be made by special assessments -upon property in said District, payable by the mode of "payment by bonds"; and providing for the issuance and sale of Local Improvement District warrants redeemable in cash and Local Improvement District Bonds. WHEREAS, -by Resolution No. iadopted July , 1957, the City Council of the City of Pasco declared its intention to order the improvement of certain properties within the City and fixed the 6th day of August, 1957, at 8:00 o'clock p. m. in the City Hall in the City of Pasco, Washington as the time and place for hearing all matters. relating to Baid proposed improvement and all objections thereto and -for determining the method' of payment for.sa:id improvement; and WHEREAS, George Fisher, the -City Engineer, and Cornell, Hotiyland , Hay'es,& Merryield , Consulting Engineers for the City, have caused an estimate to be made of the costs and expense of the pro- posed-improvement.and;have certified .said estimate to the City Council, together with.all papers and information in their possession touching 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 the property -within the proposed District; a statement in detail of the local improvement assessments 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 'thepurpose 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 .oroperty which will be specifically benefited by the proposed improvement,- and the.estimate.d amount of the cost and expense therepf°to be borne by each lot, tract, and parcel of land or -other property; and WHEREAS, due -notice of the hearing upon said Resolution No.J.167�1, was given in the manner provided by law and said hearing was.'held by the City Council on August 6, 1957, and all written. protest, filed with the City Council, on -or before .said date were .duly considered and overruled and all persons appearing at said hearing were heard; and WHEREAS, the City Council -has determined it to he in the best interests of the City that said improvement as hereinafter des- cribed to carried out and,that a local improvement district be created '_n connection therewith, NOW, THEREFORE, THE CITY C.OIJNC-IL OF THE CITY OF PA.SCO., WASHINGTON.,' DO ORDAIN Sethi on 1. The following sanitary sewers -are hereby ordered to be.:constructed and installed: '(a)- an 8 -:-inch lateral -sewer on Jay Street from =Chase Avenue to Lyndale Avenue; an 8 -inch lateral sewer in the alley between Chase Avenue and Richardson Avenue, from Jay Street to Pearl Street; an 8 -inch lateral sewer in the alley between Richardson Avenue and Meridian'Avenue, from Jay Street to Pearl -Street; an 8 -inch lateral sewer in the alley between.luieridian Avenue and Lyndale Avenue, from Jay Street to Pearl Street;'an 8 -inch lateral sewer on Jay Street, from Lyndale Avenue .to Illinois•Avenue, an 8. -inch lateral sewer'in the alley between Lyndale Av_enue'and Illinois Avenue., from Jay Street to Pearl Street an 8 -inch lateral sewer -in the alley between Illinois Avenue. and Dakota Avenue, from Empire .Way to Pearl Street; an 8 -inch lateral sewer on Jay Street from Dakota Avenue easterly 550.feet more or less; an 8 -inch -lateral sewer in the alley between Jay Street and Ella Street, from Dakota Avenue easterly 380 feet more or less; -2- an 8 -inch lateral sewer in the alley •between Ella Street and Howard` -Street, from Dakota Avenue following the meander of said alley 697 feet more or less; an 8 -inch lateral sewer on Dakota Avenue from Jay Street to Pearl Street; an 8 -inch lateral sewer in the alley between Howard Street and Pearl Street,"from Dakota Avenue easterly 640 .fe•et more or less; an 8 -inch lateral sewer in the alley between Jay Street and Lucas Avenue, from Empire Way to -Pearl Street; an 8 -inch lateral.sewer.in the alley between Court Street and Ruby Street, from, Meridian Avenue to Chase Avenue; an 8 -inch lateral sewer in the alley between Ruby.Street and Agate Street, from Mer7dian Avenue to Chase Avenue; an 8 -inch lateral sewer in the alley between Agate Street -and Opal Street, from Meridian Avenue to Chase Avenue- an 8 -inch lateral sewer in the alley between Opal Street and Pearl Street, from Meridian Avenue to.Chase Avenue; an 8 -inch lateral sewer on Chase Avenue, from the alley between Court and Ruby Streets'to Pearl Street; an -8 -inch lateral sewer in the alley between Agate Street and Court Street, from Meridian Avenue to Lyndale Avenue; an 8 -inch lateral sewer in the alley between Meridian Avenue and Lyndale Avenue, from the first all north of Court Street to Pearl Street; an 8 --inch lateral sewer in the alley between Agate Street and Court Street, from Lyndale Avenue to Illinois Avenue; an 8 -inch lateral sewer in the alley between Lyndale Avenue and I1linoisAvenue, from the.first alley north of Court Street to Pearl Street; an 8 -inch lateral sewer in the alley between Illinois Avenue and Dakota Avenue, from -Court Street to Pearl Street; an 8 -inch lateral sewer in the alley between Dakota Avenue and Mead Avenue, from. Court Street to Pearl Street; an 8 -inch lateral sewer in 'the alley between Mead Avenue and Oneanta Avenue From a 3oint 280 feet more or less sough:of the -center line.of Agate Street to Pearl Street; an -8 -inch lateral sewer in 'the alley between'Oneanta Avenue and Lucas Avenue, from the center line of -Agate Street southerly 280 feet more or less;.an 8 -inch lateral sewer in the middle of the block between Lucas Avenue and Jefferson Street, from Pearl Street to the intersection with the main sewer on an easterly extension of Agate Street; an 8 -inch lateral sewer in.the middle of the block between Jefferson and Monroe.Streets, i:'rom Astor Way northerly 445 feet more or less; an 8 -inch '_ateral sewer on Monroe Street from Astor [play northerly 415 feet more or less; an 8 -inch lateral -sewer on Astor Way from Monroe Street to Jefferson Street; an 8 -inch lateral sewer on Cole Street, from Astor play to Court Street-" an 8 -inch lateral sewer in the alley between Mead Avenue and Oneanta.Avenue, from Henry Street to Court Street; a,n 87inch lateral sewer in the alley between Oneanta Avenue and Lucas Avenue, from Henry. Street to Court Street; an 8 -inch lateral sewer.on Court Street from the allebetween - Mead Avenue and Oneanta Avenue to Cole Street; an inch lateral sewer in the middle of the block between Cole Street and Lucas Avenue from the main sewer on an easterly extension of Agate. Street south 322 feet more or less; an 8 -inch main sewer on Pearl Street from Chase Avenue to the alley between Chase.Avenue and Richardson Avenue; a 10 -inch main sewer on Pearl Street from ,the alley between Chase Avenue and Richardson Avenue to the alley between Richardson Avenue -3 and Merl_dian_Avenue; a 12 -inch main sewer on Pearl Street from the alley between Richardson Avenue and Meridian Avenue to the alley between Oneanta Avenue and Lucas. Avenue; an 8 -inch -main sewer in the alley between Oneanta Avenue and -Lucas Avenue from Pearl Street to Agate Street; an 8 -inch main gewer on Agate Street .and -the easterly extension thereof from the alley between Oneanta.Avenue and Lucas Avenue to Foster. Street; an 8 -inch main sewer on Foster Street from Court Street to•the easterly extension of Agate -Street; a sewage pumping station of underground concrete con- struction with electric -motor -driven pumps on the north side of Pearl Street at the alley between Oneanta Avenue and Lucas Avenue; and a force main from said pumping station easterly along Pearl Street to Jefferson Street and north on Jefferson Street -100 feet more or less to an intersection with the existing main into which the force main shall discharge. The foregoing sanitary sewers. are to serve the north section of the City north of a line described -as follows: Beginning at Court'Street a.nd Chase Avenue, running easterly along.Court Street to Mead Avenue; thence southerly along Mead -Avenue to Henry Street; thence easterly along Henry Street to. Lucas Avenue; -thence northerly along Lucas Avenue to'Court Street; thence easterly along Court Street.to the eastern boundary of the District, by collecting sewage and pumping it -from the pumping station and through'a force main into the existing, sewer main on Jeffers.on Street.. (b) An 8-inch-2ateral sewer .in the alley between Cartmell Street and Court.Street from Meridian Avenue to Cartmell Street; an 8 -inch lateral sewer on Cartmell Street from Meridian Avenue to Chase Avenue; an 8 -inch lateral sewer easterly on the utility easement from Lot 13 to Lot 16, Block 2, Buck's Second Addition and thence north to the 8 --inch lateral sewer on Cartmell Street; an 8=inch' lateral sewer in the middle of the block between Brown Street and Marie Street, from i�ieridian Avenue to Chase Avenue; an 8 -inch lateral sewer in the middle of the -block between Octave -Street and Marie Street,.from Meridian Avenue to Chase Avenue; an 8 -inch lateral sewer in the middle of the block between Henry Street and Octave Street, from Meridiani Avenue to Chase Avenue; an 8 -inch lateral sewer in the middle of the block between.Margaret Street and Henry Street; from Meridian Avenue to Chase Avenue; and 8 -inch sewer main on Chase Avenue, from Gartmell Street to the existing manhole on the existing sewer system at the middle of the block between Park Street and Margaret Street. The foregoing sanitary sewers are to serve the south section of the City south of the line described in sub -paragraph (a) above. -4- Section 2. There is hereby created and.established a local improvement district to be called "Local Improvement District No. 63," the boundaries of such local improvement district being described as follows and to include the following described lands: All of Michaelson►'s Addition; all ,of Richardson's Addition; all of Mottner's Addition; all of City'View Addition; all of Cole's Addition; all of Cole's Second Addition; all of Church Addition; all of Church Second Addition; all of Bramblet's Addition;..all of North Lucas Addition; all of Lin�Yn6r l s Addition; all of Lyndale Addition; all of Eppleyts Addition; Lots 12 through 19, inclusive, of.Block 4, Lots 9 through.23; inclusive; of. ,Block 5, all of Block 7,. Lots 1 through 5, inclusive, of Block 8 of Foster's Addition;. -all of Buck's Second .Addition, except Lot 22; all of Cart6rl�s Addition, except.Lots 1, 2, 19 and 20 bf Block 3; Blocks 15 through 18, inclusive, and Blocks 23 and 24 of Pasco Improvement Company First Addition; all of.Star Addition; all of Loney's Addition; and the following described unsubdivided lands; South 2101 of.the west one-half of Government Lot 44 in Section 19, Township 9 north, Range 30 E.W.M.; South- - east one-quarter of the southeast one-quarter of the south- west one-quarter except the north 280 feet, in Section 19, Township 9 north, Range 30 E.W.M.; southwest one-quarter of Government Lot 3 except the south,339 feet thereof in Section 19, Township , 9 north, .Range 30 E.1J4.M. ; and that portian.of the south one-half of the southeast one-quarter of the southwest one' -quarter of the' southeast one -=quarter of Section 19, Township 9 north, Rang -e-30 E-.W.M., described as follows = Beginning at the southwesterly corner :of Block'8, Replat of Foster's Addition to Pasco, according to the plat thereof recorded in Volume "B.Y.of"Plats, page,82, Records of Franklin County, Washington,.-* ich is on the south line of said.Section 19; thene,e.northerly to the southwest corner of -Lot 15 of said Block 8;.thence con tinuing.norther-ly along the westerly line of Lots 15 and 1�F of said Block 8 to the northwest corner of said Lot 14; thence westerly along the south line ,of -Lot. 13 to the southwest.corner thereof; thence continuing westerly along the. south line of BrambletIs Addition to Pasco,, according to the -plat thereof recorded in.Volume "C" of Plats,-page.27, to the southwest corner of said Lot'6; thence southerly along the east line of Foster Avenue in said Brramblet's-Addition to Pasco to the.s-outh line of said Section_ 19; thence easterly_ . along .the .south line of said Section 19 to the point of beginning. , Section 3: The estimated cost and expense of said improvement is hereby' declared to be ,713(2� )� and the entire. cost and'expense of said improvement,*including the cost and expense bf.all engineering,legal,inspectict3 -5- advertising, publication of notices, and other expenses incidental thereto, except for the sum of approximately $40,000.00 which shall be contributed by the City, shall be levied and assessed against all the property legally and properly assessable therefor as provided by the laws of the State of Washington and the ordinances of the City Of Pasco. Section 4. The -nature of the improvement provided for herein :is such that the special benefits conferred upon the property in the Local Improvement District herein created are not fairly reflected by the use of -the zone and termini method of assessment therefor and it is hereby provided and ordered that the assessments shall be made against the property of the District in accordance with the special benefits it will derive from the improvement without re - Bard to. the zone and termini method provided by sta-tute. Section 5. Local improvement district warrants shall be issued in,payment of the cost and expense.of the improvement herein ordered, such warrants to'.be pa5rable out of the_"Local Improvement Fund, District No. 63,".hereafter created, ,to bear i.nt.erest from the date thereof at a rate to be hereafter fixed by ordinance not to exceed 6% per annum and to.be redeemed in cash, and/or by local im- provement district bonds herein authorized to be issued. Such bonds shall bear `interest.at.a rate to be hereafter fixed by ordinance not exceeding 6%.per annum,, shall be payable on or before 12 years from the` date 'of issuance, and shall be issued in exchange for -and in redemption of any and all warrants issued hereunder and not redeemed in cash within a period not to exceed 60 days of-te-- the first.public- ation by the City Treasurer of notice that the assessment roll for "Local Improvement District No. 63".1s in his 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 ten equal annual installments, with interest at a rate to -6- be herEiaft.er fixed by ordinance not -exceeding -6% per annum, under the m6d,e-'.Of "payment 'by bbnd-s" as defined: by law and the ordinances of the, City of Pasco-. In -the case of- d.e-fa*ult in the -payment of any assessment when the same shall become due, there .:shall beadded interest at a rate to be,.hereafter fixed by ordinance not to exceed U .6% per annum and a.penalty of,6% which shall als'o.be collected. The exact amount, form, date, interest rate, and denominations of said warrants and bondsshallbe.hereafte'-r,fixed by ordinance of the City.- Council-. Said warrants and bonds.shall be sold in such manner as the City Council shall hereafter determine'. section 6. All.the work necessary to be done in connection with the making of said improvement shall be done by and -made by con- tract. upon pon competitive bids -and the City shall have and reserves the right to reject any and all bids. -,The call for bids for -work author- ized pursuant to this Ordinance shall, include a -statement that bat payment for said work will be made in cash,warrants,d:riawn upon the "Sewer Constructi'on Fund" of Local 'Improvement District No. 63 of the City of Pasc-�, Washington. S-ection 7. 'There are hereby.created and established in the office of the City Treasurer of the City of Pasco, for Lqcal Improve- ment District. No. 63, the following funds, to -wit: (a) Local Improvement Fund, District No. 63," into which fund shall -be deposited all payments made upon assessments in'said District for the redemption -of the warrants and bonds herein authorized; and (b) "Sewer Construction Fund," into which fund shall' be deposited the principal amount plus accrued interest.re-ceived from the sale of local -improvement district warrant's of. the District hereiiy.a'uthorized, and against which fund warrants .shall be issued to the contractor or contractors in payment of the work to be done by them'in connection with said improvement and against Which -fund warrants shall be issued in payment of all other items of expense in connection -with said improvement. ' PASSED by the City Co -Council and APPROVED by the Mayor of the -City of Pasco, Washington, at a.regular meeting thereof, this 3=d day MAY 0 ATTEST: c E R- A , TO FORM• i �"_�