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HomeMy WebLinkAbout1068 OrdinanceCITY OF 'PASCO, WASHINGTON ORDINANCE NO. 1068 AN ORDINANCE ordering the construction of certain sanitary sewers, together with manholes within certain areas of the City in accordance .with Resolution No. 518 of the City Council of the City of Pasco, Washington; establishing Local Improvement District No, 66; providing the method of assessment in said District; providing that payment for said improvement be made in part.by special assessments upon pro 'perties in said District, payable by the mode of "payment by bonds"; and providing for the issuance and sale of local im- provement district warrants redeemable in cash and local improvement district bonds. WHEREAS, by Resolution No. 518, adopted October 16, 1962, the City Council of the City of Pasco declared its intention to improve certain areas of the City by the con- struction and installation of 8 -inch concrete sewer lines, together with necessary manholes and other appurtenances, on certain streets, avenues and. alleys, and fixed the 7th day of November, 1962, at 8:00 o'clock p.m. (PST) in the Council Chambers in the City Hall, Pasco, Washington, as the time and place for hearing all matters relating to said proposed im- provement and all objections thereto and for determining the method of payment for said improvement; and WHEREAS, George Fisher, the City Engineer, has caused an estimate to be made of the costs and expense of each continuous unit of the proposed improvement and has cer- tified said estimate to the City Council, together with all papers and information in his 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 rl r CITY OF 'PASCO, WASHINGTON ORDINANCE NO. 1068 AN ORDINANCE ordering the construction of certain sanitary sewers, together with manholes within certain areas of the City in accordance .with Resolution No. 518 of the City Council of the City of Pasco, Washington; establishing Local Improvement District No, 66; providing the method of assessment in said District; providing that payment for said improvement be made in part.by special assessments upon pro 'perties in said District, payable by the mode of "payment by bonds"; and providing for the issuance and sale of local im- provement district warrants redeemable in cash and local improvement district bonds. WHEREAS, by Resolution No. 518, adopted October 16, 1962, the City Council of the City of Pasco declared its intention to improve certain areas of the City by the con- struction and installation of 8 -inch concrete sewer lines, together with necessary manholes and other appurtenances, on certain streets, avenues and. alleys, and fixed the 7th day of November, 1962, at 8:00 o'clock p.m. (PST) in the Council Chambers in the City Hall, Pasco, Washington, as the time and place for hearing all matters relating to said proposed im- provement and all objections thereto and for determining the method of payment for said improvement; and WHEREAS, George Fisher, the City Engineer, has caused an estimate to be made of the costs and expense of each continuous unit of the proposed improvement and has cer- tified said estimate to the City Council, together with all papers and information in his 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, accord- ing 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 each continuous unit of 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; and WHEREAS, due notice of the hearing upon said Reso- lution No. 518 was given in the manner provided by law and said hearing was held by the City Council on November 7, 1962, and all written protests filed with the City Council on or before said date were duly considered and by it overruled and all persons appearing at said hearing were heard; and WHEREAS,'the City Council, after giving due consid- eration to the method of payment for said improvement, deter= mined it to be in the best interests of the City and of the owners of property within the local improvement district that the City contribute not to exceed $5,000.00 of the cost and. expense of Unit l as hereinafter described and that the.balance of the cost and expense of said Unit 1 and the entire cost and expense of Units 2 and 3 as hereinafter described be specially assessed and that said improvement as. hereinafter described be carried out and that a local improvement district be -2 - f • • f t i 5 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, accord- ing 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 each continuous unit of 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; and WHEREAS, due notice of the hearing upon said Reso- lution No. 518 was given in the manner provided by law and said hearing was held by the City Council on November 7, 1962, and all written protests filed with the City Council on or before said date were duly considered and by it overruled and all persons appearing at said hearing were heard; and WHEREAS,'the City Council, after giving due consid- eration to the method of payment for said improvement, deter= mined it to be in the best interests of the City and of the owners of property within the local improvement district that the City contribute not to exceed $5,000.00 of the cost and. expense of Unit l as hereinafter described and that the.balance of the cost and expense of said Unit 1 and the entire cost and expense of Units 2 and 3 as hereinafter described be specially assessed and that said improvement as. hereinafter described be carried out and that a local improvement district be -2 - a created in connection therewith, NOW THEREFORE, Section 1. It is hereby ordered that 8 -inch concrete sewer lines, together with necessary manholes and other appurtenances, be constructed and installed on the following streets, avenues and alleys: (a) Alley of Block 2, College Addition, along "B" Street, •From said alley to South Eighth Avenue and along South Eighth Avenue from "B" Street to Ainsworth Avenue, On South Vine Avenue from "A" Street to Ainsworth Avenue, On South Seventh Avenue from "B" Street to Ainsworth Avenue, On South Sixth Avenue from 1/2 block north of "C" Street to Ainsworth Avenue. All of the foregoing, being one continuous unit of the proposed improvement is hereafter referred to as "Unit l." (b) On north -south alley on Block 2, Steffin's Amended Addition to "A" Street. The foregoing, being one continuous unit of the proposed improvement, is hereafter referred to as "Unit 2." (c) Alleys of Blocks 31, 32, 27 and 1/2 of Block 28, Highland Park Homes Addition, Alley of portion of Block 2, Highland Park Homes Addition, Alleys of Blocks 3, 4 and 5, A.M. Wehe's First Addition, On Adella Street from alley of said Block 28 to the alley of Block 29, Highland Park Homes Addition, On Alvina Street from the alley of said Block 5 to the existing 8 -inch lateral sewer in alley of Block 2, A.M. Wehe's First Addition All of the foregoing, being one continuous unit of the proposed improvement, is hereafter referred to as "Unit 3." -3- The foregoing shall be carried out in accordance with the plans and specifications therefor prepared by George R. Fisher, City Engineer. Section 2. There is hereby created and established a local improvement district to be called "Local Improvement District No. 66," which' .District is described as follows and contains.the following areas: Blocks 1, 2, 4 and 5 - College Addition, Blocks 5G, 12G and 16 - Riverside Addition, Block 5 - Gantenbien's Addition, Lots 5 to 15, Block 6 - Gantenbien's Addition, Lots 9 to 11, Block 7 - Gantenbien's Addition, Lots.9 to 16, (including vac. "D" Street), Block 10.- Gantenbien's Addition,. Lots.13 to 16,.Block 11-- Gantenbien's Addition, Lots 6 to 8, Block 11 - Gantenbien's Addition, Block 12 - Gantenbien's.Addition, Lot 16 (including vac. "D" Street), Block 15 - Gantenbien's Addition, said area being the properties specially benefited by the improvement referred to a 6: ..''Unit . Block 2 = Stef.fin's amended Addition', said area being the property specially benefited by the improvement referred to as "Unite 2 "; Lots 8 to 11, Block 2 - Highland Park Homes Addition, Lots 6 to 15, Block 28 - Highland Park Homes Addition, Blocks 29, 31 and 32 - Highland Park Homes Addition, Lots 3 to 26, Block 3 - A. M. Wehe's First Addition, Blocks 4 and 5 - A. M. Wehe's First Addition, said area being the properties specially benefited by the improvement referred to as "Unit 3 ": -4- Section 3. The estimated cost and expense of each continuous unit of said improvement is hereby declared to be as follows: Unit 1 $21,883.16 Unit 2 $ 2,136.4.4 Unit 3• $235852.60 The entireccst and expense of said improvement, including the cost and expense of all engineering, legal, inspection; advertising, publication of notifies, and other expenses incl dental thereto',..shall be borne by and assessed against the property specially benefited by such.improvement included in the local imp rovement'district established, embracing, as near as may be, all property specially benefited by such improvement; PROVIDED, HOWEVER;. that ,.not to exceed $5,•000.00 of the cost and expense of Unit 1 shall be borne by the City and the balance of the cost.and.expense of said Unit l shall be specially assessed. 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 regard to the zone - and -termini method.provided by statute; PROVIDED, HOWEVER, that the assessment rates shall be computed on the.basis of the cost and expense of each continuous unit of the improvement as above described. -5 _ 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 payable out of the "Local Improvement Fund, District No. 66," hereafter created, to bear interest 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 improvement dis- trict 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 by ordinance not exceed.6% per annum, shall be payable on or before twelveyears, from the date of issuance, the life of the improvement ordered being not less .than twelve (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 60 days after the first publication by the City Treasurer of notice that the assessment.roll for "Local Improve- ment bi.strict No. 66" 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 ten (10) equal annual installments, with interest at a rate to be'hereafter fixed by ordinance not exceeding 6% per annum, under=the mode of "payment by bonds," as defined by law and the ordinances of the City of Pasco. In the case of defauit•,in,the payment of an'y assessment when the same shall become due, there shall be added interest at a rate to be here- after fixed by ordinance not to exceed 6% per annum and a penalty of 6% which shall also be collected. The exact form, amount, date,.interest rate and denominations of said warrants -6- i and bonds shall be hereafter fixed by ordinance -of the City Council. Said warrantsand.'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 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. 66." Section 7. There is hereby created and established in the office of the City Treasurer of the City of Pasco, for Local Improvement -District No. 66,. a'special fund'to be known and designated as "Local Improvement. Fund, District No. 66," into which fund shall be deposited (a) the proceeds from the sale of ..r.evenue ,warrants drawn against said fund which may be issued and sold by the City, (b) collections pertaining to assess- ments, and (c) any funds contributed by City'participation, and against which fund shall.be issued cash warrants to the contractor or.contractors.in payment for the work to be done by them in connection with said improvement, and against which fund cash ..warrants shall be issued in payment of all other items of expense in connection with said improvement. PASSED by the City Council and APPROVED by the Mayor of the City of Pasco; Washington, at a regular meeting thereof, this 20th day of. November, 1962. ATTEST: MAYOR. - AP A OR AP 13 D AS. TO IFOR CITY ATTORN