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A
CITY OF PASCO, WASHINGTON
ORDINANCE NO. 1130
AN ORDINANCE ordering the improvement .of
West Bonneville Street from North 3rd Avenue
to North 4th Avenue by the construction of
curbs and gutters, grading and ballasting,
and surfacing from curb to curb for a total
width of 51 feet and South Douglas Street
from Butte Street to Helena Street.by the
construction of curbs and sidewalks on both
sides thereof, all in accordance. with
Resoluti.on.No. 571 of the City Council of
the'City of Pasco, Washington; establishing
Local Improvement District No. 68; providing
the method,of assessment in said District;
providing that payment for said improvements .
be made by special assessments upon properties
in the 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. 571, adopted December 17,
1963, the City,Council of the City of Pasco declared its intention
to order the improvement of certain streets and avenues within
the City and fixed the 7th day'of January, 1964, 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 improvement 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 cost and expense of each continuous
unit of the proposed improvement and has certified 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 improvementsin 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 byneach 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. Resolution
No. 571 was given in the manner provided by law and said hearing
was held by the City,,?Council on January 7,' 1964, 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 consideration
to the method of payment for said improvement, determined it td
be in the best interest of the City and..of the owners of property
within the 'local improvement district that the entire cost and
-expense of the improvement be specially assessed and 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 PASCO, WASHINGTON,
DO ORDAIN, as follows:
Section 1. The improvement of the following -described
stredoand avenues in'the City of Pasco, Washington, is hereby
ordered:
(1). West Bonneville Street from North 3rd.
Avenue 'to North 4th Avenue by the
construction - of 'curbs andgutters,
grading, ballasting, and surfacing
from curb to curb for a total width
-2
of 51 feet, all of the foregoing being
one continuous unit of the proposed
.improvement and hereinafter referred
to as "Unit No. l."
(2) South -Douglas Street from'Butte Street
to Helena Street by construction of curbs
and sidewalks on -both sides thereof, all
of the foregoing being one continuous
unit cf the proposed improvement and
hereinafter referred to as"Unit No. 2."
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. 68," which District is described as follows and contains the
following area:
Lots 17 to 32, inclusive., Block 7, Gerry's
Addition to Pasco, according to plat thereof
recorded. in Volume "B" of plats, page 18,
records of Franklin.County, Washington, and,
Lots 1 to 16, inclusive,.Block 12, Gerry's
Addition to Pasco, according to plat thereof
recorded in - Volume "B" of * plats, page 18,
"records:of Franklin,County, Washington, .
being property.specially benefited by
Unit No. 1.
Lots 68 to 85, inclusive, Block 2,'Terrace
Heights Addition, according to plat thereof
recorded in Volume "B" of plats, page 53;
records of Franklin County, Washington,
and Lots 120 to 136, inclusive, Block 5,
Terrace. Heights Addition, according to
plats thereof recorded in Volume "B" of
plats, page 53, records of Franklin County-,
.Washington, being property specially bene-
fited 'by Unit No.. 2..
Section 3. The estimated cost and expense of each
continuous unit of said improvement is hereby declared to be.
as follows:
Unit No.. 1. $ 12,752.00''
Unit No 2 $ 2,640.00
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
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thereto, shall be borne by and assessed against the property
specially benefited by such improvement included in the
local improvement district established, embracing, as near as
may')be, all property specially benefited by such improvement;
PROVIDED, HOWEVER, that in the event the actual cost and
expense of said improvement shall exceed the preliminary cost
estimate of the City Engineer by more than ten percent (10%),
the City shall pay that portion of said cost and expense which
exceeds said ten percent '(100).
Section 4. The n4re of the improvement provided for
herein is such that the special benefits conferred upon the
property.intie 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, that the. Iassessment rates shall be computed
on the basis of the,cost and expense .of each continuous unit of
the improvement as set forth above.
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. 6& " 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 tonbe 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." Such bonds shall bear interest
at a rate to be hereafter fixedby ordinance not to exceed 6% per
annum, shall be payable on or before twelve (12) years from,the
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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 daps after the
first publication by the City Treasurer of notice that the assess-
ment roll'for "Local Improvement District No. 68" 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 default in the payment of any assessment when the same
shal1-1.become due, there shall be added interest at a rate to be
hereafter 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'
and bonds shall be hereafter 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 0. 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. 68".
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.8., a special fund to be knownand designated
as "Local Improvement Fund, District No. 68," into which fund shall
be deposited (a) the proceeds from the sale of revenue warrants .
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drawn against said fund which may be issued and sold by the
City, (b) collections pertaining to assessments, 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 lythe City Council and.APPROVED by the Mayor
of the City of Pasco, Washington, at.a regular meeting thereof,
this 21st day of January., 1964.
Mayor
ATTEST:
This Ordinance No. 1130 becomes valid
city Clerk without the Mayor's signature ten days
following the Council's approval dah.
FORM APPROVED:' ' 21, 1964. *Valid on date of publication:
Feb. , 1964.
City ATEorney