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ITY OF PASCO, WASHINGTON
ORDINANCE NO. Z_L7l
C
AN ORDINANCE of the City Council of the City
of Pasco, Washington, ordering street construction
consisting of the installation of paving, surfacing,
drainage, curbs and gutters on Bonneville Street
from 13th Avenue to Lucas Avenue and 13th Avenue from
Clark Street to Bonneville Street, all in accordance with
Resolution No. 644 of the City Council of the City
of Pasco, Washington; establishing Local Improvement
District No. 72; providing the method of assessment in
said District; providing that payment for said improve-
ment 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, or as an alternative
thereto an installment note.
WHEREAS, by Resolution No. 644, adopted May 18, 1965,
the City Council of the City of Pasco declared its intention to order the
improvement of Brown Street from Aurelia Avenue to Arthur Avenue and
certain other streets and avenues within the City of Pasco, Washington,
by the installation of paving, surfacing, drainage, curbs and gutters,
consisting of two separate units of the improvement therein referred to
as "Unit 1" and "Unit 2, " and fixed the 14th day of June, 1965 at 8:00
o'clock p.m. (PDST) in the Council Chambers of 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 R. Fisher, the City Engineer, caused an
estimate to be made of the cost and expense of each continuous unit of
the proposed improvement and 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 each continuous unit 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 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
by,borne by each lot, tract and parcel of land or other property; and
WHEREAS, due notice of the hearing upon said Resolution No.
644 was given in the manner provided by law and said hearing was held by
the City Council on June 14, 1965, and all written protests filed with the
City Council were duly considered by the City Council and all property
owners wishing to appear and be heard at said hearing were heard; and
WHEREAS, as a result of protests presented, the City Council
determined to delete the continuous unit of the proposed improvement
referred to as "Unit 1" in Resolution No. 644 and determined it to be in the
best interest of the City and of the owners of property within the local
improvement district that the continuous unit of the proposed improvement
referred to as "Unit 2" in said Resolution No. 644 be carried out and that a
local improvement district be created in connection therewith, and that the
entire cost and expense of such continuous unit of the improvement be
specially assessed, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,
DO ORDAIN as follows:
Section 1. It is hereby ordered that street construction
consisting of the installation of paving, surfacing, drainage, curbs and
gutters on Bonneville Street from 13th Street to Lucas Avenue and on 13th,
Avenue from Clark Street to Bonneville Street, being ore -continuous unit
of the improvement, be carried out. All of the foregoing shall be in
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accordance with the plans and specifications therefor prepared by
George R. Fisher, City Engineer.
Section 2. There is hereby created and establi:s.hed a
local improvement district to be called "Local Improvement District No.
72," which District is described as follows and contains the following area:
N 250' of S 950' of E 230' of W 270' of W 1/2 of W 1/2 of SW 1/4
of SE 1/4, 30-9-30.
N 250' of S 1280' of E 230' of W 270' of W 1/2 of W 1/2 of SW 1/4
of SE 1/4, 30-9-30.
Section 3. The estimate cost and expense of said improvement
is hereby declared to be $12, 156.90. Approximately 15 per cent of the cost
and expense of such improvement shall be paid by the City from funds
available to it and the entire balance of the 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
established, embracing, as near as may be, all property specially benefited
by such improvement.
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 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 zone -and -termini method provided by statute.
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. 72,"
hereinafter created, to bear interest from the date thereof at a rate to be hereafter
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fixed by ordinance not to exceed 6% per annum and to be redeemed in
cash, and/or by local improvement district bonds herein authorized to
be issued, and 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 to exceed 6% per annum, shall be payable on or before
twelve (12) years 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 Improvement District No. 72" 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 pity of Pasco. In the
case of default in the payment of any assessment when the same shall 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. As an alternative to the issuance of such bonds
the City may, pursuant to Chapter 165 of the Laws of 1961 of the State of
Washington, issue an installment note and sell the same to such City fund as
an investment for such fund 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 "L6cal Improvement Fund, District No. 7 2. "
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. 72, a special fund to be known and designated as "Local Improvement Fund,
District No. 72," into which fund shall be deposited (a) the proceeds from the
sale of revenue warrants 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 by the City Council and APPROVED by the Mayor of
the City of Pasco, Washington, at a regular meeting thereof, this 20th day
of JuAlY, 19 65 .
ATTEST:
f ,
City Clerk
FORM APPROVED:
City A torney
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MAYOR