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HomeMy WebLinkAbout1211 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 1211, AN ORDINANCE of the City Council of the City of Pasco, Washington, ordering the improvement of "A" Street from Chase Avenue to Oregon Avenue and certain other streets and avenues within the City of Pasco, Washington, all in accordance with Resolution No. 661 of the City Council of the City of Pasco, Washington; establishing Local Improvement District No. 73; providing the method of assessment in said District; providing that payment for said improvement be made in part 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. 661, adopted October 5, 1965, the City Council of the City of Pasco declared its intention to order the improve- ment of "A" Street from Chase Avenue to Oregon Avenue and certain other streets and avenues within the City of Pasco, Washington, by the construction and installation of curbs, gutters, ballasting, grading, surfacing and providing drainage facilities, and fixed the 2nd day of November, 1965, 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 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 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 improve- ment, 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. 661 was given in the manner provided by law and said hearing was held by the City Council on November 2, 1965, 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 to be in the best interest of the City and of the owners of property within the local improvement district that a portion of the 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 . It is hereby ordered that : "A" Street from Chase Avenue to Oregon Avenue Chase Avenue from "A" Street to W. Lewis Street Clark Street from Lucas Avenue to Illinois Avenue and Illinois Avenue from Clark Street to W. Lewis St. be improved by the construction to arterial standards of curbing, :gutters, ballasting, grading, surfacing and by providing drainage facilities. All of the foregoing shall be in accordance with the plans and specifications -2- 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. 73, " which District is described as all property abutting upon the above described streets to be improved to a maximum depth of 200 feet for unplatted property. Section 3. The estimated cost and expense of said improvement is hereby declared to be Not to exceed a total of $127,843.44 of the cost and expense of such 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. The balance of the cost and expense of carrying out such improvement shall be paid from moneys presently on hand and to be deposited in the Arterial Streets Fund of the City. 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, to -wit, at a flat rate of $6.00 per lineal foot of property abutting upon the streets to be improved with a 50 cent per lineal credit given for existing curbing. Section S. 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. 73," hereinafter 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 district bonds herein authorized to be issued, -3- S 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 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. 73" 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," an 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 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 Ehall 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 haveazd 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. 73." 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. 73, a special fund to be known and designated as "Local Improvement Fund, District No. 73, " 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 2nd day of November, 1965. Mayor ATTEST: City Clerk FORM APPROVED: City Attorney ` -5- ArFIDAVIT OF AVAILING y% STATE OF WASHINGTON) . ss. COUNTY OF -.FRANKLIN,) GEORGE R. FISHER, beim :irst*duly sworn on oath, deposes.and says: That he is the•duly qualified and acting City'Engineer for the:,Cty of Pasco; Washington•, a municipal corporation, and that he.has caused.individual copies .of•the.appended Notice of Public bearing and Memorandum .of Assessment to be mailed to each of the individuals named and described on the attached list of. the.•assessment roll for: That it is the intention of the City Cotincil.of the City of Pasco, Washingtons to order street construction to arterial standards by curbing, guttering, ballasting, grading, surfacing F.. providing.; drainage facilities on the following streets_and"avenues in the City of Pasco, Washington, :h Street from Chase.Avenue to Oregon Avenue, Chase Avenue from A Street to West Lewis Street; Clark Street from Lucas Avenue to Illinois Avenue, Illinois Avenue from Clark Street to Lewis Street, and that all'of such Memorandum of .Assessment and all of such Notices of Public.Hearing were placed in the. United States'mails at the Post Office in Pasco; Washington on or before October. -13, 1965 and that each of such Memo- randum of Assessment was properly addressed to the named addresses at the address _listed and that the proper amount -of postage was•placed upon each of such notice's;' further,. your affiant .is informed "and believes that the attached and appended list is a true and correct copy of such list as the same appears on the tax rolls for Franklin County, State of Wz 'ngton. eor ;a K. F Sher v _ Eng4.neer. City of P co, Washingon - Subscribed and sworn to before me this 3 day of 221=2 , 1965, Notary ruDlic. in tinct for the S ate of Washington, residing at Pasco. Mr. D. Wayne Campbell City Attorney City Hall Pasco, Washington Re: Local Improvement District #73 Dear Wayne: TELEPHONE MAIN 2-1818 AREA CODE 206 Pursuant to your request I have prepared and am enclosing an original and five copies of an ordinance ordering the improvement and creating the above local improvement district for consideration by your City Council after the hearing on November 2. If the ordinance meets with your approval and it is passed by the Council I should appreciate your asking Harold Wyman to return to me one certified copy, together with certified excerpts from the minutes of the Council meeting showing the passage of the ordinance and reflecting the protests filed and the Affidavit of Publication after it has been pub- lished. I should also appreciate receiving an Affidavit of Mailing of the Notices of Hearing. The Huskies redeemed themselves somewhat last Saturday, but we will have to wait and see what they do against Stanford next Saturday. With best regards, ROBERTS, SHEFELMAN, LAWRENCE, GAY & MOCH By James Gay JG:mh i Encl. LAW OFFICES F. M. ROBERTS ROBERTS, SHEFELMAN, LAWRENCE, GAY MOCH JAMES P. WETER (1877-1959) HAROLD S. SHEFELMAN (WETER, ROBERTS S SHEFELMAN) VICTOR D. LAWRENCE JAMES GAY 1818 IBM BUILDING ROBERT G. MOCH JAMES HARPER SEATTLE, WASHINGTON 98101 GEORGEE M. MACK BRIAN L.COMSTOCK TIMOTHY R. CLI FFORD LARRY M. CARTER October 26, 1965 Mr. D. Wayne Campbell City Attorney City Hall Pasco, Washington Re: Local Improvement District #73 Dear Wayne: TELEPHONE MAIN 2-1818 AREA CODE 206 Pursuant to your request I have prepared and am enclosing an original and five copies of an ordinance ordering the improvement and creating the above local improvement district for consideration by your City Council after the hearing on November 2. If the ordinance meets with your approval and it is passed by the Council I should appreciate your asking Harold Wyman to return to me one certified copy, together with certified excerpts from the minutes of the Council meeting showing the passage of the ordinance and reflecting the protests filed and the Affidavit of Publication after it has been pub- lished. I should also appreciate receiving an Affidavit of Mailing of the Notices of Hearing. The Huskies redeemed themselves somewhat last Saturday, but we will have to wait and see what they do against Stanford next Saturday. With best regards, ROBERTS, SHEFELMAN, LAWRENCE, GAY & MOCH By James Gay JG:mh i Encl. l November 1, 1965 Roberts, Shefelman, Lawrence, Gay 6 Moch 1818 -IBM Building Seattle, Washington Attn: James Gay Re: L.I.D. #73 Dear Sir Enclosed is a certified copy of Ordinance No. 3211 relative to L.I.D..#73' passed by the Pasco City Council on November 2, 1965. Also enclosed is an Affidavit of Mailing, signed by George Fisher for completion of your file. He will send you the Affidavit of Publication as soon as we receive it from the Tri. City Herald as well as excerpts of minutes showing passage of Ordinance No. 1211. Sincerely, Harold A. Wyman City Clerk HW.ew Enc: