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
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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,
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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 `
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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: