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HomeMy WebLinkAbout1251 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 12Sl AN ORDINANCE ordering the improvement of Brown Street from Aurilia Avenue to Arthur Avenue and certain other streets and avenues in the City of Pasco, Washington, by grading, constructing and installing new base course, 1 1/2 inch of asphalt concrete surfacing, curbs and gutters and storm sewers,all in accordance with Resolution No. 694 of the City Council of the City of Pasco, Washington; establishing Local Improvement District No.75; providing the method of assessment in said District; pro- viding that payment for said improvement be made in part by special assessments upon the property in said 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. 694, adopted July 5, 1966, the City Council of the City of Pasco declared its intention to order the improvement of Brown Street from Aurilia Avenue to Arthur Avenue and certain other streets and avenues in the City of Pasco, Washington, by grading, constructing and installing new base course, 1 1/2 inch of asphalt concrete surfacing, curbs and gutters and storm sewers and fixed the 2nd day of August, 1966, at 8:00 o'clock p.m. (PDST) in the Council Chambers of the City Hall in the City of 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, City Engineer, has caused an estimate to be made of the costs and expenses 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 taxa- tion; 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. 251 was given in the manner provided by law and said hearing was held by the City Council on August 2, 1966, and all written protests filed with the City Council on or before said date were duly considered and overruled and all persons appearing at said hearing were heard; and WHEREAS, the City Council has determined it to be in the best interests of the City 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 Brown Street from Aurilia Avenue to Arthur Avenue and certain other streets and avenues in the City of Pasco, Washington, by grading, constructing and installing new base course, 1 1/2 inch of asphalt concrete surfacing, curbs and gutters and storm sewers in the City of Pasco, Washington, is hereby ordered. All of the foregoing shall be 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. 75 of the City of Pasco, Washington," which District is described as follows: Beginning at the point of intersection between the center of the right of way of Henry Street and the center of the right of way of Arthur Avenue, thence north along the center of the right of way of Arthur Avenue to the in- tersection with the center of the alley of Block 12 of Sylvester's Second Addition, thence west along the center of the alley to the center of Block 12, thence north to the center of the right of way of Court Street, thence west along the center of the right of way of Court Street to the west line of the east 1/4 of the vacated Sylvester's Third Addition, thence -2- south along the west line of the east 1/4 of the vacated Sylvester's Third Addition to the westerly extension of the center of the alley of Block 3 of Sylvester's Second Addi- tion, thence west along the westerly extension of the center of the alley of Block 3 of Sylvester's Second Addition to the center of the right of way of Lucas Street, thence south along the center of the right of way of Lucas Street to the center of the alley of Block 10 of Kurth's Addition, thence east along the center of the alley of Blocks 10, 11 and 12 of Kurth's Addition and then continue east along the center of the alley of Block 10, 11 and 12 Sylvester's Addition to the center of the right of way of Arthur Avenue, thence north to the center of the right of way of Henry Street which is the point of beginning. Section 3. The estimated cost and expense of said improve- ment is hereby declared to be $150,430.17. Not to exceed a total of $134,151.73 of the cost and expense of such improvement shall be borne by and assessed against the property specially benefited by such improvement included in the local improvement district herein 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 available to the City for such purpose. 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. Section 5. Local improvement district warrants shall be issued in payment of that portion of the cost and expense of the improvement herein ordered to be assessed, such warrantsto be payable out of the "Local Improvement Fund, District No. 75," 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, said interest- bearing warrants to be hereafter referred to as "revenue warrants. " Such -3- bonds shall bear interest at a rate to be hereafter fixed by ordinance not exceeding 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 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 of not to exceed 60 days after the first publication by the City Treasurer of notice that the assessment roll for Local Improvement District No. 75 is in her hands for collection. The bonds shall be redeemed by the collection(d 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 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 shallbe 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 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. 75." 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. 75 a special fund to be known and designated as "Local Improvement Fund, District No. 75," into which fund shall be deposited the proceeds from the sale of revenue warrants drawn against said fund which may be issued and sold by the City, moneys contributed by the City and collections pertaining to -4- assessments, and against which fund sha 11 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 con- nection 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 August, 1966. ATTEST: City Clerk FORM APPROVED: City Attorney -5- Mayor F. M- ROBERTS JAMES P- WETER (1877-1959) HAROLD S. SHEFELMAN VICTOR D. LAWRENCE JAMES GAY ROBERT G-MOCH JAMES C. HARPER GEORGE M. MACK BRIAN L.COMSTOCK TIMOTHY R.CLIFFORD LARRY M- CARTER KENNETH L. SCHUBERT, JR. LAW OFFICES ROBERTS, SHEFELMAN, LAWRENCE, GAY & MOCH (WETER, ROBERTS S SHEFELMAN) Mr. D. Wayne Campbell City Attorney City Hall Pasco, Washington Dear Wayne: 1818 IBM BUILDING SEATTLE, WASHINGTON 98101 July 28, 1966 Re: Local Improvement District No. 75 TELEPHONE MAIN 2-1818 AREA CODE 206 In anticipation of your August 2 Council meeting at which you will have the hearing on the formation of the proposed LID, I have prepared and am enclosing an original and five copies of an ordinance ordering the improvement and creating the district. You will note that I have provided that all protests were overruled and no changes were made in the scope of the improvement. I also provided for assessments to be made without regard to the zone and termini method. If either of these assumptions are not correct, please feel free to correct the ordinance. If the ordinance is passed at your August 2 meeting, I should appreciate your having returned to me one certified copy, together with certified excerpts from the minutes of the Council meeting showing the passage of the ordinance and the Affidavit of Publication after it has been published. I should also appreciate receiving an Affidavit of Mailing of the notices of the hearing to the property owners and a copy of George Fisher's engineering data filed. If you have any questions concerning the ordinance, please contact George Mack in my office since I will be out of the City from August 1 through August 11. With best regards, ROBERTS, SHEFELMAN, LAWRENCE, GAY & M OC H By James Gay JG:mh Encl . X c