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HomeMy WebLinkAbout1277 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 1277 AN ORDINANCE ordering the improvement of Court Street from Chase Avenue to Empire Way within the City of Pasco, Washington, by the construction and installation to arterial standards of curbing;, ballasting, grading, surfacing,- and. paving, all in accordance with Resolution No. 707 of the City Council of the City°of Pasco, Washington; establishing Local Improvement District' No. 76; providing the method of assessment in said District; providing tft 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, orasan" alternative thereto an' installment note. WHEREAS, by Resolution No. 707 ,. adopted March 21, 1967, the City Council of the City of Pasco declared its intention to order the improve- ment of Court 'Street from Chase Avenue to Empire Way within the City of Pasco,- Washington, by the construction and installation to arterial standards of curbing, ballasting, grading, surfacing and paving and fixed the 2nd day of May, 1967, 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 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 state- ment 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 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. 707 was given, in the manner provided by law and said hearing was held by the City Council on May 2, 1967, 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. It is hereby ordered that Court Street from Chase Avenue to Empire Way within the City of Pasco be improved by the construction and installation to arterial standards of curbing, ballasting, grading, surfacing and paving. 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. 76 of the City of Pasco, Washington, " which District is described as follows: - 2 - Beginning at the S.E. corner of Section 24, T9N, R29 E.W.M. which is the intersection of the centerlines of Court Street and North Chase Avenue; thence west along the center- line of Court Street to the intersection of the centerlines of Court Street and Road 24; thence north along the centerline of Road 24 to a point opposite the north line of Lot 10, Block 1, Lewis.Addition; thence east along the north line of Lots 10, 9, 8, 7, 6, 5, 4, 3, 2 & 1, Block 1, Lewis Addition to the centerline of Road 22; thence north along the centerline of Road 22 to the intersection with the centerline of Ruby Street; thence east along the centerline of Ruby Street to a point opposite the west line of Lot 7, Block 1, Kidwell Addition; thence south along the west line of said lot 7 to the North- west corner of Lot 6, Block 1, Kidwell Addition; thence east along the north line of Lots 6, 5, 4 , 3, 2 & 1, Block 1, Kidwell Addition to the centerline of North Chase Avenue; thence south along the centerline of North Chase Avenue to the intersection with the centerline of Court Street which is the point of beginning. Section 3. The total estimated cost and expense of said improvement is hereby declared to be $50,000.00. Not to exceed a total of $8,000.00 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. Approximately $25,000.00 of the cost and expense of carrying out such improvement will be paid by Franklin County pursuant to agreement with such County, and approximately $17, 000. 00 of such cost and expense of carrying out such improvement shall be paid from moneys in the City "Arterial Street Fund. " 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 improve- ment without regard to the zone -and -termini method provided by statute. - 3 - 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 warrants. to be payable out of the "Local Improvement Fund, District No. 76, ".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 bonds shall bear interest at a rate to be hereafter fixed by ordinance not exceed- ing 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. .76 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 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 alterna- tive,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 sameā€¢ 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 -4- 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. 76. " 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. 76 a special fund to be known and designated as "Local Improvement Fund, District No. 76, " 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 Franklin County and collections pertaining to assessments, 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 16th day of May, 1967. ATTEST: City Clerk FOR<J1 APPROVED: Ci y Attorney - 5 -