The URL can be used to link to this page

Home My WebLink About1334 OrdinanceRECEIVED CITY OF PASCO, WASHINGTON _ JAN 71969 D- 1334 ORDINANCE N0. yy� \ ✓ ' ;ani;, �. 3• vb it AN ORDINANCE ordering the improvement of ". Margaret Street from Lucas Avenue to Aurilia Avenue, and certain other streets and avenues in the City by the construction and installa- tion of asphaltic concrete wearing course, asphalt treated base course, concrete gutter and concrete curbs and sidewalks, and all neces- sary contingent items, all in accordance with Resolution No. 755 of the City Council of the City of Pasco, Washington; establishing Local Improvement District No. 79; providing the method of assessment in said District; provid- ing that payment for said improvement be made 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 re- deemable in cash and local improvement district bonds. WHEREAS, by Resolution No. 755, adopted December 3, 1968, the City Council of the City of Pasco declared its intention to order the improvement of Margaret Street from Lucas Avenue to Aurilia Avenue, and certain other streets and avenues in the City by the construction and installation of asphaltic concrete wearing course, asphalt treated base course, concrete gutter and concrete curbs and sidewalks, and all necessary contingent items, and fixed the 7th day of January, 1969, at 8:00 o'clock p.m. (PST) 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, Sandra Stanley, City Engineer, has caused an esti- mate 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 her 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 250 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. 755 was given in the manner provided by law and said hearing was held by the City Council on January 7, 1969, 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 Margaret Street from Lucas Avenue to Aurilia Avenue, and certain other streets and avenues in the'City be improved by the construction and installation of asphaltic concrete wearing course, asphalt treated base course, con- crete gutter and concrete curbs and sidewalks, and all necessary con- tingent items, as follows: -2- Margaret Street from Lucas Avenue to Aurilia Avenue; Park Street from Lucas Avenue to Aurilia Avenue; Nixon Street from Lucas Avenue to Aurilia Avenue; Adams Avenue from Sylvester Street to Henry Street; 10th Avenue from Sylvester Street to Nixon Street; Aurilia Avenue from Nixon Street to Henry Street. All of the foregoing shall be in accordance with the plans and specifications therefor to be prepared by Sandra Stanley, City Engineer. Section 2. There is hereby created and established a local improvement district to be called "Local Improvement District No. 79 of the City of Pasco, Washington," the boundaries of such local improvement district being described as follows and including the following described lands: All of Block 2; Block 3 except southwest quarter; All of Blocks 4, 5, 6, 7, 8, and 9; Block 10 ex- cept northwest quarter; all of Blocks 11 and 12 in Kurth's Addition. Tracts A, B, C, D, F, G, H of Brewery Park in Park Addition. Portion Lot 12, Lots 13 through 20, and portion of Lot 21, all in Block 3, Park Addition. Lots 9 through 13 and 20 through 24 in Blocks 4, 9, and 10 of Sylvester's Addition. Section 3. The total estimated cost and expense of said improvement is hereby declared to $83,895.16. The entire 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. 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 with- out regard to the zone -and -termini method provided by statute. QcIM 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 pay- able out of the "Local Improvement Fund, District No. 79," herein- after created, to bear interest from the date thereof at a rate to be hereafter fixed by ordinance not to exceed 8% 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 ex- ceeding 8% 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 here- under 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. 79 is in her hands for collection. The bonds shall be redeemed by the col- lection of special assessments to be levied and assessed upon the property within said District, payable in ten (10) equal annual in- stallments, with interest at a rate to be hereafter fixed by ordinance not exceeding 8% 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 be- come due, there shall be added interest at a rate to be hereafter fixed by ordinance not to exceed 8% 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 de- termine. -4- Section 6. All the work necessary to be done in connec- tion with the making of said improvement shall be done by and made by contract upon competitive bids and the City shall have and re- serves the right to reject any and all bids. The call for bids for work authorized pursuant to this ordinance shall include a state- ment that payment for said work will be made in cash warrants drawn upon the "Local Improvement Fund, District No. 79." 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. 79 a special fund to be known and desig- nated as "Local Improvement Fund, District No. 79," 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 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 7th day of January, 1969. ATT T: Directo f Administration and Ex- ficio Clerk FORM APPROVED: Cityttorney -5- Mayor I, GEORGE D. EASTMAN, Director of Administration and Ex -Officio Clerk of the City of Pasco, Washington, do hereby certify that the attached is a true and correct copy of Ordinance No. 1334, passed January 7, 1969, as said ordinance appears on the Minute Book of the City. DATED this 7 day of January, 1969. GEORGE EASTMAN, Director of Administration and Ex -Officio Clerk