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HomeMy WebLinkAbout1393 OrdinanceZ CITY OF PASCO, WASHINGTON ORDINANCE NO. 1393 AN ORDINANCE ordering the improvement of Columbia Street from 10th Avenue to 4th Avenue in the City by grading, constructing and install- ing asphalt treated base course, asphalt concrete surfacing, gutters and all incidental work, all in accordance with Resolution No. 795 of the City Council of the City of Pasco, Washington; establishing Local Improvement District No. 81; providing the method of assessment in said District; providing 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 dis- trict warrants redeemable in cash and local improvement district bonds. WHEREAS, by Resolution No. 795, adopted August 19, 1969, the City Council of the City of Pasco declared its intention to order the improvement of Columbia Street from 10th Avenue to 4th Avenue and certain other streets and avenues in the City by grading, constructing and installing asphalt treated base course, asphalt concrete surfacing, gutters and all incidental work, and fixed the 16th day of September, 1969, at 8:00 o'clock p.m. (PDST) in the Council Chambers in 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, caused an estimate to be made of the costs and expenses of each unit of the proposed improvement, and 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 each unit 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 each unit of 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. 795 was given in the manner provided by law and said hearing was held by the City Council on September 16, 1969, and all written protests filed'with the City Council on or before said date were duly considered s 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 Unit II of said improvement as described in Resolution No. 795 be deleted from the local improvement district at this time and that Unit I of 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 Columbia Street be improved from 10th Avenue to 4th Avenue by construction and installation to Arterial standards asphalt treated base course, asphalt concrete surfacing, gutters, and all necessary sidewalks and curbs. All of the foregoing shall be in accordance with the plans and specifications therefor to be prepared by Sandra Stanley, City Engineer. -2- Section 2. There is hereby created and established a local improvement district to be called "Local Improvement District No. 81 of the City of Pasco, Washington," the boundaries of such local improvement district being described as follows and including the following described lands: Beginning at a point on the centerline of 10th Avenue being the point of intersection with the westerly projection of the northerly line of Lot 12, Block 4, Pettits Addition as recorded in Volume B, Page 42, Book of Plats; thence easterly along the northerly lines of Lots 12 and 1 in said Block 4, Lots 12 and 1 in Block 3 of said Pettits Addition, and Lots 12 and 1 in Block 1 of said Pettits Addition and their projections thereof to the centerline of 7th Avenue, thence northerly along the centerline of 7th Avenue to a point of intersection with the centerline of the east/west alley between Columbia Street and Lewis Street; thence easterly along the centerline of said alley to a point of intersection with the east line of Section 30, + T9N, R30E, WM; said point being the east boundary of Pettits Addition; thence, continuing easterly along the centerline of said east/west alley which is a part of Gerry's Addition as recorded in Vol. B, Page 18, Book of Plats, to a point of intersection with the centerline of the north/ south alley between 5th Avenue and 4th Avenue; thence southerly along the centerline of the north/south alley to a point of intersection with the westerly projection of the northerly line of Lot 12, Block 17 of Gerry's Addition; thence easterly along the north line of said Lot 12 and its projection thereof to the centerline of 4th Avenue; thence, southerly along the center- line of 4th Avenue to a point of intersection with the easterly projection of the southerly line of Lot 1, Block 20, said Gerry's Addition; thence westerly along said southerly line of Lot 1 to a point of intersection with the north/south alley between 5th Avenue and 4th Avenue, thence south- erly along the centerline of said north/south alley to a point of intersection with the centerline of the east/west alley between Columbia Street and South Street; thence westerly along the centerline of said east/west alley to a point of inter- section with the south boundary of Gerry's Addition; thence westerly along said South boundary to a point of intersection with the east line of Section 30, T9N, R30E, WM; thence ,south along said sectionline to a point of intersection with the south boundary of Pettit's Addition, thence westerly along said south boundary to a point of intersection with the .,south right-of-way line of Columbia Street; thence southerly to the centerline of the in- cline track of the Northern Pacific Railway; said line being at right angles to the center- line of the incline track; thence westerly -3- along the centerline of said incline track to a point of intersection with the centerline of 10th Avenue; thence northerly along the center- line of 10th Avenue to the point of beginning. Section 3. The total estimated cost and expense of such improvement is hereby declared to be $80,000.00. Not to exceed $30,000.00 of the cost and expense of such improvement shall be borne by.and assessed against the property specially benefited by such im- provement 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 in the City's "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 in 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. 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. 81," 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 -4- 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. 81 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 8-1/2% 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 8-1/2% per annum and a penalty of 6% which shall also be collected. The exact form, amount, date, in- terest 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. 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. 81." 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. 81 a special fund to be known and desig- nated as "Local Improvement Fund, District No. 81," 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 -5- F 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 for 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 October, 1969. Mayor ATTEST Dial �o Administration alfx- fficio Clerk FORM APPROVED: i Ckfy Attorney