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HomeMy WebLinkAbout1476 OrdinanceCITY` OF PASCO, `WASHINGTON. ORDINANCE. NO.' 1476 AN ORDINANCE ordering the improvement of North Fourth Avenue from Court Street to Empire Wayand certain -other streets and' avenues in the C=ity by 'the construction and installation to arterial standards of: curbs,, gutter`s, paving and all inc idental, work, all in accordance with Resolution No. 854 of the City Council of the City 'of Pasco,, Washington establishing Loc.a`l Improvement District No_ 83 providing the method of assessment in ,s;aid.District; providing that payment for said improvement be made by sp:ec'_a''1 assessments, upon the property in said. District, payable by the mode of "payment by bonds"; and providing for the issuance .and 4sale of' loca-1 improvement dis- tric.t warrants redeemable in,cash and local improvement district bonds. WHEREAS, by Resolution No. 854, adopted April 6, 1971, the City. Council of the. City of Pasco declared its intention. to. order the 'improvement of North Fourth Avenue ,from Court Street to Empire'Way and certain other streets and avenues :in the City by the construction and, installation to arterial standards of curbs, gutters,,. paving and all incidental work,'and fixed the 4th day of May, 1971, at 8:00 p.m. (PDST) in the Council Chambers in the City Hall in the City of Pasco:, Wash'ingt'on,, 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 R. Stan -ley, City. Engineer, caused an estimate. to be made; of the costs and, expenses of each unit of the proposed improvement.,and certified s'aid.estimate to the City Council, together with all papers and information,in her possession touching the .proposed ;improvement;. a description of theboundaries of the D'stri,ct, a statement 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,distri.ct, and a sta"tement of the aggregate actual valuation of, the rea-1 eestate including 2.5%,o:f 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, 854 was given in the .rftanngr provided by .lawand said hearing .was held,by the.Ci'ty, Council on -May-4, 1971, and all written protests filed with the City Council on or before said date were duly consid`_ered' and all persons appearing at s°aid hearing were heard; -and. WHEREAS, the City Council has determined it to b,e 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; NO.W,'THEREFORE, THE `:CITY COUNCIL OF THE CITY OF PASCO,,, WASHINGTON, DO; ORDAIN, as follows.: Section I. The City Council of the City of Pasco, Washington, hereby orders arterial street construction consisting of ,curbs, gutters, necessary sidewalks, grading, ballast, surfacing, asphalt concrete, paving and a 1 incidental work on th:e following arterial streets in the City: (a) North Fourth Avenue ;from Court Street to Empire. Way, being one cont nuousi unit of the proposed improvement and herein referred 'to as "Un=it 1." (b), South Fourth Avenue from 'Ainsworth Avenue to the eas -west alley south of' "B" Street, being one' continuous. unit of the proposed_ improvement and herein referred to as "Unit II." (c') E'as't "A" Street fromElm Avenue to Cedar Avenue, being one continuous unit of the proposed, improve- ment and herei-n referred to as "Unit III." -2,- All of the fbtegoirig shall be in accordance with the plans, and specifications therefor to be prepared by Sandra R. Stanley, City Engineer. S.ect,on. 2. There is hereby created and established a. local improvement district to be called "Local Improvement District No. 83 of the 'Ci-ty of Pasco, Washington,"' the boundar:i.es of, such local improvemen=t district being :described as follows.and.including the following described lands: (;a) Beginning at the point of, inters'ecti-on of. the centerlines o'f North Fourth Avenue and West Court Street; thence easterly along the centerli-ne of West Court Street 2,38'.7 feet,.; thence northerly along a line parallel to and ,2;38.7 feet east of; the: centerline of North Fourth Avenue to the south line of Bolin's Addition, as re'cord'ed, in Volume C, Page 49 Book: 'of Plats; thence easterly along the south 'line of said Bolin'.s Addition to the point of intersection with the centerline of North Third Avenue, thence northerly along the centerline of, said -Third 'Avenue- to the point of intersection with the easterly projection of the south line of Lot 2, Block h,, of said Bolin's Addition; thence westerlyalong said south line to the Southeast; corner o.f Lot 1, Block 1, of said Bolin's Addition; thence northerly along the east line of said Lot 1 and its p"roje'ctions thereof to the point of intersection with the centerline of West North Street; thence easterly along the centerline of. said West North Street to the point of intersection with thesoutherly projection 'of the east line of ,Lots 1 through 11 of Inland Addition as recorded in Volume C, ,`Page .52 Bo...okl 'of, ;Plats,, thence northerly along the easterly line of Lots 1''through 1.1 of said Inland. Addition to a point of intersection with the south line of the Plat of P.U.D. Addition as recorded in Volume C; Page 2'6 ;Book of. ;Plats;; thence westerly along said south line. and, its p.roj-e.ct- ons thereof to the point of intersection with the projection of: the east line of, Lot 11, ',,Block ,2 of the Plat of'G1en R. Mudd Addition as recorded in,. Volume C, Page 5 of the Book of Plats; thence so.uther-ly along said east line to the Southeast corner o,f said: Lot 11; thence westerly along thei southerly line of said Lot 1-1 and i,ts projections thereof to the point of intersection with,the centerline of the north -south.. alley between Block 1 and Block .2 of said Mud'd's Addition, thence southerly along the centerline of said north -south alley to the point of intersection with the northerly line of Lot 1.4, of Buck's Subdivision as recorded inVolume B, Page 70 Book of Plats; thence westerly along said line to the intersection of the west lines cf, Lots 2 through '14; thence southerly along 'thesaid west line to the.point of intersection With the northerly line of Lot 1 of Said Buck' -s Subdivision.; thence westerly along said line ;and, its projections thereof' to the point of intersection with the centerline of North -3- Arthur Avenue; thence soiitherly' along said centerline to the point of intersection with the north line of Holter':s Addition as recorded in volume C, Page 33 Book of Plats;: thence easterly along said north line to the point of intersection with the northerly projection of, the west line of Lot 1:0 of said Holter "s Addition; thence southerly along said west line to the southeast corner of Lot 11, of said Holter's± Addition; thence westerly along the:southerly 'line of said Lot 11 to the Northwest corner of Lot. -.9, .of. said Halter's Addition; thence southerly along said line and its projections thereof to the, point of intersection with the centerline; of Court, _Street; thence easterly along said centerline to the point of beginning, encompassing the properties to be included in "Unit L.7" (b) Beginning at a point on the centerline of South :Fourth Avenue,°being the point of intersection with the centerline of the east -west alley of. Block 5,. of Gray's Amended Addition as recorded in Volume B, Page 20. Book of Plats; thence westerly along the centerline of said east-west,alley to the: point, of intersection with the north -south alley of s°aid. Block 5; thence southerly along the centerline, of said north -south alley to. th'e point of .intersection with the centerline of' West "C'" Street; thence westerly along the.centerline of said "C"' Street to the point of intersection with, the centerline of South Bridge Avenue.,; thence southerly along the. centerline of said South Bridge Avenue to.the point of intersection with the easterly projection of the north line of Lot 7, Block 9, of Gantenbeim's Addition as recorded.in Volume B, Page 17 Book of Plats; thence westerly along the said north line and its, pr,ojiections thereof to the point cf intersection with the centerline of the north -south alley,of said Block 9; thence southerly .along the centerline of said north -south alley of Block 9 and the centerline. of the north -south alley of Block. 1,6' of Gantenbein' s. Addition to the point of intersection with the easterly projection of the north line of Lot 14, Block' 16' of said Gantenb`ein' s Addition; thence westerly along said north -line of..Lot 14 and its projections thereof to the point of intersection with the cennterline; of South. Fifth .Avenue; thence southerly along the centerline of said SouthFifth Avenue to the point of intersection with the centerline of West Ainsworth Avenue; thence southeasterly, along the centerline of said'We`st Ainsworth Avenue to the point of intersection with the -westerly r--tight-of-way line ,of, theBurli,ngton Northern Railroad.; thence northeasterly along said right-of-way ;line to the point of intersection with the centerline o'f South Bridge Avenue; thence northerly along the centerline of `s°aid' South Bridge, Avenue to the point of intersection with the: westerly projection of the south bine of Lot 18, Block 12, of said Gray's ,.Amended Addition; thence easterly along said south Tine and its°projections: thereof. to the point of intersection with the westerly right-of-way line of the Burlington Northern Railroad; thence northeasterly along said right-of-way line to the point of intersection -with the centerline of the north -south -4- alley, Block 12, of said Gray's Amended Addition; thence northerly along the centerline of said north -south alley to the point of intersection with the easterly :right-o;f-way line of South Fourth Avenue; thence northeasterly along said right -of, - way line to the point of intersectionwith the westerly projection of the south line of Lot 5, Block 12, of said Gray's Amended Addition; thence, easterly along said line to the point of n-'te'rsect-ion with the, wes:te`rly right-of=way line of the Burlington Northern Railroad; thence northeasterly along said right-of=way line and ,continuing northeasterly in a straight line -along the west line of the original 100 foot right-of-way 'line, which was 'lying 6:5 feet west of, and parallel. to the main line, to the point of'intersec.tion with the centerline of the east -west alley as platted in. Block 6 of said Gray's Amended Addition; thence westerly along the centerline of said east; west alley and its projections, thereof to the centerline of South Fourth Avenue; also being the point of beginning, encompassing the properties to be included in "Unit II.."' (c) Beginning at a point on the centerline, of "A=' Street being the point of intersection with the centerline of South Elm Avenue; thence northerly along the centerline of said Elm Avenue to the point of Intersection 'with, the westerly projection of the north lime of thee south one half of Block 9 of Kurtzman''s First Addition as recorded in Volume B, Page 29 Book of Plats thence easterly along the said north lines of Block 9 and continuing easterly along the said 'north line of the south one, half of, Block`s 10, 11 and 12 of said Kurtzman's First Addition and their projections thereof to the point of°intersection with the east line of said Kurtzman's First Addition.;,thence southerly along said east line to the Southeast corner, of, said, Kurtzman' s, First Addition allso being the Northeast corner of Elliott's Addition as recorded in Volume.C, Page 54 Book of Plats; thence continuing southerly along the east aline of :s°a:id Elliott's Addition to the Southeast corner of: the plat; then=ce. westerly along the south .line of said Elliott's Addition to the. Southwest corner of said Elliett's Addition; thence- northerly' .along the west line of said Elliott's Addition to the Northwest. corner of said Elliott's. Add-ition also being the point 'of beginning encomp:assin�g the properties to be included in "Unit. III." Section 3. (a) The total; estimated. cost of "Unit I" of such imp-rovement. is $11-2,000.00 and not to exceed a total of $43,000.00 of, the cost and expense of such unit of, said improvement shall b'e, bowie by, and assessed, against the properties specially benefited by such unit of said improvement included' in the local improvement district herein establi!s`hed embracing as near As may 'be all of the properties specially 5:- benefited by s:uch.unit of said improvement. TheL balance of such'co:st and expense of carrying out "Unit `I'" .of such improvement shall be. paid from Urban Arterial, Trust Fund's anticipated to be received from the State of 'Washington. (b) The total estimated cost of "Unit I'I" of such improvement is $3'8, 0'00.00 and not to exceed a total of $"8, 0;0°0.0`0 of the cost and expense of such unit of said improvement shall be borne by :and assessed against- the properties ,specially beneef te_d, by such unit orf° 'said, improvement included in the local improvement district herein established embracing as near as may all of the .propertie`s. specially benefited by such unit of said improvement. The balance of 'such cost "and expense of carrying out "Unit I1"' of such improvement shall be paid from Urban Arterial Trust Funds.- anticipated to be received from the State of Washington. (c) The, total estimated cost of "'Unit III" of such improvement ,is $4.3,0`00.00 and not to exceed.a total of $12,800.00 of the :cbs't and .expense Of such unit of Said improvement Shall be borne by and assessed against the properties specially benefited by such unit of' said improvement included in the 'local improvement district herein established embracing as near as may be all of the properties specially be_ne:f.'ited. by such unit. ''of said, improvement.. Th:e balance of such cost and.. expense of :carrying out "Unit III"' of such improvement shall be paid from Urban Arterial Trust Funds anticipated to be receivedfrom the. State of Washington;. Section 4. In accordance with the provisions of Section 7 of Chapter 258, Laws' of Washingtori, 19.6,9, lst Ex. Sess., the City may use any method or combination of me=thods to compute assessments, which may be deemed to fairly reflect the special benefits to the. propertie's being asse°ssed. 'Section 5. Local; .improvement district. warrantsshall be .issued in payment of the cost and expense of the improvement., such warrants to-be•payable out of the "Local'Improvement Fund, District No. 83 hereinafter created, to bear- interst from -the date thereof at a rate to, be hereafter fixed by ordinance not to exceed 8% per MC annum 'and to be redeemed in cash, and/Or by local improvement district bonds h'erei'n authorized to be issued,,- such interest-bearirng 'warrants. to be hereafter referred to as "revenue warrants._" Such bonds shall bear interest at a rate to be hereafter fixed by ordinance not exceeding 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,o_f any and all revenue warrants issued hereunder and not redeemed in cash within a period of not to exceed sixty (60) days after the first publica,tion by the City Treasurer of notice that the assessment roll for Local Improvement'District No. 83 is `in her hands for collection. The bonds; shall be. redeemed by the, collection of special, assessments t.q be levied and assessed upon the property within said. District, payablein ten (101 equal annual installments, 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 Pas.co,. Washi:ngton., I_n the case 'of default ,in the payment of any ass'essment when the same shall become due, there shall be .added interest at. a rate to be hereafter fixed by ordinance not to exceed 8-.l-/2'% per annum, and, a penalty :of 6' -.!which 'shal'l also be collected. The exact form, amount, ate, interest :nate and denomination of said warrants and bonds shall be hereafter fixed by ordinance of the City Council. Said warrants and bonds shall be. sold "n, such :manneras the City Council shall hereafter determine. Section G. All the,work necessary to be done in connection with the mak-ng 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 author_i,zed pursuant to this ordinance; shall inc"lude a.statement that Payment for said work. will be made in :cash warrants drawn -upon. the 8e3 '!-Lo.dal I'mprovement.Fund, District No.' - I � l Section. 7: There is hereby created. and established ,in the of ice of the: City Treasurer of the City of Pasco for Lo-oal Improvement District No. 83 a special fund to be known and designated as "Local Improvement Fund, District No,. 83 ," into which fund shall be deposted the,pr.o.ceeds from the sale of revenue. warrants drawn against saidfund which may be issued and sold by the City, urban arterial trust funds anticipated.to be received from the State of Washington, and collections pertaining to as;se,ssments, 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 conne'c'tion with said improvement, 'and against which fund casYi warrants shall be issued, in payment for all other items o,f 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 me.ti-ng thereof',. this 4th day of 'May, 1971: ATTEST: Director• ,ot Fi and officio C-1 v Clerk ' / b APPROVED AS TO;FORM:, CWj Attorney May 18, 1971 Roberts; Shefelman, Lawrence, Gay & Mock 1818 I.B.M. Buildino Seattle, Washington Attn: James Gay Re: L.I.D. No. 83 Dear Mr. Gay: Attached is certified copy -of Ordinance No. 1476, minutes of May 4, 1971_ council meeting and an Affidavit of Publication for completion of your file on the above captioned L.I.D. Thank you for your cooperation in this matter. Sincerely yours, CITY OF PASCO Harry D. Kinzer Director of Finance. HDK:ew Enc': (3) cc to: M.B. Winegar, City Manager.