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
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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
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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.