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HomeMy WebLinkAbout1694 OrdinanceA CITY "OF .PASCO, WASHING'.TON ORDINANCE NO..''' 1694 . it AN ORDINANCE of the City Council of the City of Pasco, Washington,, ordering the improvement of certain properties within the ,Gity, by im proving the central business district of the City ;by improving', constructing and ,n`stalling illumination" signalizat.on and landscaping along Lewis Streetbetween 2nd Avenue and. 7th Avenue and, along 4th Avenue.between Columbia. Street and Bonneville Street, by acquiring, constructing and improving three public parking lots, a mini -park and a pedestrian corridor within the improvement area, and also the replace- ment of the overhead utility wires, and facilities with underground .wires and' facilities from. 2nd Avenue to 5th Avenue between Clark Street and Lewis Street and from 2nd Avenue. to 4th Avenue between ,Lewis Street and Columbia Street.,. all in. accordance ''with Resolution No. 96,1 of the City. Council.; establishing Local -Improvement District No... providing that payment for the improve- ment be made, in part by special assessments, upon the property in the D.istrict,i 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. WHEREAS, by :Reso iution No. 96:1, adopted November 6, 19.74,, the City Council declared its intention to,order the' improvement of the central business district of the City, by improving,, constructing and. nstalling.illumination, signalization and landscaping along Lewis Street between 2nd Avenue and '7th Avenue and 'along 4th Avenue between Columbia Street and Bonneville -Street by acquiring, con- struct -Ing and' improving three public parking, lots',, _a mini -park and a pedestrian corridor within the improvement area, and also the replacement of.the overhead utility wires and facilities with Underground, wires and facilities, from 2-nd Avenue to 5th Avenue between. Clark Street and Lewis Street and from 2nd Avenue to 4th Avenue between -Lewis Street and Columbia Street„ and fixed December 3, 1974, at 8:00 o"clock p.m. (PST') in the Pasco City -Hall, Pasco, U sh:ingt:on,,. as the time and place. for hearing all matters relating to the proposed improvement and all objections thereto and for dete-rmini-ng the method of payment for the. improvement and 4 y Q WHEREAS, URS/Hill, In,gma , Chase & Co.,, con ,ul;tin,g, engineers of the City., caused an estimate to be made of the: cost and expense of the 'proposed improvement and certified that estimate to the City Council, together with allpapers. and information in its possession touching the proposed improvement, a description of the bo:�undaries of the District, a statement, of what portion of the. cost 'and expense of the improvement sh;ould_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 251. of the actualvaluation of the improvements in the proposed'Dis,trict, 'according to the valuation last placed upon it.f.or the purpose of general taxation; and WHEREAS, that estimate is accompanied by a diagram of the proposed improvement <showing thereon the 'lots, tracts, parcels of land,, and, other property which will be speciallv'benef te'3 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 othefr property; and WHEREAS,, the notice of the above hearing was, given in the manner provided by law,, and the hearing was held by the City Council -on the date and at the time and location above mentioned, and the. City Council heard .;all objections presented; and WHEREAS', the City Council has determined it to be in the best interests, of the City, that the improvement as hereinafter describedbe carried out.and that a local improvement district be created in connection therewith; .NOW, THEREFORE, THE CITY COUNCIL OF'THE CITY OF P.ASCO, WASHINGTON, DO ORDAIN; as follows: Section ,l. The City Council of the City of Pasco,. Washington, hereby orders the improvement of certain properties -2- within the City by the construction and installation ofthe follow- ing described improvement: eThere shall be acquired, constructed and installed improvements consisting of illumination, signal ,za= tion, and landscaping along Lewis Street and 4'th Avenue, the acquisition, construction and improve- ment of three` parking lots,, one is .located on the N.E. corner of;. Columbia Street.. and. 4th Avenue,, and the. other- two are located on th'e ;North and _South sides of Clark:Street mid -block between 3rd Avenue and 4th,'Avenu',e., the construction ;p of a mini -ark generally located in the S,.,E. corner of'Lewis Street and 4th Avenue and a.pede'strian corridor connecting the parking lots with the minIi'-park.. Also, included will be the 'urrdergrounding of overhead wires from :2nd Avenue to 5th Avenue between Clark Street and Lewis Street and from .2-nd Avenue to 4th Avenue between Lewis•Street and Columbia. Street:. All of the fo.re,going shall be in accordance with the plans .and'2specifi•cations therefor prepared by URS,/Hill, Ingman., Chase & Co., consulting engineers to the City, andmay be modified by 'the City. Council as ,long as such °modification does not, .a°ffect the purpose of'the improvement:. In ordering the improvement by this section, the City,Council does not authorize any work thereon other than that which may be necessary and appropriate to satisfy the requirements of chapter 43•.,21C RCW,• at which time upon complying with that chapter the City Council, :shall determine: whether to proceed. :further with the improvement as described above. Section 2•. There iso hereby created and established a. local improvement district to,be called Local Improvement District No.. 84`— of the City of Pasco., Washlington;: which district is; described as follows: That portion of Section' 29 and 3`0 ,, Township 9 North, Range 30 East,. W.'M. described as follows: Beginning at the intersection of: the centerli-ne of North 7th Avenue with the centterline of West Clark Street; thence Northeasterly along the centerline of said West Clark Street to its intersection with the centerline of North .6th Avenue; thence northwesterly along said center- line to its intersection with the Southwesterly extension of the centerline of the :alley in Block 10,. of Gerry's Addition to,Pasco, according to plat thereof recorded in Volume B of, Plats, page -3 18, records of Franklin'County, Washirig'ton; thence Northeasterly along said centerline and its South- westerly and Northeasterly extensions, and the centerline of the alley in B17oek :11, ;said. Gerry' s Addition to Pasco, and its Southwesterly .exten'son to its intersection with the Southeasterly exten- sion :of the Southwesterly 'li-ne of Lot 14, Block 11; thence Northwesterly along said Southwesterly line and its Southeasterly and, Northwester--ly •exten- cions to its intersection with the centerline.0f, West Bonneville Street.; thence Northeasterly along said centerline to its intersection with the center= fine of North 3rd Avenue; thence Southeasterly along said centerline to, its intersection with the Southwesterly -,extension of the centerline of the, ,alley in Block 24:, o ' f Rasco, according,to' plat thereof recorded in Volume B of plats, page 32A, records of Franklin County,, Washington;; thence Northeasterly' along said centerline and its South- westerly extension -to its intersection with the centerline of North, 2nd Avenue; thence;S.outheasterly along said centerline and the cente'rlihe of South 2nd Avenue to its intersection with the centerline of West Columbia Street-,-; thence So,uthwester-ly along said centerline, to its intersection with the center- line of South 3rd Avenue; thence Southeasterly along said centerline to its Interse'cti,on with the North-, easterly extension of the Southeas'ter.ly line of° Block '19, said Gerry"s Addition to Pasco; thence. Southwesterlyalong said So.iutheasterly line'.and'` its: Northeasterly and Southwesterly extensions to its intersection with the centerline of South 4th -Avenue, thence Northwesterly along said cen'ter'line to its intersection with,West Columbia Street; thence Southwesterly along said centerline to its intersection with South 7th.Avenue; thence North- westerly along 'said centerline and the centerline of North 7th Avenue to;;its intersection with the centerline of: West. Clark Street and the Point of B'eg.inning.. Section 3, The total.estimated cost and expense of that improvement is hereby dee-lared to. be $1,716,140.0°0, of which it is estimated' that $309,00,0..0.0 shall be borne by and ,assessed :against the property specially benefited by the improvement to be included in a local. improvement district to be established embracing as near as may be all ,property specially benefited by the; improvement,.; The balance of the cost and expense of such improvement, shall be payable from other funds and sources available to the City therefor. Section 4. Local improvement. district warrants shall be issued in payment of the,cost and expense of the improvement herein .ordered to be assessed, such warrants to be payable out of the aC "Local Improvement Fund, District No.'84. ,'"'hereinafter created and referred to as the "Local Improvement Fund,'" and,. until the bonds or note or notes referred to in this section,are issued.and delivered to the 'purchaser thereof, to bear interest from the date thereof at, 'a rate, to be. hereafter If ix.ed ,by ordinance not to exceed 8% per annum and to be redeemed in cash, and/or by.local mprove- ment district bonds or note or notes, herein authorized to be issued,,, such interest-bearing warrants to be herea,fter referred to as "revenue warrants." The City is authorized to issue local, improvement, district bonds or note or notes for the'District which shall bear ;interRest at a rate to be hereafter fixed by ordinance,, shall be payable on or before, Tw,elve.. years from the date of issuance, the life o`f the improvement ordered being not less. than the term. of the bonds or note or notes 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 sixty 'days after the first publication `by the Director of Finance of notice that the assessment "roll for Local Improvement District No.. '84. is in his hand's, for collection.. The bonds shall be; redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in Ten equal annual installments, with interest at 'a rate to be hereafter fixed by ordinance under the mode of "payment by bonds.," as defined ,by law and.the ordinances of the City. 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 and 'a penalty of 6% which shall also be collected.. The exact form, amount, date-, interest rate and denominations of the revenue warrants and local improvement district bond's shall be :hereafter fixed by ordinance .of the City Council. The warrants and bonds shall be sol:d.in such manner as the City Council shall hereafter determine. -5- Section -5. There is hereby created and established in ' the office of t -he D:irector of Finance, of the City of Pasco, for the District, a special fund heretofore designated and referred to as, the Local Improvement ;Fund, District No. into which fund shall be deposited the proceeds from the sa`1,e of revenue warrants drawn against the fund which may be issued and sold by the. City, moneys contributed by the City, toward the cost ;&f the improvement, and collections pertaining to assessments, and against which fund shall be I.ssued,cash warrants to the contractor°or contractors in payment for the work to be done by them in connection with th.e improvement, and against which fund cash warrants shall be issued in payment of all 'other items of ,expen,,s,e in connection with the. improvement. Section, 6'. The off-street parking provided as :a part of the improvement is in accordance with the plan therefor adopted pursuant to RCW 35_.8,,6..05D by Ordinance No,. 1686 after a public hearing thereon held on December 3, 1974. PASSED by the City Council and APPROVED .by the Mayor of the City of Pasco, Washington, at a regular open public meeting thereof,, this 17th .day of December,, ,1974. a - Mayor' a ATTEST: City Clerk FORM APPROVED.: op��►�► / Attorney 6 CONTRACT This agrebMent,.amde and.entered into this day of 1M by and between the City of Pasco hereinafter called the owner and hereinafter called the contractor. WITNESSETH; That in consideration of the terms and conditions contained herein and attached and made a part of thi's agreement, the parties hereto covenant and agree.as follows: 1. The contractor shall do all work and furnish,all tools, materials, and equipment for the 1" 'overlay on.Sylvester, ""A", Oregon and loth, in accordance with and as described in the attached plans and specifications and the standard specif= i C'ati°ons; for Muni c-Ap l Pu_bl 1:`c Works Cons'tructi on,, which are by this reference incorporated herein and' made ai part hereof, and shall perform any al,terati,ons in or addi'ttons to the work ,provided under, this contract and every part thereof.. Work shall, start wi th' n ten (10') calendar days after, date of notice to pro- ceed is issued to the. Contractor and shall be, completed in twenty=five .(25 ) ,workiln'g, days., 'If said. work ;s not ;completed iw;i thin the time specified, the contractor agrees to pay the owner the SWm of $1:40.00 for each and every day said work remains uncomphe;ted after exp ration of the speci fi,ed time as liquidated damages . `The contractor shalli provide and.bear'the expense, of all equipment,,work a_nd. labor of any sort whatsoever that maybe required for the transfer of material and for construction and comp1'°eting the work provided for in this contract and every part therof, except such as, are mentioned in the speciff6ations to be furn tshed by the owner. 2. The owner- hereby promises and agrees w-i'th' the contractor to employ, and does employ the contractor to provide the materials and to do an cause to be done o the above described work and tcomplete and finish the same according to.the. attached plans and specifications and -the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications .and the schedule of unit or itemized prices° hereto attached, at the time and in the manner and upon the conditions provided for in this contract.. 3. The contractor for himself, and for hi'.s heirs, executors, administrators, sucess- ors, and assigns, does hereby agree to.the full performance of all thecovenants herein,contained upon the part of the contractor:. 4. It is further provided that no, 1 i abi l.i'ty s'hal'l attach to the City of Pasco by reason of entering into this contract, except as expressly provided herein. s.V OF January 6, 1975 Roberts, Shefelman, Lawrence, Gay & Moch 1818 IBM Building Seattle, Washington Attn: George Mack Re: Central Business District Improve. Pasco, Washington Dear Mr. Mack: Attached is an Affidavit of Publication for Ordinance No. 1694, ordering the improvement of certain properties in the City of Pasco for completion of your file. If I can be of further assistance, please do not hesitate to call on me. Sincerely yours, CITY OF PASCO Leo E. Olney Director of Finance LEO :ew Enc: (1) December 19, 1974 Roberts, Shefelman, Lawrence, Gay & Moch 1818 IBM Building Seattle, Washington Attn: George Mack Re: L.I.D. No. 84 Central Business District Pasco, Washington Dear Mr. Mack: Attached is a certified copy of Ordinance No. 1694, passed by the City Council at their regular meeting of December 17, 1974, and pertaining to Central Business District Improvement in Pasco. Also attached is a copy of the minutes of'that meeting for com- pletion of your files. If we can be of further assistance to you, please do not hesitate to call on us. Sincerely yours, Leo E. Olney Director of Finance LEO:ew Enc: (2) �1 I' \ (F' GREYHOUND BUSBILL co O ATION .STATION STATE CONSIGNEE N STREETADDRESS z :NO. OEPI ECES BGGE. CTN: OTHER: O CONTENTS N N w DIMENSIONAL WEIGHT INFORMATION �. U v c)'S +' SHIPPERNAM,Er ^ j G k1lo kS6-L i.. / &.:. 6,..411 0 H 0 : STREET ADDRESS ta d� .ter Ip ORIGIN CITY R'STATE SEATTLE, WASH � 1 . 4 FORWARDING AGENT. v �`o• •E Q a° mE 52.184132 b Z— E c c v o 0 PHONEMO. DAY YEAR TIME g a �v r .Y ❑ CHG..ACCT. E -- E3 DELIVERY ))) { A. M. 2s E e c DECD VALUE ACTUAL WT TARIFF WT / �! 4 LABEL I PREPAID DATE AMOUNT I FORb1�0-1ZR(5'•701 PRINTED�NLLSA0. PREPAI® NO. f 0 l' S*k•F LBS. LBS. EXPRESS CHARGES E ,,n•.. - ,E o a•°a > S. CONSIGNEE -NOTIFIED MO. DAY YEAR n•� -_,a M. P. 'M. CHARGES ADVANCED `$ O roti p.E PICKUP $ m RE - 60�1IN-GOOD ORDEReUNL1E5'S SPECIFIED MO. DAY YEARIti TIME' ni", M, CHARGES » r: I I I » M. DELIVERY CHARGES $ 'CU. IN. NAME IN VALUE, $ _ FULL CHARGES Q' F o O (9 a o C4MPANY TO - SUB „$ TOTAL Z . ,°, i g;m STATE g -Gt TAX - 4 LABEL I PREPAID DATE AMOUNT I FORb1�0-1ZR(5'•701 PRINTED�NLLSA0. PREPAI® NO. f _LAW OFFICES ROBERTS, SHEFELMAN, LAWRENCE, GAY & MOCH 1818 IBM BUILDING SEATTLE, WASHINGTON 98101 a 0 w