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HomeMy WebLinkAbout1702 Ordinance-CI,TY OF PASCO, WASHINGTON ORDINANCE NO. 1702 AN ORDINANCE, or-de:r-;ing the improvement of Road 28 from Sylvester Street to Wel st Lewis Street within the City of Pasco, Washington, to arterial standardsby grading, constructing and, installing storm drains, cu=rbs, gutters, necessary sidewalks, base course, asphalt concrete surfacing,, traffic control devices and all_ ncid'e:ntal work, all in 'accordance with Resolution No. 9'71, of 'thel City Council; establishing Local. Iriprovement�District No. .85 I roviding the method of assessment in the District:; providing that payment for the improve- ment be made in part by special assessments upon. the property in the District,, payable by the mode .o:f; "Pa yment by bonds"; and providing for the issuance and sale of local improvement district warrants redeemable In cash, and local improvement district bonds. WHEREAS; by Resolution No. 971, adopted February 4, 1975.1 the 'City Council declared its intention to order the improvement of Road 28 'from Sylvester Street to West 'Lewis Street with -in .the City of Pasco, Washington, to arte rill standards by grading., constructing and -installing storm drains, curbs, gutte=rs, necessary :sidewalks, base course, asphalt cone>re.te surfacing, traffic control devices and, all incidental work, and fixed March 4, 1975, at 8:00 p.m. (PDT) in the Council Chambers of the City Hall as the time. and place for hearing all matters elating to the ;proposed improvement and all objections thereto and for determiriingthe method. of, payment for the improvementt,; and WHEREAS, James S. Ajax, the City Engineer of the City Of Pasco caused an esti-matel to be .made of the cost and expense of the propose -d improvement ,and certified that estimate, to the City Council, together with all papers and in'formati'on in his possession touching th'e_ proposed improvement., a des.cription of the boundaries of the District, a statement of what portion of the cost and.expense of the improvement should be borne by the property within the ;proposed District,, a ta:tement in detail of the local improvement assessments,outstandinq or unpaid against the property in the. proposed Distri;ct., 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, that estimate is accompanied by a diagram of the; proposed improvement showing thereon the lots,, tracts, parcels of land,, and, other prppe'rty which will be specially benefited by the proposed improvement, and th0 estimated amount of the. cost and expense 'thereof to be borne by each lot, tract, and parcel of land or other property; and WHEREAS, the notice of the above hearing was given in the manner provided bylaw, and the hearing was held by the City Council on the da=te and at the time above.menti.oned, and* at such hearing no written protests were received ,and' WHEREAS,, the City Council has determined it to be in the best interests of the. -City that the improvement as herein- after 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: 0 Section 1,. The City Council of the City of Pasco,, Washington,, hereby orders the improvement 'of .ZQad 2,1011from n Sylvester Street to West Lewis Street within the City to arteria=l standards by grading, constructing and installing storm drains, curbs, gutters, necessary sidewalks, base course,, asphalt concrete surfacing, traffic control devices and all incidental work'. -2- All, of the foregoing shall be in accordance with, the plans and specifications therefor ;prepared by the City Engineer,,. and may be modified by the City' Council gas, long as, such modf;- c'ation does not affect the purpose of, the improvement. Section 2. There is hereby created,and established.a local improvement d-istrict to be called Local Improvement District No. .85 of the City of Pasco, Washington, which district is described as follows`: That portion of Section 25, Township 9 North, Range 30 East W:.M , described as follows: Beginning at the point of intersection of, the west right-of-way line of Road 28 and the south right-of-way line of Sylvester Street; thence w'ester.ly ,along the south right-of=way line of Sylvester Street�to,a point, ;said point being 120 feet from the west right-of-way line or line ,ex- tended of Road 2,8 when measured perpendicularly thereto; thence southerly' along a, :line, parallel to and when measured perpendicularly thereto l2'0 feet from the west right-of-way line or line extended of. Road 28, to the north right-of-way line of West Lewis Street;; thence easterly along. the north right-of-way line or line extended of: West Lewis Street to a point, said point being 120 feet from the east right-of-way line extended of Road 28 when measured perpendicularly thereto; thence northerly along a line, parallel to and when measured perpendicularly thereto 12:0 feet from the east right-of-way line or line extended of Road 28, to the south right-of-way line of Sylvester Street; thence westerly along the south right-of-way line or line extended of Sylvester Street to: the point of beginning. Section,3. The total estimated cost and expense of that improvement is hereby declared to bre $8',0,000.00, of which it is estimated that $25,DQ0.00 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 available to the City therefor°. Section 4. 'In accordance with the provisions of RCW 35.44..047, the City may use any method or combination of methods -3- to compute assessments which may be deemed to fairly refl'e'ct the special benefits to the propertie's being assessed. Section 5. Local improvement district warrants shall be issued in payment of the cost and expense of the improvement herein orderedto be assessed', such warrants. to be payable out of the "Local Improvement Fund, District No. 85 ," hereinafter created. and referred to as the "Local Improvement.'Fund" and., until the bonds 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 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, such intere st- bearing warrants to 'be hereafter referred to as "revenue warrants." The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate to be here- after fixed by ordinance, shall be payable on. or before twelve .years from the date of issuance, the life of the improvement ordered being` not less than 'the term sof. the bonds, and shall, be is4s,ued, in exchange -for and in redemption of.any and all revenue warrants issued hereunder and not: ;redeemed in dash within a period of not to exceed sixty days after the first publication by the City Treasurer of notice that the; assessment roll. for Local Improvement District No. 85 is in her hands for collection. The bonds shall be redeemed by the collection of specialassessments to'be -levied. and assessed against the property within the District, payable in ten equal annual installments, with interest at -a rate, to be herealfter 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,, Washington.. 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, MEO interest rate and denomination 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 he done in cohnec tion, .with the making of such. improvement. !shall `be done by and made by contract upon comp.etit've bids and the City shall have and reserves the right to reject any and all bids. The call for bids for work authorized pursuant to this ordinance shall include a statement that payment for such work will be made in cash warrants drawn upon the "Local, Improvement Fund., District No.. .85 ." 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. 85 a special fund to be known and designated as "''Local `Improvement Fund, ;District No. 88' :into which fund shall be deposited the proceeds from the sale of revenue warrants drawn against the fund which may be issued and sold by the City, urban arterial trust.funds anticipated to be received from the. State of Washington, and colle`c.tion`s pertaining to_ assessments, and against which fund shall .be issued cash warrants to the contractor or contractor=s� in°payment for the work to be done by them in connect€io`n`with the improvement, and against which fund cash warrants shall be issued. in payment for all other items of'expense:in connection with'the improvement. PASSED�by the City Council and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open:meetin.g thereof,, this 4th day of March, 1975. M.-F.—Tenney, Mayor Prd Tem ATT ,Director of Finance and e -x unc7,lman affficio 'City G"lerk VED AS, TO F C i Ey-, Attorn;ey Off^ Pyka Sm"? C 0 -,- POST OFFICE BOX 293, � PAS:C�O, WASHI'NGTO'N 9930P March 7, 1975 Roberts, Shefelman, Lawrence, Gay & Moch 181.8'I.B.M. Building Seattle, Washington Re: Ordinance No. 1702. Improvement of Road 28' .No,. 8�5' Gen tl emen: Attached is,certified copy of Ordinance No. 1.702„ ordering the improvement of Road'. 2;8, plus a copy of the minutes showing passage of ordinance No. 1702. As soon. as we receive an Affidavit of Publication from the Tri City Herald., we will forward it immedatel.,y. Thank you for your cooperation in this matter-. Sincerely yours, CITY OF PASCO Leo E:: Olney Director of Finance LEOaew cc's to: James Ajax, City Engineer, File