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'.
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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
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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,
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