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Home My WebLink About1705 Ordinance1 9 CITY OF PASCO, WASHINGTON ORDINANCE NO. 1705 AN ORDINANCE ordering the improvement of Fifth Avenue and Arthur Avenue from Columbia Street to Court Street within the City of Pasco, Washington., to arterial standards by grading, constructing and installing storm 'drains, curbs, gutters, street lighting, necessary sidewalks, base rock, leveling course, asphalt concrete surfacing, and all incidental work, all in accordance with. Resolution No. 973 of the City Council; establishing Local Improvement District No. '86' providing the method of assessment in the District; providing that payment for the improvement be'made in part by,spec'ial assessments upon the property in the District, payable by the mode of "payment ay ! on'ds:-" ; and provi'din,g for the ,issuance and sale of local improvement district warrants: redeemable :redeemable in cash. and local improvement, .district bonds.. WI-EREAS., by Resolution No, 911, adopted March 4, 19_75, the City Council declared, its in=tention to order the .improvement of Fifth Avenue and Arthur Avenue—from.Columbia Street to Court Street within the City of Pasco, Washington, to arterial standards by grading, constructing and installing storm drains, curbs, gutters,, street lighting, necessary, s,idewalks., base rock, leveling course:, asphalt concrete surfacing, and all incidental work, and fixed April 15., 19.75, at 8:0.0. p.m, _ (P.DTj-in the Council Chambers of the City Hall as the gime and place .for hearing 'all matters relating to the proposed improvement and all objections thereto and for determining the method of: payment for the improvement; and WHEREAS, :James S`., Ajax, the City Engineer of the City of Pasco, 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 al;.1 papers and information in his poss;essi.on touching the -proposed improvement, a,'descr'iptio:n of the boundaries of the District, a st:atement.of what, portion of' the cost and. expense of the :improvement should be:borne.by the property within the proposed improvement, a statement 'in deta°i:l 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, 2518 of the actual valuation of the .`improvements in the proposed D"istrict,: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.property which will be specially benefited by the proposed improvement,, and the est:imated'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 4 the manner provided by law, and the hearing was'held by the City Council on the date. ,and at the time above mentioned, and. all written protests filed with the City Council :on or before�said date were duly considered and overruled and all persons appearing at said hearing were heard.;- and WHEREAS, the "C`ity Council has determined it to be in the best interests of the City that, the improvement, azs hereinafter described be carried,out and that a,local improvement district be created in connection,therewth; NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF PASC,—Gr WASHINGTON,,, 'DO ORDAIN, as follows: Section l: The City Council of the City of Pasco, Washington, hereby orders the cons.t:ruction and installation of a sanitary sewer main extension on East "A" Street from, Sycamore Avenue to Hugo Avenue,,. and: 'a sanitary, ,sewer. extension .on :Hugo, Avenue from East "A'-' Street to Alton Street within, the City to a standard design of a sanitary sewer by installing pipe and manholes, furnishing all equipmen=t, material, labor and all incidental work. All of the foregoing shall be in accordance with the; plans and specifications therefor prepared by the City Engineer, --2-_ and may be modified. by the City Council as long.as such modification does not affect the purpose of the improvement;. Section 2. There is, hereby created, and established a local improvement -district to be called Local Improvement District No. 88,_ of'the City of Pasco, Washington, which district is described as follows: That portion of Section 2.8, Township 9 North, Range 30 East described as follows: Kurtzman First Addition, Block 2, Lots 12 to 22, inclusive; Block 3, Lots 1 to 11, inclusive; Block 6, Lots 1 to 16, inclusive; Block 7, Lots 17 to 32, inclusive; Block 10, Lots 17 to 32, inclusive.; Block 11, 'Lots 1 to j-16, i ncl usi ve . , Section 3. The total.estimated cost and expense of the, improvement is hereby declared to be $25,0:00.00, of which it is estimated that not to exceed $20,000.0.00. of such estimated cost and expense shall be borne by and ass:es.sed against 'the property specially benefited,by such improvement ,included in.the -local improvement district herein e�s,tablished embracing a -s near as may be all property specially benefited by such improvement. The balance of the cost and expense of such.improvement shall be paid from other funds available to the City therefor.. Section 4,. In accordance with the provisions of RN 35.44.04.7, the City may use any method or combination of methods to compute assessments which may be deemed to fairly 'ref .lect the special ,benefits to. the 'properties :being assessed. Section 5. 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 "Local Improvement Fund, District No. 88 ," 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 and 'to be redeemed in cash, and/or,by local improvement district bonds, herein authorized -:3;- to be 'issued, such interest-bearing warr==ants to be hereafter referred to as "revenue warrants." The City is.authorized to issue local improvement district bonds for the District which shall bear- intere`st.at a rate to be hereafter 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 of -the bonds, 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 City Treasurer of notice that the assessment roll for Local Improvement District No. 88 is in his hands 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 a annual installments, with interest,at .a rate -to be hereafter. fixed 'by ordinance under themode 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 and a penalty ,of 6% which shall also be collected,. The exact form,. amount, date, interest rate and denominations of said warrants and bonds shall be hereafter fixed by ordinance of the City Council. Said,warrants and bonds shall be sold.in suc'h manner as the City Council shall hereafter determine. a Section.6.. ,All the work recess"ary`to'be done in connection with the.making of such improvement shall be done by and made by contract upon competitive bids and the City .s'hall 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. 88 -4- Section 7. There is hereby created and established in the, office of the City Treasurer of the City of Paco for Local Improvement'District No. 88, a special fund to be known and designated as '"Local, 'Improvement Fund, District 'No. 88 ," into Which fund shall be ,depo's.ited the proceeds from the s°a`le: of ,revenue wArr-AntS drawn against the fund which.'may be issued and .sold by the City, other moneys available to the City therefor and allocated to said improvement, and collections pertaining to assessments, 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 connection with the improvement, and.against.which fund cash warrants shall be issued in payment for all ot'h'e-r items of expense in connec<tion with the improvement. PASSED` by the City Council and APPROVED by the Mayor of the City of Pasco, Washington,, at a regular open public meeting thereof.,, this '15th day of April, 1975. Mayor ATTES Director :of Fi hahce and ex- officio .City Clerk APPROVED 'AS -,TO FORM: r��;C,/ - City Attorney PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open public meeting thereof, this 15th day of April, 19.75. ATTEST: Director a"f Finance and ex - officio City Clerk APPROVED AS TO FORM: City Attorney EM Mayor I, LEO E;- OLNEY-, Dlre'ctor of -Finance Viand ex-off`lcic, city Clerk of, the heCity, of, Pasco, Washrin-gton.; hereby certify that the, attached copy of Okdlhanze� No�,,,17,07, is a true -and correct copy of the, ',original ordinance; passed on the 15th, day of Apri' 1,,, `19,75, as that ordinance ap'pe'ars on the, Mihfitb, Bobk of -the, City.;, DATED this 1,5 day ofApril, 1975.w LEO Z. OLNEXt Dirjedtor of' Timanpe and ex-mofficlQ: City Clerk' I a April 18, 1975 T OFFICE BOX 293 412 WeAt C.2anh PASC.O, WASHINGTON 99301 TELEPHONE (5'09) 545-3402 SCAN 5`26-2435 . R`obe,rt's',,, Shefelman, "Lawrence, Gay &. Moc'h 181.8 I.B.M. Building Seattl e, .Washington Attn: James Gay Dear Mr. Gays: Attached are certified copies of Ordinance Nos. 1705, 1706 and.1707 pass°ed by tKe 'Paseo City Council on April 15, 1975. Also attached is a copy of the minutes of that meeting . Th'ese. 'Ordinances pertain to :Resol'uti on of Intent Nos:. :9,71, 9741 a'nd 9,76. We wi'l`l mail the:, AfffJ day ts° of Rubl i"c&tio'n as ;soon as `they are; recOixed' from the local 'newspaper,. T7ha,n_k you for your assistance; in the preparation of; the L.:I.D. Ordinances. Sincerely yours, Leo E. Olney D;irec-,to.r of Finance L€O:,ew