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HomeMy WebLinkAbout1707 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 1707 AN ORDINANCE ORDERING THE CONSTRUCTION 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 OF PASCO, WASHINGTON, TO A STANDARD DESIGN OF A SANITARY SEWER BY FURNISHING ALL EQUIPMENT, MATERIAL, LABOR, AND ALL INCIDENTAL WORK, ALL IN ACCORDANCE WITH RESOLUTION NO. 9769OFTTHE CITY COUNCIL; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 88 ; PROVIDING THE METHOD OF A.SSESSCIENT IN THE DISTRICT; PROVIDING THAT PAYMENT FOR THE IMPROVEMENT BE MADE IPJ PART BY SPECIAL ASSESSMENTS UPON THE PROPERTY IN THE DISTRICT, 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 Resolution No. 976, adopted March 4, 1975, the City Council declared its intention to order the construction 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 of Pasco, Washington, to a standard design of a sanitary sewer by furnishing all equipment, material, labor and all incidental work, and fixed April 15, 1975, at 8:00 P.M. (PDT) in the Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all objections thereto and for de- termining 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 improve- ment and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed improvement, a description 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 improvement, 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 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 property which will be specially benefited 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 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 City Council has determined it to be in the best interests of the City that the improvement as hereinafter 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: Section 1. The City Council of the City of Pasco, Washington, hereby orders the construction 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 equipment, 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. ss of the City of Pasco, Washington, which district is described as follows: That portion of Section 28, 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.t ' o 32, inclusive; Block 11, Lots 1 to J6- i_ndu- sie. Section 3. The total estimated cost and expense of the improvement is hereby declared to be $25,000.00, of which it is estimated that not to exceed $20,00.0.00. of such estimated cost and expense shall be borne by and assessed against the property specially benefited by such improvement included in the local improvement district herein established embracing as 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 RCW 35.44.047, the City may use any method or combination of methods to compute assessments which may be deemed to fairly reflect 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. ss ," 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 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 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 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 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 such manner as the City Council shall hereafter determine. I Section 6. All the work necessary 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 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. 88 ." -4- 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. 88 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, 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 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 public meeting thereof, this 15th day of April, 1575. ATTES Director of Finance and ex- officio.City Clerk APPROVED AS.TO FORM: City Attorney -5- Mayor I, LEO E. OLNEY, Director of Finance and ex -officio City Clerk of the City of Pasco, Washington, hereby certify that the attached copy of Ordinance No.1707 is a true and correct copy of the original ordinance passed on the 15th day of April, 1975, as that ordinance appears on the Minute Book of the City. DATED this 15 day of April, 1975. LEO E. OLNEY, Diroctor of Finance and ex -officio City Clerk 13 POST OFFICE BOX 293 April 18, 1975 412 Glee Cta)tk PASCO, WASHINGTON 99361 TELEPHONE (509) 545-3402 SCAN 526-2435 . Roberts, Shefelman,-Lawrence, Gay & Moch 1818 I.B.M. Building Seattle, Washington Attn: James Gay . Dear Mr. Gay: Attached are certified copies of Ordinance Nos. 1705, 1706 and 1707, passed by the Pasco City Council on April 15, 1975. Also attached is a copy of the minutes of that meeting. These Ordinances pertain to Resolution of Intent Nos. 973, 974 and 976. We will mail the Affidavits of Publication as soon as they are received from the local newspaper. Thank you for your assistance in the preparation of the L.I.D. Ordinances. LEO:ew Sincerely yours, Leo E. Olney Director of Finance