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HomeMy WebLinkAbout1708 OrdinanceJ CITY OF PASCO., WASHINGTON:' ORDINANCE+ NO,. 17'q8 AN ORDINANCE ordering the improvement of Wehe Avenue from East Lewis Street to Broadway Street; Beech Avenue .from East Lewis Street to Broadway Street, Alvina Street from Wehe Avenue to Owen Avenue, George Street from Wehe Avenue to Owen Avenue,, Adelia Street from Wehe Avenue to Owen Avenue, 'Broadway Street from Wehe Avenue to Owen Avenue, within the City of Pasco, Washington,. to residential street standards by -grading, constructing and installing storm drains,, curbs, gutters, necessary sidewalks, crushed base rock, crushed leveling course, asphalt concrete surfacing and all incidental work, all in accordance with Resolution No.. 975 of the City Council.; establishing Local Improvement Distr:ict.No. 89 providing the method of assessment in the—UT—strict; providing that payment fo"r the improvement be made by special assessments; upon the property in the Diytrict, 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. 975, adopted March 4..,..19.75, the City Council declared, its intent'on tol order the improvement of Wehe Avenue from East Lewis Street'to Broadway Street, Beech Avenue :Froin East Lewis Street to 'Broadway Street, AlVi. Street from Wehe Avenue to Owen Avenue, George Street from Wehe Avenue to Owen Avenue, Adelia Street from W.ehe Avenue to Owen Avenue, Broadway Street ,from Wehe Avenue to Owen Avenue; within the City of Pasco, Washington, to residential street standards by grading, constructing and nstalling-storm drains, curbs, gutters, necessary sidewalks, crushed base:"rock, crushed leveling course, asphalt concrete surfacing and ,all, incidental work, and fixed May 6, 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, ald objf.eections thereto and for d'ete'rmining the method of payment for the improvement;;, :and, WHEREAS, James S,., Ajax,, the City Engineer of the4 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 tl:J ,counci],,j together w1t-h All, papero andiniformation in, htis possession. -touching the, proposed improvement,, ,a .&escrii?tion of the bouzydl&rYies of the Distridt,,,-, a statement of, 44.hat, Port -ion Of the cost and expense of; the, improvement zh6u16 be botn& by -the p±opeft�y, within the propo.sed improvement, a, is),tatement, in deta-11.1 of thelocal improvement ass,bs'smOftts outEftAndihcj or r unpaid agains't the property In, the proposed District,,, and A statement, 'ol--'&he, aqffr-egate actual, valuation- Of the real iestate,, including 2,5%: of the actual. valuation of' the, Improvements in the, prbgosea District, according to the valuation last placed upon, it 'tbe,,'pur.pose. ckfz general- taxation,; 'and, WHEREAS,, that estlimaCt-6, is accompanied by 'a �diaqfa:nu of the prqpased improvement showing thereon the lots,,, tract,,s,,,, parcels of' land, and other ptopetty which will be speciAlly benefi'jted 'by the proposed, improvement,, and. the estimatoa, amount of, the, cost, and expense thereof to be bogne° by each lot- tract, and, parcel of, land Or other property,; and VHEREAS, the notice, of, the above hearing, was q±ven in the manner ' prQVIIidp(q )5y, '.law, and. the hearing was held by the bity Council 'on, the date and at the time above mentioned,, and. .all written proteEr-ts, filed with the City Council-, On or befb±-:e, tsaid date were: duly cons,idered and 'overruled' and all pe'rsons appearing at. said Mack1hj 'we -re, 'heard,;, aria WH,t'AE'A*&.r :the, 'C'ity. Qbunoi-1 has determinedit to be in, the: best interests of the City, that thet as hereinafter, imprpvemqn_ described 'be carried -but and thatt, a local improvement district, b& created, in, connection t'herewlith;,; ;NOW, T-IjE^BEFOREI THE' CITY COUNCIL OF THE: CITY OF PASCO, WASHINGTON, Do,' okbAzff, a,s followsi Section.� the, City 0 Pasco, T�hel City 'Council of -the, City f Washington,,, hereby order$, the, of North Wehe Avenue from Lewis ,;,treet to f3toadway 9treet,, Ndrth. Beech A-vianue from Lewis Street ,t 'North O.Wen Avenue from: Lewis, Street to Broadway ,Q Parkview S,`treqt_,,,, Street,,, Alvina Street fr.,om North.Wehe Avenue to North Owen Avenue-, George Street from North Wehe Avenue to North Owen Avenue, Adelia Street from North Wehe Avenue to North Owen Avenue, Broadway Street :from,North'W,ehe Avenue to North Owen Avenue within the e City to, residential street standards by grading., constructing and installing storm drains;, ciirbs, gutters,, necessary sidewalks.,. crushed base rock, crushed leveling course, asphalt concrete surfacing and all incidental work. A11 of the foregoing shall be in accordance with the plans and spec°ificatibn's therefor prepared by the City Engineer, 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. 89 of the City of Pasco, Washington, which district. is described as 'follows: That portion.,of Section 29, Township 9North, Range: 3,0 East described as follows A M. Wehe's Whitehouse Addition, Block 4, Lots 13' to 24, inclusive; Block 5, Lots 13 to 2141 inclusive; Block 6, Lots 13 to 24, inclusive. Highland Park ;Homes First Addition,; Block.3, Lots 1.0, to 18, inclusive; Block 41,, Lots 11 to 20, inclusive,. Also Also that portion described as Section 28, Township S North, Range 30 East described as follows: g Plat of Highland Park.Homes., Block 30, Lots 1 to 11, inclusive; Block 31, Lots 8, to 1.8, inclusive.; Block 32, Lots 1 to 20, inclusive; Block 29, Lots 1 to 2+0,inclusive;. Block 28, Lots 1 to 10, inclusive. A. M. Wehe's First Addition., Block 1, Lots 1 to .2.8,. inclusive Block 2, Lots 1 to 28, inclusive; Block 3, Lots l to 28, inclusive; Block 4, Lots, 1 to 2'8,. inclusive;, Block 5, Lots 1 to 28, inclusive; Block 6, Lots l to 28, inclusive; Block 7, Lots 1 to '14, inclusive-; Block 8., Lots ] to 14, inclusive; Block 9, Lots 1. to 14, in'Glusive. Sect -ion 3,. The total estimated cost and, expense. of the improvement is hereby declared to be $325,00.0..00. The total cost 0_3- and expense shall be.borne by and assessed -against the property speciallybenefited by such improvement included in the local improvement district herein established embracing as near as may be all property specially benefited by ,such improvement. Section 4. In accordance with the provisions of RCW 35.44.04:7, 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 'asse`ssed. Section 5. Local improvement district warrants shall be issued' in payment of the cost and. expense'of the improvement herein ordered. to be as-sessed., such.warrants to be payable out of the "Local ]Improvement Fund, District No.' '89 ," hereinafter created and referred tows 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 autnorized 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 twely& years from the ,date .of 1_Ssuance,, the .life of the improvement ordered being not less than the term of the bonds, and shall -be, issued in exchange for and yin 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.frst publication by the City 'Treasurer of notice that the assessment roll for Local Improvement District No. 89 is in his hands for collection. The bondsshall 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 fixe: by ordinance under the mode of: "payment by, bonds,'" as -4- 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 du'e,,there shall be -added interest at a rate to be hereafter fixed by ordinance and a,peva-lt. 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 Councii. Said warrants and bonds shall .be sold in such manner as the City Council shall hereafter determine. Section 6. A-11 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 "Loral Improvement. Fund, District No.' - 89 ' . " 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,.' 89 a special fund to be known and designated as "Local Improvement Fund, District No."89 ," 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 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. -5- PASSED by the City Council and.APPROVEDby the Mayor o.f the City Of, Pasco, Washingtoni, at a regiil,dx open public meeting thereof, this 6'th day of May, 19.715. 'Directorof Finance and ex - officio:City Clerk APPROVED AS TO FORM: C-i-ty, Attorney, - 6'_ ....................... Mayor CITY OF PASCO, WASHINGTON ORDINANCE NO. 1709 0 AN ORDINANCE ordering the improvement of Norbart Avenue from Sylvester Street to Nixon Street, Nixon Street from Norbart Avenue to F�i.fth.Avenue, Park Street from Arthur Avenue to Fourth Avenue,.Margaret Street from Arthur Avenue to Fourth Avenue, Octave Street,from,Arthur Avenue to Fourth Avenue,xMa Stac�ctxxxg�C?4�cxtxxl�t within. the City of Pasco, Washington, to residential street standards by grading, constructi=ng and installing storm drains, curbs, gutters, and neceslsary sidewalks, crished.base rock,., crushed leveling course; asphalt concrete surfacing 'and all incidental work, all in accordance with Resolution'No. 985 of the City Council; establishing Local Improvement District No. 90' providing the method of assessment in.the District; providing that payment for the improvement be made by special assessments upon the property in the District, payable by the mode of "'payment by bonds"; and pr-oviding,for the issuance and sale of -local improvement district warrants redeemable in cash and local improvement district bonds. WHEREAS, by Resolution No. 98.5; adopted April 15, 1975, the City Council declared its intention to order= the improvement.of Norbart Avenue from Sylvester Street to Nixon Street, Nixon 'Street from Norbart Avenue. to`F.if'th,Avenue, Park Street from Arthur Avenue to Fourth.Avenue,,. Margaret Street from Arthur Avenue to Fourth Avenue, Octave Street from Arthur Avenue to Fourth Avenue, xitexBtma&Xxxtxmxix 1rxx�xxccxts�xxtcx�iax��; within the City, to residential street standards by grading, constructing and. installing storm drains, curbs, gutters, and necessary sidewalks,. crushed base rock, crushed ,leveling course, asphalt concrete surfacing ,and all incidental work, and fixed May 60 1975, at 8:00 p.m.. (PDT), -in the:Council Chambers. of the City Hall as the time and place for hearing- all mattersrelating 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 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 sta>tement 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 taxati.on;. and WHEREAS, that 'estimate is accompanied by a diagram of the proposed improvement,showing ther.eon,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 the manner provided by law,. and the -hearing was herd 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 appearirng 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, THEREF.ORE'.,, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN, as follows:: Section 1. The. `City Council of thei City of Pasco, Washington, hereby orders the improvement of Norbart Avenue from; .Sylvester Street to Nixon Street; :Nixon Street from Norbart.Avenue to Fifth Avenuo:,Rark Street 'from Arthur Avenue to Fourth Avenue,, Margaret, Street from Arthur- Avenue to,, Fourth Avenue, Octave Street from Arthur Avenue to Fourth Avenue.,, xcx�srrtax£xcazxpxpec cx�t�ixx��4,xc$o�cxex�xX •to residential street standards -2- '.by grading, constructing and installing storm drains, curbs, gu-tters,,, and. necessary sidewalks, crusheda base; ,rock;,, crushed leveling course, asphalt concrete 'surfacing and all incidental work. 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 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. 90 of the City of .Pasco, Washington., which,,distr.ict .is described as follows: That portion of Section 30, Township 9 North, Range 30 East W. -M., described as follows: Park Addition; Block 1;;; Block" 2, Lots 1 to 8, .inclusive, and Lots 25 to 32, inclusive.: That portion of Section 2.9; Township 9 North, Range 30 East W.M., described as follows': Gerry''s Addition: Block 3. Sylve:ster'Park Addition: Block 4; Block 5., Lots I to 30, inclusive; Block 6;,B,l;o'ck 7, Lots''I to 5,, inclusive, and. '21 to 30, inclusive'; Block 8, Lots 6 to 2p : inclusive. s���sc xA���cacxxx�x�xx�txfwxx��c���cx Sylvester Addition: Block 6,, Lots 1 to 16, inclusive. 'Together with all vacated ;streets and alleys Attached to the above. Section 3. The total estimated cost and expense of the improvement is hereby declared to be $125,000.00. The total cost and expense shall be borne, by and assessed against the property specially benef:ited;by such improvement included in the local improvement district herein established embracing as near as may be all property specially benefited by such improvement.. Section 4.. I'n 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 bene -fits to the properties being assessed. -3- Section5. Local improvement district warrants shall be issued in payment of the cost and expense of the improvementherein ordered to,be assessed, such warrants to be payable out of the "Local Improvement Fund, District No. '90 ," hereinafter created and re'f erred, 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 herea-ter fixed by ordinance and to be redeemed in cash, and/or by local improvement district bonds, -.herein authorized to be issued, such interest-bearing warrant`s�'o'be hereafter referred.to as "revenue v 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 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 fir=st. publication by the ,City Treasurer of, notice that the assessment ;roll for Local Impr=ovement District. No.,. `9.0 i,s 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.Distr-.ic-t, payable in ten equal.annual installments, with interest at a rate to be hereafter fixed by ordinance under, the mode o.f "payment by bonds," as defined by law and the ordinances of the City of Pasco, Washington. In. the 'case of default in the p=ayment Of any assessment.when the same sha=ll 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 ordinanceo.f the City Council- Said warrants and bonds shall be Gold in such ,manner a,s the City- Council shall hereafter determine;,.. -4- 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. 90 Section 7. There is hereby created and established in the office of the City Treasurerof the City of Pasco ,for Local Improvement District No. 90 a special fund to be known and designated,as "Local Improvement Fund., District No. 9,0 , into which fund shall1 be deposited the proceeds from the sale of revenue warrants drawn agains `the fund which may issued and sold by the City 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 by the City' Council and APPROVED by the, Mayor of the City of Pasco, Washington,, 'at_:a regular open public meeting thereof,this 6th day- of May, 1975i., ATTEST,:, Director of Finance officio City Clerk` APPROVED~ A5� fi0 :FORM:: City Attorney ("O"Donn Mayor -5- 7 May 0 1975 Roberts, 5hefeimano Lawrence, Gay A Noch 1818 I.B.N. Building Seattle, Was4ington Attn James Gay. Re: Proposed Street Improvements Pasco, Washington Dear Mr. Cay: Attached are cartified copies of Ordinances pertaining to proposed street Improvements in the City of Pasco, passed by the Pasco City Council at t;:eir regular meeting of May 6. 1975. Also attached is a. copy of the minutes shoring passage. We will forward Affidavits of Publication as soon as they are receivers from the Tri City Herald. Thank you for your assistance in the preparation of our Ordinances. Sincerely yours, Leo E. Olney Director of Finance LEO:ew Encs.