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HomeMy WebLinkAbout1711 Ordinance,C,ITY OF; PASCO, WASHINGTON ORDINANCE 90. 1711 AN ORDINANCE ordering the improvement of Road 28 from Sylvester Street to West Lewis Street within the City of Pasco, Washington, to arterial .standards by grading:, constructing and installing storm drains.,, curbs., g,utters,. base course, asphalt concrete. surfacing,, tr-af;f'ic control devices and all incidental work, all.in accordance with Resolution No. 987 of the City Council; establishing Local Improvement District No. 9,2 ; providing the method of assessment in the District; providing that payment for the improvement be made in part by special assessments upon the property in the District, payable by the, mode of "payment by bond's"; and providing for the issuance and sale o -f, local improvement district warrant's redeemable in cash and local improvement district bonds WHEREAS, by Resolution No. 987, adopted April. 15, 1,975, the City.Council declared its intention to order- the improvement of Road. 28 from Sylvester Street to West -Lewis Street within the City of Pasco, Washington, to arterial standards by grading,,. .constructing and ,Inst°alling storm, drains, curbs,. gutters., base course, asphalt concrete ;surfacing, traffic control devices and all incidental work, and fixed May 6, 1975, at 800 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 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 t.o the Clty Council, together with all papers and information in hispgssession touching the proposed improvement, .a des.crp'tion of the boundaries of the.D.'istr`ct, 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;p'roperty in the proposed District;, and a. statement of'the 'aggre:gate actual j ,C,ITY OF; PASCO, WASHINGTON ORDINANCE 90. 1711 AN ORDINANCE ordering the improvement of Road 28 from Sylvester Street to West Lewis Street within the City of Pasco, Washington, to arterial .standards by grading:, constructing and installing storm drains.,, curbs., g,utters,. base course, asphalt concrete. surfacing,, tr-af;f'ic control devices and all incidental work, all.in accordance with Resolution No. 987 of the City Council; establishing Local Improvement District No. 9,2 ; providing the method of assessment in the District; providing that payment for the improvement be made in part by special assessments upon the property in the District, payable by the, mode of "payment by bond's"; and providing for the issuance and sale o -f, local improvement district warrant's redeemable in cash and local improvement district bonds WHEREAS, by Resolution No. 987, adopted April. 15, 1,975, the City.Council declared its intention to order- the improvement of Road. 28 from Sylvester Street to West -Lewis Street within the City of Pasco, Washington, to arterial standards by grading,,. .constructing and ,Inst°alling storm, drains, curbs,. gutters., base course, asphalt concrete ;surfacing, traffic control devices and all incidental work, and fixed May 6, 1975, at 800 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 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 t.o the Clty Council, together with all papers and information in hispgssession touching the proposed improvement, .a des.crp'tion of the boundaries of the.D.'istr`ct, 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;p'roperty in the proposed District;, and a. statement of'the 'aggre:gate actual n r - valuation of the real estate,'including 25% of. the actual valuation_ of the improvements in 'the proposed District, according to the. valuation last.pl'aced 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 the m'an'ner 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 Gity 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 PA'S.CO, 'WASHINGTON, DO ORDA'IN., as follows, Section, 1. The City Council.of the "City of Pasco, Washington, hereby orders the improvement of Road 28 from Sylvester Street to West Lewis Street within the City to arterial standards by grading, constructing and 'installing storm drains, curbs, gutters, base course, asphalt concrete surfacing, traffic control devices and all .incidental work;. All of the foregoing shall ',be in accordance with the, plans and spec`f,i:cations 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.. -2 Section 2,. There .is hereby created and established a local improvement district to be called Local Impr-ovement,Dist-rict. No. 92 of the City of Pasco,, Washington., which district' is described. ds follows: :That por,tion,of Section 25, Township 9 North, Range 30 ,Ea=st W.M.., described as follows-. Beg.,inning :at the point. o,f, intersection, ,of. the- west hewest- right-of-way .line, 'of :Road 2'8 .and the: south right-of=way line of Sylvester Street;; thence westerly along the south ri ht-o.f-wa y l:i-ne of� Sylvester Street to a .point, said point being 12'0 feet from the west right-of-way :line or 'line extended of Road 28 when measured perpendicularly thereto; thence southerly along a line., parallel to and when measured perpendicularly thereto 120 feet from the west right-of-way line or line or extended of Road 28, to the no, 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 120 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 the improvement °is hereby declared to be $'8'0', 000:.00. Not to exceed $15,000:00 of such estimatedcost and expenseshall be.borne by and assessed against the :property specially benefited, by such ,improvement included' .n the local improvementdistrict 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 the Arterial Street Funds. 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 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 -3- "Local Improvement'Fund,, District No. 9.2 ," 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 scash., and/or by local improvement district bonds_, herein authorized to be issued, such interest-bearing warrants to be hereafter reterred 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 o..r before twelve years from the date of 'issuance, the life of `the improvement or.dered.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 t . e assessment roll for ',Local, Improvement-, ;District No;. 9'2 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 ata 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 determi-ne. Section 6. All the work necessary to be done in connection with the making of such.mprovement 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. -4- 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. 92 ell Section 7. There is hereby created ,and established' in the, office of the City Treasurer of t=he City of Pasco for Local Improvement District No. 92 a special fund to. be known and designated as "'Local Improvement Fund, District No.. 92 ," into which fund shal:1 be depoasited the proceeds 'from the sale of revenue warrants drawn against the ;fund which may be issued and sold by the City, Arterial Street Funds allocated to said improvement,, and collections pertaining to a'ssessment�s, '.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 warrantsshall be issued.in payment for all other items°,of ekpense 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 6th. d,ay of May; 1.975. ATTEST D rector of E_inance and _ex officio Ci'ty Clerk _ o APPROVED AS TO -PORK: City Attorney -5- Mayor