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HomeMy WebLinkAbout1788 OrdinanceCITY OF PASCO, WASHINGTON 1788 ORDINANCE NO. AN ORDINANCE ordering the construction and installation of a twelve (12) inch and sixteen (16) inch water main extension together with appurtenances from the existing sixteen (16) inch main in James Street to connect with the existing twelve (12) inch main East of Old Oregon Avenue via Frontier Loop, Commercial Avenue, and Hillsboro Street, Sections 17 and 20, Township 9 N., Range,30 East W.M., all within the City of Pasco,.said extension to be constructed to City standards by furnishing all equipment, materials, labor and incidentals to accomplish a completed project, all in accordance with Resolution No. 10.32 of the City Council; establishing Local Improvement District No. 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 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. 1032 adopted April 6, 1976, the City Council declared its intention to order the construction and installation of a twelve C12), inch and sixteen (16)_ inch water main extension together with appurtenances from the existing sixteen (16) inch main in James Street to connect with the existing twelve (12) inch main East of Old Oregon Avenue via Frontier Loop, Commercial Avenue,.and Hillsboro Street,.Sections 17 and 20, Township 9 N., Range 30 East W.M., all within the City of Pasco,,said extension to be constructed to City standards by furnishing all equipment, materials, labor and incidentals to accomplish a completed project,.and fixed May 11, 19.76, at 8:00 ,o'clock p.m. CPDT)_ in the Council Chambers in 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 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 improvment 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 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 water line construction consisting of furnishing and installing pipe and doing all incidental work to complete the installation of water line and appurtenances in the City of Pasco, Washington, to -wit: -2 ir From the end of the existing sixteen (16) inch main in James Street to connect with the existing twelve (12) inch main East of Old Oregon Avenue via Frontier Loop, Commercial Avenue, and Hillsboro Street, Sections 17 and 20, Township 9 N., Range 30 East W.M. 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. S'ect'ion 2. There is hereby created and established a local improvement district to be called Local Improvement District No. 95 of the City of Pasco, Washington, which District is described as follows: That portion of Sections 17 and 20, Township 9 North, Range 30 East,' W.M., Franklin County, Washington, described as follows: Beginning at the southeast corner of the northeast quarter of said Section 20; thence west along the south line of said northeast quarter, 86 feet; thence north parallel with the east line of said northeast quarter of Section 20,,340.feet to'the true'point of beginning; thence continuing north parallel with the east line of said northeast quarter across SR -12 right of way to a point -of curve, the radial center of which.is an intersection of the northeasterly margin of Commercial Avenue projected southeasterly and a line 386 -feet westerly of, as measured at right angles to the east line of said northeast quarter; thence along the curve to the left with a radius of 300, feet to a point of tangency with a line 300 feet northeasterly of,.as measured at right angles"to the northeasterly margin of Commercial Avenue; thence northwesterly parallel with Commercial Avenue, to a point of curve to the left,.the radial center of which is an intersection of the northeasterly margin of Commercial Avenue and the north.margin of Millsboro Street,'the north margin of'Hillsboro being also the east -west center of section line of said Section 17; thence along a curve to the left to a point of - tangency with a line 30:0 feet north of,''.as.measured at'right angles to the east -west center of section line; thence west parallel with said east -west center of section line to an intersection with the east margin of Grafton'Str.eet in McLeod's_First Addition; thence north along said east margin 40 feet; thence west along a line 340 feet north of, as -measured at right angles to the east -west center of section line, to the west line of Block 5 of McLeod' -s First Addition; thence south along said west line of Block 5, 40 feet to an intersection with a line 300'feet'north of, as measured at right angles to the east-west'center of section line; thence west parallel with the east -west center of section line to a point of curve; the radial center of which is a point 1242.08 feet east of the northwest corner of the southwest quarter of said -3- Section 17 and on said north line; thereof; thence along a curve to the left with a radius of 300 feet to a point of tangency with a line 300 feet westerly of, as measured at right angles to the easterly line of the following described Tracts "2" and "5": Tract "2" That portion of the southwest quarter of Section 17, Township 9 North, Range 30 East, W.M., Franklin County, Washington, described as follows: Commencing at west quarter corner of said Section 17; thence S 89° 20' 24"E along centerline of said section; also being north right of way line of Hillsboro Street a distance of 361.83 feet; thence S 180 44' 39." E, 1711.63 feet; thence N 71° 15' 21" E, 360 feet to point of beginning; thence N 18° 44' 39" W, 750 feet; thence 11 840 42' 41" E, 408.20 feet; thence S 13° 17' 10" E, 689.91 feet; Thence S 769 42' 50" W, 332.89 feet to true point of beginning. - Tract "5" That portion of the southwest quarter of Section 17,.Township 9 North, Range 30 East, W.M., Franklin County, Washington, described as follows: Commencing at the west quarter corner of said Section 17; thence S 89° 20' 24" E along centerline of said section, also being north right of way of Hillsboro Street,.743.51 feet; thence S 181 44' 39" E, 84.82 feet to the true point of beginning; said point being on south right of way line of said street; thence continuing S 189 44' 39".E,.750 feet; thence N 840 42' .41" E,,408.20 feet;'thence N 131 17' 10" W, 685.3 feet to a point on the south right of way line of said Hillsboro Street; thence N 89° 20' 24" W along said south right of way line,.490 feet to true point of beginning. Thence southwesterly parallel with said easterly line of Tract 2 and 5 to an intersection of a line 300 .feet northerly of, .as measured at right angles to the southerly line of said Tract 2; thence westerly parallel with the south line of said Tract,2, to an intersection with a line 300 feet northerly of, as. measured at right angles to the south line of Tract ##1 described as follows: Tract "1" That portion of the southwest quarter of Section 17, Township 9 North, Range 30.East, W.M., Franklin County, Washington,,describ.ed as, follows: Commencing at the west quarter corner of said Section 17; thence S 891 201. 24" E along centerline of said section, also being the north right of way line of Hillsboro Street a distance of 361.83 feet; thence S 181 44' 39" E, 84.82 feet to true point of beginning; said point being on south right of way line of said street; thence continuing .S 18° 44' 39" E,.1626.81 feet; thence N 711' 15' 21" E, 360 feet; thence N 18° 44' 39" W, 1500feet�to a point on said south right of way line; thence N 89° 20" 24" W along said south right of way line,.381.68 feet to -true point of beginning. -4- u Thence westerly along said line, 420 feet; thence southeasterly along a line 420 feet westerly of, as measured at right angles to the easterly line of the afore described Tract 1, a distance of 680 feet; thence northeasterly parallel with the southerly line of said Tract 1 to a intersection with a line 380 feet southerly of, as measured at right angles to the southerly line of said Tract 2; thence easterly along said line to a point of curve to the left with.a radius of 300 feet, the radial center of which is an intersection of the easterly line of said Tract 2 projected southerly and a line 80 feet southerly,.as measured at right angles to the southerly line of said Tract 2; thence along said curve to a point of tangency with a line 300 feet easterly of, as measured at right angles to the easterly line of said Tract 2; thence northerly along said line to an inter- section with a line which is 380.feet southerly of, as measured at right angles to the north line of the southwest quarter of'said Section 17; thence easterly parallel to the north line of said southwest quarter to an intersection with a line 300, feet westerly of, as measured at right angles to the westerly margin of Commercial Avenue; thence southeasterly parallel with Commercial Avenue to an intersection with a line which is 686.feet westerly of, ,as measured at right angles to the east line of the northeast quarter of said Section 20; thence southerly parallel with said east line to an intersection with the southerly right of way line of SR -12; thence westerly along said right of way to an intersection with a line 410 feet easterly of, as measured at right angles to the west line of the southeast quarter of the northeast quarter of said Section 20; thence southerly parallel with'said west line to an intersection with a line 340 feet northerly of, :as measured at right angles to the south line of the north- east quarter of said Section 20; thence easterly to'the true point of beginning. S'ect'ion 3. The total estimated cost and expense of the improvement is hereby declared to be $225,0.0.0.00, of which it is estimated that not to exceed $150,000..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. -5 0 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. 95 ," 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 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 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 beissued 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. 95 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,.payab.le 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. -6- 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. 95 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. ,95 a special fund to be known and designated as "Local Improvement Fund, District No.'95 ," 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. PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington,.at .a regular open public meeting thereof, .this * ' '11, day of May, ,19 76. . ATTE .Director of Finance and e officio City Clerk APPROVED AS TO FORM: ..................................... r City Attorney -7- iagv- n�1�