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:
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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
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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.
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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.
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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.
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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
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