HomeMy WebLinkAbout1851 OrdinanceCITY OF PASCO, WASHINGTON
ORDINANCE NO. 1851
AN ORDINANCE ordering the improvement of Fifth
Avenue from Court Street to SR -12, Sixth Avenue
from Agate Street to Pearl Street, Seventh Avenue
from Court Street to Lincoln Drive, Eighth Avenue
from Jan Street to Lincoln Drive, Ninth Avenue
from Court Street to Lincoln Drive, Tenth Avenue
from Court Street to•Riverview Drive, Eleventh
Avenue from Astor Way to Twelfth Avenue, Twelfth
Avenue from Astor Way to Lincoln Drive and from
Court Street to its northerly terminus approximately
600' north of Court, Thirteenth Avenue from Court
Street to Riverview Drive, Fourteenth Avenue from
Court Street to Lincoln Drive, Lincoln Drive from
SR -12 to Fourteenth Avenue, Jay Street from Fifth
Avenue to Seventh Avenue., Jan Street from Fifth
Avenue to Fourteenth Avenue, Riverview Drive from
Tenth Avenue to Thirteenth Avenue, Leola Street
from Seventh to -Ninth Avenue, Pearl Street from
Fifth Avenue to Tenth Avenue, and from Thirteenth
Avenue to Fourteenth Avenue, Opal Street from
Seventh Avenue to Ninth Avenue, Astor Way from
Tenth Avenue to Thirteenth Avenue, Agate Street
from Fifth Avenue to Ninth Avenue,•Ruby Street from
Seventh Avenue to Ninth Avenue and from Seventh
Avenue to its easterly terminus approximately 385'
east of Seventh within the City of Pasco, Washington,
to City standards by grading, constructing and
installing storm drains, curbs, gutters, necessary
sidewalks, base rock, ,leveling course, asphalt
concrete surfacing, and all incidental work, all in
accordance with Resolution No. 1081 of the City
Council; establishing Local Improvement District No..
•9.7 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 providing for the issuance and sale of local
improvement district warrants redeemable in cash and
local improvement district bonds.
WHEREAS, by Resolution No. 1081 adopted April 5, 1977, the
City Council declared its intention to order the improvement of
Fifth Avenue from Court Street to SR -12, Sixth Avenue from Agate
Street to Pearl Street, Seventh Avenue from Court Street to Lincoln
Drive, Eighth Avenue from Jan Street to Lincoln Drive, Ninth Avenue
from Court Street to Lincoln Drive, Tenth Avenue from Court Street
to Riverview Drive, Eleventh Avenue from Astor Way to Twelfth Avenue,
Twelfth Avenue from Astor Way to Lincoln Drive and from Court Street
to its northerly terminus approximately 600' north of Court,
Thirteenth Avenue from Court Street to Riverview Drive, Fourteenth
Avenue from Court Street to Lincoln Drive, Lincoln Drive from SR -12
to Fourteenth Avenue, Jay Street from Fifth Avenue to Seventh Avenue,
Jan Street from Fifth Avenue to Fourteenth Avenue, Riverview Drive
from Tenth Avenue to Thirteenth Avenue, Leola Street from Seventh
to Ninth Avenue, Pearl Street from Fifth Avenue to Tenth Avenue, and
from Thirteenth Avenue to Fourteenth Avenue, Opal Street from Seventh
Avenue to Ninth Avenue, Astor Way from Tenth Avenue to Thirteenth
Avenue, Agate Street from Fifth Avenue to Ninth Avenue, Ruby Street
from Seventh Avenue to Ninth Avenue and from Seventh Avenue to its
easterly terminus approximately 385' east of Seventh within the
City of Pasco, Washington, to City standards by grading, constructing
and installing storm drains, curbs,.gutters, necessary sidewalks,
base rock, leveling course,.asphalt concrete surfacing, and all
incidental work, and fixed May 3, 1977, at 8:00 o'clock 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 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 pro-
posed 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
-2-
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 street construction consisting of storm
drains, curbs, gutters, necessary sidewalks, base rock, leveling
course, asphalt concrete surfacing, and all incidental. work on the
following streets in the City of Pasco, Washington, to -wit:
Fifth Avenue from Court Street to SR -12, Sixth Avenue
from Agate Street to Pearl Street, Seventh Avenue
from Court Street to Lincoln Drive, Eighth Avenue from
Jan Street to Lincoln Drive, Ninth Avenue from Court
Street to Lincoln Drive, Tenth Avenue from Court Street
to Riverview Drive, Eleventh Avenue from Astor Way to
Twelfth Avenue, Twelfth Avenue from Astor Way to Lincoln
Drive, and from Court Street to its northerly terminus
approximately 600' north of Court, Thirteenth Avenue
from Court Street to Riverview Drive, Fourteenth Avenue
from Court Street to Lincoln Drive, Lincoln Drive from
SR -12 to Fourteenth Avenue, Jay Street from Fifth
Avenue to Seventh Avenue, Jan Street from Fifth Avenue
to Fourteenth Avenue, Riverview Drive from Tenth Avenue
to Thirteenth Avenue, Leola Street from Seventh Avenue
to Ninth Avenue, Pearl Street from Fifth Avenue to
Tenth Avenue, and from Thirteenth Avenue to Fourteenth
Avenue, Opal Street from Seventh Avenue to Ninth Avenue,
=Z
Astor Way from Tenth Avenue to Thirteenth Avenue,
Agate Street from Fifth Avenue to Ninth Avenue, Ruby
Street from Seventh Avenue to Ninth Avenue and from
Seventh Avenue to its easterly terminus approximately
385' east of Seventh.
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. 97 of the City of Pasco, Washington, which District is
described as follows:
That portion of southwest quarter of Section 19,
Township 9 N., Range 30 East described as follows:
Replat of Cityview Addition, Tract "B," Lots 35
to 42 inclusive, Lots 15 to 21 inclusive all in
Block 3.
Plat of North Lucas Addition, Block 2, Lot 9 to
16 inclusive.
Papi Addition, Block 3, Lots 4 to 6 inclusive,
Block 1, Lot 1 and 2 and Lot 9 and 10 inclusive.
That portion of southwest quarter Section 20,
Township 9 N., Range 30 East Plat of Glen R. Mud
Addition, Block 1, Lots 1 to 12 inclusive.
Bucks Subdivision, Lots 15 to 27 inclusive.
Holter's Addition, Lots 1 to 4 inclusive, Lots 13
and 14.
The west 120 feet of unplatted area bounded on the
north by Buck's Subdivision on the,south by Ruby
Street and on the west by the east right of way line
of Fifth Avenue.
All of the southeast quarter of Section 19, Township
9 N., Range 30 East except Kirchner Hill, Lots 3 to
7 inclusive, Lots 12 to 16 inclusive.
Together with all vacated streets, alleys and portions
thereof legally attached to the above described
parcels.
Section 3. The total estimated cost and expense of the
improvement is hereby declared to be $804,750.38. The total cost
and expense shall be borne by and assessed against the property
specially benefited by such improvement included in the local
-4-
I
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..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. 97 ," 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 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. 97 is in her
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
Q•=
of 6% which shall also be collected.
The exact form, amount, date,
interest rate and denominations of said 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.
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. 97 ."
S'e'ction 7. There is hereby created and established in
the office of the City Treasurer of the City of Pasco for Local
Improvement District No. 97" a special fund to be known and
designated as "Local Improvement Fund, District No. 97 ," 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 3rd day of May, 1977.
Mayor
Evelyn Wells,' Deputy City Clerk
LIVED AS TO RM:
City Attorney
-6-