HomeMy WebLinkAbout1945 OrdinanceCITY OF PASCO, WASHINGTON
ORDINANCE NO. 1945'.
AN ORDINANCE ordering the improvement of the SW 1/4
of Section 19, T9N, R30EWM, and the SE 1/4, Section
24, T9N, R30EWM, lying north of Court Street, west
of 14th Avenue south and east.of SR -12 within the
City of Pasco, Washington, to City standards by
grading, constructing and installing storm drains,
water and sewer lines, curbs, gutters, necessary
sidewalks, base rock, leveling course, asphalt
concrete surfacing, and all incidental work, all
in accordance with Resolution No. 1150 of the City
Council; establishing Local Improvement District
No. ' 98 ; providing that payment for the improve-
ment 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. 1150 adopted February 21, 1978,
the City Council declared its intention to order the improvement of
the SW -1/4 of Section 19,.T9N, R30EWM, and the SE 1/4, Section 24,
T9N, R30EWM, lying north of Court Street, west of 14th Avenue south
and east of SR -12 within the City of Pasco, Washington (the "City"),
to City standards by grading, constructing and installing storm drains,
water and sewer lines, curbs, gutters, necessary sidewalks, base
rock, leveling course, asphalt concrete surfacing, and all incidental
work,'and fixed March 20, 1978, at 8:00 p.m. (PST) 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, City Engineer of the City, 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 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 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:
15th Avenue from Ruby to Pearl Street;
16th Avenue from Court to Pearl Street;
17th Avenue from Court to Jay Street;
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18th Avenue from Court to Jay Street;
18th Drive from Court to Jay Street;
19th Avenue from Court to Jay Street;
19th Drive from Richardson to Jay Street;
21st Avenue from Ruby to Pearl Street;
22nd Avenue from Court to Jay Street;
23rd Avenue from Ruby to Pearl Street;
24th Avenue from Court to Jay Street;
Ruby Street from 14th to 15th Avenue;
Ruby Street from 19th to 24th Avenue;
Agate Street from 14th to 22nd Avenue;
Opal Street from 19th to 20th Avenue;
Pearl Street from 14th to the west line of Ventura
Heights Subdivision;
Opal Street from 24th to the west line of Ventura
Heights Subdivision;
Leola Street from 24th East 264.69 feet to the
cul-de-sac;
Richardson Street from 19th to 19th Drive;
Howard Street from 17th East 150 feet;
Ella Street from 19th to cul-de-sac East of 17th Avenue;
Jay Street from 20th to 18th Avenue;
Jay Street from 24th to 22nd Avenue;
Jay Street from 17th East 547 feet and including the
cul-de-sac's on the North side of Jay Street.
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. 98 of the City, which district is described as follows:
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That portion of the SE 1/4, Section 19, T9N, R30EWM,
and SE 1/4, Section 24, T9N, R29EWM, described as
follows:
Beginning at the intersection of Court Street and 14th
Avenue; thence, north along the centerline of 14th
Avenue to the south right-of-way line of SR -12, thence
westerly along the south right-of-way line of SR -12 to
the point of intersection with the west line of the LDS
parcel, said point also being located 525 feet east of
the east line of vacated Vancouver Street, Headlight
Addition, thence south along the west line of said Tract
to the south line of the vacated Headlight Addition,
thence east along the south line of said addition to the
point of intersection with the north -south centerline of
west 1/2 of the southeast 1/4, Section 24, T9N, R29EWM.
Thence south along said north -south line to the northwest
corner of the Gasamat parcel, Volume 102, page 948, said
point being 335 feet north of the centerline of Court
Street; thence east 185.8 feet along the north line of
the Gasamat, Inc., parcel; thence, south 335 feet along
the east line of the Gasamat, Inc., parcel to the center-
line of Court Street; thence, east along the centerline
of Court Street to its intersection with the centerline
of 14th Avenue and the point of beginning of this
description; together with all vacated streets, alleys
and portions thereof legally attached to the above
described parcels.
EXCEPT the following parcels:
Papi Addition, Lots 1 through 7, inclusive;
North Lucas Addition, Lots 11 through 14, Block 2,
inclusive;
Replat of City View Addition, Lots 4 through 9,
Block 3, inclusive;
Replat of City View Addition, Lots 35 through 42,
Block 1, inclusive;
Replat of City View Addition, Tract "A";
Corrected Plat'of City View Addition, Lots 9
through 20, Block 2, inclusive;
Corrected Plat of City View Addition, Lots 29
through 34, Block 1, inclusive;
Lewis Addition, East 23 feet of Lot 7, Lot 5
and 6, and the West 40 feet of Lot 4, Block 1;
Kidwell Addition, Lots 1 through 6, inclusive;
Michelson's Addition; Lots 2 and 3, Block 2;
Richardson Addition; Lots 1 through 3, Block 1,
inclusive; including the adjacent West 10' of
vacated alley;
Kelly's Addition; Lots 16 through 20, inclusive;
Sprouse Addition; Lots 11 through 14, inclusive;
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The West 400 feet of the South 210 feet of Southwest
1/4, Gov't Lot 4, Section 19, T9N, R30EWM, less the
West 40 feet for 20th Avenue and the South 40 feet
for Court Street;
Tract #9, Section 19, T9N, R30EWM, East 104 feet of
West 269 feet of South 165 feet of Southeast 1/4
Southeast 1/4 Southwest 1/4.
Section 3. The total estimated cost and expense of the
improvement is hereby declared to be $ 1,034,188.05 The total
cost and expense shall be borne by and assessed against the property
specially benefited by such improvement included in the local improve-
ment 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. 98 ," 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
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assessment roll for Local Improvement District No. 98 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. 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 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. 98 "
Section 7. There is hereby created and established in
the office of the City Treasurer of the City for Local Improvement
District No. 98 a special fund to be known and designated as "Local
Improvement Fund, District No. 98 ," 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.
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PASSED by the City Council and APPROVED by the Mayor of
the City of Pasco, Washington, at a regular open public meeting thereof,
this 20th day of March, 1978.
ATTES
'Deputy City Clerk
APPROVED AS TO FORM:
z
City Attorney
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Mayor