HomeMy WebLinkAbout1976 Ordinancee
CITY OF PASCO, WASHINGTON
ORDINANCE NO. 1976
AN ORDINANCE ordering the improvement of 15th
Avenue between Court Street and Cartmell within
the City of Pasco, Washington, to City standards
by grading,.installing curbs, gutters and necessary
sidewalks,.base rock,.leveling courses, asphalt
concrete surfacing, and all incidental work, all
in accordance with Resolution No. 1186 of the City
Council; establishing Local Improvement District
No. 100; 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. 1186 adopted July 10, 1978,
the City Council declared its intention to order the improvement of
15th Avenue between Court Street and Cartmell within the City of
Pasco, Washington, to City standards.by grading, installing curbs,
gutters and necessary sidewalks, base rock, leveling courses,
asphalt concrete surfacing, and all incidental work, and fixed
August 7, 1978, at 8:00 p.m. (PDT) 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,
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 250 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 FASCO, WASHINGTON, DO
ORDAIN, as follows:
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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:
15th Avenue from Court to Cartmell 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. 100 of the City of Pasco, Washington, which District is described
as follows:
Beginning at the intersection of Court Street and
at the center of the north -south alley of Block 23
of the Pasco Improvement, thence easterly on center
line of Court Street to the center of north -south
alley of Block. 24 of the Pasco Improvement, thence
southerly along center line of said alley to the
center line of Cartmell Street, thence westerly on
said center line to the center line of the north -
south alley in Block 23 of the Pasco Improvement,
thence northerly along said center line to the point
of beginning, together with all vacated streets,
alleys and portions thereof legally attached to the
above described parcels.
Section 3. The total estimated cost and espense of
the improvement is hereby declared to be $ 9.783.30
The total 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.
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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. 100," 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
hereafter 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. 100 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 at a rate to be hereafter fixed by
ordinance under the mode of "payment by bonds," as defined by law
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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.
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. 100."
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. 100 a special fund to be known and
designated as "Local Improvement Fund, District No. 100," 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 7th day of August, 1978.
Mayor
A
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All
Deputy City. Clerk
APPROVED AS TO FORM:
City Attorney