HomeMy WebLinkAbout1977 Ordinancex
CITY OF PASCO, WASHINGTON
ORDINANCE NO. 1977
AN ORDINANCE ordering the improvement of West
Henry Street from 16th Avenue to 14th Avenue and
16th Avenue from West Henry Street to West Octave
Street, within the City of Pasco, Washington, to
residential street standards by grading, construct-
ing and installing storm drains, installing curbs,
gutters and necessary sidewalks, crushed base rock,
crushed leveling course, asphalt concrete surfacing,
and all incidental work, all in accordance with
Resolution No. 1187 of the City Council; establish-
ing Local Improvement District No. 101; 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 improve-
ment district warrants redeemable in cash and local
improvement district bonds.
WHEREAS, by Resolution No. 1187 adopted July 10, 1978, the
City Council declared its intention to order the improvement of West
Henry Street from 16th Avenue to 14th Avenue and 16th Avenue from
West Henry Street to West .Octave Street, within the City of Pasco,
Washington, to residential street standards by grading, constructing
and installing storm drains, installing curbs, gutters and necessary
sidewalks, crushed base rock, crushed leveling course, asphalt
concrete surfacing,,and all incidental work, and fixed August 7,
1978, at 8;00 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
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,
-2-
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:
West Henry Street from 16th Avenue to 14th Avenue
and 16th Avenue from West Henry Street to West
Octave 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. 101 of the City of Pasco, Washington, which District is described
as follows:
Beginning at the intersection of 14th Avenue and
West Henry Street, thence southerly on the center
line of 14th Avenue to the south property line of
Lot 23, Block 9, of the Pasco Improvement Company's
First Addition, thence westerly along said property
line to the center line of 16th Avenue, thence
westerly along the south property line of Lots 5
and 6, Block.11, of Stadium Park Addition, to the
southwest corner of Block 5, thence northerly along
the west line of Lot 5, Block 11, and Lots 5 and 8,
Block 12, to the center line of Octave Street,
thence easterly along said center line to the inter-
section of Octave Street and 16th Avenue, thence
southerly along said center line to a point at right
angles to the north property lines of Lots 9 and 10,
Block 15, and Lots 9 and 10, Block 16, thence
easterly along said property line to the center line
of 14th Avenue, thence southerly to the true point
of beginning, together with all vacated streets,
alleys and portions thereof legally attached to the
above described parcels.
-3-
Section 3. The total estimated cost and expense of
the improvement is hereby declared to be $ 3:4,_1263..57: 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.
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. 101," 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
we
's }
to exceed sixty days after the first publication by the City Treasurer
of notice that the assessment roll for Local Improvement District
No. 101 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
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. 101." .
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. 101 a special fund to be known and
designated as "Local Improvement Fund, District No. 101," into
which fund shall be deposited the proceeds from the sale of revenue
-5-
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 7th day of August, 1978.
e
pty City Clerk
APPROVED AS TO FORM:
City Attorney
IM
1
Mayor