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HomeMy WebLinkAbout1978 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 1978 AN ORDINANCE ordering the improvement of Irving Street between Road 28 and Road 27 within the City of Pasco, Washington, to City standards by grading, constructing and installing storm drains, base rock, leveling course, asphalt concrete surfacing and all incidental work, all in accordance with Resolution No. 1188 of the City Council; establish- ing Local Improvement District No. 102; 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. 1188 adopted July 1.0, 1978, the City Council -declared its intention to order the improvement of Irving Street between Road 28 and Road 27 within the City of Pasco, Washington, to City standards by grading, constructing and installing storm drains, base rock, leveling course, 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 f or 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 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 PASCO, WASHINGTON, DO ORDAIN, as follows: -2- 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: Irving Street between Road 28 and Road 27 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. 102 of the City of Pasco, Washington, which District is described as follows: Beginning at the intersection of Road 28 and Sylvester, thence easterly along the center line of Sylvester Street to the intersection of Road 27, thence southerly along the center line of Road 27 to the center line of West Lewis, thence westerly on said center line to the intersection of Road 28, thence northerly along the center line of Road 28 to the true 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 expense of the improvement is hereby declared to be $ 11,880,.7.2 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. -3- 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. 102," 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. 102 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 -4- 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. 102." 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. 102 a special fund to be known and designated as "Local Improvement Fund, District No. 102," 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. -5- r 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 APPROVED AS TO FORM: C�- City Attorney