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HomeMy WebLinkAbout2017 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 2]7.. AN ORDINANCE ordering the improvement of Hills- boro Street and certain other streets and avenues, within the City of Pasco, Washington, in accordance with standards adopted by the City, including the necessary excavation, grading, ballasting, asphalt concrete pavement, curb and gutters, illumination, drainage facilities, domestic water improvements in accordance with standards adopted by the City, including installation of the necessary watermains, fire hydrants, valves and other appurtenances for the purpose of supplying water for domestic use and fire protection, -and sanitary sewer improvements including installation of the necessary sanitary sewer trunk lines and laterals, manholes, side sewer service lines and other appurtenances, and all other work as may be necessary in connection therewith and incidental thereto-, all in accordance with the plans and specifications prepared by R. R. Jump, Consulting Engineers, Inc. and approved by the City Engineer, all in accordance with Resolution No. 1216 of the City Council; establishing Local Improvement District No. 103 ; providing that pay- ment for the improvement be made by special assess- ments 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. 1216 adopted December 4, 1978, the City Council declared its intention to order the improvement of Hillsboro Street and certain other streets and avenues, within the City of Pasco, Washington, in accordance with standards adopted by the City, including the necessary excavation, grading, ballasting, asphalt concrete pavement, curb and gutters, illumination, drainage facilities, domestic water improvements including installation of the necessary - 1 - watermains, fire hydrants, valves and other appurtenances for the purpose of supplying water for domestic use and fire protection, and sanitary sewer improvements including installa- tion of the necessary sanitary sewer trunk lines and laterals, manholes, side sewer service lines and other appurtenances, and all other work as may be necessary in connection there- with and incidental thereto, all in accordance with the plans and specifications prepared by R. R. Jump, Consulting Engineers, Inc. and approved by the City Engineer, and fixed January 15, 1979, at 8:00 p.m. (PST) 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, R. R. Jump, Consulting Engineers, Inc., the City consulting engineer, 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 its possession touching the proposed im- - 2 - provement, a description of the boundaries of the District, a statement of what portion of the cost and expense of the improvements should be borne by the property within the proposed improvement district, a statement in detail of the local improve- ment 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, due 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 herein- after described be carried out and that a local improvement - 3 - 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 (1) The improvement of the following streets in accordance with standards adopted by the City, including the necessary excavation, grading, ballasting, asphalt concrete pavement, curb and gutters, illumination, drainage facilities, and all other work as may be necessary in connection therewith and,incidental thereto; all in accordance with the plans and specifications prepared by R. R. Jump, Consulting Engineers, Inc.,and approved by the City Engineer for the following described streets: (a) HILLSBORO STREET from State Route 395 to the East line of Section 17, Township 9 North, Range 30 East, W. M.; (b) COMMERCIAL AVENUE from Hillsboro Street to approximately 3,400 feet east of the West line of Section 21, Township 9 North, Range 30 East, W.M.; (c) CAPITOL AVENUE from Hillsboro Street to the East line of Section 17, Township 9 North, Range 30 East, W.M.; Helens Street; (d) KING AVENUE from Hillsboro Street to St. - 4 - (e) ST. HELENS STREET from Commercial Avenue to the East line of Section 17, Township 9 North, Range 30 East, W.M.; (2) Domestic water improvements in accordance with standards adopted by the City, including installation of the necessary watermains, fire hydrants, valves and other appurte- nances for the purpose of supplying water for domestic use and fire protection; all in accordance with the plans and specifica- tions prepared by R. R. Jump, Consulting Engineers, Inc. and approved by the City Engineer within the following described areas: (a) HILLSBORO STREET from Commercial Avenue to the East line of Section 17; Township 9 North, Range 30 East, W.M.; (b) COMMERCIAL AVENUE from approximately 400 feet west of the West line of Section 21, Township 9 North, Range 30 East, W.M. to approximately 3,400 feet east of the West line of Section 21, Township 9 North, Range 30 East, W.M.; (c) CAPITOL AVENUE from Hillsboro Street to the East line of Section 17, Township 9 North, Range 30 East, W.M.; Helens Street; (d) KING AVENUE from Hillsboro Street to St. (e) ST. HELENS STREET from Commercial Avenue to the East line of Section 17, Township 9 North, Range 30 East, W.M.; - 5 - (d) Within the Northeast Quarter of Section 20, Township 9 North, Range 30 East, W.M.; Beginning at the North- east corner of said Section, thence in a Southwesterly direction to a point on Commercial Avenue approximately 400 feet west of the East line of said Section; and (3) Sanitary sewer improvements in accordance with standards adopted by the City, including installation of the necessary sanitary sewer trunk lines and laterals, manholes, side sewer service lines and other appurtenances; all in accord- ance with the plans and specifications prepared by R. R. Jump, Consulting Engineers, Inc. and approved by the City.Engineer within the following described areas: (a) COMMERCIAL AVENUE from Hillsboro Street to approximately 2,400 feet east of the West line of Section 21, Township 9 North, Range 30 East, W.M.; (b) CAPITAL AVENUE from Hillsboro Street to the East line of Section 17, Township 9 North, Range 30 East, W.M.; Helens Street; (c) KING AVENUE from Hillsboro Street to St. (d) ST. HELENS STREET from Commercial Avenue to the East line of Section 17, Township 9 North, Range 30 East, W.M.; (e) Within the Northeast Quarter of Section 20, Township 9 North, Range 30 East, W.M.; Beginning at the North- east corner of said Section, thence in a Southwesterly direction to the intersection of James Street, Cincinnati Street and Frontier Loop which is approximately 600 feet west of the East line of said Section; (f) CINCINNATI STREET from its intersection with James Street and Frontier Loop to Nevada Avenue; (g) NEVADA AVENUE from Cincinnati Street to Trinidad Street; (h) TRINIDAD STREET from Nevada Avenue to Main Street; (i) MAIN STREET from Trinidad Street to Yakima Street; (j) Within Section -29, Township 9 North, Range 30 East, W.M.; Beginning at the intersection of Main Street and Yakima Street, thence in a Southwesterly direction to the intersection of Shoshone Street and First Avenue which is the terminus. Section 2. There is hereby created and established a local improvement district to be called Local Improvement District No. 103 of the City of Pasco, Washington, which District is more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein. Section 3. The total estimated cost and expense of the improvement is hereby declared to be $1,847,930.00. The total cost and expense shall be borne by and assessed against - 7 - 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 improve- ment herein ordered to be assessed, such warrants to be payable out of the "Local Improvement Fund, District No. 103 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 improve- ment 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. 103 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. 103 .11 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. 103 a special fund to be known and designated as "Local Improvement Fund, District No. 103 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 15th day of January, 1979. ATTE City Clerk APPROVED AS TO FORM: c � � DENNIS J. DE F LICE, City Attorney - 10 - CHET BAILIE, Mayor EX H1F 1T "A January 4, 1979 Columbia East Area Development L.I.D. LEGAL DESCRIPTION Beginning at the Southeast corner of Section 17, Township 9 North, Range 30 E.W.M.; thence North along the East line of said section to a point 350 feet north of the Northeast corner of the Southeast Quarter of said Section 17; thence West parallel to the North line of said Southeast Quarter to the'East line of State Route 395; thence South- easterly along said East line of State Route 395 and the Northeasterly line of State Route 182 to a point on the East line, extended Northerly, of TRACT "A" of the Plat of "AGRI-CENTER" as recorded in Volume D of Plats, Page 73, records of Franklin County, Washington; thence South along said East line extended to the Northeast corner of said TRACT "A"; thence Westerly along the North line of said TRACT "A" and the Southerly line of State Route 182 to the West line of the East Half of Section 20, Township 9 North, Range 30 E.W.M.; thence South along the West line of the East Half of said Section 20 and Section 29 of Township 9 North, Range 30 E.W.M. to the centerline of North FRONT AVENUE of the plat of "PASCO LAND COMPANY'S FIRST ADDITION" as recorded in Volume B of Plats, page 39 , records of Franklin County, Washington; thence Southerly along said North FRONT AVENUE centerline to the centerline of East SHOSHONE STREET; thence Easterly along said East SHOSHONE STREET center- line to the centerline of North OREGON AVENUE; thence Northerly along said North OREGON AVENUE centerline to the centerline of East SUPERIOR STREET; thence Easterly along said SUPERIOR STREET centerline to the Columbia East Area Development L.I.D. Legal Description (cont.) East line of said Section 20; thence North along said East line of Section 20 to the Northeasterly line of State Route 182; thence South- easterly along said Northeasterly line of State Route 182 to the East line of the West Half of'Section 21, Township 9 North, Range 30 E.W.M.; thence North along said East line to the Northeast corner of said subdivision; thence Westerly along the North line of said subdivision to the point of beginning.