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HomeMy WebLinkAbout2038 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE N0. 2038 AN ORDINANCE ordering the improvement of the east half of the southeast quarter of Section 30, T9N, R30 EWM, and the west.half of the southwest quarter of Section 29, T9N, R30 EWM, lying south of Sylvester Street, east of 10th Avenue, west of 3rd Avenue, and north of "A" Street within the City of Pasco, Washing- ton, to city standards by grading, constructing and installing storm drains, curbs, gutters, necessary sidewalks, base rock, leveling course, asphalt concrete surfacing, and all incidental work, all in accordance with Resolution No. 1233 of the City Council; estab- lishing Local Improvement District No. 104; 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. 1233 adopted February 5, 1979, the City Council declared its intention to order the improvement of the east half of the southeast quarter of Section 30, T9N, R30 EWM, and the west half of the southwest quarter of Section 29, T9N, R30 EWM, lying south of Sylvester Street, east of 10th Avenue, west of 3rd Avenue, and north of "A" Street within the City of Pasco, Washington, to city standards by grading, constructing and installing storm drains, curbs, gutters, necessary sidewalks, base rock, leveling course, asphalt concrete surfacing, and all incidental work, and fixed March 5, 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 improve- ment; and e i CITY OF PASCO, WASHINGTON ORDINANCE N0. 2038 AN ORDINANCE ordering the improvement of the east half of the southeast quarter of Section 30, T9N, R30 EWM, and the west.half of the southwest quarter of Section 29, T9N, R30 EWM, lying south of Sylvester Street, east of 10th Avenue, west of 3rd Avenue, and north of "A" Street within the City of Pasco, Washing- ton, to city standards by grading, constructing and installing storm drains, curbs, gutters, necessary sidewalks, base rock, leveling course, asphalt concrete surfacing, and all incidental work, all in accordance with Resolution No. 1233 of the City Council; estab- lishing Local Improvement District No. 104; 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. 1233 adopted February 5, 1979, the City Council declared its intention to order the improvement of the east half of the southeast quarter of Section 30, T9N, R30 EWM, and the west half of the southwest quarter of Section 29, T9N, R30 EWM, lying south of Sylvester Street, east of 10th Avenue, west of 3rd Avenue, and north of "A" Street within the City of Pasco, Washington, to city standards by grading, constructing and installing storm drains, curbs, gutters, necessary sidewalks, base rock, leveling course, asphalt concrete surfacing, and all incidental work, and fixed March 5, 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 improve- ment; and WHEREAS, James S. Ajax, the City Engineer, caused an esti- mate 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 improve- ment should be borne by the property within the proposed improve- ment district, 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 valua- tion of the real estate, including 25% of the actual valuation of the improvements in the proposed District, according to the valua- tion 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 Coun- cil 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 - 2 - 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 of Pasco, Washing- ton, 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 follow- ing streets in the City of Pasco, Washington, to -wit: Yakima Street from 10th Avenue to Sylvester; Shoshone Street from 10th Avenue to 3rd Avenue; Bonneville Street from 10th Avenue to 4th Avenue; 9th Avenue from Sylvester to Columbia Street; 8th Avenue from Sylvester to Lewis Street; 7th Avenue from Sylvester to Columbia Street; 6th Avenue from Sylvester to "A" Street; 5th Avenue from Columbia Street to "A" Street. Section 2. There is hereby created and established a local improvement district to be called Local Improvement District No. 104 of the City of Pasco, Washington, with the following described boundaries: That portion of the SE 1/4, Section 30, T9N, R30 EWM, and a portion of the SW 1/4 of Section 29, T9N, R30 EWM. - 3 - Beginning at the intersection of Sylvester Street and 10th Avenue being the true point of beginning; thence southerly along said centerline of 10th Avenue to the extended centerline of the north -south alley of Block "B", Keystone Addition; thence southerly along said alley centerline to the extended north property line of Lot 28, Block "B", Keystone Addition; thence westerly along said extended property line to the centerline of 10th Avenue; thence southerly along said centerline to the extended south property line of Lot 9, Block 12, Pettit's Addition; thence easterly along said extended property line to the centerline of the north - south alley in Block 12, Pettit's Addition; thence southerly along said alley centerline extended to the centerline of Columbia Street; thence easterly along said centerline, to the extended centerline of the north -south alley in Block 3, Pettit's Addition; thence northerly along said extended alley centerline to the centerline of Lewis Street; thence easterly along said centerline to the extended centerline of the north -south alley in Block 2, Pettit's Addition; thence southerly along said extended alley centerline to the centerline of Columbia Street; thence easterly along said center- line to the extended west property line of Lot 6, Block 22, Gerry's Addition; thence southerly along said extended centerline staying parallel to the centerline of 6th Avenue to the centerline of "A" Street; thence easterly along said centerline to the extended east property line of Lot 10, Block 2, Fann's Addition; thence northerly along said extended property line staying parallel to the centerline of 5th Avenue, to the centerline of South Street; thence easterly along said centerline to the extended east property line of Lot 18, Block 20, Gerry's Addition; thence northerly along said extended property line to the centerline of Columbia Street; thence westerly along said centerline to the extended east property line of Lot 21, Block 16, Gerry's Addition; thence northerly along said extended property line to the centerline of the east -west alley in Block 10, Gerry's Addition; thence easterly along said alley centerline to the centerline of 4th Avenue; thence northerly along said centerline to the extended center- line of the east -west alley in Block 7, Gerry's Addi- tion; thence easterly along said alley centerline to the centerline of 3rd Avenue; thence northerly along said centerline to the extended centerline of the east -west alley in Block 6, Gerry's Addition; thence westerly along said extended alley centerline to the centerline of 5th Avenue; thence northerly along said centerline to the centerline of Sylvester Street; thence westerly along said centerline to the true point of beginning. - 4 - • r. EXCEPT the following parcels: Fann's Addition, Block 3, Lots 2 - 4; Fann's Addition, Block 2, Lot 10; Fann's Addition, Block 4, Lot 2; Gerry's Addition, Block 23, Lots 6 - 11, 22 - 27; Gerry's Addition, Block 24, Lots 6, 24 - 27; Gerry's Addition, Block 22, Lot 6; Pettit's Addition, Block 8, Lots 4, 5, 12; Pettit's Addition, Block 9, Lots 12, 13. Section 3. The total estimated cost and expense of the improvement is hereby declared to be $447,908,11 The total cost and expense shall be borne by and assessed against the pro- perty 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. 104," 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 - 5 - "revenue warrants." The City is authorized to issue local improve- ment 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. 104 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 assess- ment 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 connec- tion 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. 104." Section 7. There is hereby created and established in the office of the City Treasurer of the City of Pasco for Local Improve- ment District No. 104 a special fund to be known and designated as "Local Improvement Fund, District No. 104," 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 5th day of March, 1979. ATT9_ST : EVELYS WELLS, City Clerk APPROVED AS TO FORM: LLO!!� S G` DENNIS J. DE LICE, City Attorney - 7 - CHET BAILIE, Mayor