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HomeMy WebLinkAbout2064 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 2064 ANORDINANCE ordering the construction and installation of a six (611) inch and eight (811) inch water main extension, together with appurtenances along Sycamore Avenue to Butte Street, Butte Street to Hugo Avenue, Hugo Avenue to Helena Street, all within the City of Pasco, Washington, to be constructed to City standards by furnishing all equipment, material, labor and incidentals to accomplish a completed project, all in accordance with Resolution No. 1241 of the City Council; establishing Local Improvement District No. InS 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. 1241 adopted April 16, 1979, the City Council declared its intention to order the construction and installation of a six (6") inch and eight (811) inch water main extension, together with appurtenances, along Sycamore Avenue to Butte Street, Butte Street to Hugo Avenue, Hugo Avenue to Helena Street, all within the City of Pasco, Washington, to be constructed to City standards by furnishing all equipment, material, labor and incidentals to accomplish a completed project, and fixed June 4, 1979, 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 pro- posed improvement and all objections thereto and for determining the method of payment for the improvement; and WHEREAS, James Ajax, the City 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 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 improvements should be borne by the property within the proposed improvement district, a state- ment in detail of the local improvement assessments outstanding or unpaid against the propoerty in the proposed District, and a state- ment 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 pro- posed 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 hereinafter -2- 4 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, Washington, hereby orders the construction and installation of a six (611) inch and eight (8") inch water main extension, together with appurtenances along Sycamore Avenue to Butte Street, Butte Street to Hugo Avenue, Hugo Avenue to Helena Street, all within the City of Pasco, Wash- ington, to be constructed to City standards by furnishing all equipment, material, labor and incidentals to accomplish a completed project. Section 2. There is hereby created and established a local improvement district to be called Local Improvement District No. 105 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 $16,000 of which cost $13,000 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, and the balance of such cost and expenses of carrying out such improvement shall be paid by the City of Pasco, Washington. -3- F 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. 105 ?" 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 pur- chaser 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. 105 is in his hands for collection. The bonds shall be redeemed by the collection of special assessments to be levied and -4- 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. 105 ." 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. 105 a special fund to be known and designated as "Local Improvement Fund, District No. ,"..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 shall be issued cash warrants to the contractor or contractors in -5- 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 4th day of June, 1979. ATTEST.: y c.ier APPROVED.AS TO FORM: r voa"-� � � L fl- DENNIS J. Dn FELIM City Attorney ff-M y CHET BAILIE, Mayor EXHIBIT A Beginning at the intersection of Helena Street and Sycamore Avenue, thence south along the center line of Sycamore Avenue to the intersection of Butte Street, thence east along the center line of Butte Street to the center line of the North South alley extended of Block 6, Kurtzman's First Addition, as recorded in Book of Plats, Page 29, Volume "C", Franklin County, thence north along said extended center line to the center line of Helena Street, thence west along said center line to the true point of beginning. EXCEPT Lots 5, 6, 7, 8, 9, and 10, Block 6, of Kurtzman's First Addition.