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Home My WebLink About2148 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 2148 AN ORDINANCE ordering the improvement of the west half of the northwest quarter of Section 32, T9N, R30 EWM, and east half of the northeast quarter of Section 31, T9N, R30 EWM, lying south of "A" Street, north of Ainswortn Avenue, east of 10th Avenue, and west of 4th Avenue, witnin the City to city standards by grading, constructing and installing storm drains, water mains, sewer stubs, curbs, gutters, necessary sidewalks, base rock, leveling course, asphalt concrete surfacing, and all incidental work, all in accordance with Resolu- tion No. 1338 of the City Council; establishing Local Improvement DistriCt\No. 106 ; providing that payment for the improvement be made by special assessments upon the property in the District, payable by 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. 1338 adopted March 3, 1980, the "ity Council declared its intention to order the improvement of certain properties in the City as therein described, and fixed the 14th day of April, 1980, at 8:00 p.m. in the Council Chambers in the City Hall as the time and place for nearing all matters relating to the proposed improvement and all objections thereto and for determining tne metaod of payment for the improvement; and WHEREAS, James S. Ajax, City Engineer of the City, 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 snould 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 paced 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, the notice of the above hearing was given in the manner provided by law, and the hearing was held by tne City Council on the date and at the time above mentioned, and all written protests filed with the City Council on or before such date were duly considered and overruled and all persons appearing at such 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: Section 1, The City Council of the City hereby orders street construction consisting of storm drains, water mains, sewer stubs, curbs, gutters, necessary sidewalk, base rock, leveling course, asphalt concrete surfacing, and all incidental work on the following streets in the City: "B" Street from 10th Avenue to 4th Avenue; "C" Street from 8th Avenue to 4th Lane; 9th Avenue from "A" Street to Ainsworth; 8th Avenue from "a" Street to Ainsworth; 7th Avenue from "A" Street to Ainsworth; 7th Lane from "A" Street to Ainsworth; 6th Avenue from "A", Street to Ainsworth; 5th Avenue from "A" Street to Ainsworth; 4th Lane from "A" Street to 4th Avenue. 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. 106 of the City, which district is described as follows That portion of the west half of the NW 1/4 Sec 32, T9N, R30, EWM, and that portion of the east half of the NE 1/4, Sec 31, T9N, R30 EWM. Beginning w]th the section corner 29, 30, 31, 32, which is on the centerline of "A" Street and is the True Point of Beginning, thence westerly along said centerline to the intersection of 10th Avenue, thence southerly along the 10th Avenue centerline to the intersection of Ainsworth Avenue, thence easterly along the centerline of Ainsworth Avenue to the intersection of Fourth Avenue, thence northerly along the centerline of Fourth Avenue to the intersection of "A" Street, thence westerly along the centerline of "A" Street to the True Point of Beginning. EXCEPT the following parcels: Riverside Addition, Block 3, Lots 1-6, 14-20; Gantenbein's Addition, Block 11, Lot 9; Gantenbein's Addition, Block 16, Lot 13; Gray's Addition, Block 5, Lots 5-16; Gray's Addition, Block 4, Lots 1-11; Riverside Addition, Block 13, Lots 11-17; College Addition, Block 3, Lots 15-24. Section 3. The total estimated cost and expense of the improvement is hereby declared to be $860,880.00 of which all costs associated with the improvement except $362,974.00 shall be borne and assessed against the properties specially benefited. 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. 106 ," hereinafter created and referred to as the "Local Improvement Fund," and, until the bonds referred to in this section and 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 10 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. 106 is in ner 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 10 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. 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 such bonds shall be hereafter fixed by ordinance of the City Council. The 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 the improvement shall be done by and made by contract upon competitive bids and the City snall have and reserves the right to reject any and all bids. The call for bids for work authorized pursuant to this ordinance suall include a statement that payment for sucn work will be made in cash warrants drawn upon tne "Local Improvement Fund, District No. /106 ." Section 7. There is hereby created and established in the office of the City Treasurer of the City for Local Improvement District No. 1()6 - a special fund to be known and designated as "Local Improve- ment Fund, District No, 106 ," 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 per- taining 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. Section 8. This ordinance shall take effect from and after its passage and five (5) days following its publication as reauired by law. PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open public meeting thereof, this 14th day of April, 1980. g7, Mayor Pro Tern ATTEST: 411In ity 'CO in ty) APPROVED AS TO FORM: