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HomeMy WebLinkAbout2152 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 2152 AN ORDINANCE ordering the improvement of the west half of tne soutneast quarter of Section 30 T9N R30 E.W.M. lying soutn of Sylvester Street, nortn of Lewis Street, west of lOtn Avenue, and east of 14th Avenue witnin tne City of Pasco, Wasnington, to City stanaards by grading, con- structing and installing storm drains, water mains, water stubs, curbs, gutters, necessary siaewalk, base rock, leveling course, asphalt concrete surfacing, and all incidental work, all in accordance with Resolution No. 1341 of the City Council; establishing Local Improvement District No. 107 ; providing tnat payment for the improvement be made by special assessments upon tne property in the District, payable by the mode of "payment by bonds"; and providing for the is uance and sale of local improvement district wa rants redeemable in cash and local improvement district bonds. \ WHEREAS, by iktesolution No. 1341 adopted March 17, 1980, the City Council declared its intention to order the improvement of tne west nalf of the southeast quarter of Section 30 T9N R30 E.W.M. lying south of Sylvester Street, north of Lewis Street, west of 10th Avenue and east Of 14th Avenue within the City of Pasco, Washington, \ to City standards\by grading, constructing and installing storm drains, \ water mains, water 'stubs, curbs, gutters, necessary sidewalk, base 4' rock, leveling course, asphalt concrete surfacing, and all incidental work, and fixed April 21, 1980, 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 metnod of payment for the improve- ment; and r ... WHEREAS, James S. Ajax, the City Engineer of tne City, caused an estimate to be made of tne cost and expense of the proposed improve- ment and certified that estimate to the City Council, together with all papers and information in his possession touching tne proposed improvement, a description of tne boundaries of the District, a state- ment 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 25% of the actual valuation of the improvements in the proposed District, according to the valuation last placed upon it for the purpose of general taxa- tion; and WHEREAS, that estimate is accompanied by a diagram of the proposed improvement showing tnereon the lots, tracts, parcels of land, and other property which will be specially benefited by the pro- posed 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 such date were duly considered and resulted in the deletion of improvements on 12th and 13th Avenues between Lewis and Clark Streets, and all other protests were overruled and all persons appearing at such hearing were heard, and WHERhAS, tne City Council has determined it to be in the best Interests of the City tnat the Improvement as hereinafter des- cribed be carried out and tnat 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 street construction consisting of storm drains, water mains, water stubs, curbs, gutters, necessary sidewalk, 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 from 14th Avenue to 10th Avenue; Yakima Street from 14th Avenue to lOtn Avenue; Shosnone Street from 14th Avenue to lOtn Avenue; HopKins Street from 14tn Avenue to 11th Avenue; Bonneville Street from 13th Avenue to 10th Avenue; 12th Avenue from Clark street to Sylvester Street; and 11th Avenue from Clark Street to Shoshone Street. 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. 107 of the City of Pasco, Washington, whicn District is described as follows: That portion of the west half of the southeast quarter Section 30 T9N R3OE E.W.M. Beginning with the center of Section 30 T9N R30 E.W.M., whicn is the incersection of 14th Avenue and Sylvester Street and is the true point of beginning, thence southerly along said centerline of 14th Avenue to the intersection of Bonneville Street, thence easterly along said center- line to the intersection of 13th Avenue, thence southerly along said centerline to the intersection of Clark Street, thence westerly along said centerline of Clark Street a distance of 160 feet more or less, thence southerly parallel to the centerline of 13th Avenue to centerline of Lewis Street, thence easterly along said centerline to the centerline of alley of Block 1, Pettit's Second Addition, thence northerly along said centerline to south line of Lot 8, Block 8 of Pettit's Second Addition, thence easterly along said south line of Lot 8 to tne centerline of lOtn Avenue, tnence northerly along said centerline to tne intersection of Sylvester Street, thence westerly along said centerline to the intersection of 14th Avenue being the true point of beginning. EXCEPT the following parcels. O'Keefe's Second Addition, BlocK 7, Lots 17 to 24, plus west half of vacated alley Block 8, Lots 12 to 32, plus east half of vacated alley; plus Blocks 1,2,3 & 4 Pet -tits Second Addition. Pettit's Second Addition, Block 6, Lots 18 to 22. Section 3. The total estimated cost and expense of the improvement is hereby declared to be $ 430 ;472.61 . The total cost I and expense, except $92,500, which is a H.U.D. grant, shall be borne by and assesged against the prOperty specially-Senefired by su -"ch-liriiproVemenrinc' lutled-in the t 4- h....!rf,in e:Ftai) -,cd r (rxr"7 local improvement 'district herein established'emBracing a -e near as may -be all property specially benefited by such improvement. F r. 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. 107," hereinafter created and referred to as the "Local Improvement Fund," and, until the ponds referred to in this section are issueu and delivered to the purchaser tnereof, to bear interest from tne 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 assess- ment roll for Local Improvement District No. 107 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 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 of Pasco, Washington. In tne case of default in tne 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 warrants and bonds shall be hereafter fixed by ordinance of the City Council. Such warrants and bonds shall be sold in sucn 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. 107 ." 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. 107 a special fund to be known and designated as "Local Improvement Fund, District No. 107 ," into wnich fund snail 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 4 P . 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 tnem 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 required 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 -5 day of May 1980. APPROVED AS TO FORM: 0 41 Ci-ty Attorney is continuul ever since 'Earth ti AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )ss STATE OF WASHINGTON Pnyllis Graves , being first duly sworn on oath deposes she Principal Clerk and says is the of the Tri-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- Franklin papei in County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true Jegal advertisement Ordinance # 2152 VANCOUVER, Wash P) — A geologist says a ,n a eruption on Mount St ',Jens could be 'triggered about a week by the inging gravitational pull I the sun and moon, but , deral officials said Sun- 1‘, they still could not pre- ct when an eruption, tght occur Al Eggers of the Univer. ity of Puget Sound at Ta- Ina said the powerful u Les , of bushing magma World copy of a as it was pi lilted in the regular and entire issue of the Tri City Herald itself and not in a supplement thereof, for a period of one time 011110EinailkaIlkS, commencing on the 12th day of Nay ,1980 , and ending on the day of , 19 and that said newspapei was regularly distributed to its subscribers during all of this period That the full amount of $ 198 - 93 has been paid in full, also at the rate of in .° 5.45 q, 198.93 L2—W / subsci i bed and sworn to before me this 1 2th day of May , 19 80 Notary Public in and for the State of Washington, residing at lierktiewpakci)a,„.0 FINANCE Di PARTMENT (509) 515-3101 Senn 726-3101 , ew ly ours, Sinc Eve yn Wells City Clerk P 0 BOX 293 412 WEST CLARK PASCO, WASHING'ION 99301 May 6, 1980 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentlemen Please publish the attached Ordinances on the following - date May 12, 1980 Please send two (2) Affidavits of Publication for each