HomeMy WebLinkAbout2167 Ordinance4.
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CITY OF PASCO, WASHINGTON
ORDINANCE NO. 2167
AN ORDINANCE ordering the improvement of cer-
tain streets and property within the City of
Pasco, Washington, all in accordance with Resolu-
tion No. 1351 of the City Council; establishing
Local Improvement District No. 110 ; providing
that payment for the improvement be made by spe-
cial 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. 1351 adopted May 19, 1980, the City
Council declared its intention to order the improvement of certain
streets within the City, including necessary excavation, grading,
ballasting, asphalt concrete pavement, curb and gutters, illumina-
tion, drainage facilities, and all other work as may be necessary
in connection therewith and incidental thereto, to make 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 supply-
ing water for domestic use and fire protection within a certain
area, and to make sanitary sewer improvements in accordance with
standards adopted by the City, including installation of the neces-
sary sanitary sewer laterals, manholes, side sewer service lines
and other appurtenances, all in accordance with the plans and
specifications prepared by R. R. Jump, Consulting Engineers, Inc.,
and approved by the City Engineer, and fixed June 9, 1980, at 8:00
p.m., local time, 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's
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 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 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
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 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 that
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,
- 2 _
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN,
as follows:
Section 1. The City Council of the City of Pasco, Washington
(the "City"), hereby orders:
1. That the following streets be improved in accord-
ance 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
plan and specifications prepared by R. R. Jump,
Consulting Engineers, Inc., and approved by the
City Engineer for the following described streets:
(a) ROAD 28 from Sylvester Street to Brown
(b) ROAD 26 from Sylvester Street to Court Street
(c) ROAD 24 from Sylvester Street to Court Street
(d) ROAD 22 from Sylvester Street to Court Street
(e) BROWN from Road 28 to Road 26
(f) MARIE STREET from Road 28 to Road 24
(g) OCTAVE STREET from Road 28 to Road 24
(h) HENRY STREET from Road 28 to Road 20
(1) PARK STREET from Road 26 to Road 22
2. That domestic water improvements be made in accord-
ance 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; all in accordance with the plans
_ 3 _
and specifications prepared by R. R. Jump, Consult-
ing Engineers, Inc., and approved by the City
Engineer within the following described areas:
(a) ROAD 26 from Sylvester Street to Henry Street
(b) ROAD 24 from Park Street to Henry Street
(c) ROAD 22 from Sylvester Street to Henry Street
(West)
(d) ROAD 22 from Henry Street (East) to approxi-
mately 1,000 feet north thereof, thence
approximately 200 feet east.
(e) MARIE STREET from Road 26 to approximately
300 feet east thereof.
(f) HENRY STREET from Road 28 to approximately
300 feet east of Road 26.
(g) PARK STREET from Road 26 to approximately 200
feet east thereof
(h) PARK STREET from Road 24 to Road 22
3. That sanitary sewer improvements be made in accord-
ance with standards adopted by the City, including
installation of the necessary sanitary sewer lat-
erals, manholes, side sewer service lines and
other appurtenances; all in accordance 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) ROAD 28 from Margaret Street to Brown
(b) ROAD 26 from Sylvester Street to Park Street
(c) ROAD 26 from Brown to approximately 200 feet
north thereof.
(d) ROAD 22 from Sylvester Street to approximately
1,000 feet north thereof.
(e) BROWN from Road 28 to Road 26.
(f) MARIE STREET from Road 28 to approximately
900 feet east thereof.
(g) OCTAVE STREET from Road 28 to approximately
900 feet east thereof.
(h) HENRY STREET from Road 28 to Road 24.
(1) PARK STREET from Road 26 to approximately 200
feet east thereof.
(3) PARK STREET from Road 24 to Road 22
(k) SYLVESTER STREET from Road 24 to Road 22
Section 2. There is hereby created and established a local
improvement district to be called Local Improvement District No.
110 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 $1,655,610 00. 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.
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 improvements
herein ordered to be assessed, such warrants to be payable out of
5
the "Local Improvement Fund, District No. 110 ," 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 re-
ferred 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 12 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 publi-
cation by the Director of Finance of the City of notice that the
assessment roll for Local Improvement District No. 110 is in
his hands for collection. The bonds shall be redeemed by the col-
lection of special assessments to be levied and assessed against
the property within the District, payable in 12
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 ordi-
nance 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 such manner
as the City Council shall hereafter determine.
_ 6 -
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, 110,"
Section 7. There is hereby created and established in the
office of the Director of Finance of the City for Local Improvement
District No. 110 a special fund to be known and designated as
"Local Improvement Fund, District No. 110 ," 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.
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 9th day of June, 1980.
Mayor
APPROVED AS TO FORM:
14(.
C t At rney
,
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AFFIDAVIT OF PUBLICATION
COUNTY OF Franklin
)ss
STATE OF WASHINGTON
Phyllis Graves , being first duly sworn on oath deposes
and says she is the Principal Clerk of the Tn-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-
paper in Franklin 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
copy of a legal advertisement
Ord, # 2167
as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a
supplement thereof, for a period of one time YoligENICIFOielitt, commencing
on the 1 3 th day of June , 19 80 , and
ending on the day of , 19 , and that said
newspaper was regularly distributed to its subscribers during all of this period
That the full amount of $ 220.73
has been paid in full, also at the rate of
40i in.@ 5.45 =20.73
Subscribed and sworn to before me this 1 3th day of June ,19 80 e
Notary Public in and for the State of Washington, residing at Pasco
r—
City of Pasco,
Washington
Ordinance No 2167
An, ordinantle ordering the
Improvement of certain
>treets and Property within
the City of Pasco, Washing-
ton, all In accordance with
Resolution No 1351 of the
City Council, establishing
Local improyement District
No 110, 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 lo-
cal improvyment district
warrants redeemable in
cash and local improvement
Jistrict bonds
WHEREA4, by Resolution
No 1351 otopted May 19,
1980, the City Council de-
clared its intention to order
the improvement of certain
streets within the City, in-
cluding necessary excava-
tion, grading, ballasting,
3sphalt concrete pavement,
curb and gutters, alumina
lion, drainage facilities, and
aIi other work as may be
necessary in connection
therewith and incidental
thereto, to make domestic
water improvements in ac-
cordance with standards
adopted by the City, includ-
ing installation of the neces-
sary watermains, fire
hydrants, valves and other
appurtenances for the pur-
pose of supplying water for
domestic use and fire pro-
tection within a certain
area, and to make sanitary
sewer improvements In ac
cordance with standards
adopted by the City, includ
ing installation of the neces
sary sanitary sewer
laterals, manholes, side
sewer service lines and
other appurtenances, all in
accordance with the plans
and specifications prepared
by, R R Jump, Consulting
Engineers, Inc , and approv-
ed by the City Engineer
and fixed June 9, 1980, at
8 00 p m ,_ local time, in the
Council Chambers of the
City Hall as the time and
place for hearing ail mat
ters relating to the pro-
posed improvement and all
obiections thereto* and for
determining the method of
Payment for the improve-
ment, and
WHEREAS, R R JUMP,
Consulting Engineers, Inc,
the City s consulting engi-
neer, caused an estimate to
be made of the cost and
expense of the proposed Im-
provement and certified that
-estimate to the City Council,
together with all papers
and information in its pos
session touching the pro
posed improvement, a
description of the bound-
aries of the District, a
statement of what portion of
the cost and expense of the
improvements should be
borne by the property with-
in the Proposed improve-
ment district, a statement
in detail of the local im-
provement assessment 6 out-
standing or unpaid against
the property in the pro-
posed District, and a state
ment of the aggregate
actual valuation of the real
estate, including 25% of the
actual valuation of the im
provements in the proposed
District, according to the
valuation last placed upon
it for the purpose of gener-
al taxation, and
WHEREAS, that estimate
is accompanied by a dia-
gram of the proposed im-
provement showing thereon
the lots, tracts, parcels of
land, and other property
which will be specially ben
efited by the proposed Im-
provement and the
estimated cost and expense
thereof to be borne by each
l ot, tract and parcel of land
or other property, and
WHEREAS, due notice of
he above hearing was giv
en 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 that date were duly
considered and overruled
and all persons appearing
at such hearing were
heard, and
WHEREAS, the City Coun
cil has deermined it to be
in the best interests of the
City that the improvement
as hereinafter described be
carried out, and that a local
mprovemenf district be cre
ated in connection there
with, now, therefore,
The City Council of the
City of Pasco, Washington,
do ordain, as follows
Section 1 The City Coun-
cil of the City of Pasco,
Washington (the "City"),
hereby orders
1 That the following
streets be improved In ac-
cordance with standards
adopted by the City, includ-
ing z, the necessary excava-
tion, gracing, ballasting,
asphalt concrete pavement,
curb and' gutters, alumina
tion, drainage facilities, and
all other work as may be
necessary in connection
therewith and incidental
thereto, all in accordance
with the elan and specifica-
tions prepared by R R
Jump, Consulting Engineers,
Inc , and approved by the
City Engineer for the fol I
lowing described streets
(a) ROAD 28 from Syl
vester Street to Brown
(b) ROAD 26 from Syl-
vester Street to Court
Street
(c) ROAD 24 from Syl-
vester Street to Court
Street
(d) ROAD 22 from Syl-
vester Street to Court
Street
(e) BRO VINI from Road
28 to Road 26
(f) MARIE STREET from
Road 28 to Road 24
(g) OCTAVE STREET
from Roo( i 28 to Road 24
(h) HENRY STREET
from Road 28 to Road 20
(I) PARK STREET from
Road 26 -tirRoad 22
2 That domestic water
improvements be made in
accordance with standards
adopted by the City, includ
ing installation af the neces-
sary watermains, fire
hydrants, valves and other
appurtenances for the pur-
pose of supplying water for
domestic use and fire pro-
tection, all in accordance
with the plans and specifi-
cations prepared by R R
Jump, Consulting Engineers,
Inc , and approved by the
City Engineer within the fol
owing described areas
(a) ROAD 26 from Syl
vester Street to Henry
Street
(b) ROAD 24 from Park
Street to Henry Street
(c) ROAD 22 from Syl-
vester Street to Henry
Street (West)
(d) ROAD 22 from Henry
Street (east) to approx-
imately 1 000 feet north
thereof, thence approx
imately 200 feet east
(3) MARIE STREET from
Road 26 to approximately
300 feet east thereof
(f) HENRY STREET
from Road 28 to approx
imately 300 feet east of
Rood 26
(g) PARK STREET from
Road 26 to approximately
200 feet east thereof
(h) PARK STREET _from
Road 24 to Road 22
3 That sanitary sewer
improvements be made in
accordance with standards
adopted by the City, includ-
ing installation of the neces-
sary sanitary sewer
laterals, manholes, side
sewer service lines and
other appurtenances, all in
laccordance with the plans
and specifications prepared
by R R Jump, Consulting
Engineers Inc_, and approv
ed by the City Engineer
within the following de
scribed areas
i (a) ROAD 28 from Mar
garet Street to Brown
1 (b) ROAD 26 from Syl-
vester Street to Park Street
i (c) ROAD 26 from Brown
to approximately 200 feet
,north thereof
(d) , ROAD 22 from Syl-
vester Street to approx-
imately 1,000 feet north
thereof
(e) BROWN from Road
28 to Road 26
(f) MARIE STREET from
Road 28 to approximately
900 feet east thereof
(g) OCTAVE STREET
from Road 28 to apvrox-
i m a tel y 900 feet east
thereof
(h) HENRY STREET
from Road 28 to Road 24
(i) PARK STREET from
Road 26 to approximately
200 feet east thereof
(I) PARK STREET from
Road 24 to Road 22
(k) SYLVESTER STREET
from Road 24 to Road 22
Section 2 There is hereby
created and established a
local improvement district
to be called Local Improve-
ment District Na 110 of the
City of Pasco, Washington,
which District is more par-
ticularly described in Exhib-
it 'A" attached hereto and
by this reference in-
corporated herein
Section 3 The total esti
mated cost and expense of
the improvement is hereby
declared to be $1,655,610 00
The total cost and expense
shall be borne by and as
sessed against the property
specially benefited by such
improvement included in the
local improvement district
herein established embrac
ing 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
ssessments which may be
deemed to fairly reflect the
special benefits to the prop-
erties being assessed
Section 5 Local imrove
ment district warrants shall
be issued in payment of the
cost and expense of the im
provements herein ordered
to be assessed, such war-
rants to be payable out of
the "Local Improvement
Fund, District No 110, '
hereinafter created and re
ferred to as the ' Local Im-
provement 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 re-
deemed 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 or-
dinance, shall be payable
on or before 12 years from
the date of issuance, the
life of the improvement or-
dered being not less than
the term of the bonds, and
shall be issued in exchange
for and in redemption of
any and all revenue war-
rants issued hereunder and
not redeemed in cash with-
in a period of not to ex-
ceed sixty days after the
first publication by the Di
rector of Finance of the
City of notice that the as-
sessment roll for Local Im-
provement District No 110
is in his hands for collec
bon The bonds shall be re
deemed by the collection of
special assessments to be
levied and assessed against
the property within the Dis
trict, payable in 12 equal
annual installments, with in-
terest at a rate to be here
after fixed by ordinance
under the mode of "Pay
ment by boi ds," 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 inter-
est at a rate to be here-
after fixed by ordinance
and a penalty of 6% which
shall also be collected The
exact form, amount, date,
interest rate and denomina
tions of such warrants and
drawn against the fund
which may be issued and
sold by the City and collec-
tions pertaining to assess-
ments, 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 ex-
pense in connection with
the improvement
Section 8 This ordinance
shall take effect from and
after its passage and five
(5) days following its pub-
lication as regired by law
Passed by the City Coun
cil and approved by the
Mayor of the City of Pasco,
Washington, at a regular
open public meeting thereof,
this 9th day of June, 1980
Attest
-s- Evelyn Wells
City Clerk
Approved as to form
-s Dennis J De Felice ,
City Attorney
Legal No 8186 — June 13,
1980
thereof
(h) HENRY STREET
from Road 28 to Road 24
(i) PARK STREET from
Road 26 to approximately
200 feet east thereof
(I) PARK STREET from
Road 24 to Rood 22
(k) SYLVESTER STREET
from Road 24 to Road 22
Section 2 There is hereby
created and established a
local improvement district
to be called Local Improve
ment District No 110 of the
City of Pasco, Washington,
which District is more par-
ticularly described in Exhib-
it • A" attached hereto and
by this reference in-
corporated herein
Section 3 The total esti-
mated cost and expense of
the improvement is hereby
declared to be $1,655,610 00
The total cost and expense
shall be borne by and as
sessed against the property
specially benefited by such
improvement included in the
local improvement district
herein established embrac-
ing 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
ssessments which may be
deemed to fairly reflect the
special benefits to the prop
ertles being assessed
Section 5 Local imrove
ment district warrants shall
be issued in payment of the
cost and expense of the im-
provements herein ordered
to be assessed, such war
rants to be payable out of
the ' Local Improvement
Fund, District No 110,"
hereinafter created and re-
ferred to as the Local Im
provement 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 re-
deemed in cash and/or by
local improvement district
bonds herein authorized to
be issued, such interest
bearing warrants ta 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 or-
dinance, shall be payable
on or before 12 years from
the date of issuance, the
life of the improvement or-
dered being not less than
the term of the bonds, and
shall be issued in exchange
for and in redemption of
any and all revenue war-
rants issued hereunder and
not redeemed in cash with
in a period of not to ex-
ceed sixty days after the
first publication by the Di
rector of Finance of the
City of notice that the as-
sessment roll for Local Im
provement District No 110
is in his hands for coliec
tion The bonds shall be re
deemed by the collection of
special assessments to be
levied and assessed against
the property within the Dm
trict, payable in 12 equal
annual installments, with in-
terest at a rate to be here
after fixed by ordinance
under the mod e of "Pay-
ment by boi ds," 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 inter
est at a rate to be here
after fixed by ordinance
and a penalty of 6% which
shall also be collected The
exact form, amount, date,
interest rate and denomina
tions of such warrants and
bonds shall be hereafter
fixed by ordinance of the
City Council Such 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 reiect 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 110"
Section 7 There is hereby
created and established in
the office of the Director of
Finance of the City for Lo-
cal ,Improvement District
No 110 a special fund to
be known and designated
as "Local Improvement
Fund, District No 110," into
which fund shall be depos-
ited the proceeds from the
sale of revenue warrants
June 10, 1980
Tri City Herald
P.O. Box 2608
Pasco, Washington 99302
Gentlemen:
Please publish the attached Ordinance on the following
date.
June 13, 1980
Please send three (3) Affidavits of Publication.
Sincerely yours,
Evelyn Wells
City Clerk
et/ ,