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HomeMy WebLinkAbout2167 Ordinance4. t 1 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 , 7 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/ ,