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HomeMy WebLinkAbout2183 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 2183 AN ORDINANCE ordering the improvement of Hopkins Street from Road 24 to Road 28 within the City of Pasco, Washington, all in accordance with Resolu- tion No. 1361 of the City Council; establishing Local Improvement District No. 111 ; providing that payment for the improvement be made by special assessments upon the property in the District, pay- able 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. 1361 adopted July 21, 1980, the City Council declared its intention to order the improvement of Hopkins Street from Road 24 to Road 28 by the construction of storm drains, sewer stubs, curbs, gutters, necessary sidewalks, base rock, leveling course, asphalt concrete surfacing, and all incidental work, all in accordance with the plans and specifications prepared by James S. Ajax, City Engineer, and fixed August 18, 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, James S. Ajax, 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 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 ehowing thereon the losts, 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, 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 the improvement of Hopkins Street from Road 24 to Road 28 by the construction of storm drains, sewer stubs, curbs, gutters, necessary sidewalks, base rock, leveling course, asphalt concrete surfacing, and all incidental work, all in accordance with the plans and specifications prepared by James S. Ajax, City Engineer. Section 2. There is hereby created and established a local improvement district to be called Local Improvement District No. 111 of the City of Pasco, Washington, which District is more particularly described as: That portion of Hopkins Street on the north border line of the southwest quarter of the southeast quarter Section 25, Township 9 North Range 29 East W.M., extending from Road 24 to Road 28. 2 Beginning at the interesection of Road 28 and Hopkins Street, the point of true beginning, thence southerly a distance of approximately 135 feet, thence easterly a distance of approximately 460 feet, thence southerly a distance of approximately 27 feet, thence easterly a distance of approximately 136 feet, thence northerly a distance of approximately 162 feet, thence easterly a distance of approximately 266 feet, thence southerly a distance of approximately 155 feet, thence easterly a distance of approximately 296 feet, thence southerly a distance of approximately 200 feet, thence easterly a distance of approximately 132 feet, thence northerly a distance of approximately 470 feet to the southerly right-of-way line of West Lewis Street, thence west northwesterly on said right-of-way line to the inter- section with the east right-of-way line of Road 28, thence southerly along the east right-of-way line of Road 28 to the true point of beginning; EXCEPT THE FOLLOWING PARCEL: W1/2, SW1/2, NW1/4, SE1/4, less ptn to State for Hwy and less R/W Gas Co. Section 3. The total estimated cost and expense of the improvement is hereby declared to be $ 63,323.54 . 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 the "Local Improvement Fund, District No. 111 ," 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 referred to as "revenue warrants." The City is authorized to issue local improvement district _ - 3 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 publication by the Director of Finance of the City of notice that the assessment roll for Local Improvement District No. 111 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 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 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 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. 111 •fl Section 7. There is hereby created and established in the office of the Director of Finance of the City for Local Improvement District No. 111 a special fund to be known and designated as "Local Improvement Fund, District No. 111 ," into which fund shall 4 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 Ctiy of Pasco, Washington, at a regular open public meeting thereof, this 18th day of August, 1980. Mayor ATTE T1 41IN City Cle k APPROVED AS TO FORM: arg_, City Attorney supplement thereof, for a period of 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 $ 174.40 has been paid in full, also at the rate of AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )ss STATE OF WASHINGTON Phyllis Graves , being first duly sworn on oath deposes he Principal Clerk and says is the of the Tr-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. # 2183 on the 22nd, day of August Subscribed and sworn to before me this 22nd day of as it was printed in the regular and entire issue of the 'Fri City Herald itself and not in a 32 in.@ 5.45 = 174.40 August ,19 80 4i4e,4—e Notar y Public in and for the State of Washington residing at Pasco one time xtrizonuclogks, commencing ,19 80 , and ' surfacing and all Incidental work, all in accordance I with the plans and specifi- cations prepared by James S Aiax, City Engineer Section 2 There -is hereby- created and established a local improvement district to be called Local Improve- ment District Na 111 of the City of Pasco, Washington, which District is more par- ticularly described as That portion of Hopkins Street on the north border line of the southwest quar ter of the southeast quarter Sc,tion 25, Township 9 N —th Runge --24-Etill-VV Arc ,— extending from Road 24 to i Road 28 Beginning at the inter- section of Road 28 and Hopkins Street, the point of true beginning thence south- erly a distance of aPProx Imately 135 feet, thence easterly a distance of ap- proximately 460 feet, thence southerly a distance of =- Proximately 27 feet, thence easterly a distance of ap- proximately 136 feet, thence northerly a distance of GP proximately 162 feet, thence easterly a distance of OP Proximately 266 feet, thence southerly a distance of ap- proximately 155 feet, thence easterly a distance of aP Proximately 296 feet, thence southerly a distance of OP proximately 200 feet, thence easterly a distance of aP proximately 132 feet thence northerly a distance of ap- proximately 470 feet to the southerly right of way line of West Lewis Street, thence west northwesterly on said right of way line to the intersection with the east right-sof way line of Road 28, thence southerly along the east right-of way line of Road 28 to the true Point of beginning Except the following °creel • 2 SW 1/22-14w1/4,— 5E1/4 less pin to State for Hwy and less R/W Gas Co Section 3 The total esti mated cost and expense of the Improvement is hereby ^tiared to r $63,323 54 T o total cost Ind expense 1 ' be borne by and as- ,^--ed against o property L;. z'olly benefitee by such ii . ovement included in the •eci improvement district 1- -oln established embrac- ing as near as may be all Property specially benefited by such improvement Section 4 In accordance with the provision of RCW 35 44 047, the City may use any method or combination of methods to compute as sessments which may be deemed to fairly reflect the special benefits to the prop- erties being assessed Section 5 Local improve- 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 111, ' 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 ithe 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 i not redeemed in„,cash with- in a period of not to ex- ceed sixty days latter the I first publication by the Di rector of >Finance i of the City of notice that the as sessment roll for Local lm provement District No 111 is in his hands for collec tion The \bonds shall be re deemed by ,the collection of special assessments to be levied ore assessed against the propertV 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 bonds ' as defined by law and the ordinances of the City In the case of default in the payment of any assesment 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 City of Pasco, Washington Ordinance No 2183 An Ordinance , ordering the impnovement of Hopkins Street from Road 24 to Road 28 within the City of Pasco, Washington, all In accordance with Resolution No 1361 of the City Coun- cil establishing Local Im- provement District No 111, 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 I& cal improvement district wprrants redeemable in cash and local improvement district bonds Whereas, by Resolution No 1361 adopted July 21, 1980, the City Council de / clared its intention to order the improvement of Hopkins Street from ,Road 24 to Road 28 by the construction of stor,m drains, sewer stubs, curbs, gutters, neces- sary sidewalks, base rock leveling course, asphalt con crete surfacing, and all in ciden/al work, all in accordance with the plans ' and specifications prepared by James S Alax, City En gineer, and fixed August 18 1980, at 8 00 .p m , local time, in the Council Cham - bers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all obiections thereto and for determining the method of payment for the improve ment and Whereas, James S Alax, l 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 infor mation in his possession touching the proposed im provement, a description of the boundaries/ of the Dis trict, a statement of what portion of the cost and ex- Dense of the improvements should be borne by the property within the pro- posed improvement district, a statement in detail of the local improvement assess- ments 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 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 diagram of the proposed improve ment showing thereon the lots, tracts, parcels of land and other property which will be specially benefited by the proposed improve ment and the estimated cost and 6xpense thereof to be borne by each lot, tract and parcel of land or other property, and Whereas, due notice of the 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 Council hos determined it to be in the best interests of the City that the improvement as hereinafter, described be carried out and that a locql Improvement 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 the improve- ment of Hopkins Street from Road 24 to Road 28 by the construction of storm drains, sewer stubs, curbs, gutters, necessary sidewalks, base rock, level Ind course, asphalt concrete - - — - Section 6 Alt 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 111 " 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 111 a special fund to be known and designated as 'Local Improvement Fund, District No 111," into which fund shall be depos ited the proceeds from the sale of revenue warrants 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 Dense 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 required by law Passed by the City Coun cil and approved by the Mayor of the City of Pasco, Washington, at a regulpr open public meeting therebf, this 18th day of Augdst, 1980 s Chet Bailie Mayor Attest s Evelyn Wells City Clerk Approved as to Forrb -s Edwin F Alden City Attorney Legal No 8737 — APB 22/ 1980 August 19, 1980 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen Please publish the attached Ordinance No 2183 on the followinn date August 22, 1980 Please send three (3) Affidavits of Publication. Sincerely yours, Evelyn Wells City Clerk ew 410412,041 RECORDED IN VOL 146 OF OFFIC`AL RECORDS PikQE 3/ fr.:QUEST OF City of r asco SEP 11 9 30 WV Al City of Pa sco PO Box Pasco Wa. O431)4 ,K1R0T-v AIWIVOR -RAN ;ti L,C,UN1Y , VASH e„,r Ltat -DEPUTY Ar-4