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HomeMy WebLinkAbout2249 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 2249 AN ORDINANCE ordering the improvement of certain streets within the City of Pasco, Washington, all in accordance with Resolution No. 1406 of the City Coun- cil; establishing Local Improvement District No. //It ; 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 pro- viding for the issuance and sale of local improvement district warrants redeemable in cash and local improve- ment district bonds. WHEREAS, by Resolution No. 1406 adopted February 17, 1981, the City Council declared its intention to order the improvement of certain streets within the City, all in accordance with the plans and specifications prepared by Department of Public Works of the City and approved by the City Engineer, and fixed March 9, 1981, 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 improvements and all objections thereto and for determining the method of payment for the improvements; and WHEREAS, James Ajax, the City Engineer, caused an estimate to be made of the cost and expense of the proposed improvements and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed improvements, a description of the boundaries of the District, a statement of what portion of the cost and expense of the improve- ments should be borne by the property within the proposed improve- ment 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 valu- ation of the real estate, including 25% of the actual valuation of the improvements in the proposed District, according to the valu- ation last placed upon it for the purpose of general taxation; and WHEREAS, that estimate is accompanied by a diagram of the 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 improvements showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed improvements 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 improvements 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: i - 2 - Section 1. The City Council of the City of Pasco, Washington (the "City"), hereby orders the improvement of certain streets within the City, as more particularly set forth in Exhibit "A" attached hereto and by this reference incorporated herein. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the City Department of Public Works and approved by the City Engineer, and may be modified by the City Council as long as such modification does not affect the purpose of the improvements. Section 2. There is hereby created and established a local improvement district to be called Local Improvement District No. 10.-- of the City of Pasco, Washington, which District is more particularly described in Exhibit "B" attached hereto and by this reference incorporated herein. Section 3. The total estimated cost and expense of the improvements is hereby declared to be $.3-72.2.713 . The total cost and expense shall be borne by and assessed against the property specially benefited by such improvements included in the local improvement district herein established embracing as near as may be all property specially benefited by such improvements. 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 3 herein ordered to be assessed, such warrants to be payable out of the "Local Improvement Fund, District No. 117_ ," 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 bonds for the District which shall bear interest at a rate to be hereafter fixed by ordinance, shall be payable on or before iZ years from the date of issuance, the life of the improvements 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 City Treasurer of notice that the assessment roll for Local Improvement District No. 1/2! is in her 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 /a, 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 4 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 improvements 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. 112- •" Section 7. There is hereby created and established in the office of the City Treasurer for Local Improvement District No. ill a special fund to be known and designated as "Local Improve- ment Fund, District No. //7_ ," 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 improvements, and against which fund cash warrants shall be issued in payment for all other items of expense in connection with the improvements. Section 8. This ordinance shall take effect from and after its passage and five (5) days following its publication as required by law. 5 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 March, 1981. APPROVED AS TO FORM: _ _ 6 EXHIBIT "A" Unit 1: The improvement of the following streets in accordance with standards established by the City, including the necessary excavation, grading, ballasting, asphalt concrete surfacing, curbs, gutters, sidewalks, drainage facilities and all other work neces- sary in connection therewith and incidental thereto: Nixon Street from 10th Avenue to 7th Avenue; Park Street from 10th Avenue to 5th Avenue; Margaret Street from 10th Avenue to 5th Avenue; 8th Avenue from Sylvester Street to Henry Street; and 7th Avenue from Nixon Street to Henry Street. Unit 2: The improvement of Marie Street from 5th Avenue to 4th Avenue in accordance with standards established by the City, including the necessary excavation, grading, ballasting, asphalt concrete surfacing, curbs, gutters, sidewalks and all other work necessary in connection therewith and incidental thereto. Unit 3: The improvement of Nixon Street from 3rd Avenue to 4th Avenue in accordance with standards established by the City, including the necessary excavation, grading, ballasting, asphalt concrete surfacing, curbs, gutters, sidewalks and all other work necessary in connection therewith and incidental thereto. EXHIBIT "B" Unit 1: I That portion of the southeast quarter, northeast quarter, Section 30 T9N, R30 EWM. Beginning with the center of Section 30 T9N, R30, EWM, thence northerly to the centerline of Nixon Street, thence easterly along said centerline to the centerline of 10th Avenue, the true point of beginning, thence northerly along said centerline to centerline of Henry Street, thence easterly along said centerline to the centerline of 5th Avenue, thence southerly along said centerline to the centerline of Nixon Street, thence westerly along said centerline to the centerline of 7th Avenue, thence southerly along said centerline to Sylvester Street, thence westerly along said centerline to the west property line of Lot 5 projected of Block 3, Park Addition, thence northerly along said line to the centerline of east- west alley, thence westerly along said centerline to a point 13.5' west of Lot 17, Block 1 of Park Addition, thence northerly along a line 13.5' (feet) west of and parallel to the west line of said Lot 17 to the centerline of Nixon Street, thence westerly along said centerline to the true point of beginning. EXCEPT the following parcels: Kurth's Addition, Block 12, Lots 4-6 Sylvester's Addition, Block 10, west 10' of Lot 28, Lots 20-27 Sylvester's Addition, Block 11, Lots 23-26 Sylvester's Addition, Block 12, Lots 23-32 Sylvester's Addition, Block 6, Lots 1-9 Sylvester Park Addition, Block 2, Lots 1-12 _ Unit 2: That portion of the west half of the northwest quarter, northwest quarter of Section 29 T9N R30 EWM. Beginning at the section corner of 19, 20, 29 and 30 which is the intersection of 5th Avenue and Court Street, thence southerly along the centerline of 5th Avenue to the north line of Lot 6, Sydney Addition projected, the true point of beginning, thence easterly on said centerline to the south line of Lot 5, Block 8, Sylvester Park Addition projected, thence westerly along said line to the centerline of 5th Avenue, thence northerly along said centerline to the true point of beginning. , Unit 3: That portion of the southwest quarter of the northwest quarter of Section 29, T9, R30, EWM. Beginning at the west quarter corner, Section 29, and 30, thence easterly along the quarter section line to the intersection of the centerline of North Fourth Avenue, thence northerly along the centerline of North Fourth Avenue to the intersection of the south line of Lot 16, Block A, Sylvester Park Addition to Pasco, extended, which is the true point of beginning, thence easterly along said line to the centerline of North Third Avenue, thence northerly along said centerline to a point 160 ft. northerly of the centerline of West Nixon Street, thence westerly along a line, parallel to and 160 feet northerly of the centerline of West Nixon Street, to the centerline of North Fourth Avenue, thence southerly along said centerline to the true point of beginning. is the PT1T1C11)al CIO:Lk of the 'I ri City herald Mat said nev‘spapei is a legal newspaper and has been appi °lied as a order of the superioi cow t in the county in which it is published and een foi mole than so. months prim to the date of the publication to, published in the English language continually as a daily news County, lo‘% and during all of said time was printed in an office maintained cc of publication of said newspaper That the annexed is a true ,al advertisement tnklin Ord. it 2249 egular and entire issue of the Tri City Herald itself and not in a l ot a period of i lay of one l'iarch tme .-60-i-a-datwizoizei1s, commencing 8 19 , and day of 19 , and that said f $ 2 58.0 0 has been paid in full, also at the rate of ij1 ,U 6.00 = 258.00 10 /C t)c, ;a befoi e me this 16th day of Jar oh ,19 81 iai uc , 0 U1N Pt NV otil y Public in and I'm the_ State of Washington i csiding at Pasco )1.4 said centerline to the cen- GOUN 11' OF AF riDAVI1 OF PUBLICATION Franklin )s s 1"-- — °reada ble ignial SI A I OP WASHINGTON Phyl] is Graves , being first duly sv‘orn on oath deposes and saN s she a daily MN\ SPapel lecal newsnanei by nonce of the City Council Such warrants and bonds shall be said In such man ner as the City Council shalt hereafter determine Section 6 All the work necessary to be done in connection with the making of such improvements shall be dore by and made by contract upon competitive bids and the City shall have and reserves the right to relect any and all bids The call for blds for work accoraance with standards established by the City in cluding the necessary exca vation grading, ballasting, osphalt concrete surfacing, curbs gutters sidewalks and all other work neces sary m connection therewith and Incidental thereto Unit 3 The improvement of Nixon Street from 3rd Avenue to 4th Avenue In accordance with standards established by the City in- cluding the necessary excoii ly diSil buted to its subscribers dui mg all of this period vation, grading ballasting, ' asphalt concrete surfacing curbs, gutters sidewalks and all other work neces sary in connection therewith and Incidental thereto Exhibit B Unit 1 That -portion of the southeast quarter north east quarter Section 30 T9N R30 EWM Beginning with the center of Section 30 T9 N R30 EWM thence northerly to the centerline of Nixon Street thence easterly along said centerline to the cen- terline of 10th Avenue, the true point of beginning thence northerly along said centerline to centerline ot Henry Street, thence easter ly along said centerline to the centerline of 5th Ave- nue, thence southerly along Lily or I Washingion Ordinance No 2249 An ordinance ordering the imwavement of certain streets within the City of Pasco Washington all In accordance with Resolution No 1406 of the City Coun cli, establishing Local im provement District No 112, 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 lo- cal Improvement district warrants redeemable in cash and local improvement district bonds Whereas, by Resolution No 1406 adopted February 17, 1981, the City Council declared Its Intention to or der the Improvement of certain streets within the City, all In accordance with the plans and specifications prepared by Department of Public Works of the City and approved by the City Engineer, and fixed March 9, 1981, at 8 00 P m , local time, In the Council Cham _berS1/4-9 1 ,,i1la ofittv „ttillicAge 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 certain streets within the City as more particularly set forth In Ex hibit A attached hereto and by this reference in- corporated herein All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the City Deportment of Public Works and approved by the City Engineer and may be modified by the City Coun cil as long as such molidi cation does not affect the purpose of the Improvements Section 2 There Is hereby created and established a local Improvement district to be called Local Improve- ment District No 112 of the City of Pasco, Washington, 4 which District Is more par- ticularly described in Exhib- it 8 attached hereto and by this reference in corporated herein Section 3 The total esti March 10, 1981 In City Herald P O. Box 2608 Pasco, Washington 99302 Gentlemen, Please publish the attached Ordinance No 2249 on the following date March 13, 1981 Please send two (2) Affidavits of Publication. Sincerely yours, Mrs. Evelyn Wells City Clerk ew FINAN(E DEPARTMENT (509) '),45 3401 Sean 726 3401 CITY of ..,:tmmv:gi.1nYeijklzili414,-.0x-:;n . • ..elfit". W6W1ALIE040: P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 March 3, 1981 Tn City Herald P 0 Box 2608 Pasco, Washington 99302 Gentl emen Please publish the attached Ordinances on the following date March 6, 1981 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew -