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HomeMy WebLinkAbout2250 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 2250 AN ORDINANCE ordering the improvement of certain streets within the City of Pasco, Washington, all in accordance with Resolution No. 1407 of the City Coun- cil; establishing Local Improvement District No. 1/3 • 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 local improvement district warrants redeemable in cash and local improvement dis- trict bonds. WHEREAS, by Resolution No. 1407 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 the Department of Public orks f the City and approved by the City Engineer, and fixed 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 improvement and all objections thereto and for determining the method of payment for the improvement; 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 HVitC4 1 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 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: 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 described 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. 11 ', 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 Unit 1 of the improvements is hereby declared to be $14 41)Treil. The total cost and expense shall be borne by and assessed against the prop- erty specially benefited by such improvements included in Unit 1 of the local improvement district herein established embracing as near as may be all property specially benefited by such separate non- continuous unit of the improvements. The total estimated cost and expense of Unit 2 of the improve- 492z,069.0 $ ments is hereby declared to be $505,-2G5.-5 -4-, of which the City's participation will be approximately $54,828.50 and the remaining 4867,240,5%; amount of approximately 030,437.04 shall be borne by and assessed against the property specially benefited by such improvements included in Unit 2 of the local improvement district herein estab- lished embracing as near as may be all property specially benefited by such separate non-continuous unit of the improvements. 3 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. j!3 ," 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 IT, 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 publication by the City Treasurer of notice that the assessment roll for Local Improvement District No. M3 is in her hands for collection. The bonds shall be redeemed by the collection of 4 special assessments to be levied and assessed against the property within the District, payable in 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 assess- ment 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 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. 173 . Section 7. There is hereby created and established in the office of the City Treasurer for Local Improvement District No. /0.3 a special fund to be known and designated as "Local Improve- ment Fund, District No. /13 ," 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 5 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. PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open public meeting thereof, this 16th day of March, 1981. APPROVED AS TO FORM: (ta .ALGA- Cit ,A torney mn De_ I 6 EXHIBIT "A" Unit 1: The improvement of the following streets within the City in accordance with standards established by the City, including the necessary excavation, grading, ballasting, asphalt concrete sur- facing, curbs, gutters, sidewalks, drainage facilities, illumination and all other work necessary in connection therewith and incidental thereto: Spokane Street from Oregon Avenue to California Avenue; and California Avenue from Broadway Street to Spokane Street. The improvement of Spokane Street from Oregon Avenue to California Avenue in accordance with standards established by the City by the installation of the necessary water mains, fire hydrants, valves and other appurtenances for the purpose of sup- plying water for domestic use and fire protection. Unit 2: The improvement of the following streets within the City in accordance with standards established by the City, including the necessary excavation, grading, ballasting, asphalt concrete sur- facing, curbs, gutters, sidewalks, drainage facilities, illumination and all other work necessary in connection therewith and incidental thereto: Wehe Avenue from Lewis Street to Parkview Boulevard; Beech Avenue from Lewis Street to Parkview Boulevard; Owen Avenue from Lewis Street to Broadway Street; Douglas Avenue from Lewis Street to Adelia Street; 0.14 ZLX-.5 tA)Ult AVIT. r 100 Ma MCA Ave. ro Alvina Street from-4441.6e. Avenue to A Elm Avenue; AL6gy t Min - F SZE4:14 George Street from6 Wehe Avenue to -E-1441. Avenue; Adelia Street from Wehe Avenue to Douglas Avenue; and Parkview Boulevard from Wehe Avenue to Owen Avenue. The improvement of the following streets within the City in accordance with standards established by the City, including the installation of the necessary water mains, fire hydrants, valves and other appurtenances for the purpose of supplying water for domestic use and fire protection: Wehe Avenue from George Street to Adelia Street; Wehe Avenue from Broadway Street to Parkview Boulevard; Parkview Boulevard from Owen Avenue to Wehe Avenue; Douglas Avenue from Alvina Street to Adella Street; George Street from Wehe Avenue to alley half block west of Wehe Avenue; Adelia Street from Wehe Avenue to alley half block east of Wehe Avenue; and Beech Avenue from Lewis Street to Alvina Street. The improvement of the following streets within the City in accordance with standards established by the City, including the installation of the necessary sanitary sewer trunk lines and laterals, manholes, side sewer service lines and other appurtenances: George Street from Wehe Avenue to Alley half block east of Wehe Avenue; Wehe Avenue from George Street to Adelia Street; Alvina Street from Douglas Street to alley half block west of Owen Avenue; - Owen Avenue from Alvina Street to Adelia Street; and Douglas Avenue from Alvina Street to Adella Street. EXHIBIT "B" Unit 1. That portion of the southeast quarter cf Section 20, 19N, R30, EM. Beginning with the section corner 20, 21, 29, 28 which is the inter- section of the centerlines of Parkview Boulevard and Wehe Avenue, thence, westerly along the south boarder line of Section 20 to the centerline of Oregon Avenue, thence southerly along the Oregon Avenue centerline to a point 165' (feet) north of the intersection of the Oregon Avenue centerline and the Spokane Street centerline which is the true point of beginning; thence, easterly along a line lying 165' (feet) north of and parallel to the centerline of Spokane Street to the centerline of California Avenue, thence southerly along the California Avenue centerline to the Spokane Street centerline; thence easterly along the Spokane Street centerline a distance of 165' (feet); thence southerly along a line 165' (feet) east of and parallel to the centerline of California Avenue to the centerline of Broadway (Chicago) Street; thence westerly along the Broadway (Chicago) Street centerline to a point 165' (feet) west of the centerline of California Avenue; thence northerly along a line 165' (feet) west of and parellel to the California Avenue centerline to a point 165' (feet) south of the centerline of Spokane Street, thence westerly along a line 165' (feet) south of and parellel to the Spokane Street centerline to the centerline of Oregon Avenue; thence northerly along Oregon Avenue centerline to the true point of beginning. , - That portion of the northwest quarter of Section 28 TM R30, EWM. Beginning at the section corner 20, 21, 29, 28 which is the intersection of Wehe Avenue and Parkview Boulevard and the true point of beginning; thence, westerly along the Parkview Boulevard centerline a distance of 165' (feet, thence southerly along a line 165' (feet) west of and parallel to the Wehe Avenue centerline to a point 160' (feet) north of the Alvina Street centerline, thence westerly along a line 160' (feet) north of and parellel to the Alvina Street centerline to the centerline of Charles Avenue, thence southerly along the Charles Avenue centerline to a point 160' (feet) south of the Alvina Street centerline, thence along a line 160' (feet) south of and parallel to the Alvina Street centerline to a point 165' (feet) west of the Wehe Avenue centerline, thence southerly along a line 165' (feet) west of and parellel to the Wehe Avenue centerline to the Lewis Street centerline; thence easterly along the Lewis Street centerline to the Elm Avenue centerline, thence northerly along the Elm Avenue centerline to the Adelia Street centerline; thence westerly along the Adelia Street centerline to the Douglas Avenue center- line; thence northerly along the Douglas Avenue centerline to the Broadway Unit 2: • Street centerline, thence westerly along the Broadway Street centerline to the Wen Avenue centerline; thence northerly along the Owen Avenue centerline to a polot 168'(feet) north oi the Parkview Boulevard centerline, thence a line 168' (feet) north of and parallel to the Parkview Bouleva ,d centerline to the centerline of Wehe Avenue, thence southerly along the Wehe Avenue centerline to the true point of beginning. EXCEPT the following portions: Highland Park Homes Addition, Block 30, Lets 10-16 Highland Park Homes Addition, Block 28, Lots 13-20 Wehe's First Addition, Block 10, Lots 15-23 Wehe's First Addition, Block 11, Lots 20-23 Wehe's First Addition, Block 12, Lots 20-27 - Un readable Original Subsci ibed and sworn to before me this 14th day of Apri 1 19 81 Notary Public in and for the State of Washington residing at Pasco BOOf ot Adiustm , Pasco, % Legal No 19, 1981 t-totIce o Please Dr Annus o petItio Planning questing I R 1 (Low Hal) to Home Su failowifl property Legal I 10 A M dition to I General bounded Douglas and Geon 1 Theret cerned I Public H by the P of the CI Ington It Chamber at the I Thursday that oil Pear and lions or Proctosed classifIco informati the Past 545-3441 s Gar Sec retc City Pb Commi Posco Legal N & 12, 19. Notice Please Robert I petition ning Cor the rez (Low C to C3 ( of the proper) Legal Elliott s Genera the soul r cal 01)Ct ii 3 of Kennewick from (Public Reserve) DIs RL" (Residential, Der'sItY) District for Imately, 875 acres lo- on the east side of Olympia Street at 22nd Avenue (COZ 80- noldson) City Council of the t Kennewick, Washing- ) ordain as follows n 1 Ordinance No is amended the ion- nonce of the City of 'rick and the Corn nsIve Zoning plan accompanying and part of said ordi ,hall be and hereby onged from PR' 3 Reserve) District to (Residential Low iv) District for the • operty described on A' which Is at I hereto and by this -nce Incorporated Exhibit 'A 'he County of Benton, Washington portion of the West t the Southwest guar Section 12, Township 'lb Range 29 East, Benton County, Wash described as follows meac ia a at the North- corner of the South- tuarter of sold Section 'once South 00°11 00 ' along the West line I for 1071 19 feet, South 8703 00' East '00 feet to the True of Beginning, thence 00°11 00 ' East for feet to a point on the line of Kennewick Third Addition ac to the plat thereof d In Volume 8 of loge 180 records of County Washington South 87°03 00 ' East said plat line for feet thence South East along said ie for 24 feet, more s to the Northerly of a private pedes Nalkway thence f sterly along said ly margin of said an walkway for 116 ore or less to a r the Easterly mar West 22nd Avenue it way, thence Nor Grid Westerly along 'siert ,/ and Northerly of said West 22nd right of way to the olnt of Beginning ,n 2 The City Coun- ts the amendments Pr t lo n 1 Al FIDAVIT OF PUBLICATION COUN Y OF Frank] in )ss STA FE OF WASHINGTON Phyllis Graves , being first duly sworn on oath deposes she Principal Cleik and says is the of the Tri City Herald, a daily new spapei 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 foi more than six months prior to the date of the publication het einafter ieferred to, published in the English language continually as a daily news papei 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 lea] advertisement Ord. 4 2250 as It was pi inted in the regular and entire issue of the TI i City Herald itself and not in a supplement thereof for a period of one title cltrIEOCROMITItN. commencing On the 12th day of April ,19 81 , and ending on the day of , 19 , and that said newspapet was i egularly distributed to its subscribers during all of this period That the full amount of $ 31 2 • 00 has been paid in full, also at the rate of 52 in.0 6.00 = 312.00 copy of a FINANCE UPPARTMENT (509) t5 3401 Scan 726-3401 ; %A , ./0 001.311t41'4" CITY of P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 April 7, 1981 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentl emen Please publish the attached Ordinances on the following date April 10, 1981 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew