Loading...
HomeMy WebLinkAbout2276 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 2276 AN ORDINANCE ordering the installation of specific water transmission and distribution mains to City standards within the City, all in accordance with Resolution No. 1431 of the City Council; establishing Local Improvement District No. 114; providing that payment for the improvement be made in part 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 district bonds. WHEREAS, by Resolution No. 1431 adopted May 18, 1981, the City Council declared its intention to order the installation of spe- cific water transmission and distribution mains to City standards within the City, all in accordance with the plans and specifica- tions prepared by Michener Associates, Inc., consulting engineers, and approved by the City Engineer, and fixed June 22, 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, the City Engineer or Michener Associates, Inc., consulting engineers, 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 their 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, 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 installation of the necessary water transmission mains, fire hydrants, valves and other appurtenances for the purposes of supplying water for domestic use and fire protection 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 Michenor Associates, Inc., 2 consulting engineers, and accepted by the City Engineer, as the same may be modified by the City Council as long a such modifica- tion does not affect the purpose of the improvement. Section 2. There is hereby created and established 'a local improvement district to be called Local Improvement District No. 114 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 im- provement is hereby declared to be $736,610 30 . The entire cost and expense of the improvement 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, except that up to the first $85,000 of the cost of the water line to be installed in Cedar Street from Lewis Street to "A" Street shall be borne by the City from funds available to it. 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. 114," 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 established by the City Director of Finance as issuing officer and to be redeemed in cash and/or by local _ 3 _ 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 dis- trict bonds for the District which shall bear interest at a rate to be hereafter fixed by ordinance, shall be payable on or before a date to be determined later by the City Council, 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 City Treasurer of notice that the assessment roll for Local Improvement District No. 114 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 annual installments, with interest at a rate to be here- after 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 and a penalty at a rate to be hereafter fixed by ordinance. The exact form, amount, date, inter- est rate and denominations of such 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. 114." - 4 - Section 7. There is hereby created and established in the office of the Treasurer of the City for Local Improvement District No. 114 a special fund to be known and designated as "Local Improve- ment Fund, District No. 114," 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 per- taining 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 special open public meeting thereof of which due notice was given in the manner provided by law, this 22nd day of June, 1981. ATTES APPROVED AS TO FORM: bilt6 Atto-ney Cit EXHIBIT A Make domestic water improvements in accordance with standards established by the City of Pasco, including installation of the necessary water transmission mains, fire hydrants, valves and other appurtenances for the purpose of supplying water for domes- tic use and fire protection, all in accordance with the plans and specifications prepared by Michener Associates Inc., Con- sulting Engineers, and accepted by the City Engineer, generally along the following described alignment: Beginning at the intersection of East Lewis and South Cedar Streets at a point of connection with existing city water system, thence southerly along South Cedar Street to East "A" Street, thence continu- ing southerly across East "A" Street to a point lying 600 feet north of the center of Section 33, Township 9 North, Range 30 East, W.M., thence easterly to a point lying 600 feet north of the center of Section 34, Township 9 North, Range 30 East, W.M., said point being within Road 40 East right-of-way, thence north- erly along Road 40 East to the intersection of Road 40 East and East B Circle Drive, thence along East B Circle Drive to a point lying approximately 350 feet north of the end of East B Circle Drive, thence westerly returning to said point on Road 40 East lying 600 feet north of the center of Section 34, thence southerly along Road 40 East to the intersection of Road 40 East and Sacajawea Park Road, and all work deemed necessary in connection with the above listed improvements and considered incidental thereto. EXHIBIT B Elliott's Addition, Block 2, Lots 4 and 5 including vacated alleys and streets, TOGETHER WITH: Willetta's Addition, Block 3, Lots 14-21; Block 4, Lots 9-24; All of Block 5; All of Block 6; All of Block 11; All of Block 12; including vacated alleys and streets, TOGETHER WITH: The East Half of the Southeast Quarter of the Northwest Quarter of Section 33, TOGETHER WITH: The East Half of the Northeast Quarter of the Southwest Quarter of Section 33 north of a line lying 100 feet north of the center- line of the S.P.&S. Railroad mainline track, TOGETHER WITH: The Northeast Quarter of Section 33 EXCEPT the north 330 feet, TOGETHER WITH: The West Half of the Southeast Quarter of Section 33 north of a line lying 100 feet north of the centerline of the S.P.&S. Rail- road mainline track, TOGETHER WITH: The East Half of the Southwest Quarter of Section 33 north of a line lying 200 feet north of the S.P.&S. Railroad mainline track, TOGETHER WITH: The South Half of the Northwest Quarter of Section 34, TOGETHER WITH: The South Half of the North Half of the Northwest Quarter of Section 34, TOGETHER WITH: The South Half of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 34, 1. TOGETHER WITH: The South 300 feet of the West Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 34, TOGETHER WITH: The East Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 34, TOGETHER WITH: The Southwest Quarter of Section 34 lying North of the S.P.&S. Railroad right-of-way, TOGETHER WITH: Short Plat 79-19, Lots 1, 2, 3, and 4, TOGETHER WITH: All of the Northeast Quarter of Section 34 lying West of State Highway SR 395 EXCEPT the North 330 feet of the East 1924 feet, TOGETHER WITH: All of the Southeast Quarter of Section 34 lying North of Sacajawea Park Road, All within Township 9 North, Range 30 East of the Willamette Meridian. 2. City of Pasco, Washington Ordinance No. 2276 An ordinance ordering the Installation of specific water transmission and distribution mains to City standards within the City. all in ac- cordance with Resolution No. 1431 of the City C.Oun- ell, establishing Local ffovement District No 114, Providing that payment for t9t2 Improvement be made in part by sPecial assess- iwznts upon the Property In DitiriCto payable by the mode of "payment by ors,• and providing for the. Issuance and sale of lo- co) improvement district warrants redeemable in cash and local improvement district bonds Whereas, by Resolution alo 1431 adopted May 18, 1901, the City Council de- ;dared its intention to order the Installation of specific l water transmission and dis- tribution mains to City standards within the City, all In accordance with the Dian c'T.T1 EPecificotions gre- y Associ- ates, Inc , consulting ona:rocers, and approved by the City Engineer, and fizzed June 22, 1981, at 8 OD p m • local time, in the Council Chambers of Me City Hall as the time and ,place for hearing all mat- ters relating to the pro- Poscl improvement and all oblections thereto and for determining the method of Payment for the improve- ment, and Wh2reas, the City Engi- neer Of Kitchener Associ- ates. Inc , consulting onglacers, caused an esti- ma-^e to be made of the cost and expense of the pro,-,„-e..,), Imorovement and cenCed that estimate to the City Council, together Vint el papers and infor- mare? in their possession touching the proposed im- provoment, a description of the boundaries of the Dis- trict, a statement of what Portion of the cost and en- tame of the improvemer;os should be borne by tao 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 I accompanied by a diagram of the proposed improve- ment showing thereon the lots, tracts. parcels of land, and other properly which will be specially benefited by the proposed improve- ment and the estimated and expense thereof to be bcpme by each lot, tract and par- cel of land or other proper- ty, 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- cii 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 oil 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 cre- oted ir . connection there- with, now, therefore. The City Council of the City of Pasco, Washington do ordain as follows of 6,1ac, lei - assessments to Section s1 The City Court- o aufer; and assessed di of the City of Niue, -iv) the proporty oiaara Washington (the "City"). Ci.-2 L-3 :61riat. PatiatO in go-- hereby orders the instal I tion of the necessary amt.°, v noel installments, with (Mr- est b transmission mains, re at a rate to hydrants, valves and °Mow 3rchitor fined by ordinance appurtenances for the our- az‘nr tae. rnWe of "Pay- Poses of supplying water ment by bonds," as defined b for domestic use and fire by law and the ordinances Of the City In the case of protection as more particu-' tarty described In Exhibit A default in the payment of attached hereto and by this reference incorporated herein All of the foregoing shall be in accordance with the ) Plans and specifications therefor prepared by Mich- , enor Associates, Inc, con- sulting engineers, and accepted by the City Emi- 1 neer, as the same may be modified by the City Coun- cil as long a such modifica- COUNTY OF Franklin AFFIDAVIT OF PUBLICATION iss rants to pony° 6 _ e ? after its passage and five the "Local OrD7oueo-erf, (5) days following its pub- Fund, DisturdC We 1114 ferred to in this section are byregthu eiredCityby Cl ooutvn- hereinafter cr(zPrd. ef, re- .. licpaatIsosnedas Issued and delivered to the cli and approved by the thereof, to bear Mayor of the City of Pasco Purchaser thereof, , poclot interest from the date Washington, at a s thereof at a rate to be open public meeting there hereafter established by the of which duo notice was given in the manner provid- City Director of Finance as ed by low, this 22nd day of deemed in cash and/or by - issuing officer and to be re- June, 1981 local improvement district s- E A Snider Mayor bonds herein authorized to Attest be issued, such interest- -s- Evelyn Wells bearing warrants to be City Clerk hereafter referred to as Approved as to form "revenue warrants" The -s- Dennis J De Felice City Is authorized to issue City Attorney local improvement district Exhibit A bonds for the District which I Make domestic water lm- shall bear interest at a rate Provements In accordance to be hereafter fitted by or- with standards established dinance, shall be Payable by the City of Pasco, in- on or before a date to he cluding installation of the determined later by the necessary water transmis- CC* Council, the life of the slon mains, fire hydrants, improvement ordered being valves and other apourte- hat lees than the term of nances for the purpose of the bonds, and shall be le- supplying water for domes- sued in exchange for and tic use and fire protection, in redemption of any and all in accordance with the all revenue warrants Issued plans and specifications pre- hereunder and not re- oared by Michener Associ- cteemuf in cash within a etas Inc • Consulting period of not to exceed sin- Engineers, and accepted bY tY days after the first as5b- the City Engineer, generally [(cation by the City along the following de- Treasurer of notice that the scribed alignment assaosment roll for Local SeelnnIng at the inter- Ograrayement District Ns section of East Lewis and 1114 is hi her hands for co.^,- South Cedar Streets at a lection The bonds shall bo point of connection with ex- reSoemed by the collectis -3 (sting city water system, thence southerly along South Cedar Street to East "A" Street, thence contin- uing) southerly across East "A" Street to a point lying 600 feet north of the center of Section 33, Township 9 North, Range 30 East, W M , thence easterly to a point lying 600 feet north of the center of Section 34 Township 9 North, Ranee 30 East, W M, said point being within Road 40 East right- of-way, thence northerly along Road 40 East to the Intersection of Road 40 East and East 8 Circle Drive, thence along East (3 Circle Drive to a point lying ap- proximately 350 feet north of the end of East Et Circle Drive, thence westerly re- turning to said point on Road 40 East lying 600 feet north of the center of Sec- tion 34, thence southerly along Road 40 East to the Intersection of Road 40 East and Sacalawea Park Road, and all work deemed nec- essary In connection with the above listed improve- ments and considered in- ciciontal thereto Exhibit Ei Elliott's Addition, Block 2, Lots 4 and 5 including va- cated alleys and streets, to- gether with Willeita's Addition, Block 3, Lots 14-21, Block 4, Lot , 9-24, All of Block 5, All o Block 6, All of Block 11, All of Block 12, Including vacated alleys and streets. provement shall be borne of the City for Local I The East Half of the by and assessed against property specially ber:-.1E nc .d' Southeast Quarter of the by such improvement In- Promment District No 4 Northwest Quarter of Sec cluded In the local imx-ose- a special fund to be knc , tion 33, together with ment district ho-cAn and designated as "Lc - The East Half of the established embracinti cc Improvement Fund, Mee , Northeast Quarter of the Rear OS May be all prao f - No 114," into which 4...;,-2 Southwest ' Quarter of Sec- t( specially benefited ht, shall he deposited the pro- tion 33 north of a line lying such improvement, erre& ceeds from the sale of rev- 100 feet north of the center- that up to the first t415,ira enuo warrants drawn line of the SP&S Railroad of the cost of the water against the fund which may mainline track, together line to be installed In Cedar be Issued and sold by the with City and collections per- Street from Lewis Street to The Northeast Quarter of "A" Street shall be borne taming to assessments, and Section 33 except the north by the City from funds against which fund shall be 330 feet, together with available to It issued cash warrants to the The West Half of the Section 4 In accordance contractor or contractors in Southeast Quarter of Section with the provisions of FICW payment for the work to be 33 north of a line lying 100 35 44 047, the City may use done by them in connection feet north of the centerline STATE OF WASHINGTON paper in Washington, and at the aforesaid copy of a supplement thereof, for a period of on the 26th day of June lion does not affect the I Council shall hereafter purpose of the determine lawrevement Section 6 All the work necessary to be done In Sedion 2 There is hereby 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 urporated herein statement that payment for Section 3 The total esti- such work will be made In mated cost and ettpenso ofl cash warrants drawn Up019 of the Improvement Is here-- _by declared to be S736410 30 The entire cost and ekpense of the im- creat ed and established a Fecal improvement district , fa ir''-ccilled Local Improve- neer' District No 114 of the Cat, of Pasco, Washi-gton, whien District Is more par- , ticulcrly described In Ekhito- 'Ea attached hereto and by this reference In- ...,-, the office of the Treasu-c- together with ,he "Local Improvement Fund, District No 114" Section 7 There Is hereby created and established in am assessment when the same shall become due, there shall be added inter- est and a penalty at a rate to be hereafter fixed by or- dlnance The exact form, amount, date, interest rate and denominations of such bonds shall be hereafter fixed by ordinance of the aty Council Such warrants and bonds shall be sold In such manner as the City me & methods to compute cr against which fund cosh r mainline sessments which may be warrants shall be issued In with deemed to fairly reflect the Payment for all other items special td of expense In connectionnefits to the prop- with the m• • at ernes being assessed with the improvement and f any method or combination &S Railroad track, together arialiraircilaw commencing , 19 8 1 , and ,19 81 Phyllis Graves , being first duly sworn on oath deposes and says she is the Principal Clerk 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- as it was printed in the regular and entire issue of the Tr' City Herald itself and not in a 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 $360 . 00 has been paid in full, also at the rate of 60 in.@ 6 „ 00 = 360 . 00 (124j,- Subscribed and sworn to before me this 11129 th day of June Porvernenrs - r Section 8 This ordinance to be taqsassett -,scA COO ORO - ,"- c ' , shall take effect from and be Iss4c , Section 5 Lasal ny-fwe,,A- Notary Public in and for the State of Washington, residing at me-it -az' co Pasco Franklin County, is now and during all of said time was printed in an office maintained place of publication of said newspaper That the annexed is a true legal advert] sement Ord. # 2276 one time The East Haif of the Southwest Quarter of Sec-tion 33 north of a line lyre 200 foot north of the S P &S Railroad ihar"he track. together with The South Half of the Northwest Quarter of Sec- tion 34, together with The South Half of the North Half of the Northwest Quarter of Section 34, to- gether with The South Half of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Sec- tion 34, together with The South 360 feet of the West Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 34, to- gether with The East Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Sec- tion 34, together with The Southwest Quarter of Section 34 lying North of the S P E,S Railroad right- of-way, together with Short Plat 79-19, Lots 1, 2, 3, and 4, together with All of the Northeast Quar- ter of Section 34 lying West of State Highway SR ,92 except the North 330 feet of the East 1924 feet, together with All of the Southeast Quar- ter of Section 34 lying North of Sacalawea Park Road, All within Township 9 North, Range 30 East of the Willamette Meridian Legal No 10909 - June 26, 19(11 FINANCE DIPARTMENT (509) 545 3401 Scan 726-3401 CITY of P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 June 23, 1981 Tri City Herald P 0 Rox 2608 Pasco, Washington 99302 Gentlemen Please publish the attached Ordinance on the following date June 26, 1981 Please send three (3) Affidavits of Publication Sincerely yours, Evelyn Wells City Clerk ew