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