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HomeMy WebLinkAbout2277 Ordinancev , CITY OF PASCO, WASHINGTON ORDINANCE NO. 2277 AN ORDINANCE ordering the improvement of the Sylvester Park area all in accordance with Resolu- tion No. 1434 of the City Council; establishing Local Improvement District No. 115 ; 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 district bonds. l WHEREAS, by Resolution No. 1434 adopted June 8, 1981, the City Council declared its intention to order the improvement of the Sylvester Park area, all in accordance with the plans and specifi- cations prepared by the City Department of Public Works and approved by the City Engineer, and fixed June 25, 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 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 informa- tion in his possession touching the proposed improvement, a descrip- tion 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 improvement of the following streets in accordance with standards established by the City, including the necessary excavation, grading, ballasting, asphalt concrete surfacing, curb, gutters, sidewalks, drainage facilities and all other work necessary 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. 2 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 a such modification 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. 115 of the City of Pasco, Washington, which District is more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein. Section 3. The total estimated cost and expense of the improvement is hereby declared to be $ 187,959.94. The entire 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 here- in ordered to be assessed, such warrants to be payable out of the "Local Improvement Fund, District No. 115 ," 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 here- after established by the City Director of Finance as issuing officer and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest-bearing warrants to be ... _ 3 T. hereafter referred to as "revenue warrants." The City is author- ized 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 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. 115 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 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 and a penalty at a rate to be hereafter fixed by ordinance. 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. 115 ." 4 Section 7. There is hereby created and established in the office of the Treasurer of the City for Local Improvement District No. 115 a special fund to be known and designated as "Local Improvement Fund, District No. 115 ," 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 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 25th day bf June, 1981. APPROVED AS TO FORM: • # 4.4 f i f c EXHIBIT A 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 pro- perty 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 center- line of Nixon Street, thence westerly along said center- line 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 FINANCE DEPAR1MENT 1509) 515 3101 Scan 726-3401 CITY of , - P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 June 26, 1981 614,4, 2-7 7 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentl emen Please publish the attached Ordinance No 2277 one time only and as soon as possible Please send three (3) Affidavits of Publication , Sincerely yours, Evelyn Wells City Clerk