HomeMy WebLinkAbout2359 OrdinanceCITY OF PASCO, WASHINGTON
ORDINANCE NO. 2359
AN ORDINANCE ordering the improvement of West
Irving Street, all in accordance with Resolution
No. 1506 of the City Council; establishing Local
Improvement District No. 116 and ordering
the carrying out of the proposed improvement;
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. 1506 adopted April 19, 1982, the
City Council declared its intention to order the improvement of
West Irving Street, and fixed May 17, 1982, 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 infor-
mation in his possession touching the proposed improvement, a
description of the boundaries of the proposed Local Improvement
District (the "District"), a statement of what portion of the cost
and expense of the improvement should be borne by the property
within the proposed 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 pro-
posed 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 objections to
the proposed improvement were duly considered and overruled by the
City Council and all persons appearing at such hearing and wishing
to be heard 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 the 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"), orders the construction of street and sewer improve-
ments to Irving Street from Road 28 to Bypass by the necessary
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excavation, grading, ballasting and asphalt and concrete surfacing,
and the installation of curbs, gutters, sidewalks, drainage facili-
ties, illumination and necessary sanitary sewer trunk lines and
laterals, manholes, side sewer service lines and other appurtenances,
together with all work necessary in connection with such street and
sewer improvements and incidental thereto, such improvements being
one continuous unit of the improvement.
All of the foregoing shall be in accordance with the plans and
specifications therefor prepared by the City Engineer, and may be
modified by the City Council as long as such modification does not
affect the purpose of the improvement.
Section 2. There is created and established a local improve-
ment district to be called Local Improvement District No. 116 of
the City of Pasco, Washington (the "District"), the boundaries
or territorial extent of which District being more particularly
described as:
That portion of properties in the north half of
the northeast quarter of the southwest quarter
of Section 25, T9N, R29 E.W.M. that border
Irving Street from 28th Avenue west to the
bypass highway U. S. Highway 410.
Section 3. The total estimated cost and expense of the
improvement is declared to be $74,479.72. Approximately $8,220.00
of the cost and expense shall be paid by the City and the balance
of such cost and expense shall be borne by and assessed against the
property specially benefited by such improvement included in the
District embracing as nearly as practicable 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 may be
issued in payment of the cost and expense of the improvement herein
ordered to be assessed, such warrants to be paid out of the "Local
Improvement Fund, District No. 116 ," 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 pur-
chaser thereof, to bear interest from the date thereof at a rate to
be established hereafter by the City Finance Director, 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 hereafter referred to as "revenue warrants." In the
alternative, the City hereafter may provide by ordinance for the
issuance of other short-term obligations pursuant to Chapter 216,
Laws of 1982.
The City is authorized to issue local improvement district
bonds for the District which shall bear interest at a rate and to
be payable on or before a date to be hereafter fixed by ordinance.
The bonds shall be issued in exchange for and/or in redemption of
any and all revenue warrants issued hereunder or other short-term
obligations hereafter authorized and not redeemed in cash within
twenty days after the expiration of the thirty-day period for the
cash payment of assessments without interest on the assessment roll
for the District. 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 fixed hereafter by ordinance under the mode of
"payment by bonds," as defined by law and the ordinances of the
City. The exact form, amount, date, interest rate and denominations
of such bonds shall be fixed hereafter by ordinance of the City
Council. Such bonds shall be sold in such manner as the City
Council hereafter shall determine.
Section 6. In all cases where the work necessary to be done
in connection with the making of such improvement is carried out
pursuant to contract upon competitive bids, the call for bids
shall include a statement that payment for such work will be made
in cash warrants drawn upon the "Local Improvement Fund."
Section 7. There is created and established in the office of
the City Finance Director for the District the "Local Improvement
Fund," 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 connec-
tion 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.
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City Attorney
Section 8. Within fifteen days of the passage of this
ordinance there shall be filed with the City Finance Director
the title of the improvement and District number, a copy of the
diagram or print showing the boundaries of the District and the
preliminary assessment roll or abstract of such roll showing
thereon the lots, tracts and parcels of land that will be specially
benefited thereby and the estimated cost and expense of such
improvement to be borne by each lot, tract or parcel of land.
The City Finance Director shall immediately post the proposed
assessment roll upon her index of local improvement assessments
against the properties affected by the local improvement.
PASSED by the City Council of the City of Pasco, Washington,
this 17th day of May, 1982, and signed in authentication of its
passage this 17th day of May, 1982.
AUTHENTICATED:
APPROVED AS TO FORM:
City of Pasco, Washington
Ordinance No 2359
An ordinance ordering the
improvement of 'West Irving
Street, on in accordance
with, Resolution No 1506 of.
the City Council, estob- I
lishIng Local Improvement
District No 116 and order
ing the carrying out of the
Proposed improvement pro-
viding that poyment for the
Improvement be mode in
Port by special assessments
won lite 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 bongs
Whereas, by Resolution
No 1506 adopted April 19, /
1982, the City Council ' de-
ciorce Its intention to order
The Improvement of West
I Irtel,e Street, ond fixed
Mae" 1, 19S2, at 0 00 pm,
leen! Imo, In the Council
Chambers of the City Ha"
as the timo and Place for
hawing oil matters relating
to the proposed improve-
ment and all obiectIons
thereto and for determining
the method of payment for
The Improvement, and
Whereas, the City Engi
neer caused on estimate to
be mode of the cost and
ettpense of the proposed Im
provement and certified that
estimate to the City Council,
, together with oil papers
and Information in his cos
session touching the pro-
posed Improvement, a
description of the bound
arias of the proposed Local
Improvement District (the
"District 1, a statement of
what portion of the cost
and expense of the Im
Provement should be borne
by the property within the
Proposed District, a state-
ment 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 Im
Provements in the proposed
District, according to the
valuation last placed upon
it for the purpose of gener
ol taxation, and
Whereas that estimate Is
accompanied by a diagram
of the Proposed Improve-
ment showing thereon the
lots, tracts, parcels of land,
and other property which
will be spec ally benefited
by the proposed improve-
ment and the estimated
cost end etteense thercet to
h'''
1••^r^-, Ni 01,61 tat te_act_
and parcel of land or other
properly, and
Whereas, due notice of
i the above hearing was giv-
en In the manner provided
by low, and the hearing
was held by the City Coun-
, cli on the date and at the
time above mentioned, and
all oblectlons to the Pro-
posed improvement were
duly considered and over
ruled by the City Council
and all persons appearing
at such hearing and wish-
ing to be heard 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 tee
District be created In con.
nection therewith, 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 ), or-
ders the construction of
street and sewer Improve
ments to Irving Street from
Rood 28 to Bypass by the
necessary excavation, grad-
ing, ballasting and asphalt
and concrete surfacIne, and
the Installation of curbs,
gutters, sidewalks, drainage
facilities Illumination and
necessary sanitary sewer
trunk lines and laterals,
manholes, side sewer serv
ice lines and other aPPurte-
nances, together with all
work necessary In con-
nection with such street and
sewer Improvements and In-
cidental thereto, such im-
provements being one
continuous unit of the
Improvement
All of the foregoing shall
be in accordance with the
plans and specifications
therefor prepared by the
City Engineer, and may be
modified by the City Coun-
cil as long as such modla
cation does not affect the
purpose of the
improvement
Section 2 There Is cre-
ated and established o local
Improvement district to be
called Local Improvement
District No 116 of the City
of Pasco, Washington (the
"District"), the boundaries
or territorial extent of
which District being more
particularly described as
That portion of properties
In the north half of the
northeast quarter of the
southwest quarter of Section
25, T9N, R29 E W M that
border Irving Street from
28th Avenue west to the be
pass highway U S Highway
-410
Section 3 The total estl
mated cost and expense of
the improvement is de-
dared to be 574,479 72 Ap-
proximately 88,220 00 of the
cc:1st and expense shall be
paid by the City and the
balance of such cost and
expense shall be borne by
and assessed against the
property specially benefItted
by such improvement in
eluded in the District em
bracing as nearly as
practicable all property spe-
cially 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 as
sessments which moe be
deemed to fairly reflect the
special benefits to the prop-
ertIes being assessed
Section 5 Local Improve-
ment district warrants may
be issued in payment of the
cost and expense of the im
Provement herein ordered
to be assessed, such war
rants to be paid out of the
Local Improvement Fund,
District No 116," here-
inafter created and referred
to as the 'Local Improve-
ment Fund,' and, until the
bonds referred to In this
section are issued and de-
livered to the purchaser
thereof, to bear interest
from the dote thereof at a
rate to be established here-
after by the City Finance
Lireetor, as Issuing officer,
and to be redeemed Ir
cash and/or by local Im
provement district bonds
herein authorized to be is-
wed, such Interest-bearing
warrants to be hereafter
ferred to as "revenue war
rants" In the alternative,
the City hereafter may pro-
, vide by ordinance , for the
Issuance of other short term
obligations pursuant to
Chapter 216, Lows of 1902
The City is authorized to
Issue local Improvement die
trIct bonds for the District
which shall bear Interest at
a rate and to be payable
on or before a date to be
hereafter fixed by Ordi
ponce The bonds shall be
Issued In exchange for and/
or in redemption of any
and oil revenue warrants
Issued hereunder or other
short-term obligations here
alter authorized and not re-
deemed In cash within
twenty days after the mei-
ration of the thirty-day peri-
od for the cash payment of
assessments without interest
on the assessment roll for
the District The bonds
shall be redeemed by the
collection of special assess-
ment to be levied and as-
sessed against the prof/telly
within the District, Payable
in annual Installments, with
Interest at a rate to be
fixed hereafter by ordinance
under the mode of "Pay-
ment by bonds,' as defined
by law and the ordinances
of the City The exact form,
amount, date, interest rate
and denominations of such
bonds shall be fixed here-
after by ordinance of the
City Council Such bonds
shall be said In such man-
ner as the City Council
hereafter shall determine
Section 6 in ail cases
where the work necessary
to be done in connection
with the making of such
Improvement is carried out
Pursuant to contract upon
competitive bids, the call
for bids shall Include a
statement that payment for
such work will be made In
cash warrants drawn upon
the "Local Improvement
Fund"
AFFIDAVIT OF PUBLICATION
COUNTY OF Franklin
STATE OF WASHINGTON
) s s
Phyllis Graves , being first duly sworn on oath deposes
and says she is the Principal Clerk of the Tri-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
hereinaftdr referred to, published in the English language continually as a daily news-
paper 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
copy of a legal advertisement
Ord. # 2359
as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a
supplement thereof, for a period of
1 on the 21st day of May
one time clilYsifaatWe,Xaeki, commencing
,1982 , and
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 $ 191.40 has been paid in full, also at the rate of
29 in.@ 6.60 = 191.4-0
Subscribed and sworn to before me this 21st day of May ,19 82
Notary Public in and for the State of Washington residing at Pasco
Section 7 There Is cre-
ated and established In the
office of the City Finance
Director for the District the
"Local Improvement Fund"
Into which fund shall be de-
posited the Proceeds from
the sale of revenue war
rants drown against the
fund which may be issued
and sold by the City and
collections pertaining to as
sessments, and against
which fund shall be issued
cash warrants to the con
tractor 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 Within fifteen
days of the passage of this
ordinance there shall be
filed with the City Finance
Director the title of the Im
provement and District
number, a copy of the dla
gram or print showing the
boundaries of the District
and the preliminary assess
ment roll or abstract of
such roll showing thereon
the lots, tracts and parcels
of land that will be special
iv benefited thereby and the
estimated cost and expense
of such improvement to be
borne by each lot tract or
Parcel of land The City Fl
noce Director shall immedl
, etch/ post the proposed
assessment roll upon her
index of local Improvement
assessments against the
properties affected by the
local improvement
Passed by the City Councl
of the City of Pasco, Wash
ington, this 17th day of
May 1982 and sioned in
authentication of its passage
this 17th day of May, 1982
s E A Snider
Mayor
Authenticated
s Evelyn Wells
City Clerk
Approved as to form
s Greg Rubstello,
City Attorney
Legal No 12947 — May 21,
1982
FINANCE DEPARTMENT
(509) 545-3401
Scan 726 3401
CITY
of
-
P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301
May 1P, 1082
Tri City Herald
P 0 Box 2608
Pasco, Washington 99302
Gentlemen
Please publish the attached Ordinances on the following
date
May 21, 1982
Please send two (2) Affidavits of Publication for each
except for Ordinance No 2359, and I will need three (3)
Affidavits for that Ordinance
Sincerely yours,
Evelyn Wells
City Clerk
ew