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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 - 2 - 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. _ 5 - 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