HomeMy WebLinkAbout2497 OrdinanceCITY OF PASCO, WASHINGTON
ORDINANCE NO. 2497
AN ORDINANCE ordering the improvement of certain
streets in the area generally described as east of
Third Avenue, all in accordance with Resolution No.
1625 of the City Council; establishing Local Improve-
ment District No. 117 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 improve-
ment district warrants redeemable in cash or other
short-term financing and local improvement district
bonds.
WHEREAS, by Resolution No. 1625 adopted March 19, 1984, the
City Council declared its intention to order the improvement of
certain streets in the area generally described as east of Third
Avenue, and fixed April 16, 1984, 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 certi-
fied that estimate to the City Council, together with all papers
and information in his possession touching the proposed improve-
ment, 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
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
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 improvement of those city
streets in the area generally described as east of Third Avenue
and identified by markings on the map attached as Exhibit "A"
hereto and specifically incorporated herein by this reference.
The streets shall be improved in accordance with standards
established by the City of Pasco, including all necessary
excavation, grading, ballasting, asphalt concrete surfacing,
curbs, gutters, drainage facilities, and all other work
necessary in connection therewith and incidental thereto.
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
improvement district to be called Local Improvement District
No 117 of the City of Pasco, Washington (the "District"),
the boundaries or territorial extent of which District being
more particularly described in Exhibit B attached hereto and by
this reference incorporated herein.
Section 3. The total estimated cost and expense of the
improvement is declared to be $ 729,040 13 . Approximately
$ 193,000 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 117 ," 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 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
hereafter fixed 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 hereafter fixed by ordinance of the City
Council. Such bonds shall be sold in such manner as the City
Council shall hereafter 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 Treasurer 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 connection with the improvement, and
APP 0 D AS TO FORM:
0562p
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Attorney
110
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 (15) days of the passage of this
ordinance there shall be filed with the City Treasurer 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 bene-
fited thereby and the estimated cost and expense of such
improvement to be borne by each lot, tract or parcel of land.
The City Treasurer shall immediately post the proposed assess-
ment roll upon his index of local improvement assessments
against the properties affected by the local improvement.
PASSED by the City Council and APPROVED by the Mayor of the
City of Pasco, Washington, at a regular open public meeting
thereof, this 23rd day of April, 1984
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STREETS INVOLVED
1 Court Street From 4th Avenue to 1st. Avenue
2 Margaret Street From 3rd Avenue to 1st Avenue
3 Nixon Street From 3rd Avenue to 1st Avenue
4. Sylvester Street From 3rd Avenue to Tacoma Avenue
5. Shoshone Street From 3rd Avenue to Tacoma Avenue
6. Bonneville Street From 3rd. Avenue to Tacoma Avenue
7. 2nd. Avenue From Clark Street to Sylvester Street
8. 2nd. Avenue From Nixon Street to Margaret Street
9. 1st Avenue From Clark Street to Court Street
10. Tacoma Avenue From Clark Street to Sylvester Street
EXHIBIT "B"
LEGAL DESCRIPTION L.I.D. 117
That portion of Section 29, Township 9 North, Range 30 EWM as
follows:
Blocks 4, 5, 6, 14, 15, 16, 24, 25, and 26 of the Northern
Pacific Plat as recorded in Volume "II" page 32A records
of Franklin County, Washington
and;
Blocks 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15
and 16 of the Northern Pacific First Addition Plat as
recorded in Volume "B" of Plats, page 60, records of
Franklin County, Washington
and;
Beginning at a point in the northerly right-of-way line
of Sylvester Street, and its intersection with the
easterly right-of-way line of Third Avenue, said point
being 40 feet northerly of the centerline of Sylvester
Street and 40 feet easterly of the centerline of Third
Avenue, thence north along the easterly right-of-way line
of Third Avenue 380 feet, plus or minus to the southerly
right-of-way line of Nixon Street. thence easterly along
the south line of Nixon Street 876 feet, plus or minus
to the westerly right-of-way line of First Avenue; thence
southerly along the westerly right-of-way line of First
Avenue 380 feet, plus or minus to the northerly line of
Sylvester Street, thence westerly along the northerly
right-of-way line of Sylvester Street to the point of
beginning, also known as the old McLaughlin school site,
and;
A strip of land 120 feet in width lying easterly of the following de-
scribed line. Beginning at a point of intersection of the east right-
of-way line of Tacoma Avenue, with the north right-of-way line extended
of Clark Street, thence north along the east right-of-way line 1,138.95
feet to a point and the end of this description.
together with that part of the southwest quarter of Section 20,
Township 9 North, Range 30 EWM described as follows:
Beginning at the intersection of the north right-of-way
line of Court Street and the east right-of-way line of
Fourth Avenue, said point being 40 feet north of the
centerline of Court Street and 40 feet east of the center-
line of Fourth Avenue, thence north along the east right-of-
way line of Fourth Avenue 120 feet to a point, thence east
along a straight line 120 feet north of and parallel to the
north right-of-way line of Court Street, 876 feet to a point,
thence sough along a straight line 120 feet to a point on
the north right-of-way line of Court Street, thence west
along the north right-of-way line of CourtStreet 876 feet to
point of beginning.
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STATE OF WASHINGTON
Eileen Scott being first duly sin orn on oath deposes
and says eke is the Principal clerk of the Tn 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 here
inafter referred to published in the English language continually as a daily newspaper in
Pranklin
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 ad "Ordinance Nes 2 4 97
as It was printed in the regular and entirersue of the Tri City Herald itself and not in a supplement thereof for a period of consecutive weeks, commencing
on the 27th day of 4011 , 1434 , and
ending on the 270 day of April , 19 ell and that said newspaper was regularly„Alwtr44,ited to its subscribers during all of this period
That the full amount of $441 •?' has been paid in full also at the rate of
3li inchee og $6.90 0 11217.,5.
If
Subscribed and sworn to before me this day of April 19 84
Notar‘ Public in and for the State of Washington residing at Pasco
7
FINANCE DEPARTMENT
5091 545-3401
Scan 726-3401
ew
5 ely yours,
.401, tott,,d
yn Wells
City Clerk
P. O. BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301
April 24, 1984
Tri City Herald
P.O. Box 2608
Pasco, Washington 99302
Gentlemen:
Please publish the attached Ordinance No. 2497 on the
following date
April 27, 1984
Please send three (3) Affidavits of Publication.