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HomeMy WebLinkAbout2508 OrdinanceCITY OF PASCO,, WASHINGTON ORDINANCE NO. 2508 AN ORDINANCE ordering the improvement of certain streets within the City, all in accordance with Resolution No. 1634 of the City Council, establishing Local Improvement District No. 118 and ordering the carrying out of the proposed improvement, 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 improve- ment district warrants redeemable in cash or other short-term financing and local improvement district bonds. WHEREAS, by Resolution No. 1634 adopted June 18, 1984, the City Council declared its intention to order the improvement of certain streets within the City, and fixed July 9, 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 deter- mining 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 information in his possession touching the proposed improvement, a description of the boundaries of the proposed Local Improve- ment District (the "District") and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed District, and -0 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 construction and installa- tion of the improvement 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 the City Engineer, and may be modified by the City Council as long as such modification does not affect the purpose of the improvement. - 2 - Section 2 There is created and established a local improvement district to be called Local Improvement District No 118 of the City of Pasco, Washington (the "District"), the boundaries of 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 $ 289,363 22 Approximately $105,000 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 118," 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 -3- 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 - 41 _ 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 Improve- ment Fund, into which fund shall be deposited the proceeds from the sale of revenue warrants or other short-term obligations 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 contrac- tors 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 connec- tion 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. APPROVBV AS TO F : City Attorney PASSED by the City Council of the City of Pasco, Washington, this 9th day of July, 1984, and signed in authenti- cation of its passage this 9th day of July, 1984. AUTHENTICATED: EXHIBIT A STREET IMPROVEMENT: In accordance with standards established by the City of Pasco, including the necessary excavation, grading, ballasting, asphalt concrete surfacing, curbs, gutters, sidewalks, drainage facilities and all other work necessary in connection therewith and incidental thereto, all in accordance with the plans and specifications pre- pared by the City of Pasco, Department of Public Works, and approved by the City Engineer, for the following des- cribed streets: "A" Street from 20th Avenue to 28th Avenue 28th Avenue from "A" Street to Lewis Street SANITARY SEWER IMPROVEMENTS. In accordance with standards established by the City of Pasco, including installation of the necessary sanitary sewer, side sewer lines and other appurtenances, all in accordance with the plans and specifications prepared by the City of Pasco, Department of Public Works, and approved by the City Engineer, within the following described areas: "A" Street from 20th Avenue to 28th Avenue 28th Avenue from "A" Street to Lewis Street INCIDENTAL WORK: All work deemed necessary in connection with the above listed improvements and considered inciden- tal thereto, in accordance with the plans and specifications prepared by the City of Pasco, Department of Public Works, and approved by the City Engineer. EXHIBIT B That portion_of Sections 25 and 36, Township 9 North, Range 29 East Willamette Meridian, described as all those proper- ties all or part of which are contained within a strip of land 150 feet in width falling on each side of the follow- ing described line; Beginning at the Southeast corner of said Section 25 which is the intersection of the centerline of "A" Street and 20th Avenue, and the true point of beginning; thence westerly a- long the "A" Street centerline to the intersection with the centerline of Road 28; thence northerly along the centerline of Road 28 to the intersection with the centerline of Lewis Street, which is the end, together with Eagle Estates, Block 1, Lots 11 through 20, and Block 2, Lots 11 through 20, and Eagle Estates No. 2, Block 1, Lots 8 through 14 and Block 2, Lots 7 through 20 as further described as follows: Beginning at the Southeast corner Section 25, Township 9 North, Range 29 East Willamette Meridian, thence North along the East line said Section 25, 207 feet to a point; thence Westerly along a line 207' North of and parallel with the centerline of "A" Street to its intersection with the centerline of 22nd Avenue; Thence North along said centerline 22nd Avenue to its inter- section with the North line extension of Lot 20, Block 2, Eagle Estates No. 2 as recorded in Volume D, Page 57 of Franklin County Auditor's Records. Thence Westerly along said North line and North line extend- ed of said Lot 20 and the North line of Lot 7, Block 2, Eagle Estates No. 2 to the Northwest corner thereof; Thence Westerly along a straight line to the Northeast cor- ner of Lot 8, Block 1 of said addition, thence West along the North line of said Lot 8 to the Northwest corner thereof; Thence North along the West line of said Block 1 Eagle Es- tates No. 2 to the Northeast corner of Lot 1 of Short Plat 75-7 as recorded in Volume 1, Page 11 of Franklin County's book of Short Plats; Thence West along the North line and North line extended of said Lot 1 Short Plat 75-7 328.2 feet to a point 132.0 feet East of the East line of Block 2, Eagle Estates Addition as recorded in Volume D, Page 36 of Franklin County Auditor's Record; Thence Northwest along a straight line to the Northeast cor- ner of Lot 8 Block 2 said addition; thence South along the East line of Block 2 Eagle Estates Addition to the Northeast corner of Lot 11, Block 2 said addition; Thence West along the North line of said Lot 11 to the North- west corner thereof; thence West along a straight line to the Northeast corner of Lot 11, Block 1, of said addition; thence West along the North line of said Lot 11, Block 1 to the Northwest corner thereof; Thence North along the West line of said Block 1 to apoint 689.21 feet North of the South section line of Section 25; thence West along a straight line bearing North 89-degrees, 42' 19" West a distance of 295.81 feet to a point; thence North along a straight line 255 feet more or less to a point said point being the Southeast corner of Block 2, Williams Addition as recorded in Volume D, Page 47, of Franklin County Auditor's Record, Thence Westerly along the South line said Block 2, Williams Addition to the Southeast Corner of Lot 11, Block 2; thence North along the East line said Lot 11 to the Northeast cor- ) ner thereof; thence North along a straight line to the South- east corner of Lot 11, Block 1, said addition; • VII _ exhibit b cont. Thence North along the East lines of Lots 11 and 2, and Lot 2 extended to the ,North right-of-way line of Hopkins Street. Thence East along the North right-of-way line of Hopkins Street to the Southeast corner of the South half of the West half of the Southwest quarter of the Northwest quarter of the Southeast quarter of said Section 25, Township 9 North, Range 29 East Willamette Meridian; Thence North along a straight line, said line being the East line of the West half of the Southwest quarter of the North- west quarter of the Southeast quarter of said section 25 to the centerline of Lewis Street; Thence Westerly along the centerline of Lewis Street to a point, said point being on the West line extended if the:East 285 feet of the North half of the Southeast quarter of the Northeast quarter of the Southwest quarter of said Section 25; thence South along the West line of the East 285 feet of the North half of the Southeast quarter of the Northeast quarter of the Southwest quarter of said section 25 to the Southwest corner thereof; Thence East along the South line of the North half of the Southeast quarter of the Northeast quarter of the Southwest quarter 135 feet to a point, thence South along a straight line 150 feet West of and parallel with the West line of 28th Avenue to a point on the South right-of-way line of Hopkins Street, Thence West along the South right-of-way line of Hopkins Street to the East right-of-way line of S.R. 12; thence South along said East right-of-way line of said S.R. 12 to its intersection with the U.S.A. Taking Line; , Thence East along said takine line to its intersection with the West line of said Government Lot 3; thence South along , / the West line said Government Lot 3 to its intersection with the South line of said Section 25; thence East along the South line of said Section 25 to the point of beginning. Together with; All Government Lots 1 and 2, Section 36, Township 9 North, Range 29 East Willamette Meridian, less tract XX3463. — -- payment by ionds as de fined by law ind the ordi nances of tht City The exact form amount date interest rate and denomina lions of such bonds shall be hereafter fixed by ordi nance of the City Council Such bonds shall be sold in such manner as the City Council shall hereafter de- termine Section 6 In all cases where the work necessary to be done in connection with the making of such im- proverrsnt is carried out pursuant to contract upon competitive bids the call For bid, shall include a statement that payment for such cork work will be made n cash warrants drawn upon the Local Im provement Fund Section 7 There is cre ated and established in the office o the City Finance Director for the District the Local lnprovement Fund into which fund shall be de- posited the proceeds from the sale of revenue war rants or other short term obligations drawn against the fund which may be is sued 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 Within fifteen (15) days of the passage of this ordinance there shall be filed with the City Trea surer the title of the im provement and District number a copy of the di- agram 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 and that will be specially benefited thereby and the estimated cost and ex- pense of such improvement to be borne by each lot tract or parcel of land The City Treasurer shall imme- diately post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the l ocal improvement PASSED by the , City C ouncil of the City of Pasco Washington this 9th day of July 1984 and signed in authentication of its passage this 9th day of July 1984 -s-Joe W Jackson Mayor AUTHENTICATED -s Evelyn Wells C ity Clerk APPROVED AS TO FORM -s Greg Rubstello City Attorney EXHIBIT A STREETIM- PROVERRENT In accord- ance with standards established by the City of Pasco including the nec- essary excavation grading ballasting asphalt concrete surfacing curbs gutters sidewalks drainage facili ties and all other work nec- essary in connection therewith and incidental thereto all in accordance with the plans and spcifica lions prepared by the City CITY OF PASCO, WASHINGTON ORDINANCE NO 2508 AN ORDINANCE or- dering the improvement of —65-ifa In streeii Waitin —thel City all in accordance with Resolution No 1634 of the City Council establishing Local Improvement District No 118 and ordering the carrying out of the pro posed improvement pro- viding 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 im provement district warrants redeemable in cash or othef short term financing and local improvement dis- trict bonds WHEREAS by Resolu- tion No 1634 adopted June 18 184 the City Council declared its intention to order the improvement of certain streets with the City and fixed July 9 1984 at 8 00 p m local time in the Council Chambers of the City Hall as the time and place for hearing all mat ters relating to the pro posed improvement and all objections thereto and for determining the method of payment for the improv- ment and WHEREAS the City En- gineer 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 his possession touching the proposed improvement a description of the bounda ries of the proposed Local Improvement District (the District ) and a statement of what portion of the cost and expense of the im provement should be borne by the property with the proposed District and WHEREAS that esti- mate is accompanied by a diagram of the proposed improvement showing thereon the lots tracts par cels of land and other property which will be ape malty benefited by the pro posed improvement and the estimated cost and ex- pense 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 pro- vided by law and the hear- ing 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 Coun cil and all persons ap pearin9 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 im- provement as hereinafter described be carried out and that the District be cre- ated in connection there with NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- DAIN as follows Section 1 The City Council of the City of Pasco Washington (the City ) orders the construc bon and installation of the improvement more partic- ularly 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 the City Engineer and may be modified by the City Coun col as long as such modifi cation does not affect the purpose of the im provement Section 2 There Is cre ated and established a local improvement district to be called Local Im provement District No 118 of the City of Pasco Wash ington (the District ) the boundaries of territorial ex tent of which District being more particularly described in Exhibit B attached hereto and by this reference moor porated herein Section 3 The total esti mated cost and expense of the improvement is de clared to be $289 363 22 Approximately $105 000 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 in cluded in the District em bracing as nearly as practicable all property ape clay benefited by such im- provement Section 4 In accord ance 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 Im provement District warrants may be issued in payment of the cost and expense of the improvement herein or dered to be assessed such warrants to be paid out of the Local Improvement Fund District No 118 hereinafter created and re ferred to as the Local Im provement Fund and until the bonds referred to in this section are issued and de livered to the purchaser thereof to bear interest from the date thereof at a rate to be established here- after by the City Finance Di- rector as issuing officer and to be redeemed in cash and/or by local im- provement district bonds herein authorized to be is sued such interest bearing warrants to be hereafter re ferred to as revenue war- rants In the alternative the City hereafter may pro vide by ordinance for the is- suance of other short term obligations pursuant to Chapter 216 Laws of 1982 The City is authorized to i ssue local improvement district bonds for the Dis not which shall bear inter- est at a rate and to be payable on or before a date to be hereafter fixed by or- dinance The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants is sued hereunder or other short term obligations here- after authorized and not re deemed in cash within twenty days after the expi- ration of the thirty day pe nod for the cash payment of assessments without inter- est on the assessment roll for the District The bonds shall be redeemed by the collection of special as- sessments to be levied and assessed against the prop- erty within the District pay able in annual installments with interest at a rate to be hereafter fixed by ordi- nance under the mode of of Pasco Department of Public Works and ap- proved by the City Engi- neer for the following described streets A Street from 20th Ave- nue to 28th Avenue 28th Avenue from A Street to Lewis Street SANITARY SEWER IM- PROVEMENTS In accord- ance with standards established by the City of Pasco including installa- tion of the necessary sani- tary sewer side sewer lines and other appurtenances all in accordance with the plans and specifications prepared by the City of Pasco Department of Pub tic Works and approved by the City Engineer within the following described areas A Street from 20th Ave- nue to 28th Avenue 28th Avenue from A Street to Lewis Street INCIDENTAL WORK All work deemed necessary in connection with the above listed improvements and considered incidental thereto in accordance with the plans and specifics lions prepared by the City of Pasco Department of Public Works and ap- proved by the City Engi- neer EXHIBIT 8 That portion of Sections 25 and 36 Township 9 North Range 29 East Willa- mette Meridian described as all those properties all or part of which are contained within a strip of land 150 feet in width falling on each side of the following de- scribed line Beginning at the South- east corner of said Section 25 which is the intersection of the centerline of A Street and 29th Avenue and the true point of begin- ning thence westerly along the A Street centerline to the intersection with the centerline of Road 28 thence northerly along the centerline of Road 28 to the intersection with the cen- terline of Lewis Street which is the end together with Eagle Estates Block 1 Lots 11 through 20, and Block 2 Lots 11 through 20 and Eagle Estates No 2 Block 1 Lots 8 through 14 and Block 2, Lots 7 through 20 as further de- scribed as follows Beginning at the South- east corner Section 25 Township 9 North Range 29 East Willamette Merid- ian thence North along the East line said Section 25 207 feet to a point thence Westerly along a line 207 North of and parallel with the centerline of A Street to its intersection with the centerline of 22nd Avenue Thence North along said centerline 22nd Avenue to its intersection with the North line extension of Lot 20 Block 2 Eagle Estates No 2 as recorded in Vol ume D Page 47 of Franklin County Auditor s Records Thence Westerly along said North line and North line extended of said Lot 20 and the North line of Lot 7 Block 2 Eagle Estates No 2 to the Northwest corner thereof Thence Westerly along a straight line to the North east corner of Lot 8 Block 1 of said addition thence West along the North line of Sou-thest corner thereof Thence East along tho South line of the North half of the Southeast quarter of the Northeast quarter of the - Southwest quarter 135 feet to a point thence South along a straight line 150 feet West of and parallel with the West line of 28th Avenue to a point on the South right of way line of Hopkins Street Thence West along the South right-of-way line; of Hopkins Street to the East right-of way line of S R 12, thence South alon9 said East right of way line of said S R 12 to its intersec- tion with the U S A Taking Line Thence East along said taking line to its intersec- tion with the West line of said Government Lot 3 thence South along the West line said Government Lot 3 to its intersection with the South line of said Sec-- tion 25 thence East along the South line of said Sec- tion 25 to the point of begin- ning Together with All Government Lots 1 and 2 Section 36 Town- ship 9 North Range 29 East Willamette Meridian, less tract XX3463 LEGAL NO 17154 - July 13, 1984 said Lot 8 to the Northwest corner thereof Thence North along the West line of said Block 1 Eagle Estates No 2 to the Northeast corner of Lot 1 of Short Plat 75-7 as recorded in Volume 1 Page 11 of Franklin County s book of Short Plats Thence West along the North line and North line extended of said Lot 1 Short Plat 75 7 328 2 feet to a point 132 0 feet East of the East line of Block 2 Eagle Estates Addition as recorded in Volume D Page 36 of Franklin County Auditor s Record Thence Northwest along a straight line to the North east corner of Lot 8 Block 2 said addition thence South along the East line of Block 2 Eagle Estates Addition to the Northeast corner of Lot 11 Block 2 said addition Thence West along the North line of said Lot 11 to the Northwest corner the rof thence West along a straight line to the North east corner of Lot 11 Block 1 of said addition thence West along the North line of said Lot 11 Block 1 to the Northwest corner thereof Thence North along the West line of said Block 1 to a point 689 21 feet North of the South section line of Section 25 thence West along a straight line bearing North 89-degrees 42 19' West a distance of 295 81 feet to a point thence North along a straight line 255 feet more or less to a point said point being the South- east corner of lock 2 WO- liamscAddition as recorded in Volume D Page 47 of Franklin County Auditor s Record Thence Westerly along the South line said Block 2 Williams Addition to the Southeast Corner of Lot 11 Block 2 thence North along the East line said Lot 11 to the Northeast corner thereof thence North along a straight line to the South- east corner of Lot 11 Block 1 said addition Thence North along the East lines of Lots 11 and 2 and Lot 2 extended to the North right-of-way line of Hopkins Street Thence East along the North right-of way line of Hopkins Street to the Southeast corner of the South half of the West half of the Southwest quarter of the Northwest quarter of the Southeast quarter of said Section 25 Township 9 North Range 29 East Wil lamette Meridian Thence North along a straight line, said line being the East line of the West half of the Southwest guar ter of the Northwest quarter of the Southeast quarter of said section 25 to the con terline of Lewis Street Thence Westerly along the centerline of Lewis Street to a point said point being on the West line ex tended of the East 285 feet of the North half of the Southeast quarter of the Northeast quarter of the Southwest quarter of said Section 25 thence South along the West line of the East 285 feet of the North half of the Southeast quer ter of the Northeast quarter of the Southwest quarter of said section 25 to the AFFIDAVIT OF PUBLICATION COUNTY OF Benton )ss STATE OF WASHINGTON Karen Roberson being first duly sworn on oath deposes and says She is the Pranscual Cl-Y 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 here- inafter referred to, published in the English language continually as a daily newspaper in Benton. 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 notice as it was printed in the regular and entire issue of the Tn City Herald itself and not in a supplement thereof, for a period of 1 time XdasMAiraNnYeMis commencing on the 18th day of July , ,i 4 , and ending on the Hth day of July , 19 8 4 and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ $365,70 has been paid in full, also at the rate of 53 inches at 6 90 Subscribed and sworn to before me this 18 th day of July ,19 84 Notary Public in and for the State of Washington, residing at Pasco FINANCE DEPARTMENT 15091 345-3401 an 726.3401 ew Eve yn Wells City Clerk P 0. BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 July 10, 1984 I I Tr i City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen Please publish Ordinance No 2508 on the following date July 13, 1984 Please send three (3) Affidavits of Publication Sinc ely yours,