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HomeMy WebLinkAbout2530 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 2530 AN ORDINANCE ordering the improvement of a portion of Court Street, all in accordance with Resolution No. 1664 of the City Council; establishing Local Improvement District No. 119 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 or other short-term financing and local improvement district bonds. WHEREAS, by Resolution No. 1664 adopted December 3, 1984, the City Council declared its intention to order the improvement of Court Street from 300 feet east of Road 32 to 300 feet west of Road 36, and fixed January 7, 1985, 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 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 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 Court Street from 300 feet east of Road 32 to 300 feet west of Road 36 in accordance with standards established by the City, including all necessary excavation, grading, ballasting, asphalt concrete surfacing, curbs, gutters, sidewalks, drainage facilities and signal systems at Road 34 and Road 36, 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. 119 of the City of Pasco, Washington (the "District"), the boundaries or territorial extent of which District being 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 declared to be $ 221,000 . Up to $75 1 000 of the cost and expense of the portion of the improvements consisting of installing traffic signals and related street widening to provide left turn lanes on the east and west ends of the project shall be paid by the City and the balance of the cost and expense of the improvements shall be borne by and assessed against the property specially benefited by such improvements included in the District embracing as nearly as practicable all property specially benefited by such improvements. 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, including without limitation the following: (a) On a per square foot basis for all commercially zoned property west of Highway SR-12, which property is more particularly described in Exhibit A, for the cost of installation of traffic signals and related street widening to provide left turn lanes on the east and west ends of the project. - (b) A lump sum per-lot charge for actual cost of construction of curbs, gutters and sidewalks for each parcel of property fronting on Court Street between Road 32 and Road 36, including one parcel of property on the northwest corner of Road 36. (c) On a front footage basis for the cost of storm drainage improvements. 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. 119," 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 Treasurer, 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 here- after may provide by ordinance for the issuance of other short- term obligations pursuant to Chapter 39.50 RCW. 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 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 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 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 7 day of January, 1985. APPROVED AS TO FORM: EXHIBIT A THAT PART of Sections 23, 24, and 25, Township 9 North, Range 29 E.W.M. as described as follows: (Boundary of properties to be assessed) Beginning at the Northwest corner of Section 25; thence Southerly along the West line of said Section 25 to a point 425 ft. North of the Southwest corner of the Northwest quarter-of the Northwest quarter thereof; thence East along a line parallel to and 425 ft. North of the South line of said Northwest quarter of the Northwest quarter to the East right-of-way line of Road 34; thence Southerly along said East right-of-way line to the North right-of-way line of Henry Street; thence Easterly along said North right-of-way line and right- of-way line extended to its intersection with the West right-of-way line of State Highway SR-12; thence Northerly along the said West right-of-way line to its intersection with the South right-of-way line of Ruby Street; thence Westerly along said right-of-way line to the West right- of-way line of Road 32; thence Northerly along said right- of-way line to the Northeast corner of Lot 4, Edgar's Addition; thence Westerly along the West lot line of said Lot 4 to the Southeast corner of Lot 5, Edgar's addition; thence Northerly along the West line and West line extended of said Lot 5 to the centerline of Agate Street; thence Westerly along said centerline and centerline extended to its intersection with the West right-of-way line of Road 36; thence South along the said West line of Road 36 to its intersection with the South right-of-way line of Ruby Street; thence West along said South line of 103.78 ft.; thence South along a line parallel to and 103.78 ft. West of the West line of Road 36 to its intersection with the centerline of Court Street; thence East along said centerline to the point of beginning.