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Home My WebLink About2683 OrdinanceORDINANCE NO. 2683 AN ORDINANCE ordering the improvement of a portion of Road 34, all in accordance with Resolution No. 1823 of the City Council; establishing Local Improvement District No. 120 and ordering the carrying out of the proposed improvements; providing that payment for the improvement be made in part by special assessments upon the property in the district; and creating Local Improvement District 120 Construction Fund and new Chapter 3.121 PMC. WHEREAS, In Resolution No. 1823 adopted March 21, 1988, the City Council declared its intention to order the improvement of a portion of Road 34 between Henry Street and Court Street, and fixed April 18, 1988 at 8:00 p.m., local time, in the Council Chambers of the City Hall as the time and place for hearing of 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 costs 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 Improvement District (the "District") and a statement of what portion of the costs 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 costs and expense thereof to be borne by each lot, tract and parcel of land or other properties; 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 time above mentioned, and any 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, • -1- 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 Road 34 between Henry Street and Court Street in accordance with standards established by the City, including all necessary excavation, grading, ballasting, aspaltic concrete servicing, curbs, gutters, sidewalks, drainage facilities and illumination, 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. 120 of the City of Pasco, Washington (the "District"), the boundaries or territorial extent of which District being more particularly described as follows: That portion of real property located in Pasco, Franklin County, Washington, that encumpasses a strip of land 300 feet in width lying 150 feet on either side of the center line of Road 34 between Henry Street and Court Street, according to the records of the Auditor of Franklin County, Washington. Section 3. The total estimated costs and expense of improvement is declared to be $129,469. The City will pay from its own funds the costs of illumination, additional depth of asphalt and rock above normal access standards, and the cost of reconstruction of approaches from side streets, the cost of which is approximately $40,000. The balance of the costs and expense of the improvements shall be borne by and assessed against the property specifically benefited by such improvement included in the District embracing as nearly as practical 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. -2- Section 5. Within fifteen (15) 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 in 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 costs 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 his index of local improvement assessments against the properties affected by the local improvement. Section 6. Interim and long-term financing for the costs of the improvements may be provided by a loan of up to $90,000.00 from the City Cemetery Fund, with interest at eight percent (8%) per annum to Local Improvement District 120 Construction Fund. 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 the accounting of all expenditures and receipts in connection with construction of LID 120. Section 7. New Chapter 3.121 PMC titled LOCAL IMPROVEMENT DISTRICT 120 CONSTRUCTION FUND is hereby created to read as follows: CHAPTER 3.121 LOCAL IMPROVEMENT DISTRICT 120 CONSTRUCTION FUND Section: 3.121.010 Created. 3.121.020 Purpose. 3.121.010 CREATED. A fund to be known as the Local Improvement District 120 Construction Fund is hereby established. 3.121.020 PURPOSE. The fund is to provide for a fund, 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 for the accounting of all -3- ED HE DLER, Mayor AT L N ELLS, City Clerk . RUBSTELLO, City Attorney GREG' APPROVED AS TO FORM: expenditures and receipts in connection with construction of LID 120. PASSED by the City Council and APPROVED by the Mayor this 18th day of April, 1988. ,AI SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF , /lee 07 7,141 En-Q.7itu :Herald DATE 1)4 - LEGAL NO III' 4 P 0 SOX 2608 PASCO WASHINGTON 99302 2508 ACCOUNT NO =.0 -0 (509) 562 1500 DESCRIPTION nr I r,1 rI N LEGAL ADVERTISING INVOICE TIMES 1.11.11 LINES 72 SOLD TO Cit rase/ u D.. Z7:: WA /'01 TOTALS 1 ,r,. 74 NOT1068 hos is an invoke tor 1.9.1 escrows Nies. Wiese psy tree ties invoke st no 111•0001 Os foneferea New 401.0401 pertention 104 .10.0 with payment TRACY LAW: or.' being duly sworn deposes and says I am the Legal Clerk of the In 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 ills now and has been for more than six months prior to the date of the publication hereinafter referred to published countinually as a daily newspa per in Benton County Washington That the attached is a true copy of a Or lirlOrl. ., 2/ as it WAS printed in the regular and entire issue of the Tri City Herald itself and not in a supplement thereof til ,1 time(s) commencing on 04 7.- 3_ and ending on 114 and that said newspaper was regulary distributed to its subscribers during all of this period COUNTY OF BENTON STATE OF WASHINGTON AFFIDAVIT OF PUBLICATION OIL Notary public in and rictr the State of Wash- ington, residing at ' COMMISSION EXPIRES atoutorica NO 2683 AN ORDINANCE or aang 141 impovernent of • portion ol Road 34 all in accorance Reeolution No 1823 ol the City C.oun- cif estateasing Local Irrn pavement District No 120 and ordering the uOrying Okit of the proposed Mi. porminent0 providing that P•Ym•nt for th• Ins rTITerialftasseest.ients 04. 94098117 In Um=4 .. Impramn ▪ et 01.1, cl 120 C.onsuuction Fund .410 08* Obaptor 3 111 PNIC ....VHEREAS In Rosati Uon No 1823 odopted Maras 21 1988. the City Council doctared tts lion to ord•r th• Im fir'o a botm of =ebrtvenn Street and Corm S'ifentfr and fixed April II 1088 al 800 lll ▪ Moat lime Ire the Council Chernbers of Coy Hail as the Orn• • plaos lor bowing of NI num Mrs relating to me pro. ported floprOvIon0n1 and all Goyim:lone Merino WV to reIntretY for th• Ins pnammont. and WHEREAS Ts City en est En- Cp.:r al caste ese ol Pie oasts and ., imate e xpense of Me propmed knamansid 5110 01401 . Prat wenutte to the C Counct together with end 011001401400 Ml on' teassion touching 011 progoeed Injarovernent. :Irs'r*nthe pmpowm" Improvement Mimic( (th• ^Davies *) and • ststement ol what cordon of Mit costs and expense of the Int- t=""property th• Mould bro borne proposed District siM WHEREAS Th•t eel mem N accompanied by • diagram a Me poposod Improv•in•nt •hovein thereon the kits, tracts par 0010 Of tend and oth• =1 ofhlat 110 00 0:extbial by Me 10 posed Improvement an ▪ mornated coma and err F marmot to bo Dor eaichiot. tract arM watt IOW Or Other pm/000r and WHEREAS Due notlas ol Me above hearing eras poen in Me manner pro- nab by low end the hear Mg was had by the City Council on Pm date 1014 $010 58000 mentioned end any oblectione M IllS pro- posed=ernem were duly ad and over ruled by tha City Council and MI wows NsPeennil as such hewing and um to be heard were heard and WHEREAS Tito City Council has determined h 0105 01045 11981000984.04 th• City trmt th• im provernent as Meeinstier deecnbed 05 awned out an 500th. Dietrict be created In connection InerflOvith NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR CAIN as *Slows Moeller* 1 Th• City Council of lih• City of fresco Washington (the City ) order. the im 9401001540 04 Road 34 be twee,. Henry Street and COurl 80001 In aCCOrdanco n0101 *ammeter setablitned by the Cr* Including ail nee OOO ary excavation gredMg ballosOng 0101010 concrete wincing curbe 0141005 11005.0000410 41010. ape facilities and Haa400 lion and all other work n0C00oory In connOcOon 1160050111 and InCidOn101 Moon, All 04111S br•going shall be in accoidanc• with the pane arid epecificrition thendor prepared by the City Eintier and may mashed by tn. City Coun- cil as long w awn modifi- cation does not atfem 1114 purpo•• of th• Irn 94- 1.00011 omen* Section 2. lltane le caw sited and est•bilshed • Local ImpreownOnl District to be celled Local Im prowtment District No 120 th• City ol Poem Wash- ington (Me District ) the boundiulat or Pennon*1 ex tent of which Dist= mon, P.O.W.,* as Meows Thal portion a teal prow may located In P•sco Franklin County Washing- ton Mat enctimpaimes • •trip ol land 300 NM In width lying 150 feel on Si 411.4 stal of the center line of Rood 34 1:000000041 Henry Street and Court Street .000,01410 g "1 01 the r 1 F an I1n C4'lfecIo TM MN esti. meted cost• and expense of improvement la declared to be $129419 The City will pay Irons Its own funds Me costa of Illumination additional dean Of maw11 e nd rock above flannel ow dew $tandards and Um 0001 04 reconstruction of •P- ploactwo from side street* th• coat of v11611 is &won- male* $40 000 The b.- •ne• at the co•le •nd ••p•n•• of th• lm 910101110141li tot bOnle by IMO 0s010000 again.* MO properly •PeCilinelitt b•no Hid irn =riot •intur•cIng o• n011ly a& pectic. all prop- erly specially benefited by arch improwornens Section • In accord once with Me provisions 01 RCW 36 44 047 ths City may Liao any method or combianation of methods M compute rn•nts which may be deemed to fairly rellea IllS epacial benefits to the properties being amessed Section $ Within $heen OW dew of Um 950.50. 01 Odinance rsii1 b• Ned with the City Fi- nance DInecMr the MN of the Improvement Sold air trial number • copy of th• Magram or pint emoting the boundaries a the Ds- tria in Me preliminary aw sessinont roll or abstract of such roil showing specially benefited thoobby and the eatunatal cost$ and so I...of such improvement to be borne by each la tract or parcel of lend The City Finance Oirmsor *hall Immediate* PON the MO . pomid OOOOOO ment roll upon Ms index of local Pm prov•m•ni OOOOOO wants SI 5901051 IhS by tg791=1. .:.: prominent Section S. Interim and tom-term financIng Ms coon of th• Improvements may b• prarkled by a loan of up to IWO 000 00 horn the City Cement* Fund with intennl af eight per Cent 1811411 PH tumor. t. Local Improvement °Strict 120 Con•truction Fund AGiOnal which Fund @hall be Issued cash warrants to Me contractor or warm tors in payrnmit lot the work 0488 0000 by Mem in con- n•otion with th• lot i prov•m•fil •nd th• accounting of all exponcli. tures and receipts in con archon with construction of U0 420 Section 7 New Chapter 3 121 NAG tined LOCAL IMPROVEMENT DISTRICT 120 CONSTRUCTION FUND N hereby created to reed as follows CHAPTER 3 121 LOCAL IMPROVEMENT DISTRICT 120 CON STRUCTION FUND Section 3 121 010 Greeted 3 121 020 Purpose 3 121 010 CREATED A fund to be known es the Local Impoovonsent Diana 120 Conetruction Fund N hereby established 3 121 020 PURPOSE The fund Is to provMe kw • fund aosinal which fund Hiatt be lowed cath wan ram$ to the cadractor or convectors In payment lor the work to b• done by Mons In oonnoct100 .11/1 Onprovornefli and tor the eccounting a all expendi- tures and receipts In an- nection with oonstrualon of UD 120 PASSED by th• City Council and APPROVED by the Mar Psis lath cloy °e-Vd" ifein8d:r Meyer ATTEST Eve*n Wolfs City Clerk APPROVED AS TO FORM -0- Greg A Rubstello EliEVSL NO 006483 orlf 22 1088 April 19, 1988 Tn. City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance No. 2683 and Summary of Publication for Ordinance No. 2684 on the following date: April 22, 1988 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew