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HomeMy WebLinkAbout2815 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO 2015 AN ORDINANCE ordering the improvement of Road 24 from Lewis Street to Sylvester Street, and Lewis Street from a point 500 feet west of its intersection with Road 24 to a point 500 feet east of Road 24, all in accordance with Resolution No 1949 of the City Council, establishing Local Improvement District No 121 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 improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds WHEREAS, by Resolution No 1949 adopted March 4, 1991, the City Council declared its intention to order the improvement of Road 24 from Lewis Street to Sylvester Street, and Lewis Street from a point 500 feet west of its intersection with Road 24 to a point 500 feet east of Road 24, and fixed April 15, 1991, at 8 00 p in , 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, Dennis Wright, 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 improvement 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 a local improvement 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 Road 24 from Lewis Street to Sylvester Street, and Lewis Street from a point - 2 - 500 feet west of its intersection with Road 24 to a point 500 feet east of Road 24, all within the City The improvement to Road 24 shall be in accordance with standards established by the City, and shall include asphalt concrete surfacing, curbs, gutters, sidewalks, illumination, drainage and all other work necessary in connection therewith and incidental thereto The improvement to the north half of Lewis Street shall widen the existing street, and shall include excavation, grading, ballasting, asphalt concrete surfacing, curbs, gutters, sidewalks, landscaping and trees, illumination, drainage 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's Department of Public Works, and approved 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 121 of the City of Pasco, Washington (the "District"), the boundaries or territorial extent of the District being more particularly described as follows. That portion of the Southeast 1/4 of Section 25, Township 9, North, Range 29 East, particularly described as follows The E 1/2, NE 1/4, NW 1/4, the W 1/2, NW 1/4, NE 1/4, the W 1/2, SW 1/4, NE 1/4, and the E 1/2, SE 1/4, NW 1/4; except that part of those tracts lying southerly of the centerline of West Lewis Street 3 Section 3. The total estimated cost and expense of the improvement is declared to be $124,596.40. The entire cost and expense shall be borne by and assessed against the property specially benefited by such improvement included within the District which embraces 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. 121, 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 Director of Finance, as issuing officer, and to be redeemed in cash and/or by local improvement district bonds or an install- ment note 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 39.50 RCW. 0•. The City is authorized to issue local improvement district bonds or an installment note for purchase by a fund of the City for the District which shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds or an installment note for purchase by a fund of the City 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, including the interfund loans, and not redeemed in cash within twenty days after the expiration of the thirty-day period for the cash payment without interest of assessments on the assessment roll for the District The bonds or an installment note for purchase by a fund of the City 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 or installment note for purchase by a fund of the City hereafter shall be fixed by ordinance of the City Council Such bonds or an installment note for purchase by a fund of the City shall be sold in such manner as the City Council hereafter shall determine Section 6 For the purpose of paying all or a part of the costs of carrying out the improvement with the District pending - 5 - the receipt of the proceeds of the issuance and sale of the bonds or short-term obligations referred to in Section 5, interfund loans from the Street Fund to the Local Improvement Fund in the maximum aggregate amount of $124,596.40 are authorized and approved, those loans to be repaid on or before the issuance of such bonds or obligations from the proceeds thereof or from prepaid special benefit assessments. (Each of the interfund loans shall bear interest at a variable rate, adjusted the last day of each month, equal to the interest rate of the State of Washington Local Government Investment Pool of the last day of each month. The initial interest rate on the date of each interfund loan shall be determined as of the last preceding interest payment adjustment date) Section 7. 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 (and the City shall have and reserves the right to reject any and all 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 8. The Local Improvement Fund for the District is created and established in the office of the City Director of Finance. 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 of special assessments, interest and penalties thereon shall be deposited in the Local Improvement Fund Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvement and cash warrants in payment for all other items of expense in connection with the improvement shall be issued against the Local Improvement Fund Section 9 Within fifteen (15) days of the passage of this ordinance there shall be filed with the City Director of Finance 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 Director of Finance immediately shall post the proposed assessment 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 15th day of April, 1991 - 7 - APPROVED AS TO FORM 4kg 4141/ A PUBLISHED GMM-323* 99302-2608 .QT1t-i-Titg Bet-aid P0 BOX 2608 • PASCO, WASHINGTON (509) 582-1500 LEGAL ADVERTISING INVOICE LEGAL NO !aQ21057? DATE 047=v9 1 ACCOUNT NO ao590 DESCRIPTION Firdlnanrp NrL ?RI F, TIMES 001 LINES 414 CITY OF PASCO, WASHINGTON ORDINANCE NO 2815 AN ORDINANCE ordering the improvement of Road 24 from Lewis Street to Syl- vester ,Street, and Lewis Street from a point 500 feet west of Its intersection with Road 24 to a point 500 feet east of Road 24 all in accordance with Resolution No 1949 of the City Coun- cil establishing Local im- provement District No 121 and ordering the` carrying out of the proposed im- provement providing that payment for the im- provement be made by spe- cial assessments upon the property in the District pay- able by the mode of "pay- ment by bonds" and providing for the issuance and sale of local im- provement district warrants redeemable in cash or other short-term financing and local improvement dis- trict bonds WHEREAS by Resolution No 1949 adopted March 4 1991 the City Council de- clared its intention to order the improvement of Road 24 from Lewis Street to Syl- vester Street and Lewis Street from a point 500 feet west of its intersection with Road 24 to a point 500 feet east of Road 24 and fixed April 15 1991, 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 Im- provement and all objec- t ons thereto and for determining the method of rAIRGIVED-AVTO-FORM --s- Greg A Rubdtello . .,,.., City Attorney - - - #2059 - 4/23/91'11''' SOLD TO City of Pasco P.O. BO K 293 Pasco WA 99301 TOTAL $ 3.33. 27 NOTICE: This is an invoice for legal advertising space Please pay from this Invoice as no statement will be rendered Please detach at perforation and return with payment AFFIDAVIT OF PUBLICATION COUNTY OF BENTON ss STATE OF WASHINGTON SHELLEY PERK I NS , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-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 hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a Orrlina.nc4.. NO. 2815 as it was printed in the regular and entire issue of the Tri-City Herald itself and not in a supplement thereof, 001 time(s), commencing on 042391 , and ending on 04 T391 , and that said newspaper was regulary distributed to its subscribers during all of this period 2/ak cy 4/d; SUBSCRIBE AND SWORN BEFORE ME THIS eiq DAY OF igq ( Notary public in and for the State of Wash- ington, residing at PASCO COMMISSION EXPIRES 7 — AS-- CITY OF PASCO, WASHINGTON ORDINANCE NO 2815 AN ORDINANCE ordering the improvement of Road 24 from Lewis Street to Syl vester Street, and Lewis Street from a point 500 feet west of its intersection with Road 24 to a point 500 feet east of Road 24 all in accordance with Resolution No ,1949 of the City Coun- cil 'establishing Local Im provement District No 121 and ordering the carrying out of the proposed im- provement providing that payment for the im- provement be made by spe- cial assessments upon the property in the District pay able by the mode of "pay ment by bonds" and providing for the issuance and sale of local im provement district warrants redeemable in cash or other short term financing and local improvement dis trict bonds WHEREAS by Resolution No 1949 adopted March 4 1991 the City Council de- clared its intention to order the improvement of Road 24 from Lewis Street to Syl vester Street and Lewis Street from a point 500 feet west of its intersection with Road 24 to a point 500 feet east of Road 24 and fixed April 15 1991 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 im provement and all objec tions thereto and for determining the method of payment for the im provement and WHEREAS Dennis Wright 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 bound ;Imes of the proposed local improvement 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 im provement showing thereon the lots tracts par cola of land and other property which will be spe- cially 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 h all objections to the proposed improvement were duly considered and overruled by the City Coun cil and all persons ap- pearing at such hearing and wishing to be heard were, heard and WHEREAS the City Coun cil has determined it to be in the best interests of the City that the improvement as hereinafter described be carned'out and that a local improvement district be created in connection therewith NOW THERE FORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR DAM as follows Section 1 The City Council of the City of Pasco Wash ington (the City ) orders the improvement of Road 24 from Lewis Street to Syl vester Street and Lewis Street from a point 500 feet west of its intersection with Road 24 to a point 500 feet east of Road 24 all within the City The improvement to Road 24 shall be in accordance with standards established by the City and shall include asphalt con crete surfacing curbs gut ters sidewalks illumination drainage and all other work necessary in connection therewith and incidental thereto The im provement to the north half of Lewis Street shall widen the existing street and shall include excavation grading ballasting asphalt concrete surfacing curbs gutters sidewalks land scaping and trees alumina tion drainage and all other work necessary in connec tion therewith and inciden tal thereto All of the foregoing shall be th th District being more parOc r- ularly described as follows I That portion of the South- I. east 1/4 of Section 25 I] Township 9 North Range 29 East particularly de , scribed as follows The E L' NW 1/4 NE 1/4 the W 1/2 1/2 NE 1/4 NW 1/4 the W 1/2 i SW 1/4 NE1/4 and the E 1/2 SE 1/4 NW 1/4 except that 1 part of those tracts lying southerly of the centerline I of West Lewis Street Section 3 The total esti I I mated cost and expense of the Improvement is de 2 clared to be $124 596 40 4 The erftire cost and ex- ) pense shall be borne by i and assessed against the 4 property specially benefited tJ by such improvement in , cluded within the District I specially benefited by such improvement II which embraces as nearly as practicable all property Section 4 In accordance 3 , with the provisions of RCW 1 , 35 44 047 the City may II : use any method or comb' ...' nation of methods to corn ri pute assessments which I may be deemed to fairly re , flect the special benefits to .7' the properties being as ' sessed !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 121 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 Director of Finance as issuing officer and/or by local im and to be redeemed in cash i provement district bonds or an Installment note herein authorized to be Issued such Interest bearing war rants to be hereafter re ferred to as "revenue warrants " In the alterna tive the City hereafter may provide by ordinance for the issuance of other short i term obligations pursuant c to Chapter 39 50 RCW The City Is authorized to issue local improvement ' district bonds or an install E, ment note for purchase by > a fund of the City for the - District which shall bear in- 1 terest at a rate and be paya ble on oPtrefore a date to be J hereafter fixed by ordi , nance The bonds or an in- stallment note for purchase by a fund of the City shall i be isscsed in exchange for 'and/orin redemption of any and all revenue warrants is sued hereunder or other short term obligations here- after authorized including the interfund loans and not tredeemed in cash within 'twenty days after the expi- ration of the thirty-day pe nod for the cash payment Iwithout interest of assess ments on the assessment roll for the District The bonds or an installment note for purchase by a fund of the City shall be re deemed by the collection of special assessments to be levied and assessed against the property within the District payable in an nual installments with in terest at a rate to be hereafter fixed by ordi nance under the mode of "payment by bonds " as defined by law and the ordi nances of the City The exact form amount date interest rate and denomina ions of such bonds or in stallment note for purchase by a fund of the City here after shall be fixed by ordi nance of the City Council Such bonds or an install ment note for purchase by a fund of the City shall be o_niei_m_aurh_mannwr_a c-tha... '774." cit y sh''ar tr. -tle-: deemed b y the collection of special assessments to be levied and assessed a g ainst the propert y within the District pa yable in an nual installments with in- terest at a rate to be hereafter fixed b y ordi nance under the mode of "pay ment b y bonds ' as defined by law and the ordi nances of the Cit y The exact form amount date interest rate and denomina bons of such bonds or in- stallment note for purchase b y a fund of the Cit y here after shall be fixed b y ordi nance of the City Council Such bonds or an install ment note for purchase b y a fund of the Cit y shall be sold in such manner_as_the Cit y Council hereafter shall determine Section 6 For the purpose of pay in g all or a part of the costs of carr yin g out the im provement with the District pendin g the receipt of t h e proceeds of the issuance and sale of the bonds or short term obli g ations re- ferred to in Section 5 inter fund loans from the Street Fund to the Local Im provement Fund in the maximum a gg re g ate amount of $124 596 40 are authorized and approved those loans to be repaid on i or before the issuance of i such bonds or obli g ations from the proceeds thereof or from prepaid special benefit assessments (Each of the interfund loans shall bear interest at a variable rate ad j usted the last da y of each month e q ual to the interest rate of the State of Washin g ton Local Govern ment Investment Pool of the last da y of each month The initial interest rate on the date of each interfund loan shaP be determined as of the last precedin g inter est pa y ment ad j ustment date ) Section 7 In all cases where t ,-ia work necessar y to be cone in connection with the makin g of such im provement is carried out pursuant to contract upon competitive bids (and the Cit y shall have and re serves the ri g ht to rej ect an y and all bids ) the call for bids shall include a statement that pa y ment for such work will be mde in cash warrants drawn upon the Local Improvement Fund Section 8 The Local Im provement Fund for the District is created and as tablished in the office of the Cit y Director of Finance The proceeds from the sale of revenue warrants or other short term obli g ations, drawn a g ainst the fund which ma y be issued and sold b y the Cit y and collec bons of special assess ments interest and penalties thereon shall be deposited in the Local Im provement Fund Cash warrants to the contractor or contractors in pa y ment for the work to be done b y them in connection with the improvement and cash war rants in pa y ment for all other items of expense in connection with the im provement shall be issued a g ainst the Local Im provement Fund Section 9 Within fifteen (15) day s of the passa g e of this ordinance there shall be filed with the Cit y Direc tor of Finance the title of the improvement and District number a cop y of the di a g ram or print showin g the boundaries of the District and the preliminar y assess ment roll or abstract of such roll showin g thereon the lots tracts and parcels of land that will be speciall y benefited thereb y and the estimated cost and ex pense of such improvement to be borne b y each lot tract or parcel of land The City Director of Finance im mediatel y shall post the proposed assessment roll upon his index of local im provement assessments a g ainst the properties af fected b y the local im provement PASSED by the Cit y Coun cil and APPROVED b y the Ma y or of the Cit y of Pasco Washin g ton at a re g ular open public meetin g thereof this 15th da y of April 1991 s Joe W Jackson ATTEST s Evel yn Wells City Clerk APPROVED AS TO FORM $ Cri,ia h T., LIN olio Cit y Ai ,i #205 , _ April 16, 1991 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance No. 2815 on the following date: May 19, 1991 Please' send two (2) Affidavits of Publication for each. Sincerely, Evelyn Wells City Clerk ew •