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
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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
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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
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APPROVED AS TO FORM
4kg 4141/
A
PUBLISHED
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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
•