HomeMy WebLinkAbout2935 OrdinanceCITY OF PASCO, WASHINGTON
ORDINANCE NO.
AN ORDINANCE ordering the improvement of 18th Avenue from
A Street to Lewis Street and the south side of Lewis Street
from 18th Avenue to a point approximately 300 feet east of
18th Avenue, all in accordance with Resolution No. 2077 of
the City Council; establishing Local Improvement District No.
124 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 and the making
of interfund loans.
WHEREAS, by Resolution No. 2077 adopted May 3, 1993, the City
Council declared its intention to order the improvement of the
properties described in Exhibit A attached hereto and by this
reference made a part hereof by the improvement of 18th Avenue from
A Street to Lewis Street (including grading, sidewalks, drainage
facilities, base course, asphalt concrete surfacing, curbs, gutters
and sewer stubs and all other work necessary therefor or incidental
thereto) and Lewis Street from 18th Avenue to a point approximately
300 feet east of 18th Avenue (including sidewalks and all other
work necessary therefor or incidental thereto) and fixed June 7,
1993, 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 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:
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Section 1. The City Council of the City of Pasco, Washington
(the "City"), orders the improvement of the properties described in
Exhibit A attached hereto and by this reference made a part hereof
by the improvement of 18th Avenue from A Street to Lewis Street
(including grading, sidewalks, drainage facilities, water, base
course, asphalt concrete surfacing, curbs, gutters and sewer stubs
and all other work necessary therefor or incidental thereto) and
Lewis Street from 18th Avenue to a point approximately 300 feet
east of 18th Avenue (including curbs, gutters and sidewalks and all
other work necessary therefor or 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. 124 of the City of Pasco, Washington (the "District"), the
boundaries or territorial extent of the 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 $49,361.00, except for the City's
paying for the equivalent of one inch of the asphalt concrete
surfacing, the entire cost and expense shall be borne by and
assessed against the property specially benefited by such
improvement included in the District which embraces as nearly as
practicable all property specially benefited by such improvement.
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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. 124, 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 herein authorized to be issued, such
interest-bearing warrants to be hereafter referred to as "revenue
warrants." In the alternative, the City may issue short-term
obligations pursuant to Chapter 39.50 RCW or make interfund loans.
The City is authorized to issue local improvement district
bonds 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 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 without interest of assessments 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
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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 hereafter shall be fixed by ordinance
of the City Council. Such bonds shall be sold in such manner as
the City Council hereafter shall 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 (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 7. 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 the 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 8. Within 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
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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 of the City of Pasco, Washington,
at a regular open public meeting thereof, this 7th day of June,
1993.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Exhibit A
Beginning at the intersection of the centerlines of 18th
Avenue and West A Street; thence west along the centerline of West
A Street to its intersection with the southerly projection of the
west lot line of Lot 3, Short Plat 84-4; thence northerly along the
southerly projection of the west lot line extended, and continuing
northerly along the west line of said Lot, Short Plat 84-4, to the
south west corner of Lot 2, Short Plat 84-4; thence northerly along
the west line and the west line extended of said Lot 2 to the
intersection with the centerline of West Lewis Street; thence
southeast along the centerline of West Lewis Street to its
intersection with the northerly projection of the east line of
Lot 24, Block 4, Helms Addition; thence south along the east line
extended and the east line to the southeast corner of Lot 24;
thence south along a line to the northeast corner of Lot 9,
Block 4, Helms Addition; thence south along the east line and east
line extended of said Lot 9 to the centerline of West A Street;
thence west along the centerline of West A Street to the Point of
Beginning.
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I, DAN UNDERWOOD, City Clerk of the City of Pasco, Washington,
certify that the attached copy of Ordinance No. is a true
and correct copy of the original ordinance passed on the 7th day of
June, 1993, as that ordinance appears on the Minute Book of the
City.
DATED this day of June, 1993.
Dan Underwood
City Clerk
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