Loading...
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: CO85494 01 -2- 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. 0085494 01 -3- 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 0385494 01 -4- 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 0085494 01 -5- 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 -rTce,//ea G-9 -73 a'Pj Oe_pcAteAtdeler< -, 0085494 01 -6- 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. 0085494 01 ;- • 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 0085494 01