HomeMy WebLinkAbout2936 OrdinanceCITY OF PASCO, WASHINGTON
ORDINANCE NO. c 9:56
AN ORDINANCE ordering the improvement of Frontage
Road from Hopkins Street to 20th Avenue, Road 24 from
Hopkins Street to Lewis Street, the south side of Lewis
Street from approximately 500 feet west of Road 24 to
20th Avenue, and the west side of 20th Avenue from Lewis
Street to Frontage Road, all in accordance with
Resolution No. 2082 of the City Council; establishing
Local Improvement District No. 125 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. 2082 adopted May 17, 1993, the City
Council declared its intention to order the improvement of the
properties within the area described in Exhibit A, attached hereto
and by this reference made a part hereof, by the improvement of
Frontage Road from Hopkins Street to 20th Avenue and Road 24 from
Hopkins Street to Lewis Street by constructing asphalt surfacing,
curb and gutter, sidewalks on one side, drainage facilities, and
including necessary excavation, grading and base course and right-
of-way acquisition, of the same part of Frontage Street with
illumination and water and sewer stubs, and on the south side of
Lewis Street from approximately 500 feet east of Road 24 to 20th
Avenue by constructing curbs and gutters and sidewalks, and on the
south side of Lewis Street from approximately 500 feet west of Road
24 to approximately 500 feet east thereof by constructing sidewalks
and landscaping, and on the west side of 20th Avenue by
constructing sidewalks between Frontage Road and Lewis Street, and
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other incidental work, 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
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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 the properties within the
area described in Exhibit A, attached hereto and by this reference
made a part hereof, by the improvement of Frontage Road from
Hopkins Street to 20th Avenue and Road 24 from Hopkins Street to
Lewis Street by constructing asphalt surfacing, curb and gutter,
sidewalks on one side, drainage facilities, and including necessary
excavation, grading and base course and right-of-way acquisition,
of the same part of Frontage Street with illumination and water and
sewer stubs, and on the south side of Lewis Street from
approximately 500 feet east of Road 24 to 20th Avenue by
constructing curbs and gutters and sidewalks, and on the south side
of Lewis Street from approximately 500 feet west of Road 24 to
approximately 500 feet east thereof by constructing sidewalks and
landscaping, and on the west side of 20th Avenue by constructing
sidewalks between Frontage Road and Lewis Street, and other
incidental work.
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.
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c)
Section 2. There is created and established a local
improvement district to be called Local Improvement District
No. 125 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 $246,122.00. Approximately
$45,477.21 of the cost and expense of the cost of one inch of
asphalt paving on Frontage Road and the amount that would otherwise
be assessed against exempt property shall be paid by the City and
the balance of such 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.
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. No property, any portion of which is outside the
District, may connect to those improvements constructed or made a
part of such District unless either that property shall have been
subject to the special assessments on the assessment roll for that
District or the owners of that property shall have paid prior to
such connection a charge in lieu of assessment which shall be at
least the equivalent of those assessments which would have been
applied to that property had it been included within that District.
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Properties connecting to water and sewer lines to be
constructed and installed in Frontage Road, and storm drainage
added to a portion of Lewis Street, will be subject to front
footage and area charges and other connection fees as a condition
of such connection. The cost of these improvements will not be
assessed under the local improvement district.
Section 6. 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. 125, 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
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for the District. The bonds 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 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 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 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.
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$ection 9. 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
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.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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It is the intention of the City Council of the City of Pasco,
Washington, to create a local improvement district to include for
the purpose of assessment, the properties described as follows:
Beginning at the southeast corner of Section 25, Township 9
North, Range 29 East, W.M., thence N 01 degrees 39' 07" E along
the east line of said Section 25, a distance of 407.00 feet to
the true point of beginning; ; thence N 89 degrees, 38' 20" W a
distance of 40.01 feet to the west boundary of 20th Avenue;
thence N 89 degrees 38' 20" W a distance 250.00 feet to the SE
corner of Lot 3 of short plat 75-2; thence N 89 degrees 38' 20" W
a distance of 116 feet to the SE corner of Lot 5, Block 3 Eagle
Estates No. 2; thence continuing N 89 degrees 38' 20" W a
distance of 130 feet to the centerline of Road 22; thence N 01
degrees 39' 07" E along the centerline of Road 22 a distance of
56.11 feet; thence N 89 degrees 38' 20" W a distance of 30 feet
to the SE corner of Lot 21, Block 2, Eagle Estates No. 2; thence
continuing N 89 degrees 38' 20" W along the southerly lot lines
of Lots 21 and 6, Block 2, Eagle Estates No. 2 a distance of
267.2 feet to the centerline of Road 23; thence S 01 degrees, 39'
07" W along the centerline of Road 23 a distance of .7 feet;
thence N 89 degrees 38' 20" W a distance of 30 feet to the SE
Corner of Lot 7, Block 1 Eagle Estates No. 2; thence continuing N
89 degrees 38' 20" W a distance of 118.34 feet to the SW corner
of Lot 7, Block 1 Eagle Estates No. 2; thence N 01 degrees 41'
10" E a distance of 304.50 feet to the northeast corner of short
plat 87-03; thence N 89 degrees 46' 20" W a distance of 328.20
feet to a point; thence N 64 degrees 14' 00" W a distance of
168.00 feet to a point on the easterly line of Eagle Estates;
thence N 01 degrees 41' 10" E a distance of 440 feet more or less
to the center line of Hopkins St.; thence N 89 degrees 46' 20" W
along the centerline of Hopkins St. to the southerly projection
of the westerly line of the W. 1/2 of the SE 1/4 of the NW 1/4 of
the SE 1/4 ; thence N 01 degrees 28 , 13" E along said westerly
line of the west 1/2 of the SE 1/4 of the NW 1/4 of the SE 1/4 to
the centerline of R/W of way of Lewis St; thence south 66 degrees
55' 22" E along the R/W centerline of Lewis Street to its
intersection with the east line of said Section 25; thence south
along the east line of said Section 25 to the true 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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