HomeMy WebLinkAbout3074 OrdinanceORDINANCE NO. ‘,PC5-7 14
AN ORDINANCE ordering the improvement of the alley
lying northerly of Brown Street and southerly of
Court Street between 8th Avenue and 10th Avenue,
in the City of Pasco, all in accordance with Resolution
No 2163 of the City Council, establishing Local
Improvement District No 129 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 2163 adopted December 19,
1994, the City Council declared its intention to order the
improvement of the alley lying northerly of Brown Street and
southerly of Court Street between 8th Avenue and 10th Avenue, in
the City of Pasco, and fixed January 17, 1995 at 7 30 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, 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, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Pasco,
Washington (the "City") orders the improvement of the alley lying
northerly of Brown Street and southerly of Court Street between 8th
Avenue and 10th Avenue, in the City of Pasco The improvement to
alley shall be in accordance with standards established by the City,
and shall include asphalt concrete surfacing, 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 129
of the City of Pasco, Washington (the "District"), the boundaries or
territorial extent of the District being more particularly described as
follows
Lots 1 thru 32, Block 10, Sylvester's 2nd Addition, all
part of Section 30, Township 9 North, Range 30 E , W M
and records of Franklin County, Washington
SECTION 3 The total estimated cost and expense of the
improvement is declared to be Eleven Thousand Two Hundred
Dollars ($11,200 00), which is estimated to be the cost of excavation,
grading, drainage, base course, and asphalt pavement The actual
-2
cost of such improvements 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 129 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 installment 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
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 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 denomination of
- 3 -
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 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 $11,200 00 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 on the 1st 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 assessment, 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
- 4 -
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
SECTION 10 This ordinance shall take effect five (5) days
after passage and publication
PASSED by the City Council of the City of Pasco, at its
regular meeting on Fel4F4apy 17, 1995
<-3 coo-AAC>,VM
Mayor Pro-te,rn
CATHERINE D SEAMAN
Deputy City Clerk
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INVOICE
110
'1,\Ntt
TCV. P BOX 2608
PASCO WASHINGTON 99302 2608 Pe PHONE (509) 582 1500
DATE 01/22/95 LEGAL NO #137
ACCOUNT NO 5(15 %0
DESCRIPTION 187 ORDINANCE NO . 7074
TIMES 001 INCHES '6 C)
SOLD TO PASCO, CITY OF LEGALS
P.O. BOX 29:
F ASCO WA 93701
T TAL 378.27
RIOTOCE 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
AFFOAKT PUBDUCATlloo
COUNTY OF BENTON
SS
STATE OF WASHINGTON
RECENED
JAN 30 1995
CITY CLERK'S OFFICE
CARLA ALFORD , 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 187 ORDINANCE NO . 3074 as it
was printed in the regular and entire issue of the Tr-City Herald
itself and not in a supplement thereof, 1 time(s),
commencing on 01/22/•-i5 , and ending on
01/22/95 , and that said newspaper was regulary
distributed to its subscribers during all of this period
aecA l_AJ iewtoz44
SUBSCRIBED AND SWORN BEFORE ME THIS 2/110
DAY OF jecywaA-t1 , lqqz3
No public in and for the State of Wash-
ington, residing at PASCO WA
COMMISSION EXPIRES 1—/5---
1
northerly of Brown Street and
southerly of Court Street be
tween 8th Avenue and 10th ,
Avenues. in the City,of Pasco
The improvement to alley
shall be in accordance with
standards established by the
City and shall Include asphalt
concrete surfacing 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 De-
partment of Public Works
and approved by the City En-
gineer apd may be modified
by the City Council as long as
such modification does not af-
fect the purpose of the im-
provement
SECTION 2 There is created
and established a local im-
provement distnct to be called
Local Improvement Distnct
I No 129 of the City of Pasco
'Washington (the Distria )
the boundaries or territorial
, extent of the District being
I more particularly described
as follows
Lots 1 thru 32 Block 10
Sylvester's 2nd Addition all
part of Section 30 Township
9 North Range 30 E W M
and records of Franklin Coun-
ty Washington
SECTION 3 The total esti
mated cost and expense of
the improvement is declared
to be Eleven Thousand Two
Hundred Dollars
($11 200 00) which is esti
mated to be the cost of exca-
vation grading drainage
base course and asphalt
pavement The actual cost of
, such improvements shall be
borne by and assessed
I againsi the property specially
benefited by such improve-
ment included within the Dis-
trict which embraces as near-
I ly as practicable all property
n 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 assess
ments which may be deemed
to fairly reflect the special
benefits to the properties be-
ing assessed
SECTION 5 Local improve- ,
ment district warrants may be
I issued in payment of the cost
and expense of the improve-
ment herein ordered to be as
/ sassed such warrants to be
paid out of the Local Improve-
ment Fund District No 129
hereinafter created and re-
ferred to as the Local Im-
provement Fund and until
the bonds referred to in this
section are issued and deity
ered to the purchaser thereof
to bear interest from the date
thereof at a rate to be estab-
lished hereafter by the City Di-
rector of Finance as issuing
officer and to be redeemed in
cash and/or by local improve-
ment district bonds or an in-
stallment note herein autho-
nzed to be issued such inter-
est bearing warrants to be
hereafter referred to as rev
enue warrants In the alter
native the City hereafter may
provide by ordinance for the
issuance of other short term
obligations pursuant to Chap
ter 39 50 RCW
ORDINANCE NO 3074
AN OFAiINANCp ordering
the improvement of the alley
lying northerly of Brown
Street and southerly of Court
Street between 8th Avenue
and 10th Avenue in the City
of Pasco all in accordance
with Resolution No 2163 of
1 the City Council establishing
Local Improvement District
No 129 and ordering the car-
rying out of the proposed im-
provement providing that
payment for the improvement
I be made by special assess-
ments upon the property in
the District payable by the
mode of payment by bonds
and providing for the is-
suance and sale of local im-
provement district warrants
redeemable in cash or other
short-term financing and local
improvement distnct bonds
WHEREAS by Resolution
No 2163 adopted December
19 1994 the City Council de-
clared its intention to order the
improvement of the alley lying
northerly of Brown Street and
southerly of Court Street be-
tween 8th Avenue and 10th
Avenue in the City of Pasco
and fixed January 17 1995 at
7 30 pm local time in the
Council Chambers of the City
Hall as the time and place for
I hearing all matters relating to
the proposed improvement
and all objections thereto and
for determining the method of
payment for the improve-
, ment and
WHEREAS Dennis Wright
the City Engineer caused an
estimate to be made of the
cost and expense of the pro-
posed improvement and cer-
tified that estimate to the City
Council together with all pa-
pers and information in his
possession touching the pro-
posed improvement a de-
scription of the boundaries of
the proposed local improve-
ment district and a statement
of what portion of the cost and
expense of the improvement
should be borne by the prop-
erty within the proposed dm-
tnct 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 pro-
posed 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 men
honed 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 interest of the City that
the improvement as here-
inafter described be carried
out and that a local Improve-
ment district be created in
connection therewith Now
Therefore
THE CITY COUNCIL OF
THE CITY OF PASCO
WASHINGTON DOES OR-
DAIN AS FOLLOWu
SEC11OM 1 The City Council
of the City of Paso Wash-
ington (the City' ) orders the
ro‘nprovement of the alley lying
of each interfund loan shall be
determined as of the last pre-',
ceding lo,terest payment ad-
justment date )
SECTION 7 In all cases -'
where the work necessary to'-'
be done in connection with
the making of such improve-
ment is carned out pursuantn
to contract upon competitive
bids (and the City shall have,,
and reserves the right to re- '
fact any and all bids) the caliZI
for bids shall include a state- is
ment that payment for suchCrs
work will be made in cash ,-i;
warrants drawn upon the Lo- I
cal Improvement Fund
SECTION 8 The Local Im-
provement Fund for the dis-
trict is created and estab-
lished in the office of the City,'
Director of Finance The pro- ,
ceeds from the sale of rev-
enue warrants or other short
term obligations drawn -1
against the fund which may ,
be issued and sold by the City ,
and collections of special as
sessment interest and penal-,
ties thereon shall be deposit -
ad 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 improve-
ment 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
provement and District num-
ber a copy of the diagram or4
print showing the boundaries
of the District and the prelim-,
nary assessment roll or ab
stract 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 improve,..
merit to be borne by each lot-.
tract or parcel of land The,
City Director of Finance
mediately shall post the proc
posed assessment roll upon&
his index of local improve-
ment assessments against
the properties affected by the,1
local improvement
SECTION 10 This ordinance;
shall take effect five (5) days
after passage and publica
tion
PASSED by the City Council,
of the City of Pasco at its reg=.4
ular meeting on January 17 I
1995
-s- Charles Kilbury
Mayor Pro-tem
Attest
-s- Catherine D Seaman
Deputy City Clerk
Approved As To Form
-s- Greg Rubstello
City Attorney
#187 1/22/95
The City is authorized to issue
local improvement district
bonds or an installment note
for purchiase 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 ordi
nance The bonds or an in
stallment 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 autho
rized 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 assess
ments on the assessment foil
for the District The bonds or
an installment note for pur-
chase by a fund of the City
shall be redeemed by the col-
lection calf special assess-
ments to be levied and as
sessed against the property
within the special assess-
ments to be levied and as-
sessed against the property
within the District payable in
annual installments with in-
terest at a rate to be hereafter
fixed by ordinance under the
mode of payment* bonds
as defined by law and the or
dinance of the City The exact
form amount date interest i
rate and denomination 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 in I
stallment 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 im
provement with the District
pending the receipt of the pro-
ceeds 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 $11 200 00 are au-
thonzed and approved those
loans to be repaid on or be-
fore the issuance of such
bonds or obligations from the
I proceeds thereof or from pre
! paid special benefit assess-
! ments (Each of the interfund
loans shall bear interest at a
vanable rate adjusted the last
day of each month equal to
the interest rate of the State of
Washington Local Govern-
ment Investment Pool on the
1st day of each month The
initial interest rate on the date
K TRANSACT ION REPORT >
01-18-1995 (WED) 08 49
C -T-FR nndN.Ir-1 I -T- 3
NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT
5696 1-18 08 45 15095821453 9 0004 14 NORM E OK
9 0°04 14
„Hliiiiii11 1 11111 1 11111111 11 1 1111111, FINANCE DEPARTMENT (509)545-3401 / Scan 726 -3401 / Fax (509)545-3403
P 0 BOX 293, 525 NORTH 3RD AVENUE, PASCO, WASHINGTON 99301
January 18, 1995
Tn-City Herald
P0 Box 2608
Pasco, Wa 99302
Dear Kathy
Please publish the attached Ordinance(s) No 3074-3075 on the following date
January 22, 1995
Please send two (2) Affidavits of Publication for each
Thank you,
Catherine D Seaman
Deputy City Clerk
545-3402
cds
* No attachments or maps included