Loading...
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 -5 10th STREET COURT STREET OWNER FAW 611 W PAS 0. DISC7PTI1N 141 N LOTS . 1 PEARL') WA 99301 10TH AND j 8 I ovFER — JprN VALDEZ 9128 W SCO. DITRIPT1ON 9 128 W LOT S. 19, L 10' 1 PREUM; 19 —I COURT9130 WA 9 COURT 20 OF 111 9 1 $840 20 1 II • AL 001 I 1 1 1 , 121E1 IAA_ 2g Ed's, L2,2, A;CO. DiS2r11,071&)N uFtli RREUM —1 REITSMA W COUR WA A1)301 E 15' 23 LE S] 1 110 I $84.0 1 22 1 11)F 21, E 5' 00 23 syLv_isT__ OIFIER1 JOSE RO 11A6 W cpuR1 SCO, WA 1:1.1476R11171 cOr wri OOTS, E 24, 25, ilt. 5DIE PREUM 1 1 24 1 25 7 RIGUEZ 9 301 g' 00 23 AND 2ELI $840 00 , 1 1 OWNEF VIRI 912 PAS LOTdrE 27 OF1213 PRUM 26 091SITIILT121cl uRT — IA EBY W COURT 1 P. WA 99* I 20' OFi IAND W 15' _ _LJ I FIT' $840.00 1 27 1 Ts 1 I tl I 1 i6, , EITYNER 1908 RISCRIPTIO% Ilrls,W E C ?VrOF 8 1 29 ERVIN DAHMAN W coptT PASCO, W4 29, 30 L _J 1 113 I PREUM $1840 I , 7 9301 28. 00 30 CAFIER-1- CLINTON 09 RIYERVI FIASCO. DICRIPTI2N 1.11311S.W 3;CIAIIITDI L _L 41 PREUM 31 1 7 JUDD WA 91101 1 $700 1 32 1 32 00 PREL 1 p 7 I 6700 OL1 --1 1 18 16 PREU 9WNER RICHARD 1931 Vf I PASC i lSCRI 931 W LOTS $840 001 15 I BROWN BROWN i , WA '93 TION BROt 16,15, D 01-14. 1 ' 1 P121,_IM 14' OWNIET2 DAVID 921 1 W PA1 DIST 92 LO St 14 " $700 13 AYALA BROWN O. WA 99 PTION W BROWN E 15 OF ,13 AND 11 I 1.10 f 1 01 1 T OWN I-FT LOI 921 PASO DISC 921 LOT , 1ELIM 211 1 I 1 5 1 $810 — POLLARD ! W BROW WA 93I1 IPTION W BROWN t , E 10' OF H. W 20 I ' ,7 00 0,F 10 I 1 W DI PRELIM OWNER 9 M 47 17 TS 9 8 SCO, CRIPTI 1 4 _L W W E Afr FRDDEL 1 1$840 00 : 8 , I FOW A 91301 N BROW 5 A 10j W JS 0[ OW P DISC RUTH 91AT 9111W LCTS, S 6cr PREFLIM ER 1 1 1 3 1 $840100 , , 6 HALL BROWN 0, WA 991101 IPTION BROWN E 20' OFI 15' OF15 , , 5 1 7, I 2 PRELIM I840 4 DINNER DIEGO GONZALES PASO 1)9071W BiOWN ISCITIO 907 W BROWN LOT E 10' 4, r 00 : 3 99301 OF i I I - i S. PRELIM 2 OWNER DOYLE C0LWELL 2314 MUtIEL RIC LAND DISIPTIO 901 W BROWN LOT, 2 L _H $700 00 1 L CT WA 993152 AND 1 J I I INDICATES ACCOUNT NUMBERS BROWN STREET Bih STREET &MA& ADVENV0000 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