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HomeMy WebLinkAbout3155 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO ,.—/(_...5 .-- AN ORDINANCE ordering the improvement of Frontage Road from Hopkins Street to 20th Avenue and Road 24 from Hopkins Street to Lewis Street, all in accordance with Resolution No 2246 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 1 n cash or other short-term financing and local improvement district bonds and the making of interfund loans WHEREAS, by Resolution No 2246 adopted May 6, 1996, 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 2 0 th 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 other incidental work, and fixed June 3, 1996 at 7 30 p m, local time, in the Council Chambers of the City Hall as the time a n d 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 ip. 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 a n d the estimated cost and expense thereof to be borne by each lot, tract a n d 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 a s 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 other incidental work All of the foregoing shall be in accordance with the plans a n d 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 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 $227,737 00 Approximately $46,688 76 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 provision 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 Properties connecting to water and sewer lines to be constructed a n d installed in Frontage Road, 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 i n 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 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 a n d established in the office of the City Director of Finance The proceeds from t he 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 1 n 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 i n connection with the improvement shall be issued against the Local Improvement Fund Section 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 a n d 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 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 481 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 3/4 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. PASSED by the City Council of the City of Pasco, Washington, at a regular open public meeting thereof, this 3rd day of June, 1996 ATTEST City Clerk APPROVED AS TO FORM City Attorney 41 THE NOEL C00100A100 'KUM ASSCSSAIENTT $7 250 86 40 UTirCITIZTID) PRELIM ASSESSMENT $2 356 53 _HOPKINS ST E-n • BO 39 ROMAN MVO, 01 SPOKAN PRELIM ASSESSMENT *998 25 30 30 34 vow., CONS, MINI ASSESSMENT $10 682 72 38 CASTREY 'M AW COLUMBIA AL PARR /RUIN ASSESSMENT. $12 162 58 2 COLUMWA MEMORIAL NPR PRELIM ASSESSMENT 25 495 24 37 LUCILE • TICE PIKE m ASSESSNENT $7081 04 36 WALL STREET CROW FREW. Asstsswoo $15 470 14 35 11011 ENTERPRISES P0E104 ASSESSmENT $15 356 83 CC TATTETI ESTATE PREllm ASSCSSmENT $13 548 46 3 GOIMNBIA MEMORIAL PARR PRIEM ASSESSmENT $804 90 CC FABER ESTATE vg..2Airyr - 8 DATTIO 130ERMOTT PITON ASSESS...0 $823 11 7 RASMOSSEN POOLS 0SSESS/1E1R $1 258 11 JERRY RIMEMART 05E110 ASSESSMENT $823 11 10 AUTISM TAMES PRELIM ASSESSIALNI $823 11 1 1 PAUL 5 COOLLY MELON ASSESSMENT $82311 12 INCIMPO CALL MIN *5505 50(01 $82311 13 .111. SCNOUVILLIP PRELIM ASSESSTADOT *823 11 18 CORts BITION ASSESSME $823 11 17 RONALO STROMO PRELIM ASSESSMENT $823 11 16 1 OCGL TATIEZ PRELIM ASSESSMENT *823 11 15 PATRICIA NOLLAMOSMORIN PRELIM 0550550 $823 11 4 NORMAN RUBEL PRELIM ASSESSMENT $823 11 20 VELMA HUSTON P000E4 PROM ASSESSMENT $2 713 11 21 PEN HERRES PRUITT ASSESSMENT $823 11 a... i1 103015;1""01 23 JACOOELINS 1E5401 PRELIM MESSICK! $823 11 24 CANDACE CLARK PRELIM ASSESSMENT $82311 C\2 19 ANTONIO PERU PRELIM ASSESSMENT $2 878 11 COLUMITTA MEmOMM PARK PRtLY ASSESSITENT $13 016 16 33 EARL WATTETWATROEP PAWN ASSESSATINT $29 773 39 400 28 4110004 SWABS PRELIM ASSESS. $823 11 RiETERTO PORTILLO PRELIM ASSESS. $82311 26 w BURNS 0901104 ASSESS. $823 11 29 14443 TROKRTTS PRELIM ASSESS 2 488 11 20TH AVE 30 COCA COLA BOTTUNG MIN ASSESSMENT *8 262 53 32 G CARTER 05.1E5 (1) CARL WATTENBURGIO (0) PRELIM ASSISSmENT $15 156 13 31 ROBERT W GPM (P) LEE L PRYOR (0) PK. SuSSTIEWI $1 230 59 25 4.4 OvER140/1 PRELIM ASSESS. 4823 11 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 3rd day of June, 1996, as that ordinance appears on the Minute Book of the City DATED this day of June, 1996 Daniel L Underwood City Clerk DAY OF j-uuti-t , .0006•••1,40 . 4400- i ()taOT A . tri• Ry 't eXtig _PO BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 5g& LEGAL ADVERTISING INVOICE SOLD TO PASCO, CITY OF LEGALS F.O. BOX 293 PASCO WA 99:301 DATE (-11= /():4/ qf- ACCOUNT NO 50550 DESCRIPTION #901 CITY OF FASCO, WASHIN 41 . 20 INCHES TOTALS 491.21- LEGAL NO *="1 TIMES 001 1 NOTICE This is an invoice for legal advertising apace Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFFIDAVIT OF PUBLICATION COUNTY OF BENTON STATE OF WASHINGTON IM BEZOLD , being duly sworn, deposes and says, I am the Legal Clerk of the Tri-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 #901 CITY OF F'ASCO , WASH I N as it was printed in the regular and entire issue of the Tri-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 06/09/96 , and ending on 06/09/96 , and that said newspaper was regulary distributed to its subscribers during all of this period MINE -0' JUN 14 1996 Ce3c 3)1 0( SUBSCRIBED AND SWORN BEFORE ME THIS an. 4-41 ENotary public In and for the Sr of W7.4sh- cfsb, ington, residing at KENNEW K W ' rl'S° ‘,..• COMMISSION EXPIRES 07/02 / 9 74 ‘404am.00 Li I Y FAbC.0 ... WASHINGTON. OROINAnits RO. 3156-4 AN ORDINANCE ordering the Improvement - of Frontage Roact`',:.'frohr Hopkins Street to 20th Avenue and Road 24 from Hopkins Street to Lewis Street all in accordance with Resolution No 2246 of the- City Council estab- lishing 9S!L!mggpvement Die rl9tj.lo T25 an - mg th, carrying out of the proposed improvement Providing that payment for the improvement be made in. part by special assess- ments upon the property in the District., payable by the mode .rot- 'payment by bonds...tend providing for the Issuance-and:nal* of local, improvement- district f on.= o tad necessasymouricceihdfon, grading.. and beset course and. rightrofpwa),C,acquisl ,- bon,: ot ,thet,samer part Freeteas Streetwfdtltriank niztt zvandiA wets .-Wandi• stabsarrftzther incidental work. and fixed June 3. 1996 at 7 30 p.m. local time Council Chambers of-the City Hall as -the time- and. place for hearing all matters relating to the-prpposed improve- ment and all objections thereto and for determin- ing the method of payment for the improvement. and WHEREASiwot throroCity Engneed caused( mate to- be. madouot the cost and expense of the' ped.M.c Improvement and certifiedthatestirnate. tithe City CouncRetogeth- op-with- alb. peplums/3nd- information. Int.tikEPosses-e I siomr touching- the-n pro4 i posed- Improvement/Pia ' descriptioneof tbe, bound-- ariesof therproposecLiocal improvement- districtandai statement? of,what e._ ImPtovemeracr:shou the.. andfletPansts be borne tistbe,pmperty withifrk tho?,proposeckdle- tricc and Is. accompanied- by- a dist-, grarro of tthe.. proposed improvement.... showing thereon the. lots tracts:: parcels of land and other' property which will be sae-, orally benefited by the prod posed improvement- and the estimated. cost and expense thereof to be borne by each lot, tract and parcel. of-land or °thee property- and . •••••• selei WHEREAS, due notice of the above hearing was given in the-manner pro- vided by., law and the- hearing was held by the City Council on the date and at the time above mentioned and all objec- tions to the proposed improvement were duly considered and overruled by the City Council and all persona appearing at such bearing and wishing to be heard were heard. and WHEREAS the City Council has determined It to be in the beet interests of the City that the Improvement as here- inafter described be car- ried out and that a local improvement district be created in connection therewith NOW THERE- FORE. 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 improve- ment of the properties within the area described in Exhibit A - attached hereto and by this refer- ence made a part heneoP 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 skie drainage facili- ties and including neces- sary excavation grading and base bourse and right- 'order( th area P=4. e attachelrheristlawandby this referefibe ,madoe pad hereon:I bip -thei.irnpravisal of...Ftontrigsei,Eteedk rtZaHopkInrkStoietancs 20thiAvenuerAindIROa4ag tram, HopkinakStreelenot Lewis Street byrconatzuct= ingA, asphalt:4 surfacing curb and g sidewalks Warraritk" rei7deernablan'i In cash or other short-term finanotrig.s:.r- aion:V - local improverne bondsrand than interfuridloarts. WHEREAS; by No 22414 adopted. ;4%9 tiefeci ltliff anckreo be Jeclowneci, bit men= andort by -boat' Improverner14 Nr„district, bonda hersisauthortoed bealesuedgeuctit luternaimirohoscatiornatcPr;t0Zas4 leattskshod-terrrn- oirLb ihej dOnet.passuanCto. Chapter 3iX/StiRCY*Sfitturke. Into turaLloanniror li theuCttlit ire authorized to. leauise.local,Nmprovementi districtsiiiboridoulloc the+ whicligehall. boar; ag ez rater land be payab orn;-orlk brewer, al detonable- hereafter fixed ri.ortlirranoeThe bonds' alLoes bet -F issued --- irvi uscohange.jtot, andIP or.. Ind 'redemption ot'anyx and alf4 reventsetwarrantor issued hereurider"or-other-sh authorized-.L,- and *-- not-1 Iterm obligations hereafter csantwithi twentrdays after the- attiortroirtberthlny-clay pa oclittocthec cash- payme wtthoatintereer.ot assess- anentrigont the assessment, roll forr.thel.aistricti- The bonds shall, be redeemed by thee:oboe:don of special , assessments-tabs, levied I land assessed against the 1 ' propertyvelthIn the District, payable,In annual install- ments.- with interest at a raison° be ;hereafter fixed byv•ordinanos-unden. the modez- ofte'payment • by ,bondoras drifined by law and the ordinances of the Ityvt.Therfr exact+3 form amourittiatte,iinterest rate andite denominationinw of atudt bonds hereafter shall bswiliced- by ordinance of tissekCit/A-Councll?.. Such bondersohall-be..sold in wen-manner as the City Councfiffishereafter- shall determine. -%-r -...,-i - - SeatioarIV=In =all cases where: thoworioneoessary to be deno.in connection with. the making of such improvement Is carried out pursuant to contract upon competttive-bids (and the City . ahalIVi have . and resen•es therrWit to reject any. andall li .fftli" the call for bids shall elude a statement that payment for such work will be made in castrn warrsuits drawn upon the-, Local -Improvement Fund. -',,.'"`'.. .." " Section- 6 . The , Local I Improvement' Fund for the District is created a end established in the office of the 4, 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 colleo- bons of special assess- ments Interest and penal- ties 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 15 days of the passage of this ordi- nance there shall be flied with the City Director of Finance the title of the Improvement and District number a copy of the dia- gram or print showing:tell boundaries of the D and the preliminary assessment roll or abstract of such roll show- ing thereon the lots tracts and parcels of land that will, bit. 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 'loll upon his Index of local Improvement asseesments against the =enters affected by the improvement In Exhiolt A attached hereto and by this refer- enoe made a part hereof , by the improvement of Frontage - _Road. shorn Hopkins Street to 20th Avenue and Road 24 from Hopkins Street to Lewis Street by constructing asphalt surfacing -curb and gutter Sicknisficson one side drainage ties and including noose- Gary excavation grading and base course and right- of-way acquisttion of tho same apart of Frontage Street with Illumination and water and -sewer stubs and other incidental work. All of the foregoing shall be in accordanoe 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 creat- ed and established a local improvement district to be called Local improvement District No 125 of the City of Pasco Washington (the "Dishier% the boundaries or territorial extent of the District being more parbo- ularly described in Exhibit A attached hereto and by this reference incorporat- ed herein Section 3 The total esti- mated cost and expense of the improvement is declared be 4227 . 737 - Approximately -648 688 78 of the cost and expensedf the coat of _one-inch of asphalt -paving on Frontage -"Road and -the amount that-would other: wise be assessed against exempt property -shall be paid bala nce the City and the of -such roost-and expense shall be borne by and assessed -against the property especially -benefit _ ed by such improvement Included In- the Districts which embraces as nearly as practicable -all ,propeny specially -benefited " •y such improvement. Section 4 In accordance with the provision at .ROW 35 44 047 the -City -may"' use any method or combiz" nation of methods to com b puts assesaments -which reflect -the special.bene may -2ser deemed-to dalrlyj .the k properties,„belftg assessed Auf.r ection-S'ILNoeproperly. any .porlIon of.which About- side theMistrictornayobn- nerd 104hose ..4improve- mentse.-loonstructed1.-or 'made %a ;flied mot sou oh District imunleatheittherthat property ...shall delve *wen subject -rito the 'especial assessments 'Lon Air the assessment toll '-for That District or the owners of that -property /shall -shave paid prior to sucsh .conneo- lion .a charge sthrillieu not sasesernent which shall be The equivalent cot those assessments which would have been,applied thatpropertylvadAt been District.'",.‘„ ft.% naludecit,:iggithinthat mambos .connecting -Ato y water and 'sewer lines -to be constructed and installed men.tAFrontage oadolivotillibOintbject 16' *Dotage eland *area andotherconneo- don eresma ...condition of suchoonnootion 31woost %A these impnwoments will not tre assessed under the coal improvementtlistriot. Section -8 bLocal An/prove- merit district warrants may be issued dn payment of the cost and expense the"-improvement, herein' ordered 4o be assessed such 'warrants 10.i-be-paid out the Arlocial District =No -125ribere- Matter rp.croated r=..and ' referred -to as --the Aocal siFundo-and the bonds ,referred to mottion rano .issued etekveinsIso.the ins) tribruon true lots tracts end parcels of land that MIL bc„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 4 roll upon his index of local improvement assessments against the properties affected by mei local improvement. It is the 'Intention of the City Council of the City of Pasco -Washington to create a local improve- ment district to include for the purpose of assess Thant '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 OT E along the east line or 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 dis- lanai 250 00 feet to the SE corner of Lot 3 of short plat 75-2 thence N 89 degrees 38 20" W a dis- tance 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 clui- tanos of 130 feet to the centerline of Road 22, thence -N .01 degrees 39 07' E along the centerline of Road .= a distance of 5611 .feet .thenoe N 89 degrees 38 20' W a dis- 'tenors-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 Asoutherty .iot lines of Lots 21 and 13 Block 2 Eagle Estates No 2 a dis- tanoe-of 287.2 teat to the centerline -of Road 23 thence _S 01_ degrees 39 or W.along the centerline of Road 23s distance of 7 feet them/6'N 89 degrees 38 20'3Ne 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 "11834 feet to the -SW -comer of Lot 7 Bloci -taglet Fspess No 2:Idoms sI degrees 41•4,1 E -distance of 30440 'feet -to 'the north- wastroornerfoteehort plat 7-03,4:1henots,IIN;,-89 egr.es ,4W 2171.1/V-reidis- pancake' 328213peet 10 a Int ft.-thence. N.. 64 moo :14'..00".aW a -do- Aot11 08 004aset .to a athlete oesterlyfine of pie Estates, thence N 1:11 degrees 411.10E a do- '*enor, of 4814feet anore or W as to the center line of Slopidris St, theme N 89 -degrees 46'20" Wailong the-oenterline of Hopkins SIX to the souther* projec- tion of the westerly line -of the W 1/2 of the SE 1/4 of the NW 4/4-cif the SE,1/4 1 thence N ,03 Orronsea .28 , 114Eaderw maid wester* tine of the west 1/2 of the ISEc1/40of ANs NW 1/4 of the 'SE -1/4 -to -the center- line of RNV of way of Lewes south -436 Ea • g1s --4Is Asoenterlirw,iot, 'Ect2Z' E along ‘Street So otts..1nter- Section with the soot fine fot said Section 25,thenos isouthelong the oast-line of Mudd Section 25 to the true of beginning e 'e).261tSED by -the City Council of the City of Pasco Washington at a Aregular open public meet- ding thereof, this 3rd day of Lune 1996 • Chants 0 •Klibury,,...,- 114.1 ,CJ •••••,..§,g t., • Catherine 0 Seaman:. City Clerk ...Az: s ki Approved as to Form. 7 -o- Irene McDaniel, Sky Attorney opapt - ARVAR Unreadable Original 1101001 111 1 11111111111111 101100 FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 PO BOX 293, 525 NORTH 3RD AVE , PASCO, WASHINGTON 99301 June 5, 1996 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3155 & 3156 on the following date June 9, 1996 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 ACCOUNT NO 50550 DESCRIPTION #901 CITY OF FASCO WASHIN TIMES 001 41 .20 INCHES — Cksa _.P 0 BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LEGAL ADVERTISING INVOICE SOLDTO FASCO, CITY OF LEGALS F.O. BOX 293 F ASCO WA 99701 DATE riE/(39 / -LEGAL NO *901 TOT L$ 491.2e NOTICE 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 cDia \s_S AFFIWVIT OF IV Zi 731.1 ATll COUNTY OF BENTON SS STATE OF WASHINGTON TN BE:OLD , 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 #901 CITY OF FASCO WASHIN 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 , and ending on 0b/()%4P-.31,7, 06/0919b , and that said newspaper was regulary distributed to its subscribers during all of this period HEM JUN 14 1996 CITY OF PhSCO, WASHING TON ORDINANCE NO 3155 AN OR°01NANC ordering the rcriproven lent of Frontage Road from :Hopkins Street to 20th lAvenue and Road 24 from 1 Hopkins Street to Lewis Street all in accordance , with Resolution No 2246 of the City Council estab- lishing Local rove rnent Districtcf 26 an or ing the carrying out of the proposed improvement providing that payment for the improvement be made in part by special assess ments upon the property in the District payable by the mode of payment by bonds and providing for the issuance and sale of local improvement distr&t .K flu LBe ep-to( _ SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF d.A.-tut „wool:49 6°0,9,N,, ,40"ve, M c <1.- - A, t.. xs .. • .14 Ir . _tASSION • si,s.01., +Iv 4 - 10 CI (,,t\--(_,.______ 1n./.\----c.n,-,,y_k_____ g I ( )%40T AR 11 1 1, .... - - . - • i - - i .1.-- Notary public in and for the state of Wash- .. ... .. \r.i7PUBO CI I - 4,t" ington, residing at ENNEW • I. I LIN , WA COMMISSION EXPIRES 07./02/99 igg p warrants redeemable in cash or other short-term financeng arid local imprcyement ,4 district bonds and the making of interfund loans WHEREAS by Resolution No 2246 adopted May 6 1996 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 improve- ment of Frontage Road from Hopkins Street to 20th Avenue and Road 24 from Hopkins Street to Lewis Street by construct- ing asphalt surfacing curb and gutter sidewalks on one side drainage facilities and including necessary excavation , grading and base course and right of way acquisi non of the same part of Frontage Street with ilium; 'nation and water and sewer stubs and other incidental work and fixed June 3 1996 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 improve ment and all objections thereto and for determin- ing the method of payment for the improvement and WHEREAS the City Engineer caused an esti- mate to be made of the cost and expense of the proposed improvement and certified that estimate to the City Council togeth- er with all papers and information in his posses- sion touching the pro posed improvement a description of the bound- aries of the proposed local improvement district and a statement of what portion of the cost and expense of the irrtprovemenf should be borne by the property within the proposed dis tnct and WHEREAS that estimate is accompanied by a dia gram of the proposed improvement , showing thereon the lots tracts parcels of land and other property which will be spe clay 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 pro- vided by law and the hearing was held by the City Council on the date and at the time above mentioned and all objec tions to the proposed improvement were duly considered and overruled by the City Council and all persons appearing at such bearing 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 here inafter described be car- ned out and that a local improvement district be created in connection therewith NOW THERE- FORE 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 improve ment of the properties within the area described in Exhibit A attached hereto and by this refer ence made a part hereor by the improvement of Frontage Road from Hopkins Street to 20th Avenue and Road 24 from Hopkins Street to Lewis Street t, by cortstructing asphalt surfacing curb and gutter sidewalks on one side drainage facili- ties and including neces- sem/ excavation grading_ cer and to be redeemed in cash and/or by local improvemer)4 , district bonds herein luthorized to be issued such interest- bearing warrants to be hereafter referred to as revenue warrants In the alternative the City may issue short-term obliga- tions pursuant to Chapter 39 50 RCW or make inter fund loans The City is authorized to issue local improvement eell district bonds for the se ,13 District which shall bear payable on or before a wed interest at a rate and be date to be hereafter fixed e6e; by ordinance The bonds D A sa shall be issued in ;Ala exchange for and/ or in ewe redemption of any and all emu revenue warrants issued ie ue i hereunder or other short- A6 0+ term obligations hereafter )3 authorized and not own ' redeemed in cash within well twenty days after the expi- Bui ration of the thirty-day pen- sew i od for the cash payment laid without interest of assess- 000 ; ments on the assessment neol roll for the District The A vs , bonds shall be redeemed up w l by the collection of special j0.1 61 assessments to be levied ;041 and assessed against the dde property within the District 00 payable in annual install- ments 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 sv 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 denb in cocePection with the making of such improvement is carried out s pursuant to contract upon 3 competitive bids (and the a City shall have and d reserves the right to reject any and all bidsr 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 a 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 collec- tions of special assess- ments interest and penal- ties 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 15 days of the passage of this ordi nance there shall be filed with the City Director of Finance the title of the improvement and District number a copy of the dia- gram or print showing the boundaries of the District and the preliminary assessment abstract of such roll l Or show- ing thereon the lots tracts and parcels of land that will bc 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 4 immediately shall post the proposed assessment 'roll upon his index of local improvement assessments against the _properties affected by the • 1 one side drainage facili- ties and including neces- sary 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 other ncidental 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 Section 2 There is creat ed 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 partic- ularly described in Exhibit A attached hereto and by this reference incorporat ed herein Section 3 The total esti mated cost and expense of the improvement is declared to be $ 2 2 7 7 3 7 00 Approximately $46 688 76 of the cost and expense of the cost of one inch of asphalt paving on Frontage Road and the amount that would other wise 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 benefit ed 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 provision of RCW 35 44 047 the City may use any method or combi nation of methods to corn pute assessments which may:, be deerned. to fairly reflect the special benefits to the properties being assessed Section 5 No property any portion of which is out side the District may con nect tc thoe..e /Improve ments 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 connec- tion 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 Properties connecting to water and sewer lines to be constructed and installed in Frontage Road will be subject to front footage and area charges and other connec tion fees as a condition of such connection The cost of these improvements will not be assessed under the local improvement district Section 6 Local improve ment 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 here- inafter created and referred to as the Local Improvement Fund and until the bonds referred to in this section are issued and delivered to the pur chaser thereof to bear interest from the %date thereof at a rate to be established hereafter by the City Director of Finance as issuing offi- Index of local improvement assessments against the properties affected by the local improvement It is tie intention of the City Council of the City of Pasco Wephin9ton to create a local improve- ment district tp include for the purpose of assess ment 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 alon9 the east line or 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 dis tance 250 00 feet to the SE corner of Lot 3 of short plat 75 2 thence N 89 degrees 38 20 W a dis- tance 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 dis- tance 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 dis- tance 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 dis- tance 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 014degrees 41 10 E a distance of 304 50 feet to the north east corner of short plat 87 03 thence N 89 degrees, 46 20 W a dis tance ot 328 20 feet to a point thence N 64 degrees 14 00 W a dis tance of 168 00 feet to a point on the easterly line of Eagle Estates thence N 01 degrees 41 10 E a dis tance of 481 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 projec tion 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 center- line of R/VV of way of Lewis St thence south 66 degrees 55 22 E along the R/W centerline of Lewis Street to its inter- section with the east line of said Section 25 thence south along the east line of said Section 25 to the true point of beginning PASSED by the City Council of the City of Pasco Washington at a regular open public meet ing thereof this 3rd day of June 1996 -s Charles D Kilbury Mayor ATTEST -s Catherine D Seaman City Clerk Approved as to Form -s- Irene McDaniel City Attorney #901 6/9/96 ' -IND XMT JOURNAL- *********>,4 ,*** DATE JUN-05-1996 ***** TIME 08 02 *,1,4,.4-1-k** DATE/TIME = JUN-05-1996 07 58 JOURNAL No = 04 COMM RESULT = OK PAGE(3) = 011 DURATION = 00 0400 FILE No = MODE = TRANSMISSION DESTINATION = <01> / 9 582 1453 / TCH RECEIVED ID = / 1 509 582 2143 ,ESOLUTION = STD -CITY OF PASCO FINANCE - - 1 509 544 7082- ****1,****