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HomeMy WebLinkAbout3427 Ordinance ORDINANCE NO.3427 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, ORDERING THE IMPROVEMENT OF LAYING ASPHALT FOR NEW STREETS, INSTALLING SANITARY SEWERS AND STREET LIGHTING EAST OF UTAH AVENUE TO ELM AVENUE AND NORTH OF HIGHLAND STREET TO SHEPPARD STREET ALL IN ACCORDANCE WITH RESOLUTION NO. 2533 OF THE CITY COUNCIL; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 139 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. 2533 adopted June 19, 2000, the City Council declared its intention to order the improvement of laying asphalt for new streets, installing sanitary sewers and street lighting east of Utah Avenue to Elm Avenue and North of Highland Street to Sheppard Street, and fixed July 17, 2000, at 7:00 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 Public Works Department of the City 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 its possession touching the proposed improvement, a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district; and WHEREAS, that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed improvement and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property; and WHEREAS, due notice of the above hearing was given in the manner provided by law, and the hearing was held by the City Council on the date and at the time above mentioned, and all objections to the proposed improvement were duly considered and overruled by the City Council, and all persons appearing at such hearing and wishing to be heard were heard; and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvement as hereinafter described be carried out and that a local improvement district be created in connection therewith; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows: Section 1. The City Council of the City of Pasco, Washington (the "City"), orders the improvement of laying asphalt for new streets, installing sanitary sewers and street lighting east of Utah Avenue to Elm Avenue and North of Highland Street to Sheppard Street All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the Public Works Department of the City, 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. 139 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 $447,444.37. The entire cost and expense shall be borne by and assessed against the property specially benefited by such improvement included in the District, which embraces as nearly as practicable all property specially benefited by such improvement. 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 more fairly reflect the special benefits to the properties being assessed than the statutory method of assessing the properties. 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. 139, 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/Budget, 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 hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to chapter 39.50 RCW. If the City shall authorize expenditures to be made for such improvement (other than for any cost or expense expected to be borne by the City) prior to the date that any short-term obligations or local improvement district bonds are issued to finance the improvement, from proceeds of interfund loans or other funds that are not, and are not reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside to pay the cost of the improvement herein ordered to be assessed against the property specially benefited thereby, the City declares its official intent that those expenditures, to the extent not reimbursed with prepaid special benefit assessments, are to be reimbursed from proceeds of short-term obligations or local improvement district bonds that are expected to be issued for the improvement in a principal amount not exceeding $447,444.37. 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 -2- interest of assessments on the assessment roll for the District. The bonds shall be paid and 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 b. In all cases where the work necessary to be done in connection with the making of such improvement is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work will be made in cash warrants drawn upon the Local Improvement Fund. Section 7. The Local Improvement Fund for the District is created and established in the office of the City Director of Finance/Budget. The proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and the collections of special assessments, interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvement and cash warrants in payment for all other items of expense in connection with the improvement shall be issued against the Local Improvement Fund. Section 8. Within 15 days of the passage of this ordinance there shall be filed with the City Director of Finance/Budget 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/Budget 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 and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open public meeting thereof, this 17`" day of July, 2000. Michael L. Garrison,Mayor ATTEST: APPROVED AS TO FORM: Catherine D. Seaman,Deputy City Clerk Leland B. Kerr, City Attorney -3- EXHIBIT "A" Road L.I.D. 139 Beginning at the southwest corner of Block 1, Lot 9, Sagemoor Park Addition, also being the northeast corner of Parkview Boulevard and North Elm Avenue; thence northerly along the west right-of-way line of North Elm Avenue to the northwest comer of Lot 1, Block 1, Sagemoor Park Addition; thence northerly to the southwest corner of Lot 10, Block 11 vacated Highland Park Homes Addition; thence northerly along the west right- of-way line of North Elm Avenue to the northwest corner of Lot 1,Block 11, of said addition; thence northerly along the east right-of-way line of North Elm Avenue to the north right-of-way line of east Sheppard Street; thence easterly along the north right-of- way line of east Sheppard Street to west right-of-way line of Highway 182; thence northwesterly along the west right-of-way line of Highway 182 to a point being 200 feet south of the 1/4 section line of Section 21, Township 9 North, Range 30 East;thence north 89 degrees 25 minutes west a distance of 1169.40 feet to a point; thence north 0 degrees 24 minutes east a distance of 200 feet to the 1/4 section line of Section 21, Township 9 North, Range 30 East (W.M); thence westerly along the 1/4 section line of said section to the west 1/4 comer of said section; thence southerly along the said western section line to the northeast corner of lot 18, Block 20,Freys Addition; thence southwesterly along the north lot line of said Lot 18 to the northwest corner of Lot 7, Block 20 Freys Addition; thence southeasterly along the west right-of-way line of Nevada Avenue to the southwest corner of Lot 2, Block 19, Freys Addition; thence northeasterly along the south line of said Lot 2, to the southeast corner of said Lot 2; thence southeast along the east lot line of lots 3,4,5 and 6 of Block, 19, Freys Addition to the western right-of-way line of North Wehe Avenue; thence easterly and perpendicular to the west right-of-way line of North Wehe Avenue to the east right-of-way line of Wehe Avenue; thence south along said right-of-way line to the southwest corner of Lot 5, Block 1, Plat of Highland Park Homes; thence easterly along the south lot line and projections of lot lines of Lots 5 and 16, Block 1, and Lots 5 & 16 Block 4,Lots 5 &16, Block 5, and Lot 5, Block 6 of said plat to the northwest corner of Lot 15, Block 6 of said plat; thence southerly along the west lot lines of Lots 15, 14, 13, 12 and 11, Block 6 of said plat and the southerly projection of the westerly lot line of Lot 11, Block 6 of said plat to the south right-of-way line of east Highland Street; thence easterly to the northwest corner of Lot 23,Block 7, Highland Park Homes; thence southerly along the western lot line of Lot 23, Block 7 of said plat; thence westerly along the projection of south line of Lot 23, Block 7 of said plat to a point being 120 feet west of the west right-of-way line of North Elm Avenue; thence southerly being parallel to and 120 feet west of right-of-way of North Elm Avenue to a point being 120 feet north of the north right-of-way line of Parkview Boulevard; thence easterly along the north line of Lot 8 & 9, Block 2 Plat of Highland Meadows Phase 1 to the northeast corner of said Lot 9;thence southerly 120 feet along the west right-of-way line of North Elm Avenue; thence easterly along the north right-of-way line of Parkview Boulevard to the true point of beginning. +'+'+•iii•iii+++++�••+a� „'1' 11,1 ,1,�,��1, � +�•j••+N•!�N+!•j!++jr►-j!f,�;'ei;��','�j�� ice,.;!►mot'►t''�✓►� ♦...!.!•..'�4•{►.w�,r;►����i� ►mot�/►.aa►� .•i+iii+iiiiii•i!��'w!��+'i�;�+'i' �� gi dM .....❖.❖.•...❖. a�eeeet�= __ mmm F,74 174 !N!!...•!.♦ .•fi l► 1;�, """"""'•`;•`^��_` _4�asses eeeeeeeee gill j