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HomeMy WebLinkAbout3864 Ordinance CITY OF PASCO, WASHINGTON ORDINANCE NO. �� AN ORDINANCE of the City of Pasco, Washington, relating to City street improvements; ordering the improvement to approximately 1300 feet of each of Road 90 and Road 92, north of Sandifur Parkway, to City standards, to include curb, gutter, storm drainage system, and power, all in accordance with Resolution No. 3075 of the City Council; establishing Local Improvement District No. 144, and ordering the carrying out of the proposed improvements; providing that payment for the improvements 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. 3075 adopted April 21, 2008, the City Council declared its intention to order the improvement to approximately 1300 feet of each of Road 90 and Road 92, north of Sandifur Parkway, to City standards, to include curb, gutter, storm drainage system, and power; and, fixed May 19, 2008, at 7:00 p.m., local time, in the City Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all comments thereon and 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 improvements 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 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, -1- 50912498.1 THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY ORDAIN as follows: Section 1. The City Council of the City of Pasco, Washington (the "City"), orders the improvement of the properties within the area described in Exhibit B, by the improvements to approximately 1300 feet of each of Road 90 and 92, north of Sandifur Parkway, to City street standards, to include curb, gutter, storm drainage system, and power, as more particularly described in Exhibit A (the "Improvements"). The Improvements 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 Improvements. Section 2. There is created and established a local improvement district to be called Local Improvement District No. 144 of the City of Pasco, Washington (the "District"), the boundaries or territorial extent of the District being more particularly described in Exhibit B attached hereto and by this reference incorporated herein. Section 3. The total estimated cost and expense of the Improvements is declared to be $602,160.04. The entire cost and expense shall be borne by and assessed against the property specially benefited by such Improvements included in the District which embraces as nearly as practicable all property specially benefited by such Improvements. 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 Improvements herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 144, 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's Financial Services Manager, 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 Improvements (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 Improvements, 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 Improvements 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 -2- 50912498.1 local improvement district bonds that are expected to be issued for the Improvements in a principal amount not exceeding $602,160.04. 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 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 6. In all cases where the work necessary to be done in connection with the making of such Improvements 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 may be made in cash warrants drawn upon the Local Improvement Fund or by check or other lawful instrument through the City LID Construction Fund, LID 144 Account, for and on behalf of the District. Section 7. The Local Improvement Fund for the District is created and established in the office of the City Financial Services Manager. 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 Improvements and cash warrants in payment for all other items of expense in connection with the Improvements may be issued against the Local Improvement Fund. Alternatively, payment to the contractor or contractors may be made through the.City LID Construction Fund, LID 144 Account, for and on behalf of the District. Section 8. Within 15 days of the passage of this ordinance there shall be filed with the City Clerk the title of the Improvements 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 Improvements to be borne by each lot, tract or parcel of land. The City Clerk immediately shall post the proposed assessment roll upon her index of local improvement assessments against the properties affected by the local Improvements. PASSED by the City Council and APPROVED +4�eMayor of the City of Pasco, Washington, at a regular open public meeting thereof, this ay of May, 2008. -3- 5091Z49B.1 ATTEST: Jo Olson, Mayor �(Ao 0 De ra L. ark, City Clerk APPR MAS TO FORM: Leland B. Kerr, City Attorney -4- 50912496.1 EXHIBIT A LID No. 144—in Road 90 and Road 92 North of Sandifer Parkway The LID is to include the work of installing curb, gutter, storm drainage systems, power and the roadway to City of Pasco standards. In Street From To Road 90 Sandifur Pkwy North of Sandifur Pkwy 1,300 feet Road 92 Sandifur Pkwy North of Sandifur Pkwy 1,300 feet Exhibit A 50912498.1 EXHIBIT B LID No. 144-North of Sandifur Pkwy in Road 90 and Road 92 Legal description of the boundary: That portion of the south half of the north half of Section 8, Township 9 North, Range 29 East, W.M. in Pasco, Franklin County, Washington, described as follows; Commencing at the intersection of Sandifer Parkway and Road 92, also being the center of Section 8, Township 9 North, Range 29 East, W.M. in Pasco, Franklin County, Washington; thence northerly along the centerline of Road 92 a distance of 40-feet, being the northerly right- of-way line of Sandifur Parkway, also being the True Point of Beginning; Thence easterly along the northerly right-of-way line of Sandifer Parkway, a distance of 30-feet to the southwest corner of Lot 24, Cole's Estates; thence continuing easterly along the northerly right-of-way line of Sandifur Parkway, also being the southerly property line of Lot 24, Cole's Estates, and Lot 9, Cole's Estates, to the southeast corner of Lot 9, Cole's Estates, also being the western right-of-way line of Road 90; thence continuing easterly along the projection of the southerly line of Lot 9, Cole's Estates, a distance of 60-feet, to the easterly right-of-way line of Road 90; thence northerly along the easterly right-of-way line of Road 90, a distance of 11-feet, to the point of intersection of a 35-foot radius at the southwest corner of Lot 1, Binding Site Plan 2006-05; thence easterly along the southerly tangent of the radius and continuing along the southerly line of Lot 1, Binding Site Plan 2006-05, to the southeast corner of said Lot 1; thence northerly along the easterly line of Lot 1, Binding Site Plan 2006-05, to the northeast corner of said Lot 1, also being on the southerly line of Lot 7, Cole's Estates; thence easterly along the southerly line of Lot 7, Cole's Estates to the southeast corner of said Lot 7; thence northerly along the eastern line of said Lots 7, 6, and 5, Cole's Estates, to the northeastern corner of Lot 5, Cole's Estates; thence westerly along the northerly line of said Lot 5, to the northwest corner of Lot 5, Cole's Estates, also being the easterly right-of-way line of Road 90; thence westerly across the right-of-way of Road 90 to the northeast corner of Lot 11, Cole's Estates, also being on the western right-of-way line of Road 90; thence westerly along the northern line of said Lot 11 to the northwesterly corner of said Lot 11; thence southerly along the western line of said Lot 11, to the northeast corner of Lot 20, Cole's Estates; thence westerly along the northern line of said Lot 20, to the eastern right-of-way line of Road 92; thence continuing along the westerly projection of the northern line of said Lot 20 to the centerline of Road 92; thence southerly along the centerline of Road 92 to the projection of the southerly line of Mediterranean Villas Phase 5 (Parcel No. 115-441-156); thence westerly along the projection of the southerly line of Mediterranean Villas Phase 5 to the westerly right-of-way line of Road 92, being the southeasterly corner of Mediterranean Villas Phase 5, also being the northeasterly corner of Lot 4, Block 4, Broadmoor Park No. 1, including a portion of the vacated right-of-way along the northern line of said Lot 4; thence continuing westerly along the said Lot 4 with vacated right-of- way to the northwestern corner of Lot 4, Block 4, Broadmoor Park No. 1, with vacated right-of- way; thence southerly along the western line of Lot 4, Block 4, Broadmoor Park No. 1, and Lot 3, Block 4, Broadmoor Park No. 1, to the southwest corner of said Lot 3, as modified by Lots 3 Exhibit B - 1 50912498.1 and 4 of Binding Site Plan 2005-08; thence easterly along the southern line of Lot 3, Block 4, Broadmoor Park No. 1, to the northwest corner of Lot 4, Binding Site Plan 2005-08; thence southerly along the western line of said Lot 4 and Lot 5, Binding Site Plan 2005-08, to the southwest corner of said Lot 5, also being on the northern line of Lot 2, Binding Site Plan 2004- 03; thence westerly along the northern line of said Lot 2, to the northwest corner of said Lot 2; thence southerly along the western line of said Lot 2, including the 20-foot jog easterly near the southern side of said Lot 2, to the southwest corner of said Lot 2, also being the northern right- of-way line of Sandifur Parkway; thence easterly along the southern line of said Lot 2 and tangent of a 25-foot radius at the southeast corner of said Lot 2, to the point of intersection of the radius; thence continuing easterly along the projection of the southerly line of said Lot 2, a distance of 30-feet to a point, also being the True Point of Beginning. Exhibit B - 2 50912498.1 WOMMM ALW=HrDIWAU vr.1 !IldgW 9DIWV -MVa VA :H :Nwrjn A A k.40 L wu ZPJD=00SYd 30 1110 NOISWU DNld33NI9N3 - LN3VWJVd3Q SM80M DnOnd jnl!PUDS JO N—Z6 PDOH V "ON 103r'Odd 06 PDO24—�-VL 0,1-1 pasodo.;d F— M 0OP4, P BROAD 4AD ARK > >j > m > 0 Fr m �1) 0);bt. � m - ! Of CTI 7v 4� Q0 C O ' L -, E aua jo rim 0 Ing 0 o II CD ZDIM LTI E T A T, VINTIAG�- Vl OE wr SrMINSTER LN L CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. `the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on May ;'2008, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after the publication of its summary in the City's official newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this_&"Jay of May, 2008. CITY OF PASCO, WASHINGTON �,tL(2,2A � J Debra L. Clark, tity Clerk 50912498.1