Loading...
HomeMy WebLinkAbout3932 Ordinance CITY OF PASCO, WASHINGTON ORDINANCE NO. 3932 AMENDED AN ORDINANCE of the City of Pasco, Washington, relating to City street improvements; ordering the improvement to .approximately 3400 feet in total, of Elm Avenue north of Alton Street and south of Lewis Street and Sycamore Avenue, Hugo Avenue, Waldemar Avenue and Cedar Avenue north of `A' Street and south of Butte Street and Butte Street east of Elm Avenue and west of Cedar Avenue, to City standards, to include curb, gutter, Sidewalks, storm drainage system, street lighting, and roadway improvements all in accordance with Resolution No. 3179 of the City Council; establishing Local Improvement District No. 146, 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. 3179 adopted August 3, 2009, the City Council declared its intention to order the improvement to approximately 4600 feet in total, of Elm Avenue and Sycamore Avenue north of Alton Street and south of Lewis Street and Sycamore Avenue, Hugo Avenue, Waldemar Avenue and Cedar Avenue north of`A' Street and south of Butte Street and Butte Street east of Elm Avenue and west of Cedar Avenue, to City standards, to include curb, gutter, sidewalks, storm drainage system, street lighting, and roadway improvements; and, fixed September 8, 2009, 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 -1- 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 amended the extent of improvements to exclude Sycamore Avenue north of Alton Street and South of Lewis Street and to reduce the estimate of cost and expense accordingly; 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 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 3400 feet in total, of Elm Avenue north of Alton Street and south of Lewis Street and Sycamore Avenue, Hugo Avenue, Waldemar Avenue and Cedar Avenue north of`A' Street and south of Butte Street and Butte Street east of Elm Avenue and west of Cedar Avenue,to City street standards, to include curb, gutter, sidewalks, storm drainage system, street lighting, and roadway improvements, 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. 146 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 $525,629 of which an estimated $171,171 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. 146, 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 -2- 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 local improvement district bonds that are expected to be issued for the Improvements in a principal amount not exceeding$171,171. 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 146 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 146 Account, for and on behalf of the District. -3- 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 by the Mayor of the City of Pasco, Washington, at a regular open public meeting the ay of November, 2009. Joyce Olson, Mayor ATTEST: '&�n4 LnkLvzy-l-� , City Clerk eeU APPRO S TO FORM: Leland B. Kerr, City Attorney -4- EXHIBIT A LID No. 146—Kurtzmans Park Neighborhood Improvements Phase 1 The LID is to include the work of installing curb,gutter, sidewalk, storm drainage systems, street lighting and roadway improvements to City of Pasco standards. In Street From To Cedar Avenue East `A' Street 300 feet south of Butte Court (east side) Waldemar Avenue 210 feet north of 170 feet south of Butte Street (east side) East `A' Street Waldemar Avenue East `A' Street Butte Street (west side) Hugo Avenue East `A' Street Butte Street (east side) Hugo Avenue 196 feet north of 125 feet south of Butte Street (west side) East `A' Street Sycamore Avenue East `A' Street Butte Street (west side) Butte Street Sycamore Avenue Hugo Avenue (north side) Butte Street Hugo Avenue Waldemar Avenue (south side) Butte Street Waldemar Avenue Cedar Avenue (north side) Elm Avenue 150 feet north of Lewis Street (east side) Alton Street Exhibit A EXHIBIT B LID No. 146 —Kurtzmans Park Neighborhood Improvements Phase 1 Legal description of the boundary: That portion of the south half of Section 28, Township 9 North, Range 30 East, W.M. in Pasco, Franklin County,Washington,described as follows; Beginning at the southwest corner of lot 17, block 9 of Kurtzman's First Addition to Pasco, filed for record in the office of the county auditor, Franklin County, Washington also being on the north line of East "A" Street; thence easterly, along said north line to the centerline of South Sycamore Avenue; thence northerly along said centerline to the centerline of East Butte Street; thence westerly, along said centerline, to a line that is the northerly projection of the west line of lot 32, block 9 of said plat; thence southerly along said projection and along the west line of lots 17 through 32, all of block 9,to the southwest corner of said lot 17 and the point of beginning. Together with the following; Beginning at the southwest corner of lot 24, block 10 of Kurtzman's First Addition to Pasco, filed for record in the office of the county auditor, Franklin County, Washington; thence easterly along the south line of said lot 24 and along the easterly projection of said south line to the centerline of South Hugo Avenue; thence southerly along said centerline to the north line of East "A" Street; thence easterly along said north line to the southeast comer of lot 16,block 11 of said plat; thence northerly along the easterly line of lots 1 through 16 to the a line the is parallel with and 30 feet southerly of the centerline of East Butte Street; thence easterly along said line to a line that is the northerly projection of the west line of lot 32 of said block 11; thence southerly along said projection and along the west line of lots 17 through 32 to the southwest corner of said lot 17, also being on the north line of East "A" Street; thence along said north line to the centerline of South Waldemar Avenue; thence northerly along said centerline to a line that is the westerly projection of the south line of lot 8, block 12 of said plat; thence easterly along said projection and along said south line to the southeast corner of said lot 8; thence northerly along the east line of lots 7 and 8, both of block 12, to the northeast corner of said lot 7; thence westerly along the north line of said lot 7 and along the westerly projection of said north line to the centerline of South Waldemar Avenue; thence northerly along said centerline to the centerline of East Butte Street; thence westerly along said centerline to the centerline of South Hugo Avenue; thence southerly along said centerline to a line that is the easterly projection of a line that is parallel with and 5 feet southerly of the south line of lot 29, block 10 of said plat; thence along said projection and along said parallel line to the west line of lot 28 of said block 10; thence southerly along the west line of lot 24 through 28, all of block 10, to the southwest corner of said lot 24 and the point of beginning. Together with the following: Beginning at the centerline intersection of South Sycamore Avenue and East Butte Street; thence easterly along the centerline of East Butte Street to the centerline of South Hugo Avenue; thence northerly along said centerline to a line that parallel with and 30 feet north of the centerline of Exhibit B - 1 East Butte Street; thence westerly, along said parallel line, to the centerline of South Sycamore Avenue; thence southerly along said centerline to the centerline intersection of South Sycamore Avenue and East Butte Street and the point of beginning. Together with the following: Beginning at the centerline intersection of South Waldemar Avenue and East Butte Street;thence easterly along the centerline of East Butte Street to the centerline of South Cedar Avenue; thence northerly along said centerline to a line that parallel with and 30 feet north of the centerline of East Butte Street; thence westerly, along said parallel line, to the centerline of South Waldemar Avenue; thence southerly along said centerline to the centerline intersection of South Waldemar Avenue and East Butte Street and the point of beginning. Together with the following: Beginning at the southwest corner of the southeast quarter of section 28, T9N, R30E, Franklin County Washington; thence northerly along the west line of said southeast quarter to the north line of East `A' Street and the true point of beginning;thence easterly along said north line to the southeast corner of lot 1 Short Plat 2002-10 filed for record in the office of the county auditor, Franklin County Washington; thence northerly along the east line of said lot 1 to the northeast corner of said lot; thence westerly along the north line of said lot 1 and along the westerly projection of said north line to the west line of said southeast quarter;thence southerly along said west line to the north line of East `A' Street and the true point of beginning. Together with the following: Beginning at the southeast corner of lot 2, of Short Plat 99-23 filed for record in the office of the county auditor, Franklin County, Washington; thence westerly, along the south line of said lot 2 to the southwest corner of said lot 2; thence northerly along the west line of said lot 2 to the south line of East Lewis Street; thence westerly, along said south line, to a line that is parallel with and 20 feet westerly of the west line of block 3 of the plat of Acre Park Addition filed for record in the office of the county auditor, Franklin County, Washington; thence southerly, along said parallel line to a line that is the westerly projection of the south line of lot 10,block 3 of said plat; thence easterly ,along said projection and along the south line of said lot 10 to the southeast corner of said lot 10; thence northerly along the east line of lots 10 through 13, all of block 3, to the southeast corner of said lot 2,of Short Plat 99-23 and the point of beginning. Exhibit B - 2- v. s o.o r 1 ■ _ qr,. 40111�y R•.Vic' , di, 4x It CERTIFICATION I, the undersignedd, C eg Cl rk of the City of Pasco, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No.M2fthe "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 November Z ,2009, 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 2—day of November 2009. CITY OF PASCO, WASHINGTON City Clerk bre