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
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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
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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.
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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
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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-
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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