HomeMy WebLinkAbout3939 Ordinance d.
CITY OF PASCO, WASHINGTON
ORDINANCE NO. 3 g
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AN ORDINANCE of the City of Pasco, Washington, relating to City
street improvements; ordering the improvement to approximately 1100 feet of
California Avenue south of Broadway Street and 600 feet of Bonneville Street
east of Oregon Avenue, to City street standards all in accordance with Resolution
No. 3182 of the City Council; establishing Local Improvement District No. 147,
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. 3182 adopted September 8, 2009, the City Council
declared its intention to order the improvement to approximately 1100 feet of California Avenue
south of Broadway Street and 600 feet of Bonneville Street east of Oregon Avenue, to City street
standards, to include street paving and street lighting; curb, gutter, sidewalk, additional paving,
and storm drainage systems as required; Resolution No. 3182 fixed October 19, 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
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,
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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 1100 feet of California Avenue south of Broadway Street and 600 feet of
Bonneville Street east of Oregon Avenue, to City street standards, to include street paving and
street lighting; curb, gutter, sidewalk, additional paving, and storm drainage systems as required,
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. 147 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
$563,050.35 of which an estimated $548,321.56 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. 147, 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
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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$548,321.56.
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 147 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 147 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 by the Mayor of the City of Pasco,
Washington, at a regular open public meeting thereof,this day of October, 2009.
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Joyce Olson, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROV TO FORM:
Leland B. Kerr, City Attorney
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EXHIBIT A Ck
y 4
LID No. 147—California Avenue and Bonneville Street Improvements
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
North California Broadway Boulevard East Bonneville Street
Avenue
East Bonneville North Oregon Avenue North California Avenue
Street
Exhibit A
EXHIBIT B
LID No. 147—California Avenue and Bonneville Street Improvements
Legal description of the boundary:
That portion of the northeast quarter of Section 29, Township 9 North, Range 30 East, W.M. in
the City of Pasco, Franklin County,Washington, described as follows;
Beginning at the northerly most corner of block 163, as it appears on the plat of Pasco Land Co's
First Addition, filed for record in the office of the Franklin County Auditor, also being on the
southerly line of East Broadway Boulevard; thence southwesterly along said southerly line and
across California Avenue, to the centerline of Idaho Street (now vacated) as it appeared on said
plat of Pasco Land Co's First Addition; thence southerly along said centerline to the
northwesterly projection of the north line of lot 14, block 136 of said plat of Pasco Land Co's
First Addition; thence along said projection and along said north line and across the 20 feet
vacated alley and along the north line of lot 5 of said block 136 to the northwest corner of said
lot 5, also being on the easterly line of North Oregon Avenue; thence southerly along said
easterly line, and leaving said plat of Pasco Land Co's First Addition and across East Bonneville
Street to the southerly line of the north half of lot 3, block 4, as it appears on the plat of Long's
Addition, filed for record in the office of the Franklin County Auditor; thence northeasterly
along said southerly line to the easterly line of said lot 3; thence northerly along the easterly line
of lots 1, 2 and 3 and along the northerly projection-of the easterly line of said lot Ito the
southerly line of East Bonneville Street as it now exists (the southerly 10 feet having been
vacated under Ordinance 3320); thence northeasterly along said southerly line and across the 20
feet alley to the northerly projection of the westerly line of lot 24 of said block 4; thence
southerly along said projection and along the westerly line of lots 21 through 24, all of block 4,
to the southerly line of the north 20 feet of said lot 21; thence northeasterly along said southerly
line to the easterly line of said lot 21 also being the westerly line of North Idaho Avenue; thence
northerly along said westerly line to the southerly line of East Bonneville Street as it now exists;
thence northeasterly along said southerly line and across North Idaho Avenue to the easterly line
of said North Idaho Avenue; thence southerly along said easterly line to the southwest corner of
lot 12, block 7 of said plat of Long's Addition; thence northeasterly along the southerly line of
said lot 12 to the southeast corner of said lot 12;thence northerly along the easterly line of lots 1
through 12, all of block 7 and leaving said plat of Long's Addition and along the easterly line of
lot 1,block 148 of said plat of Pasco Land Co's First Addition and along the northerly projection
of the easterly line of said lot 1 to the southerly line of East Bonneville Street as it now exists
(the southerly 10 feet having been vacated under Ordinance 3931); thence northeasterly along
said southerly line across the 20 feet alley to the northerly projection of the westerly line of lot 3
of said block 148; thence southerly along said projection and the westerly line of lots 2 and 3,
both of block 148 to the south line of said block 148; thence along said south line to the east line
of said block 148; thence along said east line to the northeast corner of said block 148; thence
northeasterly across North Franklin Avenue and leaving said plat of Pasco Land Co's First
Addition to the southwest corner of lot 10, block 2 as it appears on the plat of A.M. Wehe's
Whitehouse Addition, filed for record in the office of the Franklin County Auditor, also being on
Exhibit B - 1
the east line of North Franklin Avenue; thence northerly along said east line to the centerline of
East George Street; thence northwesterly across North Franklin Avenue and leaving said plat of
A.M. Wehe's Whitehouse Addition to the southerly most corner of block 161 of said plat of
Pasco Land Co's First Addition also being on the easterly line of said plat; thence northerly
along said easterly line and across vacated Garfield Street and across Vacated Broadway Street
to the easterly most corner of block 163 of said plat of Pasco Land Co's First Addition also being
on the easterly line of said block 163; thence northerly along said easterly line to the northerly
most corner of said block 163 and the point of beginning.
Exhibit B -2
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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 October , 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 day of October 2009.
CITY OF PASCO, WASHINGTON
Debra L. Clark, City Clerk
LID 147
CALIFORNIA AVE & BONNEVILLE ST
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RECORD NUMBER OWNER NAME PARCEL NUMBER PRELIMINARY ASSESSMENT
5 Jamie A Ta-x�g-_-a—s 112-081-088 17 939.35
6 Benito Diaz 112-081-475 18,651.96
7 Laura Loya 112-081-033 22,604.98
ran in County 112-102-046 ,