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HomeMy WebLinkAbout3988 Ordinance - Recorded AFN#1761594 ORDIN 01/201201109:68 AM 7 Page(s)$68.00 Matt Beaton,Auditor Franklin WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn:City Clerk 525 North 3rd Ave Pasco,WA 99301 CITY OF PASCO, WASHINGTON ORDINANCE NO. -)'l U b AN ORDINANCE of the City of Pasco, Washington, relating to City street improvements; ordering the improvement of Sycamore Avenue, Hugo Avenue, Cedar Avenue, Waldemar Avenue, Helena Street and Alton Street to City standards, to include curb, gutter, sidewalks, storm drainage system, street lighting, and roadway improvements all in accordance with Resolution No. 3289 of the City Council; establishing Local Improvement District No. 148; 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. 3289 adopted November 15, 2010, the City Council declared its intention to order the improvement of Waldemar, Cedar, Hugo and Sycamore Avenues and Alton, and Helena Streets in the Kurtzman area, to City standards, to include curb, gutter, sidewalks, storm drainage system, street lighting, and roadway improvements; and, fixed December 20, 2010, 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, a hearing on the formation of a local improvement district was scheduled and held on December 20,2010, but the published notice of the hearing did not comply with law. As a result, the City Council determined to continue the hearing and to give new notice and conduct a further hearing on the formation of a local improvement district and adopted Resolution 3297 fixing January 18, 2011, at 7:00 p.m., local time, in the City Council Chamber 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 home 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, 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 improvement of Sycamore Avenue, Hugo Avenue, Cedar Avenue, Waldemar Avenue, Helena Street and Alton Street, to City street standards. The street improvements 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 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. 148 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 $663,625 of which an estimated $330,085 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. As a result of the reduction of boundaries, the preliminary estimate of the assessments is reduced, and is shown on Exhibit "C" attached to this ordinance. 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. 148, 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 local improvement district bonds that are expected to be issued for the Improvements in a principal amount not exceeding$335,000. 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 148 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 148 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. Section 9. For purposes of RCW 35.43.180, the date of passage of this Ordinance is shown below. For all other purposes, this Ordinance shall take effect and be in force five(5) days after its adoption and publication as provided by law. PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open public meeting thereof,this_11 day of January, 2011. � 'W� Matt Watkins,Mayor ATTEST: 4clo, 0 De ra L. Clark, City Cler APPR S TO FORM: Leland B. Kerr, City Attorney EXHIBIT A LID 148 —Kurtzman's Park Street Improvements In—From—To Description In Street From To Sycamore Avenue Butte Street Alton Street Hugo Avenue Butte Street Alton Street Waldemar Avenue Butte Street Alton Street Cedar Avenue Butte Street Alton Street Helena Street 150 feet West of Sycamore Avenue Cedar Avenue 200 feet east of Alton Street Hugo Avenue Waldemar Avenue The LID 148 Improvements include road widening and paving, curb, gutter, sidewalk, storm drain system, street lighting and appurtenances. EXHIBIT B LID 148 —Kurtzman's Park Street Improvements Legal description of the boundary: That portion of the South half of Section 28, Township 9 North, Range 30 East in the City of Pasco, Franklin County, Washington more accurately described as follows: Kurtzman's First Addition Block 1, North one-half Lot 14 and Lots 15 through 22 together with those adjacent portions of vacated Sycamore Avenue; Together with Kurtzman's First Addition Block 2, Lots I through 22 together with those adjacent portions of vacated Hugo Avenue, Helena Street and Sycamore Avenue; Together with Kurtzman's First Addition Block 3, Lots I through 22 together with those adjacent portions of vacated Waldemar Avenue, Helena Street and Hugo Avenue; Together with Kurtzman's First Addition Block 4, Lots I through 22 together with those adjacent portions of vacated Waldermar Avenue and Helena Street; Together with Kurtzman's First Addition Block 5, Lots I through 32 together with those adjacent portions of vacated Butte Street, Waldemar Avenue and Helena Street; Together with Kurtzman's First Addition Block 6, Lots I through 14 and Lots 25 through 32 together with those adjacent portions of vacated Hugo Avenue, Waldemar Avenue and Helena Street; Together with Kurtzman's First Addition Block 7, Lots 6 through 28 together with those adjacent portions of vacated Butte Street, Sycamore Avenue and Hugo Avenue; Together with Kurtzman's First Addition Block 8, Lots 23 through 32 together with those adjacent portions of vacated Sycamore Avenue and Helena Street; Together with the West 30 rods of the Southwest quarter of the Southeast quarter of Section 28, Township 9 North, Range 30 East W.M., except the South 880 feet and the West 15 feet thereof, EXHIBIT "C" COPY QUALITY OF ORIGINAL MAY NOT REPRODUCE Preliminary Construction Estimate $ 515,000.00 LID Portion of Construction $ SS5,000.00 City Portion of Construction Total Project Gast $ 663,625-00 CDGBAssisstance FIXED $ 333,540.00 Total Ouside Funding $ 333,540.00 Amount to be Assessed $ 330,08S.00 Percentage to Base Assessment 25% $ 82,521.25 'Rase assessment Covers up to 25 feet of frontage Frontage Included in Base Assessment(ft) 25 Percentage to Excess Frontage Assessment 75% S 247,563.75 •Remainder to be Covered by Excess Frontage Number of Parcels Included In LID 50 Record Number Parcel Number Owner Name Frontage(ft) Excess Fronts (ft) Base Assement Fronts Assessment Total Amassment 1 113864016 MITCHELL,JOHN L 72 47 $ 1,650.43 $ 3,623.64 $ 5,274.06 2 113864034 MITCHELL,JOHN 75 50 5 1,65(.43 $ 3,854.93 $ S,S05.35 3 113864052 FUENTES,JOSEPHINE D 63 38 $ 1,650.43 $ 2,929.75 $ 4,58017 4 113864221 BELL,DEBBIE 70 45 $ 1,650.43 $ 3,469.44 $ 5,119.86 5 113864230 BELL,CLEVELAND 50 25 $ 1,650.43 S 1,927.47 $ 3,577.89!. 6 113864123 SINGLETON,ROBERT 125 100 $ 1,650.43 $ 7,709.86 $ 9,360.28 7 113864212 SINGLETON,ELOISE 25 0 $ 1,650.43 5 $ 1,650.42 8 113863179 BURNETf,SHIRLEY G(ETAL) 220 195 $ 1,650.43 $ 15,034.24 $ 16,684.66 9 113863071 AUSTIN,THOMAS&MARGARET 215 190 $ 1,650.43 $ 14,648.74 5 g4,348,87 299.16 10 113863080 CACHUA JOSE C&NORMA 1 50 25 $ 1,650.43 $ 1,927.47 5 577.89 11 113863062 AUSTIN,THOMAS&MARGARET 60 35 $ 1,650.43 $ 2,698.45 $12 113863053 PONCE,HUMBERTO JNIGUEZ(ETAL) 50 25 $ 1,650.43 $ 1,927.47 $ 577.89 13 113863026 HERNANDEZ,FRANCISCO JAVIER 87 62 $ 1,650.43 $ 4,780.12 $ 6,430.54! 14 113863017 SCALES,JOSEPH S(111) 47 22 $ 1,650.43 $ 1,696.17 $ 3,346.59 15 113863044 ESCOBAR,J05E F&MARIA E 75 50 $ 1,650.43 $ 3,854.93 $ S,505.35 16 113863124 RAINES,JACQUELINE F 320 295 $ 1,650.43 $ 22,744.10 $ 24,394.52 17 113862189 NORTHWEST BAPTIST CONVENTION 5o 25 $ 1,650.43 $ 1,927.47 $ 3,577.89 18 113862152 URBINA,ANTONIO 125 100 $ 1,650.43 5 7,709.86 $ 9,360.28 19 113862143 YENNEY,GINGER L 75 50 5 1,650.43 $ 3,854.93 $ 5,505.35 20 113862125 MORALAES,LUCINA 50 25 $ 1,650.43 $ 1,927.47 $ 3,577.89 21 113862090 ROTAS ROSAS,CEPORA(£TUX) 70 45 $ 1,650.43 $ 3,469.44 $ 5,119.861 22 113862072 SUAREZ,MARGARITA 100 75 $ 1,650.43 $ 5,78140 $ 7,432.82 23 113862054 CLARK,RUTH A(TRUSTEE) 50 25 $ 1,650.43 $ 1,927.47 $ 3,577.89 24 113862027 ENTRUST NORTHWEST LLC(ETAL) 72 47 $ 1,6S0.43 $ 3,623.64 $ 5,274.06 25 113862018 SCALES,JOSEPH S pll,ETAL) 47 22 $ 1,650.43 $ 1,696.17 $ 3,346.59 26 113862036 BARNES,ROSEMARY 2S 0 $ 1,650.43 $ $ 1,650.42 27 113862045 BARNES,ROSEMARY 25 0 $ 1,650.43 $ 5 1,650.42 28 113862063 MIG HERNANDEZ CONSTRUCTION INC 5o 2S $ 1,650.43 S 1,927.47 S 3,577.89 29 113862081 BARNES,ROSEMARY 75 50 $ 1,650.43 $ 3A54.93 $ 5,5053S 30 113862107 MILLER,ROCKY ALAN&BETH ANN 70 45 $ 1,650.43 $ 3,469.44 $ 5,119.86 31 113862134 NEW HOPE MISSIONARY BAPTIST CHURCH 68 43 5 1,650.43 $ 3,315.24 $ 4,965.66 32 113861171 BROWN,CW&LEDA 70 45 $ 1,650.43 $ 3,469.44 $ S,119.86 33 113861153 WALKER,CORNELIUS 50 25 $ 1,650.43 $ 1,927.47 $ 3,577.89 34 113861144 WOODS,BETTY(ETAL) 50 25 $ 1,650.43 $ 1,927.47 $ 3,577.89 35 113861135 SECRETARY OF HOUSING&URBAN DEV 50 25 $ 1,650.43 $ 1,927.47 $ 3,577.89 36 113861108 NEW HOPE MISSIONARY BAPTIST CHURCH 125 100 $ 1,650.43 $ 7,709.86 $ 9,360.28 37 113861082 INGLESIA APOSTOLICA 95 70 $ 1,650.43 $ 5,396.91 $ 7,047.33 38 113861064 MILLER,ROCKY ALAN&BETH ANN 120 95 $ 1,650.43 $ 7,324.37 $ 8,974.79 39 113861215 MILLER,JERRY 75 50 $ 1,650.43 $ 3,854.93 $ 5,505.35 40 113861206 MILLER,JERRY 50 2S $ 1,650.43 5 1,927.47 $ 3,577.89 41 113861028 ALVAREZ,RAFAEL&VIRGINIA 47 22 S 1,650.43 $ 1,696.17 $ 3,346.59 42 113861019 MARTINEZ,ANTONIA 46 21 $ 1,65043 $ 1,619.07 $ 3,269.49 43 113861046 MILLER,JERRY 7S 50 $ 1,650.43 $ 3,854.93 $ 5,50535 44 113861055 MILLER,JERRY 75 50 $ 1,65043 I S 3,854.93 $ 5,505.35 45 113861073 MILLER,JERRY 95 70 $ 1,650.43 $ 5,396.91 5 7,047.33 46 113861091 ABREGO,ALICIA 120 95 1 1,650.43 $ 7,32437 $ 8,974.79 47 113861117 ABREGO,ALICIA 100 75 $ 1,650.43 5 5,782,40 $ 7,432.82 48 113861126 HOWARD,WALTER(JR) 50 25 $ 1,650.43 $ 1,927.47 $ 3,577.89 49 113861162 OLVERA,MARTIN(ETAL) 170 145 S 1,650.43 $ 11,179.30 $ 22,829.72 50 113890033 NAVARRO,DOMINGO 442 417 $ 1,650.43 $ 32,150.14 $ 33,600.56 Totals 4461 3211 $ 82,521.25 $ 247563.75 $ 330,084.79