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HomeMy WebLinkAbout4035 Ordinance CITY OF PASCO, WASHINGTON ORDINANCE NO. 1 ' 6 3�5_ AN ORDINANCE of the City of Pasco, Washington, relating to City street improvements; ordering the improvement of South Cedar and South Hugo Avenues and East Alton Street, to City street standards, all in accordance with Resolution No. 3348 of the City Council; establishing Local Improvement District No. 149, 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. 3348 adopted November 7th, 2011, the City Council declared its intention to order the improvement of South Cedar and South Hugo Avenues and East Alton Street to City street standards, to include street paving and street lighting; curb, gutter, sidewalk, additional paving, and storm drainage systems as required. Resolution No. 3348 fixed December 5, 2011, 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- 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 South Cedar and South Hugo Avenues and East Alton Street, 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. 149 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 $627,625 of which an estimated $276,413.08 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. 149, 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- local improvement district bonds that are expected to be issued for the Improvements in a principal amount not exceeding $700,000. 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 detennine. 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 149 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 149 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 19th day of December, 2011. -3- Matt Watkins, Mayor ATTEST: ,� , �' '� 0 -0--, - Debra L. Clark, City Clerk APPRO VDA. TO FORM: Leland B. Kerr, City Attorney -4- Exhibit A LID 149 Kurtzman Area Phase 3 In-From-To Description of Limits In From To S. Hugo Avenue E. Alton Street E. Lewis Street S. Cedar Avenue (West half street) E. Alton Street E. Lewis Street E. Alton Street S. Hugo Street S. Cedar Avenue The LID 149 Improvements include road widening, curb, gutter, sidewalk, storm drain system, and street lighting, and associated improvements all to City street standards.— Exhibit A Exhibit B LID 149 Kurtzman Area Phase 3 Legal description of the boundary: That portion of the north half of the south half of Section 28, Township 9 North, Range 30 East, Willamette Meridian, in the City of Pasco, Franklin County, Washington more accurately described as follows: Commencing at; the center of Section 28, Township 9 North, Range 30 East, Willamette Meridian (W.M.), in the City of Pasco, Franklin County, Washington: thence, southerly along the center section line of Section 28, Township 9 North, Range 30 East, W.M., a distance of 30 feet to the south right-of-way line of East Lewis Street, being the True Point of Beginning; thence, westerly across the right-of-way of South Cedar Avenue to the southwest corner of East Lewis Street and South Cedar Avenue; thence, westerly along the south right-of-way line of East Lewis Street across the north line of Acre Park Addition, Block 1, Lot 1 and 14, continuing westerly across the right-of-way of South Hugo Avenue; continuing westerly across the north line of Acre Park Addition, Block 2, Lot 1, to the northwest corner of said lot 1; thence, southerly along the west line of Lot 1, 2, 3, and 4; thence, continuing southerly along the west line of Short Plat 2002-16, Lot 1, 2, and 3, Short Plat 99-01, Lot 1, 2, and 3, and Short Plat 97- 19, Lot I and 2 to the southwest corner of said Lot 2; thence, continuing southerly across East Alton Street to the south right-of-way line of East Alton Street; thence, easterly along the south right-of-way line of East Alton Street to the west right-of-way line of South Cedar Avenue; thence easterly across the right-of-way of South Cedar Avenue to the center section line of Section 28, Township 9 North, Range 30 East, W.M., thence northerly along the section line a distance of 1,292 feet more or less,to the True Point of Beginning. Exhibit B - 1 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.H6 (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 December 5, 2011, 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 t!Ly of December, 2011. CITY OF PASCO, WASHINGTON �'L 0& 0 A� Debra L. Clark, City Clerk