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HomeMy WebLinkAbout2936 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. c 9:56 AN ORDINANCE ordering the improvement of Frontage Road from Hopkins Street to 20th Avenue, Road 24 from Hopkins Street to Lewis Street, the south side of Lewis Street from approximately 500 feet west of Road 24 to 20th Avenue, and the west side of 20th Avenue from Lewis Street to Frontage Road, all in accordance with Resolution No. 2082 of the City Council; establishing Local Improvement District No. 125 and ordering the carrying out of the proposed improvement; providing that payment for the improvement be made in part 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 and the making of interfund loans. WHEREAS, by Resolution No. 2082 adopted May 17, 1993, the City Council declared its intention to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the improvement of Frontage Road from Hopkins Street to 20th Avenue and Road 24 from Hopkins Street to Lewis Street by constructing asphalt surfacing, curb and gutter, sidewalks on one side, drainage facilities, and including necessary excavation, grading and base course and right- of-way acquisition, of the same part of Frontage Street with illumination and water and sewer stubs, and on the south side of Lewis Street from approximately 500 feet east of Road 24 to 20th Avenue by constructing curbs and gutters and sidewalks, and on the south side of Lewis Street from approximately 500 feet west of Road 24 to approximately 500 feet east thereof by constructing sidewalks and landscaping, and on the west side of 20th Avenue by constructing sidewalks between Frontage Road and Lewis Street, and 0085488 01 -1- 0 other incidental work, and fixed June 7, 1993, at 8:00 p.m., local time, in the Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all 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 improvement 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 and overruled by the City Council, and all persons appearing at such hearing and wishing to be heard were heard; and 0085488 01 -2- 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, DO 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 A, attached hereto and by this reference made a part hereof, by the improvement of Frontage Road from Hopkins Street to 20th Avenue and Road 24 from Hopkins Street to Lewis Street by constructing asphalt surfacing, curb and gutter, sidewalks on one side, drainage facilities, and including necessary excavation, grading and base course and right-of-way acquisition, of the same part of Frontage Street with illumination and water and sewer stubs, and on the south side of Lewis Street from approximately 500 feet east of Road 24 to 20th Avenue by constructing curbs and gutters and sidewalks, and on the south side of Lewis Street from approximately 500 feet west of Road 24 to approximately 500 feet east thereof by constructing sidewalks and landscaping, and on the west side of 20th Avenue by constructing sidewalks between Frontage Road and Lewis Street, and other incidental work. All of the foregoing 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 improvement. 0085488 01 -3- c) Section 2. There is created and established a local improvement district to be called Local Improvement District No. 125 of the City of Pasco, Washington (the "District"), the boundaries or territorial extent of the District being more particularly described in Exhibit A attached hereto and by this reference incorporated herein. Section 3. The total estimated cost and expense of the improvement is declared to be $246,122.00. Approximately $45,477.21 of the cost and expense of the cost of one inch of asphalt paving on Frontage Road and the amount that would otherwise be assessed against exempt property shall be paid by the City and the balance of such cost and expense shall be borne by and assessed against the property specially benefited by such improvement included in the District which embraces as nearly as practicable all property specially benefited by such improvement. 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 fairly reflect the special benefits to the properties being assessed. Section 5. No property, any portion of which is outside the District, may connect to those improvements constructed or made a part of such District unless either that property shall have been subject to the special assessments on the assessment roll for that District or the owners of that property shall have paid prior to such connection a charge in lieu of assessment which shall be at least the equivalent of those assessments which would have been applied to that property had it been included within that District. 0085488 01 -4- 1") Properties connecting to water and sewer lines to be constructed and installed in Frontage Road, and storm drainage added to a portion of Lewis Street, will be subject to front footage and area charges and other connection fees as a condition of such connection. The cost of these improvements will not be assessed under the local improvement district. Section 6. Local improvement district warrants may be issued in payment of the cost and expense of the improvement herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 125, 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 Director of Finance, 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 may issue short-term obligations pursuant to Chapter 39.50 RCW or make interfund loans. 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 0085488 01 -5- for the District. The bonds shall be 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 7. In all cases where the work necessary to be done in connection with the making of such improvement 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 will be made in cash warrants drawn upon the Local Improvement Fund. Section 8. The Local Improvement Fund for the District is created and established in the office of the City Director of Finance. 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 improvement and cash warrants in payment for all other items of expense in connection with the improvement shall be issued against the Local Improvement Fund. 0085488 01 -6- 0 $ection 9. Within 15 days of the passage of this ordinance there shall be filed with the City Director of Finance the title of the improvement 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 improvement to be borne by each lot, tract or parcel of land. The City Director of Finance immediately shall post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvement. PASSED by the City Council of the City of Pasco, Washington, at a regular open public meeting thereof, this 7th day of June, 1993. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney /) cows m6VcA-1 Clt CierK -7- It is the intention of the City Council of the City of Pasco, Washington, to create a local improvement district to include for the purpose of assessment, the properties described as follows: Beginning at the southeast corner of Section 25, Township 9 North, Range 29 East, W.M., thence N 01 degrees 39' 07" E along the east line of said Section 25, a distance of 407.00 feet to the true point of beginning; ; thence N 89 degrees, 38' 20" W a distance of 40.01 feet to the west boundary of 20th Avenue; thence N 89 degrees 38' 20" W a distance 250.00 feet to the SE corner of Lot 3 of short plat 75-2; thence N 89 degrees 38' 20" W a distance of 116 feet to the SE corner of Lot 5, Block 3 Eagle Estates No. 2; thence continuing N 89 degrees 38' 20" W a distance of 130 feet to the centerline of Road 22; thence N 01 degrees 39' 07" E along the centerline of Road 22 a distance of 56.11 feet; thence N 89 degrees 38' 20" W a distance of 30 feet to the SE corner of Lot 21, Block 2, Eagle Estates No. 2; thence continuing N 89 degrees 38' 20" W along the southerly lot lines of Lots 21 and 6, Block 2, Eagle Estates No. 2 a distance of 267.2 feet to the centerline of Road 23; thence S 01 degrees, 39' 07" W along the centerline of Road 23 a distance of .7 feet; thence N 89 degrees 38' 20" W a distance of 30 feet to the SE Corner of Lot 7, Block 1 Eagle Estates No. 2; thence continuing N 89 degrees 38' 20" W a distance of 118.34 feet to the SW corner of Lot 7, Block 1 Eagle Estates No. 2; thence N 01 degrees 41' 10" E a distance of 304.50 feet to the northeast corner of short plat 87-03; thence N 89 degrees 46' 20" W a distance of 328.20 feet to a point; thence N 64 degrees 14' 00" W a distance of 168.00 feet to a point on the easterly line of Eagle Estates; thence N 01 degrees 41' 10" E a distance of 440 feet more or less to the center line of Hopkins St.; thence N 89 degrees 46' 20" W along the centerline of Hopkins St. to the southerly projection of the westerly line of the W. 1/2 of the SE 1/4 of the NW 1/4 of the SE 1/4 ; thence N 01 degrees 28 , 13" E along said westerly line of the west 1/2 of the SE 1/4 of the NW 1/4 of the SE 1/4 to the centerline of R/W of way of Lewis St; thence south 66 degrees 55' 22" E along the R/W centerline of Lewis Street to its intersection with the east line of said Section 25; thence south along the east line of said Section 25 to the true point of beginning. .. 0 I, DAN UNDERWOOD, City Clerk of the City of Pasco, Washington, certify that the attached copy of Ordinance No. is a true and correct copy of the original ordinance passed on the 7th day of June, 1993, as that ordinance appears on the Minute Book of the City. DATED this day of June, 1993. Dan Underwood City Clerk 0085488 01 0