Loading...
HomeMy WebLinkAbout3010 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. AN ORDINANCE ordering the creation of a local improvement district all in accordance with Resolution No. 2121 of the City Council; establishing Local Improvement District No. 126 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. WHEREAS, by Resolution No. 2121 adopted March 21, 1994, the City Council declared its intention to order the improvement of Broadmoor Parkway, including grading, base course, asphalt concrete surfacing, drainage facilities, all other work necessary therefor or incidental thereto, illumination, curbs and gutters and sidewalks; and WHEREAS, the City Council has fixed April 18, 1994, 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, Dennis Wright, 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 0127897 01 - 1- 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 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 Broadmoor Parkway, including grading, base course, asphalt concrete surfacing, drainage facilities and all other work necessary therefor or incidental thereto. Illumination and curbs and gutters will be constructed within that part of the project in Section 8, T9N R29 E.W.M. and sidewalks will be constructed on the south side of that section of roadway. Sidewalks will also be constructed on the 0127897 01 -2- north side of approximately the west 2000 feet of that roadway. 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. Section 2. There is created and established a local improvement district to be called Local Improvement District No. 126 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 $1,220,059.25. Approximately $224,165 of the cost and expense 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 more 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 0127897 01 -3- 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. 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. 126 , 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 and Budget, 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 improvement (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 improvement, 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 improvement herein ordered to be assessed against the property specially benefited thereby, the City declares its official intent that those expenditures, to the extent not 0127897 01 -4- 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 improvement in a principal amount not exceeding $1,220,059.25. 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 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. 0127897 01 -5- ) Section 8. The Local Improvement Fund for the District is created and established in the office of the City Clerk. 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. Section 9. Within 15 days of the passage of this ordinance there shall be filed with the City Clerk 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 Clerk immediately shall post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvement. 0127897 01 -6- OVED AS TO FORM: City Attorney PASSED by the City Council and APPROVED by the City Mayor of the City of Pasco, Washington, at a regular open public meeting thereof, this 18th day of April, 1994. ATTEST: Deputy City Clerk 0127897 01 -7- EXHIBIT A That portion of Section 8 and 9, Township 9 N, Range 29, East WM described as follows Beginning at the northwest corner of Section 8, thence east along the north line of Section 8 to the north 114 corner thereof Thence south along the west line of the NE1/4 of said Section 8 to the intersection of the south line of the N 1/2 of the NE 1/4 thereof thence east along the south line of said north 1/2 of the NE 1/4 of Section 8 to the east line of Section 8, thence north along the east line of said Section 8 to the northwest corner of Section 9, T9 N, R29, E W M , thence east along the north line of said Section 9 to the westerly right-of-way line of Road 68, thence south along the west right-of-way line of Road 68 to its intersection with the south line of said Section 9, thence west along the south line of Section 9 to its intersection with the northerly right-of-way line of Interstate Highway 1-182, thence northwesterly along the northerly right-of-way line of 1-182 to the intersection with the east right-of-way line of Road 100, thence north along the east right-of-way line of Road 100 to its terminus, thence west along the northerly terminus of Road 100 to its intersection with the west line of Section 8, T9 N, R29, E W M; thence north along the west line of said Section 8 to the northwest corner thereof and the point of beginning DESCRIPTION PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 IffeAL ADVE12177000 INVOICE 735 CITY OF PASCO , WASH' TIMES no 1 INCHES —" *010N VA ••• P 0 BOX 2608 DATE 04/24/94 LEGAL NO #7 :5 ACCOUNT NO 51)550 a SOLD TO PASCO, CITY OF LEBALS P.O. BOX 293 F'ASCO WA 9c)301 70`iral 356.64 PSOTOCIE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment ALFIROLV117 OF PUL7150AK100 %.- COUNTY OF BENTON •. STATE OF WASHINGTON Rang - MAY -6 1994 ANCE DEPT CARLA ALFORD , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a 735 CITY OF PASCO , WASH I as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 04/24/94 , and ending on 04/24/94 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF , If SS Notary public in and for the State of Wash- ington, residing at FASCO WA COMMISSION EXPIRES 7— /SW, • 650 LEGALS 0 and delivery of 15 kV Under ground Conductor per speci fications which may be ob- tained from the office of the Distnct in Pasco Washing- ton All bids shall include time of delivery and delivery will be a factor in determining accep- tance of any bid Bid prices shall be firm for a minimum of sixty (60) days All bid prices shall exclude all Federal and State taxes Unit pnces to ex- clude tax All bids shall be sealed and shall be marked 15 kV UN- DERGROUND CONDUC- TOR BID NO 94-07 Bids will be publicly opened in the Distnct office at 1411 West Clark Street Pasco Washington on Thursday May 12 1994 at 2 30 p m The Distnct reserves the nght to reject any or all bids to waive informalities and to ac cept any bid deemed to be in the best interest of the Distnct Each bid shall be accompa rued by a certified or cashier's check payable to the order of the Commissioners of Public Utility Distnct No 1 of Franklin County for a sum not less than five percent (5%) of the amount of the bid or accom- panied by a bid bond in an amount not less than five per- cent (5%) of the bid with a cor- porate surety licensed to do business in the State of Washington This Call For Bids shall be considered to be in conformity with R C W 54 04 070 and 54 04 080 and Chapter 220 Laws Executive Session 19 and the terms of said I re incorporated here is reference tility District NO 1 Of nklin County s R L Cook Purchasing Agent #732 - 4/24/94 CITY OF PASCO' WASHINGTOK ORDINANCE NO 3010 AN ORDINANCE ordering the creation of a local im- provement distnct all in accor- dance with Resolution No 2121 of the City Council es- tablishing Local Improvement District No 126 and ordering the carrying out of the pro- posed improvement provid- ing that payment for the im- provement be made in part by special assessments upon the property in the District payable by the mode of pay- ment by bonds and provid- ing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement distnct bonds WHEREAS by Resolution No 2121 adopted March 21 1994 the City Council de dared its intention to order the improvement of Broadmoor Parkway including grading base course asphalt con- , crete surfacing drainage fa- ', cilities all other work neces- sary therefor or incidental thereto illumination curbs and gutters and sidewalks and WHEREAS the City Council has fixed April 18 1994 at 800 pm 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 improve- ment and WHEREAS Dennis Wright the City Engineer caused an estimate to be made of the cost and expense of the pro- posed improvement and cer- tified that estimate to the City Council together with all pa- pers and information in is possession touching the pro- posed improvement a de- scription of the boundaries of the proposed lobal improve- ment distnct and a statement of what portion of the cost -)nd expense of the improvement should be borne by the prop- erty within the proposed dis tnct 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 pro- posed 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 men- tioned and all objections to the proposed improvernent were duly considered and overruled by the City Council and all persons appeanng 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 here- inafter descnbed be carned out and that a local improve- ment district be created in connection therewith NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR DAIN as follows Section 1 The City Council of the City of Pasco Wash- ington (the City' ) orders the improvement of Broadmoor Parkway including grading base course asphalt con- crete surfacing drainage fa cilittes and all other work nec- essary therefor or incidental thereto Illumination and curbs and gutters will be con- structed within that part of the project in Section 8 T9N R29 E W M and sidewalkg will be constructed on the south aide of the section of roadway Sidewalks will also be con- structed on the north side of approximately the west 2000 feet of that roadway All of the foregoing sh -t9 be in accordance with the plans and specifications thereof prepared by the City Engi- neer and may be modified by the City Council as long as such modification does not af- fect the purpose of the im- provement Section 2 There is created and established a local im- provement distnct to be called Local Improvement District No 126 of the City of Pasco Washington (the District' ) the boundaries or terntonal extent of the District being more particularly descnbed in Exhibit A attached hereto and by this reference incorporated herein Section 3 The total estimat ed cost and expense of the improvement is declared to be $1 220 059 25 Approxi mately $224 165 of the cost and expense 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 improve- ment included in the District which embraces as nearly as practicable all property spe- cially benefited by such im- provement Section 4 In accordance with the provisions of RCW 35 44 047 the City may use any method or combination of methods to compute assess- ments which may be deemed to more fairly reflect the spe- cial benefits to the properties being assessed Section 5 No property any portion of which is outside the Distnct may connect to those improvements constructed or made a part of such District unless either that property shall have been subject to the done in connection with the making of such improvement is cwned out pursuant to con- tract upon competitive bids (and the City shall have and reserves the nght 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 Fupuon nd the Local Improvement Section 8 The Local Im- provement Fund for the Dis- trict is created and estab- lished in the office of the City Clerk The proceeds from the sale of revenue warrants or other shod-term obligations drawn against the fund which may b issued and sold by the City and the collections of special assessments interest and penalties thereon shall be deposited in the Local Im- provement Fund Cash war rants to the contractor or con- tractors in payment for the work to be done by them in connection with the improve- ment and cash warrants in payment for all other items of expenses in connection with , the improvement shall be is sued against the Local Im- provement Fund Section 9 With 15 days of the passage of this ordinance there shall be filed with the City Clerk the title of the im- provement and District num- ber a copy of the diagram or pnnt showing the boundanes of the District and the prelimi- nary assessment roll or ab stract 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 improve ment to be bome by each lot tract or parcel of land The City Clerk immediately shall post the proposed assess- ment roll upon his index of lo cal improvement assess- --lents against the properties 'affected by the local improve- ment PASSED by the City Council and APPROVED by the City Mayor of the City of Pasco Washington at a regular open public meeting thereof Pius 18th day of Apnl 1994 'a-Joyce DeFelice Mayor Attest Cathenne D Seaman Deputy City Clerk Approved As To Form -s Greg Rubstello City Attorney #735 - 4/24/94 40 LEGALS special assessments on the assessment roll for that Dis tnct or the owner of that prop- erty 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 in- cluded within that Distnct Section 6 Local improve- ment distnct warrants may be issued in payment of the cost and expense of the improve- ment herein ordered to be as- sessed such warrants to be paid out of the Local Improve- ment Fund District No 126 hereinafter created and re ferred to as the Local Im provement Fund and until the bonds referred to in this section are issued and deliv- ered to the purchaser thereof to bear interest from the date thereof at a rate to be estab- lished hereafter by the City Di- rector of Finance and Budget as issuing officer and to be redeemed in cash ancVor by local improvement district bonds herein authonzed to be issued such interest beanng warrants to be hereafter re- ferred to as revenue war- rants 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 ex penclitures to be made for such improvement (other than for any cost or expense expected to be borne by the C.Drty) pnor to the date that any short-term obligations or local improvement district bonds are issued to finance the im provement from proceeds of interfund loans or other funds that are not and are not rea sonably expected to be re- served allocated on a long- *9rm basis or otherwise set aside to pay the cost of the improvement herein ordered to be assessed against the property specially benefited thereby the City declares its official intent that those ex penditures to the extent not reimbursed with prepaid spe- cial benefit assessments are to be reimbursed from pro- ceeds of short-term obliga- tions or local improvement distnct bonds that are expect- ed to be issued for the im- provement in a pnncipal amount not exceeding $1 220 059 25 The City is authonzed 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 is- sued hereunder or other short-term obligations here- after authorized and not re- deemed in cash within twenty days after the expiration of the thirty-day period for the cash payment w thout Interest of assessments on the assess- ment roll for the District The bonds shall be paid and re- deemed by the collection of special assessments to be levied and assessed against the property within the Dis- trict payable in annual install- ments with interest at a rate to be hereafter fixed by ordi- nance under the mode of payment by bonds as de- fined by law and the ordi- nances 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 deteh-nine Section 7 In all cases where the work necessary to be CITY OF PASCO NOTICE OF PUBUC HEARIN PLEASE TAKE NOT that the City Council of City of Pasco Washin n will hold a public heanng n Monday May 2 1994 at 8 00 p m in the City Council Chambers at 412 West Clark Street to consider amending the 1994 Block Grant Program NOW THEREFORE LET ALL CONCERNED TAKE NOTICE so all concerned may appear and present any objections or support for the proposed amendment to the 1994 Block Grant Program If any questions anse pertain ing to this matter please con- tact the Pasco City Planner at 545-3441 -s Cathenne D Seaman Deputy City Clerk #731_4/24.5/1/94 CITY OF RICHLAND I NOTICE OF ASSESSMENT LOCAL IMPROVEMENT DISTRICT NUMBER 172 NOTICE IS HEREBY GIVEN that the assessment roll of Lo- cal Improvement District Number 172 commonly known as the Kimball - Far rell Lane Et Al L I D which has been created and estab- lished for the purpose of pay-, ing the cost of improving cer- tain property within the City of] Richland Washington by < TRANSACTION REPORT > 04-19-1994(TUE) 06 39 C -I- F2 A NI s Ni I -I- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 3246 4-19 08 34 16095821453 11 0°04 34 NORM E OK 11 0°04 34 FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 011141111 11111111 1 1 111 11 11 1 1111111111 Apnl 19, 1994 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Summary of Ordinance(s) No 3010-3012 on the following date April 24, 1994 Please send two (2) Affidavits of Publication for each Thank you, Cathenne D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included Gary Crutchfield Manager TO: AGENDA REPORT FOR: City Council James Ajax, Dire or of Public orks FROM: Dennis Wright, City Engineer c SUBJECT: PROPOSED BROADMOOR PARK LID -1 I. REFERENCE(S): DATE: 4/15/94 WORKSHOP: * REGULAR: 4/18/94 1. Vicinity Map 2. Ordinance 3. Assessment Map (to be presented at the meeting) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1. Conduct the Public Hearing 2. Motion: I move to adopt Ordinance No. creating LID 126 ordering the improvement of Broadmoor Parkway between Road 68 and Road 100. III. FISCAL IMPACT: If the LID is created the City will incur some expense for additional widening. The estimated cost is expected to be approximately $300,000. IV. HISTORY AND FACTS BRIEF: The City has received a request from Metropolitan Mortgage to create an LID for the improvement of Broadmoor Parkway between Road 100 and Road 68. The improvement will be 5 lanes from Road 100 to approximately Road 91, 4 lanes from Road 91 to Road 90 then transitions to 2 lanes east to Road 68. The 5 and 4 lane sections will have curbs, gutters drainage and illumination, and will have sidewalks where requested by the adjacent property owners. The 2 lane section will have drainage ditches only. All of the property owners fronting the roadway are being assessed for the equivalent of a 2 lane roadway. Where the roadway is widened, the city will pay for the widening of the asphalt. All costs for curbs, gutters, sidewalks and storm drainage as well as 1/3 of the cost of the illumination will be assessed to the property owners where these improvements are being made adjacent to their properties. Staff requests council conduct the public hearing then adopt an ordinance creating the LID. V. DISCUSSION: None VI. OTHER COMMENTS: Staff notes that it will be necessary to acquire right of way from two property owners. The majority of the right of way needed will be donated by Metropolitan Mortgage, and while staff is negotiating with the other owner requesting that they too donate, it may be necessary to purchase that parcel. /// AGEN. REP. NO. 10 Page 1 of 1 r 1.rocticl,rn oor CITY LIV1T3 ks, PI II 1 I 1 He:40 •••.„ •••• "•••._ nn -r- V 'I'.... ........„ , ; 1 . -...„ ..... 1 . ........-t-t............./ i‘ i \ \ ,--s-t. , % 1 '16 1 `"s •••n 1 1 I If- T ; IS Id'', II•11,11, lataD ,W1 111110A 1,RE3 a:1 ,81041U LI 1 601'017 , 1-0:27t-t. • J —n•••=pr•—•-imr. •( I. MT