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HomeMy WebLinkAbout3017 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO 30 1 7 AN ORDINANCE ordering the creation of a local improvement district all in accordance with Resolution No 2125 of the City Council, establishing Local Improvement District No 127 and ordering the carrying out of the proposed improvement, providing that payment for the improvement 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 2125 adopted April 25, 1994, the City Council declared its intention to order the construction of a 16-inch waterline in Broadmoor Parkway, between Road 100 and a point 350 feet east of Road 92, and including all other work necessary therefor or incidental thereto, and WHEREAS, the City Council has fixed May 16, 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 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 construction of a 16-inch waterline in Broadmoor Parkway, from Road 100 to a point approximately 350 feet east of Road 92, including all other work necessary therefor or incidental thereto 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 1 ? Section 2 There is created and established a local improvement district to be called Local Improvement District No 127 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 $230,080 00, which 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 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 127, 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 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 $230,080 00 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 for, 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 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 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 16th day of May, 1994 Lj May or ATTEST Cil-A---(4 A,c? aic2,414a4,0 Deputy City Clerk JUDY BROWN WITIM S AISESSIIENT 98 697 01 BROADMOOR PARK NO 1 ELK 4 LOT 1 ERIC KOPNS PRE6V At.. 10.207 84 COLDS ESTATES LOT 24 Ora 3orl PROPOSED L.I.D. 127 METROPUTAN MORTGAGE ELIZABETH MARTIN ACCT # 6 PROUD ASSESSMENT $12 767 51 ACCT/ 5 PRELIM ASSESSMENT $137 699 29 NW1/4 a -9 -29 LESS SKI/4 SKI/4 NW1/4 & LESS BROADMOOR PARK NO 1 BLK 4 LOTS 1 AND 2 AND LESS THE S 110 Of BROADMOOR PARK NO 1 ELK LOT 3 SE. 1/4 SE. 1/4 8-9-29 LESS BROADMOOR PARK BU( 4 LOT I METROPLITAN MORTGAGE ACCT PREUM ASSESSMENT $95 809 56 SRI/4 6-9-29 EXC BROADMOOR PARK NO 1 EU( 1 LOT 1 AND EXCEPT TRACT A-PIN SRI/4 6-9-29 COD BLX 3 BROADMOOR PARK ADD TN N 891) OE W ALE PROJ N L.11 BU( 3 116$ TO S OOD 11 W PARL TO W LE ELK 3 41033 TA S 89D 08 E P/W S. L11 MX 3 438 33 TO ITS INTERS W/E LN ELK 3 PROJ TM N OOD 11 E ALE SD PROJ LN 1163 TO SE CON ELK 3T4 ALO S LP1 ELK 3 390 03 TO SW CON ELK 2014 ALO W LN ELK 3 300 03 TO NW COO ELK 3 & T POE PRESBYTERY CENTRAL WASH ACCT # 3 PRELIM ASSESSMENT $9 897 83 14ETROPLITAN METROPLITAN MORTGAGE MORTGAGE ACCT/ 2 ACCT/ 1 PRELIM ASSESSMENT PRELIM ASSESSME $7 199 05 $1 002 54 BROADMOOR PARK NO 1 BLK 3 LOT 1 BROADWOOR ITROADMOOR PARK NO 1 PARK NO 1 ELK 2 LOT 4 EIL1( 2101 5 -B-ROA-D-M-OOR -PARKWAY R-OAD- ,4N 11 FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 May 17, 1994 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3017-3018 on the following date May 22, 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 < TRANSACTION REPORT > 05-17-1994(TUE) 09 10 C FR inn NJ S r-i I NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 3496 5-17 09 05 15095821453 11 0°04 22 NORM E OK 11 0°04 22 "AA,tt • - ,•&•(‘' P 0 BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 ADMENVV0002 INVOICE DATE O5/22/9 LEGAL NO It 909 ACCOUNT NO 50550 DESCRIPTION 90 .74 CITY OF PASCO, WASHI TIMES u01 INCHES 71.60 SOLD TO PASCO, CITY OF LEGALS P.O. BOX 293 PASCO WA '-.719301 TOM& ,V 772.75 Ct1OTOCIE 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 AFFE)AKY 00' PagE315CAY1100 CITY OF PASCO, WASHINGTON ORDINg4NCE Nr0 3017 AN ORDNANCE ordering the creation of a local im- provement distnct all in accor- dance with Resolution No 2125 of the City Council es- tablishing Local Improvement Distnct No 127 and ordering the carrying out of the pro- posed improvement provid- ing that payment for the im- provement be made by ape cial 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 2125 adopted April 25 1994 the City Council de- clared its intention to order the construction of a 16 inch wa- terline in Broadmoor Park- way between Road 100 and a point 350 feet east of Road 92 and including all other work necessary therefor or in- cidental thereto and WHEREAS the City Council has fixed May 16 1994 at 8 00 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 and 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 pro- posed improvement a de- scnption of the boundaries of the proposed local improve- ment distnct and a statement of what portion of the cost and 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 COUNTY OF BENTON SS STATE OF WASHINGTON 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 go.; ni TY OF PASCO 9 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 onOc;IP_2_L.9 1.1 , and ending on 09/PP/ 9LI , and that said newspaper was regulary distributed to its subscribers during all of this period ColoALL. 4letn6;( SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF 10 cuj COMMISSION EXPIRES , 1494- Notary public in and for the State oX Waph-A ington, residing at -F-A-Se0 WA eei7//9/0 Rind 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 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 I m provement Fund Caih 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 expense in connection with the improvement shall be is- sued against the Local I m provement Fund Section 9 Within 15 days of the passage of this ordinance there shall be filed with the City Clerk the title of the im- I provement and District num- ber a copy of the diagram or paint 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 j expense of such improve-1 ment to be borne by each lot ' tract or parcel of land Thel City clerk immediately shall post the proposed assess- , merit roll upon his index of lo- j cal improvement assess- ments 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 this 16th day of May 1994 -s Joyce DeFelice Mayor , Attest -s Catherine D Seaman Deputy City Clerk #909 5/22/94 IN THE SUPERIOR COURT OF THE STA OF WASHINGTO AND FOR THE TY OF FRA N No 94-4-500 NOTICE TO CREDITORS In the Matter of the Esate of WILLIAM HARLEY MC- DANIEL Deceased The personal representative — which embraces as nearly as practicatoP 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 special assessments on the assessment roll for the 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 Distnct Section 6 Local improve ment district 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 127 hereinafter created and re- ferred to as the Local Im- provement Fund and until the bonds referred to in this section are issued and dein/ 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 and/or 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- penditures to be made for such improvement (other than for any cost or expense expected to be borne by the City) pnor to the date that any short-term obligations or local improvement district Lnds are issued to finance the im- provement from proceeds of interfund loans or other funds that are not and are not rea- sonably expected In be re- served phocated 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 ex- penditures to the extent not reimbursed with prepaid spe cial benefit assessments are to be reimbursed from pro- ceeds of short-term oblige tions or local improvement district bonds that are expect- ed to be issued for the im- provement in a principal amount not exceeding $230 080 00 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 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 without interest of assessments on the assess- ment roll for the Distnct The bonds shall be paid and re- deemed by the collection of special assessments to be levied and assessed against the property withing the Dis tnct 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 for 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 darned out pursuant to con tract upon competitive bids (and the City shall have and reserves the right to reject any and all bids) the gall for bids shall incllude a statement that payment for such work will be made in cash warrants drawn upon the Local Improvement tracts parcels of land and oth er property which will be spe cially benefited tRy the pro- posed improvement and the estimated cost and expense thereof to be bome by each lot tract and parcel of land or other property and WHEREAS due notice of the above heanng 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 improvement 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 interest of the City that the improvement as here- inafter described be carried 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 construction of a 16-inch wa- terline in Broadmoor Park- way from Road 100 to a point approximately 350 feet east of Road 92 including all other work necessary therefor or in- cidental thereto All of the foregoing shall be in accordance with the plans and specifications therefor 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 district to be called Local Improvement District No 127 of the City of Pasco Washington (the Distne ) the boundaries or territorial extent of the District being mpre 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 $230 080 00 which shall be borne by and assessed against thp property specially benefited by such improve ment included in the District I , , , AGENDA REPORT FOR: City Council DATE: 5/12/94 TO: Gary Crutchfiel Manager .i' WORKSHOP: * James Ajax, Dire f Public rks REGULAR: 5/16/94 FROM: Dennis Wright, City Engineerc .) SUBJECT: PROPOSED BROADMOOR PARK WATERLINE LID I. REFERENCE(S): 1. Vicinity Map 2. Ordinance 3. Assessment Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1. Conduct the Public Hearing 2. Motion: I move to adopt Ordinance No. creating LID 127 ordering the construction of a waterline in Broadmoor Parkway between Road 100 and a point approximately 350 feet east of Road 92. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The City has received a request from Metropolitan Mortgage to create an LID for the construction of a waterline in Broadmoor Parkway between Road 100 and a piont approximately 350 feet east of Road 92. The improvement will include installation of a 16 inch waterline to serve those properties fronting the roadway and will connect to the new transmission main being constructed by the city. On April 25, 1994, Council adopted Resolution No. 2125 declaring its intention of creating this LID and setting this date for the public hearing. Staff requests council conduct the public hearing then adopt an ordinance creating the LID. VI. OTHER COMMENTS: In order to complete this waterline construction in a timely manner to allow for the construction of the street LID this year, staff has already received bids for this waterline. Since Metropolitan Mortgage represents over 80 percent of the total LID assessments this LID can not be stopped by legal protest. Staff will be requesting award of a contract to construct the project later in this council meeting. VII. ADMINISTRATIVE ROUTING: Project File AGEN. REP. NO. 13 Page 1 of 1 ROAD 100 \ 1 / \ 1/ \ )-4 \ / 0 \iiI 0 \/ )-,d \ I / 0 I I 1 li i til 1 I/ 1 i / I ›. Z n )- I i PARV NO I BRO -4 AMIN& ---1 _ILLUI LY ,_ i > fjc a • iro a• ". t... .• — 14Th AVE. / / / / / :"~ 1/ / Ij 00 1/ 1/ / / / / 1i iparolla awrivaIvm. A.IID t•J •