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HomeMy WebLinkAbout3032 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 3373C-) AN ORDINANCE ordering the construction of certain improvements in the Pasco Processing Center all in accordance with Resolution No. 2136 of the City Council; establishing Local Improvement District No. 128 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. 2136 adopted June 6, 1994, the City Council declared its intention to order the improvement of properties in the Pasco Processing Center, and fixed July 5, 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 0138706 WP -1- 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 the properties described in Section 2 by construction of curbs, gutters, streets, waterlines, sanitary and industrial sewer lines, storm drainage, illumination and all other work necessary therefor and 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. Section 2. There is created and established a local improvement district to be called Local Improvement District No. 128 of the City of Pasco, Washington (the "District"), , 0138706 WP -2- the boundaries or territorial extent of the District being more particularly described as follows: SEE EXHIBIT "A" Section 3. The total estimated cost and expense of the improvement is declared to be $1,828,472. The entire 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 than the methods set forth in Chapter 35.44 RCW. 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 0138706 WP -3- 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. 128 , 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/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 0138706 WP -4- 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 $1,878,472. 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 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 0138706 WP -5- bids shall include a statement that payment for such work will be made in cash warrants drawn upon the Local Improvement Fund. Section 7. The Local Improvement Fund for the District is created and established in the office of the City Director of Finance/Budget. 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 8. Within 15 days of the passage of this ordinance there shall be filed with the City Director of Finance/Budget (functioning as the City Treasurer) 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/Budget immediately shall post the proposed assessment roll upon his index of local 0138706 WP -6- APPROVED AS TO FORM: City Attorney improvement assessments against the properties affected by the local improvement. PASSED by the City Council of the City of Pasco, Washington, this 5th day of July, 1994, and signed in authentication of its passage this S day of AUTHENTICATED: City Clerk ) c 1ociitL1 0138706 WP -7- I, DANIEL L. UNDERWOOD, City Clerk of the City of Pasco, Washington, certify that the attached copy of Ordinance No. 128 is a true and correct copy of the original ordinance passed on the 5th day of July, 1994, as that ordinance appears on the Minute Book of the City. DATED this day of , 1994. DANIEL L. UNDERWOOD City Clerk 0138706 WP EXHIBIT Ile All that real property situated in Sections 7 and 8 Township 9 North, Range 30 East, W M , Franklin County, Washington, more particularly described as follows Beginning at the southwest corner of said Section 8, being THE TRUE POINT OF BEGINNING, thence N 88°00'47" W, 251 04 feet, thence N 18°46'28" W, 2197 34 feet to a tangent point, thence along the arc of a curve to the left having a radius of 600 00 feet, 523 16 feet, through a central angle of 49°57'28", thence N 68°43'56"W, 168 28 feet, thence N 22°1736" W, 1379 86 feet to a tangent point, thence along the arc of a curve to the right, having a radius of 1859 97 feet, 250 81 feet, through a central angle of 48°28'16", thence N 49°15'19" E, 205 83 feet, thence S 40°44'41" E, 25 00 feet, thence N 49°15'19" E, 1100 00 feet, thence N 40°44'41" W, 25 00 feet, thence N 49°15'19" E, 493 86 feet, thence N 49°15'19" E, 149 88 feet to a tangent point, thence along the arc of a curve to the right having a radius of 1102 34 feet, 657 62 feet, through a central angle of 34°10'51", thence S 88°50'25" E, 69 44 feet, thence S 1°09'35" W, 10 00 feet, thence S 88°46'04" E, 41 65 feet, thence S 89°46'39" E, 111 40 feet, to a non-tangent curve whose radius bears N 82°1513" E, thence along the arc of a curve to the left having a radius of 2939 79 feet, 182 53 feet, through a central angle of 3°33'27" to a point of spiral curve, thence along the arc of a spiral the long chord of which bears S 19°37'33" E 202 08 feet, thence S 13°17'39" E, 3645 22 feet, thence S 4°20'11" W, 1500 00 feet, thence N 89°23'28" W, 1311 23 feet to THE TRUE POINT OF BEGINNING, containing 262 96 acres more or less AIN "0:t" (t,* -PO BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LEOLL AOVEOFUS110(0 INVOICE DATE 07 / 10/94 • LEGAL NO *1217 ACCOUNT NO 5(455C) DESCRIPTION 1217 -- CITY OF PASCO , WA TIMES 001 INCHES 31 ° 50 , /qq.14- Notary public in and for the State of Wash- ington, residing at PASCO WA COMMISSION EXPIRES DAY OF SOLD TO PASCO, CITY OF LEGALS P.O. BOX 293 PASCO WA r497:01 TOTAL $ NOTOCIE 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 AFF110AVIIT OF PUE31110/2THOO COUNTY OF BENTON SS STATE OF WASHINGTON *MAIM % JUI_ 1 1994 'FMitkisICE 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 1217 — CITY OF PASCO , WA 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 07/10/94 , and ending on 07/10/cu4 , and that said newspaper was regulary distributed to its subscribers during all of this period eiie/uA, 4/Zwiled SUBSCRIBED AND SWORN BEFORE ME THIS /e 401 LEGALS and industrial sewer lines storm drainage illumination and all other work necessary therefor and incidental there- to 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 Crry Council as long as such modification does not af- fect the propose of the im- provement Section 2 There is created and established a local im provement distnct to be called Local Improvement District No 128 of the City of Pasco Washington (the District' ) the boundaries or territorial extent of the District being more particularly descnbed as follows Section 3 The total estimat- ed cost and expense of the improvement is declared to be $1 828 472 The entire cost and expense shall be bome 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 ape cial benefits to the properties being assessed than the methods set forth in Chapter 35 44 RCW 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 Dm tnct or the owners of that property shall have paid prior to such connection a charge in lieu of dsseasme,t which shall be at least the equivalent of those assessments which 401 LEGALS 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 de- posited in the Local Improve- ment 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 improve ment shall be issued against the Local Improvement Fund Section 8 Within 15 days of the passage of this ordinance there shall be filed with the City Director of Finance/Bud get (functioning as the City Treasurer) the title of the urn 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 borne by each lot tract or parcel of land The City Director of Finance/Bud- get immediately shall post the propsed assessment roll up- on his index of local improve- ment assessments against the properties affected by the local improvement PASSED by the City Council Of the City of Pasco Wash- ington this 5th day of July 1994 and signed in authenti- cation of its passage this 5 day of July 1994 S Charles 0 Kilbury Mayor Authenticated s Catherine D Seaman Deputy City Clerk CITY OF RICH WASHINGTON CALL FOR BIDS Sealed bids will be received bythe City oVRtchland at the office of the City Engineer lo- cated in City Hall until July 26 - r CITY OF PASCO WASFiNGTON ORDINANDE140 3032 AN ORDINANCE ordering the construction of certain im provements in the Pasco Pro ceasing Center all in accor- dance with Resolution No 2136 of the City Council as tablishing Local Improvement District No 128 and ordenng the carrying out of the pro- posed improvement provid- ing that payment for the im provement be made by spe 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 2136 adopted June 6 1994 the City Council de- clared its intention to order the improvement of properties in the Pasco Processing Cen- ter and fixed July 5 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 would have been applied to that property had it been in cluded within that District 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 128 hereinafter created and re ferred to as the Local Im provement Fund and until the bonds referred to in this section are issued and de liv erect 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/Budget as issuing officer and to be re deemed in cash and/or by lo- cal improvement district bonds herein authonzed to be issued such interest bearing 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 lithe 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) prior to the date that any short-term obligations or local improvement district bonds are issued to finance the im- provement from proceeds of inter-fund loans or other funds that are not and are not rea- sonably expected to be re served 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 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,' district bonds that are expect- ed to be issued for the im - 401 LEGALS 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 his possession touching the pro- posed improvement a de- scription of the boundaries of the proposed local improve- ment district and a statement of what portion of the cost and expense of the improvement should be borne by the prop- erty within the proposed chs- 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 bome 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 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 Cut!) orders the improvement of the proper- ties dt,scnbed tt Section 2 by construction of curbs gutters streets waterlines sanitary it)0164 fr- 4017.EGALS- 401 LEGALS provement in a principal amount not exceeding $1 878 472 The City is authorized to issue local improvement distnct 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 authonzed and not re- deemed in cash within twenty days after the expiration of the thirty-day penod for the cash payment without 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 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 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 improvement is camed out pursuant to con tract upon competitive bids (and the City shall have an re serves 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 7 The Local Im provement Fund for the Dis- trict is created and estab fished in the office of the City Directoeof Finance/ Budget The proceeds from the sale of revenue warrants or other < TRANSACT ION REPORT > 07-06-1994(WED) 08 14 C -1- R•nn NI S Ni I -1- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 3973 7-06 08 09 15095821453 11 0°04 18 NORM E OK 11 0°04'18 ruillou li i1 1 1111 11 111 1 11 ili po o FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 July 5, 1994 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordmance(s) No 3032 on the following date July 10, 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 FOR City Council Manager Workshop James Ajax, Dire Public WorksRegular July 5, 1994 DATE June 29, 1994 TO Gary Crutchfiel AGENDA REPORT NO 22 FROM Dennis Wright, City Engineer se i 14.- SUBJECT Creation of the Industrial Way L I D I REFERENCE(S) 1 Vicinity Map 2 Ordinance 3 Assessment Map (Presented at Meeting) II ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS 1 Conduct a Public Hearing 2 Motion I move to adopt Ordinance No creating L I D 128 ordering the improvement of Industrial Way, south of Foster Wells Road III FISCAL IMPACT None IV HISTORY AND FACTS BRIEF City of Pasco has received a request from the Port of Pasco to create an L I D for improvements in Industrial Way, which is in the Port of Pasco Processing Center, located west of SR-395 and south of Foster Wells Road Those improvements include the construction of waterlines, sanitary sewer lines, industrial sewage lines, illumination and streets, including curbs and gutters This improvement will serve the proposed Simplot Processing Plant scheduled for construction this fall as well as other Port owned properties There will be no other property owners assessed, as the Port of Pasco owns 100% of the adjacent properties The staff requests Council conduct a Public Hearing, then adopt an Ordinance creating the L I D V DISCUSSION RUST Engineering has provided the Port of Pasco certain preliminary drawings, which have included the construction of a major trunk sewer through the Port Processing Center The sewer has been identified as a portion of the proposed major trunk sewer serving northeast Pasco There are certain financial benefits to the City if a portion of the trunk line can be installed as a part of this project The City will, however, be asked to participate in the oversizing of this line above and beyond the needs of the Processing Center Should the installation of this line prove feasible, it is the opinion of staff that the City should participate in the cost of this oversizing, which would then amount to between $50,000 and $100,000 The participation in the oversizing of this sewerline is not part of the L I D and it is the intention of the staff to bring this to Council's attention in order to describe a possible financial impact, not otherwise associated with the L I D Should oversizing prove feasible, staff will bring the matter back to Council for the appropriate action VI OTHER COMMENTS VII ADMINISTRATIVE ROUTING File 7(a) 111•70--- - I I I I I I 1 I ro °scot LID I RESERVED FOR I ELECTRICAL 1 SUBSTATION 1 1 1 1 1 1 1 o I 1., 1 v:- I 1 I 1 I 1 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