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
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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
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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
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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
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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
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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
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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
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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)
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