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HomeMy WebLinkAbout3049 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO 3 o LI 7 AN ORDINANCE relating to Local Improvement District No 126, amending Ordinance No 3010 by enlarging the boundaries of that district and providing for and ordering additional improvements WHEREAS, by Ordinance No 3010, passed on April 18, 1994, the City Council of the City of Pasco, Washington (the "City Council") ordered 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 created Local Improvement District No 126 ("LID No 126"), and WHEREAS, the City Council has determined that the boundaries of LID No 126 should be enlarged and additional improvements should be provided, and pursuant to Resolution No 2 1 5 2 , after due notice conducted a hearing on such enlargement and additional improvements on October 3, 1994, at 7 30 p m local time, and all objections to the proposed additional improvements and the enlargement of the boundaries of the District were duly considered and overruled by the City Council and all persons appearing at such hearing and wishing to be heard and were heard, and WHEREAS, the City Council has determined it to be in the best interests of the City that the additional improvements be carried out and that LID No 126 should be enlarged in connection therewith, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows 1 Section 1 Section 1 of Ordinance No 3010 is amended to read 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 north side of approximately the west 2000 feet of that roadway Additional street improvements shall be made by providing grading, base course, asphalt concrete surfacing, drainage facilities, illumination, curbs and gutters, landscaping and a landscape irrigation system, all on the east side of Road 100, between the south line of Section 8, Township 9 North, Range 29 East, Willamette Meridian, to the south line of Broadmoor Parkway 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 Section 2 of Ordinance No 3010 is amended to read as follows 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 Section 3 of Ordinance No 3010 is amended to read as follows Section 3 The total estimated cost and expense of the improvement is declared to be $ 1,470,059 00 Approximately $ 224,165 00 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, except that all of the cost and expense of the additional improvements provided for in this amendatory ordinance shall be assessed against the additional parcel of property added by Section 2 of this amendatory ordinance and against one other parcel of property in LID No 126, specially benefited thereby Section 4 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 new boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracks 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, track 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 of the City of Pasco, Washington, this 3rd day of October, 1994, and signed in authentication of its passage this —1 day of O&C , 1994 Mayor ATTEST Deputy City Clerk APPROVED AS TO FORM < TRANSACTION REPORT > 10-04-1994(TUE) 09 43 C -I- FR A NI SI-1 I -1- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 4778 10-04 09 36 15095821453 18 0°06'38 NORM E OK 18 0°06 38 I, Catherine D Seaman, Deputy City Clerk of the City of Pasco, Washington, certify that the attached copy of Ordinance No is a true and correct copy of the original ordinance passed on the 3rd day of October, 1994, as that ordinance appears on the Minute Book of the City DATED this day of October, 1994 Catherine D Seaman Deputy City Clerk EXHIBIT "A" That portion of Section 8, Township 9 north, Range 29, east Willamette Meridian, lying southerly of the southwest right- of-way line of Interstate Highway 1-182, together with a strip of land 150 in width, lying 75' on either side of the following described line Beginning at a point on the west line of Section 8, Township 9 north, Range 29, east Willamette Meridian, said point lying 340' south of the west 1/4 corner of said Section 8, Thence northerly on the west line of said Section 8, a distance of 740' to a point and the terminus of this description Together with Beginning at the NW corner of Section 8, thence E along the N line of Section 8 to the NW corner of Blk 5 of the plat of Bioadmooi Park No 1, thence S along the W line of Blk 5 and Blk 4 of said Broadmoor Park No 1 to the NW corner of Lot 1 Blk 4 of said Broadmoor Park No 1 Addition, thence E along the N line of Lot 1 Blk 4 of Broadmoor Park No 1 to the W line of Road 92, thence continuing E along the N line extended of Blk 1 Lot 4 of Broadmoor Park No 1 to the W line of Cole's Estates, thence continuing E along the N line of Lot 24 Cole's Estates to the NE corner thereof, thence S along the E line and E line extended to the S right-of-way line of Broadmoor Pal kway , thence E along the S right-of-way line of Bioadmooi Parkway to its intersection with the E line of Lot 3 Blk 2 of Broadmoor Park No 1, thence S along the E line and E line extended of said Lot 3 Blk 2 Broadmoor Park No 1 to its intersection with the N right- of-way line of Interstate Highway 1-182, thence NW along the N right-of-way line of 1-182 to the intersection with the E right-of-way line of Road 100, thence N along the E right-of-way line of Road 100 to its terminus, thence W along the N terminus of Road 100 to its intersection with the W line of Section 8, T9 N, R29, E W M , thence N along the W line of said Section 8 to the NW corner thereof and the point of beginning SS/04, 5 eVA, _PO BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 &Mal AOVE071Z1102 INVOICE SOLD TO PAc3C0 „ CITY OF LEGALS FO BOX 2:17 DATE 1 " c):4 /".414 LEGAL NO *17 74 ( 7: ACCOUNT NO 5 "550 DESCRIPTION TIMES 00 1 INCHES L 7 " 80 792 CITY OF F ASCO WASH I PASCO WA .43701 TOTA&, 134 .0E RIOTIICEE 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 CITY OF PASCO, WASHINGTON ORGINANCr NO 3049 AN OROINANCE relating to Local Improvement Dis- trict No 126 amending Or- dinance No 3010 by en- larging the boundaries of the district and providing for and ordering additional improvements WHEREAS by Ordinance No 3010 passed on April 18 1994 the City Council of the City of Pasco Wash- ington (the City Council ) ordered the improvement of Broadmoor Parkway in- cluding grading base course asphalt concrete surfacing drainage facili- ties all other work neces sary therefor or incidental thereto illumination curbs and gutters and sidewalks and created Local Im- provement District No 126 ( LID No 126) and WHEREAS the City Coun a has determined that the boundaries of LID NO 126 should be enlarged and ad- ditional improvements should be provided and pursuant to Resolution No 2152 after due notice con- ducted a hearing on such enlargement and additional improvements on October 3 1994 at 7 30 p m local time and all objections to the proposed additional im- provements and the en largement of the boundaries of the District were duly considered and overruled by the City Coun cil and all persons appear ing at such hearing and wishing to be heard and were heard and WHEREAS the City Coun- cil has determined it to be in the best interests of the City that the additional im- provements be carried out and that LID No 126 should be enlarged in con nection therewith NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- DAIN as follows Section 1 Section 1 of Ordinance No 3010 is amended to read as fol lows Section 1 The City Coun- cil of the City of Pasco Washington (the City ) or- ders the improvement of Broadmoor Parkway in- cluding grading base course asphalt concrete surfacing drainage facili ties and all other work nec essary therefor or inciden- tal thereto Illumination and curbs and gutters will be constructed within that part of the project in section 8 T9N R29 E W M and side- walks will be constructed on the south side of that section of roadway Side walks will also be con- structed on the north side of approximately the west 2000 feet of that roadway Additional street im provements shall be made by providing grading base course asphalt concrete surfacing drainage facili- ties illumination curbs and gutters landscaping and a landscape irrigation sys- tem all on the east side of Road 100 between the south e'.Iine " of Section 8 Township 9 North Range 29 East Willamette Merid- ian to the south line of Broadmoor Parkway . All ip-f the foregoing—dhall be in accordance with the plans and specifications therefc.r preparrACI by the City Engineer and may be modified by the City Coun cil as long as such modi- fication dies not affect the purpose of the im provement Section 2 Section 2 of Ordinance No 3010 is amended to read as fol to Section 2 There is created and established a local im- provement '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 particu- larly described in Exhibit A attached hereto and by this reference incorporated herein Section 3 Section 3 of Ordinance No 3010 is amended to read as fol lows Section 3 The total es- timated cost and expense of the improvement is de clared to be $1 470 059 00 Approximately $224 165 00 of the cost and expense shall be paid by the city and the balance of such cost and expense shall be borne by and as sessed against the prop erty specially benefited by such improvement included in the District which em braces as nearly as practi cable all property specially benefited by such im provement except that all of the cost and expense of the additional im- provements provided for in this amandatory °ordinance shall be assessed against the additional parcel of property added by Section 2 of this amendatory ordi nance and against one other parcel of property in LID No 126 specially benefited thereby Section 4 Within 15 days of the passage of this ordi nance there shall be filed with the City Clerk the title of the improvement and district number a copy of the diagram or print show- ing the new boundaries of the District and the prelim- nary assessment roll or abstract of such roll show- ing thereon the lots tracks / and parcels of land that will be specially benefited ( thereby and the estimated 4 cost and expense of such improvement to be borne by each lot track or parcel of land The City Clerk im- mediately shall post the proposed assessment roll upon his index of local im provement assessments against the properties af- fected by the local im provement PASSED by the City Coun- cil of the City of Pasco Washington this 3rd day of October 1994 and signed in authentication of its pas sage this 3 day of October 1994 s Joyce DeFelice Mayor Attest -s Catherine D Seaman Deputy'Oity Cleric Approved As To Form Greg A Rubstello City Attorney ,., #1792 -' 10/9/94 ZYFEDZYLIT OF '11- COUNTY OF BENTON STATE OF WASHINGTON rd 09 ct 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 1 7c12 12' .E Y 01" F ASCO WASH" 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 10/0 V -:)41 , and ending on 10 / 03/ 94 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS 18 DAY OF arjr110--e-A- Notary pliblic in and for the State of Wash- ington, residing at F ASCO WA COMMISSION EXPIRES 7— FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHING ION 99301 October 4, 1994 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy. Please publish the attached Ordinance(s) No 3048-3052 on the following date. October 9, 1994 Please send two (2) Affidavits of Publication for each Thank you, Osc6t411,4_4) Catherine D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included. FOR City Council 10 Gary Crutchfield, AGENDA REPORT NO 50 DATE September 29, 1994 anager WORKSHOP REGULAR October 3, 1994 FROM Dennis Wright, Acting Director of Public Works C) SUBJECT Modifications to the Broadmoor Park L I D I REFERENCE(S) 1 Ordinance II ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS 1 Conduct a Public Hearing Motion I move to adopt Ordinance No modifying the boundaries and scope of work for L I D 126 and further authorizing Staff to negotiate a change order with the contractor to make the improvements III FISCAL IMPACT 100% of the cost of this addition to the L I D will be paid by Metropolitan Mortgage IV HISTORY AND FACTS BRIEF The City of Pasco has received a request from Metropolitan Mortgage to add the street construction required in Road 100 to the work being performed under L I D 126, which is the improvement of Broadmoor Parkway, between Road 100 and Road 68 The actual improvements will include the widening of Road 100, adjacent to the Metropolitan Mortgage Business Park, south of 1-182 and will include widening Road 100 from 1-182 north to Broadmoor Parkway Staff notes that 100% of these proposed improvements will be adjacent to Metropolitan Mortgage property and Metropolitan Mortgage will be paying 100% of the costs of these improvements V DISCUSSION Metropolitan Mortgage has indicated it is their desire to complete these improvements this fall in order to accommodate the proposed development in their business park and to be prepared for the development of the outlet mall In order to accomplish this work during this construction season, it will be necessary to negotiate a change order with the contractor performing the work in order to avoid the advertising and award period normal to new construction projects In addition, it will be necessary to start construction on this work during the protest period at which time the addition to the L I D could be stopped It would be Staff's intention that prior to allowing work to start the City would negotiate an agreement by which Metropolitan Mortgage will agree to pay 100% of the costs of these improvements should this work be halted by protest VI OTHER COMMENTS VII ADMINISTRATIVE ROUTING Project File 50