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HomeMy WebLinkAbout3175 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO , :- /75 - AN ORDINANCE ordering the construction of certain improvements in the Riverview Area south of Sylvester Street a n d east of Road 40, all in accordance with Resolution No 2266 of the City Council, establishing Local Improvement District No 130 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 2266 adopted September 3, 1996 the City Council declared its intention to order the improvement of properties in the Riverview Area south of Sylvester Street and east of Road 40, and fixed October 7, 1996 at 7 30 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 1 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 a n d the estimated cost and expense thereof to be borne by each lot, tract a n d 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 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 a s 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 sanitary sewers, sewer stubs, an asphalt overlay, and all other work necessary therefor and incidental thereto All of the foregoing shall be in accordance with the plans a n d specifications therefor prepared by the City Engineer, and may be modified by 2 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 130 of the City of Pasco, Washington (the "District"), 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 $742,500 The entire cost and expense shall be borne by a n d 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 t h e 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 District or the owners of that property shall 3 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 i n 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 130, 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, 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 t he cost of the improvement herein ordered to be assessed against the property 4 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 $742,500 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 i n annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of "payment by bonds," as defined by law and the ordinances of the City The exact form, amount, date, interest rate and denominations of such bonds hereafter shall be fixed by ordinance of the City Council Such bonds shall be sold in such manner as the City Council hereafter shall determine Section 7 In all cases where the work necessary to be done in connection with the making of such improvement is carried out pursuant to contract 5 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 a n d established in the office of the City Director of Finance 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 i n 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 i n 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 Director of Finance (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 immediately shall post the proposed assessment roll upon 6 Charles D Kilbury, ayor eland B err, City Atto ney 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 7th day of October, 1996 and signed in authentication of its passage this 7th day of October, 1996 AUTHENTICATED Daniel L Underwood, City Clerk APPROVED AS TO FORM 7 EXHIBIT A Beginning at a point on the north right-of-way line of West Irving Street, said point being the intersection of the northerly projection of the west line of Lot 18 Block 1 of the Plat of Ingrams Subdivision, thence south o n said northerly projection and along the west lines of Lots 18, 17, 16, 15, 14, 13, 12, 11, and 10, Block 1 of said Plat of lngrams Subdivision to the northline of Hopkins Street, thence south westerly along a straight line to the northwest corner of Lot 2, Short Plat 75-10, thence south along the west line of said Lot 2 to the south west corner thereof, thence east along the south line of said Lot 2 to the south east corner thereof, thence north along the east line of said Lot 2 to the south west corner of Lot I Short Plat 76-17, thence east along the sou th line of Lots 1 and 2 of Short Plat 76-17 and the south lines of Lots 1 and 2 of Short Plat 76-18 to the southeast corner of Lot 2, thence north along the east line of said Lot 2 Short Plat 76-18 to the south right-of-way line of Hopkins Street, thence west along the south right-of-way line of Hopkins Street to its intersection with the southerly projection of the east line of Lot 23 Block 2 of the Plat of Ingrams Subdivision, thence north along the southerly projection and the east line of Lots 23, 22, 21, 20, and 19 to the northeast corner of Lot 19, thence continuing north along the east line of the west 170 feet of the north 132 feet of the NE4 of the SW4 of the NW4 of the SW4 of Section 25, Township 9 N, Range 29 EWM to the northeast corner thereof, thence west along the north line of said NE4 of the SW4 of the NW4 of the SW4 to the west line thereof, thence north along the west line of the SE4 of the NW4 of the NW4 of the SW4 of Section 25, Township 9 N, Range 29 EWM to a point 110 feet south of the northwest corner thereof, thence east 140 feet along a line parallel to and 110 feet south of the north line of said NE4 of the NW4 of the NW4 of the 5W4, thence north along a straight line to a point on the north line of said NE4 of the NW4 of the NW4 of the SW4, said point being 140 feet east of the northwest corner thereof, thence west along said north line to the northwest corner of said NE4 of the NW4 of the NW4 of the SW4 and continuing west along the north right-of-way line of Irving Street to the Point of Beginning Beginning at the southeast corner of Lot 1, Blk 8, Amended Plat of Pierret's Subdivision, thence west along the south line of said Lot 1 to the southwest corner thereof, thence westerly along a straight line to the southeast corner of Lot 20, Blk 7, of said Amended Plat of Pierret's Subdivision, thence westerly along the south line of said Lot 20 and Lot 1 of Blk 7, to the southwest corner of Lot 1, thence westerly along a straight line to the southeast corner of Lot 20, Blk 6 of said Amended Plat of Pierret's Subdivision, thence west along the sou th line of said Lot 20 and Lot 1, Blk 6, to the southwest corner of Lot 1, thence westerly along a straight line to the southeast corner of Lot 18, Blk 5, of said Amended Plat of Pierret's Subdivision, thence west along the south line of Lot 18 and Lot 1, and the westerly extension of the south line of Lot 1 to the west right-of-way line of Road 40, thence south along the west right-of-way line of Road 40 to its intersection with the south right-of- way line of Riverhaven Street, thence east along the south right-of-way line of Riverhaven Street to the northwest corner of Lot 8, Block 4, Plat of Pierret's Subdivision, thence south along the west line of said Lot 8 to the USA "taking line", thence east along the USA "taking line" to the west line of Block 9, Amended Plat of Pierret's Subdivision, thence continuing east along the USA "taking Line" to the south right-of-way line of Havstad Street, thence east along the south right-of-way line of Havstad Street to its intersection with the southerly projection of the east line of Lot 8, Blk 4, of said Amended Plat of Pierret's Subdivision, thence north along said southerly projection and the east line of Lots 8 and 11 of said Blk 4 to the north east corner of Lot 11, Blk 4, thence north along a straight line to the southeast corner of Lot 11, Blk 8, of said Amended Plat of Pierret's Subdivision, thence north along the east line of Lots 11, 10, 9, 8, 7, 6, 5, 4, 3, and 2 of said Blk 8 to the Point of Beginning Beginning at the southwest corner of Lot 7, Plat of Thompson's Subdivision, thence east along the south line of Lots 7, 8, 9, and 10 of said Plat of Thompson's Subdivision to the westerly right-of-way line of SR395, thence northerly along said westerly right-of-way line of SR395 to the south right-of-way line of Sylvester Street, thence west along the south right-of-way line of Sylvester Street to the northeast corner of Lot 21, said Plat of Thompson's Subdivision, thence south along the east line and east line projected of said Lot 21 to the northeast corner of Lot 12 of said subdivision, thence west along the north line of Lots 12, 13, and Lot 14 to the northwest corner of Lot 14, thence south along the west line of said Lot 14, 100 feet, thence west along a line parallel to and 100 feet south of the north line of Lot 15, to the west line thereof, thence south along said west line and west line projected to the northwest corner of Lot 7, Plat of Thompson's Subdivision, thence sou th along the west line of said Lot 7 to the point of beginning -- ------ ----- ---- ----- ------- ITTTR, T I (AREA PUBLIC HEARING DATE #1 OCTOBER 7, 1996 #2 JANUARY 6, 1997 #3 MARCH 3, 1997 i I, DANIEL L UNDERWOOD, 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 day of , 1996, as that ordinance appears on the Minute Book of the City DATED this day of , 1996 Daniel L Underwood, City Clerk 2 oio 01111111 1 1111111111 mompii FINANCE DEPA TMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 PO BOX 293, 525 NORTH 3RD AYE, PASCO, WASHINGTON 99301 October 8, 1996 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3175 - 3177 on the following date October 13, 1996 Please send two (2) Affidavits of Publication for each Thank you, Catherine D Seaman, Deputy City Clerk 545-3402 cds * No attachments or maps included SUBSCRIBED AND SWORN BEFORE afiE THIS et-k. DAY OF tgq(e 410 A . /- otary public in a d for the State o Wash- ington, residing at R I CHLAND WA COMMISSION EXPIRES 08/1k../00 \IN r -AM a. IC _PO BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LEGAL ADVERTM INVOICE SOLD TO PASCO, CITY OF LEGALS P.O. BOX 297 F ASCO WA 997.01 DATE 1 "i -3 '74 E LEGAL NO #1 5.60 ACCOUNT NO 50550 DESCRIPTION *1560 CITY OF PASCO, WASHIN TIMES 001 INCHES 71 -c30 TOTAL -1490.77 friOTOCE 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 ° Crec-D,V,rn \ AFF8DAWT Pkg UGATHORY COUNTY OF BENTON SS STATE OF WASHINGTON 1.;: Ill BE :OLD ° , being duly sworn, deposes and says, I am the Legal Clerk of the Tri-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 #15E,0 CITY OF PASCO q WASH I N 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 /1 :://91:, , and ending on 10/17./9E , , and that said newspaper was regulary distributed to its subscribers during all of this period EVEIMED ,acT 1 8 1996 101--)19c ********** -IND XMT JOURNAL- *************** DATE OCT-08-1996 ***** TIME Oq 23 **4***** DATE/TIME = OCT-08-1996 09 19 JOURNAL No = 03 COMM RESULT = OK PAGE(S) = 012 DURATION = 00 0409 FILE No = MODE = TRANSMISSION DESTINATION = <01> / 9 582 1453 / TCH RECEIVED ID = / 1 509 582 1453 RESOLUTION = STD -CITY OF PASCO FINANCE - t*********** **40K - - *414* - 1 509 544 3082- *********