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HomeMy WebLinkAbout3216 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO ,1:31G AN ORDINANCE ordering the construction of sanitary sewerlines, sewer stubs, street overlay and other work in the Riverview area all in accordance with Resolution No 2289 of the City Council, establishing Local Improvement District No 131 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 2289 adopted January 6, 1997, the City Council declared its intention to order the improvement of certain property in the Riverview area within and outside the City, and fixed February 3, 1997, 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 comments thereon and objections thereto and for determining the method of payment for the improvement, and WHEREAS, 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 improvement of the Riverview area, both within and outside the City, by the construction of sanitary sewerlines, sewer stubs, street overlay and other related work located as described on Exhibit A attached hereto and by this reference made a part hereof 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 131 of the City of Pasco, Washington (the "District"), the boundaries or territorial extent of the District being the perimeter of this property more particularly described in Exhibit B attached hereto and by this reference made a part hereof Section 3 The total estimated cost and expense of the improvement is declared to be $1,757, A 50 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 -2- 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 statutory method of assessing the properties 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 131, 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 Finance and Budget Director, 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, -3- 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 $1 , 760,000, 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 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 -4- 1997 AUTHENTICATED Section 8 The Local Improvement Fund for the District is created and established in the office of the City Finance and Budget Director 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 Finance and Budget Director 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 Finance and Budget Director 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 February, 1997, and signed in authentication of its passage thi day of , APPROVED AS TO FORM City Attorney -5- EXHIBIT A STREET FROM 10 ROAD 34 SYLVESTER STREET HENRY STREET ROAD 37 SYLVESTER STREET MARGARET STREET ROAD 38 HENRY STREET MARIE STREET ROAD 40 SYLVESTER STREET COURT STREET ROAD 42 SYLVESTER STREET NIXON STREET ROAD 42 COURT STREET MARIE STREET 43RD PLACE SYLVESTER STREET ROAD 42 ROAD 45 RIVERHAVEN STREET SYLVESTER STREET RIVERHAVEN STREET ROAD 44 ROAD 45 RIVERHAVEN STREET ROAD 40 ROAD 44 IRVING STREET ROAD 40 ROAD 44 ROAD 44 SYLVESTER STREET RIVERHAVEN STREET NIXON STREET ROAD 37 ROAD 42 PARK STREET ROAD 37 ROAD 42 MARGARET STREET ROAD 37 ROAD 42 MARGARET STREET ROAD 34 ROAD 36 HENRY STREET ROAD 40 ROAD 44 HENRY STREET ROAD 34 ROAD 36 MARIE STREET ROAD 40 ROAD 42 41ST PLACE MARIE STREET 225 FEET NORTH COURT STREET ROAD 40 ROAD 44 BROWN PLACE ROAD 42 175 FEET WEST MARGARET STREET ROAD 34 250 FEET EAST Exhibit B Beginning at the northeast corner of Lot 1, Block 3, Plat of Riverhaven, thence south along the east line of said lot and continuing south along the east lines of Lot 16 and Lot 1, Block 2, and Lot 1, Block 1, all of said Plat of Riverhaven to the southeast ,corner of said Lot 1, Block 1, thence west along the south line of said Block 1 to the southwest corner thereof, thence north along the west line of Lot 8, Block 1, and continuing north along the west line of Lot 8 and Lot 9, Block 2, and the west line of Lot 8, Block 3, all Plat of Riverhaven, to the northwest corner of said Lot 8, Block 3, thence east along the north line of Lots 8, 7, 6, 5, 4, 3, 2, and 1, Block 3, to the Point of Beginning Together with Beginning at the southeast corner of Lot 12 Klopfenstein's Subdivision, thence west along the south line of said Lot 12 to the southwest corner thereof, thence north along the west line of said Lot 12 and continuing north along the west lines of Lots 13, 14, and 15, all Plat of Klopfenstein's Subdivision to the northwest corner of Lot 15, thence east along the north line of said Lot 15, 143 13 feet, thence north along a line parallel to and 143 12 feet west of the east line of Lots 16 and 17, Plat of Klopfenstein's Subdivision, to the south right-of-way line of Sylvester Street, thence east along the south right-of-way line of Sylvester Street to the northeast corner of Lot 17, Plat of Klopfenstein's Subdivision, thence south along the east lines of Lots 17, 16, 15, 14, 13, and 1 2 to the Point of Beginning Together with Beginning at the intersection of the east right-of-way line of Road 34 and the north right-of-way line of Sylvester Street, thence west along the north right-of- way line of Sylvester Street to the west right-of-way line of Road 34, thence north along the west right-of-way line of Road 34, 114 feet, thence west along a line parallel to and 114 feet north of the north line of Sylvester Street, 101 9 feet, thence north along a line parallel to and 101 9 feet west of the west right- of-way line of Road 34, 135 feet, thence west along a line parallel to and 279 north of the north right-of-way line of Sylvester Street 20 feet to the south east corner of Lot 8, Bernice Second Addition, thence north along the east line of Lots 8 and 9 of Bernice Second Addition to the northeast corner of said Lot 9, thence east along the south line of Lot 10, Bernice Second Addition to the south east corner thereof, thence north along the east line and east line extended of said Lot 10 to the north right-of-way line of Park Street, thence east along the north right-of-way line of Park Street to the southwest corner of Lot 7, Block 2, Bernice Addition, thence north along the west line of said Lot 7 to the northwest corner thereof, thence west along the south line of Lots 5,4, and 3 of Block 2, Bernice Addition to the southwest corner of said Lot 3, thence north along the west line of said Lot 3 to the northwest corner thereof, thence north along a line to the southeast corner of Lot 11, Block 1, Bernice Addition, thence north along the east line and west along the north line of said Lot 11 to the southwest corner of Lot 2, Block 1, Bernice Addition, thence north along the west line extended of said Lot 2 to the north right-of-way line of Henry Street, thence east along the north right-of-way line of Henry Street to a point 305 feet east of the west line of the northwest quarter of the northwest quarter of Section 25, Township 9 North Range 29 EWM, thence north along a line parallel to and 305 feet east of the west line of said northwest quarter, 425 feet, thence east along a line parallel to and 425 feet north of the south line of said northwest quarter of the northwest quarter to the west right-of-way line of Road 34, thence south along the west right-of-way line of Road 34 to the north right- of-way line of Henry Street, thence east along the north right-of-way line of Henry Street to the east line of the west half of the southeast quarter of the northwest quarter of the northwest quarter of said Section 25, thence south along the east line of said west half of the southeast quarter of the northwest quarter of the northwest quarter and continuing south along the east line of the west half of the northeast quarter of the southwest quarter of the northwest quarter of Section 25, Township 9 North Range 29 EWM to the southeast corner thereof, thence west along the south line of said west half of the northeast quarter of the southwest quarter of the northwest quarter to the northeast corner of Lot 1, Short Plat 77-29, thence south along the east line of Lots 1 and 2 of said Short Plat 77-29 to the southeast corner of said Lot 2, thence west along the south line of said Lot 2 to a point 208 feet east of the west line of the southeast quarter of the southwest quarter of the northwest quarter of said Section 25, thence south along a line parallel to and 208 feet east of the west line of said southeast quarter of the southwest quarter of the northwest quarter of said Section 25, 104 feet, thence west along a line parallel to the north line of the southeast quarter of the southwest quarter of the northwest quarter of said Section 25 to the east right-of-way line of Road 34, Thence south along the east right-of-way line of Road 34 to the Point of Beginning Together with Beginning at the southeast corner of Lot 8, Block 1 of Tamra Terrace, thence west along the south line of said Lot 8 to the southwest corner thereof, thence north along the west lines of Lots 8, 9, 10, 11, and 12 to the northwest corner of Lot 12, all of Block 1, Tamra Terrace, thence east along the north lines of Lots 12, 13, 14, and 15, said Block 1 to the west right-of-way line of Road 42, thence north along the west right-of-way line of Road 42 to the southeast corner of Lot 2, Short Plat 85-02, thence west along the south line of said Lot 2 to the southwest corner thereof, thence north along the west lines of Lot 2 and Lot 1, said Short Plat 85-02 to the south right-of-way line of Henry Street, thence west along the south line of Henry Street to a point 181 feet east of the west line of the northwest quarter of the southwest quarter of the northeast quarter of Section 26, Township' 9 North, Range 29 EWM, thence north along a line 18 1 feet east of parallel to the west line of said northeast quarter of Section 26 to a V point 425 feet south of the north line of the southwest quarter of the northwest quarter of the northeast quarter of said Section 26, thence east along a line parallel to and 425 feet south of said north line of the southwest quarter of the northwest quarter of the northeast quarter of said Section 26 to the east line of the west half of the northwest quarter of the northeast quarter of said Section 26, thence north along said east line to its intersection with the easterly projection of the south line of Lot 1 Arbee's Addition, thence west along the south line of Lots 1, 2, 3, and Tract A to the southwest corner of Tract A, all of Arbee's Addition, thence north along the west line of said Tract A to the south right-of-way line of Court Street, thence west along the south right-of-way line of Court Street to the intersection of the southerly projection of the west line of Lot 3, Block 1 of Cline Addition, thence north along said southerly projection and west line of Lot 3 to the northwest corner thereof, thence east along the north lines of Lots 3, 2, and 1 and the north line extended, all of Block 1, Plat of Clines Addition, to the east right-of-way line of Road 42, thence north along the east right-of-way line of Road 42 to the westerly extension of the south line of Short Plat 84-04, thence east along said westerly extension and the south line of Lots 1 and 2 of Short Plat 84-04 and the south line of Lot 4 Short Plat 77-1 to the west line of Lot 6 Block 1, Plat of Mottner's 2nd Addition, thence south along the west line of said Lot 6 and the west line of Lot 6 extended and the west line of Lot 1 Block 2 Plat of Mottner's 2nd Addition to the southwest corner of said Lot 1, thence east along the south line of Lots 1, 2, and 3 and the easterly extension of the south line of Lot 3, all of Block 2, Plat of Mottner's 2nd Addition to the east right-of-way line of Road 40, thence south along the east right-of-way line of Road 40 to the northwest corner of Lot 1 Short Plat 92-18, thence east along the north line of Lot 1 Short Plat 92-18 to the west line of Lot 5 Vogel Subdivision, thence south along the west line of Lot 5 Vogel Subdivision to the southwest corner thereof, thence east along the south line of Lots 5, 6, and 7 to the southeast corner of Lot 7 of Vogel Subdivision, thence south along the west line of Lot 1 of Vogel Subdivision to the southwest corner thereof, thence south along a line to the northwest corner of Lot 1 Carries Addition, thence south along the west line of said Lot 1 and Lot 8 of Carries Addition to the north right-of-way line of Octave Street, thence east to the west right-of-way line of Road 38, thence south along the west right-of-way line of Road 38 to the northeast corner of Lot 1 Short Plat 94-1, thence west along the north lines of Lots 1, 2, 3, 4, 5, 6, and 7 of Short Plat 94-1 to the east right-of-way line of Road 40, thence south along the east right-of-way line of Road 40 to the southwest corner of Lot 10, Block 8 Corrected Plat of Riverview Terrace, thence east along the south line of Lots 10, 11, 12, 13, 14, 15, 16, 17, and 18 and the south line of Lot 18 extended to the east right-of-way line of Road 37, thence south along the east right-of-way line of Road 37 to the northwest corner of Lot 1 Short Plat 76- 2, thence east along the north line of Lot 1 Short Plat 76-2 to the northeast corner thereof, thence south along the east line of Lots 1 and 4 of Short Plat 76- 2 to the southeast corner of said Lot 4, thence east along the south line of Lot 3 Short Plat 76-2 to the northeast corner of the west half of the east half of the northeast quarter of the southeast quarter of the northeast quarter of Section , , - t 26 Township 9 N Range 29, EWM, thence south along the east line of said west half of the east half of the northeast quarter of the southeast quarter of the northeast quarter of said Section 26, to the southeast corner thereof, thence west along the south line of said northeast quarter of the southeast quarter of the northwest quarter to a point 137 02 feet east of the northwest corner of the east half of the southeast quarter of the southeast quarter of the northeast quarter of said Section 26, thence south along a line 137 02 feet east of said parallel to the west line of said east half of the southeast quarter of the southeast quarter of the northeast quarter of said Section 26, 102 feet, thence west along a line parallel to the north line of the east half of the southeast quarter of the northeast quarter of said Section 26, to a point 110 feet east of the northwest corner thereof, thence south along a line parallel to and 110 feet east of the east right-of-way line of Road 37, a distance of 102 feet, thence east along a line parallel to the south line of the southeast quarter of the northeast quarter of said Section 26 to a point 140 feet east of the west line of the east half of the southeast quarter of the southeast of the northeast quarter of said Section 26, thence south along a line parallel to and 140 feet east of the east right-of-way line of Road 37 a distance of 185 feet, thence west along a line parallel to the south line of the northeast quarter of said Section 26, a distance of 13 feet, thence south along a line parallel to and 127 feet east of the east right-of-way line of Road 37, a distance of 104 feet, thence west along a line parallel to the south line of the northeast quarter of said Section 26 to the east right-of-way line of Road 37, thence west along a line to the southeast corner of Lot 18 Block 1 of the Corrected Plat of Riverview Terrace, thence west along the south line of Lots 18, 17, 16, 15, 14, 13, 12, 11, 10, and the westerly projection of the south line of said Lot 10, all of Block 1 of the Corrected Plat of Riverview Terrace to the southeast corner of Lot 12 Block 2 of the Corrected Plat of Riverview, thence west along the south line of Lots 12, 11, 10, 9, 8, and 7 of said Block 2 to the east right-of-way line of Road 42, thence south along the east right-of-way line of Road 42 to the north right-of-way line of Sylvester Street, thence west along the north right-of-way line of Sylvester Street to its intersection with the east line of Lot 7 Block 2 of the Plat of Tamra Terrace, thence north along the east line of said Lot 7 to the northeast corner thereof, thence west along the north line of said Lot 7 to the northwest corner thereof, thence west along a line to the southeast corner of Lot 8 Block 1 of the Plat of Tamra Terrace and the Point of Beginning Together with Lots 7, 8, 9, 10, and 11 Replat of Klopfenstems Subdivision