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