HomeMy WebLinkAbout4393 Ordinance CITY OF PASCO, WASHINGTON
ORDINANCE NO. z-436-k,
AN ORDINANCE of the City of Pasco, Washington, relating to full
roadway improvements that includes road construction to three-lane and five-lane
design, curb, gutter, sidewalk, storm drain system, street lighting, and landscaping
(collectively, the "Improvements"); ordering the improvement of Chapel Hill
Boulevard from Road 68 to Road 84, including the intersection with Road 76, all
in accordance with Resolution No. 3829 of the City Council; establishing Local
Improvement District No. 150, and ordering the carrying out of the proposed
improvements; providing that payment for the improvements 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.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY
ORDAIN as follows:
Section 1. RECITALS AND FINDINGS.
1.1 By Resolution No. 3829 adopted April 2, 2018, the City Council declared its
intention to order the improvement of Chapel Hill Boulevard from Road 68 to Road 84,
including the intersection with Road 76, with full roadway improvements that includes road
construction to three-lane and five-lane design, curb, gutter, sidewalk, storm drain system, street
lighting, and landscaping. Resolution No. 3829 fixed May 7, 2018, at 7:00 p.m., local time, in
the City 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(the "formation hearing"). The hearing
was continued to August 6, 2018 at 7:00 p.m., local time, in the City Council Chambers of the
City Hall.
1.2 The City Engineer caused an estimate to be made of the cost and expense of the
proposed improvements 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.
The Engineer's 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.
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1.3 Due notice of the formation hearing was given in the manner provided by law, or
such notice was waived by property owners as needed. The formation hearing was held by the
City Council on the dates and at the time above-mentioned, and all objections to the proposed
improvement were duly considered by the City Council. All persons appearing at such hearing
and wishing to be heard were heard.
1.4 The City Council determines 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.
1.5 The Improvements will satisfy transportation concurrency requirements for
properties within the LID, including no further requirement for the properties to prepare
transportation impact analyses (TIAs) or to further address offsite traffic impacts prior to
development.
Section 2. IMPROVEMENTS ORDERED. The City Council of the City of Pasco,
Washington (the "City"), orders the improvement of the properties within the area described in
Exhibit B, by the improvement of Chapel Hill Boulevard as a principal arterial from Road 68 to
Road 84, including the intersection with Road 76, to full roadway improvements that includes
road construction to three-lane and five-lane design, curb, gutter, sidewalk, storm drain system,
street lighting, and landscaping, as more particularly described in Exhibit A (the
"Improvements"). The Improvements 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 Improvements.
Section 3. LID 150 CREATED. There is created and established a local
improvement district to be called Local Improvement District No. 150 of the City of Pasco,
Washington (the "District"), the boundaries or territorial extent of the District being more
particularly described in Exhibit B attached hereto and by this reference incorporated herein.
Section 4. IMPROVEMENT COSTS ESTIMATED. The total current estimated cost
and expense of the Improvements is declared to be $11.16 million, of which an estimated
$7,014,340 is to be assessed against the properties within the LID. The Cost and expense of the
Improvements shall be borne by and assessed against the property specially benefited by such
Improvements included in the District which embraces as nearly as practicable all property
specially benefited by such Improvements. The City reserves the right under RCW 35.44.020 to
exclude costs and expense of the Improvements from the cost and expense to be assessed against
the property within LID 150 and may pay from any other moneys available therefor if the City
Council so designates by ordinance at any time. The City presently identifies the following costs
for payment by the City:
• Upgrade to 5-lane section(beyond 3-lane section)between Road 76 and Road 68;
• Roundabouts at Road 84 and Road 76;
• Right of way acquisition from Department of Natural Resources;
• LID Guarantee Fund and other financing (not including interest on LID installment
payments).
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The forgoing is premised on the current plan for the confirmation of the final assessment roll and
the issuance of bonds to finance construction of the Improvements and the resulting avoidance of
substantial interim financing costs.
Section 5. ASSESSMENT METHODS. 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. Actual assessments may
vary from assessment estimates so long as they do not exceed a figure equal to the increased true
and fair value the Improvements add to the property within the LID.
Section 6. INTERIM AND BOND FINANCING AUTHORIZED.
6.1 Local improvement district warrants may be issued in payment of the cost and
expense of the Improvements herein ordered to be assessed, such warrants to be paid out of the
Local Improvement Fund, District No. 150, 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's Finance Manager, 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.
6.2 If the City shall authorize expenditures to be made for such Improvements (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 Improvements,
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
Improvements 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 Improvements in the
estimated principal amount not exceeding$11.16 million.
6.3 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
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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. CONSTRUCTION. In all cases where the work necessary to be done in
connection with the making of such Improvements 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 may be made in cash warrants
drawn upon the Local Improvement Fund or by check or other lawful instrument through the City
LID Construction Fund, LID 150 Account, for and on behalf of the District.
Section 8. LID FUND CREATED. The Local Improvement Fund for the District is
created and established in the office of the City Finance Manager. 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 Improvements and cash warrants in payment
for all other items of expense in connection with the Improvements may be issued against the Local
Improvement Fund. Alternatively, payment to the contractor or contractors may be made through
the City LID Construction Fund,LID 150 Account,for and on behalf of the District.
Section 9. LID NOTICE. Within 15 days of the passage of this ordinance there shall
be filed with the City Clerk the title of the Improvements 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 Improvements to be borne by each
lot, tract or parcel of land. The City Clerk immediately shall post the proposed assessment roll
upon her index of local improvement assessments against the properties affected by the local
Improvements. The City may, but need not, give notice of the LID through other means,
including but not limited to recording of this ordinance.
PASSED by the City Council and APPROVED by the Mayor of the City of Pasco,
Washington, at a regular open public meeting thereof, this 20th day of August, 2018.
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Matt Watkins,Mayor
ATTEST:
, �. / _ LLQ ei 672
Daniela Erickson, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
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EXHIBIT A
LID 150 —Chapel Hill Boulevard Street Improvements
In—From—To Description
In Street From To
Chapel Hill Boulevard* Road 68 Road 84
* Including the intersection with Road 76
The LID 150 Improvements include full roadway improvements that includes road construction
to three-lane and five-lane design, curb, gutter, sidewalk, storm drain system, street lighting and
landscaping.
Exhibit A
EXHIBIT B
LID No. 150—Improvements
Legal description of the LID boundary:
County Parcel# Legal Description
117510033 Lot 1 of Record Survey 1847849
117510036 Lot 4 of Record Survey 1847849
117510038 Lot 6 of Record Surveyl 847849
117510039 Lot 7 of Record Surveyl 847849
117510041 Chiawana Heights Phase 1, Lot 1
117510042 Chiawana Heights Phase 1, Lot 2
117510043 Chiawana Heights Phase 1, Lot 3
117510044 Chiawana Heights Phase 1, Lot 4
117510045 Chiawana Heights Phase 1, Lot 5
117510046 Chiawana Heights Phase 1, Lot 6
117510047 Chiawana Heights Phase 1, Lot 7
117510048 Chiawana Heights Phase 1, Lot 8
117510049 Chiawana Heights Phase 1, Lot 9
117510050 Chiawana Heights Phase 1, Lot 10
117510051 Chiawana Heights Phase 1, Lot 11
117510052 Chiawana Heights Phase 1, Lot 12
117510053 Chiawana Heights Phase 1, Lot 13
117510054 Chiawana Heights Phase 1, Lot 14
117510055 Chiawana Heights Phase 1, Lot 15
117510056 Chiawana Heights Phase 1, Lot 16
117510057 Chiawana Heights Phase 1, Lot 17
117510058 Chiawana Heights Phase 1, Lot 18
117510059 Chiawana Heights Phase 1, Lot 19
117510060 Chiawana Heights Phase 1, Lot 20
117510061 Chiawana Heights Phase 1, Lot 21
117510062 Chiawana Heights Phase 1, Lot 22
117510063 Chiawana Heights Phase 1, Lot 23
117510064 Chiawana Heights Phase 1, Lot 24
117510065 Chiawana Heights Phase 1, Lot 25
117510066 Chiawana Heights Phase 1, Lot 26
117510067 Chiawana Heights Phase 1, Lot 27
117510068 Chiawana Heights Phase 1, Lot 28
117510069 Chiawana Heights Phase 1, Lot 29
117510070 Chiawana Heights Phase 1, Lot 30
Exhibit B - 1
117510071 Chiawana Heights Phase 1, Lot 31
117510072 Chiawana Heights Phase 1, Lot 32
117510073 Chiawana Heights Phase 1, Lot 33
117510074 Chiawana Heights Phase 1, Lot 34
117510075 Chiawana Heights Phase 1, Lot 35
117510076 Chiawana Heights Phase 1, Lot 36
117510077 Chiawana Heights Phase 1, Lot 37
117510078 LOT 3 OF RECORD SURVEY 1847849 EXCEPT CHIAWANA
HEIGHTS PHASE 1
117510081 Riverhawk Estates Phase 1, Lot 1
117510082 Riverhawk Estates Phase 1, Lot 2
117510083 Riverhawk Estates Phase 1, Lot 3
117510084 Riverhawk Estates Phase 1, Lot 4
117510085 Riverhawk Estates Phase 1, Lot 5
117510086 Riverhawk Estates Phase 1, Lot 6
117510087 Riverhawk Estates Phase 1, Lot 7
117510088 Riverhawk Estates Phase 1, Lot 8
117510089 Riverhawk Estates Phase 1, Lot 9
117510090 Riverhawk Estates Phase 1, Lot 10
117510091 Riverhawk Estates Phase 1, Lot 11
117510092 Riverhawk Estates Phase 1, Lot 12
117510093 Riverhawk Estates Phase 1, Lot 13
117510094 Riverhawk Estates Phase 1, Lot 14
117510095 Riverhawk Estates Phase 1, Lot 15
117510096 Riverhawk Estates Phase 1, Lot 16
117510097 Riverhawk Estates Phase 1, Lot 17
117510098 Riverhawk Estates Phase 1, Lot 18
117510099 Riverhawk Estates Phase 1, Lot 19
117510100 Riverhawk Estates Phase 1, Lot 20
117510101 Riverhawk Estates Phase 1, Lot 21
117510102 Riverhawk Estates Phase 1, Lot 22
117510103 Riverhawk Estates Phase 1, Lot 23
117510104 Riverhawk Estates Phase 1, Lot 24
117510105 Riverhawk Estates Phase 1, Lot 25
117510106 Riverhawk Estates Phase 1, Lot 26
117510107 Riverhawk Estates Phase 1, Lot 27
117510108 Riverhawk Estates Phase 1, Lot 28
117510109 Riverhawk Estates Phase 1, Lot 29
117510110 Riverhawk Estates Phase 1, Lot 30
117510111 Riverhawk Estates Phase 1, Lot 31
117510112 Riverhawk Estates Phase 1, Lot 32
Exhibit B - 2
117510113 Riverhawk Estates Phase 1, Lot 33
117510114 Riverhawk Estates Phase 1, Lot 34
117510115 Riverhawk Estates Phase 1, Lot 35
117510116 Riverhawk Estates Phase 1, Lot 36
117510117 Riverhawk Estates Phase 1, Lot 37
117510118 Riverhawk Estates Phase 1, Lot 38
117510119 Riverhawk Estates Phase 1, Lot 39
117510120 Riverhawk Estates Phase 1, Lot 40
117510121 Riverhawk Estates Phase 1, Lot 41
117510122 Riverhawk Estates Phase 1, Lot 42
117510123 Riverhawk Estates Phase 1, Lot 43
117510124 Riverhawk Estates Phase 1, Lot 44
117510125 Riverhawk Estates Phase 1, Lot 45
117510126 Riverhawk Estates Phase 1, Lot 46
117510127 Riverhawk Estates Phase 1, Lot 47
117510128 Riverhawk Estates Phase 1, Lot 48
117510129 Riverhawk Estates Phase 1, Lot 49
117510130 Riverhawk Estates Phase 1, Lot 50
117510131 Riverhawk Estates Phase 1, Lot 51
117510132 Riverhawk Estates Phase 1, Lot 52
117510133 Riverhawk Estates Phase 1, Lot 53
117510134 Riverhawk Estates Phase 1, Lot 54
117510135 Riverhawk Estates Phase 1, Lot 55
117510136 Riverhawk Estates Phase 1, Lot 56
117510137 Riverhawk Estates Phase 1, Lot 57
117510138 Riverhawk Estates Phase 1, Lot 58
117510139 Riverhawk Estates Phase 1, Lot 59
117510140 Riverhawk Estates Phase 1, Lot 60
117510141 Riverhawk Estates Phase 1, Lot 61
117510142 Riverhawk Estates Phase 1, Lot 62
117510143 Riverhawk Estates Phase 1, Lot 63
117510144 Riverhawk Estates Phase 1, Lot 64
117510145 Riverhawk Estates Phase 1, Lot 65
117510146 Riverhawk Estates Phase 1, Lot 66
117510147 Riverhawk Estates Phase 1, Lot 67
117510148 Riverhawk Estates Phase 1, Lot 68
117510149 Riverhawk Estates Phase 1, Lot 69
117510150 Riverhawk Estates Phase 1, Lot 70
117510151 Riverhawk Estates Phase 1, Lot 71
117510152 Riverhawk Estates Phase 1, Lot 72
117510153 Riverhawk Estates Phase 1, Lot 73
Exhibit B - 3
117510154 Riverhawk Estates Phase 1, Lot 74
117510155 Riverhawk Estates Phase 1, Lot 75
117510156 Riverhawk Estates Phase 1, Lot 76
117510157 Riverhawk Estates Phase 1, Lot 77
117510158 Riverhawk Estates Phase 1, Lot 78
117510159 Riverhawk Estates Phase 1, Lot 79
117510160 Riverhawk Estates Phase 1, Lot 80
117510161 Riverhawk Estates Phase 1, Lot 81
117510162 Riverhawk Estates Phase 1, Lot 82
117510163 Riverhawk Estates Phase 1, Lot 83
117510164 Riverhawk Estates Phase 1, Lot 84
117510165 Riverhawk Estates Phase 1, Lot 85
117510166 Riverhawk Estates Phase 1,Tract A
117510167 Riverhawk Estates Phase 1, Tract B
117581010 THAT PORTION OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 9
NORTH, RANGE 29 EAST, WM, FRANKLIN COUNTY,
WASHINGTON, LYING EASTERLY OF THE EASTERLY
RIGHT OF WAY LINE OF THE NORTH ROAD 84 PER THE
RIGHT OF WAY DEED RECORDED UNDER AUDITORS
FILE NUMBER 1869069 AND NORTHERLY OF THE LINE
DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF ABOVE SAID NORTHWEST
QUARTER; THENCE NORTH 89°17'14"EAST ALONG THE
NORTHERLY LINE THEREOF 40.01 FEET TO A POINT ON
THE EASTERLY RIGHT OF WAY LINE OF NORTH ROAD 84
PER THE RIGHT OF WAY DEED RECORDED UNDER
AUDITORS FILE NUMBER 1869069, RECORDS OF
FRANKLIN COUNTY WASHINGTON; THENCE SOUTH
01°10'30"WEST ALONG SAID RIGHT OF WAY LINE 547.60
FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 78°49'30"EAST, 53.52 FEET TO THE BEGINNING OF
A CURVE TO THE RIGHT, THE RADIUS OF WHICH BEARS
SOUTH 11°10'30"WEST, 800.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE 67.66 FEET;
THENCE SOUTH 73°58'44"EAST, 488.23 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF
WHICH BEARS NORTH 16°01'16"EAST, 1500.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 330.06
FEET; THENCE SOUTH 86°35'10"EAST, 119.76 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT, THE RADIUS OF
WHICH BEARS SOUTH 03°24'50"WEST, 1000.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 68.52
FEET; THENCE SOUTH 82°39'37"EAST, 130.61 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT, THE RADIUS OF
Exhibit B - 4
WHICH BEARS SOUTH 07°20'23" WEST, 500.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID SURVEY 50.22
FEET TO THE POINT OF TERMINUS AND EASTERLY
BOUNDARY OF ABOVE SAID NORTHWEST QUARTER.
117582019 THAT PORTION OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 9
NORTH, RANGE 29 EAST, WM, FRANKLIN COUNTY,
WASHINGTON, LYING NORTHERLY OF THE FRANKLIN
COUNTY IRRIGATION DISTRICT CANAL, EASTERLY OF
THE EASTERLY RIGHT OF WAY LINE OF NORTH ROAD 84
PER THE RIGHT OF WAY DEED RECORDED UNDER
AUDITOR FILE NUMBER 1869069 AND SOUTHERLY OF
THE LINE DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF ABOVE SAID NORTHWEST
QUARTER; THENCE NORTH 89°17'14"EAST ALONG THE
NORTHERLY LINE THEREOF, 40.01 FEET TO THE POINT
ON THE EASTERLY RIGHT OF WAY LINE OF NORTH
ROAD 84 PER THE RIGHT OF WAY DEED RECORDED
UNDER AUDITORS; FILE NUMBER 1869069, RECORDS OF
FRANKLIN COUNTY; THENCE SOUTH 01°10'30"WEST
547.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 78°49'30"EAST 52.52 FEET TO THE BEGINNING OF
A CURVE TO THE RIGHT, THE RADIUS OF WHICH BEARS
SOUTH 11°10'30"WAST 800.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE 67.66 FEET;
THENCE SOUTH 73°58'44"EAST, 488.23 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF
WHICH BEARS NORTH 16°01'16" EAST 1500.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 330.06
FEET; THENCE SOUTH 86°35'10"EAST 119.76 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT, THE RADIUS OF
WHICH BEARS SOUTH 03°24'50"WEST 1000.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 68.52
FEET; THENCE SOUTH 82°39'37"EAST, 130.61 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT THE RADIUS OF
WHICH BEARS SOUTH 07°20'23"WEST 500.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 50.22
FEET TO THE POINT OF TERMINUS AND EASTERLY
BOUNDARY OF ABOVE SAID NORTHWEST QUARTER.
Exhibit B - 5
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby
certify as follows:
1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City Council of the City
held at the regular meeting place thereof on August 20, 2018, as that ordinance appears on the
minute book of the City; and the Ordinance will be in full force and effect five days after the
publication of its summary in the City's official newspaper; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the passage of
the Ordinance. w,,
IN WITNESS WHEREOF, I have hereunto set my hand this-011 /day of Ai ___4/ /1,
2018. If
CITY OF PASCO, WASHINGTON
&/ ....ilzid ' 4 Ili
Daniela Erickson, City Clerk