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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. -1- 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). -2- 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 -3- 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. -4- Matt Watkins,Mayor ATTEST: , �. / _ LLQ ei 672 Daniela Erickson, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney -5- 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