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HomeMy WebLinkAbout4483 Ordinance - Pasco LID 151 FormationCITY OF PASCO, WASHING TON ORDINANCE NO. 4483 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, RELATING TO IMPROVEMENTS FOR A NEW SANITARY SEWER TRUNK LINE AND OTHER SEWER IMPROVEMENTS IN THE CITY'S NORTHWEST (BROADMOOR) AREA (COLLECTIVELY, THE "IMPROVEMENTS"}; ORDERING THE IMPROVEMENTS OF NEW TRUNK SEWER PIPING CONSISTENT WITH CITY COUNCIL RESOLUTION NO. 3932; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 151, 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, PAY ABLE 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. REC.IT ALS AND FINDINGS. 1.1 By Resolution No. 3932 adopted January 6, 2020, the City Council declared its intention to order the improvements of the Northwest Area sanitary sewer trunk, from Harris Road to one-quarter mile north of Burns road, and to create a Local Improvement District to assess the cost and expense of carrying out those improvements against the property specially benefitted thereby. Pursuant to Resolution No. 3932, the public hearing was scheduled for February 3, 2020, at 7:00 P .M. (local time), in the City Council Chambers of the City Hall. The public hearing was conducted to hear all matters relating to the proposed improvements and all comments thereon and objections thereto and for determining the method of payment for the improvement (the "formation hearing"). The hearing was commenced on February 3, 2020 and then continued to March 2, 2020 at 7:00 P.M. (local time), in the City Council Chambers of the City Hall. 1.2 The February 3, 2020 public hearing was continued in order to have the opportunity for City staff to meet with all of the property owners within the LID. City staff scheduled two workshop meetings and sent notice letters inviting property owners to attend. These workshop meetings were held on February 4, 2020 and February 18, 2020 at the City of Pasco Police Department Community Room. 1.3 Based on the information presented and collected from these meetings, the proposed sewer alignment, as represented in attached Exhibit A, and the LID assessment method was agreed upon by the City administration and property owners for recommendation to the City Council. The ORDINANCE-FG:53687688.2 · PAc;r l description of improvements set forth by Resolution No. 3932 is revised as described in this Ordinance. The location of the Improvements is generally described, as follows: beginning at a location in the right-of-way of Harris Road, and the true point thereof to be described as approximately one half-mile distance due-east of the Harris Road intersection with West Court street; thence along a northerly line to Bums Road, at a location in the right-of-way, and the true point thereof to be described as approximately one quarter mile distance due-east of the Burns Road intersection with Dent Road; thence leaving said true point, easterly, along Burns road in the right-of way, to the eastern properties within LID No. 151 . 1.4 The Capital Improvement Program (CIP) Manager caused an estimate to be made of the cost and expense of the proposed improvements and certifici:l 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 prnposed district. The Engineer's estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts, parcels of land, and other prope11y 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 ofland or other property. 1.5 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 heruing and wishing to be heard were heard. 1.6 The City Council determines it to be in the best interests of the City that the Improvement as herein described be carried out and that a local improvement district be created in connection therewith. Section 2. IMPROVEMENTS ORDERED. The City Council of the City of Pasco, Washington (the "City"), orders the improvements to the properties within the area described in Exhibit B, providing new sanitary sewer trunk infrastructure in the City's Northwest Area (collectively, the "improvements"). The Jmprovements shall be in accordance with the plans and specifications therefor prepared by the CIP Manager, and may be modified by the City Council as long as such modification does not affect the purpose of the Improvements. The Improvements are hereby declru·ed to be part of the system and plan of the City's Water/Sewer Utility under Chapter 13.10 of the Pasco Municipal Code. Section 3. LID 151 CREATED. There is hereby created and established a local improvement district to be ca11ed Local Jmprovement District No. 151 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. ORDINANCE· FG:53687688.2-P .... GF: 2 Section 4. IMPROVEMENT COSTS ESTIMATED. The total current estimated cost and expense of the Improvements is declared to be $6,880,000, of which an estimated $5,770,000 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 151 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: upsizing pipe for regional pipe diameters to accommodate the proposed Urban Growth Area (UGA). Section 5. ASSESSMENT METHODS. In accordance with the provts1ons 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. 151, 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-tenn 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-tenn obligations or local improvement district bonds that are expected to be issued for the Improvements in the estimated principal amount of $6,880,000. 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 ORDINANCE -FG: 536~76882 -·PAGE 3 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 sha11 be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall detennine. 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 151 Account, for and on behalf of the District. Section 8. LID FUND CREA TED. 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 151 Accom1t, 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 ro11 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. ORDINANCE-FG:5368 7688.2-PAGf. 4 PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open public meeting thereof, this 2 nd day of March, 2020. Saul Martinez Mayor ATTEST: Debra Barham, CMC City Clerk ORDINANCE-FG:53687688.2-PAGI:: 5 APPROVED AS TO FORM: EXHIBIT A LID No. 151 -Preliminary Alignment for the Northwest Area Trunk Sewer The LID 151 Improvements includes the new design and construction of approximately 12,000 Ji near feet of trunk sewer piping. Below is a figure that shows the preliminary sewer alignment. l.eQend Batckgroundl Layers ::' :1 <'-"Y ot Pase:<, Um&; -: :1 Urban Growth Boundaly CJ LIO Assessment BDU\dary Existing Sanitary Seww -Gravity Sewer Main Prq,osed Sanitary Sewer -Propo.sett Alignrnerit (LID) Propos,e<I comectlon ~ ... Landowner (non-LID ) No. Owner -- 1 Broadmoor f 'Jq)eroes, LLC 2 Rocky Hils.ManaQement. lP 3 Pasi::c1 Sdioot Oistnct No 1 ~ .... --~----------..§ ID 4 3 5 7 C SEGMENT B SEGMENT A 1 w !i w ~ w en 4 Baik!:H" Testame ntuy Trust (49.5 Percent) 5 6 7 8 - 1 inch :1.200 fM n ..., .., ·,;_ Alford Enteqmsas, LLC TSK 2019 LLC Big Sky Developers, LLC Wap.11 lnYaS1mP.nis, LLC Fi gu re 1 Overview Cffy of Pasco HW S•ww ArM AUQnnMnf Exhibit A - 1 ! ......... ~,_.,.__....~ ._ .. i::_,...,,-,.......~ ~ ·----an,~'"' ~~~ .......... _1:111iari11 ....... ,..~ ...... TN..11111111111• .__._ ..... .._.. ......... _ ... ....,_,,_.Dftfrlll~ ,,-,~ ........ -~~ .. ,__.......__~~----~w--~•~ 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. ql{K3 (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 March 2, 2020, 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. IN WITNESS WHEREOF, I have hereunto set my hand this 2 tJl'2 day of /Yhv:ch 2020, CITY OF PASCO, WASHINGTON Debra Barham, CMC, City Clerk