HomeMy WebLinkAbout3434 Ordinance ORDINANCE NO. 3434
AN ORDINANCE relating to the waterworks utility of the City,
including the sanitary sewerage system and the system of storm or
surface water sewers as a part thereof; authorizing water and sewer
revenue bonds and interim financing to pay the cost of carrying out
a portion of the system or plan of additions to and betterments and
extensions of the waterworks utility; and creating Utility Local
Improvement District No. 140.
WHEREAS, the City of Pasco, Washington (the "City"), by Ordinance No.
531, passed March 7, 1944, provided that the system of sewerage of the City,
including all additions, extensions and betterments thereto, should be operated
as a part of and as belonging to the waterworks utility of the City pursuant to the
provisions of Chapter 193 of the Laws of 1941 of the State of Washington (RCW
35.67.320 et seq.) (the "Waterworks Utility"); and
WHEREAS, by Ordinance No. 3104, passed on August 21, 1995, the City
Council adopted the City of Pasco Comprehensive Plan 1995-2015, including as
a part thereof the City of Pasco Comprehensive Sewer Plan, November 1992 (the
"Comprehensive Sewer Plan"); and
WHEREAS, by Ordinance No. 3239, passed on June 16, 1997, the City
Council specified and adopted the Comprehensive Sewer Plan as the system or
plan relating to sewers for the Waterworks Utility (the "System or Plan") and
declared the estimated cost of the System or Plan to be $79,125,000; and
WHEREAS, the Comprehensive Sewer Plan provides in part for the
expansion and extension and improvement of the sewer collection system of the
City on West Pearl Street between Road 40 and Road 42 as legally described in
Exhibit A hereto by the construction of sanitary sewer lines, sewer stubs, a street
overlay and all other work necessary for or incidental to the provision of sewer
service to those areas (the "Improvements"); and
WHEREAS, by Resolution No. 2548 adopted September 5, 2000, the City
Council declared its intention to initiate the formation of a utility local
improvement district to be known and designated as Utility Local Improvement
District No. 140 of the City for the construction and installation of the
Improvements, and fixed October 2, 2000, at 7:00 p.m., local time, in the Council
Chambers of the City Hall as the time and place for hearing all matters relating to
the Improvements applicable to Utility Local Improvement District No. 140 and
for hearing all objections thereto and for determining the method of payment for
the Improvements; and
WHEREAS, the City Engineer caused an estimate to be made of the cost
and expense of the proposed Improvements applicable to Utility Local
Improvement District No. 140 and certified that estimate to the City Council,
together with all papers and information in his possession touching the proposed
Improvements, a description of the boundaries of the utility local improvement
district and a statement of what portion of the cost and expense of the
Improvements should be borne by the property within the proposed district; and
WHEREAS, that estimate is accompanied by a diagram of the proposed
improvements showing thereon the lots, tracts, parcels of land, and other
property which will be specially benefited by the proposed Improvements 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 Improvements 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 Improvements as hereinafter described be carried out and that a
utility 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 estimated cost of the expansion and extension and
improvement of the sewer collection system of the City on West Pearl Street
between Road 40 and Road 42 as legally described in Exhibit A hereto by the
construction of sanitary sewer lines, sewer stubs, a street overlay and all other
work necessary for or incidental to the provision of sewer service to those areas
(the "Improvements") is declared to be, as nearly as may be, the amount of
$75,000, and such estimated costs shall be met and defrayed from the proceeds
received from the issuance and sale of water and sewer revenue bonds of the City
in the total amount of approximately $75,000. Such water and sewer revenue
bonds shall be supported by assessments to be levied and assessed against
properties specially benefited by the improvements to be included in one or more
utility local improvement districts authorized to be created pursuant to the
provisions of RCW 35.43.042.
Section 2. The City shall issue one or more series of water and sewer
revenue bonds at such times as the City Council shall deem advisable. Such
revenue bonds shall bear such designation as the City Council hereafter shall
determine, shall be issued in such series; shall be in such form; shall bear such
date or dates and interest rate or rates; shall be payable at such place or places;
shall mature at such time or times; shall have such option or options of paying
prior to maturity; shall guarantee such coverage and collection of rates; shall
provide for such additional funds and accounts; and shall contain and be subject
to such provisions or covenants as hereafter shall be provided by ordinance. The
bonds shall be sold in such manner as the City Council shall deem to be in the
best interest of the City. The bonds shall be payable from the gross revenues of
the Waterworks Utility and from the receipt of payments of assessments levied in
Utility Local Improvement District No. 140 herein created to support the payment
of the bonds herein authorized to be issued and any parity bonds hereafter
issued.
Section 3. In the judgment of the City Council, the gross revenues and
benefits to be derived from the operation and maintenance of the Waterworks
Utility and the Improvements herein provided, at the rates to be charged for
utility services furnished, will be more than sufficient to meet all expenses of
operation and maintenance thereof, debt service on outstanding Waterworks
Utility obligations and to permit the setting aside into a special fund, out of the
gross revenues of the Waterworks Utility in addition to the special assessments to
be levied and collected in Utility Local Improvement District No. 140 herein
created to support the payment of the bonds herein authorized to be issued, of
sufficient amounts to pay the principal of and interest on those bonds.
Section 4. The Finance Manager is authorized and directed to create and
establish in his office a special fund to be known and designated as
"Construction Fund - ULID No. 140" (the "Construction Fund") for the sole
purpose of paying the cost of carrying out the Improvements and of paying the
costs and expenses connected therewith and into which fund shall be deposited
the proceeds received from the issuance and sale of the bonds herein authorized
to be issued. The City, through its proper officers and agents, shall proceed with
the making of those Improvements and the calling of bids therefor in the manner
provided by law. Pending the sale of the bonds herein authorized to be issued,
the City may issue interest-bearing warrants drawn upon the Construction Fund
to pay duly authorized and proper costs incurred in carrying out such
Improvements, those warrants to bear such interest as may be agreed upon
between the City and any bank or investment banking firm agreeing to make a
market for such warrants and such warrants to be paid out of the proceeds
received from the sale of the bonds herein authorized to be issued and from any
other money available to the City in cash to finance the Improvements. In the
alternative, the City hereafter may provide by ordinance for the issuance of other
short-term obligations pursuant to chapter 39.50 RCW.
The City Council declares that to the extent, if any, the City prior to the
date bonds or other short-term obligations are issued to finance the
Improvements shall make capital expenditures for the Improvements from
funds that are not (and are not reasonably expected to be) reserved, allocated
on a long-term basis, or otherwise set aside by the City under its existing and
reasonably foreseeable budgetary and financial circumstances to finance the
Improvements, those capital expenditures are intended to be reimbursed out of
proceeds of the bonds or other short-term obligations issued in an amount not
to exceed the principal amount provided by this ordinance.
Money in the Construction Fund shall be invested until needed in any
investments permitted to the City by law, but in no event shall any investment be
made in any obligation maturing later than one year after the investment therein
or later than such money is needed for the purpose of the Construction Fund,
whichever is the lesser time, nor shall any investments exceed the applicable
yield limitations imposed by Section 148 of the Internal Revenue Code of 1986,
as amended, and applicable regulations thereunder relating to arbitrage. Income
from such investments shall be deposited in the Construction Fund.
Section 5. To carry out the Improvements there is created and established
Utility Local Improvement District No. 140 of the City of Pasco, Washington (the
"District"), the boundaries or territorial extent of which District are more
particularly described in Exhibit A attached hereto.
Section 6. Unless otherwise provided by future ordinances, the entire cost
and expense of the Improvements shall be borne by and assessed against the
property specially benefited by such Improvements included in the District
embracing as nearly as practicable all property specially benefited by such
Improvements. The assessments in the District shall be for the sole purpose of
payment into the Water and Sewer Revenue and Refunding Bond Redemption
Fund, 1991, if water and sewer revenue bonds authorized herein are issued on a
parity of lien with the outstanding bonds payable from such fund or into a
special bond redemption fund hereafter created for the payment of water and
sewer revenue bonds to be issued by the City to provide the funds required to pay
the cost and expense of carrying out the Improvements.
Section 7. 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 method provided by RCW 35.44.030, RCW 35.44.040 and
RCW 35.44.045. It is the City's intention to compute assessments based on a
single sewer service to each property included within the boundaries of the
District. If a property included within the District shall require additional service,
that property shall be required to pay prior to any additional connection a charge
in lieu of assessment which shall be at least the equivalent of the assessment
which would have been applied to that property if that property had required the
additional service at the time of confirmation of the final assessment roll for the
District.
Section 8. No property, any portion of which is outside the District, may
connect to those Improvements constructed or made a part of the 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 9. Within 15 days of the passage of this ordinance there shall be
filed with the Finance Manager of the City 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 Improvements to be borne by each
lot, tract or parcel of land. The Finance Manager shall immediately post the
proposed assessment roll upon his index of local improvement assessments
against the properties affected by the local improvement.
Section 10. This ordinance shall take effect and be in force from and after
its passage and five days following its publication as required by law.
PASSED by the City Council and APPROVED by the Mayor of Pasco,
Washington, at a regular open public meeting thereof, this 2nd day of October,
2000.
Michael L. G son, Mayor
ATTEST: APP D AS TO FORM:
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
EXHIBIT A
ULID NO. 140 - BOUNDARY DESCRIPTION
Legal:
Beginning at a point on the western right-of-way line of Road 40, said point
being the northeast corner of Lot 1, Plat of Palmer Addition; thence southerly
along the east lot line of said Lot 1 to the southeast corner of said lot 1; thence
westerly along the southern line of Lots 1,2,3,4,5, and 6, Plat of Palmer
Addition to the intersection with the east right of way line of Road 42; thence
northerly along the western lot line of Lot 6 and the extension of the west lot
line of Lot 6, Plat of Palmer Addition to the northerly right of way line of Pearl
Street; thence westerly along the north right of way line of Pearl Street to the
southwest corner of Lot 2, Short Plat No. 87-05; thence northerly along said
Lot 2 to the northwest corner of said Lot 2; thence easterly along the northern
lot line of Lot 2, 3, and 4 of Short Plat No. 87-05 to the northeast corner of said
Lot 4; thence southerly 104.95 feet along the easterly lot line of said Lot 4;
thence easterly parallel to and 104.95 feet south of the north lot line of said
Lot 4 to the westerly right of way line of Road 40; thence southerly along the
western right of way line of Road 40 to the point of beginning.
General Location: West Pearl Street between Road 40 and Road 42.
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