HomeMy WebLinkAbout3656 Ordinance C �
CITY OF PASCO, WASHINGTON
ORDINANCE NO. 3 EQ
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. 141.
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 Octave Street and
Road 48 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. 2789 adopted January 20, 2004, the City Council declared
its intention to initiate the formation of a utility local improvement district to be known and
designated as Utility 1,oeal Improvement District No. 141 of the City for the construction and
installation of the Improvements, and fixed February 17, 2004, 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. 141 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. 141 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
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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 Octave Street and Road 48 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 $634,370, 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 $634,370. 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. 141 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
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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. 141 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 Director is authorized and directed to create and establish in his
office a special fund to be known and designated as "Construction Fund - ULID No. 141" (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. 141 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.
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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 S. 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 Director 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 Director shall immediately post the proposed assessment roll upon his index of
local improvement assessments against the properties affected by the local improvement.
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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 170'day of February, 2004.
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Mayor
ATTEST:
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City Clerk �tJ
APPROVED AS TO FORM.
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City Attorney
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EX MBIT A
ULID NO. 141 -BOUNDARY DESCRIPTION
Legal:
A tract of land within the State of Washington, Franklin County, Section 26, Township 9 North,
Range 29 East, Willamette Meridian, Beginning at the northeastern corner of Short Plat 76-13,
Lot 2, also being on the westerly right-of-way of Road 44 between West Court Street and West
Brown Street;thence westerly along the northerly property line of said Short Plat 76-13, Lots 2,
3, and 4;thence westerly along the northerly property line of Courtney Estates, Block 1, Lots 1,
2, and 3 to the northwesterly corner of said Lot 3;thence southerly along the westerly property
line of said Lot 3 to the northeasterly corner of Stapleman Addition, Block 1, Lot 2;thence
westerly along the northerly property line of Stapleman Addition, Block 1, Lots 2, 3, and 4 to the
northwesterly corner of said Lot 4, also being the northeasterly corner of the lot identified by
Franklin County Parcel Number 119-532-060 as defined on December 4, 2003;thence westerly
along the northerly property line of said parcel a distance of 122' more or less;thence northerly
along the northerly property line of said parcel a distance of 11' more or less;thence westerly
along the northerly property line of the said parcel a distance of 179' more or less to the
northwesterly corner of said parcel; thence westerly across Road 48 along the projection of the
northerly property fine of said parcel a distance of 60' to the westerly right-of-way line of Road
48; thence northerly along the westerly right-of-way line of Road 48, also being a portion of the
easterly property line of Short Plat 80-3, Lot 1, to the northeasterly corner of said Lot 1, also
being the southerly right-of-way line of West Court Street; thence westerly along the northerly
property line of said Lot 1, to the northwesterly corner of said Lot 1;thence southerly along the
westerly property line of said Lot I to the southwesterly corner of said Lot 1, also being the
northerly right-of-way line of West Marie Street;thence easterly along the southerly property
line of Short Plat 80-3, Lots 1 and 2, to the southeasterly corner of said Lot 2; thence southerly
across West Marie Street a distance of 60' along the westerly right-of-way line of Road 48 to the
northeasterly corner of Short Plat 2000-12, Lot 1;thence westerly along the northerly property
line of said Lot 1 to the northwesterly corner;thence southerly along the westerly property line,
also being the easterly property line of Short Plat 2000-12, Lot 2, to the southeasterly corner;
thence westerly along the southerly property line of said Lot 2, to the southwesterly corner of
said Lot 2;thence westerly along the extension of the southerly property line of said Lot 2 a
distance of 30' to a point being on the westerly line of the southeast quarter of the northwest
quarter of the northwest quarter of Section 26, Township 9 North, Range 29 East, Willamette
Meridian;thence southerly along the western boundary of the said line to a point where the
westerly project of the southern property line of Weige's Addition, Block 1, Lot 12 intersects the
said line; thence easterly along the westerly projection of the southern property line of Weige's
Addition, Block 1, Lot 12; thnce easterly across Weige's Addition, Block 1, Lots 12, 11, 10, 9, 8,
and 7, to the southeastern corner of said Lot 7;thence easterly across Road 48 to the
southwestern corner of Weige's Addition, Block 2, Lot 6;thence easterly across Weige's
Addition, Block 2, Lots 6, 5 and 4 and Paul's Addition, Block 1, Lots 6, 5 and 4;thence easterly
across Road 46 to the southwest corner of Burrough's Addition, Block 1, Lot 12;thence easterly
along to southerly property line of Burrough's Addition, Block 1, Lot 12, 11, 10, 9, 8 and 7 to
the southeast corner of said Lot 7, also being the westerly right-of-way line of Road 44;thence
northerly along the eastern property line of said Lot 7;thence northerly across West Octave
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Street a distance of 60' to the southeasterly corner of Burrough's Addition, Block 2, Lot 6;
thence northerly along the easterly property line of Burrough's Addition, Block 2, Lots 6 and 7
to the northeasterly corner of said I,ot 7; thence northerly across West Marie Street a distance of
60' to the southeasterly corner of Conn Addition, Lot 3; thence northerly along the eastern
property line of Conn Addition, Lots 3 and 4, to the northeasterly corner of said Lot 4; thence
northerly across West Brown Street along the westerly right-of-way line of Road 44 to the
southeasterly corner of Short Plat 76-13, Lot 2;thence northerly along the easterly property tine
of said Lot 2,also being the westerly right-of-way line of Road 44, to the northeasterly corner of
Short Plat 76-13, Lot 2, also being the Point of Beginning.
General Description:
Project to be in Street: From: To:
W. Octave Street Road 44 Road 50
W. Marie Street Road 44 Road 48
W. Marie Street Road 44 Road 48
W Brown Street Road 44 330' west of Road 46
Road 46 165' S. of W. Octave St W. Brown Street
Road 48 165' S. of W. Octave St 208' S. of Court St.
Road 50 165' S. of W. Octave St. W. Octave St.
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