HomeMy WebLinkAbout3712 Ordinance CITY OF PASCO, WASHINGTON
ORDINANCE NO. 7 Z
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. 142.
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 Wernett Road,
West Jay Street, West Ella Street, West Leola Street, West Pearl Street and Roads 38, 39 and 04
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. 2864 adopted January 18, 2005, 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. 142 of the City for the construction and
installation of the Improvements, and fixed February 22, 2005, 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. 142 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. 142 and certified that
estimate to the City Council,together with all papers and information in his possession touching the
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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 Wemett Road, West Jay Street, West Ella Street,
West Leola Street, West Pearl Street and Roads 38, 39 and 40 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$769,700.00, 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$769,700.00. 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. 142 herein created to support the payment of the bonds herein authorized
to be issued and any parity bonds hereafter issued.
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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. 142 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. 142" (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. 142 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 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 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 thq Mayor of Pasco, Washington, at a
regular open public meeting thereof this 22nd day of February, 005.
ayor
ATTEST:
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City Clerk
APPROVED AS TO FORM:
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City ttorney
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EXHIBIT A
ULID NO. 142—BOUNDARY DESCRIPTION
Legal:
A tract of land within state of Washington, Franklin County, Section 23, Township 9 North,
Range 29 East, Willamette Meridian, beginning at the southeast corner of lot 1 of Short Plat 81-
11, said point being the intersection of the north right of way line of West Wernett Road and the
west right of way line of Road 36 and the True Point of Beginning; thence north along the west
right of way line of Road 36 to the northeast corner of lot 1 of Short Plat 81-11; thence westerly
along the north boundary line of lots 1, 2, 3 and 4 of Short Plat 81-11 to the northwest corner of
lot 4 of Short Plat 81-11; thence westerly along the northern boundary line to a point at the
northwest corner of the west 138' of the south half of the southeast quarter of the southeast
quarter of the northeast quarter of section 23, township 9 north and range 29 east(Parcel # 119-
041-073);thence southerly along the westerly boundary line of the West 138' of the south half of
the southeast quarter of the southeast quarter of the northeast quarter of the section 23, township
9 north and range 29 east (Parcel# 119-041-073)to a distance of approximately 27.9 feet and the
east right of way line of Road 38; thence westerly along the north right of way line of Road 38 to
a point on the west right of way line of road 38 and the northeast corner of the south 300' of the
southwest quarter of the southeast quarter of the northeast quarter of section 23 township 9 north
and range 29 east, exc. the west 412' thereof and exc. the east 30' and the south 30' for roads
(Parcel # 119-042-107) ; thence continuing west along said line to a point at the northwest
corner of the south 300' of the west 300' of the southwest quarter of the southwest quarter of the
southeast quarter of the northeast quarter of section 23, township 9 north and range 29 east
(Parcel # 119-042-125) ; thence south along the westerly boundary line to a point at the
southwest corner of the south 300' of the west 300' of the southwest quarter of the southwest
quarter of the south east quarter of the northeast quarter of section 23, township 9 north and
range 29 east (Parcel # 119-042-125); thence east along the north right of way line of West
Wernett Road to a point of intersection with the projected east right of way line of Road 40;
thence south along said projected line to the intersection of the south right of way line of West
Wernett Road and the east right of way line of Road 40; thence continuing south along the east
right of way line of Road 40 to a point of intersection with the projected northerly boundary line
of the north 100' of the south 327' of the east 206' of the south east quarter of the northwest
quarter of the southeast quarter of section 23, township 9 north and range 29 east (Parcel #119-
141-143); thence westerly to a point at the north west corner of the north 100' of the south 327'
of the east 206' of the southeast quarter of the northwest quarter of the southeast quarter of
section 23,township 9 north and range 29 east(Parcel#119-141-143); thence southerly along the
west boundary line to a point at the southwest corner of the north 100' of the south 327' of the
east 206' of the south east quarter of the northwest quarter of the southeast quarter of section 23,
township 9 north and range 29 east (Parcel #119-141-143) ; thence easterly along the south
boundary of the north 100' of the south 327' of the cast 206' of the southeast quarter of the
northwest quarter of the southeast quarter of section 23, township 9 north and range 29 east
(Parcel #119-141-143) to a point of intersection with the westerly right of way line of Road 40;
thence south to the north right of way line of West Pearl Street, said point being the intersection
of the west right of way line of Road 40 and the north right of way line of West Pearl Street;
thence south to a point being the west right of way line of Road 40 and the south right of way
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line of West Pearl Street; thence east along the south right of way line of West Pearl Street to a
point of intersection with the south right of way line of West Pearl Street and the projected
centerline of Road 38; thence north along said projected centerline of Road 38 to the south right
of way line of West Pearl Street; thence east along the south right of way line of West Pearl
Street to the west right of way line of Road 36; thence north along the west right of way line of
Road 36 to the projected north right of way line of West Pearl Street; thence west along the
projected north right of way line of West Pearl Street to the southwest corner of Lot 7, Block 4,
Sun Acres West Addition; thence north along the west line of Lot 7 to the northwest corner of
Lot 7, Block 4, Sun Acres West Addition; thence east along the north line of Lot 7 to the west
right of way line of Road 36; thence north along the west right of way line of Road 36 to the
intersection of the west right of way line of Road 36 and the projected north right of way of
West Leola Street; thence west along the projected north right of way line of West Leola Street
to the southwest corner of Lot 7, Block 3, Sun Acres West Addition; thence north along the west
boundary line of Lot 7, Block 3, Sun Acres West Addition to the northwest corner of said lot;
thence east along the north line of Lot 7 to the west right of way line of Road 36 and the
northeast corner of said Lot 7; thence north along the west right of way line of Road 36 to the
intersection of the west right of way line of Road 36 and the projected north right of way line of
West Ella Street; thence west on the projected north right of way line of West Ella Street to the
southwest corner of Lot 7, Block 2, Sun Acres West Addition; thence north along the west line
of Lot 2, Block 2, Sun Acres West Addition to the northwest corner of said Lot 7; thence east
along the north line of Lot 7, Block 2, Sun Acres West Addition to the west right of way line of
Road 36 and the northeast corner of said Lot 7; thence north along the west right of way line of
Road 36 to a point of intersection with the projected south right of way line of West Wernett
Road;thence continuing north along the projected west right of way line of Road 36 to a point on
the north right of way of West Wernett Road; thence east along the north right of way line of
West Wernett Road to a point being the intersection of the north right of way line of West
Wernett Road and the west right of way line of Road 36 and the southeast corner of Lot 1, Short
Plat 81-11, also being the True 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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CERTIFICATION
1, the undersigned, City Clerk of the City of Pasco, Washington(the "City"), hereby
certify as follows:
1. The attached copy of Ordinance No.3 7/ (the "Ordinance") is a full, true and correct
copy of the Ordinance duly passed at a regular meeting of the City Council of the City held at the
regular meeting place thereof on February 22, 2005, as that Ordinance appears on the minute
book of the City; 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 adoption of the
Ordinance. ��_
IN WITNESS WHEREOF, I have hereunto set my hand this .234ay of February, 2005.
Webster U. Jacks4 City Clerk
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