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HomeMy WebLinkAbout3794 Ordinance CITY OF PASCO,WASHINGTON ORDINANCE NO. 3-M 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. 143. 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 System or Plan provides in part for the expansion and extension and improvement of the sewer collection system of the City West of Road 100, as 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. 2979, adopted September 5, 2006, 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. 143 (sometimes "the District") of the City for the construction and installation of the Improvements West of Road 100, and fixed October 2, 2006, 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. 143 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. 143 and certified that 50732364.1 -1- 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, to include two noncontiguous areas as shown on Exhibit B attached;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows: Section 1. The total estimated cost and expense of the Improvements is declared to be, as nearly as may be, the amount of$1,530,000. No more that $1,360,000 of that cost and expense shall be borne by and assessed against the property included within proposed ULID No. 143, which district embraces as nearly as practicable all property specially benefited by such Improvements. The balance of the estimated cost and expense of the Improvements shall be borne by the City as provided in Resolution No. 2961, passed June 5, 2006. Approximately $1,360,000 of such estimated cost 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 $1,360,000. 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 prepayment 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 50732364.1 -2- Improvement District No. 143 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. 143 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. 143" (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 and such other money as may be available for that purposes. 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, or authorize interfund loans. 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. 50732364.1 -3- Section 5. To carry out the Improvements, there is created and established Utility Local Improvement District No. 143 of the City of Pasco, Washington (the "District"), the boundaries or territorial extent of which District are more particularly described in Exhibit B attached hereto. Section 6. The assessments in Utility Improvement District No. 143 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, and RCW 35.44.040. 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. 50732364.1 -4- EXHIBIT A Sewer ULID No. 143 West of Road 100 In—From—To Description of the Western Area In Street From To Road 109 Court St View Ln Road 110 Court St View Ln View Ln Road 108 100-ft East of Road 111 Shady Ln Road 108 100-ft East of Road 111 In—From—To Descri tion of the Eastern Area In Street From To Road 101 Court St Willow Way Road 103 Court St Maple Dr Road 104 Willow Way 400-ft northeasterly of Maple Dr Lindemein Ct Argent Rd 215-ft southerly of Argent Rd Kathemein Ct Argent Rd 220-ft northeasterly of Argent Rd Judemein Ct Argent Rd 245-ft northeasterly of Argent Rd Locust Ln Road 100 Road 101 Argent Rd Road 100 270-ft northwesterly of Judemein Ct Willow Way Road 100 Road 104 Maple Dr Road 100 Road 104 50732364.1 EXHIBIT B Sewer ULID No. 143 West of Road 100 Legal description of the western area boundary: Commencing at the northeastern corner of the intersection of Court Street and Road 109; being in the northeast quarter of the southwest quarter of Section 18, Township 9 North, Range 29 East, W.M. in Franklin County, Pasco, Washington; the western area boundary being entirely in the Columbia View Subdivision; also being the western corner of Lot 52; also being the True Point of Beginning; thence northeasterly along the northwestern line of said Lot 52, to the northern corner of Lot 52, also being the western corner of Lot 48; thence southeasterly along the southwestern line of Lot 48, to the southern corner of Lot 48; thence northeasterly along the eastern line of Lots 48, 47 and 46, to the eastern corner of Lot 46; thence northwesterly along the northeastern line of Lot 46, to the northern corner of Lot 46, also being the western corner of Lot 45; thence northeasterly along the northwestern line of Lot 45, to the northern corner of Lot 45; thence southeasterly along the northeastern line of Lot 45, to the northeastern corner of Lot 45, also being on the westerly right-of-way line of Road 108; thence northerly along the western right-of-way line of Road 108, crossing View Lane and continuing along the eastern line of Lots 16 and 15, and continuing northerly crossing Shady Lane and the eastern line of Lot 9, to the northeastern corner of Lot 9; thence northwesterly along the northeastern line of Lots 9, 8, 7 and 6, to the northern corner of Lot 6; thence southwesterly along the northwestern line of Lot 6, continuing across Shady Lane and then along the northwestern line of Lots 11 and 21, continuing the same line across View Lane to a point on the southern right-of-way line of View Lane, also being a point on the northeastern line of Lot 23; thence southeasterly along the northeastern line of Lot 23, to the eastern corner of Lot 23, also being the northern corner of Lot 33; thence southwesterly along the northwestern line of Lots 33, 32, 31 and 30, to the western corner of Lot 30; thence southeasterly along the southeastern line of Lot 30, to the southern corner of Lot 30, also being the eastern corner of Lot 29; thence southwesterly along the southeastern line of Lot 29, to the southern corner of Lot 29, also being on the northeastern right-of-way line of Court Street; thence southeasterly along the northeastern right-of-way line of Court Street crossing Road 110 to the western corner of Lot 38; thence northeasterly along the northwestern line of Lot 38, to the northern corner of Lot 38, also being the western corner of Lot 37; thence southeasterly along the southwestern line of Lots 37 and 41, to the southern corner of Lot 41, also being the eastern corner of Lot 40; thence southwesterly along the southeastern line of Lot 40, to the southern corner of Lot 40, also being on the northeastern right-of-way line of Court Street; thence southeasterly along the northeastern right-of-way line of Court Street crossing Road 109 to the western corner of Lot 52, also being the True Point of Beginning. 50732364.1 Exhibit B (Con't.) Sewer ULID No. 143 West of Road 100 Legal description of the eastern area boundary: Commencing at the intersection of Court Street and Road 103 (the right-of-way of Court Street is 30-feet to the southwest of centerline and 40-feet to the northeast of centerline); thence northeasterly along the centerline of Road 103 a distance of 40-feet to the northeastern right-of- way line of Court Street; thence northwesterly along the northeastern right-of-way line of Court Street a distance of 132.01-feet (plus of minus) to the western corner of Lot 57, Wilson's Addition; the western area boundary being in the east half of Section 18, Township 9 North, Range 29 East, and the northeast quarter of the northeast quarter of Section 19, Township 9 North, Range 29 East, W.M. in Franklin County, Pasco, Washington; also being the True Point of Beginning; Thence southeasterly along the northeastern right-of-way line of Court Street; also being the southwestern line of said Lot 57, Wilson's Addition; continuing along the projection of said line across Road 103 and the southwestern line of Lot 56, Wilson's Addition, to the southern corner of Lot 56, Wilson's Addition; thence northeasterly along the southeastern line of Lot 56, Wilson's Addition, to the eastern corner of Lot 56, also being the southern corner of Lot 25, also being the western comer of Lot 26, all of Wilson's Addition; thence southeasterly along the southwestern line of Lots 26, 27, 28, 29, 30, 31, 32, 34 and 35, said Wilson's Addition, to the southern corner of Lot 35, Wilson's Addition, also being along the northwestern line of Lot 43, Wilson's Addition;thence southwesterly along the northwestern line of Lots 43 and 44, Wilson's Addition, to the western corner of Lot 44, Wilson's Addition; also being the northeasterly right- of-way line of Court Street; thence southeasterly along the southwestern line of Lot 44, Wilson's Addition, and along the projection of said line across Road 101, and along the southwestern line of Block 1, Lot 8, Peppermint Terrace First Addition, to the southern corner of Block 1, Lot 8, Peppermint Terrace First Addition; thence northeasterly along the southeastern line of Block 1, Lot 8, Peppermint Terrace First Addition, to the eastern corner of Block 1, Lot 8, Peppermint Terrace First Addition; also being the southern corner of Block 1, Lot 9, Peppermint Terrace First Addition; also being the western corner of Block 1, Lot 10, Peppermint Terrace First Addition; thence southeasterly along the southwestern line of Block 1, Lots 10, 11,12, 13, 14, 15 and 16, Peppermint Terrace First Addition, to the southern corner of Block 1, Lot 16, Peppermint Terrace First Addition; also being the western right-of-way line of Road 100; thence northerly along the eastern line of Block 1, Lot 16, Peppermint Terrace First Addition, and along the projection of said line across Locust Lane, and along the eastern line of Block 2, Lots 1 and 11, Peppermint Terrace First Addition, and along the projection of said line across Argent Road, and along the eastern line of Block 3, Lots 1 and 5, Peppermint Terrace First Addition, and along the projection of said line across Willow Way, and along the eastern line of Block 4, Lot 1, Peppermint Terrace First Addition, and along the eastern line of Lots 1 and 2, Peppermint Terrace Second Addition, and the eastern line of that portion of Lot 21, Peppermint Terrace Second Addition, lying easterly of the extension of the western line of Lot 2, Peppermint Terrace Second Addition; also being the western right-of-way line of Road 100; thence southwesterly, 50732364.1 leaving the right-of-way of Road 100, along the southwestern line of that portion of Lot 21, Peppermint Terrace Second Addition, lying easterly of the extension of the western line of Lot 2, Peppermint Terrace Second Addition, to the northern corner of Lot 2, Peppermint Terrace Second Addition; also being the eastern corner of Lot 3, Peppermint Terrace Second Addition; thence northwesterly along the northeastern line of Lots 3, 4 and 5, Peppermint Terrace Second Addition, to the northern corner of Lot 5, Peppermint Terrace Second Addition; also being the eastern corner of Lot 6, Peppermint Terrace Second Addition, and the southern corner of Lot 19, Peppermint Terrace Second Addition; thence northeasterly along the southeastern line of Lot 19, Peppermint Terrace Second Addition, to the southeastern corner of Lot 19, Peppermint Terrace Second Addition; also being the western right-of-way of Road 100; thence northerly along the eastern line of Lot 19, Peppermint Terrace Second Addition, and along the projection of said line across Maple Drive and the eastern line of Lots 21 and 20, Peppermint Terrace Third Addition, to the northeastern corner of Lot 20, Peppermint Terrace Third Addition; thence northeasterly along the northeastern line of Lots 20, 19, 18, 17, 16, 15, 14, 13, 12 and 11, Peppermint Terrace Third Addition, to the northern corner of Lot 11, Peppermint Terrace Third Addition; thence along the projection of said line a distance of 60-feet to a point on the northwestern right-of-way line of Road 104; also being a point on the southeastern line of the Wilson Meadows Subdivision; thence southwesterly along the northwestern right-of-way line of Road 104, and along the projection of said line across Maple Drive and further crossing Willow Way to the northern corner of Lot 1, Wilson's Addition; thence southwesterly along the northwestern line of Lot 1, Wilson's Addition, to the western corner of Lot 1, Wilson's Addition; thence southeasterly along the southwestern line of Lot 1, Wilson's Addition,to the point of intersection with the northern corner of Lot 15, Wilson's Addition; thence southwesterly along the northwestern line of Lots 15 and 16, Wilson's Addition; thence northwesterly along the projection of the southwestern line of Lot 16, Wilson's Addition, to a point being the projection of the northwestern line of Lot 18, Wilson's Addition, across Argent Road; thence southwesterly along said projected line across Argent Road, and the northwestern line of Lot 18, Wilson's Addition, to the western corner of Lot 18, Wilson's Addition; thence southeasterly along the southwestern line of Lots 18, 19, 20, 21, 22 and 23, Wilson's Addition,to the southern corner of Lot 23, Wilson's Addition; also being the western corner of Lot 24, Wilson's Addition, and the northern corner of Lot 57, Wilson's Addition; thence southwesterly along the northwestern line of Lot 57, Wilson's Addition, to the western corner of Lot 57, Wilson's Addition; also being the True Point of Beginning. 50732364.1 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 2"d day of October, 2006. _C-t- QACantz Joyc is Mayor A EST: ebbie Clark, City Jerk APPROVED AS TO FORM: Leland Kerr, City Attorney 50?32364.1 -5- T >\ x 41 .4 40 4 % �J 1W V 4m a 4V, Ir .4 ML MB d6 ir & 4b -Ar !2r- A ............................................... PROJECT NAME: PROJECT NO.: Sewer ULID No. 143 - W. of Road 100 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION DESIGN: ME CITY OF -PASCO SHM; I OF I DRAWN: D114 SCALE:Nut To Scale CH3CX- DIE DATIC! a/9/OE FRANKLIN COUNTY WASE3NGTON -=as v. APFR, VLH CADY= I-Le. CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance NoJ(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 October 2, 2006, 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 2nd October, 2006. Dgb­bi`e ar , City Clerk 50732364.1