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
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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
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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.
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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.
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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
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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.
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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,
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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.
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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 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
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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
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FRANKLIN COUNTY WASE3NGTON -=as v.
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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
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