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HomeMy WebLinkAbout3814 Ordinance CITY OF PASCO, WASHINGTON ORDINANCE NO. 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, amending Section 1, and Exhibits A and B, of Ordinance No. 3794, which created Utility Local Improvement District No. 143 in order to delete properties not benefited by the improvements, and otherwise ratifying and confirming that ordinance. WHEREAS, following a public hearing, held after due notice in the manner provided by law, the City Council, by Ordinance No. 3794, adopted October 2, 2006, created Utility Local Improvement District No. 143 (the "ULID"); and WHEREAS, a strong majority of property owners in the vicinity of Maple Drive within the ULID have protested formation of the ULID and wish to be excluded; and WHEREAS, the City Council is of the opinion that the scope of the proposed improvements and the boundaries of the ULID should be reduced to eliminate the territory subject to the heavy protest in the vicinity of Maple Drive;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows: Section 1. The City Council, being fully informed and advised, orders the deletion of the following properties from the territory of the ULID, and the elimination of the proposed improvements that would have served and benefited such properties. Peppermint Terrace Third Addition, Block 1, Lots 8-10 Peppermint Terrace Third Addition, Block 2, Lots 14-21 Peppermint Terrace Third Addition, Lots 13-19 The City Council finds and declares that the deleted properties will not benefit from the improvements in the ULID and that the total cost and assessment estimates for the ULID, and the descriptions of the ULID improvements and boundaries set forth in Ordinance No. 3794 should be revised accordingly. Section 2. Section 1 of Ordinance No. 3794 regarding total costs and assessments in the ULID should be and is amended to read 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 $1,368,000.00. No more that $1,216,000.00 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 $1,216,000.00 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 $1,216,000.00. 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 3. Exhibit A of Ordinance No. 3794 regarding the scope of improvements in the ULID should be and is amended to conform to the form and content of Exhibit A of this ordinance. Section 4. Exhibit B of Ordinance No. 3794 regarding boundaries and territorial extent of the ULID should be and is amended to conform to the form and content of Exhibit B of this ordinance. Section 5. All other terms and conditions of Ordinance No. 3794, not inconsistent with the provisions of this ordinance, are ratified and confirmed in all respects. Section 6. Proper City officials are authorized and directed to do all things reasonable and necessary to carry out the purposes of this ordinance. Section 7. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. 50750348.1 -2- PASSED by the City Council and APPROVED by the Mayor of Pasco, Washington, at a regular open public meeting thereof this 18`h day of December, 2006. &4u 01'1-4'� Joy M ayor ATTEST: LOOO Lo Debra L. Clark, City C OF APPROVED AS TO FORM: Leland Kerr, City Attorney 50750848.1 -3- CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. all (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 December 18, 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 18'h day of December, 2006. Debra L. Clark, City Cler 50750848.1 Exhibit A Sewer ULID No. 143 West of Road 100, Boundary Change 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 11 l 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 104 355-ft southeasterly of Road 104 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. Exhibit B (Continued) 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 corner 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, 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, 5, 6, 7, 8, 9, 10, 11, and 12, Peppermint Terrace Second Addition, to the northern corner of Lot 12, Peppermint Terrace Second Addition; thence continuing northwesterly along the projection of northeasterly line of Lot 12, Peppermint Terrace Second Addition to the eastern corner of Block 1, Lot 1, Peppermint Terrace Third Addition; thence northwesterly along the northeasterly line of Block 1, Lots 1, 2, and 3, Peppermint Terrace Third Addition to the northern corner of Block 1, Lot 3, Peppermint Terrace Third Addition, also being the westerly corner of Block 1, Lot 8, Peppermint Terrace Third Addition; thence northeasterly along the northwesterly line of Block 1, Lot 8, Peppermint Terrace Third Addition, to the northern corner of said Lot 8; thence southeasterly along the northeasterly of Block 1, Lot 8, Peppermint Terrace Third Addition, to the southwesterly projection of the southeasterly line of Block 2, Lot 13, Peppermint Terrace Third Addition; thence northeasterly along the projection of the southeasterly line of Block 2, Lot 13, Peppermint Terrace Third Addition, across the right-of-way of Maple Drive to the southern corner of said Lot 13; thence continuing northeasterly along the southeasterly line of Block 2, Lot 13, Peppermint Terrace Third Addition, to the eastern corner of Block 2, Lot 13, Peppermint Terrace Third Addition; thence northwesterly along the northeasterly line of Block 2, Lots 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. it ER U.L.I.D. 143 - WEST I = µ g ROAD 100 8 Q.Jt Lot 2 A PRELIMINARY �►� ASSESSMENT FOR ALL LO ♦ �' $8,000 Ilk ■ Y i Q s 18 ,, qq ` e U.L.I.D. 143 BOUNDARY U.L.I.D. 143 BOUNDARY AMENDED ORDINANCE s I i PROJECT NAME: Boundary Change PROJECT NO.: Sewer ULID No. 143 — W. of Road 100 Ordinance PUBLIC WORKS DEPARTMENT — ENGINEERING DIVISION DZMGN: DIH CITY OF PASCO ter. 1 OF 1 Exhibit C DUWN. DIR :Not To Boole CCIDaCB DIR DATE: 11/27/06 A .: DIH TRANE M COUM•ASMGTON CADTGS:w wt PPS ."