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HomeMy WebLinkAbout2407 Resolution CITY OF PASCO,WASHINGTON RESOLUTION NO. \D A RESOLUTION of the City Council of the City of Pasco, Washington, 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; declaring its intention to initiate the formation of Utility Local Improvement District No. 136 to carry out a portion of the system or plan of additions to and betterments and extensions of the waterworks utility specified and adopted by Ordinance No. 3239 to provide for the expansion and extension of sewer service to areas of the City between Road 44 and Road 54 and between W. Margaret Street and the Columbia River, also Agate Street between Road 40 and Road 42, all as applicable to such utility local improvement district; and fixing the date, time and place for a public hearing on the formation of the proposed utility local improvement district. 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 of the City(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 of the City's sewer collection system to provide sewer service to areas of the City between Road 44 and Road 54 and between W. Margaret Street and the Columbia River, also Agate Street between Road 40 and Road 42; and WHEREAS, to facilitate the financing of the expansion and extension of sewer service to areas of the City between Road 44 and Road 54 and between W. Margaret Street and the Columbia River, also Agate Street between Road 40 and Road 42 through the issuance of water and sewer revenue bonds as contemplated by the Sewer Comprehensive Plan,the City Council has determined it to be in the best interests of the City that a utility local improvement district, constituting three noncontiguous units, to be created in connection with that portion of the System or Plan; NOW, THEREFORE, 1 50049945.02 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, as follows: Section 1. It is the intention of the City Council of the City to carry out the portion of the System or Plan providing for the expansion and extension and improvement of the sewer collection system of the City to areas of the City between Road 44 and Road 54 and between W. Margaret Street and the Columbia River, also Agate Street between Road 40 and Road 42 by the construction of sewer lines, sewer stubs, a street overlay and all other work necessary for or incidental to the provision of sewer service to those areas, as such improvements are more particularly described in Exhibit A hereto (the "Improvements"). All of the foregoing Improvements shall be in accordance with the plans and specifications therefor prepared by the City Engineer, and may be modified by the City as long as such modification does not affect the purpose of the Improvements or the System or Plan. Section 2. To carry out the Improvements there shall be formed a utility local improvement district to be known and designated as Utility Local Improvement District ("ULID") No. 136 of the City of Pasco, Washington, consisting of three noncontiguous units (Units A, B and C), the boundaries of which are described in Exhibit B, attached hereto and incorporated herein by this reference. Section 3. The total estimated cost and expense of the Improvements within ULID No. 136 is declared to be, as near as may be $586,500 in Unit A, $521,065 in Unit B and $82,800 in Unit C, the entire cost and expense of which shall be borne by and assessed against the property included within proposed ULID No. 136, which district embraces as nearly as practicable all property specially benefited by such Improvements. Actual assessments may vary 2 50049945.02 from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the Improvements add to the property. The assessments in ULID No. 136 shall be for the sole purpose of paying the cost and expense of carrying out the Improvements or for payment into the Water and Sewer Revenue and Refunding Bond Redemption Fund, 1991, if water and sewer revenue bonds hereafter are authorized to be issued to pay for all or a part of the Improvements within ULID No. 136 and such bonds are issued on a parity of lien with the outstanding bonds payable out of such fund or, if not issued on a parity of lien therewith, for payment into a special bond redemption fund hereafter created for the payment of water and sewer revenue bonds hereafter authorized to be issued by the City to provide the funds required to pay all or a part of the cost and expense of carrying out the Improvements. Section 4. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed ULID by mailing such notice at least 15 days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the Franklin County Assessor at the address shown thereon, as required by law. The City Clerk also is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property outside of the proposed ULID that is required by the Federal Housing Administration as a condition of loan qualification to be connected to the proposed Improvements, by mailing such notice at least 15 days before the date fixed for the public hearing to the owner or reputed owner of the property as shown on the rolls of the Franklin County Assessor at the address shown thereon, as required by law. 3 50049945.02 This resolution also shall be published in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing. Section 5. All persons who may desire to object to the Improvements described herein and to the formation of ULID No. 136 are notified to appear and present such objections at a hearing before the City Council to be held in the Council Chambers in the City Hail in Pasco, Washington, at 7:00 p.m., local time, on December 7, 1998, which time and place are fixed for hearing all matters relating to the proposed improvements and all objections thereto and for determining the method of payment for those Improvements. All persons who may desire to object thereto should appear and present their objections at such hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the Improvements if the ULID is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. Section 6. The City Engineer is directed to submit to the City Council on or prior to December 7, 1998, all data and information required by law to be submitted. 4 5 W49945.02 The foregoing resolution was ADOPTED by the City Council of the City of Pasco, Washington, at a regular open public meeting thereof this 2nd day of November, 1998. Mayor ATTEST: City Clerk FORM APPROVED: City Attorney 5 500445.02 EXHIBIT A DESCRIPTION OF IMPROVEMENTS WITHIN ULID NO. 136 SEWER COLLECTION LINES TO BE INSTALLED ON STREET FROM TO UNIT A Road 45 Nixon St 680 Feet north of Nixon St Road 46 W. Sylvester St W. Margaret St Road 47 W. Sylvester St 345' north of Nixon St Road 48 W. Sylvester St 115' north of W. Park St Road 50 W. Sylvester St 225' south of Nixon St Nixon St Road 44 Road 47 Nixon St Road 48 380' west of Road 50 UNIT B Road 46 W. Sylvester St River Blvd Road 47 W. Sylvester St River Blvd Road 49 W. Sylvester St 460' south of Irving St Road 52 W. Sylvester St 335' south of Irving St Road 54 W. Sylvester St 490' south of W. Sylvester St Irving St Road 49 310' east of Road 49 Irving St Road 52 655' east of Road 52 Irving St Road 52 475' west of Road 52 River Blvd Road 46 Road 47 On Easement in Alley Serving Lots 2, 3,4, 5 and 6 of Aqua View Addition of City of Pasco UNIT C Agate St Road 40 Road 42 50049945.02 U.L.I.D. 136 EXHIBIT B UNIT A Beginning at the southeast corner of Lot 3, Ayers Addition, being the northwest corner of the intersection of Road 44 and Nixon Street; thence northerly along the east line of Lots 3, 4 and 5, Ayers Addition and Lot 4, Brenlind Addition, to the northeast corner of Lot 4, Brenlind Addition; thence westerly along the north line of said Lot 4 to the northwest corner of said Lot 4, also being the southeast corner of Lot 6, Block 2, Brenlind Addition; thence northerly along the east line of Lots 6 and 1, Block 2, Brenlind Addition, to the northeast corner of Lot 1, Block 2, Brenlind Addition; thence westerly along the north line of said Lot 1 to a point, also being a point from the southerly projection of the east line of Lot 1, Short Plat 79-8; thence northerly along the southerly projection of the east line of said Lot 1 and the east line of Lot 1, Short Plat 79-8, to the northeast corner of Lot 1, Short Plat 79-8; thence westerly along the north line of Lot 1, Short Plat 79-8, to the northwest corner of said Lot 1; thence southerly along the west line of Lots 1 and 2, Short Plat 79-8, to the southwest corner of Lot 2, Short Plat 79-8; thence westerly along the north line of Lot 1, Block 1, Brenlind Addition, to the northwest corner of said Lot 1; thence southerly along the west line of said Lot 1, also being the east ROW line of Road 46, to a point being the easterly projection of the north line of Lot 7, Haag Addition; thence westerly along the easterly projection of the north line of said Lot 7 to the west ROW line of Road 46, and continuing westerly along the north line of said Lot 7, also being the north ROW line of W. Margaret Street, to the northwest corner of said Lot 7; thence southerly along the west line of Lots 7 and 8, Haag Addition, to a point being the northeast corner of Lot 11, Haag Addition; thence westerly along the north line of Lots 11 and 12, Haag Addition, to the northwest corner of Lot 12, Haag Addition; thence southerly along the west line of Lots 12 and 13, Haag Addition; to a point being the northeast corner of Lot 1, Haag Addition; thence westerly along the north line of said Lot 1 to the northwest corner of said Lot 1, being the east ROW line of Road 48; thence continuing westerly along the projection of the north line of said Lot 1 to the west ROW line of Road 48; thence southerly along the west ROW line of Road 48 to the north ROW line of W. Park Street; thence westerly along the north ROW line of W. Park Street to a point being the northerly projection of the east line of Lot 2, Carol T Addition; thence southerly along the northerly projection of the east line of Lot 2 and the east line of Lot 2, Carol T Addition; also being the west ROW line of Road 48, to the northeast corner of Lot 3, Carol T Addition; thence westerly along the north line of Lots 3 and 4, Carol T Addition, and Lots 6, 7, 8, 9 and 10, Block 1, Lachtman Addition, to the northwest corner of said Lot 10, also being the east ROW line of Road 50; thence northerly along the west line of Lot 1, Block 1, Lachtman Addition to a point, being the easterly projection of the north line of Lot 3, Short Plat 75-1; thence westerly along the easterly projection of the north line of said Lot 3 to the northeast corner of said Lot 3, also being the west ROW line of Road 50; thence continuing westerly along the north line of Lots 3, 2 and 1 of Short Plat 75-1 and Lots 4 and 3 of Short U.L.I.D. 136, Exhibit B Page 1 of 4 Plat 78-13 to the northwest corner of Lot 3, Short Plat 78-13; thence southerly long the west line of said Lot 3 to the southwest corner of said Lot 3; thence westerly along the north line of Lot 1, Short Plat 78-13, to the northwest corner of said Lot 1, also being a point in the east ROW line of Road 52; thence southerly along the west line of said Lot 1 to the southwest corner of said Lot 1; thence westerly along the north line of Lot 4, Short Plat 75-2, to the northwest corner of said Lot 4; thence southerly along the west line of Lots 4 and 1, Short Plat 75-2, also being the east ROW line of Road 52, to the southwest corner of Lot 1, Short Plat 75-2; also being the northeast corner of the intersection of Road 52 and W. Sylvester Street; thence easterly along the south line of Lot 1, Short Plat 75-2, to the southeast corner of said Lot 1; thence northerly along the east line of said Lot 1 to the northeast corner of said Lot 1; thence easterly along the south line of Lot 4, Short Plat 75-2, to the southeast corner of said Lot 4; thence southerly along the line of a lot described as: "the west 85 feet of the east 325 feet of the north 157 feet in Section 26, Township 9 North, Range 29 East, W.M., of the south 292 feet of the SW4SW4NW4 and also the north 8 feet of west 82 feet of the east 322 feet of the SW4SW4NW4," to the southwest corner of above described lot; thence easterly along the south line of the above described lot to the southeast corner of said lot; thence northerly along the east line of the said lot to the northwest corner of a lot described as: "the west 105 feet of the east 240 feet of the south 165 feet of the SW4SW4NW4 in Section 26, Township 9 North, Range 29 East, W.M., excluding County road;" thence easterly along the north line of said lot to the northeast corner of said lot, also being the northwest corner of a lot described as: "the south 165 feet of the east 322 feet of the SW4SW4NW4 of Section 29, Township 9 North, Range 29 East, W.M., excluding the west 190 feet thereof and less County roads;" thence southerly along the west line of said lot to the southwest corner of said lot; thence easterly along the south line of the described lot and the easterly extension of the south line of the said lot and the south line of Lots 10 and 9, Block 2, Lachtman Addition, also being the north ROW line of W. Sylvester Street, to the southeast corner of Lot 9, Block 2, Lachtman Addition; thence northerly long the east line of said Lot 9 to the northeast corner of said Lot 9; thence easterly along the south line of Lots 3, 4, and 5, Block 2, Lachtman Addition, to the southwest corner of Lot 5, Carol T Addition; thence southerly along the east line of Lot 8, Carol T Addition to the southwest corner of said Lot 8, also being the north ROW line of W. Sylvester Street; thence easterly along the north ROW line of W. Sylvester Street past Road 48, Road 47, and Road 46 and continuing to the southwest corner of Lot 1, Ayers Addition; thence northerly along the west line of Lots 1 and 2, Ayers Addition to the northwest corner of Lot 2, Ayers Addition; thence easterly along the north line of Lot 2, Ayers Addition to the northeast corner of said Lot 2, also being the west ROW line of Road 44; thence northerly along the west ROW line of Road 44 to the point of beginning. UNIT B Beginning at the northeast corner of Lot 1, Klopfenstein Subdivision, also being the southwest corner of W. Sylvester Street and Road 45; thence westerly along the U.L.I.D. 136, Exhibit B Page 2 of 4 south ROW line of W. Sylvester Street to the southwest corner of the intersection of W. Sylvester Street and Road 46; thence southerly along the west ROW line of Road 46 to a point being 7 feet northerly of the southeast corner of Lot 1, Short Plat 79-3; thence westerly along a line 7 feet northerly of the south line of Lot 1, Short plat 79- 3 to a point being 7 feet northerly of the southwest corner of Lot 1, Short Plat 79-3; thence northerly along the west line of said Lot 1 to the northwest corner of said Lot 1; thence westerly along the south line of Lot 3, Short Plat 77-15 to the southwest corner of said Lot 3; thence northerly along the west line of said Lot 3 approximately 42 feet to a corner of said Lot 3 ; thence easterly along line of said Lot 3 approximately 32 feet to a corner of said Lot 3; thence northerly along the westerly line of Lot 3, Short plat 77-16, to the northwest corner of said Lot 3, also being a point in the south ROW line of W. Sylvester; thence westerly along the south ROW line of W. Sylvester, past Lot 1, Short Plat 77-16 and Road 47 and Lot 14, Bailie Subdivision, to the northwest corner of Lot 14, Bailie Subdivision; thence southerly along the west line of Lots 14 and 13, Bailie Subdivision, to the southwest corner of Lot 13, Bailie Subdivision, also being the southeast corner of Lot 3, Leeper Subdivision; thence westerly along the south line of Lots 3 and 2, Leeper Subdivision, also being the north ROW line of Irving Street, to the southwest corner of Lot 2, Leeper Subdivision; thence northerly along the west line of said Lot 2, to the northwest corner of said Lot 2 also being the south ROW line of W. Sylvester Street; thence westerly along the south ROW line of W. Sylvester Street, past Road 49, continuing westerly to the northwest corner of Lot 21, Aquaview Addition; thence southerly along the west line of said Lot 21 to the southwest corner of said Lot 21; thence westerly along the south line of Lots 20 and 19, Aquaview Addition, to the southwest corner of Lot 19, Aquaview Addition; thence northerly along the west line of said Lot 19 to the northwest corner of said Lot 19, also being the south ROW line of W. Sylvester Street; thence westerly along the south ROW line of W. Sylvester Street past Road 52 and continuing westerly to the northeast corner of Lot 2, Johnson's Subdivision; thence southerly along the east line of said Lot 2 to the southeast corner of said Lot 2; thence westerly along the south line of Lots 2 and 1, Johnson's Subdivision; to the southwest corner of Lot 1, Johnson's Subdivision, also being along the east line of Lot 2, Short Plat 75-4; thence northerly along the east line of said Lot 2, to the northeast corner of said Lot 2; thence westerly along the north line of said Lot 2, to the northwest corner of said Lot 2, also being the southwest corner of Lot 1, Short Plat 75-4; thence northerly along the west line of said Lot 1 to the northwest corner of said Lot 1, also being the south ROW line of W. Sylvester Street; thence westerly along the south ROW line of W. Sylvester Street to the southwest corner of the intersection of W. Sylvester Street and Road 54; thence southerly along the west ROW line of Road 54 to a point that is the westerly projection of the south line of the lot described as; "#4 portion of Government Lot 4 in Section 27, Township 8 North, Range 29 East, W.M.; commencing at the Northeast corner of Government Lot 4; thence N89 033'58" W. along line of said Lot 4, 692.8 feet; thence S1017'17W", 234.56 feet; thence S21°43'59"W, 57.8 feet; thence S21°41'09"W, 12.5 feet to the True Point of Beginning; thence continuing S21 041'09"W, 188.35 feet; thence along McNary Reservoir Taking Line by the following bearings and distances; S88°39'59"E, 70 feet; S82°32'E, 18.2 feet; S82°35'E, U.L.I.D. 136, Exhibit B Page 3 of 4 117,5 feet; S44°25'E, to its intersection with the west line of Johnson's Subdivision 13.4 feet; thence N1°17'17"E, along said west line 202.85 feet; thence N89°33'58"W, 148.85 feet to the True Point of Beginning"; thence easterly along the westerly projection of the south line of the said lot to the southwest corner of said lot, also being on the United States Government Taking Line; thence easterly along the United States Government Taking Line past Road 52, past the southerly projections of Road 49, Road 47 and Road 46 to a point being the southeast corner of Lot 7, Bailie Subdivision; thence northerly along the east line of Lots 7,6,5,4, 3 and 2 to a point, also being a point 85 feet northerly of the southwest corner of Lot 2, Klopfenstein Addition; thence easterly along a line being 85 feet northerly of the south line of said Lot 2 to a point being 85 feet northerly of the southeast corner of said Lot 2; thence northerly along the east line of Lots 2 and 1, HIopfenstein Addition, to the point of beginning. UNIT C Beginning at the southeast corner of Lot 37, Palmer Addition, also being the northwest corner of the intersection of Road 40 and W. Agate Street; thence northerly along the east line of Lot 37, Palmer Addition, to the northeast corner of said Lot 37; thence westerly along the north line of Lots 37, 36, 35, 34, 33 and 32 and continuing westerly across Road 42 to the northeast corner of Lot 12, Davis . Addition; thence southerly along the east line of Lot 12, Davis Addition, continuing southerly along the west ROW line of Road 42 and along the east line of Lot 8, Block 2, Cline Addition, to the southeast corner of Lot 8, Block, 2, Cline Addition; thence easterly across Road 42 to the northwest corner of Lot 1, Short Plat 84-4; thence westerly along the north line of Lots 1 and 2, Short plat 84-4, to the northeast corner of Lot 2, Short Plat 84-4; thence southerly along the east line of said Lot 2 to the southeast corner of said Lot 2, also being the southwest corner of Lot 4, Short Plat 77-1; thence easterly along the south line of Lot 4, Short Plat 77-1, to the southeast corner of Lot 4, Short Plat 77-1; thence northerly along the east line of Lot 4, Short Plat 77-1, to the southwest corner of Lot 1, Block 1, Mottners 2nd Addition; thence easterly along the south line of Lots 1, 2 and 3, Block 1, Mottners 2nd Addition, to a point being 24 feet easterly of the southwest corner of Lot 2, Block 1, Mottners 2" Addition; thence northerly along a line being 24 feet easterly of the east line of said Lot 2 to a point being 24 feet easterly of the northeast corner of said Lot 2, also being a point in the south ROW line of W. Agate Street; thence easterly along the north line of Lot 3, Block 1, Mottners 2nd Addition, to the west ROW line of Road 40, also being the northeasterly corner of said Lot 3; thence northerly along the west ROW line of Road 40 to the point of beginning. U.L.I.D. 136, Exhibit B Page 4 of 4 L.............. ,.........irL'IRIY 3i...........�.._.�... ...__.»....._..,...,..,,..i P6ARL•ST.,...�..u.._�... ...,.,..+ • UN ITC _ _ # € t # !k RUDY UoL,ol*Do 136 1 ' _Clawrif Boundries j ig i i t i i €.......,,...._.. ....._...��i_-_._._..,m_,..,..._._... ' iii .. i_...._». .„.......« .. ................,..,,,...—.._. :.___. ...,.,.»........NN4 IE1�1Y 3t....«.,.._.__.......,......... � i # 1 < ,.._.._-..i i......................._..........,,,.� fir" .. .. ,�.. i ii J ' �..... ! •.�T� ; r, r UN; I a s v ......_._._.a �._.....w.,..,,„........,...�._.l :._--.-i ►moon ar„._...._. 1: ._—,_.-,�c..Nli�€-5�.,�,. w ” sr VL moan sr,_„_, tt ! 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