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HomeMy WebLinkAbout2548 Resolution s RESOLUTION NO. 2548 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. 140 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 and improvement of the sewer collection system of the City on West Pearl 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 and improvement of the sewer collection system of the City on West Pearl Street between Road 40 and Road 42; and WHEREAS, to facilitate the financing of the expansion and extension and improvement of the sewer collection system of the City on West Pearl 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 be created in connection with that portion of the System or Plan; NOW, THEREFORE, 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 on West Pearl Street between Road 40 and Road 42 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"). 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 1 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. 140 of the City of Pasco, Washington, the boundaries of which are described in Exhibit A, attached hereto and incorporated herein by this reference. Section 3. The total estimated cost and expense of the improvements within ULID No. 140 is declared to be, as near as may be $75,000.00, the entire cost and expense of which shall be borne by and assessed against the property included within proposed ULID No. 140, which district embraces as nearly as practicable all property specially benefited by such Improvements. Actual assessments may vary 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. 140 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. 140 and such bonds are issued on a parity of lien with the outstanding bonds payable out of such fiend 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. 2 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. 140 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 Hall in Pasco, Washington, at 7:00 p.m., local time, October 2, 2000, 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 October 2, 2000, all data and information required by law to be submitted. The foregoing resolution was adopted by the City Council of the City of Pasco, Washington, at a regular open public meeting thereof this 5t' day of September, 2000. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney 3 EXHIBIT A ULID NO. 140- BOUNDARY DESCRIPTION Legal: Beginning at a point on the western right-of-way line of Road 40, said point being the northeast corner of Lot 1, Plat of Palmer Addition; thence southerly along the east lot line of said Lot 1 to the southeast corner of said lot 1; thence westerly along the southern line of Lots 1,2,3,4,5, and 6, Plat of Palmer Addition to the intersection with the east right of way line of Road 42; thence northerly along the western lot line of Lot 6 and the extension of the west lot line of Lot 6, Plat of Palmer Addition to the northerly right of way line of Pearl Street; thence westerly along the north right of way line of Pearl Street to the southwest corner of Lot 2, Short Plat No. 87-05;thence northerly along said Lot 2 to the northwest corner of said Lot 2; thence easterly along the northern lot line of Lot 2, 3, and 4 of Short Plat No. 87-05 to the northeast corner of said Lot 4; thence southerly 104.95 feet along the easterly lot line of said Lot 4;thence easterly parallel to and 104.95 feet south of the north lot line of said Lot 4 to the westerly right of way line of Road 40; thence southerly along the western right of way line of Road 40 to the point of beginning.