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HomeMy WebLinkAbout2789 Resolution s� CITY OF PASCO, WASHINGTON RESOLUTION NO. -17 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. 141 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 OCTAVE STREET AND ROAD 48, 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 lb, 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 Octave Street and Road 48; and WHEREAS, to facilitate the financing of the expansion and extension and improvement of the sewer collection system of the City on West Octave Street and Road 48 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, 1 50412696.01 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 Octave Street and Road 48 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 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. 141 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. 141 is declared to be, as near as may be $634,370.00, the entire cost and expense of which shall be borne by and assessed against the property included within proposed ULID No. 141, 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. 141 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. 141 and such 2 $0412696.01 I 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. 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. 141 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, 3 50412696.01 Washington, at 7:00 p.m., local time, February 17, 2004, 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 January 20, 2004, 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 20'x'day of January, 2004. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: &-4 4 C-�P4 fo�- Sandy L. KkAworthy e and B. Kerr Deputy City Clerk ty Attorney 4 50412696.01 EXHIBIT A ULID NO. 141-BOUNDARY DESCRIPTION Legal: A tract of land within the State of Washington,Franklin County, Section 26,Township 9 North, Range 29 East,Willamette Meridian,Beginning at the northeastern corner of Short Plat 76-13, Lot 2, also being on the westerly right-of-way of Road 44 between West Court Street and West Brown Street; thence westerly along the northerly property line of said Short Plat 76-13, Lots 2, 3,and 4;thence westerly along the northerly property line of Courtney Estates,Block 1,Lots 1, 2,and 3 to the northwesterly corner of said Lot 3;thence southerly along the westerly property line of said Lot 3 to the northeasterly corner of Stapleman Addition,Block 1,Lot 2;thence westerly along the northerly property line of Stapleman Addition,Block 1,Lots 2, 3,and 4 to the northwesterly corner of said Lot 4,also being the northeasterly corner of the lot identified by Franklin County Parcel Number 119-532-060 as defined on December 4,2003;thence westerly along the northerly property line of said parcel a distance of 122' more or less;thence northerly along the northerly property line of said parcel a distance of 11' more or less;thence westerly along the northerly property line of the said parcel a distance of 179' more or less to the northwesterly corner of said parcel;thence westerly across Road 48 along the projection of the northerly property line of said parcel a distance of 60' to the westerly right-of-way line of Road 48;thence northerly along the westerly right-of-way line of Road 48, also being a portion of the easterly property line of Short Plat 80-3,Lot 1,to the northeasterly corner of said Lot 1, also being the southerly right-of-way line of West Court Street;thence westerly along the northerly property line of said Lot 1,to the northwesterly corner of said Lot 1;thence southerly along the westerly property line of said Lot 1 to the southwesterly comer of said Lot 1, also being the northerly right-of-way line of West Marie Street;thence easterly along the southerly property line of Short Plat 80-3,Lots 1 and 2,to the southeasterly corner of said Lot 2;thence southerly across West Marie Street a distance of 60' along the westerly right-of-way line of Road 48 to the northeasterly comer of Short Plat 2000-12,Lot 1; thence westerly along the northerly property line of said Lot 1 to the northwesterly corner; thence southerly along the westerly property line, also being the easterly property line of Short Plat 2000-12,Lot 2,to the southeasterly corner; thence westerly along the southerly property line of said Lot 2,to the southwesterly corner of said Lot 2; thence westerly along the extension of the southerly property line of said Lot 2 a distance of 30' to a point being on the westerly line of the southeast quarter of the northwest quarter of the northwest quarter of Section 26, Township 9 North,Range 29 East, Willamette Meridian;thence southerly along the western boundary of the said line to a point where the westerly project of the southern property line of Weige's Addition,Block 1, Lot 12 intersects the said line;thence easterly along the westerly projection of the southern property line of Weige's Addition,Block 1, Lot 12;thnce easterly across Weige's Addition,Block 1, Lots 12, 11, 10, 9, 8, and 7,to the southeastern corner of said Lot 7;thence easterly across Road 48 to the southwestern corner of Weige's Addition,Block 2, Lot 6;thence easterly across Weige's Addition,Block 2, Lots 6, 5 and 4 and Paul's Addition,Block 1, Lots 6, 5 and 4;thence easterly across Road 46 to the southwest corner of Burrough's Addition, Block 1,Lot 12;thence easterly along to southerly property line of Burrough's Addition,Block 1,Lot 12, 11, 10, 9, 8 and 7 to the southeast corner of said Lot 7, also being the westerly right-of-way line of Road 44;thence northerly along the eastern property line of said Lot 7;thence northerly across West Octave Street a distance of 60' to the southeasterly comer of Burrough's Addition,Block 2,Lot 6; thence northerly along the easterly property line of Burrough's Addition,Block 2,Lots 6 and 7 50412646.01 r z7$1 t to the northeasterly corner of said Lot 7; thence northerly across West Marie Street a distance of 60' to the southeasterly corner of Conn Addition, Lot 3; thence northerly along the eastern property line of Conn Addition, Lots 3 and 4,to the northeasterly corner of said Lot 4; thence northerly across West Brown Street along the westerly right-of-way line of Road 44 to the southeasterly corner of Short Plat 76-13, Lot 2; thence northerly along the easterly property line of said Lot 2, also being the westerly right-of-way line of Road 44, to the northeasterly corner of Short Plat 76-13, Lot 2, also being the Point of Beginning. General Description: Project to be in Street: From: To: W. Octave Street Road 44 Road 50 W. Marie Street Road 44 Road 48 W. Marie Street Road 44 Road 48 W Brown Street Road 44 330' west of Road 46 Road 46 165' S. of W. Octave St W. Brown Street Road 48 165' S. of W. Octave St 208' S. of Court St. Road 50 165' S. of W. Octave St. W. Octave St. 6 50412646.01 r v ITT tolptil 04 co rl>l Z I � + N � i I E- i v i S 3- ).,]Nl�noo LLJ < cn IWO N �� r4 yn R I I ao 0- ...... RIM 96 m r V)0 ov-)