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HomeMy WebLinkAbout2864 Resolution CITY OF PASCO,WASHINGTON RESOLUTION NO. t''I 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. 142 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, as amended by Resolution No. 2433, to provide for the expansion and extension and improvement of the sewer collection system of the City on West Wernett Road, West Jay Street, West Ella Street, West Leola Street, West Pearl Street and Roads 38, 39 and 40, 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, as amended by Resolution No. 2433, passed on March 15, 1999, the City Council has 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 Wernett Road, West Jay Street, West Ella Street, West Leola Street, West Pearl Street and Roads 38, 39 and 40; and WHEREAS, to facilitate the financing of the expansion and extension and improvement of the sewer collection system of the City on West Wernett Road, West Jay Street, West Ella Street, West Leola Street, West Pearl Street and Roads 38, 39 and 40, 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, 50446192.01 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 Wernett Road, West Jay Street, West Ella Street, West Leola Street, West Pearl Street and Roads 38, 39 and 40 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. 142 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. 142 is declared to be, as near as may be $769,700.00, the entire cost and expense of which shall be borne by and assessed against the property included within proposed ULID No. 142, 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. 142 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. 142 and such -2- 50496192.01 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. 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. 142 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, February 22, 2005, 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. -3- 50496192.01 Section 6. The City Engineer is directed to submit to the City Council on or prior to January 18, 2005, 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 18''day of January, 2005. a ATTEST: wet City Cler pU , FORM APPROVED: City Attorney -4- 50496192.01 EXHIBIT A LEGAL DESCRIPTION ULID NO. 142 SEWER BOUNDARY DESCRIPTION A tract of land within state of Washington, Franklin County, Section 23, Township 9 North, Range 29 East, Willamette Meridian, beginning at the southeast corner of lot 1 of Short Plat 81- 11, said point being the intersection of the north right of way line of West Wernett Road and the west right of way line of Road 36 and the True Point of Beginning; thence north along the west right of way line of Road 36 to the northeast corner of lot 1 of Short Plat 81-11; thence westerly along the north boundary line of lots 1, 2, 3 and 4 of Short Plat 81-11 to the northwest corner of lot 4 of Short Plat 81-11; thence westerly along the northern boundary line to a point at the northwest corner of the west 138' of the south half of the southeast quarter of the southeast quarter of the northeast quarter of section 23, township 9 north and range 29 east (Parcel # 119- 041-073); thence southerly along the westerly boundary line of the West 138' of the south half of the southeast quarter of the southeast quarter of the northeast quarter of the section 23, township 9 north and range 29 east(Parcel# 119-041-073) to a distance of approximately 27.9 feet and the east right of way line of Road 38; thence westerly along the north right of way line of Road 38 to a point on the west right of way line of road 38 and the northeast corner of the south 300' of the southwest quarter of the southeast quarter of the northeast quarter of section 23 township 9 north and range 29 east, exc. the west 412' thereof and exc. the east 30' and the south 30' for roads (Parcel # 119-042-107) ; thence continuing west along said line to a point at the northwest corner of the south 300' of the west 300' of the southwest quarter of the southwest quarter of the southeast quarter of the northeast quarter of section 23, township 9 north and range 29 east (Parcel # 119-042-125) ; thence south along the westerly boundary line to a point at the southwest corner of the south 300' of the west 300' of the southwest quarter of the southwest quarter of the south east quarter of the northeast quarter of section 23, township 9 north and range 29 east (Parcel # 119-042-125); thence east along the north right of way line of West Wernett Road to a point of intersection with the projected east right of way line of Road 40; thence south along said projected line to the intersection of the south right of way line of West Wernett Road and the east right of way line of Road 40; thence continuing south along the east right of way line of Road 40 to a point of intersection with the projected northerly boundary line of the north 100' of the south 327' of the east 206' of the south east quarter of the northwest quarter of the southeast quarter of section 23, township 9 north and range 29 east (Parcel #119- 141-143); thence westerly to a point at the north west corner of the north 100' of the south 327' of the east 206' of the southeast quarter of the northwest quarter of the southeast quarter of section 23, township 9 north and range 29 east(Parcel#119-141-143); thence southerly along the west boundary line to a point at the southwest corner of the north 100' of the south 327' of the east 206' of the south east quarter of the northwest quarter of the southeast quarter of section 23, township 9 north and range 29 east (Parcel #119-141-143) ; thence easterly along the south boundary of the north 100' of the south 327' of the east 206' of the southeast quarter of the northwest quarter of the southeast quarter of section 23, township 9 north and range 29 east (Parcel #119-141-143) to a point of intersection with the westerly right of way line of Road 40; thence south to the north right of way line of West Pearl Street, said point being the intersection of the west right of way line of Road 40 and the north right of way line of West Pearl Street; thence south to a point being the west right of way line of Road 40 and the south right of way line of West Pearl Street; thence east along the south right of way line of West Pearl Street to a 50496192.01 point of intersection with the south right of way line of West Pearl Street and the projected centerline of Road 38; thence north along said projected centerline of Road 38 to the south right of way line of West Pearl Street; thence east along the south right of way line of West Pearl Street to the west right of way line of Road 36; thence north along the west right of way line of Road 36 to the projected north right of way line of West Pearl Street; thence west along the projected north right of way line of West Pearl Street to the southwest corner of Lot 7, Block 4, Sun Acres West Addition; thence north along the west line of Lot 7 to the northwest corner of Lot 7, Block 4, Sun Acres West Addition; thence east along the north line of Lot 7 to the west right of way line of Road 36; thence north along the west right of way line of Road 36 to the intersection of the west right of way line of Road 36 and the projected north right of way of West Leola Street; thence west along the projected north right of way line of West Leola Street to the southwest corner of Lot 7, Block 3, Sun Acres West Addition; thence north along the west boundary line of Lot 7, Block 3, Sun Acres West Addition to the northwest corner of said lot; thence east along the north line of Lot 7 to the west right of way line of Road 36 and the northeast corner of said Lot 7; thence north along the west right of way line of Road 36 to the intersection of the west right of way line of Road 36 and the projected north right of way line of West Ella Street; thence west on the projected north right of way line of West Ella Street to the southwest corner of Lot 7, Block 2, Sun Acres West Addition; thence north along the west line of Lot 2, Block 2, Sun Acres West Addition to the northwest corner of said Lot 7; thence east along the north line of Lot 7, Block 2, Sun Acres West Addition to the west right of way line of Road 36 and the northeast corner of said Lot 7; thence north along the west right of way line of Road 36 to a point of intersection with the projected south right of way line of West Wernett Road; thence continuing north along the projected west right of way line of Road 36 to a point on the north right of way of West Wemett Road; thence east along the north right of way line of West Wernett Road to a point being the intersection of the north right of way line of West Wernett Road and the west right of way line of Road 36 and the southeast corner of Lot 1, Short Plat 81-11, also being the True Point of Beginning. GENERAL DESCRIPTION OF IMPROVEMENTS: Project to be in Street: From: To: West Wernett Road Road 36 Road 40 West Jay Street Road 36 Road 40 West Ella Street Road 36 Road 40 West Leola Street Road 36 Road 38 West Pearl Street Road 36 Road 40 Road 39 West Ella Street 268' S of West Ella Street Road 38 West Leola Street West Ella Street Road 40 West Pearl Street 335' N. of West Pearl Street 50496192.01 UTILITY LOCAL IMPROVEMENT DISTRICT 142 3821 3821.5 3909 3715 W. WERNETT RD 3,,20 3812 3720 3712 3704 3620 3612 1 2 3 # 5 6 3804 3604 N 3 2 1 12 11 10 9 B 7 B N IE 3821 Al 3605 3805 3721 3713 3705 3621 3613 3912 ih`I 3904 3820 3812 3814 3720 3712 3704 3620 I 3612 3604 a 3920 S 1 V C R s L1J 1 2 3 4 5 8 1 2 3 +� 5 6 O K Q 7 9 10 11 12 12 11 10 9 8 7 S1 3721 3921 3913 3905 3821 3613 3805 3713 3705 362 3613 3812 n372O 3712 3704 3620 3612 m ST �� 3604 3820� 1 2 3 2 3 4 5 & N O 4 8 5 0 12 10 9 8 7 0 N N 3605 N 3721 305 3621 3613 N . F720 3712 3704 3620 3612 3604 g 2 3 4 5 6 12 10 9 4009 -3721 37112 3704 3621 3613 3605 3905 3821 3809 ULID 142 BOUNDARY CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as follows: 1. The attached copy of Resolution No. 2-$ (the "Resolution") is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on January 18, 2005, as that resolution 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 resolution. IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of January, 2005. CITY OF PASCO, WASHINGTON Webster U. Jackson, Cit Jerk 50496192.01