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HomeMy WebLinkAbout2979 Resolution CITY OF PASCO, WASHINGTON RESOLUTION NO. Z9� G 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. 143 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, West of Road 100, 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 of the City of Pasco, Washington (the "City") 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 System or Plan provides in part for the expansion and extension and improvement of the sewer collection system of the City, West of Road 100; and WHEREAS, to facilitate the financing of the expansion and extension and improvement of the sewer collection system of the City, West of Road 100, through the issuance of water and sewer revenue bonds as contemplated by the System or 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 in order to serve two noncontiguous areas; NOW, THEREFORE, 50715619.1 -1- 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, West of Road 100, by the construction of sanitary sewer lines, sewer stubs, a street overlay and all other appurtenances and work necessary for or incidental to the provision of sewer service to those areas (the "Improvements"), as described in Exhibit A attached hereto and incorporated herein by this reference. All of the foregoing Improvements shall be in accordance with the plans and specifications therefore prepared by the City Engineer, and may be modified by the City Council as long as such modification does not affect the general purposes of the Improvements or the System or Plan. The City Council shall determine the application of available money between and among the Improvements. The City Council also shall determine the exact order, extent and specifications of the Improvements. 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 No. 143 ("ULID" No. 143" or the "ULID") of the City of Pasco, Washington, the boundaries of which are described in Exhibit B, attached hereto and incorporated herein by this reference. The noncontiguous Improvements described in Exhibit A are intended to be installed or constructed to serve two separate geographical areas or units, comprising a single utility local improvement district to be created pursuant to RCW 35.43.050, known collectively as ULID No. 143, and individually, as the Western Area and the Eastern Area of such ULID, all as described in Exhibit B. 50715619.1 -2- The City Council finds that assessments within the ULID should be determined on the basis of the special benefit of the Improvements as a whole to the properties within the entire ULID. The City Council declares its intention to use any method or combination of methods to determine assessments which may be deemed to most fairly reflect the special benefits to the properties being assessed. Section 3. The total estimated cost and expense of the Improvements within ULID No. 143 is declared to be, as near as may be $1,530,000. No more that $1,360,000 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. 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 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. The assessments in ULID No. 143 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. 143 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. 50715619.1 -3- 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 its entirety, with exhibits, 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 or support the Improvements described herein and to the formation of ULID No. 143 are notified to appear and present such objections or state their support at a hearing before the City Council to be held in the Council Chambers in the City Hall, located at 525 North Third Avenue, in Pasco, Washington, at 7:00 p.m., local time, October 2, 2006, which time and place are fixed for hearing all matters relating to the proposed improvements and all objections or support thereto and for determining the method of payment for those Improvements. All persons who may desire to object thereto 50715619.1 -4- EXHIBIT A Sewer ULID No. 143 West of Road 100 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 111 Shady Ln Road 108 100-ft East of Road 111 In—From—To Description 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 Ar ent 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 100 Road 104 50715619.1 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 3 8; 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. 50715619.1 Exhibit B (Con't.) 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 50715519.1 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 and 5, Peppermint Terrace Second Addition, to the northern corner of Lot 5, Peppermint Terrace Second Addition; also being the eastern corner of Lot 6, Peppermint Terrace Second Addition, and the southern corner of Lot 19, Peppermint Terrace Second Addition; thence northeasterly along the southeastern line of Lot 19, Peppermint Terrace Second Addition, to the southeastern corner of Lot 19, Peppermint Terrace Second Addition; also being the western right-of-way of Road 100; thence northerly along the eastern line of Lot 19, Peppernint Terrace Second Addition, and along the projection of said line across Maple Drive and the eastern line of Lots 21 and 20, Peppermint Terrace Third Addition, to the northeastern corner of Lot 20, Peppermint Terrace Third Addition; thence northeasterly along the northeastern line of Lots 20, 19, 18, 17, 16, 15, 14, 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. 50715619.1 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, 2006, 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 5th day of September, 2006. (&-Ck QL'6� Joyce so , ayor TTEST: Debbie Clark, l y Clerk FORM APP VED: Leland Kerr, City Attorney 50715619.1 -5- y F�:Op��p11L• ' dip ' �% r. ♦ ! r NY 'fit ''� ' } ; f� •, T, • � 'F ,�/``: / / /�+P4� � i ; Of ,J ` n I- f ` ••f s ��� — I ,` .' C, /* a .4 '•. - ' owl Akk r ''•. s; o • a +gyp.'a: - ,.• gl AWN; _ I A 3 PROJECT NAME: PROJECT NO.: Sewer ULID No. 143 — W. of Road 100 i PUBLIC WORKS DEPARTMENT — ENGINEERING DIVISION DEMN: DLH CITY OF PASCO SIM,. 1 or >I DRAW DIM BCAIE:NoI To goals cHmm, ME DAT& 13/9/0[7 APPR.: DIE FRANKLIN COMP OA9MNG}TON CADF=: