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HomeMy WebLinkAbout1197 ResolutionRESOLUTION NO. 1197 WHEREAS, on the 6th day of February, 1978, the City of Pasco, hereinafter the "City", and the County of Franklin, hereinafter the "County", parties herein, entered into an agreement, which is marked Exhibit "l", said agreement being No. 378988 of the County Auditor's file; and WHEREAS, said agreement related to the construction of a City sanitary sewer service line west along Sylvester Street, north between Roads 34 and 36, and then north along Road 36 to Argent Street, and WHEREAS, said agreement was intended to permit the extension of City sewer service to property owners along said sewer line and between Roads 34 and 38; and WHEREAS, said sewer line would run outside the city limits; and WHEREAS, the agreement was to require annexation of any area to which the sewer service was extended or to require the property owners to whom the sewer service was extended to enter into an agreement for future annexation; and WHEREAS, there exists a gap in the present City boundary and the property bounded by Roads 34 and 38, and Sylvester and Argent Streets, as is shown in the attached Exhibit "2"; and WHEREAS, the extension of the City's boundary to include both the property between Road 34 and the present City boundary as well as the property between Road 34 and 38 is a more logical extension of the City's boundary than to leave the gap between Road 34 and the present City boundary; and WHEREAS, the extension of sanitary sewer into the entire area shown in Exhibit "2" is a more logical extension for this service than to extend it to just the property between Road 34 and 38; and WHEREAS, the sanitary sewer service line above described is sized to be capable of serving the area as shown in Exhibit "2"; and WHEREAS, an application to the Review Board is necessary to permit either the extension of City sanitary service or the extension of City boundaries; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO AS FOLLOWS: That the proper officials of the City of Pasco are hereby authorized and directed to enter into a supplemental agreement amending the agreement entered into on the 6th day of February, 1978, Franklin County Auditor's file No. 378988, which is marked Exhibit "11', attached hereto and by this reference incorporated herein. The parties hereto shall make joint application to the Franklin County Boundary Review -2 - Board for the extension of City of Pasco sanitary sewer service into and for the entire area as shown in Exhibit "2" which is attached hereto and by this reference incorporated herein and further to make joint application to the Boundary Review Board for the annexation of all or any portions of the area as shown in Exhibit "2" and still further, if the Boundary Review Board approves annexation of the area as shown in Exhibit "21', it shall make subsequent applications for renewal of the Boundary Review Board's approval as required by the Boundary Review Board. PASSED by the City Council of the City of Pasco, Washington, this Z� day of AdgUS , 1978. o_ a Chet Bailie, Mayor rAT T: yn W lls, Deputy City Clerk APPROVED AS TO Patrick T. Roach, Acting City Attorney A G R E E M E N T k , ,THIS .AGREEMENT entered ed, --,into this' 4,day of 1978, by and';between.the City'of`Pasco, hereinafter referred to as the "City"; and the County of Franklin, Washington, hereinafter referred as to "County WITNESSETH: WHEREAS, on the 6th day of February, 1978, the City of Pasco and`,Franklin County, Washington,,entered.into an agreement, which is marked'Exhibit "l "said agreement -being No. 378988 of the Franklin County Auditor's file; and WHEREAS, said agreement "'related to the construction of a City sanitary sewer service line west along Sylvester Street, north between Roads 34 and 36, and then orth along Road 36 to Argent Street, and WHEREAS,'said agreement.=was'intended to permit the -extension; of City sewer service to propertyownersalong said sewer line and between Roads 34 and 38; and WHEREAS, said sewer line would run outside the city limits; and WHEREAS, the agreement was to require annexation of any area to 'r.which the.sewer service was extended.or.to require the property, owners to whom•the sewer service was extended to enter,intb an agreement for { future annexation; and WHEREAS -,'"there exists a gap iri the' present City. -boundary and the property bounded by Roads 34 'and 38, and''Sylvester and Argent nr .. Streets, as is shown in the attached Exhibit "2", and WHEREAS, the extension of the City's boundary to include both f' the property between Road 34 and the present City boundary as well as the property between Road 34 and 38 as a more logical extension of the . City's boundary thanto leave%.the.gap between Road 34 and the present a.` City boundary; and WHEREAS, the extension of sanitary sewer into the entire area shown in••Exhibit ."2" is ,amore,ilogical.rex.tension for: this service" than to extend.it to.just the property between Roads '34 and 38,-, and WHEREAS, the sanitary.sewer service line above described is sized to be capableof serving the area as shown in Exhibit "2"; and WHEREAS, an application to the Boundary Review Board is necessary to permit either the extension of City sanitary service or. the extension of City boundaries; NOW; THEREFORE,ow.il; 4 In consideration of the mutual covenants and promises hereinafter set forth, the County of Franklin and the.'City of Pasco agree as follows: 1. The parties hereto agree to supplemental..and amend the agreement entered into on the 6th day of February, 1978, under Franklin M -2 - County Auditor"s file No. 378988, which is marked Exhibit:'.'l", attached hereto and by.this reference incorporated herein. --make,.joint,application to the ,;Franklin. 2. Tie parties shall'.,. County Boundary Review Board for the extension of city of Pasco sanitary sewer service into and for the entire area as shown in Exhibit "2" which is attached hereto and by this reference incorporated herein and further to make joint application to the Boundary Review" Board for the annexation of all or any portions of the area as shown in.Exhibit "2"..and.still"further,if,the Boundary Review Board approves.'. annexation of the area asshown.in Exhibit "2", it shall make subsequent applications for renewal of the Boundary Review Board's approval as reuqired by the Boundary Review Board. IN WITNESS WHEREOF,, the parties hereto have made and executed this agreement the day and year first above written. FRANKLIN COUNTY, WASHINGTON, -.,-t CITY OF PASCO By: Commissioner Chet Bailie, Mayor ATTEST: Commissioner Charles T. Ctiscola, City Clerk APPROVED'AS: TO' FORM:, Commissioner 147 _Patrick 'T. Roach, Acting Y, C i -Attorney I a t !4 M 9;r ' "1 - ",1,1:;LIPS COU!'411 t', WASHI,.GTON. A G R E E M E N T �r UvWUTHY ?' N'C, c:ou:ity Auditor /ty THIS AGREEMENT entered into this 6 day of February 1978, by and between the CITY OP PASCO, hereinafter the "City".,;pLdi0, the COUNTY OF FRANKLIN, WASHINGTON, _hereinafter the "County"; WITNESSETH: WHEREAS, it is necessary and desirable for the developers -of certain real property located within the corporate limits of the City of Pasco to construct a sanitary sewer line which will necessarily pass through public right-of-way outside the corporate limits of the City of Pasco and within Franklin County, specifically along Sylvester Street between Roads 34 and 36 and then north along Road 36 between Sylvester and Argent Streets, and WHEREAS, both parties hereto acknowledge that the overall public interest will be best served by the execution of this Agreement; NOW, THEREFORE, In consideration of the mutual covenants and promises hereinafter set forth, the County of Franklin and the City of Pasco agree as follows: 1. That the contractor doing the construction of the sanitary sewer line above described shall obtain a permit from the County prior to commencing construction; 2. That the City will hold, and does hold the County harmless from any responsibility and liability relating directly to the operation of the sanitary sewer line herein described; 3. That the City does accept responsibility for the operation and maintenance of said.sanitary sewer line; 4. That the contractor construct the sanitary sewer line under the permit obtained.in conunction'with paragraph 1 hereinabove and shall assume the responsibility for any damage to the roadway resulting from the original construction of the sanitary sewer line herein described for period of one year after completion of initial14. Cp; EZ construction; �= 5. That after a'period of one year from.the completion of the initial construction of the sanitary sewer line herein described, aRamming MIN Ilan NMI to min, 'I. PHRMPhiP7r14197 (b) If the abutting property owners are not contiguous to the City of Pasco and therefore cannot annex either by themselves or through a combination of all other properties supporting annexation, said abutting property owners will be allowed to connect to the said sanitary sewer line described herein only upon entering into an agreement with the City of Pasco for annexation in the future (see attached agreement, by this reference incorporated herein and made a part hereof)., and (c) Upon payment to the Pasco City Treasurer the amount of Nine & 00/100 ($9.00) Dollars per front foot, plus one and one-half cent per square foot for those properties directly connecting to- the. -'- line'onRoad 36 and one and one-half cent per square foot for those the City will accept responsibility. for any damage to the roadway., ` resulting from the original,.'construction of the sanitary sewer line lines. This procedure will be followed for the line on Sylvester -Street, herein described; .and �' r as well. 6. That the property owners abutting the sanitary sewer line to be constructed residing in Franklin County and without the City of Pasco will be allowed to connect to.said sanitary sewer line under the subject to the following: (a) If the abutting property owners, or a combination thereof are contiguous to the boundaries of the City of Pasco and satisfy the legal requirements for annexation, they first annex to the City of Pasco; or (b) If the abutting property owners are not contiguous to the City of Pasco and therefore cannot annex either by themselves or through a combination of all other properties supporting annexation, said abutting property owners will be allowed to connect to the said sanitary sewer line described herein only upon entering into an agreement with the City of Pasco for annexation in the future (see attached agreement, by this reference incorporated herein and made a part hereof)., and 1 1 . RON 037W, s (c) Upon payment to the Pasco City Treasurer the amount of Nine & 00/100 ($9.00) Dollars per front foot, plus one and one-half cent per square foot for those properties directly connecting to- the. -'- line'onRoad 36 and one and one-half cent per square foot for those properties which indirectly connect to Road 36 through future public - lines. This procedure will be followed for the line on Sylvester -Street, as well. It is recognized that the Franklin County Boundary Review Board must approve annexation petitions or extensions of utility services of the City outside the City. Therefore the conditions outlined in. subparagraph (a) and (b) above are conditioned on the approval of the Franklin County Boundary Review Board. , IN WITNESS WHEREOF, the parties hereto have made and executed this agreement the day and year.first abo written. tten CITY OASCO ATTEST: By: eor D. Smith, City Manager Leo E. Olney, Ex Offic' City Clerk •+ APP OVED AS TO '' c Michael E. 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