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
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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
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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
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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
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",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.
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construction; �=
5. That after a'period of one year from.the completion of the
initial construction of the sanitary sewer line herein described,
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(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
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(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
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APP OVED AS TO ''
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Michael E. Cooper, ity.Attorney FRANKLIN COUNTX, WASHINGTON
'
,Q Com ssioner
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