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HomeMy WebLinkAbout3322 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO ,..33,D\ AN ORDINANCE 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, authonzing water and sewer revenue bonds and interim financing to pay the cost of carrying out a portion of the system or plan of additions to and betterments and extensions of the waterworks utility, and creating Utility Local Improvement District No 136 WHEREAS, the City of Pasco, Washington (the "City"), by Ordinance No 531, passed March 7, 1944, provided that the system of sewerage of the City, including all additions, extensions and betterments thereto, should be operated as a part of and as belonging to the waterworks utility of the City pursuant to the provisions of Chapter 193 of the Laws of 1941 of the State of Washington (RCW 35 67 320 et seq ) (the "Waterworks Utility"), and WHEREAS, by Ordinance No 3104, passed on August 21, 1995, the City Council adopted the City of Pasco Comprehensive Plan 1995-2015, including as a part thereof the City of Pasco Comprehensive Sewer Plan, November 1992 (the "Comprehensive Sewer Plan"), and WHEREAS, by Ordinance No 3239, passed on June 16, 1997, the City Council specified and adopted the Comprehensive Sewer Plan as the system or plan relating to sewers for the Waterworks Utility (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 of the City's sewer collection system to provide sewer service to areas of the City between Road 44 and Road 54 and between W Margaret Street and the Columbia River, also Agate Street between Road 40 and Road 42 as legally described in Exhibit A hereto by the construction of - 50060627 01 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"), as such Improvements are more particularly described on Exhibit B hereto, and WHEREAS, by Resolution No 2407 adopted November 2, 1998, the City Council declared its intention to initiate the formation of a utility local improvement district to be known and designated as Utility Local Improvement District No 136 of the City for the construction and installation of the Improvements, and fixed December 7, 1998, at 7 00 p m, local time, in the Council Chambers of the City Hall as the time and place for hearing all matters relating to the Improvements applicable to Utility Local Improvement District No 136 and for hearing all objections thereto and for determining the method of payment for the Improvements, and WHEREAS, the City Engineer caused an estimate to be made of the cost and expense of the proposed Improvements applicable to Utility Local Improvement District No 136 and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed Improvements, a description of the boundaries of the utility local improvement district and a statement of what portion of the cost and expense of the Improvements should be borne by the property within the proposed district, and WHEREAS, that estimate is accompanied by a diagram of the proposed Improvements showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed Improvements and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property, and WHEREAS, due notice of the above hearing was given in the manner provided by law (with additional notices correcting the description of one pipeline improvement being sent to the affected property owners), and the hearing was held by the City Council on the date and at the time above mentioned, and all objections to the proposed Improvements were duly considered and overruled by 50060627 01 -2- the City Council, and all persons appearing at such hearing and wishing to be heard were heard, and WHEREAS, the City Council has determined it to be in the best interests of the City that the Improvements as hereinafter descnbed be carried out and that a utility local improvement district be created in connection therewith, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows Section 1 The estimated cost of the acquisition, construction and installation of the Plan of the Improvements is declared to be, as nearly as may be, the amount of $586,500 in Unit A, $521,065 in Unit B and $82,800 in Unit C, and such estimated costs shall be met and defrayed from the proceeds received from the issuance and sale of water and sewer revenue bonds of the City in the total amount of approximately $1,190,365 Such water and sewer revenue bonds shall be supported by assessments to be levied and assessed against properties specially benefited by the improvements to be included in one or more utility local improvement distncts authorized to be created pursuant to the provisions of RCW 35 43 042 Section 2 The City shall issue one or more series of water and sewer revenue bonds at such times as the City Council shall deem advisable Such revenue bonds shall bear such designation as the City Council hereafter shall determine, shall be issued in such series, shall be in such form, shall bear such date or dates and interest rate or rates, shall be payable at such place or places, shall mature serially in accordance with such schedule beginning not earlier than one year after date of issuance and ending not later than [17] years thereafter, or shall be term bonds, shall have such option of paying prior to matunty, shall guarantee such coverage and collection of rates, shall provide for such additional funds and accounts, and shall contain and be subject to such provisions or covenants as hereafter shall be provided by ordinance The bonds shall be sold in such manner as the City Council shall deem to be in the best interest of the City The bonds shall be payable from 50060627 01 -3- the gross revenues of the Waterworks Utility and from the receipt of payments of assessments levied in Utility Local Improvement District No 136 herein created to support the payment of the bonds herein authorized to be issued and any panty bonds hereafter issued Section 3 In the judgment of the City Council, the gross revenues and benefits to be derived from the operation and maintenance of the Waterworks Utility and the Improvements herein provided, at the rates to be charged for utility services furnished, will be more than sufficient to meet all expenses of operation and maintenance thereof, debt service on outstanding Waterworks Utility obligations and to permit the setting aside into a special fund, out of the gross revenues of the Waterworks Utility in addition to the special assessments to be levied and collected in Utility Local Improvement District No 136 herein created to support the payment of the bonds herein authorized to be issued, of sufficient amounts to pay the principal of and interest on those bonds Section 4 The Finance Director is authonzed and directed to create and establish in his office a special fund to be known and designated as "Construction Fund - ULID No 136" (the "Construction Fund") for the sole purpose of paying the cost of carrying out the Improvements and of paying the costs and expenses connected therewith and into which fund shall be deposited the proceeds received from the issuance and sale of the bonds herein authorized to be issued The City, through its proper officers and agents, shall proceed with the making of those Improvements and the calling of bids therefor in the manner provided by law Pending the sale of the bonds herein authorized to be issued, the City may issue interest-bearing warrants drawn upon the Construction Fund to pay duly authorized and proper costs incurred in carrying out such Improvements, those warrants to bear such interest as may be agreed upon between the City and any bank or investment banking firm agreeing to make a market for such warrants and such warrants to be paid out of the proceeds received from the sale of the bonds herein authorized to be issued and from any other money available to the City in cash to finance the Improvements In the alternative, the City 50060627 01 -4- hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to chapter 39 50 RCW Money in the Construction Fund shall be invested until needed in any investments permitted to the City by law, but in no event shall any investment be made in any obligation maturing later than one year after the investment therein or later than such money is needed for the purpose of the Construction Fund, whichever is the lesser time, nor shall any investments exceed the applicable yield limitations imposed by Section 148 of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder relating to arbitrage Income from such investments shall be deposited in the Construction Fund Section 5 To carry out the Improvements there is created and established Utility Local Improvement District No 136 of the City of Pasco, Washington, consisting of three noncontiguous units (Units A, B and C) (the "Distnct"), the boundaries or territorial extent of which District are more particularly described in Exhibit B attached hereto Section 6 The enure cost and expense of the Improvements shall be borne by and assessed against the property specially benefited by such Improvements included in the District embracing as nearly as practicable all property specially benefited by such Improvements The assessments in the District shall be for the sole purpose of payment into the Water and Sewer Revenue and Refunding Bond Redemption Fund, 1991, if water and sewer revenue bonds authorized herein are issued on a panty of lien with the outstanding bonds payable from such fund or into a special bond redemption fund hereafter created for the payment of water and sewer revenue bonds to be issued by the City to provide the funds required to pay the cost and expense of carrying out the Improvements Section 7 In accordance with the provisions of RCW 35 44 047, the City may use any method or combination of methods to compute assessments which may be deemed to more fairly reflect the special benefits to the properties being assessed than the method provided by RCW 50060627 01 -5- 35 44 030, RCW 35 44 040 and RCW 35 44 045 It is the City's intention to compute assessments based on a single sewer service to each property included within the boundaries of the District If a property included within the District shall require additional service, that property shall be required to pay prior to any additional connection a charge in lieu of assessment which shall be at least the equivalent of the assessment which would have been applied to that property if that property had required the additional service at the time of confirmation of the final assessment roll for the District Section 8 No property, any portion of which is outside the District, may connect to those Improvements constructed or made a part of the District unless either that property shall have been subject to the special assessments on the assessment roll for that District or the owners of that property shall have paid prior to such connection a charge in lieu of assessment which shall be at least the equivalent of those assessments which would have been applied to that property had it been included within that District Section 9 Within 15 days of the passage of this ordinance there shall be filed with the Finance Director of the City the title of the improvement and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of such Improvements to be borne by each lot, tract or parcel of land The Finance Director shall immediately post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvement Section 10 This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law 50060627 01 -6- PASSED by the City Council and APPROVED by the Mayor of Pasco, Washington, at a regular open public meeting thereof, this 7 th day of December, 1998 ATTEST APPROVED AS TO FORM V.-----------1,1/4110.----- City Attorney 50 06062 70 1 -7-- EXHIBIT A DESCRIPTION OF IMPROVEMENTS WITHIN UL1D NO 136 SEWER COLLECTION LINES TO BE INSTALLED ON STREET FROM TO UNIT A Road 45 Nixon St 680' north of Nixon St Road 46 W Sylvester St W Margaret St Road 47 W Sylvester St 345' north of Nixon St Road 48 W Sylvester St 115' north of W Park St Road 50 W Sylvester St 225' north of Nixon St Nixon St Road 44 Road 47 Nixon St Road 48 380' west of Road 50 UNIT B Road 46 Road 47 Road 49 Road 52 Road 54 Irving St Irving St Irving St River Blvd On Easement in Alley W Sylvester St W Sylvester St W Sylvester St W Sylvester St W Sylvester St Road 49 Road 52 Road 52 Road 46 Serving Lots 2, 3, 4, 5 and 6 Of Aqua View Addition of City of Pasco River Blvd River Blvd 460' south of Irving St 335' south of Irving St 490' south of W Sylvester St 310' east of Road 49 655' east of Road 52 475' west of Road 52 Road 47 UNIT C Agate St Road 40 Road 42 LXHIB1T A du U.L.I.D. 136 EXHIBIT B UNIT A Beginning at the southeast corner of Lot 3, Ayers Addition, being the northwest corner of the intersection of Road 44 and Nixon Street, thence northerly along the east line of Lots 3, 4 and 5, Ayers Addition and Lot 4, Brenlind Addition, to the northeast corner of Lot 4, Brenhnd Addition, thence westerly along the north line of said Lot 4 to the northwest corner of said Lot 4, also being the southeast corner of Lot 6, Block 2, Brenlind Addition, thence northerly along the east line of Lots 6 and 1, Block 2, Brenlind Addition, to the northeast corner of Lot 1, Block 2, Brenlind Addition, thence westerly along the north line of said Lot 1 to a point, also being a point from the southerly projection of the east line of Lot 1, Short Plat 79-8, thence northerly along the southerly projection of the east line of said Lot 1 and the east line of Lot 1, Short Plat 79-8, to the northeast corner of Lot 1, Short Plat 79-8, thence westerly along the north line of Lot 1, Short Plat 79-8, to the northwest corner of said Lot 1, thence southerly along the west line of Lots 1 and 2, Short Plat 79-8, to the southwest corner of Lot 2, Short Plat 79-8, thence westerly along the north line of Lot 1, Block 1, Brenlind Addition, to the northwest corner of said Lot 1, thence southerly along the west line of said Lot 1, also being the east ROW line of Road 46, to a point being the easterly projection of the north line of Lot 7, Haag Addition, thence westerly along the easterly projection of the north line of said Lot 7 to the west ROW line of Road 46, and continuing westerly along the north line of said Lot 7, also being the north ROW line of W Margaret Street, to the northwest corner of said Lot 7, thence southerly along the west line of Lots 7 and 8, Haag Addition, to a point being the northeast corner of Lot 11, Haag Addition, thence westerly along the north line of Lots 11 and 12, Haag Addition, to the northwest corner of Lot 12, Haag Addition, thence southerly along the west line of Lots 12 and 13, Haag Addition, to a point being the northeast corner of Lot 1, Haag Addition, thence westerly along the north line of said Lot 1 to the northwest corner of said Lot 1, being the east ROW line of Road 48, thence continuing westerly along the projection of the north line of said Lot 1 to the west ROW line of Road 48, thence southerly along the west ROW line of Road 48 to the north ROW line of W Park Street, thence westerly along the north ROW line of W Park Street to a point being the northerly projection of the east line of Lot 2, Carol T Addition, thence southerly along the northerly projection of the east line of Lot 2 and the east line of Lot 2, Carol T Addition, also being the west ROW line of Road 48, to the northeast corner of Lot 3, Carol T Addition, thence westerly along the north line of Lots 3 and 4, Carol T Addition, and Lots 6, 7, 8, 9 and 10, Block 1, Lachtman Addition, to the northwest corner of said Lot 10, also being the east ROW line of Road 50, thence northerly along the west line of Lot 1, Block 1, Lachtman Addition to a point, being the easterly projection of the north line of Lot 3, Short Plat 75-1, thence westerly along the easterly projection of the north line of said Lot 3 to the northeast corner of said Lot 3, also being the west ROW line of Road 50, thence continuing westerly along the north line of Lots 3, 2 and 1 of Short Plat 75-1 and Lots 4 and 3 of Short ULID 136, Exhibit B Page 1 of 4 Plat 78-13 to the northwest corner of Lot 3, Short Plat 78-13, thence southerly long the west line of said Lot 3 to the southwest corner of said Lot 3, thence westerly along the north line of Lot 1, Short Plat 78-13, to the northwest corner of said Lot 1, also being a point in the east ROW line of Road 52, thence southerly along the west line of said Lot 1 to the southwest corner of said Lot 1, thence westerly along the north line of Lot 4, Short Plat 75-2, to the northwest corner of said Lot 4, thence southerly along the west line of Lots 4 and 1, Short Plat 75-2, also being the east ROW line of Road 52, to the southwest corner of Lot 1, Short Plat 75-2, also being the northeast corner of the intersection of Road 52 and W Sylvester Street, thence easterly along the south line of Lot 1, Short Plat 75-2, to the southeast corner of said Lot 1, thence northerly along the east line of said Lot 1 to the northeast corner of said Lot 1, thence easterly along the south line of Lot 4, Short Plat 75-2, to the southeast corner of said Lot 4, thence southerly along the line of a lot described as "the west 85 feet of the east 325 feet of the north 157 feet in Section 26, Township 9 North, Range 29 East, W M , of the south 292 feet of the SW4SW4NW4 and also the north 8 feet of west 82 feet of the east 322 feet of the SW4SW4NW4," to the southwest corner of above described lot, thence easterly along the south line of the above described lot to the southeast corner of said lot, thence northerly along the east line of the said lot to the northwest corner of a lot described as "the west 105 feet of the east 240 feet of the south 165 feet of the SW4SW4NW4 in Section 26, Township 9 North, Range 29 East, W M , excluding County road," thence easterly along the north line of said lot to the northeast corner of said lot, also being the northwest corner of a lot described as "the south 165 feet of the east 322 feet of the SW4SW4NW4 of Section 29, Township 9 North, Range 29 East, W M , excluding the west 190 feet thereof and less County roads," thence southerly along the west line of said lot to the southwest corner of said lot, thence easterly along the south line of the described lot and the easterly extension of the south line of the said lot and the south line of Lots 10 and 9, Block 2, Lachtman Addition, also being the north ROW line of W Sylvester Street, to the southeast corner of Lot 9, Block 2, Lachtman Addition, thence northerly long the east line of said Lot 9 to the northeast corner of said Lot 9, thence easterly along the south line of Lots 3, 4, and 5, Block 2, Lachtman Addition, to the southwest corner of Lot 5, Carol T Addition, thence southerly along the east line of Lot 8, Carol T Addition to the southwest corner of said Lot 8, also being the north ROW line of W Sylvester Street, thence easterly along the north ROW line of W Sylvester Street past Road 48, Road 47, and Road 46 and continuing to the southwest corner of Lot 1, Ayers Addition, thence northerly along the west line of Lots 1 and 2, Ayers Addition to the northwest corner of Lot 2, Ayers Addition, thence easterly along the north line of Lot 2, Ayers Addition to the northeast corner of said Lot 2, also being the west ROW line of Road 44, thence northerly along the west ROW line of Road 44 to the point of beginning UNIT B Beginning at the northeast corner of Lot 1, Klopfenstem Subdivision, also being the southwest corner of W Sylvester Street and Road 45, thence westerly along the ULID 136, Exhibit B Page 2 of 4 south ROW line of W Sylvester Street to the southwest corner of the intersection of W Sylvester Street and Road 46, thence southerly along the west ROW line of Road 46 to a point being 7 feet northerly of the southeast corner of Lot 1, Short Plat 79-3, thence westerly along a line 7 feet northerly of the south line of Lot 1, Short Plat 79- 3 to a point being 7 feet northerly of the southwest corner of Lot 1, short Plat 79-3, thence northerly along the west line of said lot 1 to the northwest corner of said Lot 1, thence westerly along the south line of Lot 3, Short Plat 77-15 to the southwest corner of said Lot 3, thence northerly along the west line of said Lot 3 approximately 42 feet to a corner of said Lot 3, thence easterly along line of said Lot 3 approximately 32 feet to a corner of said Lot 3, thence northerly along the westerly line of Lot 3, Short Plat 77-16, to the northwest corner of said Lot 3, also being a point in the south ROW line of W Sylvester, thence westerly along the south ROW line of W Sylvester, past Lot 1, Short Plat 77-16,and Road 47 and Lot 14, Bailie Subdivision, to the northwest corner of Lot 14, Bailie Subdivision, thence southerly along the west line of Lots 14 and 13, Bailie Subdivision, to the southwest corner of Lot 13, Bailie Subdivision, also being the southeast corner of Lot 3, Leeper Subdivision, thence westerly along the south line of Lots 3 and 2, Leeper Subdivision, also being the north ROW line of Irving Street, to the southwest corner of Lot 2, Leeper Subdivision, thence northerly along the west line of said Lot 2, to the northwest corner of said Lot 2 also being the south ROW line of W Sylvester Street, thence westerly along the south ROW line of W Sylvester Street, past Road 49, continuing westerly to the northwest corner of Lot 21, Aquaview Addition, thence southerly along the west line of said Lot 21 to the southwest corner of said Lot 21, thence westerly along the south line of Lots 20 and 19, Aquaview Addition, to the southwest corner of Lot 19, Aquaview Addition, thence northerly along the west line of said Lot 19 to the northwest corner of said Lot 19, also being the south ROW line of W Sylvester Street, thence westerly along the south ROW line of W Sylvester Street past Road 52 and continuing westerly to the northeast corner of Lot 2, Johnson's Subdivision, thence southerly along the east line of said Lot 2 to the southeast corner of said Lot 2, thence westerly along the south line of Lots 2 and 1, Johnson's Subdivision, to the southwest corner of Lot 1, Johnson's Subdivision, also being along the east line of Lot 2, Short Plat 75-4, thence northerly along the east line of said Lot 2, to the northeast corner of said Lot 2, thence westerly along the north line of said Lot 2, to the northwest corner of said Lot 2, also being the southwest corner of Lot 1, Short Plat 75-4, thence northerly along the west line of said Lot 1 to the northwest corner of said Lot 1, also being the south ROW line of W Sylvester Street, thence westerly along the south ROW line of W Sylvester Street to the southwest corner of the intersection of W Sylvester Street and Road 54, thence southerly along the west ROW line of Road 54 to a point that is the westerly projection of the south line of the lot described as, "#4 portion of Government Lot 4 in Section 27, Township 8 North, Range 29 East, W M, commencing at the Northeast corner of Government Lot 4, thence N89°33'58" W along line of said Lot 4, 692 8 feet, thence S1°17'17W", 234 56 feet, thence S21°43'59"W, 57 8 feet, thence S21°41'09"W, 12 5 feet to the True Point of Beginning, thence continuing S21°41'09"W, 188 35 feet, thence along McNary Reservoir Taking Line by the following bearings and distances, S88°39'59"E, 70 feet, S82°32'E, 18 2 feet, S82°35'E, ULID 136, Exhibit B Page 3 of 4 117 5 feet, S44°25'E, to its intersection with the west line of Johnson's Subdivision 13 4 feet, thence N1°17'17"E, along said west line 202 85 feet, thence N89°33'58"W, 148 85 feet to the True Point of Beginning", thence easterly along the westerly projection of the south line of the said lot to the southwest corner of said lot, also being on the United States Government Taking Line, thence easterly along the United States Government Taking Line past Road 52, past the southerly projections of Road 49, Road 47 and Road 46 to a point being the southeast corner of Lot 7, Bailie Subdivision, thence northerly along the east line of Lots 7,6,5,4, 3 and 2 to a point, also being a point 85 feet northerly of the southwest corner of Lot 2, Klopfenstein Addition, thence easterly along a line being 85 feet northerly of the south line of said Lot 2 to a point being 85 feet northerly of the southeast corner of said Lot 2, thence northerly along the east line of Lots 2 and 1, Klopfenstein Addition, to the point of beginning UNIT C Beginning at the southeast corner of Lot 37, Palmer Addition, also being the northwest corner of the intersection of Road 40 and W Agate Street, thence northerly along the east line of Lot 37, Palmer Addition, to the northeast corner of said Lot 37, thence westerly along the north line of Lots 37, 36, 35, 34, 33 and 32 and continuing westerly across Road 42 to the northeast corner of Lot 12, Davis Addition, thence southerly along the east line of Lot 12, Davis Addition, continuing southerly along the west ROW line of Road 42 and along the east line of Lot 8, Block 2, Cline Addition, to the southeast corner of Lot 8, Block, 2, Clime Addition, thence easterly across Road 42 to the northwest corner of Lot 1, Short Plat 84-4, thence westerly along the north line of Lots 1 and 2, Short plat 84-4, to the northeast corner of Lot 2, Short Plat 84-4, thence southerly along the east line of said Lot 2 to the southeast corner of said Lot 2, also being the southwest corner of Lot 4, Short Plat 77-1, thence easterly along the south line of Lot 4, Short Plat 77-1, to the southeast corner of Lot 4, Short Plat 77-1, thence northerly along the east line of Lot 4, Short Plat 77-1, to the southwest corner of Lot 1, Block 1, Mottners 2 nd Addition, thence easterly along the south line of Lots 1, 2 and 3, Block 1, Mottners 2" Addition, to a point being 24 feet easterly of the southwest corner of Lot 2, Block 1, Mottners 2" Addition, thence northerly along a line being 24 feet easterly of the east line of said Lot 2 to a point being 24 feet easterly of the northeast corner of said Lot 2, also being a point in the south ROW line of W Agate Street, thence easterly along the north line of Lot 3, Block 1, Mottners 2 nd Addition, to the west ROW line of Road 40, also being the northeasterly corner of said Lot 3, thence northerly along the west ROW line of Road 40 to the point of beginning UL ID 136, Exhibit B Page 4 of 4 - --- W. PEARL ST W PEARL ST I LJL WMPAL ST_ 1_1V OPT/ sr UNIT [C F ------ winTsr sr U.L.I.D. 136 Boundries 1_ _ ____ _J _ _ ____ 1 i i J FI Ntr PL DI L w WIRY IT- W IAARGARET ST 1 r - NixstE*0.--/ _.J L._ w PARK W MARGARET L___ SYLVESTER ST =REM _ UMBH1 — EaSSEVZ 1. 17 Z.= — _ SUBSCRIBE AND SWORN BEFORE ME THIS DAY OF P E -AttO f' 0 BOX 2608 A--t-,_. _-_-_-h5ASCO, WASHINGTON 99302 2608 0 ------ PHONE (509) 582-1500 LE L AOVEOT1161102 INVOICE SOLD TO PASCO CITY OF LEGALS PO BOX 293 PASCO WA 99301 DATE 12/13/1998 LEGAL NO #1739 ACCOUNT NO 1922 DESCRIPTION #1739 ORDINANCE 3322 TIMES 1 LINES 84 0" 'TOTAL 1 06 3 44 NOTOCEE This is an Invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFF8DAYllY OF PagE3111uTOO COUNTY OF BENTON kfr SS STATE OF WASHINGTON Eboni K Twitty , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a #1739 ORDINANCE 3322 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a sup 1plement thereof, time(s), commencing on 1211311998 , and ending on 12/13/1998 , and that said newspaper was regulary distributed to its subscribers during all of this period 4,24;e0:X/j th tt/ Notary public in and for e Sta of Wash- ington, residing at Richland COMMISSION EXPIRES 08/1 2_00n E C 1.1 1E 1,1' i 1990 FINANCE 11 E PT CITY OF PASCO, WASHINGTON ORDINANCE NO 3322 AN ORDINAIVCE relating to the waterworks utility of the City including the anitary sewerage systnm and tht'system 3f storm or surface water sewers as a part thereof authorizing water and sewer revenue bonds and interim financing to pay the cost of carrying out a portion of the system or plan of additions to and bettements and extensions of the waterworks utility and creating Utility Local improvement District No 136 WHEREAS the City of Pasco Washington (the City ) by Ordinance No 531 passed March 7 1944 provided that the system of sewerage of the City including all additions extensions and betterments thereto should be operated as a part of and as belonging to the waterworks utility of the City pursuant to the provisions of Chapter 193 of the Laws of 1941 of the State of Washington (RCW 35 67 320 et seq ) (the Waterworks Utility ) and WHEREAS by Ordinance No 3104 passed on August 21 1995 the City Council adopted the City of Pasco Comprehensive Plan 1995 2015 including as a part thereof the City of Pasco Comprehensive Sewer Plan November 1992 (the Comprehensive Sewer Plan ) and WHEREAS by Ordinance No 3239 passed on June 16 1997 the City Council specified and adopted the Comprehensive Sewer Plan as the system or plan relating to sewers for the Waterworks Utility (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 of the City s sewer collection system to provide sewer service to areas of the City between Road 44 and Road 54 and between W Margaret Street and the Columbia River also Agate Street between Road 40 and Road 42 as legally described In Exhibit A hereto by the construction of 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 ) as such Improvements are more particularly described on Exhibit B hereto and WHEREAS by Resolution No 2407 adopted November 2 1998 the City Council declared its intention to initiate the formation of a utility local improvement district to be known and designated as Utility Local Improvement District No 136 of the City for the construction and installation of the Improvements and fixed December 7 1998 at 7 00 p m local time In the Council Chambers of the City Hall as the time and place for hearing all matters relating to the Improvements applicable to Utility Local Improvement District No 136 and for hearing all objections thereto and for determining the method of payment for the Improvements and WHEREAS the City Engineer caused an estimate to be made of the cost and expense of the proposed Improvements applicable to Utility Local Improvement District No 136 and certified that estimate to the City Council together with all papers and Information in his possession touching the proposed Improvements a description of the boundaries of the utility local improvement district and a statnment of what portion of the cost and expense of the Improvements should be borne by the prop:My within the proposed district and WHEREAS that estimate is accompanied by a diagram of the proposed Improvements showing thereon the lots Yacts parcels of land and other pr operty which will be specially benefited by the proposed ircfprovements and the estimated cost and expense thereof to be borne by each lot tract and parcel of land or other property, and WHEREAS due notice of the above hearing was given in the manner provided by law (with additional notices correcting the description of one pipeline improvement being sent to the affected property owners) and the hearing was held by the City Council on the date and at the time above mentioned and all objections to the proposed Improvements were duly considered and overruled by the City Council and all persons appearing at such hearing and wishing to be heard were heard and WHEREAS the City Council has determined it to be In the best interests of the City that the Improvements as hereinafter described be carried out and that a utility local improvement district be created in connection therewith NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO ORDAIN as follows Section 1 The estimated cost of the acquisition construction and installation of the Plan of the Improvements is declared to be as nearly as may be the amount of $588 500 In Unit A $521 085 in Unit B and $82 80 in Unit C and such estimated costs shall be met and defrayed from the proceeds received from the issuance and sale of water and sewer revenue bonds of the City in the total amount of approximately $1 190 365 Such water and sewer revenue bonds shall be supported by assessments to be levied and assessed against properties specially benefited by the Imprbvements to be included In one or more utility local improvement districts authorized to be created pursuant to the provisions of RCW 35 43 042 Section 2 The City shall issue one or more series of water and sewer revenue bonds at such times as the City Council shall deem advisable Such revenue bonds shall bear such designation as the City Council hereafter shall determine shall be issued in such series shall be In such form shall bear such date or dates and Interest rate or rates shall be payable at such place or places shall mature serially in accordance with such schedule beginning not earlier than one year after date of issuance and ending not later than [17) years thereafter or shall be term bonds shall have such option of paying prior to maturity shall guarantee such coverage and collection of rates shall provide for such additional funds and accounts and shall contain and be subject to such provisions or covenants as hereafter shall be provided by ordinance The bonds shall be sold in such manner as the City Council shall deem to be in the best Interest of the City The bonds shall be payable from the gross revenues of the Waterworks Utility and from the receipt of payments of assessments levied In Utility Local improvement District No 138 herein created to support the payment of the bonds herein authorized to be issued and any parity bonds hereafter issued Section 3 In the judgment of the City Council the gross revenues and benefits to be derived from the operation and maintenance of the Waterworks Utility and the Improvements herein provided at the rates to be charged for utility services furnished will be more than sufficient to meet all expenses of operation and maintenance thereof, debt service on outstanding Waterworks Utility obligations and to permit the setting aside into a special fund out of the gross revenues of the Waterworks Utility in addition to the special assessments to be levied and collected in Utility Local Improvement District No 136 herein created to support the payment of the bonds herein authorized to be issued of sufficient amounts to pay the principal of and Road 47 W Sylvester St River Blvd 4 Road 49 W Sylvester St 460 south of Irving St Road 52 W Sylvester St 335 sputh of Irving St Road 54 W Sylvester St 490 south of W Sylvester St Irving St Road 49 310 east of Road 49 Irving St Road 52 655 east of Road 52 Irving St Road 52 475 west of Road 52 River Blvd Road 46 Road 47 On Easement in Alley Serving Lots 2 3 4 5 and 6 Of Aqua View Addition of City of Pasco Agate St UNIT C Road 40 Road 42 ULID 136 EXHIBIT B UNIT A Beginning at the southeast corner of Lot 3 Ayers Addition being the northwest corner of the intersection of Road 44 and Nixon Street thence northerly along the east line of Lots 3 4 and 5 Ayers Addition and Lot 4 Brenlind Addition to the northeast corner of Lot 4 Brenlind Addition thence westerly along the north line of said Lot 4 to the northwest corner of said Lot 4 also being the southeast corner of Lot 6 Block 2 Brenlind Addition thence northerly along the east line of Lots 6 and 1 Block 2 Brenlind Addition to the northeast corner of Lot 1 Block 2 Brenlind Addition thence westerly along the north line of said Lot 1 to a point also being a point from the southerly projection of the east line of Lot 1 Short Plat 79 8 thence northerly along the southerly projection of the east line of said Lot 1 and the east line of Lot 1 Short Plat 'n 8 to the northeast corner of Lot 1 Short Plat 79 8 thence westerly along the north line of Lot 1 Short Plat 79 8 to the northwest corner of said Lot 1 thence southerly along the west line of Lots 1 and 2 Short Plat 79 8 to the southwest corner of Lot 2 Short Plat 79 8 thence westerly along the north line of Lot 1 Block 1 Brenlind Addition to the northwest corner of said Lot 1 thence southerly along the west line of said Lot 1 also being the east ROW line of Road 46 to a point being the easterly projection of the north line of Lot 7 Haag Addition thence westerly along the easterly projection of the north line of said Lot 7 to the west ROW line of Road 46 and continuing westerly along the north line of said Lot 7 also being the north ROW line of W Margaret Street to the northwest corner of said Lot 7 thence southerly along the west line of Lots 7 and 8 Haag Addition to a point being the northeast corner of Lot 11 Haag Addition thence westerly along the north line of Lots 11 and 12 Haag Addition to the northwest corner of Lot 12 Haag Addition thence southerly along the west line of Lots 12 and 13 Haag Addition to a point being the northeast corner of Lot 1 Haag Addition thence westerly along the north line of said Lot 1 to the northwest corner of said Lot 1 being the east ROW line of Road 48 thence continuing westerly along the projection of the north line of said Lot 1 to the west ROW line of Road 48 thence southerly along the west ROW line of Road 48 to the north ROW line of W Park Street thence westerly along the north ROW line of W Park Street to a point being the northerly projection of the east line of Lot 2 Carol T Addition thence souther'y along the northerly projection of the east line of Lot 2 and the east line of Lot 2 Carol T Addition also being the west ROW line of Road 48 to the northeast corner of Lot 3 Carol T Addition thence westerly along the north line of Lots 3 and 4 Carol T Addition and Lots 6 7 8 9 and 10 Block 1 Lachtman Addition to the northwest corner of said Lot 10 also being the east ROW line of Road 50 thence northerly along the west line of Lot 1 Block 1, Lachtman Addition to a point being the easterly projection of the north line of Lot 3 Short Plat 75 1 thence westerly along the easterly projection of the north line of said Lot 3 to the northeast corner of said Lot 3 also being the west ROW line of Road 50 thence continuing westerly along the north line of Lots 3 2 and 1 of Short Plat 75 1 and Lots 4 and 3 of Short Plat 78 13 to the northwest corner of Lot 3 Short Plat 78 13 thence southerly long the west line of said Lot 3 to the southwest corner of said Lot 3 thence westerly along the north line of Lot 1 Short Plat 78 13 to the northwest corner of said Lot 1 also being a point in the east ROW line of Road 52 thence southerly along the west line of said Lot 1 to the southwest corner of said Lot 1 thence westerly along the north line of Lot 4 Short Plat 75 2 to the northwest corner of said Lot 4 thence southerly along the west line of Lots 4 and 1 Short Plat 75 2 also being the east ROW line of Road 52 to the southwest corner of Lot 1 Short Plat 75 2 also being the northeast corner of the intersection of Road 52 and W Sylvester Street thence easterly along the south line of Lot 1 Short Plat 75 2 to the southeast corner of said Lot 1 thence northerly along the east line of said Lot 1 to the northeast corner of said Lot 1 thence easterly along the south line of Lot 4 Short Plat 75 2 to the southeast corner of said Lot 4, thence southerly along the line of a lot described as ' the west 85 feet of the east 325 feet of the north 157 feet in Section 26 Township 9 North Range 29 East, W M of the south 292 feet of the SW4SW4NW4 and also the north 8 feet of \ west 82 feet of the east 322 feet of the SW4SW4NW4,' to the I southwest corner of above described lot thence easterly along the south line of the above described lot to the southeast corner of said lot thence northerly along the east Ilne of the said lot to the northwest corner of a lot described as the west 105 feet of the east 240 feet of the south 185 feet of the SW4SW4NW4 In Section 28 Township 9 North Range 29 East W M , excluding County road thence easterly along the north line of said lot to the northeast corner of said lot also being the northwest corner of a lot described as the south 165 feet of the east 322 feet of the SW4SW4NW4 of Section 29 Township 9 North Range 29 \ East W M excluding the west 190 feet thereof and less County' roads thence southerly along the west line of said lot to the southwest corner of said lot thence easterly along the south line of the described lot and the easterly extension of the south line of the said lot and the south line of Lots 10 and 9 Block 2 Lachtman Addition also being the north ROW line of W Sylvester Street, to the southeast corner of Lot 9 Block 2 Lachtman Addition thence northerly long the east line of said Lot 9 to the northeast corner of said Lot 9 thence easterly along the south line of Lots 3 4 and 5 Block 2 Lachtman Addition to the southwest corner of Lot 5 Carol T Addition, thence southerly along the east line of Lot 8 Carol T Addition to the southwest corner of said Lot 8 also being the north ROW line of W Sylvester Street thence easterly along the north ROW line of W Sylvester Street past Road 48 Road 47 and Road 48 and continuing to the southwest corner of Lot 1, Ayers Addition thence northerly along the west line of Lots 1 and 2 Ayers Addition to the northwest corner of Lot 2,Ayers Addition thence easterly along the north line of Lot 2 Ayers Addition to the northeast corner of said Lot 2 also being the west ROW line of Road 44 thence northerly along the west ROW line of Road 44 to the point of beginning t tO 0 .C. VT I 41 TVOC, WIND Section 4 The Finance Director is authorized and directed to create and establish In his office a special fund to be known and designated as Construction Fund ULID No 136 (t'le Construction Fund ) for the sole purpose of paying the cost of carrying out the Improvements and of paying the costs and expenses connected therewith and into which fund shall be depesited the proceeds received from the Issuance and sale of the bonds herein authorized to be Issued The City through its proper officers and agents shall proceed with the making of those Improvements and the calling of bids therefor in the manner provided by law Pending the sale of the bonds herein authorized to be issued the City may issue interest bearing warrants drawn upon the Construction Fund to pay duly authorized and proper costs incurred in carrying out such improvements those warrants to bear such interest as may be agreed upon between the City and any bank or investment banking firm agreeing to make a market for such warrants and such warrants to be paid out of the proceeds received from the sale of the bonds herein authorized to be issued and from any other money available to the City In cash to finance the Improvements In the alternative, the City hereafter may provide by ordinance for the Issuance of other short term obligations pursuant to chapter 39 50 RCW Money in the Construction Fund shall be invested until needed In any investments permitted to the City by law but in no event shall any investment be made in any obligation maturing later than one year after the investment therein or later than such money is needed for the purpose of the Construction Fund whichever Is the lesser time nor shall any investments exceed the applicable yield limitations imposed by Section 148 of the Internal Revenue Code of 1986 as amended and applicable regulations thereunder relating to arbitrage Income from such investments shall be deposited in the Construction Fund Section 5 To carry out the Improvements there is created and established Utility Local implovement District No 136 of the City of Pasco Washington consisting of three noncontiguous units (Units A B and C) (the District ) the boundaries or territorial extent of which District are more particularly described in Exhibit B attached hereto Section 6 The entire cost and expense of the Improvements shall be borne by and assessed against the property specially benefited by such Improvements included in the District embracing as nearly as practicable all property specially benefited by such Improvements The assessments in the District shall be for the sole purpose of payment into the Water and Sewer Revenue and Refunding Bond Redemption Fund 1991 if water and sewer revenue bonds authorized herein are Issued on a parity of lien with the outstanding bonds payable from such fund or into a special bond redemption fund hereafter created for the payment of water and sewer revenue bonds to be issued by the City to provide the funds required to pay the cost and expense of carrying out the Improvements Section 7 In accordance with the provisions of RCW 35 44 047 the City may use any method or combination of methods to compute assessments which may be deemed to more fairly reflect the special benefits to the properties being assessed than the method provided by RCW 35 44 030 RCW 35 44 040 and RCW 35 44 045 It is the City s intention to compute assessments based on a single sewer service to each property included within the boundaries of the District If a property included within the District shall require additional service that property shall be required to pay prior to any additional connection a charge in lieu of assessment which shall be at least the equivalent of the assessment which would have been applied to that property I , that property had required the additional service at the time of confirmation of the final assessment roll for the District Section 8 No property any portion of which is outside the District may connect to those improvements constructed or made a part of the District unless either that property shall have been subject to the special assessments on the assessment roll for that District or the owners of that property shall have paid prior to such connection a charge in lieu of assessment which shall be at least the equivalent of those assessments which would have been applied to that property had it been included within that District Section 9 Within 15 days of the passage of this ordinance there shall be filed with the Finance Director of the City the title of the improvement and District number a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of such Improvements to be borne by each lot tract or parcel of land The Finance Director shall immediately post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvement Section 10 This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law PASSED by the City Council and APPROVED by the Mayor of Pasco Washington at a regular open public meeting thereof this 7th day of December 1998 Charles D Kilbury Mayor I ATTEST m Catherine D Seaman Deputy City Clerk a APPROVED AS TO FORM a Leland B Kerr City Attorney EXHIBIT A DESCRIPTION OF IMPROVEMENTS WITHIN ULID NO 136 SEWER COLLECTION LINES TO BE INSTALLED ON STREET FROM IQ UNIT A Road 45 Nixon St 680 north of Nixon St Road 46 W Sylvester St W Margaret St Road 47 W Sylvester St 345 north of Nixon St Road 48 W Sylvester St 115 north of W Park St Road 50 W Sylvester St 225 north of Nixon St Nixon St Road 44 Road 47 Nixon St Road 48 380 west of Road 50 i ‘, UNIT B Road 46 W Sylvester St River Blvd UNITB Beginning at the northeast corner of Lot 1 Klopfenstein Subdivision also being the southwest corner of W Sylvester Street and Road 45 thence westerly along the south ROW line of W Sylvester Street to the southwest corner of the Intersection of W Sylvester Street and Road 46 thence southerly along the west ROW line of Road 46 to a point being 7 feet northerly of the southeast corner of Lot 1 Short Plat 79 3 thence westerly along a line 7 feet northerly of the south line of Lot 1 Short Plat 79 3 to a point being 7 feet northerly of the southwest corner of Lot 1 short Plat 79 3 thence northerly along the west line of said lot 1 to the northwest corner of said Lot 1 thence westerly along the south line of Lot 3 Short Plat 77 15 to the southwest corner of said Lot 3 thence northerly along the west line of said Lot 3 approximately 42 feet to a corner of said Lot 3, thence easterly along line of said Lot 3 approximately 32 feet to a corner of said Lot 3, thence northerly along the westerly line of Lot 3 Short Plat 77 16 to the northwest corner of said Lot 3 also being a point In the south ROW line of W Sylvester thence westerly along the south ROW line of W Sylvester past Lot 1 Short Plat 77 16 and Road 47 and Lot 14 Bailie Subdivision to the northwest corner of Lot 14 Bailie Subdivision thence southerly along the west line of Lots 14 and 13 Bailie Subdivision, to the southwest corner of Lot 13 Bailie Subdivision also being the southeast corner of Lot 3 Leeper Subdivision thence westerly along the south line of Lots 3 and 2 Leeper Subdivision also being the north ROW line of Irving Street tp the southwest corner of Lot 2 Leeper Subdivision thence northerly along the west line of said Lot 2 to the northwest corner of said Lot 2 also being the south ROW line of W Sylvester Street thence westerly along the south ROW line of W Sylvester Street past Road 49 continuing westerly to the northwest corner of Lot 21 Aquaview Addition thence southerly along the west line of said Lot 21 to the southwest corner of said Lot 21 thence westerly along the south line of Lots 20 and 19 Aquaview Addition to the southwest corner of Lot 19 Aquaview Addition thence northerly along the west line of said Lot 19 to the northwest corner of said Lot 19 also being the south ROW line of W Sylvester Street thence westerly along the south ROW line of W Sylvester Street past Road 52 and continuing westerly to the northeast corner of Lot 2 Johnson s Subdivision thence southerly along the east line of said Lot 2 to the southeast corner of said Lot 2 thence westerly along the south line of Lots 2 and 1 Johnson s Subdivision to the southwest corner of Lot 1 Johnson s Subdivision also being along the east line of Lot 2 Short Plat 75 4 thence northerly along the east line of said Lot 2 to the northeast corner of said Lot 2 thence westerly along the north line of said Lot 2 to the northwest corner of said Lot 2 also being the southwest corner of Lot 1 Short Plat 75 4 thence northerly along the west line of said Lot 1 to the northwest corner of said Lot 1 also being the south ROW line of W Sylvester Street thence westerly along the south ROW line of W Sylvester Street to the southwest corner of the intersection of W Sylvester Street and Road 54 thence southerly along the west ROW line of Road 54 to a point that is the westerly projection of the south line of the lot described as #4 portion of Government Lot 4 In Section 27 Township 8 North Range 29 East W M commencing at the Northeast corner of Government Lot 4 thence N89°33 58 W along line of said Lot 4 692 8 feet thence S1°17 17W 234 56 feet thence S21°43 59 W 57 8 feet thence S21°41 09 W 12 5 feet to the True Point of Beginning thence continuing S21°41 09 W 188 35 feet thence along McNary Reservoir Taking Line by the following bearings and distances S88°39 59 E 70 feet S82°32 E 18 2 feet S82°35 E 117 5 feet S44°25 E to its intersection with the west line of Johnson s Subdivision 13 4 feet thence N1°17 17 E along said west line 202 85 feet thence N89°33 58 W 148 85 feet to the True Point of Beginning thence easterly along the westerly projection of the south line of the said lot to the southwest corner of said lot also being on the United States Government Taking Line thence easterly along the United States Government Taking Line past Road 52 past the southerly projections of Road 49 Road 4, and Road 46 to a point being the southeast corner of Lot 7 Bailie Subdivision thence northerly along the east line of Lots .1 7 6 5 4 3 and 2 to a point also being a point 85 feet northerly of 4 the southwest corner of Lot 2 Klopfenstein Addition thence s easterly along a line being 85 feet northerly of the south line of'l said Lot 2 to a point being 85 feet northerly of the southeast,l corner of said Lot 2 thence northerly along the east line of Lots,i1 2 and 1 Klopfenstein Addition to the point of beginning 611 UNIT C ,a Beginning at the southeast corner of Lot 37 Palmer Addition d also being the northwest corner of the intersection of Road 4041 and W Agate Street thence northerly along the east line of Lotid 37 Palmer Addition to the northeast corner of said Lot 37 v thence westerly along the north line of Lots 37 36 35 34 33 and 32 and continuing westerly across Road 42 to the northeast corner of Lot 12 Davis Addition thence southerly along the east line of Lot 12 Davis Addition continuing southerly along the west ROW line of Road 42 and along the east line of Lot 8 — Block 2 Cline Addition to the southeast corner of Lot 8 Block — 2 Cline Addition thence easterly across Road 42 to the northwest corner of Lot 1 Short Plat 84 4 thence westerly along the north line of Lots 1 and 2 Short plat 84 4 to the northeast corner of Lot 2 Short Plat 84 4 thence southerly along the east line of said Lot 2 to the southeast corner of said Lot 2 also being the southwest corner of Lot 4 Short Plat 77 1 thence easterly along the south line of Lot 4 Short Plat 77 1 to N the southeast corner of Lot 4 Short Plat 77 1 thence northerly — along the east line of Lot 4 Short Plat 77 1 to the southwest corner of Lot 1 Block 1 Mottners 2nd Addition thence easterly along the south line of Lots 1 2 and 3 Block 1 Mottners 2nd Addition to a point being 24 feet easterly of the southwest corner of Lot 2 Block 1 Mottners 2nd Addition thence northerly along a line being 24 feet easterly of the east line of said Lot 2 to a point being 24 feet easterly of the northeast corner of said Lot 2 also being a point in the south ROW line of W Agate d Street thence easterly along the north line of Lot 3 Block 1 — Mottners 2nd Addition to the west ROW line of Road 40 also being the northeasterly corner of said Lot 3 thence northerly along the west ROW line of Road 40 to the point of beginning #1739 12/13/98 , t 1