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HomeMy WebLinkAbout2322 ResolutionCITY OF PASCO, WASHINGTON RESOLUTION NO 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, declarmg its intention to initiate the formation of Utility Local Improvement District No 133 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 of sewer service to an area of the City between Court Street and Pearl Street from Road 36 to Road tp5 iirzt, 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, 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 relatmg 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 0296036 02 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 the area of the City C40,3 between Court Street and Pearl Street from Road 36 to Road /4, and WHEREAS, to facilitate the financing of the expansion and extension of sewer service to the area of the City between Court Street and Pearl Street from Road 36 to Road 34 through the issuance of water and sewer revenue bonds as contemplated by the Sewer Comprehensive Plan, the City Council has determined it to be in the best interests of the City that a utility local improvement district be created in connection with that portion of the System or Plan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, as follows 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 to an area of the City between Court Street and Pearl Street from 0.os Road 36 to Road q4 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 that area, as such improvements are more particularly described in Exhibit A hereto (the "Improvements") All of the foregoing Improvements shall be m accordance with the plans and specifications therefor prepared by the City Engineer, and may be modified by the City as long as such modification does not affect the purpose of the Improvements or the System or Plan 2 To carry out the Improvements there shall be formed a utility local improvement district to be known and designated as Utility Local Improvement District ("ULID") No 133 of 0296036 02 -2- the City of Pasco, Washington, the boundaries of which are descnbed m Exhibit B, attached hereto and incorporated herein by this reference 3 The total estimated cost and expense of the Improvements within ULID No 133 is _ declared to be, as near as may be $562,950 00, the entire cost and expense of which shall be borne by and assessed against the property included within proposed ULID No 133, which district embraces as nearly as practicable all property specially benefited by such Improvements Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the Improvements add to the property The assessments m ULID No 133 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 133 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 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 Franldin County Assessor at the address 0296036 02 -3- shown thereon, as required by law The City Clerk also is authonzed 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 heanng to the owner or reputed owner of the property as shown on the rolls of the Franklin County Assessor at the address shown thereon, as required by law This resolution also shall be published in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public heanng 5 All persons who may desire to object to the Improvements described herein and to the _ formation of ULID No 133 are notified to appear and present such objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Pasco, Washington, at 7 30 p m, local time, on August 18, 1997, which time and place are fixed for hearing all matters relating to the proposed improvements and all objections thereto and for determining the method of payment for those Improvements All persons who may desire to object thereto should appear and present their objections at such hearing Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordenng 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 0296036 02 -4- 6 The City Engineer is directed to submit to the City Council on or prior to August 18, 1997, 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 21st day of July, 1997 / :n(//114. Mayor ATTEST City Clerk FORM APPROVED City Attorney 0296036 02 -5- EXHIBIT A SEWER CONSTRUCTION AND/OR OVERLAY U.L.I.D. 133 Street From To Ruby Road 44 Road 40 Agate Road 44 Road 42 Opal Road 44 Road 40 Opal Place Road 36 End of Cul-de-sac West Pearl Road 44 Road 42 Road 40 Court Pearl EXHIBIT B U.L.I.D. 133 Beginning at the northwest corner of Lot 5 Block 1, Cline Addition, thence east along the north line of said Lot 5 to a point 77 07 feet west of the northeast corner thereof, thence south along a line 77 07 feet west of and parallel to the east line of said Lot 5 to the south line of said Lot 5, thence east along the north lines of Lots 4, 3, 2, and Lot 1 to the west right-of-way line of Road 42, thence north along the west right-of-way line of Road 4 2 to the intersection of the westerly extension of the south line of Lot 31, Plat of Palmer Addition, thence east along said south line extended and continuing east along the south lines of Lots 31, 30, 29, 28, 27, and 26 to the west right-of-way line of Road 40, thence south along the west right- of-way line of Road 40 to the north line of Agate Street, thence west along the north line of Agate Street to a point 76 feet west of the west right-of- way line of Road 40, thence south along a line 76 feet west of and parallel to the west right-of-way line of Road 40 to its intersection with the south line of Lot 3 Block 1, Plat of Mottner's 2nd Addition, thence west along the south line of Lots 2 and 1 Block 1, Plat of Mottner's 2nd Addition to the east line of Lot 4, Short Plat 77-1, thence north along the east line of said Lot 4 to the northeast corner thereof, thence west along the north line of said Lot 4 to the northwest corner thereof, thence south along the west line of said Lot 4 to the southeast corner of Lot 3, Short Plat 77-01, thence west along the south line of Lots 3 and 2 of Short Plat 77-01 to the east right of way line of Road 42, thence south along the east right-of-way line of Road 42 to the north right-of-way line of Court Street, thence east along the north right-of-way line of Court Street to the southwest corner of Lot 6 Block 2, Plat of Mottner's 2nd Addition, thence north along the west line of said Lot 6 to the northwest corner thereof, thence east along the south line of Lots 1, 2, and 3, all of Block 2, Plat of Mottner's 2nd Addition to the west right-of-way line of Road 40, thence south along the west right-of-way line of Road 40 to the north right-of-way line of Court Street, thence easterly along the north right-of-way line of Court Street to the south east corner of Lot 4, Plat of Mark Twain Addition, thence north along the east line of said Lot 4 to the northeast corner thereof, thence east along the north line of Short Plat 93-2, to the west line of the Plat of Court Vista Addition, thence north along said west line to the northwest corner of said Plat, thence east along the north line of said Plat of Court Vista Addition to the southeast corner of Lot 2, Plat of Parkhurst Addition, thence north along the east line of said Lot 2 to the northeast corner thereof, thence north along a line to the southeast corner of Lot 15, Parkhurst Addition, thence north along the east line of said Lot 15 to the northeast corner thereof, thence west along the north line of the Plat of Parkhurst Addition to the northwest corner thereof, thence north along the northerly projection of the west line of said Plat of Parkhurst Addition to the south right-of-way line of Pearl Street, thence west along said south right-of-way line of Pearl Street to its intersection with the west right-of-way line of Road 40, thence south along the west right-of-way line of Road 40 to the southeast corner of Lot 1, Plat of Palmer Addition, thence west along the south line of Lots 1, 2, 3, 4, 5, and 6 to the east right-of-way line of Road 42, thence north along the east right-of-way line of Road 42 to its intersection with the south line of Lot 2, Short Plat 87-05, thence west along the south line of said Lot 2 to the southwest corner thereof, thence north along the west line of said Lot 2 to the northwest corner thereof, thence west along the north line of the south half of the southwest quarter of the northwest quarter of the south east quarter of Section 23 Township 9N Range 29 EWM to a point 394 8 feet west of the northeast corner thereof, thence south along a line parallel to and 394 8 feet west of the east line of said southwest quarter of northwest quarter of the southeast quarter of Section 23, to the north right-of-way line of Pearl Street, thence west along the north line of Pearl Street to its intersection with the northerly projection of the west line of Lot 11, Plat of Palmer Addition, thence south along said projection and west line of said Lot 11 and continuing south along the west line of Lot 15, Plat of Palmer Addition to the north right-of-way line of Opal Street, thence west along the north right-of-way line of Opal Street to its intersection with the northerly projection of the west line of Lot 5, Plat of Davis Addition, thence south along said northerly projection and west line of said Lot 5 and continuing south along the west line of Lot 8, Plat of Davis Addition to the north right-of-way line of Agate Street, thence east along the north right- of-way line of Agate Street to its intersection with the northerly projection of the west line of Lot 6, Block 2, Plat of Cline Addition, thence south along the northerly projection of the west line of said Lot 6 and the west line of Lot 6 to the north line of Lots 3 and 4 Block 2, Plat of Cline Addition, thence west along said north line of Lots 3 and 4 to the east right-of-way line of Road 44, thence south along the east right-of-way line of Road 44 to the point of Beginning I, DANIEL L UNDERWOOD, City Clerk of the City of Pasco, Washington, certify that the attached copy of Resolution No is a true and correct copy of the onginal resolution adopted on the day of July, 1997, as that resolution appears on the Minute Book of the City DATED this day of , 1997 Daniel L Underwood, City Clerk 0296036 02