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HomeMy WebLinkAbout2323 ResolutionCITY OF PASCO, WASHINGTON RESOLUTION NO N3,3 A RESOLUTION of the City Council of the City of Pasco, Washington, relating to the waterworks utility of the City, including the salutary sewerage system and the system of storm or surface water sewers as a part thereof, declaring its intention to initiate the formation of Utility Local Improvement District No 134 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 Wernett Road from Road 28 to Road 33, 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 belongmg 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 0296157 01 WHEREAS, the Comprehensive Sewer Plan provides m part for the expansion and extension of the City's sewer collection system to provide sewer service to the area of the City between Court Street and Wernett Road from Road 28 to Road 33, and WHEREAS, to facilitate the financing of the expansion and extension of sewer service to the area of the City between Court Street and Wernett Road from Road 28 to Road 33 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 Wernett Road from Road 28 to Road 33 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 134 of 0296157 01 -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 134 is declared to be, as near as may be $1,021,650 00, the entire cost and expense of which shall be borne by and assessed against the property included within proposed ULID No 134, 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 134 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 Refundmg 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 134 and such bonds are issued on a panty of hen with the outstanding bonds payable out of such fund or, if not issued on a panty of hen 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 hearmg to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed ULID by mailing such notice at least 15 days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the Franklin County Assessor at the address 0296157 01 -3- shown thereon, as required by law The City Clerk also is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property outside of the proposed ULID that is required by the Federal Housing Administration as a condition of loan qualification to be connected to the proposed Improvements, by mailing such notice at least 15 days before the date fixed for the public hearing to the owner or reputed owner of the property as shown on the rolls of the Franklin County Assessor at the address shown thereon, as required by law This resolution also shall be published in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing 5 All persons who may desire to object to the Improvements described herein and to the formation of ULID No 134 are notified to appear and present such objections at a hearing before the City Council to be held in the Council Chambers m 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 determming 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 0296157 01 -4- ayor _ 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 foregomg 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 ATTEST City Clerk FORM APPROVED City Attorney 0296157 01 -5- EXHIBIT A SEWER CONSTRUCTION AND/OR OVERLAY U.L.I.D. 134 Street From To Wilcox Ella Seabrook Court Wernett Road 33 Road 32 Road 30 Road 30 Road 28 Agate Opal Pearl Road 32 Road 33 Road 30 Road 32 Ella 32nd Place Ella Agate Ella Road 30 150' west of Road Road 30 Road 28 Road 28 Cul-de-sac 185' west of Road 30 Wernett Wernett Wernett Opal 300' north of Ella Road 29 32 Road 30 Road 28 EXHIBIT B ULID 134 Beginning at the southwest corner of Lot 4, Block 2, Lynn Wallace Addition, thence north along the west line of Lots 4, 5, and 6 to the northwest corner of said Lot 6, being the southwest corner of Lot 4, Block 1, Newton Addition, thence north along west line of Lots 4, 5, and 6, and Lot 6 projected, Block 1, Newton Addition to north right-of-way line of West Wernett Road, thence west along the said north right-of-way line of West Wernett Road to the west line of the lot described as, that portion of East 1/2 Southwest 1/4 Northwest 1/4 of Section 24 Township 9 Range 29 lying southerly of SR-182 right-of-way, thence north along the west line of said lot to the south right-of-way line of SR-182, thence easterly along the southerly right-of-way line of SR-182 to its intersection with the north right-of-way line of Wernett Road, thence west along the north right-of- way line of Wernett Road to its intersection with the northerly projection of the west line of Lot 17 Seabrook Subdivision, thence southerly along said projection and west line of Lot 17 to the southwest corner thereof, thence east along the south lines of Lots 17 and 16 and the south line of Lot 16 projected to the east right-of-way line of Road 30, thence northerly along the east right-of-way line of Road 30 to the south right-of-way line of Wernett Road, thence east along the south right-of-way line of Wernett Road to its intersection with a line 198 feet east of and parallel to the center line of Road 30, thence south along said line to its intersection with the north line of Lot 5, Plat of Paradise, thence east along the north line of Lot 5 and Lot 1 and the north line of Lot 1 extended to the west right-of- way line of SR395, thence southerly along the west right-of-way line of SR395 to its intersection with a line parallel to and 165 feet east of the west line of the southeast quarter of the southeast quarter of the southwest quarter of Section 24 Township 9N Range 29 EWM, thence north along said line to a point 150 feet south of the north line of said southeast quarter of the southeast quarter of the southwest quarter, thence west along a line parallel to and 150 feet south of said north line and its westerly projection to the west right-of-way line of Road 30, thence south along the west right-of-way line of Road 30 to the southwest corner of Lot 1, Block 3 of the Hull-Lee Subdivision, thence west along the south line of said Lot 1 to the southwest corner thereof, thence north along the west line and west line projected of said Lot 1 to its intersection with the south line of Lot 15, Block 2 of the Hull-Lee Subdivision, thence westerly along said south line to the southwest corner of said Lot 15, thence north along the west line of said Lot 15 to the northwest corner thereof, thence west along the north lines of Lots 14, 13, 12, 11, and 10 of said Block 2 of Hull-Lee Subdivision to the northwest corner of said Lot 10, thence south along the west line and west line projected of said Lot 10 to the south right-of-way line of Agate Street, thence west along the south right-of-way line of Agate Street to the northwest corner of Lot 7, Block 3, Hull-Lee Subdivision, thence south along the west line of said Lot 7 to the southwest corner thereof, thence southerly along a line to the northwest corner of Lot 10, Block 3, Hull-Lee Subdivision, thence along the west line and west line extended of said Lot 10 to the north right-of-way line of Ruby Street, thence west along the north right-of-way line of Ruby Street to the east right-of-way line of Road 32, thence south along the east right-of-way line of Road 32 to a point 80 4 feet south of the northwest corner of Lot 6 Block 4, Hull-Lee Subdivision, thence south 87°59'12" east a distance of 200 feet to a point, thence due south 146 93 feet to the north line of Court Street, thence south 88°20'39" west to the west right-of-way line of Road 32, being the east line of Lot 1, Edgars Subdivision, thence south along the east line of said Lot 1 to the southeast corner of said Lot 1, thence west along the south line of said Lot 1 to the southwest corner thereof, thence north along west line of said Lot 1, to the northwest corner of said Lot 1, thence west along the south line of Lot 2 Edgars Subdivision to the southwest corner of Lot 2, Edgar's Subdivision, thence north along the west line of Lots 2, 3, and 4, Edgars Subdivision to the northwest corner of said Lot 4, thence east along the north line of said Lot 4 to the northeast corner of said Lot 4, being the west right-of-way line of Road 32, thence north along the west right-of-way line of Road 32 to the southeast corner of Lot 3, Realadyne Subdivision, thence west along south line of Lots 3, and 2, Realadyne Subdivision to the southwest corner of said Lot 2, thence north along the west line of said Lot 2 to the northwest corner thereof, thence north along a line to the southwest corner of Lot 8 Block 2, Ridenour Subdivision, thence north along the west line of said Lot 8 to the northwest corner thereof, thence east along the north line of said Lot 8 to the northeast corner thereof, thence north along the east line and east line projected of Lot 5 Block 2, Ridenour Subdivision to the north right-of-way line of Pearl Street, thence west along the north right-of-way line of Pearl Street to a point 138 feet west of the west right-of-way line of Road 32, thence north along a line parallel to and 138 feet west of the west right-of- way line of Road 32, 75 feet to a point, thence east along a line parallel to and 75 feet north of the north right-of-way line of Pearl Street, 24 feet to a point, thence north along a line 114 feet west of and parallel to the west right-of-way line of Road 32, 75 4 feet to a point, thence east along a line 150 4 feet north of and parallel to the north right-of-way line of Pearl Street, 14 feet to a point, thence north along a line parallel to and 115 feet west of the west right-of-way line of Road 32 to a point on the south line of Short Plat 77-28, thence east along the south line of Short Plat 77-28 to the southeast corner of Lot 1 Short Plat 77-28, thence north along the east line of said Lot 1 to the northeast corner thereof, thence west along the north line of said Lot 1 Short Plat 77-28 to the northwest corner thereof, said point being the east right-of-way line of Road 33, thence north along the east right-of-way line of Road 33 to the north right-of-way line of Ella Street, thence west along the north right-of-way line of Ella Street 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 0296157 01