HomeMy WebLinkAbout4612 Ordinance - Final Assessment Roll LID No. 151 - RECORDEDFRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
City of Pasco
525 N. Third Avenue
Pasco, WA 99301
FORM COMPLETED BY: Krystle Shanks
PLEASE PRINT OR TYPE INFORMATION:
DOCUMENT TITLE(S) (or transaction contained therein)
1. Ordinance No. 4612
2. LID 151 Final Assessment Roll Ordinance -
3. Northwest (Broadmoor) Area
GRANTOR(S) (Last name, first name, middle name/initials):
1. Citv of Pasco
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Ej Additional names on page of document
GRANTEE(S) (Last name, first name, middle name/initials):
1. City of Pasco
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Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
❑ Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
07-29-09, Farm Unit 84 Irr Blk 1 and 06-29-09
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
115-210-022, 126-160-010, 115-180-042, 115-180-073, 115-180-055, 115-180-065, 115-180-066, 115-180-06
❑ Additional parcel numbers on page of document
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information
PHONE # (509) 544-3096
AFN # 1967414 ORDIN
10/11/2022 01:12 PM
9 Page(s) $211.50
Matt Beaton. Auditor
Franklin Co., WA
EMERGENCY NONSTANDARD REQUEST
I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in
RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
Signature Date
CITY OF PASCO, WASHINGTON
ORDINANCE NO. 4612
AN ORDINANCE of the City Council of the City of
Pasco; Washington, approving and confirming the
assessments and assessment roll of Local Improvement
District No. 151 for the construction of new sanitary sewer
trunk line and other sewer improvements in the City's
Northwest (Broadmoor) area, as provided by Ordinance No.
4483, and levying and assessing a part of the cost and expense
thereof against the several lots, tracts, parcels of land and other
property as shown on the assessment roll.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
HEREBY ORDAIN as follows:
Section 1. RECITALS AND FINDINGS.
1.1 The assessment roll levying the special assessments against the property
located in Local Improvement District No. 151 in the City of Pasco, Washington, has
been filed with the City Clerk as provided by law.
1.2 Notice of the time and place of the hearing to make objections and
protests to the roll was published in the manner provided by law fixing the initial time
and place of the hearing for September 19, 2022, at 7:00 p.m., local time, in the Council
Chambers of City Hall, Pasco, Washington, and further notice of the hearing was mailed
by the City Clerk to each property owner shown on the roll.
1.3 At the time and place fixed and designated, the hearing was held, all
written protests received were considered, and all persons appearing at the hearing who
wished to be heard were heard; testimony was given under oath; and, testimony was
subject to cross examination. The City Council, sitting and acting as a Board of
Equalization for the purpose of considering the roll and the special benefits to be
received by each lot, parcel, and tract of land shown upon that roll, including the increase
LID 151 Final Assessment Roll Ordinance
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and enhancement of the fair market value of each parcel of land by reason of the
improvement, considered all such protests.
1.4 Following its consideration of all such protests, the City Council directed
the preparation of an ordinance including Findings, Conclusions, and Decision
Regarding LID No. 151 which are attached hereto as Appendix A, including list of
hearing exhibits at Appendix B, and are incorporated herein by this reference.
Section 2. ROLL CONFIRMATION. The assessments and assessment roll
of Local Improvement District ("LID") No. 151, which has been created and established
for the purpose of constructing new sanitary sewer trunk line and other improvements in
the City's Northwest (Broadmoor) area, as provided by Ordinance No. 4483, as the same
now stands, is approved and confirmed in all things and respects in the total amount of
$3,241,424.12.
Section 3. FINDINGS.
3.1 Findings, Conclusions and Decision Regarding LID 151, attached hereto
as Appendix A ("Decision") and Appendix B ("List of Exhibits") are incorporated herein
by this reference as the decision of the Council, sitting and acting as a Board of
Equalization, on the protests received by the Council regarding the assessment roll for
LID No. 151.
3.2 Each of the lots, tracts, parcels of land, and other property shown upon
the assessment roll as determined in the Decision are declared to be specially benefited
by the LID No. 151 improvements in at least the amount charged against those
properties, and the assessment appearing against them is in proportion to the several
assessments appearing upon the roll. There is levied and assessed against the property
appearing upon the roll the total amount of $3,241,424.12.
Section 4. NOTICE OF ROLL. The assessment roll as approved and
confirmed shall be filed with the Finance Department Director of the City for collection,
and the Finance Department Director is authorized and directed to publish notice as
required by law stating that the roll is in the Director's hands for collection and that
payment of any assessment or any portion of that assessment can be made at any time
within thirty (30) days from the date of first publication of that notice without penalty,
interest or cost, and that thereafter the sum remaining unpaid may be paid in equal annual
installments of principal and interest. Final financing options will be evaluated after the
(30) thirty -day pre -payment period has expired. At which time the interest rate and the
terms of financing and annual installment payment amounts shall be determined by the
City Council by subsequent ordinance. The estimated interest rate is six percent (6%)
per annum. The first installment of assessments on the assessment roll shall become due
and payable during the thirty (30) day period commencing one year after the date of first
publication by the Finance Department Director of notice that the assessment roll is in
her hands for collection, and annually thereafter each succeeding installment shall
become due and payable in like manner. If the whole or any portion of the assessment
remains unpaid after the first thirty (30) day period, interest upon the whole unpaid sum
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53366644.1
shall be charged at the rate as determined above, and each year thereafter one of the
installments, together with interest due on the unpaid balance, shall be collected. Any
installment not paid prior to expiration of the thirty (30) day period during which that
installment is due and payable shall become delinquent. Each delinquent installment
shall be subject, at the time of delinquency, to a charge under Pasco City Code
Section 14.05.050 of a penalty levied on both principal and interest due upon that
installment equal to the rate fixed in the ordinance or other authorization for the issuance
and sale of the local improvement bonds for Local Improvement District No. 151, plus
five (5) percent. All delinquent installments also shall be charged interest at the rate as
determined above. The collection of delinquent installments shall be enforced in the
manner provided by law.
Section 5. SEVERABILITY. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this ordinance and the same shall
remain in full force and effect.
Section 6. EFFECTIVE DATE. This ordinance shall take effect and be in
force five (5) days from and after its publication as required by law.
PASSED by the City Council and APPROVED by the Mayor of the City
of Pasco, Washington, at a regular open public meeting thereof, this 3rd day of October
2022.
Blanche Barajas, Mayor
ATTEST:
Debby Barham, City Clerk ?t'61 �� oziw-SoT , )DI k /azz-
APPROVED AS TO FORM:
Kerr Fe on Law, PLLC., City Attorney
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APPENDIX A and
APPENDIX B
TO
ORDINANCE NO: qG l Z
IN THE MATTER OF THE FINAL
ASSESSMENT ROLL — LOCAL
IMPROVEMENT DISTRICT NO. 151
(Northwest Sewer Project)
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
APPENDIX A
A hearing in the above -captioned matter was held on September 19, 2022 in Pasco,
Washington before the City Council of the City of Pasco ("City"), sitting as a Board of
Equalization ("Board"). Having considered the evidence and argument presented and being
otherwise fully advised, the Board enters the following.
1. FINDINGS OF FACT
1.1 On August 15, 2022, at a regular open meeting, the City Council set the date for
the hearing on the final assessment roll for September 19, 2022, commencing at 7:00 p.m. local
time at Pasco City Hall. Notices of assessment were timely mailed to property owners within
Local Improvement District No. 151 ("LID" or "LID 151 ") on August 16, 2022.
1.2 The history of LID 151 dates to 2019. A number of organizational and
informational meetings were conducted with property owners in the vicinity of the proposed LID
beginning in February of 2020. On January 6, 2020 the City Council by Resolution No. 3932
declared its intention to order the improvement for a new sanitary sewer trunk line and other
LID No. 151 FINDINGS AND CONCLUSIONS — 1
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sewer improvements in the City's Northwest (Broadmoor) Area. This sanitary sewer
improvement project would provide service consistent with previously adopted City's Sewer
Comprehensive Plan.
1.3 Resolution No. 3932 fixed February 3, 2020, at 7:00 p.m., local time, at City Hall
as the time and place for hearing all matters relating to the proposed improvement and all
comments thereon and objections thereto and for determining the method of payment for the
improvement (the "formation hearing"). The formation hearing was continued to March 2, 2020
at 7:00 p.m., local time, at City Hall.
1.4 The Public Works Department caused an estimate to be made of the cost and
expense of the proposed improvements and certified that estimate to the City Council, together
with all papers and information in his possession touching the proposed improvement, a
description of the boundaries of the proposed local improvement district and a statement of what
portion of the cost and expense of the improvement should be borne by the property within the
proposed district. The Engineer's estimate is accompanied by a diagram of the proposed
improvement showing thereon the lots, tracts, parcels of land, and other property which will be
specially benefited by the proposed improvement and the estimated cost and expense thereof to
be borne by each lot, tract and parcel of land or other property. See Ordinance No. 4483.
1.5 The City Council adopted its Ordinance No. 4483 on March 2, 2020, and ordered
the improvement of the Northwest Area Sewer, as follows (the "Improvements"):
The LID 151 Improvements consist of sanitary sewer improvements, including a new
trunk main easements, grading and road restoration in Harris Road and Burns Road.
1.6 The final assessment roll hearing commenced at approximately 7:25 on
September 19, 2022. Mayor Pro -Tem Maloney Presided at the hearing. Mayor Barajas was
excused from the meeting due to prescheduled commitments. City Attorney Eric Ferguson,
advised the Board. Steve DiJulio, Foster Garvey PLLC, represented the LID.
LID No. 151 FINDINGS AND CONCLUSIONS — 2
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1.7 The total project cost of the Improvements constructed by the LID is
$3,330,078.12. The City contributed $88,654.00 (approximately 2.66% of the project cost) to
the cost of Improvements. The Final Assessment Roll levies assessments totaling $3,241,424.12.
1.8 No written protests to the proposed final assessment roll (or "Roll") were filed
with the Board prior to or at the hearing on the Roll.
1.9 City staff testimony was received from Steve Worley, P.E., PublicWorks
Director; Maria Serra, P.E., Capital Improvement Program Manager; and, Ryan Withers, P.E.,
Project Manager with RI -12 Engineering, the City's consultant. All testimony was under oath or
affirmation and subject to cross examination.
1.10 The fair cash market value of the properties specially benefited by LID 151
Improvements has been increased in an amount equal to or greater than the proposed
assessments. As supported by the Special Benefit Analysis report, dated may 25,2021 produced
by Epic Land Solutions, Inc. and authored by John W. Amey, MAI the value of the property
within the LID without the Improvements is $44,671,050; and, with the improvements,
$54,164,200. The Improvements create a special benefit to the property of $9,493,150. The
amount assessed by the LID is $3,241,424.12.
1.11 In arriving at the final assessment proposed for each property, the LID employed
a mathematical method to represent flow contribution and distance to the improvements for the
properties within the LID. The Board expressly finds that the assessment approach utilized for
the LID more thoroughly and correctly reflects the special benefits to each property within
LID 151 flowing from the improvements constructed. The mathematical methodology allows
appropriate consideration of the differences of the properties (e.g., size, location, zoning) within
the LID area.
1.12 Additionally, the assessment methodology employed by the City ensures similarly
situated properties within the LID are proportionally assessed to one another.
LID No. 151 FINDINGS AND CONCLUSIONS — 3
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1.13 We have considered the testimony, and find that the properties are specially
benefitted as set forth on the final assessment roll for LID 151 as filed at the hearing, and are
assessed proportionally and ratably for the LID 151 Improvements.
1.14 Any conclusion of law hereinafter set forth which may be deemed to be a finding
of fact is hereby adopted as such.
2. CONCLUSIONS OF LAW
2.1 From the above findings of fact and the record before the Board, the following
conclusions are adopted.
2.2 If a City employs a method of LID assessment other than the "zone and termini"
method provided by statute, a finding must be made, supported by the record, that the alternate
method more fairly reflects the special benefit resulting from the improvement. RCW 35.44.047;
See also Bellevue Plaza v. Bellevue, 121 Wn.2d 397 (1993). The basis for choosing an alternate
method is satisfied by slight evidence supporting the fairness of the method chosen. Hansen v.
LID, 54 Wn. App. 257, 261-62 (1989). Here, the record has the requisite finding based on
substantial and unchallenged evidence in the hearing record in support of the assessment
methodology.
2.3 The City may, but need not, pay for part of the cost of the Improvements. See
RCW 35.44.020. The City may also assess against the properties specially benefited "in whole"
the cost of the Improvements, so long as the cost does not exceed the special benefits to the
properties within the LID.
2.4 Any Finding of Fact hereinbefore stated which may be deemed to be a Conclusion
of Law is hereby adopted as such.
LID No. 151 FINDINGS AND CONCLUSIONS — 4
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APPENDIX B
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EXHIBITS
To
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LID 151 FINAL ASSESSMENT ROLL
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A.
Map — Local Improvement District 151 — Area/Parcels included.
B.
Ordinance 4483 — Ordering the improvement of the Northwest Area Sewer and
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establishing Local Improvement District No. 151.
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C.
Property Owner — Notice of Hearing on Final Assessment Roll Local Improvement
District No. 151 — Mailed to property owners August 16, 2022.
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D.
Affidavit of mailing — Dated August 16, 2022.
E.
Notice of Hearing — Hearing on Final Assessment Roll — Published in the Tri -City Herald
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on August 21, 2022 and August 28, 2022.
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F.
Affidavit of Publication — Hearing on Final Assessment Roll — Noticed in the Tri -City
Herald on August 21, 2022 and August 28, 2022.
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G.
Preliminary Valuation Report for the City of Pasco LID Project #151 — Epic Land Solutions; Inc.
H.
Staff Report and PowerPoint presentation to Council at September 19, 2022 hearing.
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LID No.
151 FINDINGS AND CONCLUSIONS — 5
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