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Home My WebLink About3891 Ordinance CITY OF PASCO, WASHINGTON ORDINANCE NO. 3 O I G f AN ORDINANCE of the City of Pasco, Washington, approving and confirming the assessments and assessment roll of Utility Local Improvement District No. 143 for the expansion and extension and improvement of the sewer collection system of the City, West of Road 100, as provided by Ordinance No. 3794, as amended by Ordinance No. 3814, 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. WHEREAS, the assessment roll levying the special assessments against the property located in Utility Local Improvement District No. 143 in the City of Pasco, Washington (the "City"), has been filed with the City Clerk as provided by law; and WHEREAS, notice of the time and place of hearing on the Utility Local Improvement District No. 143 ("ULID No. 143") assessment roll, and for making objections and protests to the roll was published, fixing the time and place of hearing thereon for the 3`d day of November, 2008, at the hour of 7:00 p.m., local time, in the Council Chambers in the City Hall, Pasco, Washington, and further notice thereof was mailed by the City Clerk to each property owner shown on the roll; and WHEREAS, as a result of a publication error, publication of notice did not occur for two consecutive weeks at least fifteen days prior to November 3, 2008; and WHEREAS, the Council commenced the hearing on November 3, 2008, but continued the hearing on the ULID No. 143 assessment roll until December 1, 2008, to provide additional published notice of the continued hearing scheduled for December 1, 2008; and WHEREAS, the additional notice was published for two consecutive weeks at least fifteen days prior to December 1, 2008, and gave notice of the continued hearing on December 1, 2008, and further notice was posted according to law; and WHEREAS, at the time and place fixed and designated in the notices the hearing was held, all written protests received were considered and all persons appearing at the hearings who wished to be heard were heard. Following the close of the hearing, 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 such roll, including the increase and enhancement of the fair market value of each such parcel of land by reason of the improvement, overruled all such protests;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY ORDAIN, as follows: -1- 50949393.2 Section 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW. 1.1 The above-recitals are incorporated herein by this reference. 1.2 Utility Local Improvement District No. 143 ("ULID No. 143") has been created and established for the purpose of providing for the expansion and extension and improvement of the sewer collection system of the City, West of Road 100, as provided by Ordinance No. 3794, as amended by Ordinance 3814. The assessments and assessment roll for ULID No. 143, as the same now stand, shall be and the same are approved and confirmed in all things and respects in the total amount of$1,200,000. 1.3 Each of the lots, tracts, parcels of land and other property shown upon the assessment roll is determined and declared to be specially benefited by the ULID No. 143 improvements in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing upon the roll. There is levied and assessed against each lot, tract or parcel of land and other property appearing upon the roll the amount finally charged against the same thereon. Section 2. CONFIRMATION AND COLLECTION. 2.1 The assessment roll as hereby approved and confirmed shall be filed with the City Financial Services Manager for collection. The City Financial Services Manager is authorized and directed to publish notice as required by law stating that the roll is in his hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at any time within 30 days from the date of first publication of such notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in 15 equal annual installments of principal together with interest due on the unpaid balance. The estimated interest rate is stated to be 6% per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement bonds for Utility Local Improvement District No. 143. The first installment of assessments on the assessment roll shall become due and payable during the 30-day period succeeding the date one year after the date of first publication by the City Financial Services Manager of notice that the assessment roll is in his hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner. 2.2 If the whole or any portion of the assessment remains unpaid after the first 30-day period, interest upon the whole unpaid sum shall be charged at the rate as determined under Section 2.1, and each year thereafter one of the installments of principal together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the 30-day period during which such installment is due and payable shall thereupon become delinquent. Each delinquent installment shall be subject, at the time of delinquency, to a charge of 5% penalty levied on both principal and interest due upon that installment, and all delinquent installments also shall be charged interest at the rate of 8% per annum as set forth in PMC 14.04.050. The collection of such delinquent installments shall be enforced in the manner provided by law. _2- 50948393.2 PASSED by the City Council and APPROVED by the Mayor of Pasco, Washington, at a regular open public meeting thereof, this I"day of December, 2008. Mayor 6z r" [ATTEST]: Debra L. ark, i -C erk APPROVED AS TO FORM: City Attorney -3- 50949393.2 CERTIFICATION I, Debra L. Clark, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance NoM!L (the "Ordinance") is a full, true and correct copy of the Ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on the 1St day of December, 2008, as that Ordinance appears on the Minute Book of the City; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this I" day of December, 2008. Debra L. Clark, City C erk 50948393.2 WER U.LJ,D. 143 WEST OF ROAD 100& s N TH OF COURT SMM ASSESSMENT $89000.00/P G.A to Y Yll xll `mil / �� \ °7��I `,�r i� \ �r'Q %� %i/ /�'�•✓�•, X' U.M.D. 143 BOUNDARY