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HomeMy WebLinkAbout3918 Ordinance CITY OF PASCO, WASHINGTON ORDINANCE NO. iRl' AN ORDINANCE of the City of Pasco, Washington, approving and confirming the assessments and assessment roll of Local Improvement District No. 144 for the improvement of approximately 1300 feet of each of Road 90 and Road 92, north of Sandifur Parkway, to City standards, including curb, gutter, storm drainage system, and power, as provided by Ordinance No. 3864, 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 `Clt�),has been filed with the City Clerk as provided by law; and WHEREAS, by Resolution No. 3142, notice of the time and place of hearing on the Local Improvement District No. 144 (LID No. 144) assessment roll, and for making objections and protests to the roll was published and posted according to law, fixing the time and place of hearing thereon for the 6th day of April, 2009, 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, at the time and place fixed and designated in the notices the hearing was held; no written protests were received; 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, found no protests; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY ORDAIN, as follows: -1- 50956055.2 Section 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW. 1.1 The above-recitals are incorporated herein by this reference. 1.2 Local Improvement District No. 144 (LID No. 144) has been created and established for the purpose of providing for the improvement of the properties within the area described in Exhibit B, by the improvement of approximately 1300 feet of each of Road 90 and 92, north of Sandifur Parkway, to City street standards, including curb, gutter, storm drainage system, and power, as more particularly described in Exhibit A (the `Improvements). The assessments and assessment roll for LID No. 144, as the same now stand, shall be and the same are approved and confirmed in all things and respects in the total amount of$526,694.57. 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 LID No. 144 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 ten (10) 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 Local Improvement District No. 144. 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 -2- 50958055.2 by the City Financial Services Manager 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. 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. PASSED by the City Council and APPROVED by the Mayor of Pasco, Washington, at a regular open public meeting thereof, this 20th day of April, 2009. Mayor [ATTEST]: A ()no Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland M. Kerr, City Attorney -3- 50958055,2 EXHIBIT A LID No. 144—in Road 90 and Road 92 North of Sandifur Parkway The LID is to include the work of installing curb, gutter, storm drainage systems, power and the roadway to City of Pasco standards. In Street From To Road 90 Sandifur Pkwy North of Sandifur Pkwy 1,300 feet Road 92 Sandifur Pkwy North of Sandifur Pkwy 1,300 feet Exhibit A 509580552 EXHIBIT B LID No. 144-North of Sandifur Pkwy in Road 90 and Road 92 Legal description of the boundary: That portion of the south half of the north half of Section 8, Township 9 North, Range 29 East, W.M. in Pasco, Franklin County, Washington, described as follows; Commencing at the intersection of Sandifur Parkway and Road 92, also being the center of Section 8, Township 9 North, Range 29 East, W.M. in Pasco, Franklin County, Washington; thence northerly along the centerline of Road 92 a distance of 40-feet, being the northerly right- of-way line of Sandifur Parkway, also being the True Point of Beginning; Thence easterly along the northerly right-of-way line of Sandifur Parkway, a distance of 30-feet to the southwest corner of Lot 24, Coles Estates; thence continuing easterly along the northerly right-of-way line of Sandifur Parkway, also being the southerly property line of Lot 24, Coles Estates, and Lot 9, Cole's Estates, to the southeast corner of Lot 9, Coles Estates, also being the western right-of-way line of Road 90; thence continuing easterly along the projection of the southerly line of Lot 9, Coles Estates, a distance of 60-feet, to the easterly right-of-way line of Road 90; thence northerly along the easterly right-of-way line of Road 90, a distance of 11-feet, to the point of intersection of a 35-foot radius at the southwest corner of Lot 1, Binding Site Plan 2006-05; thence easterly along the southerly tangent of the radius and continuing along the southerly line of Lot 1, Binding Site Plan 2006-05, to the southeast corner of said Lot 1; thence northerly along the easterly line of Lot 1, Binding Site Plan 2006-05, to the northeast corner of said Lot 1, also being on the southerly line of Lot 7, Coles Estates; thence easterly along the southerly line of Lot 7, Coles Estates to the southeast corner of said Lot 7; thence northerly along the eastern line of said Lots 7, 6, and 5, Cole's Estates, to the northeastern corner of Lot 5, Coles Estates; thence westerly along the northerly line of said Lot 5, to the northwest corner of Lot 5, Cole's Estates, also being the easterly right-of-way line of Road 90; thence westerly across the right-of-way of Road 90 to the northeast corner of Lot 11, Coles Estates, also being on the western right-of-way line of Road 90; thence westerly along the northern line of said Lot 11 to the northwesterly corner of said Lot 11; thence southerly along the western line of said Lot 11, to the northeast corner of Lot 20, Coles Estates; thence westerly along the northern line of said Lot 20, to the eastern right-of-way line of Road 92; thence continuing along the westerly projection of the northern line of said Lot 20 to the centerline of Road 92; thence southerly along the centerline of Road 92 to the projection of the southerly line of Mediterranean Villas Phase 5 (Parcel No. 115-441-156); thence westerly along the projection of the southerly line of Mediterranean Villas Phase 5 to the westerly right-of-way line of Road 92, being the southeasterly corner of Mediterranean Villas Phase 5, also being the northeasterly corner of Lot 4, Block 4, Broadmoor Park No. 1, including a portion of the vacated right-of-way along the northern line of said Lot 4; thence continuing westerly along the said Lot 4 with vacated right-of- way to the northwestern corner of Lot 4, Block 4, Broadmoor Park No. 1, with vacated right-of- way; thence southerly along the western line of Lot 4, Block 4, Broadmoor Park No. 1, and Lot 3, Block 4, Broadmoor Park No. 1, to the southwest corner of said Lot 3, as modified by Lots 3 and 4 of Binding Site Plan 2005-08; thence easterly along the southern line of Lot 3, Block 4, Exhibit B - 1 50958055.2 Broadmoor Park No. 1, to the northwest corner of Lot 4, Binding Site Plan 2005-08; thence southerly along the western line of said Lot 4 and Lot 5, Binding Site Plan 2005-08, to the southwest corner of said Lot 5, also being on the northern line of Lot 2, Binding Site Plan 2004- 03; thence westerly along the northern line of said Lot 2, to the northwest corner of said Lot 2; thence southerly along the western line of said Lot 2, including the 20-foot jog easterly near the southern side of said Lot 2, to the southwest corner of said Lot 2, also being the northern right- of-way line of Sandifur Parkway; thence easterly along the southern line of said Lot 2 and tangent of a 25-foot radius at the southeast corner of said Lot 2, to the point of intersection of the radius; thence continuing easterly along the projection of the southerly line of said Lot 2, a distance of 30-feet to a point, also being the True Point of Beginning. Exhibit B - 2 50956055.2 CERTIFICATION I, Debra L. Clark, City Clerk of the City of Pasco, Washington (the`sCit3�� hereby certify as follows: 1. The attached copy of Ordinance No.3�I (the"Ordinancd) 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 20th day of April, 2009, 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 20th day of April, 2009. Debra L. ark, 6ty erk 50958055.2 NI 831SNIV4iS3M -1-1 I V V cq .1� I co co ".02 4--1 1A 1.1 30&02 z U) m Q CL -305.02 1 Q) o �� � ma d a IE 327.0• 327.5, 274 Q) ------ _4 �-4 06 CIV08 !,E :@ 9 a5 g!f r- JAI p; No Ali 4- od C14 c14 E EE T E& A 0 19 4 R oc) CIO Als 1 F 0 - 14 r d 46 A ER -L Ull 103-m 0 —R, 113 '7 CF) '41 IN It I jj-R's a I* 40b Q) 2 .01 250V 200,0' 1 --- ------ .a' Z6 OVION C) 01 .0"', .0 1 Ailtcg 0 1 1 z E Z a me 00 SESE� A C ou L2 Li 0 rr q- i I Lj LL' > 0 L c) LID 144—Road 90 & Road 92 PROJECT NO.: N of Sandifur — Final Assmt PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION -------- DOM: DL{ CITY OF PASCO SHEET,. 1 OF I DRAWN: DLH SCALE; V.- W. H: N/A CHECK, DLH DATE: 3/19/09 APPR.; RJA CADnLE.Lm"'a a. FRANKLIN COUNTY WIlS7#NCiON