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HomeMy WebLinkAbout3966 Ordinance CITY OF PASCO, WASHINGTON ORDINANCE NO. 3) AN ORDINANCE of the City of Pasco, Washington, approving and confirming the assessments and assessment roll of Local Improvement District No. 145 for the improvement of`A' Street from Eli Avenue to East Road 40, to City standards, including curb, gutter, storm drainage system, street lighting and landscaping, and certain utility systems, as provided by Ordinance No. 3872, and levying and assessing a part of the cost and expense of the improvements against the 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. 145 in the City of Pasco, Washington (the "City"),has been filed with the City Clerk as provided by law; and WHEREAS, by Resolution No. 3256, notice of the time and place of hearing on the Local Improvement District No. 145 ("LID No. 145") 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 26th day of July, 2010, 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- 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. 145 ("LID No. 145") 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`A' Street from Elm Avenue to East Road 40, to City street standards, including curb, gutter, storm drainage system, street lighting and landscaping, and certain utility systems, as more particularly described in Exhibit A (the "Improvements"). The assessments and assessment roll for LID No. 145, as the same now stand, shall be and the same are approved and confirmed in all things and respects in the total amount of$1,460,522.76. 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 LTD No. 145 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 thirty (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. 145. The first installment of assessments on the assessment roll shall become due and -2- payable during the thirty (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 has been placed for collection and mutually 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 thirty (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 thirty (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 26"'day of July, 2010. Mayor [ATTEST]: De ra . Clark, City d e APPROVED AS TO FORM: Leland Io Kerr, City Attorney -3- EXHIBIT A LID No. 145—in `A' Street from Elm Avenue to East Read 40 The LID No. 145 Improvements are curb, gutter, storm water utility system,bicycle path, and roadway, and certain water and sewer utility system improvements, all to City of Pasco standards: In Street From To `A' Street Elm Avenue East Road 40 Exhibit A EXHIBIT B LID No. 145 - 'A' Street from Elm Avenue to East Road 40 Legal description of the boundary: That portion of the South half of the South half of Sections 27 and 28, Township 9 North, Range 30 East, and the North half of the North half of Sections 33 and 34,Township 9 North, Range 30 East W.M. in Pasco, Franklin County, Washington, described as follows; Commencing at the intersection of East "A" Street and Road 40 East, also being the South quarter comer of Section 27, Township 9 North, Range 30 East, W.M., also being the North quarter corner of Section 34, Township 9 North, Range 30 East, W.M., in Pasco, Franklin County,Washington, also being the True Point of Beginning; Thence Northerly along the Northerly projection of the centerline of Road 40 East, also being the Northerly centerline of said Section 27, a distance of 40-feet to a point on the North right-of-way line of East "A" Street, also being the Southeasterly corner of a lot whose parcel number is 113- 730-124 with the legal description being "That portion of the Southeast quarter of the Southwest quarter of Section 27, Township 9 North, Range 30 East, W.M., Franklin County, Washington, described as follows: Beginning at a point on the North line of"A" Street as the same now exists said point also being on the center line of said Section 27; thence Northerly along the said centerline 330.00 feet; thence Westerly parallel with the South line of Section 27, 330.0 feet; thence Southerly parallel with the center line of Section 27, 330,0 feet to the North line of said "A" Street; thence Easterly along the North line of"A" Street to the Point of Beginning"; thence continuing Northerly along the Northerly centerline of said Section 27, also being the Easterly line of said lot with parcel number 113-730-124, a distance of 330-feet to the Northeast comer of said lot; thence Westerly along the Northerly line of said lot with parcel number 113-730-124, a distance of 330-feet, to the Northwest corner of said lot, also being the Northeast corner of Lot 2, Short Plat 78-25; thence continuing Westerly along the North line of Lot 2 and Lot 1, Short Plat 78-25 to the Northwest corner of said Lot 1; thence Southerly along the West line of said Lot 1, a distance of 20-feet to a point being 350-feet North of the Southerly section line of said Section 27, also being the Northeastern comer of Lot 2, Tierra Vida Commercial Phase One; thence Westerly along the North line of said Lot 2 to the Northwest corner of said Lot 2; thence Southerly along the Eastern right-of-way line of Tierra Vida Lane and a 45-foot radius curve to the left to the Northern right-of-way line of East "A" Street; thence Westerly along the Northern right-of-way line of East "A" Street to the Southerly tangent of a 45-foot radius curve being the Western right-of-way line of Tierra Vida Lane, also being the Southeastern corner of Lot 1, Tierra Vida Commercial Phase One; thence Northerly along the 45-foot radius curve to the left and the Western right-of-way line of Tierra Vida Lane to the Northeast corner of Lot 1, Tierra Vida Commercial Phase One, also being the Southeast corner of Lot 30, Tierra Vida Phase One; thence continuing Westerly along the South line of Lots, 30, 32, 33, 41, 42, 43, 45, 46, 47, 48, 49, 50, and 51, Tierra Vida Phase One to the Southwest corner of said Lot 51; thence Southerly along the Eastern right-of-way of Manzanita Lane and a 45-foot radius curve to the left to the Northern right-of-way line of East"A" Street; thence Westerly along the North right-of-way line of East "A" Street to the Southerly tangent of a 45-foot radius curve being the Western right-of- Exhibit 8 - 1 way line of Manzanita Lane; thence Northerly along a 45-foot radius curve to the left and the Western right-of-way line of Manzanita Lane to the Southeast confer of Lot 1,Tierra Vida Phase One, also being about 485-feet North of the centerline of East "A" Street; thence Westerly along the South line of Lots 1, 2, 3, and 4, Tierra Vida Phase One to the Southwest corner of said Lot 4, also being the Eastern right-of-way of an un-named street along the Easterly boundary of Washington Addition, also being 20-feet East of the Western Section Line of Section 27, Township 9 North, Range 30 East, W.M.; thence Southerly along a line being 20-feet East of and parallel to the Western Section Line of said Section 27 to the Northern right-of-way line of East "A" Street; thence Westerly along the Northern right-of-way line of East "A" Street across the un-named street to the Southeastern corner of Lot 17, Block 12, Washington Addition; thence Northerly along the Eastern line of Lots 17, 18, 19, 20, 21, 22, 23, and 24, and across a 20-foot alley, and along the Eastern line of Lots 25, 26, 27, 28, 29, 30, 31, and 32. Block 12, Washington Addition; thence Westerly along the Northern line of said Lot 32, and across a 14-foot alley, and along the Northern line of Lot 1 to the Northwestern corner of said Lot 1; thence Southerly along the Western line of Lot 1, 2, 3, 4, 5, 6, 7, and 8, and across a 20-foot alley, and along the Western line of Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 12 Washington Addition, to the Southwestern corner of said Lot 16, also being the Northern right-of-way of East "A" Street; thence Westerly along the Northern right-of-way line of East"A" Street across Sprague Street to the Southeastern corner of Lot 17, Block 11, Washington Addition; thence Northerly along the Eastern line of Lots 17, 18, 19, 20, 21, and 22,Block 11, Washington Addition to the Northeaster corner of said Lot 22; thence Westerly along the Northern line of said Lot 22 to the Northwestern corner of said Lot 22 and across a 14-foot alley to the Southeastern corner of Lot 10, Block 11, Washington Addition; thence Northerly along the Eastern line of Lots 10, and 9, and across a 20- foot alley, and along the Eastern line of Lots 8, 7, 6, 5, 4, 3, 2, and 1, Block 11, Washington Addition to the Northeastern corner of said Lot 1; thence Westerly along the Northern line of said Lot l to the Northwest corner of the said Lot 1; thence Southerly along the Westerly line of Lots 1, 2, 3, 4, 5, 6, 7, and 8, and across a 20-foot alley, and along the Westerly line of Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 11, Washington Addition to the Southwestern corner of said Lot 16, also being on the Northern right-of-way line of East "A" Street, also being on the Eastern right-of-way line of Spokane Street; thence Westerly along the Northern right-of-way line of East "A" Street crossing Spokane Street to the Southeastern corner of Lot 17, Block 10, Washington Addition; thence Northerly along the Eastern line of Lots 17, 18, 19, 20, 21, 22, 23, and 24, Block 10, Washington Addition to the Northeastern corner of said Lot 24; thence Westerly along the Northern line of said Lot 24 to the Northwestern corner of said Lot 24; thence Northerly across a 20-foot alley, and along the Western line of Lots 25 and 26, Block 10, Washington Addition to the Northwestern corner of said Lot 26, also being the Southwestern corner of Lot 27, Block 10,Washington Addition; thence Easterly along the Southern line of said Lot 27 to the Southeastern corner of said Lot 27; thence Northerly along the Eastern line of Lots 27, 28, 29, 30, 31, and 32, Block 10, Washington Addition to the Northeastern corner of said Lot 32; thence Westerly along the Northern line of said Lot 32, and across a 14-foot alley, along the Northern line of Lot 1 Block 10, Washington Addition; to the Northwestern corner of said Lot 1, also being the Easterly right-of-way line of Missoula Street; thence Southerly along the Western line of Lots 1, 2, 3, 4, 5, 6, 7, and 8, and across a 20-foot alley, and along the Western line of Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 10, Washington Addition to the Southwestern corner of said Lot 16, also being the Northerly right-of-way line of East "A" Street; thence Westerly along the Northern right-of-way line of East "A" Street across Missoula Street to the Exhibit B - 2 Southeastern corner of Lot 17, Block 9, Washington Addition; thence Northerly along the Eastern line of Lots 17, 18, 19, 20, 21, 22, 23, and 24, and across a 20-foot alley, and along the Eastern line of Lots 25, 26, 27, 28, 29, 30, 31, and 32, Block 9, Washington Addition to the Northeaster corner of said Lot 32; thence Westerly along the Northerly line of said Lot 32, and across a 14-foot alley, and along the Northerly line of Lot 1, Block 9, Washington Addition to the Northwestern corner of said Lot 1, also being on the Eastern right-of-way line of heritage Boulevard; thence Southerly along the Western line of Lots 1, 2, 3, 4, 5, 6, 7, and 8, across a 20- foot alley, and along the Westerly line of Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 9, Washington Addition to the Southwestern corner of said Lot 16, also being on the Northern right-of-way line of East "A" Street,being North of the Southerly line of Section 28, Township 9 North, Range 30 East, W.M. a distance of 40-feet; thence Westerly across Heritage Boulevard to the Southerly tangent of a 55-foot radius curve being the Southeasterly corner of Lot 5, Sunrise Estates Phase 1,being North of the Southerly line of said Section 28 a distance of 50-feet, thence continuing Westerly along the Northern right-of-way line of East "A" Street, being the Southerly line of Lots 5 and 4, Sunrise Estates Phase 1, to the Southerly tangent of 55-foot radius curve to the right, also being the Eastern right-of-way line of Anaconda Avenue; thence continuing Westerly along the Northern right-of-way line of East "A" Street across Anaconda Avenue to the Southerly tangent of a 55-foot radius curve, being the Westerly right-of-way line of Anaconda Avenue; thence continuing Westerly along the Northerly right-of-way line of East "A" Street, also being the Southerly line of Lots 3, 2, and 1, Sunrise Estates Phase 1, to the Southwestern corner of Lot 1, Sunrise Estates Phase 1, also being on the Eastern line of Lot 2, Short Plat 2002- 10; thence Northerly along the Eastern line of said Lot 2 to the Northeastern corner of said Lot 2; thence Westerly along the Northerly line of Lot 2 and Lot 1, Short Plat 2002-10 to the Northwestern corner of said Lot 1, also being on the Eastern right-of-way line of Cedar Avenue; thence Southerly along the Westerly line of said Lot 1 to the Southwestern corner of said Lot 1, also being the Northern right-of-way line of East "A" Street, being North of the Southerly line of Section 28, Township 9 North, Range 30 East, W.M. a distance of 40-feet; thence Westerly along the Northern right-of-way line of East "A" Street across Cedar Avenue to the Southeastern corner of Lot 17, Block 12, Kurtzman's .First Addition; thence continuing Westerly along the Southern line of said Lot 17 and a 20-foot alley and the Southern line of Lot 16, Block 12, Kurtzman's First Addition to the Southwestern corner of said Lot 16, also being the on the Eastern right-of-way line of Waldemar Avenue; thence continuing Westerly along the Northern right-of-way line of East "A" Street across Waldemar Avenue to the Southeastern corner of Lot 17, Block 11, Kurtzman's First Addition, also being on the Western right-of-way line of Waldemar Avenue; thence continuing Westerly along the Southern line of said Lot 17 and a 20- foot alley and the Southern line of Lot 16, Block 11, Kurtzman's First Addition to the Southwestern corner of said Lot 16, also being on the Eastern right-of-way line of Hugo Avenue; thence continuing Westerly along the Northern right-of-way line of East "A" Street to the Southeastern corner of Lot '17, Block 10, Kurtzman's First Addition, also being on the Western right-of-way line of Hugo Avenue; thence continuing Westerly along the Southern line of said Lot 17 and a 20-foot alley and the Southern line of Lot 16, Block 10, Kurtzman's First Addition to the Southwestern corner of said Lot 16, also being on the Eastern right-of-way line of Sycamore Avenue; thence continuing Westerly along the Northern right-of-way line of East "A" Street across Sycamore Avenue to the Southeastern corner of Lot 17, Block 9, Kurtzman's First Addition, also being on the Wester right-of-way line of Sycamore Avenue; thence continuing Westerly along the Southern line of said Lot 17 and a 20-foot alley and the Southern line of Lot Exhibit B - 3 16, Block 9, Kurtzman's First Addition to the Southwestern corner of said Lot 16, also being on the Eastern right-of-way line of Elm Avenue and on the Northern right-ol=way line of East "A" Street; thence continuing Westerly along the Northern right-of-way line of East "A" Street a distance of 40-feet to the centerline of Elm Avenue; thence Southerly along the centerline of Elm Avenue a distance of 40-feet to the centerline on East"A" Street, also being on the Southern line of Section 28, Township 4 North, Range 30 East, W.M., also being on the Northern line of Section 33, Township 9 North, Range 30 East, W.M.; thence continuing Southerly along the centerline of Elm Avenue a distance of 40-feet to the Southern right-of-way line of East "A" Street; thence Easterly along the Southern right-of-way line of East "A" Street a distance of 30- feet to the Eastern right-of-way line of Elm Avenue, also being the Northwestern corner of Lot 1, Block 1, Elliott's Addition; thence Southerly along the Western line of said Lot 1 to the Southwestern corner of said Lot 1; thence Easterly along the Southern line of Lots 1, 2, 3, 4, and 5, Block 1, Elliott's Addition, also being on the Western right-of-way line of Hugo Avenue; thence Northerly along the Eastern line of said Lot 5 to the Northeastern corner of said Lot 5, also being on the Southern right-of-way line of East "A" Street; thence Easterly along the Southern right-of-way line of East "A" Street to the Northwestern corner of Lot 1, Block 2, Elliott's Addition, also being on the Eastern right-of-way line of Hugo Avenue; thence Southerly along the Western line of said Lot 1 to the Southwestern corner of said Lot 1; thence Easterly along the Southern line of Lots 1, 2, 3, 4, and 5, Block 2, Elliott's Addition to the Southeastern cornier of said Lot 5, also being on the Western right-of-way line of Cedar Avenue; thence Northerly along the Eastern line of said Lot 5 to the Northeastern corner of said Lot 5, also being on the Southern right-of-way line of East "A" Street; thence Easterly along the Southern right- of-way line of East "A" Street a distance of 30-feet to the North / South centerline of Section 33, Township 9 North, Range 30 East, W.M.; thence Southerly along the said centerline to a point being a distance of 330-feet from the Northern line of said Section 33, also being along the Westerly line of a lot with parcel number 112-430-012 with the legal description being "The Northerly 330 feet of the Northeast quarter of Section 33, Township 9 North, Range 30 E.W.M., Franklin County, Washington"; thence Easterly along the Southerly line of said lot with parcel number 112-430-012, also being parallel to and a distance of 330-feet South of the Northern line of said Section 33 to Southeastern corner of said lot with parcel number 112-430-012, also being a point on the Eastern line of said Section 33 a distance of 330-feet South of the Northerly line of said Section 33, also being a point on the Western line of Section 34, Township 9 North, Range 30 East, W. M., also being on the Westerly line of a lot with parcel number 1 t 2-530-057 with the legal description being the "The Northwest quarter of the Northwest quarter of the Northwest quarter (NW1/4 NW 1/4 NW 1/4) of Section 34, Township 9 North, Range 30 E.W.M., situated in Franklin County, State of Washington" of said Section 34; thence Southerly along the Westerly line of the said lot with parcel number 112-530-057 to the Southwestern corner of said lot; thence Easterly along the Southerly Iine of the said lot with parcel number 112-530-057 to the Southeastern corner of the said lot; thence Northerly along the Eastern line of said lot with parcel number 112-530-057 to a point being 330-feet South of the Northerly line of the said Section 34, also being the Southwestern corner of a lot with parcel number 112-530-048 with the legal description being "The North 330 feet of the Northeast quarter of the Northwest quarter of the Northwest quarter and the North 330 feet of the West one-half of the West one-half of the Northeast quarter of the Northwest quarter, all in Section 34, Township 9 North, Range 30 East, W.M., Franklin County, Washington'; thence Easterly along the Southerly line of said lot with parcel number 112-530-048 to the Southeast cornier of said lot, also being on the Westerly line of Exhibit B - 4 a lot with parcel number 112-530-039 with the legal description being "The East half of the Northwest quarter of the Northeast quarter of the Northwest quarter Section 34-Township 9 North, Range 30 E.W.M., less a strip of land 30' in width along the South line of this property for road purposes, Less 10' PUD right-of-way which begins at NE corner and Except South along East Boundary 220"'; thence Southerly along the Westerly line of said lot with parcel number 112-530-039 to the Southwesterly corner of said lot; thence Easterly along the Southern line of said lot with parcel number 112-530-039 to the Southeasterly corner of said lot; thence Northerly along the Eastern line of said lot with parcel number 112-530-039 to a point being the Southwestern corner of a lot with the parcel number of 112-530-020 with the legal description being"The West half of the Northeast quarter of the Northeast quarter of the Northwest Quarter of Section 34, Township 9 North, Range 30 East W.M., EXCEPT the South 330 feet thereof, in Franklin County, Washington and 30' road easement along the South line Less 10' PUD right- of-way easement"; thence Easterly along the Southern line of said lot with parcel number 112- 530-020 to the Southeastern corner of said lot, also being on the Western line of a lot with parcel number 1 12-530-011 with the legal description being "The East half of the Northeast quarter of the Northeast quarter of the Northwest quarter, Section 34, Township 9 North, Range 30 E.W.M."; thence Southerly along the Western line of said lot with parcel number 112-530-011 to the Southwestern corner of said lot; thence Easterly along the Southern line of said lot with parcel number 11.2-530-011 to the Southeastern coiner of said lot, also being 30-feet West of the North / South center line of said Section 34; thence Northerly along the Eastern line of the said lot with parcel number 112-530-011, also being 30-feet West of and parallel to the North/ South center line of said Section 34 to a point being 50-feet South of the North line of said Section 34; thence Easterly 50-feet South of and parallel to the North line of said Section 34 to the North / South center line of said Section 34; thence Northerly along the North / South center line of said Section 34 to the North quarter corner of Section 34, Township 9 North, Range 30 East, W.M., also being the True Point of Beginning. 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