HomeMy WebLinkAbout3991 Ordinance - Recorded i
After recording return to:
City of Pasco,City Clerk
525 N.3rd Avenue
Pasco,WA 99301 AFN#1762509 ORDiN
CITY OF PASCO, WASHINGTON 0210912011 01:56 PM
6 Pages)$67.00
Matt Beaton,Auditor
ORDINANCE NO. .3 C�l/ Franklin c;o..WA_ _
AN ORDINANCE of the City of Pasco, Washington, relating to Local
Improvement District No. 146, approving and confirming the assessments and
assessment roll of Local Improvement District No. 146 for the improvement of Elm
Avenue north of Alton Street and south of Lewis Street; and to Sycamore, Hugo,
Waldemar and Cedar Avenues north of"A" Street and south of Butte Street, as provided
by Ordinance No. 3932; 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; and,providing for collection of assessments.
WHEREAS, Local Improvement District No. 146 ("LID No. 146" or the"LID") was formed by
Ordinance No. 3872 of the City of Pasco, Washington ("City"). The assessment roll levying the special
assessments against the property located in the LID has been filed with the City Clerk, as provided by
law; and
WHEREAS, by Resolution No. 3296, notice of the time and place of hearing on the LID No. 146
assessment roll, and for making objections and protests to the roll was published and posted according to
law. The tune and place of hearing on the LID No. 146 assessment roll was set the 7"'day of February,
at the hour of 7:00 p.m., local time, in the Council Chambers in the City Hall, Pasco, Washington.
Further notice of the hearingwas 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:
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. 146 ("LID No. 146") 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 Elm Avenue north of Alton Street and south of Lewis Street; and to Sycamore,
Hugo, Waldemar and Cedar Avenues north of"A"Street and south of Butte Street to include curb, gutter,
sidewalks, street lighting and storm drain system, as more particularly described in Exhibit A (the
"Improvements"). The assessments and assessment roll for LID No. 146,as the same now stand, shall be
and the same are approved and confirmed in all things and respects in the total amount of$124,673.48.
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. 146 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 (14) 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. 146. The first installment of assessments
on the assessment roll shall become due and 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 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 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 7"'day of February,2011.
Mayor
[ATTEST]:
'9( )e'� C ,,/- C'( 0
De ra ark, .ity Clerk
APPR S TO FORM:
Leland 2.Kerr,City Attorney
EXHIBIT A
LID No. 146—Kurtzman Park Neighborhood Improvements Phase 1
The LID is to include the work of installing curb,gutter, sidewalk, storm drainage systems,street lighting
and roadway improvements to City of Pasco standards.
hi Street From To
Cedar Avenue East`A' Street 300 feet south of Butte Court
(east side)
Waldemar Avenue 210 feet north of 170 feet south of Butte Street
(east side) East`A' Street
Waldemar Avenue East `A' Street Butte Street
(west side)
Hugo Avenue East `A' Street Butte Street
(east side)
Hugo Avenue 196 feet north of 125 feet south of Butte Street
(west side) East`A' Street
Sycamore Avenue East `A' Street Butte Street
(west side)
Butte Street Sycamore Avenue Hugo Avenue
(north side)
Butte Street Hugo Avenue Waldemar Avenue
(south side)
Butte Street Waldemar Avenue Cedar Avenue
(north side)
Elm Avenue 150 feet north of Lewis Street
(east side) Alton Street
EXHIBIT B
LID No. 146—Kurtzman Park Neighborhood Improvements Phase 1
Legal description of the boundary:
That portion of the south half of Section 28, Township 9 North,Range 30 East, W.M. in Pasco, Franklin
County,Washington,described as follows;
Beginning at the southwest corner of lot 17, block 9 of Kurtzman's First Addition to Pasco, filed for
record in the office of the county auditor, Franklin County, Washington also being on the north line of
East"A" Street;thence easterly,along said north line to the centerline of South Sycamore Avenue;thence
northerly along said centerline to the centerline of East Butte Street; thence westerly, along said
centerline, to a line that is the northerly projection of the west line of lot 32, block 9 of said plat; thence
southerly along said projection and along the west line of lots 17 through 32, all of block 9, to the
southwest corner of said lot 17 and the point of beginning.
Together with the following;
Beginning at the southwest corner of lot 24, block 10 of Kurtzman's First Addition to Pasco, filed for
record in the office of the county auditor, Franklin County, Washington; thence easterly along the south
line of said lot 24 and along the easterly projection of said south line to the centerline of South Hugo
Avenue; thence southerly along said centerline to the north line of East"A" Street; thence easterly along
said north line to the southeast corner of lot 16, block 11 of said plat; thence northerly along the easterly
line of lots 1 through 1.6 to the a line the is parallel with and 30 feet southerly of the centerline of East
Butte Street; thence easterly along said line to a line that is the northerly projection of the west line of lot
32 of said block 11; thence southerly along said projection and along the west line of lots 17 through 32
to the southwest corner of said lot 17, also being on the north line of East "A" Street; thence along said
north line to the centerline of South Waldemar Avenue; thence northerly along said centerline to a line
that is the westerly projection of the south line of lot 8, block 12 of said plat; thence easterly along said
projection and along said south line to the southeast corner of said lot 8; thence northerly along the east
line of lots 7 and 8,both of block 12,to the northeast corner of said lot 7; thence westerly along the north
line of said lot 7 and along the westerly projection of said north line to the centerline of South Waldemar
Avenue; thence northerly along said centerline to the centerline of East Butte Street; thence westerly
along said centerline to the centerline of South Hugo Avenue; thence southerly along said centerline to a
line that is the easterly projection of a line that is parallel with and 5 feet southerly of the south line of lot
29,block 10 of said plat; thence along said projection and along said parallel line to the west line of lot 28
of said block 10; thence southerly along the west line of lot 24 through 28, all of block 1.0, to the
southwest corner of said lot 24 and the point of beginning.
Together with the following:
Beginning at the centerline intersection of South Sycamore Avenue and East Butte Street;thence easterly
along the centerline of East Butte Street to the centerline of South Hugo Avenue; thence northerly along
said centerline to a line that parallel with and 30 feet north of the centerline of East Butte Street; thence
westerly, along said parallel line, to the centerline of South Sycamore Avenue; thence southerly along
said centerline to the centerline intersection of South Sycamore Avenue and East Butte Street and the
point of beginning.
Together with the following:
Beginning at the centerline intersection of South Waldemar Avenue and East Butte Street;thence easterly
along the centerline of East Butte Street to the centerline of South Cedar Avenue; thence northerly along
said centerline to a line that parallel with and 30 feet north of the centerline of East Butte Street; thence
westerly, along said parallel line, to the centerline of South Waldemar Avenue; thence southerly along
said centerline to the centerline intersection of South Waldemar Avenue and East Butte Street and the
point of beginning.
Together with the following:
Beginning at the southwest corner of the southeast quarter of section 28, T9N, R30E, Franklin County
Washington; thence northerly along the west line of said southeast quarter to the north line of East `A'
Street and the true point of beginning; thence easterly along said north line to the southeast corner of lot 1
Short Plat 2002-10 filed for record in the office of the county auditor, Franklin County Washington;
thence northerly along the east line of said lot 1 to the northeast corner of said lot; thence westerly along
the north line of said lot 1 and along the westerly projection of said north line to the west line of said
southeast quarter; thence southerly along said west line to the north line of East `A' Street and the true
point of beginning.
Together with the following:
Beginning at the southeast corner of lot 2, of Short Plat 99-23 filed for record in the office of the county
auditor,Franklin County,Washington; thence westerly,along the south line of said lot 2 to the southwest
corner of said lot 2; thence northerly along the west line of said lot 2 to the south line of East Lewis
Street;thence westerly,along said south line,to a line that is parallel with and 20 feet westerly of the west
line of block 3 of the plat of Acre Park Addition filed for record in the office of the county auditor,
Franklin County, Washington; thence southerly, along said parallel line to a line that is the westerly
projection of the south line of lot 10, block 3 of said plat; thence easterly ,along said projection and along
the south line of said lot 10 to the southeast corner of said lot 10; thence northerly along the east line of
lots 10 through 13, all of block 3,to the southeast corner of said lot 2, of Short Plat 99-23 and the point of
beginning.