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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.