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HomeMy WebLinkAbout4125 OrdinanceORDINANCE NO. I Z. AN ORDINANCE of the City of Pasco, Washington, relating to Local Improvement District No. 148; approving and confirming the assessments and assessment roll of Local Improvement District No. 148 for the purpose of making improvements to Waldemar, Cedar, Hugo and Sycamore Avenues and Alton, and Helena Streets in the Kurtzman area to City street standards, including road widening, curb, gutter, sidewalk, storm drain system and street lighting, as provided by Ordinance No. 3988; 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. 148 ( "LID No. 148" or the "LID ") was formed by Ordinance No. 3988 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. 3487, notice of the time and place of hearing on the LID No. 148 assessment roll, and for making objections and protests to the roll was published and posted according to law. The time and place of hearing on the LID No. 148 assessment roll was set the 3rd day of September, at the hour of 7:00 p.m., local time, in the Council Chambers in the City Hall, Pasco, Washington. Further notice of the hearing was mailed by the City Clerk to each property owner shown on the roll; and WHEREAS, the public hearing was continued until September 16, October 7 and finally until the 4th day day of November, at the hour of 7:00 p.m., local time, in the Council Chambers in the City Hall, Pasco, Washington; 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. 148 ( "LID No. 148 ") 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 Waldemar, Cedar, Hugo and Sycamore Avenues and Alton, and Helena Streets in the Kurtzman area to City street standards, including road widening, curb, gutter, sidewalk, storm drain system and street lighting as more particularly described in Exhibit A (the "LID 148 — Kurtzman Park Neighborhood Improvements "). The assessments and assessment roll for LID No. 148, as the same now stand, shall be and the same are approved and confirmed in all things and respects in the total amount of $235,104.00. 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. 148 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 3.6% per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement district installment note for Local Improvement District No. 148. 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 4th day of November, 2013. Matt Watkins Mayor APPROVED AS TO FORM: '—b Leland B. Kerr City Attorney EXHIBIT A LID No. 148 — Kurtzman Park Neighborhood Improvements Phase 2 The LID 148 improvements include road widening, curb, gutter, sidewalk, storm drain system, and street lighting. In Street Sycamore Avenue Hugo Avenue Waldemar Avenue Cedar Avenue Helena Street Alton Street From Butte Street Butte Street Butte Street Butte Street 150 feet West of Sycamore Avenue Hugo Avenue To Alton Street Alton Street Alton Street Alton Street Cedar Street 200 feet East of Waldemar Avenue EXHIBIT B LID 148 - Kurtzman Park Street Improvements Legal description of the boundary: That portion of the South half of Section 28, Township 9 North, Range 30 East in the City of Pasco, Franklin County, Washington more accurately described as follows: Kurtzman's First Addition Block 1 , North one -half Lot 14 and Lots 15 through 22 together with those adjacent portions of vacated Sycamore Avenue; Together with Kurtzman's First Addition Block 2, Lots 1 through 22 together with those adjacent portions of vacated Hugo Avenue, Helena Street and Sycamore Avenue; Together with Kurtzman's First Addition Block 3, Lots 1 through 22 together with those adjacent portions of vacated Waldemar Avenue, Helena Street and Hugo Avenue; Together with Kurtzman's First Addition Block 4, Lots 1 through 22 together with those adjacent portions of vacated Waldemar Avenue and Helena Street; Together with Kurtzman's First Addition Block 5, Lots 1 through 32 together with those adjacent portions of vacated Butte Street, Waldemar Avenue and Helena Street; Together with Kurtzman's First Addition Block 6, Lots 1 through 14 and Lots 25 through 32 together with those adjacent portions of vacated Hugo Avenue, Waldemar Avenue and Helena Street; Together with Kurtzman's First Addition Block 7, Lots 6 through 28 together with those adjacent portions of vacated Butte Street, Sycamore Avenue and Hugo Avenue; Together with Kurtzman's First Addition Block 8, Lots 23 through 32 together with those adjacent portions of vacated Sycamore Avenue and Helena Street; Together with the West 30 rods of the Southwest quarter of the Southeast quarter of Section 28, Township 9 North, Range 30 East W.M., except the South 880 feet and the West 15 feet thereof.