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Home My WebLink About4137 OrdinanceORDINANCE NO. `7 ! 3 —7 AN ORDINANCE of the City of Pasco, Washington, relating to Local Improvement District No. 149; approving and confirming the assessments and assessment roll of Local Improvement District No. 149 for the purpose of making roadway improvements, curb and gutter, sidewalk, storm drainage, and handicap ramps to current ADA standards, driveway approaches and other associated street work of South Cedar, South Hugo Avenues and East Alton Street, as provided by Ordinance No. 4035; 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. 149 ( "LID No. 149" or the "LID ") was formed by Ordinance No. 4035 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. 3488, notice of the time and place of hearing on the LID No. 149 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. 149 assessment roll was set the 2nd day of December, 2013, 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 the 6th day of January, 2014, 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. 149 ( "LID No. 149 ") has been created and established for the purpose of providing for the improvement of the properties within the area described in Exhibit B, by roadway improvements, curb and gutter, sidewalk, storm drainage, and handicap ramps to current ADA standards, driveway approaches and other associated street work of South Cedar, South Hugo Avenues and East Alton Street as more particularly described in Exhibit A (the "LID 149 — Kurtzman Park Improvements Phase 3 "). The assessments and assessment roll for LID No. 149, as the same now stand, shall be and the same are approved and confirmed in all things and respects in the total amount of $261,504.37. 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. 149 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. 149. 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 6th day of January, 2014. Matt Watkins Mayor ATTEST: A / \ �l 1 e ra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney EXHIBIT A LID No. 149 — Kurtzman Park Neighborhood Improvements Phase 3 The LID 149 improvements include road widening, curb, gutter, sidewalk, storm drain system, and street lighting, and associated improvements all to City street standards. In Street S. Hugo Avenue S. Cedar Avenue (West half of street) E. Alton Street From E. Alton Street E. Alton Street S. Hugo Avenue To E. Lewis Street E. Lewis Street S. Cedar Avenue EXHIBIT B LID 149 - Kurtzman Park Sheet Improvements Phase 3 Legal description of the boundary: That portion of the north half of the south half of Section 28, Township 9 North, Range 30 East, Willamette Meridian, in the City of Pasco, Franklin County, Washington more accurately described as: Commencing at the center of Section 28, Township 9 North, Range 30 East, Willamette Meridian (W.M.), in the City of Pasco, Franklin County, Washington; thence, southerly along the center section line of Section 28, Township 9 North, Range 30 East, W.M., a distance of 30 feet to the south right -of -way line of East Lewis Street, being the True Point of Beginning; thence, westerly across the right -of -way of South Cedar Avenue to the southwest corner of East Lewis Street and South Cedar Avenue; thence, westerly along the south right -of -way line of East Lewis Street across the north line of Acre Park Addition, Block 1, Lot 1 and 14, continuing westerly across the right -of -way of South Hugo Avenue; continuing westerly across the north line of Acre Park Addition, Block 2, Lot 1, to the northwest corner of said lot 1; thence, southerly along the west line of Lot 1, 2, 3, and 4; thence, continuing southerly along the west line of Short Plat 2002 -16, Lot 1, 2, and 3, Short Plat 99 -01, Lot 1, 2, and 3, and Short Plat 97 -19, Lot 1 and 2 to the southwest corner of said Lot 2; thence, continuing southerly across East Alton Street to the south right -of -way line of East Alton Street; thence, easterly along the south right -of -way line of East Alton Street to the west right -of -way line of South Cedar Avenue; thence easterly across the right -of -way of South Cedar Avenue to the center section line of Section 28, Township 9 North, Range 30 East, W.M., thence northerly along the section line a distance of 1,292 feet more or less, to the True Point of Beginning. CERTIFICATION I, Debra L. Clark, City Clerk of the City of Pasco, Washington (the "City "), hereby certify as follows: 1. The attached copy of Ordinance No.qa7the "Ordinance ") 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 6th day of January, 2014, 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 m ha this �a� C( Debra L. Clark, City Clerk