HomeMy WebLinkAbout0221 OrdinanceORDIITANCE NO. 221.
AIT ORDI_IAIME CAITCELLING T.HL ORIGINAL ASSES2HKIi 2011 AND THE ASSES3�� ii `P3
LEVIED, ESTABLISHED ANI) COITFIMMD BY ORDINAITCE NO. 200. UNDER PROCEEDING, OF
ITJPROVEI ANT ORDERED BY ORDIITAITCE NO. 172. CREATING LOCAL L.E.'ROVE-1m dT DIST7ICT
NO. 43. AND PROVIDING FOR AND ORDERING A REASSE35MOINT FOR SAID ITLPROVTZr I ?T AITD
T-11 PR111PA_IZATION OF AN A.1SES_'TJE11T ROLL TIIEREFOR UPON THE PROPERTY WHICH iD1S B_�--:IT
OR WILL BE BENEFITED ,BY SUCH LOCAL I:IPROVEI,ENT.
THE CITY COUNCIL OF TIM, CITY Or PA3CI DO ORDAIN AS FOLLOi7S;
SECTIOIT 1. Uhereas pursuant to Chapter 111 and Ohapter 93 Session Laws of
1911, tine City Council:of tho City of Pasco passed Ordinance No. 172. creating
Local Improvement District I4o.43 for the purpose of furnishing all property in
said Local Improvement District ido. 43 with a supply pf water for irrigation and
domestic purposes and providing for the construction of a piping system fpr the
distribution of said eater; and whereas the assessment roll and the assesLTneats
for Local Improvement District No. 43 was confirmed by Ordinance No. 200 Pas
sed on idove, ber 19th 1912.
And whereas under the decisiln of the Supreme Boum of the Dtate of
i7ashington, in tine case entitled Gantenbein vs. Pasco, 70 Wash. 635. it ,-ias held
that one of the principal contracts upon whmch said assessment was levied ..as
void;and the asses;, -.,hent based thereon also void; and whereas the Cibty Council has
heretofore entered into a good and valid and lawful contract for the purchase of
said water and the im-orovement has at this rime boen completed and it is now the
the duty of the Cuty Cobmcil to levy a reassessment.
SEC`T'ION 2. iTow therefore it is hereby ordered that the assessment roll and
the assessments levied, established and confirmed againsr the respective lots,
tracts, and parcels of land included wirhin Local Improvement District No. 43
created and estahlished by Ordinance No. 172 be and the -lame are hereby set
aside, annulled, cancelled and held void;
SEMON 3. The City Council of the City of Pasco does hereby order that the
special assessments for said local improvement be reassessed and enforced on all
the property in said Lodal Assessment District No. 43 to Pay for said Improvement.
SECTION 4. T' -`e City Engineer is therefore directed to prepare forthwith a
reassessment roll and certigy same to tine City Council, which assessment roll
shall contain the description of each lot or parcel of laid or other property
to be as•-es:ed and the amount to he charged, levied or assessed against the same,
and the name of t -ie owner, if Imown; and shall include only such pro?erty as,has
been or will he henefuted bt sych local improvement and the ..Peasses ment shall
be bassd upon rhe actual costs of such water system at the time of irs completion
and the roll may include ahy-pro)erty that is found specially beneft.ted b$ such
improvement, wi,ert?ier or not the same -,jas included in tj;o original assessment dis-
trict; such assessment shall be for an amount equal to the actual coats and expense
Of the improvement together with the acc#ued 4ntrost ; i.[ any
SECTION 5. it is further ordered that the new assessment and the pa0rnent
thereof shall be contriblled and governed by the progisions of ordinance No. 172
and it is furtlher ordered thar the new asc;essment afiber delinquency may be divided
into and paid in ten (10) equal installments with interest at the rate of 7110 per
anum; such installments and intrest to become due and payable in the same manner
as t ie origin a „o s:icnt and sjall be zoverned in :1.11 ways by the provision
of Ordinance ilo. 172 ordering the original improvement and by tine provisions
of tI,,o City of .a:. co ,;overning Local improvements being Ordinance i;o. 142
gassed aihd ap:rovedd August 29th, 1011.
Passed and approvod this 21st. day of October, 1913,
Published October, 24th, 1913.
i
�a I;Ta-
Attest:
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CiClerk-
I hereby certify that ti ie above and Torogoing is a true and complete copy
of t' -_v ori,,i-_na1 OrdLinance a6 passed and published, aih Ci. is now on vile in -r- o"I'lec.
City Clerk.