HomeMy WebLinkAbout2225 Ordinance2225 ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, approving and
confirming the assessments and the assessment roll
for the construction of sidewalk, curb, and gutter
on both sides of Sylvester from 20th Avenue west to
Road 28 (the freeway overpass) in the City of Pasco
and levying and assessing the cost and expense thereof
against the several abutting lots, tracts, parcels of
land and other property as shown on the assessment
roll.
WHEREAS, the City Council received a report from the City
Engineer, the person responsible for the streets of the city, that
protection of the public health, safety, and welfare required the
construction of curb, gutter and sidewalk along Sylvester Street
west from 20th Avenue to the freeway overpass; and
WHEREAS, by Resolution No. 1256 adopted June 18, 1979, the City
Council required Property owners on both sides of Sylvester Street
from 20th Avenue west to Road 28 (the freeway overpass) to construct
sidewalk, curb, and gutter each at his own expense according to the
plans and specifications set forth therein and further provided that
in the event the required construction was not completed by August
31, 1979, the city would perform and complete such sidewalk Improvement
and assess the cost therefor against the abutting property; and
WHEREAS, by Resolution No. 1256 the City Council fixed the date
for public hearing thereon at 8:00 p.m. on July 2, 1979, in the Council
Chambers of City Hall, 412 West Clark Street, Pasco, Washington, and
caused notice of the hearing to be published, mailed, and delivered
in the manner required by law, and such hearing was duly held at such
time and place and persons were heard both for and against said
resolution; and
WHEREAS, on July 2, 1979, the City Council confirmed Resolution
No. 1256 and determined to proceed with the sidewalk improvement; and
WHEREAS, the sidewalk improvement described in Resolution No.
1256 not completed by the abutting property owners has been completed
by and at the expense of the City of Pasco; and
WHEREAS, the City Engineer prepared and filed with the City Clerk
and with the City Council an assessment roll describing the properties
assessed, the name of the owner, if known, or otherwise stating the
owner is unknown, and setting forth the amount of the assessment as
determined by him based on benefits to the property; and
WHEREAS, the City Council by Resolution No. 1393 fixed the
time and place for a public hearing on said assessment roll for 8-00
p.m. (P.S.T.) on January 5, 1981, in the Council Chambers of City
Hall, 412 West Clark Street, Pasco, Washington, and further directed
the City Clerk to give notice thereof by publication and mail as
required by law;
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WHEREAS, notice of the time and place of hearing on the assessment
roll and for making objections and protests to said roll was duly
published and mailed in the manner and in the form as required by law
as evidenced by the affidavits of publication and mailing filed with
the City Clerk prior to the hearing; and
WHEREAS, the hearing was duly held on the assessment roll at the
time and place fixed by Resolution No. 1393 and all written
protests received were duly considered and all persons appearing at
the hearing were heard and the City Council sitting and acting as
a Board of Equalization for the purposes of considering the roll
found the assessments to be proper and based on benefits for each lot,
parcel, and tract of land shown upon such roll and overruled all such
protests; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS:
Section 1. The assessment and assessment roll for the construction
of improvements consisting of sidewalk, curb, and gutter as required
by Resolution No. 1256 for those properties not having completed the
construction required on Sylvester from 20th Avenue west to Road 28
as the same stand be and the same hereby and all things and respects
approved and confirmed in the total amount of $77,067.73
Section 2. Each of the lots, tracts, parcels of land and other
properties shown upon the assessment roll is hereby determined and
declared to be specially benefited by this Improvement 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 hereby levied and assessed against each lot,
tract, or parcel of land and other property appeatIng upon the roll
the amount finally charged against the same thereon
Section 3. The assessment roll as approved and confirmed shall
be filed with the City Treasurer for collection, and the amount
including Interest, if any, snall become a lien against the property
described therein from the date of such filing. Whenever any payment
on any assessment or installment is delinquent and unpaid for a period
of thirty (30) days or more -Cie lien may be foreclosed in the same
manner and with the same effect as is provided by Chapters 35.43 to
35.54 R.C.W., inclusive, as now or hereafter amended. The collection
of assessments as provided herein shall be in accordance with R.C.W.
35.68.070 as now or hereafter amended.
Section 4. The time and amounts of payments and interest on unpaid
and delinquent amounts shall be fixed by subsequent resolution of the
City Council.
Section 5. This ordinance shall take effect from and after its
passage and five days following its publication as required by law.
ATTX5T:
ri-Wells, City Clerk
Snide -r, Mayor -
-3-
PASSED by the City Council of the City of Pasco, Washington, at
a regular open public meetang thereof and authenticated by its City
Clerk this %j day of ( , 1981.
APPROVED AS TO FORM:
/
tett/142A. g/
DeF .(121 Dennis J. ice, City Attorney
PUBLISHED: January 9, 1991
AFFIDAVIT OF PUBLICATION
COUNTY OF Franklin
)ss
STATE OF WASHINGTON
Phyllis Graves , being first duly sworn on oath depose
she Principal Clerk and says is the of the Tri-City Herald
a daily newspaper That said newspaper is a legal newspaper and has been approved as a
legal newspaper by order of the superior court in the county in which it is published and
it is now and has been for more than six months prior to the date of the publication
hereinafter referred to, published in the English language continually as a daily news-
Franklin paper in County,
Washington, and is now and during all of said time was printed in an office maintained
at the aforesaid place of publication of said newspaper That the annexed is a true
copy of a legal advertisement
Ord. # 2225
as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a
supplement thereof, for a period of one time cAniffsgtoomtvx commencing
on the 9th day of Jan. ,19 81, and
ending on the day of , 19 , and that said
newspaper was regularly distributed to its subscribers during all of this period
That the full amount of $ 123000 has been paid in full, also at the rate of
20- in 0 6.00 = 123.00 0—
Subscribed and sworn to before me this day of Jan. 319 81
Notary Public in and for the State of Washington residing at Pasco
Ordinance No 2225
An Ordinance of the City
of Pdsco, Washington, ap-
proving and confirmin g the
assesments and the assess
ment 'roll for the construc
tion of sidewalk, curb, and
gutter on both sides of Syl-
vester from 20th Avenue
west to Road 28 (the free-wa y overpass) in the City
of Pasco and levying and
assessing the cost and ex-
pense thereof against the
severe abutting lots, tracts,
parcel of land and other
prope y as shown on the
assess ent roll
Wh eas, the City Council h received a report from the
City Engineer, the person
responsible for the streets
of the city that protection I of the public health, safety,
and welfare required the I construction of curb, gutter
and sidewalk along Syl
vester Street west from
20th Avenue to the freewa y overpass, and
Whereas, by Resolution
No 1256 adopted June 18,
1979, the City Council re-
quired property owners on
both sides of Sylvester
Street from 20th Avenue
west to Road 28 (the free-
wa y overpass) to construct
sidewalk, curb, and gutter
each at his own expense
according to the plans and
specifications set forth
therein and further provided
that in the event the re-
Quired construction was not
completed by August 31,
1979, the city would per
form and cdmplete such
sidewalk Improvement and
assess the cost therefor
against the abutting proper-
ty, and
Whereas, by Resolution
No 1256 the City Council
fixed the date for public
hearin g thereon at 8 00
p m on July 2, 1979, in the
Council Chambers of Cit y Hall, 412 West Clark Street,
Pasco, Washington, and
caused notice of the hear
Ina to be published, mailed,
and delivered in the man-
ner required by law, and
such hearing was duly held
at such time and place and
persons were heard both
for and against said resoiu
bon, and
Whereas, on July 2, 1979,
The City Council contimred
Resolution No 1256 and de-
terminaal to proceed with
the sleowalk improvement, and
Whereas, the sidewalk im-
Vrovemont described in
Resolution No 1256 net cetripleted by the abutting
ProPertv owners has been
completed by and e at the
expense of the City of Pas
co, and
Whereas, the City Engi-
neer prepared and filed
with the City Clerk and
with the City Council as as
sessment roll describing the
properties assessed, the
name of the owner, If
known, or otherwise stating
the owner is unknown, and
setting forth the amount of
the assessment as deter-
mined by him based on
benefits to the Prolsertv. and
Whereas, the City Council
by Resolution No 1393 fined the time and Place for a
Public hearing on said as-
sessment roll for 800 om
(P S.T ) on January 5, 1981,
in the Council Chambers of
City Hall, 412 West Clark
Street, Pasco, Washington,
and further directed The
and tleN,f !Mt rt
City
Clerk_ t;bilcatto
give t t nol/cC
mar ag, regul ed by law,
Whreti,,n4tlC of4,4he
time and 'pJacU 'Of Lhearing
on the assessment roll and
for making oblections and
protests to said roll was
duly published and mailed
In the manner and In the
form as required by law as
evidenced by the affidavits
of publication and mailing
filed with the City Clerk
prior to the hearing, and
Whereas, the hearing was
duly held on the assessment
roll at the time and place
fixed by Resolution No 1393
and all written protests re-
ceived were duly considered
and all persons appearing
at the hearing were heard
and the City Council sitting
and acting as a Board of
Equalization for the pur-
poses of considering the roll
found the assessments to be
proper and based on ben-
efits for each lot, parcel,
and tract of land shown
upon such roll and over
ruled all such protests,
Now, therefore,
The City Council of the
City of Pasco does ordain
as follows
Section 1 The assessment
and assessment roll for the
construction of imp rove
ments consisting ofside-
' walk, curb, and gutter as
required by Resolution No
1256 for those properties
not having completed the
construction required on
Sylvester from 20th Avenue
west I to Road 28 as the
same stand be and the
I same„hereby and all things
and respects approved and
' confirmed in the total
!amount of $77,067 73
, S _ ection 2 Each of the-
lots, tracts, parcels of land -
and other properties shown
' upon the assessment roll is
hereby determined and de-
clared to be specially ben-
efited b y this improvement
In a+ least the amount
charged against the same,
and the assessment appear
ing against the same is In
proportion to the several
assessments appearing upon
the roll There is hereby
levied and assessed against
each lot, tract, or parcel of
land and other property aP-
peering upon the roll the
amount finally charged
against the same thereon
Section 3 The assessment
roll as approved and con-
firmed shall be filed with
the City Treasurer for col-
lection, and the amount in
cluding interest, If any,
shall become a lien against
the property described
therein from the date of
such filing Whenever any
Payment on any assessment
or installment is delinquent
and unpaid for a period of
thirty (30) days or more
the lien may be foreclosed
In the some manner and
with the smae effect as is
Provided by Chapters 35 42
to 35 54 R C W , inclusive,
as now or hereafter
amended The collection of
assessments as provided
herein shall be in accord
7bnce with R C W 35 68 070
[as now or hereafter
amended
Section 4 The time and
amounts of payments and
interest on unpaid and
delinquent amounts shall be
fixed by subsequent resolu
flan of the City Council
Section 5 This ordinance
shall take effect from and
after Its, passage and five
!days following its pub
lication was required by
law
' Passed by the City Coun-
cil of the City of Pasco,
Washington, at a regular
open public meeting thereof
and authenticated by Its
City Clerk this 5th day of
January, 1981
S E A Snider, Mayor
Attest
s- Evelyn Wells,
City Clerk
Approved as to Form
s- Dennis J De Felice,
City Attorney
Legal No 9750 — Jan 9,
1981