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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; -2- 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