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HomeMy WebLinkAbout2239 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE NO. 2239 AN ORDINANCE of the City of Pasco, Washington, approving and confirming the assessments and assessment roll of Local Improvement District No. 109 for the improvement of the northeast quarter of Section 29, T9N, R3OEWM, and the northwest quarter of Section 28, T9N, R3OEWM, lying north of East Lewis Street and East of Oregon Avenue within the City of Pasco, Washington, to City standards by grading, constructing and installing sanitary sewer lines, storm sewer lines, water mains, sewer stubs, water stubs, curbs, gutters, base rock, asphalt concrete surfacing, illumination and all incidental work, and levying and assessing the cost and expense thereof against the several lots, tracts, parcels of land and other property as shown on the assessment roll. WHEREAS, the assessment roll levying the special assess- ments against the property located in Local Improvement District No. 109 in the City of Pasco, Washington (the "City"), has been filed with the Clerk of the City as provided by law; and WHEREAS, notice of the time and place of hearing thereon and making objections and protests to the roll was duly published at and for the time and in the manner provided by law fixing the time and place of hearing thereon for the 17th day of February, 1981, at the hour of 8:00 p.m. local time in the Council Chambers in the City Hall, Pasco, Washington, and further notice thereof was duly mailed by the City Clerk to each property owner shown on the roll; and WHEREAS, at the time and place fixed and designated in the notice the hearing was duly held 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 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 enhance- ment of the fair market value of each such parcel of land by reason of the improvement, overruled all such protests; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN, as follows: Section 1. The assessments and assessment roll of Local Improvement District No. 109 which has been created and established for the purpose of improving the northeast quarter of Section 29, T9N, R3OEWM, and the northwest quarter of Section 28, T9N, R3OEWM, lying north of East Lewis Street and East of Oregon Avenue within the City of Pasco, Washington, to City standards by grading, con- structing and installing sanitary sewer lines, storm sewer lines, water mains, sewer stubs, water stubs, curbs, gutters, base rock, asphalt concrete surfacing, illumination and all incidental work, as provided by Ordinance No. 2162, as the same now stand be and the same are hereby in all things and respects approved and con- firmed in the total amount of $ 21236,9VA/7 Section 2. Each of the lots, tracts, parcels of land and other property 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 1 , appearing against the same is in proportion to the several assess- ments appearing upon the roll. There is hereby levied and assessed against each lot, tract or parcel of land and other property appear- ing 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 Treasurer of the City for collection and the Treasurer is hereby authorized and directed to publish notice as required by law stating that the roll is in her hands for collec- tion and that payment of any assessment thereon or any portion of such assessment can be made at any time within thirty days from date of first publication of such notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in ten equal annual installments with interest thereon hereby fixed at the rate of 12% per annum, provided, however, that if the net effective interest rate fixed on the local improvement bonds here- after issued for Local Improvement District No. 109 is other than 11-1/2% per annum, the interest rate on the unpaid assessments shall be revised to a rate of 1/2 of 1% in excess of the net effec- tive interest rate on such bonds. The first installment of assess- ments on the assessment roll shall become due and payable during the thirty-day period succeeding the date one year after the date of first publication by the Treasurer of notice that the assessment roll is in her hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner. AUT NTICATED: er APPROVED AS TO FORM: City Attorney 4LL, If the whole or any portion of the assessment remains unpaid after the first thirty-day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments, together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the thirty-day period during which such installment is due and payable shall thereupon become delinquent. All delinquent installments shall be subject to a charge for inter- est at the rate as determined above and for an additional charge of 6% penalty levied upon both principal and interest due upon such installment or installments. The collection of such delinquent installments shall be enforced in the manner provided by law. Section 4. This ordinance shall take effect from and after its passage and five (5) days following its publication as required by law. PASSED by the City Council of the City of Pasco, Washing- ton, at a regular open public meeting thereof, this 17th day of February, 1981. 7-- 1 City of Pasco Washington An `Ordinance of the City Ordinance No 2239 of Pasco, Washington, ap- proving and confirming the assessments and assessment V rah, of k_ocal Improvemept --/' I ‘-• ;131 1strict No 109 for the Im- '-pt,:gelier)t." of the northeast auiffter of 16gaion - 29; TM 4 R3OEWM, and the northwest - quarter of Section 28, T9N, R3OEWM, lying north of East Lewis Street and East of Oregon Avenue within the City of Pasco, Washing- ton, to City standards by grading, constructing and insto.ling sanitary sewer lines, storm sewer lines, watel, mains, sewer stubs, water stubs, curbs, gutters, base rock, asphalt concrete summing, illumination and all incidental work, and levying and assessing the cost and expense thereof against the several lots, tracts, parcels of iand and other property as shown on the assessment roll Whereas, the assessment roll levying the special as sessments against the prop erty located in Local Improvement District No i 109 in the City of Pasco, Washington (the "City ), has been filed with the Clerk of the City as protid- ed by law and Whereas, notice of the time and place of hearing thereon and making oblec tions and protests to the I roll was duly published at and for the time and in the manner provided by law fixing the time and place of hearing thereon for the 17th day of February, 1981, at the hour of 8 00 p m local time in the Council Cham- bers in the City Hall, Pas- co, Washington, and further notice thereof was duly mailed by the City Clerk to each property owner shown on the roll, and Whereas, at the time and place fixed and designated In the notice the hearing was duly held and all writ- ten protests received were duly considered and all per- sons appearing at the hear mg were heard, and the City Council, sitting and acting as a Board of Equal- ization for the purpose of considering the roll and the special benefits to be re- ceived by each lot, parcel and tract of land shown upon such roll, Including the Increase and enhance- ment of the fair market value of each such parcel of land by reason of the improvement, overruled all such protests now, therefore The City Council of the City of Posco Washington, do ordain as follows Section 1 The assess ments and assessment roll of Local Improvement Dis trict No 109 which has been created and estab- lished for the purpose of improving the northeast quarter of Section 29, T9N, R3OEWM, and the northwest Quarter of Section 28, T9N, R3OEWM lying north of East Lewis Street and East of Oregon Avenue within the City of Pasco, Washing- ton to City standards by grading constructing and installing sanitary sewer lines storm sewer lines, water mains sewer stubs, water stubs, curbs, gutters, base rock, asphalt concrete surfacing, illumination and oil incidental work, as pro- vided by Ordinance No 2162 as the same now stand be and the same are hereby in all things and re- spects approved and con- firmed In the total amount of $2 236,954 17 COUNTY OF Benton )ss STATE OF WASHINGTON Phyllis Graves , being first duly sworn on oath deposes 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- paper in Benton 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. # 2239 as it was printed in the regular and entire issue of the Tri City Herald itself and not in a supplement thereof, for a period of one time Ingootinginch§, commencing on the 22nd day of Feb. 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 $ 126.00 Subscribed and sworn to before me this 2 3 rd day of 21 in.@ 6600 = 126,00 fh c<__>,z, Notary Public in and for the State of Washington residing at Pasco AFFIDAVIT OF PUBLICATION has been paid in full, also at the rate of Feb. ,19 81 ,19 81 ,and Section 2 Each of the lots, tracts, parcels of land and other property shown upon the assessment roll is hereby determined and de- clared to be specially ben efited by this improvement in of least the amount charged against the some and the assessment appear mg 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- pearing upon the roll the amount finally charged against the some thereon Section 3 The assessment roll as approved and con firmed shall be filed with the Treasurer of the City for collection and the Treasurer is hereby author- ized and directed to publish notice as required by law stating that the roll is in her hands for collection and that payment of any assess ment thereon or any par flan of such assessment can be made at any time within thirty days from date of first publication of such no- tice without penalty, interest or cost and that thereafter the sum remaining unpaid nay be 'V.xild in ten equal annual installments with in terest thereon hereby fixed at the rate of 12% per an- num, provided, however that if the net effective in terest rate fixed on the lo cal improvement bonds hereafter issued for Local Improvermant District No 109 is other than 111/2% per annum, the interest rate on the unpaid assessments shall be revised to a rate of V2 of 1% in excess of the net effective interest rate on such bonds The first installment of assess- ments on the assessment roll shall become due and payable during the thirty day period succeeding the date one year after the date of first publication by the Treasurer of notice that the assessment roll is in her hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner If the whole or any portion of the as- sessment remains unpaid after the first thirty-day pe- riod, interest upon the whole unpaid sum shall be charged at the rate as de- termined above, and each year thereafter one of the installments, together with interest due on the unpaid balance, shall be collected Any installment not paid prior to expiration of the thirty-day period during which such installment is due and payable shall thereupon become delinquent All delinquent in- stallments shall be sublect to a charge for interest at the rate as determined above and for an additional charge of 6% penalty levied upon both principal and in terest due upon such install ment or installments The collection of such delinquent installments shall be en- forced in the manner pro- vided by law Section 4 This ordinance shall take effect from and after its passage and five (5) days following its pub lication as required by law Passed by the City Coun cil of the City of Pasco, Washington, at a regular open public meeting thereof, this 17th day of February, 1981 -s- E A Snider Mayor Authenticated -s- Evelyn Wells City Clerk Approved as to Form City Attorney Legal No 10081 — Feb 22, 1981 wcoa.01,44folux ,Iviwo4;k:11 ,wwW7V15,W.t. FINANCE DEPARTMENT (509) 545-3401 Scan 726-3401 , P 0. BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 February 18, 1981 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 nentl emen Please publish the attached Ordinances on the following date February 22, 1 981 Please send two (2) Affidavits of Publication for each with the exception of Ordinance Nos 2238 and 2239 Those two Ordinances will require three (3) Affidavits of Publication each Sincer,ely yours, , , Evelyn Wells City Clerk ew