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HomeMy WebLinkAbout2500 Ordinance41f W. J son, Mayor A AS TO FORM: ubstello, City Attorne ORDINANCE NO. 2500 AN ORDINANCE concerning the foreclosure of Local Improvement District Assessments and Amending Ordinance No. 2491 and Section 3.08.080 of the Pasco Municipal Code THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. Ordinance No. 2491 passed by the City Council On March 19, 1984 and Section 3.08.080 of the Pasco Municipal Code are hereby amended to read as follows: 3.08.080 TIME FOR FORECLOSURE OF DELINQUENT LID ASSESSMENTS. Proceedings for the foreclosure of delinquent Local Improvement District Assessments or delinquent installments thereof shall be commenced on or before Apf±I-15 June 1 of that year in which on the first day of January, two installments of any local improvement assessment are delinquent, or if the final installment thereof has been delinquent for more than one year. Section Two. This ordinance shall take effect five (5) days after passage and publication. PASSED this 7 day of May, 1984 and approved by the Mayor. IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF FRANKLIN CITY OF PASCO, a municipal ) corporation of the State of ) Washington, ) ) Plaintiff, ) ) vs. ) ) MACK A. HOUSTON and NOREEN M. ) HOUSTON, husband and wife; ) RAINIER MORTGAGE, MARGARET K. ) ARLEDGE, ROBERT J. MCCARTHY ) and LOIS L. MCCARTHY, husband ) and wife; ROBERT G. ADAIR; ) FLOYD GERKIN; MID-COLUMBIA ) COMMERICAL INVESTORS, COLUM- ) bIA EAST PARTNERSHIP, KENNE- ) WICK WEST LIMITED PARTNERSHIP, ) METROPOLITAN MORTGAGE & SECUR- ) ITIES CO., INC.; MOUNT CARMEL ) BAPTIST CHURCH; FLEET MORTGAGE ) ASSOCIATION, ESPIRIDION RAMOS ) and JOSIE RAMOS, husband and ) wife, PIONEER NATIONAL TITLE ) INSURANCE, BANCSHARES MORT- GAGE COMPANY, MORTGAGE ASSO- ) CIATES, INC.; VIOLA CASTILLO, ) PIONEER NATIONAL TITLE COMPANY,) BANCSHARES MORTGAGE COMPANY, ) MORTGAGE ASSOCIATES, INC.; ) WILLIAM MARTIN JR. and NICKY ) MARTIN, husband and wife, ) MILBINA ASHCRAFT; JACK J. ) WHITE and JEAN G. WHITE, hus- ) band and wife, and HAROLD E. ) DUVALL and ALYCE E. DUVALL, ) husband and wife; DAVID ) MCDONALD and JUSTINE MCDONALD, ) husband and wife; WILLIAM J. ) VOLK; CHARLES S. SMITH and ) WANDA W. SMITH, husband and ) wife; WILKINS, ALBERT R., ) TRANSAMERICA TITLE INSURANCE ) NO. COMPLAINT FOR FORECLOSURE OF LOCAL IMPROVEMENT ASSESSMENT LIENS (ALTERNATIVE PROCEDURE) COMPLAINT - 1 PASCO CITY ATTORNEY 412 WEST CtARK STREET P 0 BOX 293 PASCO WASHINGTON 99301 PHONE 15091 545 3406 SCAN 726 3404 COMPANY, AETNA INDUSTRIAL LOAN ) COMPANY; WILLIS G. KELLIE and ) ELAINE M. KELLIE, husband and ) wife; ELISEO BALDDERAMA, KATHLEEN ) RHOADS, LYNNE COOPER and DONALD ) HAYS COOPER; CARL A. PHILLIPS and ) DEBORAH D. PHILLIPS, husband and ) wife, KATHY RHOADS, LYNNE COOPER ) and DONALD HAYS COOPER; ROBERTO ) TREVINO and ANGELITA TREVINO, ) husband and wife, KATHLEEN ) RHOADS, LYNNE COOPER and DONALD ) HAYS COOPER, FIRST AMERICAN TITLE ) INSURANCE COMPANY, DAYLE R. TATT- ) RYE; CHARLES EBERLE, et al, ) ROBERT J. HANER, JR., WASHINGTON ) MUTUAL SAVINGS BANK; EMMETTE ) PITRE and PRISCILLA PITRE, hus- ) band and wife; WILLIAM JOHNSON, ) SR. and ARLINE JOHNSON, husband ) and wife; WILLIAM H. AVERY, JR. ) and FRANCES J. AVERY, BETTY JANE ) GETCHELL, EARL CHESTER TRELSTAD ) and BETTY JANE TRELSTAD, husband ) and wife, WALLA WALLA FEDERAL ) SAVINGS & LOAN ASSOCIATION; ) ARCHIE L. HAYES, DONNA J. TOWNE ) SPRINKLE, aka DONNA JEAN TOWNE; ) FRANKLIN COUNTY-TREASURER; R. L. ) VAUGHT and JEAN R. VAUGHT, husband ) and wife; DAVID MARQUEZ and REUBEN ) MARQUEZ, BARBARA B. MILES; BAR ) ELEVEN INVESTMENTS, DICK WILLIAMS ) and ALINE WILLIAMS, husband and wife,) GERALD CHAVEZ and LOVEVAINEY CHAVEZ, ) husband and wife, and STEVE WILLIAMS;) JAMES A. KIRK, WILLIS SHEARER and ) HELEN M. SHEARER, husband and wife, ) TRANSAMERICA TITLE INSURANCE COMPANY,) YAKIMA FEDERAL SAVINGS AND LOAN ) ASSOCIATION; COLUMBIA MEMORIAL ) GARDENS, FRANK C. HATCH and MARIAN ) W. HATCH, husband and wife, ANGELINE ) D. FIEDLER, UPPER COLUMBIA MISSION ) SOCIETY OF SEVENTH DAY ADVENTISTS, ) PIONEER NATIONAL TITLE INSURANCE ) COMPANY, TRANSAMERICA TITLE INSUR- ) ANCE COMPANY, ZIONS CHARITABLE ) UNITRUST; FOUR STAR INVESTMENT ) CORPORATION, V. THOMAS AUSTIN, ) TRANSAMERICA TITLE INSURANCE COMPANY ) I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COMPLAINT - 2 PASCO CITY ATTORNEY U2 WEST CUM STREET 0 90X 293 PASCO WASHINGTON 99301 PHONE(50E) 345-3408 SCAN 720 3400 JONES PROPERTIES, INC., HELWIG, ) BUTLER & ASSOCIATES, PBS, PS, ) J. ROBERT WALKER, EDWIN WONG, ) INC., PS, FREDERICK R. BARKER, ) KARL A. PALMER and MARGARET A. ) PALMER, husband and wife, ) WALLACE W. MEYER and RUTH J. ) MEYER, husband and wife, ROBERT ) COX & SONS, INC., DARREL C. ) JONES and DELORES A. JONES, ) husband and wife, WALLA WALLA ) FEDERAL SAVINGS AND LOAN ASSO- ) CIATION; ARTHUR KROWS, J. L. ) RANSIER and JEANNINE RANSIER, ) husband and wife; FLEET MORT- ) GAGE COMPANY, ANGEL GARCIA, ) JESUS CASTANEDA MARTINEZ and ) MARIA DE LA LUZ CASTANEDA, ) TRANSAMERICA TITLE INSURANCE ) CO., BANCSHARES MORTGAGE COM- ) PANY, MORTGAGE ASSOCIATES, INC.,) ROBERT B. LESLIE JR.; JOHN ) BROCKMEIER and CAROL S. BROCK- ) MEIER, husband and wife, ) PIONEER NATIONAL TITLE INSUR- ANCE COMPANY, BANCSHARES MORT- GAGE COMPANY, PACIFIC NATIONAL ) BANK OF WASHINGTON; WILLIS L. ) ORANGE, LOUISE ROPER, WALLA ) WALLA FEDERAL SAVINGS AND LOAN ) ASSOCIATION; WESTERN HERITAGE ) FINANCIAL CORP.; DAYLE F. ) TATTRIE; and all persons unknown) who may have an interest or ) claim of interest in any of the ) real estate described below, ) ) Defendants. ) 1. Defendants. Defendants are those claiming an interest in or who may have an interest in any of the properties described in the Summons. The names that are underlines in the above caption are those names appearing on the City of Pasco Assessment Rolls and the Franklin County treasurer's tax rolls as owners of the property charged with the assessments. COMPLAINT - 3 PASCO CITY ATIORNEY 412 WEST CtARK STREET P 0 BOX 299 PASCO WASHINGTON 99301 PHONE IS139) 849-3400 SCAN 129 3408 2. Authorizing Ordinance. The following listed ordinances of the City of Pasco were passed by the Pasco City Council, approving the following listed LID's, under which the improvement described in each of the corresponding ordinances were made: LID ORDINANCE 2169 84 86 93 97 98 103 104 105 106 107 109 110 111 2003 1766 1727 1935 2025 2130 2151 2104 2148 2152 2162 2167 2183 as amended by 3. Assessment. Assessment was levied for the improvements against each of the properties, all situated in Pasco, Franklin County, Washington, described in the Summons and Affidavit of Mailing, filed contemporaneously with this Complaint; all of whic were listed in assessment rolls confirmed by the Pasco City Council. 4. Delinquency. This action for foreclosure is brought due to the delinquency of two or more of the installments on the assessments against the properties described in the Summons and Affidavit of Mailing filed contemporaneously with this Complaint. The date of delinquency of each such installment is set forth in said Affidavit of Mailing which is incorporated herein as if fully set forth. COMPLAINT - 4 PASCO CITY ATTORNEY 412 WEST CLARK STREET P 0 BOX 293 PASCO WASHINGTON 99301 PHONE 15091 545-3400 SCAN 724 3404 5. Non-Payment. Each of the Installments referred to above have not been paid prior to delinquency or at all. WHEREFORE, Plaintiff requests that judgment be entered for the Plaintiff as follows: A. The court order the entire unpaid LID assessment against each of the properties described in the Summons and Affidavit of Mailing foreclosed. B. That each of said properties be ordered sold and an order of sale issued pursuant thereto for the enforcement of the judgment. C. Specifying separately for each property the amount of the assessment, with interest, penalty, and costs chargeable thereto as allowed by law and according to proof. D. For such other and further relief as to the court may seem just and proper. DATED Greg A. Rubstello Pasco City Attorney COMPLAINT - 5 PASCO CITY ATTORNEY 413 WEST CLAM STREET P 0 BOX 293 PASCO WASHINGTON 99901 PHONE 1509) 545 3408 SCAN 726 3406 AFFIDAVIT OF PUBLICATION COUNTY OF Franklin ',STATE OF WASHINGTON )ss Eileen $cott being first duly sworn on oath deposes and says she is thePrinciPal clarkof the Tr-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 here mafter referred to, published in the English language continually as a daily newspaper in Franklin 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 ad "Ordinance No 2500 AROBA gg as it was printed in the regular and entire xsue of the Tn City Herald itself and not in a supplement thereof, for a period of consecutive weeks, commencing on the 11th day of May ,1434 , and ending on the llth day of May , 19 84 , and that said newspaper was regularlisakā€¢uted to its subscribers during all of this period That the full amount of P`t° =iv has been paid in full, also at the rate of 5 incLes @ $6.90 a $34.50. J Subscribed and sworn to before me this 17th day of MaY , 19 84 Notary Public in and for the State of Washington, residing at Pasco FINANCE DEPARTMENT 1509) 545-3401 Sean 726-3401 P. 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 May 8, 1984 In City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen. Please publish the attached Ordinances on the following date May 11, 1984 Please send two (2) Affidavits of Publication for each. Sincer urs, Evelyn Wells City Clerk ew