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HomeMy WebLinkAbout4429 OrdinanceORDINANCE NO. �i� AN ORDINANCE of the City Council of the City of Pasco, Washington, approving and confirming the assessments and assessment roll of Local Improvement District No. 150 for the construction of roadway improvements as provided by Ordinance No. 4393, and levying and assessing a part of the cost and expense thereof against the several lots, tracts, parcels of land and other property as shown on the assessment roll. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY ORDAIN as follows: Section 1. RECITALS AND FINDINGS. 1.1 The assessment roll levying the special assessments against the property located in Local Improvement District No. 150 in the City of Pasco, Washington, has been filed with the City Clerk as provided by law. 1.2 Notice of the time and place of the hearing to make objections and protests to the roll was published in the manner provided by law fixing the initial time and place of the hearing for March 18, 2019, at 7:00 p.m., local time, in the Council Chambers of City Hall, Pasco, Washington, and further notice of the hearing was mailed by the City Clerk to each property owner shown on the roll. 1.3 At the time and place fixed and designated, the hearing was held, all written protests received were considered, and all persons appearing at the hearing who wished to be heard were heard; testimony was given under oath; and, testimony was subject to cross examination. 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 that roll, including the increase and enhancement of the fair market value of each parcel of land by reason of the improvement, considered all such protests. 1.4 Following its consideration of all such protests, the City Council directed the preparation of an ordinance including Findings, Conclusions, and Decision Regarding LID No. 150 which are attached hereto as Appendix A, including list of hearing exhibits at Appendix B, and are incorporated herein by this reference. Section 2. ROLL CONFIRMATION. The assessments and assessment roll of Local Improvement District C'LID') No. 150, which has been created and established for the purpose of constructing Chapel Hill Boulevard roadway improvements, as provided by Ordinance No. 4393, as the same now stands, is approved and confirmed in all things and respects in the total amount of $5,254,801. Section 3. FINDINGS. LID 150 Final Assessment Roll Ordinance - 1 3.1 Findings, Conclusions and Decision Regarding LID 150, attached hereto as Appendix A ("Decision") and Appendix B ("List of Exhibits") are incorporated herein by this reference as the decision of the Council, sitting and acting as a Board of Equalization, on the protests received by the Council regarding the assessment roll for LID No. 150. 3.2 Each of the lots, tracts, parcels of land, and other property shown upon the assessment roll as determined in the Decision are declared to be specially benefited by the LID No. 150 improvements in at least the amount charged against those properties, and the assessment appearing against them is in proportion to the several assessments appearing upon the roll. There is levied and assessed against the property appearing upon the roll the total amount of $5,254,801. Section 4. NOTICE OF ROLL. The assessment roll as approved and confirmed shall be filed with the Finance Department Director of the City for collection, and the Finance Department Director is authorized and directed to publish notice as required by law stating that the roll is in the Director's hands for collection and that payment of any assessment or any portion of that assessment can be made at any time within thirty (30) days from the date of first publication of that notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in equal annual installments of principal and interest over a term to be determined by the City Council by subsequent ordinance. The estimated interest rate is four percent (4%) per annum. The first installment of assessments on the assessment roll shall become due and payable during the thirty (30) day period commencing one year after the date of first publication by the Finance Department Director 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 assessment remains unpaid after the first thirty (30) 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 (30) day period during which that installment is due and payable shall become delinquent. Each delinquent installment shall be subject, at the time of delinquency, to a charge under Pasco City Code Section 14.05.050 of a penalty levied on both principal and interest due upon that installment equal to the rate fixed in the ordinance or other authorization for the issuance and sale of the local improvement bonds for Local Improvement District No. 150, plus five (5) percent. All delinquent installments also shall be charged interest at the rate as determined above. The collection of delinquent installments shall be enforced in the manner provided by law. Section 5. SEVERABILITY. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. Section 6. EFFECTIVE DATE. This ordinance shall take effect and be in force five (5) days from and after its publication as required by law. LID 150 Final Assessment Roll Ordinance - 2 PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open public meeting thereof, this 1' day of April, 2019. Matt Watkins, Mayor ATTEST: /IwbtA�4-� Ange Pashon, Ci4 Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney LID 150 Final Assessment Roll Ordinance - 3 CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington, hereby certify as follows: 1. The attached copy of Ordinance No. H `AA is a full, true and correct copy of an ordinance duly passed at a regular meeting of the city council of the city held at the regular meeting place thereof on April 1, 2019, as that ordinance appears on the minute book of the City; and the ordinance will be in full force and effect five (5) days after the publication of its summary in the city's official newspaper; and 2. A quorum of the members of the city council was present throughout the meeting and a majority of those member's present voted in the proper manner for the passage of the ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this � day of April, 2019. CITY OF PASCO, WASHINGTON 4,&, paavv\ Ang la shon, City Clerk LID 150 Final Assessment Roll Ordinance - 4