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:
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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
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Ang la shon, City Clerk
LID 150 Final Assessment Roll Ordinance - 4