Loading...
HomeMy WebLinkAbout1965-727 • . ORDINANCE NO. AN ORDINANCE relating to irrigation system maintenance; providing payment of costs and expenses of repair, maintenance, Upkeep and -operation of irrigation systems supervised and Controlled by the City of Yakima by the levy of assessment . against real property served by such irrigation systems; specifying the procedure for the confirmation of assess- ment rolls for said purposes; establishing a penalty for delinquent payments of assessments; establishing assess- * ments as liens on real property; and amending Sections 7.24.010, .020, .030, .035, .040, .050 and .060 of the City of Yakima Municipal Code, and creating Sections 7.24.055 and .065 as new sections of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. That Section 7.24.010 of the City of Yakima Municipal Code is hereby amended to read as follows: "7.24.010 COST AND EXPENSES. Whenever a local improve- ment district for the establishment of a water system for irrigation and domestic purposes shall have been organized within the corporate limits of the City of Yakima, under and pursuant to the provisions of RCW Chapter 35.92, such district shall be under the supervision and control of the City Council of the City of Yakima, and all costs and expense of repair, maintenance, upkeep and operation thereof, including any and • all payments for dues, assessments or charges on water sock now or hereafter held in trust by the City of Yakima for the use of any such district, and all costs and expenses inc dental to the aforesaid purposes or any part thereof, shall be • arge- able to all the property included within such district an levied against all of the lots, tracts and parcels of land within such district in proportion to area and in accordanc- with the provisions of this chapter." Section 2. That Section 7.24.020 of the City of Yakima Municipa Code is hereby amended to read as follows: "7.24.020 RECORD OF EXPENSES. The Director of Public c Utilities shall keep a complete and detailed account of all expenses incurred in the repair, maintenance, upkeep and operation of any such district and shall also keep a complete account of all expenditures and outlay from the current expense fund of the City of Yakima for the benefit of any such district, either for the repair, maintenance, upkeep and operation of said system or for the payment of any and all dues, assessments or charges on water stock now or hereafter held in trust by the City of Yakima for the use of any such district." Section 3. That Section 7.24.030 of the City of Yakima Municipal 4 10 Code is hereby amended to read as follows: "7.24.030 ASSESSMENT ROLL. On or before the 15th day of December of each year, the Director of Public c Utilities shall cause to be prepared an assessment roll embracing all of the lots, tracts and parcels of land within the limits of each such irrigation district, which assessment roll shal I contain the legal description of each lot, tract or parcel of land together with the name of the owner or reputed owner of each said lot, tract or parcel, as shown on the tax rolls of the Yakima County Treasurer, along with the amount assessed against each lot, tract or parcel of land. The amount of said assessment shall be the total cost, as estimated by the Director of Public Utilities, for the next ensuing calendar year, which will be required to be expended for repairs, maintenance, upkeep and operation of each respective irriga- tion system and such further amounts as may be necessary to pay all dues, assessments or charges on the water stock owned crheld in trust by the City of Yakima for the benefit of each respec- tive district together with legal interest thereon from the date of outlay, and the expense of giving and publishing the notices as provided by this chapter. The total amount of assessments for each district shall be spread over and assessed 411 against the several lots, tracts and parcels of land situated within each respective district in accordance with the special benefits conferred on such property in proportion to the surface area thereof, one square foot of surface area to be the unit of assessment. The first assessment made under the provisions of this chapter for any irrigation district hereafter created shall include the amount theretofore expended for any such district from its organization to the date of the levy of said assess- ments." Section 4. That Section 7.24.035 of the City of Yakima Municipal Code is hereby amended to read as follows: "7.24.035 EXCLUSIONS FROM ASSESSMENT ROLL. Any lot, tract or parcel of land situated within any such irrigation district, which lot, tract or parcel of land is improved in such a manner so as to preclude the use of irrigation water for the benefit of such lot, tract or parcel of land, may be excluded from the assessment roll upon application made prior to November 1 of any year, to the City Treasurer by the owner 111 of such lot, tract or parcel of land, or his authorized agent, and upon verification by the Director of Public Utilities that such lot, tract or parcel of land is eligible for exclusion from the assessment roll. Upon such application prior to November 1 of any year and verification being made, the lot, tract or parcel of land to be excluded shall not be included on the assessment rolls for the years following that within which such application is made." Section 5. That Section 7.24.040 of the City of Yakima Municipal Code is hereby amended to read as follows: "7.24.040 NOTICE OF HEARING ON ASSESSMENT ROLL. Upon the completion of the assessment roll, the Director of Public Utilities shall forthwith file the same with the City Clerk who shall submit the same to the City Council at its next regular meeting. The City Council shall, by resolution, fix a date for a hearing on such assessment roll and direct the City Clerk to give notice of such hearing as provided in this section. The City Clerk shall cause a notice of such hearing, in the form prescribed by RCW 35.44.080, to be published in the legal • newspaper of the City of Yakima at least one time not less than 15 days prior to the date fixed for the hearing, and by mailing, not less than 15 days prior to the date fixed for the hearing, a notice thereof to the owner op/reputed owner of each lot, tract or parcel of property described on the assessment roll, whose name appears on such assessment roll, at the address of such owner or reputed owner shown on the tax rolls Of the Yakima County Treasurer. The notice so mailed shall specify the time and place of the hearing on the assessment roll and shall include the legal description, and the amount of the assessment, for the respective lot, tract or parcel owned, or reputedly owned, by each person to whom such notice is mailed. The notice shall fur- ther instruct all persons who desire to object to the assessment -2- roll, or any part thereof, to make such objection in writing and file the same with the City Clerk at or prior to the date fixed for the hearing." Section 6. That Section 7.24.050 of the City of Yakima Municipal Code is hereby amended to read as follows: "7.24.050 HEARING ON ASSESSMENT ROLL - CONFIRMATION. At the time fixed for the hearing on the assessment roll, the 1 City Council shall consider the assessment roll and written objections thereto filed with the City Clerk at or prior to the date of the hearing. The City Council shall, at such hearing, sit as a board of equalization and may correct, revise, raise, lower, or otherwise change or modify the assessment roll or any portion thereof, all as to the City Council shall appear just and equitable. At the conclusion of the hearing, as recessed, continued or postponed if neces- sary, the City Council shall confirm the assessment roll by ordinance. Section. 7. That there is hereby added a new section to the City of Yakima Municipal Code following Section 7.24.050, said new section to be numbered 7.24.055, which shall read as follows: "7.24.055 NOTICE OF ASSESSMENT - PENALTY. Upon the passage of the ordinance confirming the assessment roll, a certified copy thereof shall be delivered to the City Treasurer by the City Clerk. Upon receipt of such assessment roll, the City Treasurer shall publish a notice in the legal newspaper of the City of Yakima for 10 consecutive daily issues stating that said assess- ment roll is in his hands for collection and that any assessments thereon may be paid at anytime within 30 days from the date of the first publication of said notice without penalty, interest or costs, and that unless payment be made within such time, such assessments become delinquent, and that the penalty provided herein will be imposed. In addition to such published notice, the City Treasurer shall mail a statement to each person listed on the assessment roll, at the address shown thereon, specifying the amount of the assessment for the respective lot, tract or parcel of property which shall be described in such statement. Such statement shall also contain a notice of the date of de- linquency for payment of the assessment, and of the penalty to be imposed on delinquent payments as provided herein. All assessments shall become delinquent if not paid within 30 days from the date of the f i r s t p u b l i c a t i o n of the notice in the legal newspaper of the City of Yakima as provided herein, and a penalty of 10% of the amount of the assessment, or $I.00, whichever is greater, shall be imposed on all delinquent assess- ments. In the event any delinquent assessment is not paid prior to November 1 of the year for which the assessment was levied, an additional penalty of the same amount shall be imposed on such • delinquent assessment. Section 8. That Section 7.24.060 of the City of Yakima Municipal Code is hereby amended to read as follows: "7.24.060 ADOPTION OF PRIOR YEAR'S ASSESSMENT ROLL. When an assessment roll is confirmed which does not include the cost of purchase, construction, or reconstruction of works for delivery or distribution of irrigation water, and the City Council finds that a similar amount is to be assessed for the next ensuing year, it shall not be necessary to prepare a new assessment roll, but rather the City Council may pass a resolution of intention estimating the cost for any such next ensuing year to be the -1- r • same as the preceding year, and directing the City Clerk to publish a notice by one publication in.the legal newspaper of the City of Yakima, which notice shall state the amount of the estimated cost per square foot of all land within each respec- tive district and referring persons interested to the books of • the City Treasurer for further information concerning the amount of any particular assessment. Such resolution of intention shall further fix the date for a hearing on such assessment roll and direct the City Clerk to give notice of said hearing as provided . in Section 7.24.040 of this chapter. The City Clerk shall give notice in the manner and within the time provided in Section' 7.24.040 of this chapter. At such hearing, the City Treasurer shall be present and shall note any changes in the amount of the assessment, the legal description of any lot, tract or parcel of land on the assess- ment roll, and of any owner or reputed owner of any property on the roll. The City Council shall conduct a hearing on said assessment roll and sit as a board of equalization, all as if an original assessment roll is to be confirmed, and shall, by ordinance, confirm the assessment roll and direct the City Treasurer to extend it on the books of his office." Section 9. That there is hereby added a new section to the City of Yakima Municipal Code following Section 7.24.060, said new section to be numbered 7.24.065, which shall read as follows: "7.24.065 ASSESSMENT CONSTITUTES LIEN. All assessments levied pursuant to the provisions of this chapter shall con- stitute first liens against the lots, tracts or parcels of • land against which the assessments are levied, and any such lien shall be subject to foreclosure as provided in this chapter." Section 10. This Ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this / day of , 1965. 4IP - Mayor ATTEST: i City Clerk -4-