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HomeMy WebLinkAbout1969-1176 ORDINANCE NO. //76 AN ORDINANCE relating to public services and utilities; providing for the preparation of assessment rolls to impose costs of irrigation system maintenance to property specially benefited; requiring and specifying notices to be given of hearings on such assessment rolls; requiring and ,specifying notices of assessments be given; and amending Sections 7.24.030, 7.24.040, 7.24.055 and 7.24.060 of The City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.24.030 of the City of Yakima Municipal Code is hereby amended to read as follows: "7.24.030 Assessment roll. On or before the first ; day of February of each year, the director of public 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 shall contain the legal description, or the parcel number assigned by Yakima County, 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 then cur- rent calendar year, which will be required to be expended for repair, maintenance, upkeep and operation of each respective irrigation system and such further amounts as may be necessary to pay all dues, assessments or charges on the water stock owned or held in trust by the city of Yakima for the benefit of each respective 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 assess- ments for each district shall be spread over and assessed against the several lots, tracts and parcels of land situated within, each respective district in accordance with the special benefits con- ferred on such property in proportion to the surface area there- of, one square foot of surface area to be the unit of assessment. The first assessment made under the provisions of this chapters for any irrigation district hereafter created shall in- clude the amount theretofore expended for any such district from its organization to the date of the levy of said assessments." Section` 2. 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 utili- ties 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 fifteen days prior to the date fixed for the hearing, and by mailing not less than fifteen days prior to the date fixed for the hearing, a notice thereof to the owner or reputed owner of each lot, tract or par- cel 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, or the parcel number assigned by Yakima County, 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 further instruct all persons who desire to object to the assessment 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 3. Section 7,24.055 of the City of Yakima Municipal Code is hereby amended to read as follows: "7.24.055 Notice of assessment -- Penalty. Upon the passage of the ordinance confirming the assessment roil, 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 one time each week for two consecutive weeks stating that said assessment roll is in his hands for collection and that any assessments thereon may be paid at any time within seventy days from the date of the first publication of the notice without penalty, interest or costs, and that unless payment be made with- in 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 411 thereon, specifying the amount of the assessment for the respec- tive lot, tract or parcel of property which shall be described or referred to by the parcel number assigned by Yakima County in such statement. Such statement shall also contain a notice of the date of delinquency 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 seventy days from the date of the first publication of the notice in the legal newspaper of the city of Yakima as provided herein, and a penalty of ten percent of the amount of the assessment, or one dollar, whichever is greater, shall be imposed on all delin- quent assessments. In the event any delinquent assessment is not paid prior to November 1st of the year for which the assess- ment was levied, an additional penalty of the same amount shall be imposed on such delinquent assessment." Section 4. 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 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 respective district and referring persons interested to the books of the city treasurer - 2 - 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 change in the amount of the assessment, the legal description, or the parcel number assigned by Yakima County, of 110 any lot, tract or parcel of land on the assessment 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 5. 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 14th day of October, 1969. 1 k je alt Mayor ogirki 411 ATTEST: City Clerk -3