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HomeMy WebLinkAbout1997-001 Alpine Court Sewer ORDINANCE NO. 97- 1 AN ORDINANCE of the City of Yakima, Washington, approving and confirming the final Y g PP g g assessment roll for Local Improvement District No. 1053, which has been created and established for the' purpose of paying the cost of certain sewer system improvements; and levying and assessing the amount thereof against the lots, tracts, parcels of land and other property shown on said roll. WHEREAS, an assessment roll levying special assessments against the properties located in Local Improvement District No. 1053 ( "LID 1053 "), in the City of Yakima, Washington, created under Ordinance No. 95 -59, was filed with the City Clerk of the City of Yakima as provided by law; and WHEREAS, notice of the time and place of a hearing on and of making objections to the assessment roll was duly published at and for the time and in the manner provided by law, fixing the time and place of hearing thereon for the 7th day of January, 1997, at the hour of 2:00 p.m. in the Council Chambers, Yakima, Washington, and further notice thereof was duly mailed by the City Clerk to each property owner on the roll; and WHEREAS, at the time and place fixed and designated in said notice, the hearing on the assessment roll was duly held and the Council, sitting as a board of equalization, gave due consideration to all written and oral protests received and all persons appearing at said hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The Council, sitting as a board of equalization and having made all revisions to the roll it deems necessary, hereby finds and determines that the final assessment roll for LID 1053 is just and equitable and that no assessment against property within LID 1053 is greater than the special benefits to be derived from the improvements. Accordingly, the final assessment roll, in the total amount of $77,764.81, is hereby approved and confirmed, and the assessments set forth therein are hereby levied against each lot, tract and parcel of property described in the roll. Section 2. The Clerk of the City is hereby directed to place in the hands of the Finance Director of the City for collection the final assessment roll for LID 1053. Upon such placement, the amount of each assessment set forth in the roll, together with any interest or penalty imposed from time to time, shall become a lien against the property so assessed. The lien shall be paramount and superior to any other lien or encumbrance whatsoever therefore, or thereafter created, except a lien for general taxes. Section 3. Upon receipt of the final assessment roll for LID 1053, the Finance Director • of the City is hereby directed to publish notice at the times and in the manner required by RCW 35.49.010, stating that the roll is in his hands for collection and that such assessments or any Legal /BD Ordinances /LID portion thereof may be paid to the City at any time within 30 days from the date of the first • publication of such notice, without penalty, interest or costs. Section 4. The amount of any assessment, or any portion thereof, against property in LID 1053 not paid within the 30 day period from the date of the first publication of the Finance Director's notice shall be payable in 10 equal annual installments, together with interest on the diminishing principal balance thereof at a rate of 9.25% per annum. Interest shall commence on the 30th day following first publication of such notice. The first installment shall become due and payable one year from the expiration of the 30 day prepayment period. Annual installments, including interest and any penalty, shall be paid in full when due, and no partial payments shall be accepted by the Finance Director of the City. Section 5. Any installment not paid when due shall thereupon become delinquent. All delinquent installments shall be subject to a penalty equal to 12% per annum of the amount of the installment, including interest, from the date of the delinquency until paid. Section 6. The lien of any assessment may be discharged at any time after the 30 day prepayment period by payment of the entire principal amount of the assessment remaining unpaid together with interest thereon to the due date of the next installment. • Section 7. If any one or more of the provisions of this ordinance shall be declared by a court of competent jurisdiction to be contrary to law, then such provision shall be null and void • and shall be deemed severable from the remaining provisions of this ordinance and shall in no way affect the validity of the other provisions of this ordinance. Section 8. 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 Council of the City of Yakima, signed and approved this 7th day of January, 1997. , LYNN BUCHANAN, MAYOR ATTEST: • 1 ACTING ITY ( LERK Publication Date: 1/10/97 Effective Date: 2/9/97 • . Legal /BD Ordinances /LID • FINAL ASSESSMENT ROLL ALPINE COURT SEWER LOCAL IMPROVEMENT DISTRICT PARCEL PROPERTY OWNER/ PRELIMINARY FINAL OUA NUMBER PARCEL ADDRESS/ ASSESSMENT ASSESSMENT INCLUDED LEGAL DESCRIPTION • 181319 -31465 Douglas M. ET UX Huysman $6,900 $7,776.48 NO 8802 Alpine Court • Legally described as Druse Subd. No. 3, Lot 1 181319 -31466 Gary A. ET UX Cramer $6,900 $7,776.48 NO 8804 Alpine Court Legally described as Druse Subd. No. 3, Lot 2 181319 -31467 Elwood W. & Delia P. Gams $6,900 $7,776.48 NO 8806 Alpine Court Legally described as Druse Subd. No. 3, Lot 3 181319 -31468 Darrell D. ET UX Bray $6,900 $7,776.48 NO 8808 Alpine Court Legally described as Druse Subd. No. 3, Lot 4 181319 -31469 Jonathan L. ET UX Bensch $6,900 $7,776.48 $883.18 8810 Alpine Court Legally described as Druse Subd. No. 3, Lot 5 181319 -31470 Opal Myhres $6,900 $7,776.48 $883.18 8812 Alpine Court Legally described as Druse • Subd. No. 3, Lot 6 181319 -31471 Wayne & Ok -Hui Wantland $6,900 $7,776.48 NO 8809 Alpine Court Legally described as Druse Subd. No. 3, Lot 7 181319 -31472 Debby D. Taylor $6,900 $7,776.48 $858.45 • 8807 Alpine Court Legally described as Druse Subd. No. 3, Lot 8 PARCEL PROPERTY OWNER/ PRELIMINARY FINAL OUA NUMBER PARCEL ADDRESS/ ASSESSMENT ASSESSMENT INCLUDED LEGAL DESCRIPTION 181319 -31473 Richard H. & Barbara Johnson $6,900 $7,776.48 NO 8801 Alpine Court Legally described as Druse Subd. No. 3, Lot 9 181319 - 31474 Jeffrey J. & Leslie A. Yamada $6,900 $7,776.48 NO 8803 Alpine Court Legally described as Druse Subd. No. 3, Lot 10 TOTAL $69,000 $77,764.80 • • ,..„ SUMMARY OF L.I.D. ASSESSMENT COSTS IP LLD. 1053 PA FA CONSTRUCTION $39,812.00 $51,336.10 (INCL. SALES TAX) ENGINEERING $8,140.00 $11,180.98 CONTINGENCIES PRELIM ONLY $6,000.00 WARRANT INTEREST ****°*°*`**°**• $551.08 ADVERTISING ***`*■'°"*`** $292.40 ADDITIONAL ESTD. "******`*"°"' $225.00 FIXED FINANCE r- $3,000.00 $550.00 COUNTY AUDITOR `**`*********** $130.00 LATECOMER CHG $12,589.38 $13,499.25 TOTALS $69,541.38 $77,764.81, NO. OF PARCELS 10 10 ASSESS/PARCEL 1 $6,954.141 $7 776.48 • ' I 1053sum.wks 11/13/96 1 Aip Court • { Sewer LID . i , , , . , , -.......,...., .....,. , \ , . , 1 i . , , \ \ . t , , . , 1 , K______i , 1. ,r----_______, KAII,_ F 1 j JUANI "A DR i I • ' s u u W I T V I E w AVE ® 8 S IA t T 8 / I1'W' • - N "J ; ' y 3 J `\` \��. . 1 I *.. ' k . 0 .., ! `%\ \ . 1 H \ ` , 473 cu ` �\tti`��: , Q - ,46) 1 Of I W -I = I W BARGE ST 1 i =[ ...,-----:„ • 1 aG ao ,____1_,_" e 1 W YAKIMA AVE ■ . ..� IIIIIIIM CHESTNU • AVE • . 1 SD i 1 . 1 l i ( 1 -1 = City •of Yakima, Washington . UMW 150 200 • September 20, 1995 • RE: Assessment Rai for Sewer Local Improvement District No. 1053 Owner. Douglas M. Huysman Parcel No.: 18131 X31465 Amount of Proposed Aetessment $7,776.48 Legal Description o4 Property: Druse Subd No.3, Lot 1 Concerning the recent sewer main installation —we are very unimpressed with the City's choice of contractor for this project. We have a large gouge in our driveway and all driveway approaches and curbs in the neighborhood were cracked and damaged due to the negligence of the excavator operator. It was very evident that he was in a hurry to finish this job and get on to his next. He was also very unpleasant to deal with vvhen questioned if the damage he had done was going to be corrected. The main reason we are displeased is that 15 years ago we paid an LID assessment for pavement, curbs and concrete driveway approaches. Due to this, we have a personal interest in this street and feel the damage done is beyond a simple patch repair. Mother concern we have is that at the original meeting were told the probable assessment per property owner would be about $4500.00, then we were told $6000.00. Then, case in point, along comes the final assessment of almost $8000.00. Since we hed to pay more than originally stated wa feel the City should have at lead given us a more competent contractor. We also feel that he should be responsible for miring all damage done to our satisfaction without increasing the cost of our assessment � . uy • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 1/7/97 ITEM TITLE: Public Hearing Confirming Final Assessment Roll for Alpine Court Sewer Local Improvement District No. 1053 SUBMITTED BY: Glenn Valenzuela, Director Department of Community & Economic Development CONTACT PERSON /TELEPHONE: Al Rose, Project Engineer / 575 -6139 Mary Lovell, Engineering Tech I / 575 -6137 SUMMARY EXPLANATION: The Alpine Court Sewer Local Improvement District (LID) was formed to construct a new sewer main. Approximately 370' of 8 -inch sewer line was installed to serve 10 parcels on Alpine Court. The project connected into the sewer main that was constructed on N. 88th Avenue by Yakima County and the City of Yakima. final Assessment Roll The Final Assessment Roll identifies the properties in the L.I.D. boundary by Yakima County Parcel numbers. The parcels correspond to the location map. The Assessment Roll provides the name of the property owner as shown on the tax rolls of the County Treasurer, and the Preliminary and Final Assessment. The complete names and addresses by which the Public Hearing Notices were mailed are on file in the Engineering Division. The Final Assessment Roll of $77,764.80 is prorated to ten (10) parcels within the Alpine Court Sewer L.I.D. based on the cost per parcel. Proceedings for this L.I.D. are proper and in conformance with L.I.D. statutes. Proper notice has been given in accordance with State law. The City has met the intent of the State Law with assessments proportional within the district _ to the special benefit derived. Resolution _ Ordinance X. Contract _ Other (Specify)Assessment Roll/Map Funding Source ._ APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends Council approve the Ordinance confirming the Alpine Court Sewer L.I.D. Assessment Roll. • BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: LegaVBD Agenda C.4