HomeMy WebLinkAboutResolution 03-046-CCGRANT COUNTY BOARD OF COMMISSIONERS
Grant County, Washington
ORDINANCE NO. ROOD -046 -CC
RESOLUTION NO. RDd3 p -CC
AN ORDINANCE: CONFIRMING THE FINAL ASSESSMENT ROLL
FOR GRANT COUNTY ROAD IMPROVEMENT DISTRICT NO. 2001-01;
CERTIFYING SAID ASSESSMENT ROLL TO THE COUNTY
TREASURER FOR COLLECTION; DIRECTING THE COUNTY
TREASURER TO PROVIDE NOTICE THAT THE ASSESSMENT ROLL
IS IN HIS HANDS FOR COLLECTION; PROVIDING FOR THE TIME IN
WHICH ASSESSMENTS AND INSTALLMENTS THEREOF ARE TO BE
PAID; PROVIDING FOR THE PENALTY PAYABLE ON DELINQUENT
ASSESSMENTS AND INSTALLMENTS THEREOF; AND, OTHER
MATTERS PROPERLY RELATING THERETO.
RECITALS:
WHEREAS, Grant County, Washington (the "County"), is a third-class county duly
organized and existing under the Constitution and the laws of the State of Washington; and
WHEREAS, the Board of County Commissioners (the "BOCC") is authorized to create
road improvement districts and levy special assessments therein pursuant to chapter 36.88 RCW;
and
WHEREAS, the BOCC, by Grant County Resolution No. 01 -146 -CC, adopted on
September 11, 2001, duly created County Road Improvement District No. 2001-1 ("CRID No.
2001-1"); and
WHEREAS, the improvements ordered by Grant County Resolution No. 01 -146 -CC
have been completed and the BOCC now desires to confine the final assessment roll in regard
thereto; and
WHEREAS, the final assessment roll for CRID No. 2001-1 has been prepared and filed
with the Clerk of the Board; and
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WHEREAS, the BOCC has found and determined that the boundaries of CRID No.
2001-1 embrace as near as practicable all the property specially benefited by the improvements
ordered therein and, that the method of assessment specified in such resolution is the most
practical and equitable method of assessment under the conditions prevailing among the parcels
within CRID No. 2001-1; and
WHEREAS, notice of the hearing on the final assessment roll of CRID No. 2001-1 was
given by publication and mailing, in accordance with applicable law; and
WHEREAS, the BOCC conducted an open record, public hearing on January 21, 2003,
continued to February 4, 2003, at which the BOCC convened as a board of equalization for the
purpose of considering the assessment roll for CRID No. 2001-1 and all written objections to
such assessment roll that were filed with the Clerk of the Board on or prior to January 21, 2003;
and
WHEREAS, no owners or reputed owners of property within CRID No. 2001-1 filed
protests in objection to the special assessments proposed to be levied upon their property; and
WHEREAS, the BOCC has not determined it necessary to correct, revise, lower, change,
or modify the assessment roll for CRID No. 2001-1, or to set aside such assessment roll in order
that such assessment be made de novo; and
WHEREAS, the BOCC has determined not to raise any assessment appearing on the
assessment roll for CRID No. 2001-1, or to include property subject to assessment that was
omitted from such assessment roll; and
WHEREAS, the BOCC desires to confirm the final assessment roll for CRID No. 2001-
1 and provide for the collection of assessments in order to mitigate the interest expense
chargeable to short-term construction financing for CRM No. 2001-1; and
WHEREAS, the BOCC intends to issue bonds, an interfund loan, or utilize other funding
source, payable from that portion of assessments confirmed on such assessment roll that are not
paid within the thirty (30) day period for payment provided for by RC W 36.88.270.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED,
as follows:
ORDER CONFIRMING FINAL ASSESSMENT ROLL FOR CRID NO. 2001-1
Section 1: The BOCC hereby confirms the assessments on the final assessment roll for CRID
No. 2001-1, (the "Assessment Roll"), as if fully set forth herein, which assessment roll is
attached hereto as Exhibit "A" and is incorporated by reference. The Assessment Roll is in all
respects confirmed and approved in the total amount of Seventy -Four Thousand, One Hundred,
H:\FormsNCIVIL8\Departments\CommissionersNCRID No 2001-1 Final Assessment Role.doc Page 2
Fourteen and 13/100 Dollars ($74,114.13). The BOCC hereby expressly finds and determines
that no assessment listed on the Assessment Roll is greater than the special benefit derived by the
property so assessed for the improvements ordered in CRID No. 2001-1.
Section 2: The BOCC hereby certifies the Assessment Roll to the Grant County Treasurer (the
"Treasurer") for collection. The BOCC hereby authorizes and directs the Treasurer to proceed to
collect the assessments shown on the Assessment Roll in accordance with law.
Section 3: As soon as the Assessment Roll has been placed in the hands of the Treasurer for
collection, the Treasurer shall publish a notice in two (2) consecutive daily or weekly issues of
the official newspaper of the County, stating that: (a) the Assessment Roll is in his hands for
collection; and, (b) any assessment listed on the Assessment Roll (or any portion of such
assessment) may be paid without penalty, interest or costs at any time within thirty (30) days
from the date of the first publication of such notice. Such notice shall be substantially in the form
attached hereto as Exhibit 'B", which is incorporated herein by reference as if fully herein. Proof
of such publication shall be by affidavit of the publisher.
Section 4: The Treasurer is hereby directed to cause notice to be sent by first-class mail, postage
prepaid, to each owner or reputed owner of property whose name appears on the Assessment
Roll within fifteen (15) days of the date notice is first published under Section 3 of this
Resolution, stating that: (a) the Assessment Roll is in his hands for collection; and, (b) any
assessment listed on the Assessment Roll (or any portion of such assessment) may be paid
without penalty, interest or costs at any time within thirty (30) days from the date notice is first
published under Section 3 of this Resolution. Such notice shall be mailed to the respective
addresses shown on the tax rolls of the Treasurer for said owners or reputed owners of property
listed on the Assessment Roll. Notwithstanding the foregoing, any such notice to be mailed to
the State of Washington, or any county, school district or any municipal corporation, shall be
mailed in the manner required by RCW 36.88.360, RCW 79.44.040 and WAC 82-12-020. Such
notice shall be substantially in the form attached hereto as Exhibit "C", which is incorporated
herein by reference as if fully set forth herein. Proof of mailing shall be by affidavit of the
mailer. Any inadvertent failure by the Treasurer to mail the notice required by this Section 4, or
any delay in its delivery to property owners, shall not constitute a waiver of the requirement to
pay assessments within the time and in the manner set forth in Section 5 of this Resolution or of
the penalty and interest due on such assessments if not paid pursuant to Section 6 of this
Resolution.
Section 5: Each assessment confirmed by Section 1 of this Resolution may be paid (in whole or
in part) without penalty, interest or cost, at any time during the thirty (30) day period
commencing on the date notice is first published pursuant to Section 3 of this Resolution. The
sum of each assessment remaining unpaid after such thirty (30) day period shall be payable in ten
(10) equal annual installments, together with interest on the total outstanding sum of such
assessment during the year preceding each installment payment date; PROVIDED: the owner of
any property listed on the Assessment Roll may, at any time after the thirty (30) day payment
period, pay the unpaid amount of the assessment against its property, together with all interest
due thereon to the installment payment date next falling due.
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Section 6: The interest charged on each assessment (or portion thereof) remaining unpaid after
the initial thirty (30) day payment period provided for by Section 5 of this Resolution, shall be
fixed at the rate of interest the County Road Improvement Bond, interfund loan, or other
financing source shall bear. The annual bond, interfund loan, or other financing source interest
rate shall be five and three tenths percent (5.30%). The Treasurer may charge and collect a fee
for services not to exceed Four and No/100 Dollars ($4.00) per parcel for each year in which the
funds are collected. Charges for services of administration shall be based upon costs incurred by
the Treasurer in handling, collecting, disbursing, and accounting for the funds. Such fees shall be
a charge against the district and shall be credited to the County current expense fund by the
Treasurer. Annual interest on the unpaid assessments shall be calculated on the basis of a three
hundred and sixty-five (365) day year.
Section 7: The first installment of assessments on the Assessment Roll shall become due and
payable on a date one (1) year after the end of the date of first publication of Notice of Collection
of Assessments (See Exhibit B). Subsequent installments shall become due annually thereafter
and shall be payable in like manner. Any installment not paid on the due date thereof shall
thereupon be delinquent and subject to a five percent (5%) penalty levied upon both principal of
and interest due upon such installment. Any payment of annual installment or installments,
interest and penalty, if any, shall be in the amount exactly equal to such installment or
installments, interest and penalty, if any, and no partial payment of an installment, interest and
penalty may be accepted by the Treasurer. Payment may be made to, and accepted by, the
Treasurer at any time during the calendar year; PROVIDED: however, that a full year's interest
shall be deemed to have accrued for the scheduled year of collection, unless such payment is first
due and payable. An additional full year's interest shall be deemed to have accrued on the first
day of delinquency.
Section 8: All actions heretofore taken in connection with CRID No. 2001-1 by the BOCC
and/or County officers, officials and/or employees, that are not inconsistent with the provisions
of this Resolution are hereby ratified, confirmed and approved.
Section 9: All resolutions or parts thereof in conflict herewith are hereby repealed to the extent
of said conflict. This Resolution shall be in effect from and after its date of adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Grant County,
Washington, at a regular meeting thereof held on January 21, 2003.
H:\Forms\CIVIi.8\Departments\Commissioners\CRID No. 2001-1 Final Assessment Role doc Page 4
DATED this I qlh day of April, 2003.
Yea Nay Abstain
❑ ❑
V/ ❑ ❑
ATTEST:
- au&k. q4&
Clerk of the Board
PUBLISHED: 01/03/03; 01/10/03
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Deborah Kay Moore, it
LeRoy C. Allis n, em er
t
Tim Snead, ter
H'Toms\CIVIL80epartments\Commissioneis\CRID No 2001-1 Final Assessment Role doc Page 5
Exhibit A
Final Assessment Roll
Page
H.\Forms\CIVIL8\Departments\Commissioners\CRID No -2001-1 Amal Assessment Roll.doc
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Exhibit B
NOTICE OF COLLECTION OF ASSESSMENTS
COUNTY ROAD IMPROVEMENT DISTRICT NO. 2001-1
The Assessment Roll for Grant County Road Improvement District No. 2001-1 (CRID
No. 2001-1) was confirmed by the Board of County Commissioners of Grant County,
Washington, by Grant County Ordinance/Resolution No. ?O73-DL/6 -CC, passed adopted on
February 4, 2003, and dated April 11, 2003. The assessment roll is in the hands of the Grant
County Treasurer ("Treasurer") for collection. Any assessment listed on such Assessment Roll
(or any portion of such assessment) may be paid without penalty, interest or costs at any time
within thirty (30) days from the date of the first publication of this notice. Thereafter, the amount
of any assessment remaining unpaid shall be payable in ten (10) equal annual installments,
together with interest on the total outstanding sum of such assessment during the year preceding
each installment payment date. The owner of any property listed on the assessment roll for CRID
No. 2001-1 may, at any time after the thirty (30) day payment period, pay the unpaid amount of
the assessment against its property, together with all interest due thereon to the installment
payment date next falling due.
The interest charged on each assessment (or portion thereof) remaining unpaid after the initial
thirty (30) -day payment period provided for by Section 5 of Grant County Ordinance/Resolution
No. O oi-vA-CC, shall be fixed at five and three -tenths percent (5.30%). Annual interest on the
unpaid assessments shall be calculated on the basis of a three hundred sixty-five (365) -day year.
The Treasurer may charge and collect a fee for services not to exceed Four and No/100 Dollars
($4.00) per parcel for each year in which the funds are collected. Charges for services of
administration shall be based upon costs incurred by the Treasurer in handling, collecting,
disbursing, and accounting for the funds. Such fees shall be a charge against the district and
shall be credited to Grant County's current expense fund by the Treasurer.
The first installment of assessments on the Assessment Roll for CRID No. 2001-1 shall become
due and payable on a date one (1) year from the date of publication of this notice. Subsequent
installments shall become due annually thereafter and shall be payable in like manner. Any
installment not paid on the due date thereof shall thereupon be delinquent and subject to a five
percent (5%) penalty levied upon both principal of and interest due upon such installment. Any
payment of annual installment or installments, interest and penalty, if any, shall be in the amount
exactly equal to such installment or installments, interest and penalty, if any, and no partial
payment of installment, interest and penalty shall be accepted by the Treasurer. Payment may be
made to and accepted by the Treasurer at any time during the calendar year provided, however,
that a full year's interest shall be deemed to have accrued for the scheduled year of collection
unless such payment is made more than eleven (11) months in advance of the date such payment
is first due and payable. An additional full year's interest shall be deemed to have accrued on the
first day of delinquency.
H:\FormskCIVIL8\Departments\Commissioners\CRID No. 2001-1 Final Assessment Role.doc page 7
The Assessment Roll for CRID No. 2001-1 constitutes a lien upon the property assessed
thereunder. Such lien is paramount and superior to any other lien or encumbrance whatsoever,
except a lien for general taxes.
All payments described hereunder must be directed to the Grant County Treasurer's Office, 35
C Street N.W., P.O. Box 37, Ephrata, Washington 98823-0037.
Persons requiring further information regarding the matters described herein should contact the
Grant County Treasurer at the address specified above or by dialing (509) 754-2011, ext. 353.
DATED: April _, 2003
GRANT COUNTY, WASHINGTON
Darryl D. Pheasant, Treasurer
H:\Forms\CIVIL8\Departments\Commissioners\CRID No. 2001-1 Final Assessment Role.doc Page 8
Exhibit C
NOTICE OF COLLECTION OF ASSESSMENTS
COUNTY ROAD IMPROVEMENT DISTRICT NO. 2001-1
The Assessment Roll for Grant County Road Improvement District No. 2001-1 (CRID No. 2001-
1) was confirmed by the Board of County Commissioners of Grant County, Washington, by
Ordinance/Resolution No. d 00A46, -CC, passed and adopted on February 4, 2003 and dated
April 14, 2003. The Assessment Roll is in the hands of the Grant County Treasurer
("Treasurer") for collection.
According to the assessment roll, you are the owner or reputed owner of a parcel of property
within the boundaries of CRID No. 2001-1. The entire parcel is subject to the assessment. The
total amount of the assessment due on such parcel is set forth below, which amount represents
the special benefit to your property resulting from improvements to the roadways within CRID
No. 2001-1, as more particularly described in Grant County Resolution No. 01 -146 -CC, adopted
on September 11, 2001.
The assessment against your property (or any portion of such assessment) may be paid without
penalty, interest or costs at any time within thirty (30) days from April _, 2003, the date of
the first publication of the notice of collection. Thereafter, the amount of such assessment
remaining unpaid shall be payable in ten (10) equal annual installments, together with interest on
the total outstanding sum of such assessment during the year preceding each installment payment
date. At any time after the thirty (30) day payment period, you may pay the unpaid amount of the
assessment against your property, together with all interest due thereon to the installment
payment date next falling due.
The interest charged on each assessment (or portion thereof) remaining unpaid after the initial
thirty (30) day payment period provided for by Section 5 of Grant County Ordinance/Resolution
No.2003.OydrCC, shall be fixed at five and three -tenths percent (5.30%). Annual interest on the
unpaid assessments shall be calculated on the basis of a three hundred sixty-five (365) day year.
The Treasurer may charge and collect a fee for services not to exceed Four and No/100 Dollars
($4.00) per parcel for each year in which the funds are collected. Charges for services of
administration shall be based upon costs incurred by the Treasurer in handling, collecting,
disbursing, and accounting for the funds. Such fees shall be a charge against the district and
shall be credited to the county current expense fund by the Treasurer.
The first installment of assessments on the Assessment Roll for CRID No. 2001-1 shall become
due and payable on a date one (1) year from the date of publication of this notice. Subsequent
installments shall become due annually thereafter and shall be payable in like manner. Any
installment not paid thirty (30) days after such due date shall thereupon be delinquent and subject
to a five percent (5%) penalty levied upon both principal of and interest due upon such
installment. Any payment of annual installment or installments, interest and penalty, if any, shall
be in the amount exactly equal to such installment or installments, interest and penalty, if any,
and no partial payment of installment, interest and penalty shall be accepted by the Treasurer.
Payment may be made to and accepted by the Treasurer at any time during the calendar year
H:\Foms\CIVIL8\Departments\Commissioners\CRID No 2001-1 Final Assessment Role.doc Page 9
provided, however, that a full year's interest shall be deemed to have accrued for the scheduled
year of collection unless such payment is made more than eleven (11) months in advance of the
date such payment is first due and payable. An additional full year's interest shall be deemed to
have accrued on the first day of delinquency.
The Assessment Roll for CRID No. 2001-1 constitutes a lien upon the property assessed
thereunder. Such lien is paramount and superior to any other lien or encumbrance whatsoever,
except a lien for general taxes.
All payments described hereunder shall be directed to the Grant County Treasurer's Office,
located at 35 C Street N.W., P.O. Box 37, Ephrata, Washington, 98823-0037.
Persons requiring further information regarding the matters described herein should contact the
Grant County Treasurer at the address specified above or by dialing (509) 754-2011, ext. 353.
DATED: April _, 2003
GRANT COUNTY, WASHINGTON
Darryl D. Pheasant, Treasurer
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