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HomeMy WebLinkAbout46231 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 4 6 2 3 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND CONFIRMING THE ASSESSMENTS AND THE AMENDED ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 345 FOR THE SIDEWALK CONSTRUCTION AND IMPROVEMENT (SIDEWALK IMPROVEMENT NO. 14) ALONG BOTH SIDES OF PROPERTY WEST OF "R" STREET S.E., EAST OF "A" STREET S.E., SOUTH OF 12TH S.E., NORTH OF 33RD S.E., WITHIN THE COUNTY OF KING, STATE OF WASHINGTON, AS PROVIDED BY ORDINANCE NO. 4576; AND LEVYING AND ASSESSING THE COST AND EXPENSE THEREOF AGAINST THE SEVERAL LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY AS SHOWN ON THE AMENDE:D ASSESSMENT ROLL; AND APPROVING PAYMENT OF CERTAIN ASSESSMENTS OF QUALIFIED LOW AND MODERATE INCOME HOMEOWNERS PURSUANT TO HUD BLOCK GRANT PROGRAM AND PROCEDURES. WHEREAS, the assessment roll and the amended assessment levying the special assessments against the property located in Local Improvement District No. 345 in the City of Auburn, Washington have been filed with the City Clerk as provided by law; and WHEREAS, notice of the time and place of hearing thereon and making objections and protests to the roll was published at and for the time and in the manner provided by law fixing the time and place of hearing thereon for the 16th day of August, 1993 at the hour of 7:30 p.m., local time, in the Council Chambers in the City Hall, Auburn, Washington, and further notice thereof was mailed by property owner shown on the roll; and WHEREAS, at the time and place the notice the hearing was held, the City Clerk to each fixed and designated in all written protests received Ordinance No. 4623 August 11, 1993 Page 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 were considered and all persons appearing at the hearing who wished to be heard were heard, and 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 such roll, including the increase and enhancement of the fair market value of each such parcel of land by reason of the improvement, overruled all such protests; and WHEREAS, the city of Auburn has established a program and qualification requirements for the payment of LID 345 sidewalk improvement assessments of low and moderate income homeowners through the HUD block grant program and all property owners within LID 345 have been notified of said program and have been provided the appropriate application forms; and WHEREAS, the City of Auburn has completed the evaluation of all such applications, determined homeowners, and notified said owners as to as well as the amount of the assessments. NOW, THEREFORE, THE CITY COUNCIL OF WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The assessments and the qualifying such qualification THE CITY OF AUBURN, the amended assessment roll of Local Improvement District No. 345 which has been created and established for the purpose Of sidewalk improvement along both sides of property west of "R" Street Ordinance No. 4623 August 11, 1993 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 S.E., east of "A" Street S.E., south of 12th S.E., north of 33rd S.E., as provided by Ordinance No. 4576, as the same now stand, shall be and the same are approved and confirmed in all things and respects in the total amount of Two Hundred and Sixty Four Thousand, Four Hundred and Fifty Three Dollars and Ninty Seven Cents ($264,453.97) along the following generally described streets: 17th Street S.E. from "A" Street S.E. to "M" Street S.E.; 21st Street S.E. from "A" Street S.E. to "R" Street S.E.; 29th Street S.E. from "M" Street S.E. to "R" Street S.E.; 33rd Street S.E. from "R" Street S.E. to the west boundary Kelley Manor Addition; "F" Street S.E. from 12th Street S.E. to 25th Street S.E.; "J" Street S.E. from Auburn Way South to 17th Street S.E.; "K" Street S.E. from 17th Street S.E. ti) 21st Street S.E.; "M" Street S.E. from 17th Street S.E. ti) 29th Street S.E.; "M" Street S.E. from m 29th Street S.E. to the south boundary of Sportman's Paradise Estates (east side only); and "R" Street S.E. from Howard Road to the north end of the Stuck River Bridge Ordinance No. 4623 August 11, 1993 Page 3 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The property to be improved is located on both sides of property west of "R" Street S.E., east of "A" Street S.E., south of 12th S.E., north of 33rd $.E., within the City of Auburn, County of King, and such improvement shall be known as Sidewalk Improvement No. 14. section 2. Each of the lots, tracts, parcels of land and other property shown upon the amended assessment roll is determined and declared to be specially benefited by this improvement in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing upon the roll. There is levied and assessed against each lot, tract or parcel of land and other property appearing upon the roll the amount finally charged against the same thereon. In accordance with RCW 35.44.047, the City Council herein finds that the method of assessment used in Local Improvement District No. 345, namely, the front footage ~method, more fairly reflects the special benefits to the properties being assessed than the methods provided in RCW 35.44.0:30, 35.44.040 and 35.44.045. Section 3. The amended assessment roll as approved and confirmed shall be filed with the Finance Director for collection and the Finance Director is authorized and directed to publish notice as required by law stating that; the roll is Ordinance No. 4623 August 11, 1993 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 in his hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at any time within thirty (30) days from date of first publication of such notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in ten equal annual installments, with interest on the whole unpaid sum at the rate of one-half (1/2) of one (1) percent in excess of the net effective rate of the local improvement district bonds with the interest in no case being greater than thirteen (13) percent. The exact interest rate will be fixed in the ordinance authorizing the issuance and sale of the local improvement district bonds for 345. The first installment of assessment roll shall become Local Improvement District No. the assessments on the amended due and payable during the thirty-day (30) period succeeding the date one (1) year after the date of first publication by the City Finance Director of notice that the amended assessment roll is in his 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-day (30) period, interest upon the whole unpaid sum shall be charged at the rate as determined and described above, and each year thereafter one of the installments together with interest due on the unpaid balance, shall be Ordinance No. 4623 August 11, 1993 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 collected. Any installment not paid prior to expiration of the thirty-day (30) period during due and payable shall thereupon delinquent installment shall delinquency, to a charge of levied on both the amount of interest, and such penalty shall become a upon the property assessed. All delinquent shall be charged interest at the rate as which such installment is become delinquent. Each be subject, at the time of twelve percent (12%) penalty the overdue installments and part of the lien installments also determined above. The collection of delinquent installments shall be enforced in the manner provided by law and City of Auburn ordinances. Section 4. All monies collected by the City Treasurer upon any of the assessments levied, as authorized herein, shall be paid into "Local Improvement District No. 345 Fund" created by Ordinance No. 4576, and shall be used only for the purpose of redeeming warrants and/or bonds drawn upon or issued against said fund. Seotlon 5. Payment of the assessments levied against the property owned by homeowners who have qualified as having low or moderate incomes shall be paid pursuant to the HUD block grant program and procedures in the amount as provided in the final amended assessment role adopted herein. Ordinance No. 4623 August 11, 1993 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. 8eotion 7. This Ordinance shall take effect and be in force five days from and after its passage, .approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Stephen R. Shelton, City Attorney Ordinance No. 4623 August 11, 1993 Page 7