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ORDINANCE NO, 4 ? 3 ~
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND
CONFIRMING THE ASSESSMENTS AND ASSESSMENT ROLL OF LOCAL
IMPROVEMENT DISTRICT NO. 341 FOR THE CONSTRUCTION OF A STREET,
CURBS, GUTTERS, SIDEWALKS, A STORM DRAINAGE SYSTEM, A STREET
ILLUMINATION SYSTEM, AN UNDERGROUND ELECTRICAL POWER SYSTEM
AND NECESSARY APPURTENANCES (PROJECT NO. 502) ON 37TH STREET
SE FROM "A" STREET SE TO "M" STREET SE AND "D" STREET SE FROM
37TH STREET SE FROM 37TH STREET SE 200 FEET SOUTH (EAST ONE-
HALF ONLY), AS PROVIDED BY ORDINANCE NO. 4619, AND LEVYING AND
ASSESSING THE COST AND EXPENSE THEREOF AGAINST THE SEVERAL
LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY AS SHOWN ON
THE ASSESSMENT ROLL.
WHEREAS, the assessment roll levying the special
assessments against the property located in Local Improvement
District No. 341 in the City of Auburn, Washington (the
"City"), has 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 5th day of June,
1995, 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 the City Clerk to each property
owner shown on the roll and the rolls of the King County
Assessor; and
Ordinance No. 4736
July 3, 1995
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WHEREAS, at the time and place fixed and designated in
the notice the hearing was held, all written protests received
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; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN as follows:
8eotion 1. A protest was received from Assessment Number
1, N. A. MAGNUSON, as to Parcel Number 302105-9012, alleging
that the calculation of special benefit is not applicable to
this property in that it is zoned M-3, currently in a non
conforming use status as a wrecking yard and due to costs of
cleanup and difficulty in siting wrecking yards would not
therefore result in the same special benefit as a result of
the improvements and that N. A. Magnuson's attorney had made a
presentation which inferred a discrepancy in appraised value.
The City Council therefore finds that under the circumstances
of the wrecking yard use it is appropriate to reduce the
assessment from $97,745.49 to $87,745.49.
Ordinance No. 4736
July 3, 1995
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Seotion 2. The assessments and assessment roll of Local
Improvement District No. 341 which has been created and
established for the purpose of construction of a street,
curbs, gutters, sidewalks, s storm drainage system, a street
illumination system, an underground electrical power system
and necessary appurtenances (Project No. 502) on 37th Street
SE from "A" Street SE to "M" Street SE and "D" Street SE from
37th Street SE from 37th Street SE 200 feet South (East one-
half only) within the City, as provided by Ordinance No. 4619,
as the same now stand shall be and the same are approved and
confirmed in all things and respects in the total amount of
$1,250,600.01, which includes the $10,000.00 reduction in the
assessment against Parcel Number 302105-9012.
Seotion 3. Each of the lots, tracts, parcels of land and
other property shown upon the 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.
Section 4. The assessment roll as approved and confirmed
shall be filed with the City Clerk for collection and the City
Ordinance No. 4736
July 3, 1995
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Clerk is authorized and directed to publish notice as required
by law stating that the roll is 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 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 [of principal and
interest on the unpaid balance of principal] [of principal and
interest]. The estimated interest rate is stated to be 7% per
annum, with the exact interest rate to be fixed in the
ordinance authorizing the issuance and sale of the local
improvement bonds for Local Improvement District No. 341. The
first installment of assessments on the assessment roll shall
become due and payable during the thirty-day period succeeding
the date one year after the date of first publication by the
City Clerk of notice that the 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 period, interest upon the whole
unpaid sum shall be charged at the rate as determined above,
and each year thereafter one of the installments [of principal
and interest] [together with interest due on the unpaid
balance,] shall be collected. Any installment not paid prior
Ordinance No. 4736
July 3, 1995
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to expiration of the thirty-day period during which such
installment is due and payable shall thereupon become
delinquent. Each delinquent installment shall be subject, at
the time of delinquency, to a charge of 12% penalty levied on
both principal and interest due upon that installment, and all
delinquent installments also shall be charged interest at the
rate as determined above. The collection of such delinquent
installments shall be enforced in the manner provided by law.
Section 5. The Mayor is hereby authorized to
such administrative procedures as may
out the directives of this legislation.
Section 6. This Ordinance shall
five (5) days from and after its
publication, as provided by law.
implement
be necessary to carry
effect and be in force
passage, approval and
INTRODUCED:
PASSED:
APPROVED:
July 3, 1995
July 3, 1995
July 3, 1995
CHARLES
MAYOR
Ordinance No. 4736
July 3, 1995
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ATTEST:
J ' , Danielle E.
-e~eY-C-3~r-k Deputy City Clerk
APPROVED AS TO FORM:
~. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 4736
July 3, 1995
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