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HomeMy WebLinkAbout5833 ORDINANCE NO.5 8 3 3 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND CONFIRMING THE ASSESSMENTS AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 250 FOR THE IMPROVEMENT OF CERTAIN PARKING FACILITIES, AS PROVIDED BY ORDINANCE NO. 5821; AND, LEVYING AND ASSESSING A PART OF THE COST AND EXPENSE THEREOF AGAINST THE PROPERTY AS SHOWN ON THE ASSESSMENT ROLL WHEREAS, the assessment roll levying the special assessments against the property located in Local Improvement District No. 250 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 1st day of March, 2004, 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 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 the property 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, --------------------------- Ordinance No. 5833 March 1, 2004 Page 1 of 4 50420686.01 ------........---.---- - THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The assessment and assessment roll of Local Improvement District No. 250, which has been created and established for improving certain public parking facilities in downtown Auburn, as provided by Ordinance No. 5821, as the same now stand shall be and the same are approved and confirmed in all things and respects in the total amount of $702,525. Section 2. The 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 assessment appearing upon the roll. There is levied and assessed against that property appearing upon the roll the amount finally charged against the same thereon. Section 3. The assessment roll as approved and confirmed shall be filed with the City Finance Director for collection and the City Finance Director is authorized and directed to publish notice as required by law stating that the roll is in her hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at any time within 30 days from the date of first publication of such notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in 20 equal annual installments of principal, together with accrued interest. The estimated interest rate is stated to be 5% per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement bond or note for Local Improvement District No. 250. The first installment of assessments on the assessment roll shall become due and payable during the 30- --------------------------- Ordinance No. 5833 March 1, 2004 Page 2 of 4 50420686.01 day period succeeding the date one year after the date of first publication by the City Finance Director of notice that the assessment roll is in her 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 30- 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 together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the 30-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 4. If any section, subsection, clause, phrase, or sentence of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsection. clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that anyone or more section, subsection, clause, phrase, or sentence, be declared invalid or unconstitutional. Section 5. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. --------------------------- Ordinance No. 5833 March 1, 2004 Page 3 of 4 , 50420686.01 ----.-..._---------._,,---,.._---- _________·_·w~_ PASSED by the City Council and APPROVED by the Mayor of the City of Auburn, Washington, at a regular open public meeting thereof, this 1st day of March, 2004. MAR 1 2004 INTRODUCED: PASSED: APPROVED: CI OF AUBURN MAR MAR j ZUU4 J ZUU4 çS---- . ~ c ~/ ATTEST: ik~~,~ --------------------------- Ordinance No. 5833 March 1, 2004 Page 4 of 4 50420686.01 _··..·_·_·_M___~__._.___.,_____ _______ __..____ ----,-~.--