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Home My WebLink AboutITEM VIII-A-1.e * ~ r ~C CIT'Y OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Ordinance No. 6223 Janua 13, 2009 Department: Attachments: Budget Impact: Public Works Ordinance No. 6223 $ 0 Administrative Recommendation: City Councii introduce and adopt Ordinance No. 6223. Background Summary: Ordinance No. 6223 is for the confirmation of the final a ssessment roll for Local Improvement District No. 350. W0202-1 N0202-1 F2.4.9 LID 350 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance p Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. 0 Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Planning Comm. ❑ Other 0 Legal ❑ Police 0 Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Backus Staff: Dowd /Coleman Meetina Date: February 2, 2009 Item Number: VIII.A.1 AUBURN*MORE THAN YOU IMAGINED ORDINANCE NO. 6223 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND CONFIRMING THE ASSESSMENTS AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 350 FOR THE IMPROVEMENT OF SIDEWALKS, CURB/GUTTERS, DRIVEWAYS, WHEELCHAIR ACCESS RAMPS, AND LANDSCAPE STRIPS, AS PROVIDED BY ORDINANCE NO. 6111, AND LEVYING AND ASSESSING A PART OF 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.350 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 the hearing thereon for the 20th day of January, 2009, 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 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: Ordinance No. 6223 January 28, 2009 Page 1 of 4 Section 1. The assessments and assessment roll of Local Improvement District No. 350, which has been created and established for the purpose of improving sidewalks, curb/gutters, driveways, wheelchair access ramps, and landscape strips on the west side of M Street SE between 29th Street SE and 37th Street SE, as provided by Ordinance No. 6111, as the same now stand shall be and the same are approved and confirmed in all things and respects in the total amount of $112,078. The assessment roll is attached hereto as Exhibit "A" and by this reference made a part hereof. Section 2. 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 3. The assessment roll as approved and confirmed shall be filed with the City Clerk for collection and the City Clerk 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 10 equal annual installments of principal, together with interest on the outstanding balance. The estimated interest rate is stated to be 5.0% 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. 350. The first installment of assessments on the assessment roll shall become due and payable during the 30-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 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 Ordinance No. 6223 January 28, 2009 Page 2 of 4 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 and interest] [together with interest due on the unpaid balanceJ 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 herby 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 any one 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. PASSED by the City Council and APPROVED by the Mayor of the City of Auburn, Washington, at a regular open public meeting thereof, this 2"d day of February, 2009. Ordinance No. 6223 January 28, 2009 Page 3 of 4 INTRODUCED PASSED: APPROVED: Peter B. Lewis, Mayor ATTEST: Danielle Daskam, City Clerk APPR AS TO FORM: Daniel B. 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