HomeMy WebLinkAbout5123] ORDINANCE NO. 5 12 3
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AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, MODIFYING,
3 APPROVING AND CONFIRMING THE ASSESSMENTS AND ASSESSMENT ROLL
OF LOCAL IMPROVEMENT DISTRICT NO. 347 FOR STREET IMPROVEMENTS
4 TO "B" STREET N.W. AND OTHER IMPROVEMENTS RELATED THERETO, AS
PROVIDED BY ORDINANCE NO. 4955, AND LEVYING AND ASSESSING A
5 PART OF THE COST AND EXPENSE THEREOF AGAINST THE SEVERAL LOTS,
TRACTS, PARCELS OF LAND AND OTHER PROPERTY AS SHOWN ON THE
6 ASSESSMENT ROLL.
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WHEREAS, the assessment roll levying the special
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assessments against the property located in Local Improvement
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10 District No. 347 ("District") in the City of Auburn,
11 Washington (the "City"), has been filed with the City Clerk as
12 provided by law; and
13 WHEREAS, the City Council, sitting and acting as Board of
14 Equalization for the purpose of considering the roll and the
15 special benefits to be received by each lot, parcel and tract
16 of land shown upon such roll, including the increase and
17 enhancement of the fair market value of each such parcel of
]8 land by reason of the improvement, determined to modify
19 certain of the assessments appearing on such roll and
20 overruled all such protests;
21 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
22 WASHINGTON DO ORDAIN AS FOLLOWS:
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O~inanceNo. 5123
Sep~mber29,1998
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Section 1.Recitals and FindinGs:
1.1 Notice of the time and place of hearing on and
3 making objections and protests to the roll was published at
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and for the time and in the manner provided by law fixing the
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time and place of hearing thereon for the 20~ day of July,
1998, at the hour of 7:30 p.m., local time, in the Council
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Chambers in Auburn City Hall, 25 West Main, Auburn,
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Washington, and further notice thereof was mailed by the City
Clerk to each property owner shown on the roll.
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1.2 On July 20, 1998, the Council continued the hearing
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to July 22, 1998. On July 22, 1998, the Council continued the
hearing to August 3, 1998. At the hearing on August 3, the
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Council received evidence regarding the District, estimated
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costs of the improvements to "B" Street Northwest, special
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benefits to property within the District from the
improvements, and protests to the roll. The Council closed
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the public hearing on August 3 and began its consideration of
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the assessment roll.
1.3 The Council has considered the Transcript of the
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Record for Local Improvement District No. 347, the original of
which is maintained by the City Clerk.
1.4 All assessment parcels, except for assessment parcel
3, were represented by RODGERS DEUTSCH & TURNER. Assessment
parcel 3 was represented by DAVIS WRIGHT TREMAINE LLP. The
O~inance N0. 5123
September 29. 1998
Sage 2
1 District and City Public Works Department were represented by
2 the City Attorney.
3 1.5 The Council has been presented with stipulations of
4 the parties regarding the roll, and has accepted the parties
5 executed Final Assessment Agreements ("Agreements"). The
6 roll, as accepted by the parties in the Agreements, shall be
7 the roll for the District.
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1.6 The modifications as set forth in Exhibit "A",
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attached hereto and incorporated herein by this reference, are
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made on the assessment roll of Local Improvement District No.
1]
347.
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Section 2.Roll ADproved and Confirmed.
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2.1 The assessments and assessment roll of Local
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Improvement District No. 347, which has been created and
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established for the purpose of street improvements including
the construction of the east half-street, including 24 foot
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pavement, curb and gutter, sidewalk, driveways, water, sewer
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stubs for future extension, storm drainage, lighting and
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undergrounding existing power to "B" Street N.W. and other
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21 improvements related thereto, as provided by Ordinance No.
4955, as the same now stand after the modifications made in
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Section 1 hereof, shall be and the same are approved and
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O~inance No. 5123
September29,1998
Page 3
1 confirmed in all things and respects in the total amount of
2 $587,827.
3 2.2 The total estimated cost and expense of the
4 improvement is declared to be $935,400. As set forth in
5 Section 2.1, $587,827 of the cost and expense shall be borne
6 by and assessed against the property located in the District.
7 The balance of such cost and expense in the amount of $347,573
8 shall be paid by the City from such funds as from time-to-time
9 shall be determined by the City.
10 Section 3.Special Benefit Assessment. Each of the lots,
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tracts, parcels of land and other property shown upon the
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assessment roll is determined and declared to be specially
benefited by this improvement in at least the amount charged
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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,
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tract or parcel of land and other property appearing upon the
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roll the amount finally charged against the same thereon.
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Section 4.Assessment - Collection and Payment. The
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assessment roll as modified, approved and confirmed shall be
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filed upon further direction from the City Council with the
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City Finance Director for collection and the City Finance
Director is authorized and directed to publish notice as
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required by law stating that the roll is in her hands for
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O~inance No. 5123
September 29, 1998
Page 4
1 collection and that payment of any assessment thereon or any
2 portion of such assessment can be made at any time within 30
3 days from the date of first publication of such notice without
4 penalty, interest or cost, and that thereafter the sum
5 remaining unpaid may be paid in 10 equal annual installments
6 of principal and interest. The estimated interest rate is
7 stated to be 5.9% per annum, with the exact interest rate to
8 be fixed in the ordinance authorizing the issuance and sale of
9 the local improvement bonds for Local Improvement District No.
10 347. The first installment of assessments on the assessment
]1 roll shall become due and payable during the 30-day period
]2 succeeding the date one year after the date of first
13 publication by the City Finance Director of notice that the
]4 assessment roll is in her hands for collection and annually
15 thereafter each succeeding installment shall become due and
16 payable in like manner. If the whole or any portion of the
17 assessment remains unpaid after the first 30-day period,
18 interest upon the whole unpaid sum shall be charged at the
]9 rate as determined above, and each year thereafter one of the
20 installments of principal and interest shall be collected.
21 Any installment not paid prior to expiration of the 30-day
22 period during which such installment is due and payable shall
23 thereupon become delinquent. Each delinquent installment
24 shall be subject, at the time of delinquency, to a charge of
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O~inance No. 5123
Sep~mber29,1998
Page5
1 12% penalty levied on both principal and interest due upon
2 that installment, and all delinquent installments also shall
3 be charged interest at the rate as determined above. The
4 collection of such delinquent installments shall be enforced
5 in the manner provided by law.
8 Section 5.Effective Date of Ordinance. This ordinance
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shall take effect and be in force from and after its passage
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and five days following its publication as required by law.
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INTRODUCED: December7, 1998
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PASSED: December 7, 1998
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APPROVED: December7, 1998
14 CHARLES A. BOOTH
15 MAYOR
ATTEST:
18 ielle E. Daskam,
City Clerk
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20 APPROVED AS TO FORM:
22 F ER PEPPER ,
23 City Attorney
24 Published:
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O~imance No. 5123
September29,1998
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