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HomeMy WebLinkAboutO-2173 - LID No. 64 (Special)'.' CITY OF MARYSVILLE, WASHINGTON ORDINANCE NO.m 3 /-~@~ (-2Juv,~j2,o I-~~~ 1-9d~tJ"z4, AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON, APPROVINGAND CONFIRMINGTHE ASSESSMENTS ANDASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 64 FOR THE IMPROVEMENT OF A PORTION OF 67TH AVENUE N.E. AND 88TH STREET N.E.,AS PROVIDED BYORDINANCE NO. 2016, 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 ASSESSMENTROLL. WHEREAS, the assessment roll levying the special assessments against the property located in Local Improvement District No. 64 in the City of Marysville, 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 8th day of December, 1997, at the hour of 7:00 p.m.,local time, in the Council Chambers in the Public Safety Center in Marysville, Washington, and further notice thereof was mailed by the City Clerk to each property owner shown on the roll, and posted in the affected community; 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, includingthe 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 MARYSVILLE, WASHINGTON, DO ORDAIN as follows: Section 1. The City Council finds that the statutory zone-and-termini method of assessment, described in RCW 35.44.030 and .040, used inLocal ImprovementDistrict No. 64, and as used and modified in Cloverdale, Division 1, and in Villa at Cedar Crest, to be fair, equitable and properly reflective of the special benefits to the affected lots, tracts and parcels of land, and that no property owner produced any competent and material evidence to the contrary at the hearing. The City Council also finds that proper and adequate notice of the December 8, 1997, final assessment roll hearing was given to the owners of all property in Local Improvement District No. 64, nearly all of such owners of property in Cloverdale, ORDINANCE - 1 0314161.03 Division 1, having actually appeared at the final assessmentroll hearing. Section 2. The City Council further fmds that if all 33 ownerships in Cloverdale, Division 1, had filed timely written protests pursuant toRCW 35.43.180 against the formation of Local Improvement District No. 64 in 1995, they would have accounted for only 6.25%of the total amount to be assessed in the LID, and along with the protests actually filed by owners of property subject to 6.30% of the total amount to be assessed would have represented only about 12.55% of such total amount, far short of the 60% of such total amount required to deprive the City of jurisdiction to proceed with the street improvements. Section 3. The City Council further finds that the cost of constructing the improvements in Local Improvement District No. 64, as determinedfrom competitivebids or from the estimate of the City Engineer, was not 20% or greater than the total aggregate of the preliminary assessment roll as provided in Marysville City Code 3.60.050,and that no additional public hearing was required prior to letting the contract or authorizing the work in such local improvement district. Section 4. The City Councilfinds that the filing requirements of RCW 35.050.005 with respect to Local Improvement District No. 64 were duly and timely complied with by the City. Section 5. The assessmentsand assessmentroll of Local Improvement District No. 64, which has been created and established for the purpose of improving a portion of 67th Avenue N.E. and 88th Street N.E.,as provided by Ordinance No. 2016, as the same now stand shall be and the same are approved and confirmed in all things and respects in the total amount of $1,402,268.79. Section 6. 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 assessmentappearing 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 7. The assessmentroll 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 his 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 15 equal annual installments of principal. The estimated interest rate is stated to be 6.0% 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. 64. The first installment of assessments on the assessment roll shall become due and payable during the 30-dayperiod succeeding the date one year after the date of first publicationby the City Finance Director of notice that the assessment roll is in his hands for collection and annually thereafter each succeeding installment shall ORDINANCE - 2 0314161.03 become due and payable in like manner.If the whole or any portion of the assessment remains unpaid after the first 3D-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 3D-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 8.0%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. PASSED by the City Council and APPROVED by the Mayor of the City ofMarysville, Washington,at a special open public meeting thereof,of which notice was given as required by law, this 22nd day of December,1997. ~tUb4id Mayor By _...s.<:.......""'-'-"-J.L.<....,iIli<L _ ATTEST: Foster Pepper &Shefelman PLLC Special Counsel and Bond Counsel to the City ORDINANCE - 3 0314161.03