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Home My WebLink About2271 Approval of Final Assessment Roll for LID #2 and Levying and Assessing ProperitesORDINANCE NO. 2-2~'1 AN ORDINANCE of the City of Port Townsend, Washington, approving and confirming the final assessment roll for Local Improvement District No. 2 , which has been created and established for the purpose of paying the cost of certain street improvements in the City of Port Townsend; and levying and assessing the amount thereof against the lots, tracts, parcels of land and other property shown on said roll. WHEREAS, an assessment roll levying special assessments against the properties located-in Local Improvement District No. 2 ("LID 2 "), in the City of Port Townsend, Washington, created under Ordinance No. 2226, was filed with the City Clerk of the City of Port Townsend as provided by law; and WHEREAS, notice of the time and place of a hearing on and of making objections to the assessment roll was duly 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 November , 19 91, at the hour of 7:00 p.m. in the Council chambers of the Port Townsend City Hall, Port Townsend, Washington, and further notice thereof was duly mailed by the City Clerk to each property owner on said roll; and WHEREAS, at the time and place fixed and designated in said notice, the hearing on said assessment roll was duly held and the Council, sitting as a board of equalization, gave due consideration to all written and oral protests received and all persons appearing at said hearing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Council, sitting as a board of equalization and having made all revisions to the roll it deems necessary, hereby finds and determines that the final assessment roll for LID ? is just and equitable and that no assessment against property within LID 2 is greater than the special benefits to be derived from the improvements. Accordingly, the final assessment roll, in the total amount of $ 15,056,04 , is hereby approved and confirmed, and the assessments set forth therein are hereby levied against each lot, tract and parcel of property described in the roll. Section 2. The Clerk of the City is hereby directed to place in the hands of the Treasurer of the City for collection the final assessment roll for LID 2 . Upon such placement, the amount of each assessment set forth in the roll, together with any interest or penalty imposed from time to time, shall become a lien against the property so assessed. The lien shall be paramount and superior to any other lien or encumbrance whatsoever, theretofore or thereafter created, except a lien for general taxes. Section 3. Upon receipt of the final assessment roll for LID 2 , the Treasurer of the City is hereby directed to publish notice at the times and in the manner required by RCW 35.49.010, stating that the roll is in her hands for collection and that such assessments or any portion thereof may be paid to the city at any time within 30 days from the date of the first publication of such notice, without penalty, interest or costs. Section 4. The amount of any assessment, or any portion thereof, against property in LID 2 not paid within the 30 day -2- period from the date of the first publication of the Treasurer's notice shall be payable in ten equal annual installments, together with interest on the diminishing principal balance thereof at a rate of 9 % per annum. Interest shall commence on the 30th day following first publication of such notice. The first installment shall become due and payable one year from the expiration of the 30 day prepayment period. Annual installments, including interest and any penalty, shall be paid in full when due, and no partial payments shall be accepted by the Treasurer of the city. Section 5. Any installment not paid when due shall thereupon become delinquent. All delinquent installments shall be subject to a penalty equal to 12 % per annum of the amount of the installment, including interest, from the date of the delinquency until paid. section 6. The lien of any assessment may be discharged at any time after the 30 day prepayment period by payment of the entire principal amount of the assessment remaining unpaid together with interest thereon to the due date of the next installment. Section 7. If any one or more of the provisions of this ordinance shall be declared by a court of competent jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed severable from the remaining provisions of this ordinance and shall in no way affect the validity of the other provisions of this ordinance. Section 8. This ordinance shall be in full force and effect [five (5)] days after its passage and publication as provided by law. PASSED by the Council of'the city of Port Townsend, Washington at its regular meeting on the 19th day of November , 1991 . ATTEST: city Clerk David A. Grove Approv~//as tof form: City Attorney Keith C. Ha per CITY OF PORT TOWNSEND, WASHINGTON -4- '~2~ '7 t CERTIFICATE I, the undersigned, Clerk of the City of Port Townsend, Washington (herein called "City"), and keeper of the records of the City Council of the City (the "Council"), DO HEREBY CERTIFY: 1. That the attached ordinance is a true and correct copy of Ordinance No. of the Council (herein called the "Ordinance"), as finally passed at a regular meeting of the Council held on the day of , 19 , and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a quorum of the Council was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper adoption or passage of said Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this of , 19 . City Clerk K: \NMN\22566-89.001\21H. 3J 1 -5- z_:7( [To Be Published] Notice is hereby given that the City of Port Townsend, Washington passed Ordinance No. approving the final assessment roll for Local Improvement District No. and such assessment roll has been placed in my hands for collection. All or any portion of an assessment may be paid within 30 days from without penalty, interest or costs. Thereafter, the assessments remaining unpaid may be paid in ten equal annual installments plus interest on the unpaid amount at the rate of of % per annum higher than the rate of the bonds sold to finance the improvements in LID No. ; provided, that any installment paid after the 30 day prepayment period, but prior to the issuance of the bonds sold in LID No. , shall bear interest at a rate of % per annum. The installment shall be payable on and on each thereafter. After , any owner may pay the entire assessment due without penalty by paying the entire assessment remaining unpaid with interest to the date of the installment next falling due. Installments not paid when due shall bear a penalty of %. Treasurer City of Port Townsend, Washington K: \NMN \22566- 89.001 \21 B. 3J4 [To Be Sent to Property Owners] Notice is hereby given that the City of Port Townsend, Washington passed Ordinance No. approving the final assessment roll for Local Improvement District No. and such assessment roll has been placed in my hands for collection. All or any portion of an assessment may be paid within 30 days from without penalty, interest or costs. Thereafter, the assessments remaining unpaid may be paid in ten equal annual installments plus interest on the unpaid amount at the rate of of % per annum higher than the rate of the bonds sold to finance the improvements in LID No. ; provided that any installments paid after the 30 day prepayment period, but prior to the issuance of the bonds sold.in LID No. , shall bear interest at a rate of % per annum. The installment shall be payable on --and on each thereafter. After , any owner may pay the entire assessment due without penalty by paying the entire assessment remaining unpaid with interest to the date of the installment next falling due. Installments not paid when due shall bear a penalty of %. Your name and address as it appears on the tax rolls of the Jefferson County Treasurer, the description of your property subject to assessment, and the total amount of your assessment is set forth below. Dated , 19 . Treasurer City of Port Townsend, Washington Name and Address of Property Owner: Description of Property Being Assessed: Amount of Assessment: K: \NMN\22566-89.001\218. ~J3 2Z'T f AFFIDAVIT OF MAILING NOTICE OF PREPAYMENT The undersigned, being duly sworn oath, certifies that on oath, certifies that on , 19 , I caused the attached notice to be mailed by first class mail, postage prepaid, by delivering the same to the U. S. Post office for deposit in the United States Mail, properly addressed to the owners or reputed owners of all lots, tracts and parcels of land within Local Improvement District No. of the City of Port Townsend, directed to the addresses shown on the rolls of the Jefferson County Assessor. Signature Title Sworn to before me this day of Notary Public in and for the State of Washington residing at My commission expires: (SEA L) K: \NMN\22566-89. 001 \21 B. 3J2