HomeMy WebLinkAboutOrd 1146 - LID #25 (Local Improvement District) - Assessment Roll Levy1153
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COUNCIL ACTION
MEETING I I AGENDA I
TYPE DATE ITEM ACTION
14i1 P I I i
ar O F
TUK 1
WASHINGTON 1 1
AMENDED BY ORDINANCE NO. 5
ORD. NO. )1S
AN ORDINANCE APPROVING AND CONFIRMING THE ASSESS
MENTS AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT
DISTRICT NO. 25 WHICH HAS BEEN CREATED AND
ESTABLISHED FOR THE PURPOSE OF CONSTRUCTION AND
INSTALLATION OF ACCESS STREET, SANITARY SEWER
TRUNKS, FORCE MAINS AND LIFT STATIONS AND WATER
MAINS, ALL IN ACCORDANCE WITH CITY STANDARDS
WITHIN AN AREA LYING EAST OF INTERURBAN AVENUE
AND NORTH OF STATE HIGHWAY NO. 405, ALL WITHIN
THE CITY OF TUKWILA, AS PROVIDED BY ORDINANCE
NO. 837, AND LEVYING AND ASSESSING THE AMOUNT
THEREOF AGAINST THE SEVERAL LOTS, TRACTS, PARCELS
OF LAND AND OTHER PROPERTY SHOWN ON THE ROLL,
AND AI'iENDING ORDINANCES NO. 1097 and NO. 837.
WHEREAS, the assessment roll levying the special
assessments against properties located on Local Improvement
District No. 25 in the City of Tukwila, Washington, created
by City of Tukwila Ordinance No. 837, has been filed with
the Clerk of the City of Tukwila, Washington, as provided
by law; and
WHEREAS, notice of the time and place of hearing
thereon and of.making objections and protests to said roll
was duly published at and for the time and in the manner
provided by law fixing the time and hour of hearing thereon
for the 28th day of August, 1978, at the hour of 7:00 P.M.,
in the council chambers of the City Hall in the City of Tukwila,
Washington, and further notice thereof was duly mailed on
August 11, 1978, to each property owner shown on said roll,
said mailing having been made at the direction of the City
Clerk by Terence R. Monaghan, Public Works Director; and
WHEREAS, at the time and place fixed and designated
in said notice the hearing was duly held and all written
protests received were duly considered and all persons appearing
at said hearing were heard and the City Council overruled
all written protests received and denied all requests for
changes of assessments on said assessment roll; and
WHEREAS, following the passage of Ordinance No. 1097
approving and confirming the assessments and assessment roll
of Local Improvement District No. 25, an appeal was taken
by certain property owners affected by the appeal to the
King County Superior Court in Cause No. 858689. The subject
matter of the appeal challenging the final assessment roll
and assessments was litigated and, as a result, an order
and final judgment resolving the disputes of the parties
was entered by the court on January 3, 1980. As a result
of the findings of the court, the assessments and assess-
ment roll of Local Improvement District No. 25 are to be
modified in accordance with the court's decision; and
WHEREAS, as a part of the order entered in the King
County Superior Court Action No. 858689, the property owners
within the boundaries of Local Improvement District No. 25
waive notice of any interest prepayment period and any
other public hearings which may otherwise be required in
confirming this amended final assessment roll and, ultimately,
in the issuance of any bonds associated with this Local
Improvement District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS:
1. Section 1 of Ordinance No. 1097 is hereby
amended to read as follows:
Section 1. The assessments and assessment roll
of Local Improvement District No. 25, which has been created
and established for the purpose of construction and installa-
tion of access street, sanitary sewer trunks, force mains
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and lift stations and water mains, all in accordance with
City standards, within an area lying east of Interurban
Avenue and north of State Highway No. 405, as provided by
Ordinance No. 837, be and the same are hereby in all things
and respects approved and confirmed in the total sum of
$534,653.
2. Section 3 of Ordinance No. 1097 is hereby
amended to read as follows:
Section 3. The assessment roll as approved and
confirmed shall be filed with the Finance Director of the
City of Tukwila for collection. The initial thirty -day
collection period for payment without penalty, interest or
cost has been waived by all property owners. Therefore,
the unpaid assessments may be paid in ten equal annual
installments with interest thereon hereby fixed at the rate
of 10o per annum. The first installment of assessments on
said assessment roll shall become due and payable during
the thirty -day period succeeding the date one year after
the date of publication of this ordinance and annually
thereafter each succeeding installment shall become due
and payable in like manner. Interest upon the whole
unpaid sum shall be charged at the rate of 10% per annum
and each year thereafter one of said installments, together
with interest due on the whole unpaid balance, shall be
collected. Any installment not paid prior to the expiration
of the said thirty -day period during which such installment
is due and payable shall thereupon become delinquent. All
delinquent installments shall be subject to a charge for
interest at 10o per annum and for an additional charge of 5%
as a penalty levied upon both principal and interest due upon
such installment or installments. The collection of such
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delinquent installments will be enforced in the manner provided_
by law.
3. Section 5 of Ordinance No. 837 is hereby amended
to read as follows:
Section 5. Local Improvement District warrants
shall be issued in payment of the cost and expense of the
improvements, such warrants to be payable out of the "Local
Improvement Fund, District No. 25" hereinafter created, to
bear interest from the date thereof at a rate to be hereafter
fixed by ordinance, not to exceed 10% per annum, and to be
redeemed in cash, and /or by Local Improvement District bonds
herein authorized to be issued, such interest bearing warrants
to be hereafter referred to as "Revenue Warrants Such bonds
shall bear interest at a rate to be hereafter fixed by
ordinance, not to exceed 10% per annum, shall be payable on or
before 12 years from the date of issuance, the life of the
improvements ordered being not less than 12 years, and shall
be issued in exchange for and in redemption of any and all
revenue warrants issued hereafter and not redeemed in cash
within a period not to exceed 60 days after the first
publication by the Finance Director of notice that the assess-
ment roll for Local Improvement District No. 25 is in his hands
for collection. The bonds shall be redeemed by the collection
of special assessments to be levied and assessed upon the
property within said district payable in ten equal annual
installments with interest at a rate to be hereinafter fixed
by ordinance, not exceeding 10% per annum under the mode of
payment by bonds" As defined by law and the ordinances of
the City of Tukwila, Washington.
In the case of default in the payment of any assess-
ment when the same shall become due, there shall be added interest
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at a rate to be hereafter fixed by ordinance not to exceed
10% per annum and a penalty of 5 or the maximum penalty
allowed by law, whichever shall be less, which shall also
be collected. The exact form, amount, date, interest rate,
and denomination of said warrants and bonds shall be hereafter
fixed by ordinance of the City Council. Said warrants and
bonds shall be sold in such manner as the City Council shall
hereafter determine.
4. Except as herein amended, Ordinance No. 837 and
Ordinance No. 1097 are confirmed in all respects.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a regular meeting thereof this —day of
714a.444 1980.
4f6 c L
ATTEST:
Cit Clerk
Ap roved as to Form:
City Attorney
Published Record Chronicle March 7, 1980
—5—
RELEASE AND WAIVER OF PREPAYMENT
OF ASSESSMENT IN CITY OF TUKWILA
LOCAL IMPROVEMENT DISTRICT NO. 25
AND CONSENT TO AMENDMENT OF ORDINANCES
The undersigned, being one of the owners of real
property within the boundaries of City of Tukwila Local
Improvement District No. 25 does hereby waive all rights
it may have under RCW 35.49.040 to redeem all or any
portion of its LID No. 25 assessment by paying to the
City of Tukwila all or any portion thereof without interest
within 30 days after the first publication of the ordinance
amending City of Tukwila Ordinances No. 1097 and No. 837.
The undersigned also authorizes the City of Tukwila
to proceed to issue local improvement bonds by ordinance
any time after 20 days following the date of publication of
the ordinance which shall be passed on March 3, 1980 amending
Ordinance No. 1097 and Ordinance No. 837 to conform with
the provisions of the stipulated order entered in the
lawsuit entitled In Re Matter of Assessments for Local
Improvement District No. 25 of the City of Tukwila, et al.
vs. City of Tukwila, King County Cause No. 858 689.
The undersigned also approves and consents to the
amendment of City of Tukwila Ordinance No. 837 to provide
that the Local Improvement District No. 25 bonds authorized
to be issued shall bear interest at a rate not to exceed
ten percent (10 per annum rather than the eight percent
(8%) per annum which is referred to in several portions of
Section 5 of Ordinance No. 837
DATED this I 0 day of P 1980.
CITY OF TUKWILA
BY 4
Frank Todd, Mayor
STATE OF WASHINGTON
ss.
COUNTY OF K I N G
On this 3 day of104-■ 1980, before me,
the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally
appeared Frank Todd, to me known to be the Mayor of the
City of. Tukwila, the municipal corporation that executed
the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed
of said municipal corporation, for the uses and purposes
therein mentioned, and on oath stated that he is authorized
to execute the said instrument and that the seal affixed
is the corporate seal of the municipal corporation.
WITNESS my hand and offic al seal hereto affixed
the.day and year first above wrijtten.
4
NOTARY PUBLIC in arnd' for the S 1
of Washington, residing at:4
-2-
RELEASE AND WAIVER OF PREPAYMENT
OF ASSESSMENT IN CITY OF TUKWILA
LOCAL IMPROVEMENT DISTRICT NO. 25
AND CONSENT TO AMENDMENT OF ORDINANCES
The undersigned, being one of the owners of real
property within the boundaries of City of Tukwila Local
Improvement District No. 25 and one of the parties in an
action filed in the King County Superior Court (Cause
No. 858 689) challenging the final assessment roll in
LID No. 25, does hereby waive all rights it may have under
RCW 35.49.040 to redeem all or any portion of its LID No. 25
assessment by paying to the City of Tukwila all or any a
portion thereof without interest within 30 days after the
first publication of the ordinance amending City of Tukwila
Ordinances No. 1097 and No. 837.
The undersigned also authorizes the City of Tukwila
to proceed to issue local improvement bonds by ordinance any
time after 20 days following the date of publication of the
ordinance which shall be passed on March 3, 1980 amending
Ordinance No. 1097 and Ordinance No. 837 to conform with
the provisions of the stipulated order entered in the
lawsuit entitled In Re Matter of Assessments for Local
Improvement District No. 25 of the City of Tukwila, et al.
vs. City of Tukwila, King County Cause No. 858 689.
The undersigned also approves and consents to the
amendment of City of Tukwila Ordinance No. 837 to provide
that the Local Improvement District No. 25 bonds authorized
to be issued shall bear interest at a rate not to exceed
ten percent (10 per annum rather than the eight percent
(8%) per annum which is referred to in several portions of
Section 5 of Ordinance No. 837.
DATED this 7'7/ day of r .y z 1980.
BY:
J. Dan Fiorito on behalf
of FIORITO BROS.
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this 7'7 of February, 1980, before me, the
undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally
appeared J. DAN FIORITO, to me known to be the representative
of the FIORITO BROS. Partnership, which executed the within
and foregoing instrument, and acknowledged said instrument
to be the free and voluntary act and deed of said Partnership
for the uses and purposes therein mentioned, and on oath
stated that he was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the
day and year first above written.
Notary Public in and for the State
of Washington, residing at ?ri
RELEASE AND WAIVER OF PREPAYMENT
OF ASSESSMENT IN CITY OF TUKWILA
LOCAL IMPROVEMENT DISTRICT NO. 25
AND CONSENT TO AMENDMENT OF ORDINANCES
The undersigned, being one of the owners of real
property within the boundaries of City of Tukwila Local
Improvement District No. 25, does hereby waive all rights
it may have under RCW 35.49.040 to redeem all or any portion
of its LID No. 25 assessment by paying to the City of Tukwila
all or any portion thereof without interest within 30 days
after the first publication of the ordinance amending City
of Tukwila Ordinances No. and No. 837.
The undersigned also authorizes the City of Tukwila
to proceed to issue local improvement bonds by ordinance any
time after 20 days following the date of publication of the
ordinance which shall be passed on March 3,1980, amending
Ordinance No. 1097 and Ordinance No. 837 to conform with
the provisions of the stipulated order entered in the
lawsuit entitled In re Matter of Assessments for Local
Improvement District No. 25 of the City of Tukwila, et al.
v. City of Tukwila, King County Cause No. 858689.
The undersigned also approves and consents to the
amendment of City of Tukwila Ordinance No. 837 to provide
that the local Improvement District No. 25 bonds authorized
to be issued shall bear interest at a,rate not to exceed
ten percent (10%) per annum rather than the eight percent
(8 per annum which is referred to in several portions of
Section 5 of Ordinance No. 837.
DATED this day of i .1 1980.
'77 )-4)22 7 PILX
JOHN' MELIN
i California On this th e 7th day of March 19 before me,
State of
SS. JOHN MELIN
County of San Francisco the undersigned Notary Public, personally appeared
i i s
1
known to me n)
to the within instru be m the ent perso and acknowledged whose name that h i e s subscribed
executed the same for the purposes therein contained.
1 OFFICIAL SEAL IN WITNESS WHEREOF, I hereunto set my hand and official seal.
j MARY T. LINDQUIST i
NOTARY PUBLIC CALIFORNIA
d SAN FRANCISCO COUNTY 1 r
My comm. expires DEC 28, 1981
4 n 1 WI{ Stu J r
Notary Pu blic
GENERAL ACKNOWLEDGEMENT FORM
RELEASE AND WAIVER OF PREPAYMENT IN
FULL OF ASSESSMENT IN CITY OF TUKWILA
LOCAL IMPROVEMENT DISTRICT NO. 25
AND CONSENT TO AMENDMENT OF ORDINANCES
The undersigned, being one of the owners of real property
within the boundaries of City of Tukwila Local Improvement District
No. 25 and one of the parties in an action filed in the King
County Superior Court (Cause No. 858 689) challenging the final
assessment roll in LID No. 25, does hereby waive all rights it
may have under RC1c 35.49.040 to redeem all of its LID No. 25
assessment by paying to the City of Tukwila the entire assessment
amount without interest within 30 days after the first publication
of the ordinance amending City of Tukwila Ordinances No. 1097
and No. 837. It is understood that the undersigned intends to
prepay $69,382 without interest.
The undersigned also authorizes the City of Tukwila to
proceed to issue local improvement bonds by ordinance any time
after 20 days following the date of publication of the ordinance
which shall be passed on March 3, 1980 amending Ordinance No. 1097
and Ordinance No. 837 to conform with the provisions of the
stipulated order entered in the lawsuit entitled In Re Matter of
Assessments for Local Improvement District No. 25 of the City of
Tukwila, et al. vs. City of Tukwila, King County Cause No. 858 689.
The undersigned also approves and consents to the amendment
of City of Tukv Ordinance No. 837 to provide that the Local
Improvement District No. 25 bonds authorized to be issued shall
bear interest at a rate not to exceed ten percent (10 per annum
-1-
rather than the eight percent (8 per annum which is referred
to in several portions of Section.5 of Ordinance No. 837.
Dated this is day of Mi, c 4. 1980.
KING COUNTY
By
Zhn D. Spellman
County Executive
STATE OF WASHINGTON
ss.
COUNTY OF K I N G
On this c day of /L{dG rG4. 1980, before me,
the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally ,z4. 4.4
L, a John D. Spellman, to me known to be thewCounty
6 4 4: xecutive of King County, the municipal corporation that
executed the foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and
deed of said municipal corporation, for the uses and
purposes therein mentioned, and on oath stated that he
is authorized to execute the said instrument and that
the seal affixed is the corporate seal of the municipal
corporation.
WITNESS my hand and official seal hereto affixed
the day and year first above written.
G
NOTARY PUBLIC in anfor the
State of Washington, residing at:
-2-
OFF. OF THE PROSECUTING ATTORNE110
KING COUNTY COURTHOUSE
516 THIRD AVENUE
SEATTLE, WASHINGTON 98104
NORM MALENG (206)583-2200
PROSECUTING ATTORNEY
RECEIPT
FROM: City of Tukwila
Through its attorney Lawrence E. Hard
3900 First National Bank Building
Seattle, Washington 98154
TO: King County
By signature and return of this receipt to King County, the
City of Tukwila acknowledges "receipt on 6 March 1980 of a
King County warrant, document No. 054254, in the amount of
$69,382.00 as prepayment on Local Improvement District No. 25
of the City of Tukwila and a signed waiver of further prepay-
ment by King County and at ;thorization to proceed immediately
with the sale of bonds with reference to Local Improvement
District No. 25 of the City of Tukwila.
DATE: 6 March 1980
Akhk
LAT4 RENCE E. HARD
Attorney for City of Tukwila
fr