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HomeMy WebLinkAboutOrd 0765 - LID #17 (Local Improvement District) - Assessment Roll Levy 4 tt CITY OF TUK WASHINGTON ORDINANCE NO. 765 765" AN ORDINANCE AMENDING ORDINANCE NO. 669, REDUCING THE ASSESSMENTS MW ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 17 AS ORDERED BY JUDGMENT OF THE KING COUNTY SUPERIOR COURT IN CAUSE NO. 737913. WHEREAS, property owners of L.I.D. 17 have appealed from the overruling by the City Council of their objections to the final assessment roll as confirmed by Ordinance No. 669, and said appeal has resulted in a judgment in the King County Superior Court, Cause No. 737913, based on the finding of the court that a contract dated May 27, 1970, entered into on behalf of the City of Tukwila by its mayor at the time, MOMMMMUMMEMO, for engineering services with the firm of Hill, Ingman, Chase Co., was ultravires and void and that the costs of certain engineering services were not properly charge- able against the property owners of L.I.D. 17, but must be paid by the City of Tukwila, said judgment reading in part as follows: "IT IS HEREBY ORDERED, ADJUDGED AND DECREED that except as provided herein the final assessment of LID #17 of the City of Tukwila be and it is in all respects regular and confirmed, and "IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the total assessment and assessment roll of LID #17 of the City of Tukwila be and it is hereby lowered by the sum of $11,736.26, the same being the differ- ence between the engineering fees charged and pur- portedly assessed in the aforesaid final assessment roll and the amount thereof which was heretofore found to be reasonable and properly assessable in the said roll, and "IT IS FURTHER ORDERED, ADJUDGED AND DECREED that after reduction of the aforesaid total assessment as hereinabove set forth, the interest thereon at the rate applicable to presently outstanding interest bearing warrants of the City of Tukwila issued to finance the aforesaid improvement will be recomputed so as to reflect the changes here inabove ordered, and the new total thereupon con- firmed by ordinance, and "IT IS FURTHER ORDERED, ADJUDGED AND DECREED that except as otherwise provided hereinabove, no other, further or additional charges shall be included in the total assessment for legal, engineering, -1- and or other services or charges received in con- nection with LID #17 of the City of Tukwila. The City of Tukwila be and it is hereby directed to make the reassessments herein ordered in the manner and form required by law." WHEREAS, The final assessment for LID #17, as fixed by Ordinance No. 669, was the sum of $92,300.00, which said sum included interest to May 3, 1971, in the amount of $6,179.45, and a principal amount of $87,020.55, which said principal sum should be reduced as orded by judgment of the Superior Court to $75,282.29, to which should be added interest at the rate of 4% per annum for a period of 1.775 years to May 3,1971, in the amount of $5,345.04, resulting in a total of $80,627.33, which said sum shall bear interest at the rate of 4% per annum from May 3, 1971, to March 15, 1973, in the amount of $5,981.90 re- sulting in a total of $86,609.23, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, do ordain as follows: Section 1. The assessments and assessment roll of Local Improvement District No. 17, which has been created and established for the purpose of installing sanitary sewer laterals and trunks, all in accordance with City standards, along SR -181 (also known as the West Valley Highway) from approximately Strander Boulevard projected easterly to approximately Minkler Boulevard projected easterly, as provided by Ordinance No. 632, as amended by Ordinance No. 645, as the same now stand, be and the same are hereby in all things and respects approved and confirmed in the total amount of $86,609.23. Section 2. Each of the lots, tracts, parcels of land and other property shown upon the roll is hereby determined and declared to be specially benefitted by said 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 said roll. There is hereby levied and assessed against each lot, tract, parcel of land and other property appearing upon said roll the amount finally charged against the same thereon. Section 3. The assessment roll as approved and confirmed shall be filed with the Treasurer of the City of Tukwila for collection and said City Treasurer is hereby authorized and directed to publish notice as required by law stating that said roll is in her hands for collection and payment of any assessment thereon or any portion of said assessment can be made at any time within thirty days from the date of the first publication of said notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in ten equal annual installments with interest thereon hereby fixed at the rate of 8% 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 first publication by the City Treasurer 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 the assessments remains unpaid after the first thirty -day period, interest upon the whole unpaid sum shall be charged at the rate of 8% 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 delin- quent. All delinquent installments shall be subject to a charge for interest at 8% per annum and for an additional charge of 5% penalty levied upon both principal and interest due upon such installment or installments. The collection of such delinquent installments will be enforced in the manner provided by law. PASSED By the City Council and approved by the Mayor of the City of Tukwila, Washington, at a regular meeting thereof held on the day of aPCh 1973. Approved as to Form: —16 City Attorney Published: e/n6 //m Attest: Mayor/ Pia iTem /vi' 14 a Ca jCy Clerk