674 LID 1 AssessementCITY OF YELM
ORDINANCE NO. 674
AN ORDINANCE of the City of Yelm, Washington, approving and
confirming the final assessment roll for Local Improvement District
No. 1, which has been created and established for the purpose of paying
part of the cost of improvements to wastewater treatment and water reuse
facilities; 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. 1 ( "LID No. 1 "), in the City of Yelm, Washington (the
"City "), created by Ordinance No. 607 and subsequent Ordinance No. 654, was filed with the
City Clerk 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 as September 29, 1999, at the hour of 7:30 P.M. in the City
Council Chambers in the Yelm City Hall, 105 Yelm Avenue West, Yelm, 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 YELM,
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 fords and determines that the final assessment roll for LID
No. 1 is just and equitable and that no assessment against property within LID No. 1 is greater
than the special benefits to be derived from the improvements. Accordingly, the final
assessment roll, in the total amount of $1,994,530.55 is hereby approved and confirmed, and the
Ordinance No. 674 LID #I Assessment
Page 1
assessments set forth therein are hereby levied against each lot, tract and parcel of property
described in the roll.
Section 2. The City Clerk- Treasurer shall be responsible for collecting 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 No. 1, the City Clerk -
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 No. 1 not paid within the 30 day period from the date of the fast publication of the
Treasurer's notice shall be payable in fifteen equal annual installments, together with interest on
the diminishing principal balance thereof at a rate of % of 1% per annum higher than the net
interest cost for the bonds sold to provide permanent financing for the improvements within LID
No. 1. Interest shall commence on the 30th day following first publication of such notice. The
first installment shall become due and payable October 15, 2000. 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.
Ordinance No. 674 LID #1 Assessment
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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 days after its passage and
publication as provided by law.
PASSED by the Council of the City of Yelm, Washington at its regular meeting on the
29th day of September 1999.
CITY OF YELM, WASHINGTON
By !/(/
Mayor
ATTEST:
Ci Clerk
APPROVED AS TO FORM:
Bond Counsel, Preston Gates & Ellis
Ordinance No. 674 LID #1 Assessment
Page 3
CERTIFICATE
I, the undersigned, Clerk of the City of Yelm, 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 29th day of September 1999, 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 29th day of
September 1999.
City Clerk