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913 Assessment Liens ORDINANCE #913 AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, REPEALING ORDINANCE #752 AND SPECIFYING PROCEDURES IN CONNECTION WITH FORECLOSURE OF ASSESSMENT LIENS IN LOCAL IMPROVEMENT DISTRICTS AND UTILITY LOCAL IMPROVEMENT DISTRICTS OF THE CITY WHEREAS, pursuant to state law the City of Yelm creates local improvement districts and utility local improvement districts from time to time for the purpose of making, ordering, owning, operating, constructing, acquiring or otherwise providing for municipal local improvements; and WHEREAS, the manner of foreclosure of municipal local improvement assess- ments is set forth in RCW CH 35.50; and WHEREAS, RCW Ch 35.50.030 provides that "If on the first day of January in any year, two installments of any local improvement assessment are delinquent for more than one year, the city or town shall proceed with the foreclosure of the delinquent assessment or delinquent installments thereof by proceedings brought in its own name in the Superior Court of the county in which the city or town is situated"; and WHEREAS, RCW Ch 35.50.030 further provides that such proceedings shall be commenced on or before March 1 of that year unless the city has fixed a different date by general ordinance; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF YELM DO ORDAIN as follows: Section 1. Lien Foreclosure Procedures. The City of Yelm shall follow the procedures set forth in RCW Ch 35.50 as the same shall be amended and/or restated from time to time by the state legislature in connection with the foreclosure of local improvement assessments; except that foreclosure proceedings shall be commenced on or before November 15, pursuant to RCW 35.50.030. Section 2. Repeal Ordinance #752 Ordinance #752 outlining procedures for foreclosure of Local Improvement Assessment liens is hereby repealed in its entirety effective upon the effective date of the repealing ordinance. Section 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. Section 4. Effective Date. This ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. Adopted by the Yelm City Council at its regular meeting on the 27th day of October, 2009. Ron Har ing .Mayor AUTHENTICATED: ~~c.., y°u Jame Schnepf, City Clerk APPROVED AS TO FORM: Brent Dille, City Attorney ORDINANCE 913 PUBLISHED: Nisqually Valley News November 6, 2009 EFFECTIVE: November 11, 2009 Section 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. Section 4. Effective Date. This ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. Adopted by the Yelm City Council at its regular meeting on the 27th day of October, 2009. Mayor Pro Tem AUTHENTICATED: Janine Schnepf, City Clerk AP OVED AS TO FOR C Brent Dille, City Attorney ORDINANCE 913 PUBLISHED: Nisqually Valley News November 6, 2009 EFFECTIVE: November 11, 2009