(An ordinance levying assessments for the West Oak Street Local Improvement District for improvements consisting of sidewalks and access to adjacent properties; and repealing Ordinance 1974)

WHEREAS, on December 17, 2007, the City Engineer presented his report on the proposed West Oak Street Local Improvement District pursuant to HRMC Section 13.16.020 and the Council approved the report pursuant to HRMC 13.16.030 and Resolution 2007-25.

WHEREAS, the actual cost of the local improvements is ascertained to be $1,801,472.00, and the amounts to be assessed to, and borne by, the specially benefitted property, and to be borne by the City or others, have been determined in accordance with applicable provisions of HRMC Chapter 13.16, as set forth in Exhibit A attached hereto and incorporated herein by reference. 
WHEREAS, the City Council has established the method of calculating local improvement assessments in HRMC Chapter 13.16;

WHEREAS, on May 11, 2009, the City Engineer presented the proposed assessment to the City Council for approval and the City Council approved the proposed assessment and directed the City Engineer to notify the benefited property owners in accordance with HRMC 13.16.090;

WHEREAS, it has been determined that the notices may not have been provided in accordance with HRMC 13.16.090;

WHEREAS, the City Council finds that it is in the best interest of the City and property owners to be assessed to repeal Ordinance 1974 and cause a second notice of the proposed assessment for the West Oak Local Improvement District to be provided in accordance with HRMC 13.36.090;

WHEREAS, the second notice of the proposed assessment for the West Oak Street Local Improvement District was provided, as required by HRMC 13.16.090, allowing the owner of each property to file a written objection to the assessment on or before September 9, 2009;

WHEREAS, on September 14, 2009, the City Council considered the written objections to the proposed assessments, and determined the amount of the final assessment to charged against each property owner in the district;


Section 1.  The City Engineer’s reports are made a part of the Council's record in these proceedings, attached as Exhibit B and incorporated by reference.

Section 2.  The actual assessable cost of the local improvements consisting of sidewalk and driveway improvements is $120,314.22 which is hereby assessed against the parcels of property described in Exhibit A, in the amounts set opposite, respectively.
Section 3.  The City Council assesses each parcel of property within the described local improvement district as set forth on the assessment roll attached as Exhibit A.
Section 4.  The City Council determines that each parcel of property described in Exhibit A is specially benefited to the extent of the assessment set forth.  The City Engineer shall give notice of the final assessments to the owners of the assessed parcels in accordance with HRMC 13.16.140.  Assessments that remain unpaid after the twenty day period are declared to be liens upon the respective lots, parts of lots or parcels of land against which said several amounts are assessed, and may be paid, with interest on the unpaid principal amount commencing twenty days after the date of the notice, unless application is made to pay in installments in accordance with HRMC 13.16.140.

Section 5.  The City Recorder is directed to enter in the docket of City Liens a statement in connection with each unpaid assessment containing the following:
5.1 A description of each parcel of property specially benefited by the local improvements;
5.2 The name of the owner or reputed owner thereof, or that the name of the owner is unknown; and
5.3 The sum assessed upon said property, the amount and date from which interest accrues, and the date of entering the same in the docket of City Liens.

Section 6.  Upon enactment of this ordinance, the City Engineer shall send notice of the final assessments by first class mail to the owners of the assessed parcels containing the information required by HRMC Section 13.16.140 according to the terms set forth in Section 4 of this ordinance.

Section 7.  Assessments paid in installments are subject to the following terms and conditions:

Length:            10 years
Payments: Annual payments, due by September 1 of each year, with the first installment due on December 1, 2009.
Interest rate: 6.75%
Penalty fee: $100 per year, plus accrued unpaid interest, if payment is not received or postmarked by December 1 of the year in which the payment is due.

Section 8.  Any assessment remaining unpaid may be foreclosed as provided by law.  The proceeds from the payment or foreclosure of assessments levied by this ordinance shall be deposited to the city funds which advanced the cost of construction, engineering and related expenses or which are used to retire any indebtedness incurred by the City for these improvements.

Section 9.  Ordinance 1974 is repealed in its entirety.

Read for the first time: _________________, 2009.

Read for the second time and passed:  ____________________, 2009, to become effective 30 days hence.

Signed      , 2009.


      Arthur Babitz, Mayor


Jennifer McKenzie, City Recorder