CITY OF LAKEWOOD, WASHINGTON
ORDINANCE NO. 458
AN ORDINANCE of the City of Lakewood, Washington, amending, approving and adopting the findings, conclusions and recommendation made by the appointed Hearing Officer, making and declaring certain Council Findings and Conclusions regarding the proposed deletion of territory from, and the assessment and the assessment roll of Local Improvement District No. E1108 created for the purpose of installing half-street improvements including, but not limited to, road widening, curb, gutter, sidewalk, storm drainage, street lighting, landscaping along street frontages of South Tacoma Way SW, 112th Street S, and 34 Avenue S, and related street improvements, as provided by Ordinance No. 391, confirming and assessing a part of the cost and expense of the local improvement district against the single lot, tract, parcel of land and other property as shown on the respective assessment roll, and amending Exhibit of Ordinance No. 391 to delete unbenefitted property from the local improvement district.
PASSED OCTOBER 1, 2007
This document prepared by:
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TABLE OF CONTENTS
Section 1 Presumptions................................................................................. 3
Section 2 Amendment and Approval of Hearing Officer?s Findings........................... 3
Section 3 Council Findings of Fact.................................................................. 4
Section 4 Conclusions of Law......................................................................... 5
Section 5 Confirmation of Assessments............................................................ 6
Section 6 Filing of Roll for Collection and Related Matters.................................... 6
Section 7 Amendment of Formation Ordinance to Delete Territory......................... 7
Section 8 Installment Payment of Assessments and Collection.............................. 8
Section 9 Effective Date............................................................................... 8
*The cover page, table of contents and section captions of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance.
CITY OF LAKEWOOD, WASHINGTON
ORDINANCE NO. 458
AN ORDINANCE of the City of Lakewood, Washington, amending, approving and adopting the findings, conclusions and recommendation made by the appointed Hearing Officer, making and declaring certain Council Findings and Conclusions regarding the proposed deletion of territory from, and the assessment and the assessment roll of Local Improvement District No. E1108 created for the purpose of installing half-street improvements including, but not limited to, road widening, curb, gutter, sidewalk, storm drainage, street lighting, landscaping along street frontages of South Tacoma Way SW, 112th Street S, and 34 Avenue S, and related street improvements, as provided by Ordinance No. 391, confirming and assessing a part of the cost and expense of the local improvement district against the single lot, tract, parcel of land and other property as shown on the respective assessment roll, and amending Exhibit of Ordinance No. 391 to delete unbenefited property from the local improvement district.
WHEREAS, the final assessment roll proposing the special assessment to be levied against the property located in Local Improvement District No. E1108 (the ?LID No. E1108?), or (the ?LID?) in the City of Lakewood, Washington (the "City"), created by Ordinance No. 391 (Exhibit C-9 in the record of the final assessment roll hearing) for the purpose of installing half-street improvements including, but not limited to, road widening, curb, gutter, sidewalk, storm drainage, street lighting, landscaping along street frontages of South Tacoma Way SW, 112th Street S, and 34 Avenue S, and related street improvements (the ?Improvements?), was filed with the City Clerk as provided by law, and is Exhibit C-23; and
WHEREAS, since the LID was created its territory has been the subject of the Lakewood Corporate Building Site Plan (the ?Building Site Plan?) (see Exhibit C-13) producing a new Tax Parcel 5003430050, abutting and benefited by the Improvements, and City staff recommends that all other property in the LID be deleted, as requested by the owner, because it receives no special benefit from the Improvements. (Exhibit C-27); and
WHEREAS, the City Council by Resolution No. 2007-12 (Exhibit C-11) directed that the hearing on the final assessment roll and the proposed deletion of territory should be conducted before Rodney Kerslake, acting as Hearing Officer, pursuant to Ordinance No. 414 (Exhibit C-10), establishing procedures, and that notice should be given as required by law, by both mailing and publication, of the time and place fixed for the hearing in such resolution; and
WHEREAS, notices of the time and place of hearing and for making written objections and protests to proposed assessment on the final assessment roll or deletion of territory was published at the times and in the manner provided by law fixing the time and place of commencement of the hearing thereon for September 12, 2007, at 10:00 a.m., local time, in the Hearings Room at City Hall, located at 6000 Main Street SW in Lakewood, Washington, and further notice thereof was mailed or caused to be mailed by the City Clerk to the property owner shown on the roll and other interested parties; and
WHEREAS, at the time and place fixed and designated in the notice, the hearing was convened and commenced before the Hearing Officer, the City was represented by the Assistant City Attorney, Michael McKenzie, no written protests or objections were received by the City Clerk from a property owner prior to the conclusion of the hearing session that morning, and no person appeared at the hearing who wished to be heard, personally or through counsel, for the purpose of considering the assessment roll and the special benefits to be received by the single lot, parcel and tract of land shown upon such roll, including the increase and enhancement of the fair market value of such parcel of land in the LID by reason of the Improvements; and
WHEREAS, on September 20, 2007, the Hearing Officer delivered to the City a detailed written report for the LID consisting of Findings of Fact, Conclusions, and a Recommendation to the City Council (sometimes, collectively, the "Findings?), a true and complete copy of which is attached and made a part hereof marked Exhibit A, true and complete copies of which also are on file with the City Clerk;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, DO ORDAIN, as follows:
Section 1. Presumptions. The City is entitled to the benefit of certain legal presumptions regarding the appropriateness of the assessment process and assessment in the LID.
The Washington Supreme Court has said:
A series of cases spells out the presumptions when property owners challenge the amount they have been assessed under a special assessment scheme. The presumptions relevant to this case include: (1) the burden is upon the one challenging the assessment to prove its incorrectness as it is presumed the City has acted properly and legally; (2) the assessment is presumed to be a benefit; (3) the assessment is presumed to be no greater than the benefit; (4) it is presumed that an assessment is equal or ratable to an assessment upon other property similarly situated and that the assessment is fair; and (5) evidence of appraisal values and benefits is necessary to rebut these presumptions. Appellate review of such cases does not permit an independent evaluation of the merits.
City of Seattle v. Rogers Clothing, 114 Wash. 2d 213, 229, 787 P.2d.39, 48
(Wash. 1990) (emphasis added).
It is presumed that a local improvement benefits property unless the challenging party produces competent evidence to the contrary. The burden of proof shifts to the City only after the challenging party presents expert appraisal evidence showing that the property would not be benefited by the improvement.
Id., 231, 48 (emphasis added).
Section 2. Amendment and Approval of Hearing Officer?s Findings. The City Council is informed by City staff that a Finding of Fact and a Conclusion of Law with respect to LID No. E1108 should be amended in the interest of clarity and accuracy. The City Council agrees and accordingly finds that the amendments set forth below should be, and they hereby are, made to Finding of Fact 9 and Conclusion of Law 2 in the LID No. E1108 Report.
Findings of Fact
9. Newly created Tax Parcel 5003430050
does not abut nor receive is the only parcel abutting and receiving special benefits from the street frontage improvements constructed under LID E1108. The City seeks staff recommends a reduction in the territory subject to assessments by eliminating delete from the LID the property which is not benefited.
Conclusion of Law
2. If a city employs a method of assessment pursuant to an LID other than the ?zone and termini? method provided by statute1, a finding must be made, supported by the record, that the alternative method more fairly reflects the special benefit resulting from the improvement. RCW 35.44.047; See, also Bellevue Plaza v. Bellevue, 121 Wn.2d 397, 44, 851 P.2d 662 (1993). Here, such finding, based upon substantial
and rebutted unrebutted evidence in the hearing record, has been made by the Hearing Officer. See Finding of Fact 11.
1 RCW 35.43.030 and .040
After due consideration, and being fully informed and advised, the City Council approves and adopts the Findings, Conclusions and Recommendation of the Hearing Officer dated September 20, 2007, for the LID, as amended above.
Section 3. Council Findings of Fact. The City Council specifically makes and declares the following additional FINDINGS:
3.1 Due, proper and timely notice by mailing, and by publication as appropriate, of the Hearing on the final assessment roll and proposed deletion of territory from the LID was given by the City to property owners in the LID. Exhibits C-24 and C-25.
3.2 No property owners appeared at the hearing or filed written protests or objections to the assessment or the proposed deletion of territory in the LID.
3.3 The single parcel method of assessment referred to in the Findings, Conclusions and Recommendation for LID No. E1108, more fairly, accurately and correctly reflects the special benefits to the parcel within that LID, resulting from the Improvements constructed there than the application of the statutory zone-and-termini method or any other formula or methodology available.
3.4 Project Engineer Eric Swanstrom testified at the hearing that based on the records of Ticor Title, there are no encumbrances against Tax Parcel 5003430050 and that the records of the Pierce County Assessor-Treasurer show that such property last sold for $15,301,655 in March, 2007. See also Exhibit 28.
Section 4. Conclusions of Law. Based on the FINDINGS set forth in Sections 2 and 3, and Exhibit A, the City Council states and declares the following CONCLUSIONS:
4.1 The presumptions set forth in Section 1 have not been rebutted. Standing alone, the presumptions should sustain the assessment as a matter of law.
4.2 The single parcel assessment method used in the LID more fairly, accurately and correctly reflects the special benefits to the affected parcel than the application of the statutory zone-and-termini method or any other formula or methodology available.
4.3 The assessment and Final Assessment Roll of LID No. E1108, which has been created and established for the purpose of installing half-street improvements including, but not limited to, road widening, curb, gutter, sidewalk, storm drainage, street lighting, landscaping along street frontages of South Tacoma Way SW, 112th Street S, and 34 Avenue S, and related Street Improvements, as provided by Ordinance No. 391, as the same now stand, should be approved and confirmed in all things and respects in the total amount of $880,000.
4.4 The value of Tax Parcel 5003430050 is adequate to secure the payment of the bonds to be issued for the LID and all other property originally located in the LID which is not benefited by the Improvements should be deleted from the LID.
Section 5. Confirmation of Assessment. As recommended by the Hearing Officer in his report, which is attached and made a part hereof marked Exhibit A, the parcel of land and other property shown upon the Final Assessment Roll (Exhibit 23), is hereby determined, found and declared by the City Council, sitting and acting as a Board of Equalization, to be specially benefited by the Improvements in at least the amount charged against the same. There is hereby levied, confirmed and assessed against the parcel of land and other property appearing upon the Final Assessment Roll the amount finally charged against the same thereon, being $880,000.
Section 6. Filing of Roll for Collection and Related Matters. The Final Assessment Roll as thus approved and confirmed shall be filed with the City Finance Director for collection and she is authorized to mail and publish notice as required by law stating that the roll is in her hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at any time within 30 days from the date of first publication of such notice without penalty, interest or cost. Thereafter the sum remaining unpaid on each assessment may be paid in __ equal annual installments of principal together with interest. The estimated assessment interest rate is stated to be ____% per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement bonds for the LID.
Section 7. Amendment of Formation Ordinance to Delete Territory. In order to delete territory not benefited by the Improvements from the LID, Exhibit A of Ordinance No. 391 should be and it hereby is amended to read as follows:
Parcel 7855000020: Section 06 Township 19 Range 03 Quarter 33 SPRINGBROOK ADD: SPRINGBROOK ADD SW OF SW 6-19-03E DBLR 92-02-14-0473 DESC AS L 13 THRU 20 B 15 TOG/W VAC POR OF MYRTLE & GROVE STS ABUTT TOG/W 10 FT 34TH AVE S ABUTT VAC BY ORD 201 SUBJ TO EASE APPROX 43,400 SQ FT DC7524JU9/28/92BO DC6/14/99JU
Parcel 7855000040: Section 06 Township 19 Range 03 Quarter 33 SPRINGBROOK ADD: SPRINGBROOK ADD L 1 THRU 38 B 16 TOG/W E 1/2 MYRTLE ST ABUTT & S 1/2 GROVE ST ABUTT VAC BY SUP CT 88-2-05876-3 TOG/W 10 FT 34TH AVE S ABUTT VAC BY ORD 201 APPROX 159,650 SQ FT (DCD1016JU10-24-85) (DC1102LK011290AT)DC6/14/99JU
Parcel 0319067006: Section 06 Township 19 Range 03 Quarter 33 : L 2 OF SHORT PLAT 86-01-15-0276 TOG/W THAT POR OF THE W HALF OF MYRTLE ST ABUTT PER P. CO. JUDG. 88-2-05876-3 TOG/W EASEMENTS & RESTRICTIONS OF RECORD OUT OF 3-020 & 3-019 SEG X-0652 SG ES D1100LK011290AT
Parcel 0319067007: Section 06 Township 19 Range 03 Quarter 33 : L 3 OF SHORT PLAT 86-01-15-0276 TOG/W POR OF W HALF OF MYRTLE ST ABUTT PER P.CO. 88-2-05876-3 LESS THAT POR CYD TO P CO FOR ADD'L RD R/W PER ETN Q649520 FOR 112TH ST S OUT OF 3-020 & 3-019 (DC1103LK011290AT)
[LEGAL DESCRIPTION OF TAX PARCEL 5003430050 TO BE INSERTED]
Section 8. Installment Payment of Assessments and Collection. The first annual installment of the assessment on the Final Assessment Roll shall become due and payable during the 30-day period succeeding the date one year after the date of first publication by the Finance Director 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 any assessment remains unpaid after the first 30-day period, interest upon the whole unpaid sum shall be charged at the rate as estimated above and to be finally determined in the bond ordinance, and each year thereafter one of the installments of principal together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the annual 30-day period during which such installment is due and payable shall thereupon become delinquent. Each delinquent installment shall be subject, at the time of delinquency, to a charge of 12% penalty levied on both principal and interest then due upon that installment, and all delinquent installments also shall be charged interest at the rate as determined above. The collection of such delinquent installments shall be enforced in the manner provided by law.
Section 9. Effective Date. This ordinance, being an exercise of power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication thereof.
PASSED by the City Council of the City of Lakewood, Washington, at a regular open public meeting thereof this 1st day of October, 2007.
Claudia B. Thomas, Mayor
Alice M. Bush, MMC, City Clerk
Heidi Ann Wachter, City Attorney
I, the undersigned, City Clerk of the City of Lakewood, Washington (the ?City?) hereby certify as follows:
1. The attached copy of Ordinance No. 458 (the ?Ordinance?) is a full, true and correct copy of the Ordinance duly adopted at a regular meeting of the Board held at the regular meeting place thereof on October 1, 2007 as the Ordinance appears on the minute book of the City.
2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of October, 2007.
CITY OF LAKEWOOD, WASHINGTON
Alice M. Bush, MMC, City Clerk
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