HomeMy WebLinkAboutres1983-0211
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Date: May 5, 1983 Introduced by: Hansey
Prepared by: DID No. 31
RESOLUTION NO. 83 -21
AN RESOLUTION of the County Council of Whatcom
County confirming the schedule of apportion-
ment for Drainage Improvement District No.
31, levying assessments against the several
lots and parcels of land as shown on the
schedule of apportionment, providing for this
payment of assessments in installments,
fixing interest and penalties, and providing
for the payment of such assessments, interest
and penalties into the Bond Fund of Drainage
Improvement District No. 31.
WHEREAS, in accordance with the provisions of RCW 85.08.360,
the Board of Appraisers for Drainage Improvement District No. 31
( "DID No. 31 ") prepared a schedule of apportionment ( "Schedule of
Apportionment ") showing in detail the total cost and. expenses of
the improvements therein and apportioning such costs against the
property within DID No. 31 in proportion to the benefit accruing
thereto; and and
WHEREAS, the Schedule of Apportionment as prepared by the
Board of Appraisers was filed with the Clerk of the Council and a
date for a hearing on the Schedule of Apportionment was fixed;
and
WHEREAS, notice of such hearing was published at the times
and in the manner required by law; and
WHEREAS, at said hearing the County Council considered all
objections to the assessment roll and all evidence presented;
NOW, THEREFORE, BE IT RESOLVED by the County Council of
Whatcom County, Washington, as follows:
Section 1. The Schedule of Apportionment of the total
cost and expenses of the improvements in Drainage Improvement
District No. 31 is hereby approved and the aggregate amount of
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such cost and expenses is hereby confirmed as $112,922.22, all of
which shall be paid by the levy of assessments on benefited
property. Each lot and parcel of land appearing on the final
Schedule of Apportionment for Drainage Improvement District No.
31 as approved by this resolution is hereby found to be specially
benefited by the improvements constructed in Drainage Improvement
District No. 31 in at least the amount of the assessment charged
against such property. The assessments against each lot or
parcel are further found to be proper in proportion to the total
assessments appearing upon the Schedule of Apportionment.
Section 2. Except to the extent reflected in the final
Schedule of Apportionment confirmed by this resolution, all
protests against the Schedule of Apportionment in Drainage
Improvement District No. 31 are overruled and disallowed. The
final Schedule of Apportionment for Drainage Improvement District
No. 31 is hereby approved and the certificate attached thereto
evidencing such approval shall be executed by the Clerk of the
Council. The total amount of the final Schedule of Apportionment
for Drainage Improvement District No. 31 as hereby confirmed is
$112,922.22. There is hereby levied and assessed against each such
lot and parcel of land the amount appearing on the final Schedule
of Apportionment.
Section 3. All assessments which are $25.00 or less
shall be due and payable on or before thirty (30) days from the
date of first publication of time for prepayment of assessments
by the County Treasurer, and the balance of assessments, each in
excess of $25.00 may be paid in whole or in part within thirty
(30) days from the date of the first publication of notice of
time for prepayment of assessments by the County Treasurer,
without penalty, interest or costs. Any property owner whose
assessment in excess of $25.00 has not been paid in full within
thirty days of such publication shall be conclusively presumed to
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have chosen to pay such assessment in installments. Assessments
paid in installments shall be payable and collected in the same
manner as general taxes for a term of 15 years. Installments
shall become due and shall be collected as provided by law.
Annual installments may be prepaid in the manner provided by law.
Section 4. Assessments paid in installments shall bear
interest on the whole unpaid sum from the date of expiration of
the thirty -day period. The rate of interest such installments
shall bear shall be fixed by the County Council at the time of
sale of the Drainage Improvement District No. 31 Bonds.
Section 5. Immediately upon the passage of this resolu-
tion the County Treasurer shall further mail a postcard or letter
to auch property owner assessed at his post office address if
known, or, if unknown, to the County post office, in substan-
tially the following form:
NOTICE OF ASSESSMENT
DRAINAGE IMPROVEMENT DISTRICT NO. 31
WHATCOM COUNTY, WASHINGTON
Notice is hereby given that the Schedule of
Apportionment for the improvement of property
located within Drainage Improvement District No.
31, for the construction and installation of
improvements to the Johnson Creek Watershed area
has been confirmed. The property and the assess-
ment with reference to which this notice is given
is as follows:
Property Owner
Assessment Number Lot or Parcel Assessment
The above assessment may be paid by ,
19 , without penalty, interest or costs. If the
assessment is not paid in full by ,
19 , the assessment will be payable in inst
st a 1-
mes over a term of 15 years, to be collected and
payable as general taxes on the above property.
Interest on the unpaid installment due will be
payable at the same time and in the same manner as
installments of the assessments. The rate of
interest on assessments which are paid in install-
ments will be fixed at the time of sale of the
Drainage Improvement District No. 31 Bonds._ If
any installment is not paid within twenty days
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from the date it is due, the same shall become
delinquent and the rate of interest shall be ten
percent (10 %) per annum. In the event assessments
are paid in full after , 19 ,
such payment in full shall include the full
principal amount of the unpaid assessment plus
penalties and all interest payable on the same,
plus additional interest thereon, to the next Bond
coupon date which is more than thirty (30) days
from'the date of such payment.
County Treasurer
Whatcom County, Washington
An affidavit of mailing the foregoing notice shall be filed
in the office of the County Treasurer in the file of DID No. 31.
Section 6. Assessment payments received not more than
thirty days after the publication of notice of time for prepay-
ments shall be utilized to pay the costs and expenses of the
improvements in Drainage Improvement District No. 31. Assessment
payments and all interest and penalties thereon, received more
than 30 days after the publication of notice of time for prepay-
ments shall be deposited in a fund to be known as the "Drainage
Improvement District No. 31 Bond Fund ", hereby created.
Section 7. The confirmation of the final Schedule of
Apportionment for Drainage Improvement District No. 31 as pro-
vided in this resolution is a final determination of the regular-
ity, validity and correctness of the Schedule of Apportionment
and of each assessment contained therein, and of the amount
levied on each lot, tract or parcel of real property, subject to
appeal as provided in RCW 85.08.440. .
Section 8. If any provision of this resolution or any
assessment shall be held to be invalid or unenforceable for any
reason, the invalidity or unenforceability of such provision or
assessment.shall not affect any remaining portion of this resolu-
tion or other assessments. The partial invalidity of any assess-
ment shall not prevent such assessment from being valid and
enforceable to the extent permitted by law.
ME
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Section 9. This resolution shall become effective upon
its passage and publication as required by law.
Introduced this 5th day of May , 1983.
ADOPTED this 5th day of May , 1983.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ATTEST:
Clerk of the Council
William P. Roehl, Vice - Chairman
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