HomeMy WebLinkAbout0686ORDINANCE NO. to S b
AN ORDINANCE providing for the making, levy and collection
of re- assessments and a re- assessment roll de novo in Local
Improvement District No. 76, created under Ordinance No. 637e,
approved June 2nd, 1920, to provide a fund sufficient to pay
the cost and expense of the improvement of Lincoln Street under
said ordinance No. 637,
WHEREAS, under Ordinance No. 537 of the City of Port Angeles,
approved June 2nd, 1920, there was ordered the improvement of
Lincoln Street from the South end of the bridge between Fourth
Street and Fifth Street, and the South Margin of Front Street,
all in accordance with Resolution No. 76, and plans and specifi-
cations adopted by the then City Council of the City of Port
Angeles, and
WHEREAS, the said ordinance provided that all the assessable
property between the. termini of_said.improvement, abutting upon,
adjacent, vicinal or proximate to such portions of said street
and alleys to a distance back from the marginal lines thereof
as provided by law, should be deemed to be the property specially
benefitted by said improvement, and that the total cost and
expense of said improvement therein ordered, including all
necessary incidental expenses, should be defrayed by the coll-
ection of special assessments upon the property intliddd in said
Local Improvement District, and
WHEREAS, by Ordinance No. 676 of the City of Port Angelee,
approved March 3rd, 1921, certain proposed assessments and a
purported assessment roll were duly confirmed by the City
Commission of the City of Port Angeles, and
WHEREAS, certain property owners in said Local Improvement
District No 76 appealed from the action of said City Commission
in confirming said purported assessments and assessment roll to
the Superior Court of the State of Washington, for Clallam County,
and
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WHEREAS, after hearing and trial by said Superior Court of
said appeal, the said Superior Court did by its certain judgment
and decree dated the 18th day of April, 1921, find that in making
said purported assessments and assessment roll the City Commission
of the City of Port Angeles proceeded, levied and assessed the
property within said improvement district upon a fundamentally
wrong basis, and without reference to special benefits derived
and contrary to the statutes in such case made and provided,and
the ordinances of the City of Port Angeles, and did find that said
purported assessmments were arbitrarily and unjustly levied, and
further found that said purported assessments and assessment roll
were illegal and void, and
WHEREAS, said purported assessments and assessment roll
having failed to be found valid in whole or in part for want of
form and insufficiency, informality, irregularity and non- conformity
with the provisions of law and the ordinances covering such assess-
ments in said- City, and said- purported assessment roll having been
declared void, and its enforcement refused, set aside and annulled
by the Superior Court of the State of Washington for Clallam County,
and
WHEREAS, by the said judgment of said Superior Court, the
City Commission being instructed by said Court to re- assess
de novo all of the property within said Local Improvement District
No, 76 in the manner and mode provided by law, and in accordance
with the benefits received, for the purpose of creating a fund
sufficient to pay all the costs and expense of said improvement,
NOW, THEREFORE, Be it ordained by the City Commission of the
City of Port Angeles:
Section 1. That assessments and assessment roll de novo of
Local Improvement District No. 76 be made and collected upon all
of the property within said improvement district in the manner as
by law and the ordinances of the City of Port Angeles provided,
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Section 2. That immediately upon the taking effect of this
ordinance the officers charged with the making of said assessments
and assessment roll shall immediately proceed to cause said assess-
ments and assessment roll de novo to be made, and report the same
to this Commission as in such case made and provided by law and
the ordinances of the City of Port Angeles.
Section 3. This ordinance shall be in full force and effect
when it shall have been passed by the City Commission, approved by ,
the Mayor, attested by the City Clerk, approved by the City Attorney,
and from and after five (5) days from ite publication once in the
official newspaper of the City of Port Angeles, and the Clerk is
hereby directed to cause the same to be published.
passed First Reading by the City Commiseion,April c2 4& 1921.
Passed Second Reading by the City Commiselon,April a 1921.
Passed Third Reading and adopted by the City Commission, ,
• April a Z y`� 1921,
- Approved..and_ signed, by.._the,, Mayor ,_ April a 744 1921.
Attest:
City C erk.
Approved as to Form:
Date of Publication,