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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 s • Y 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, • 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,