Ordinance 1409ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ORDERING THE INSTALLATION OF SANITARY SEWERS AND
ALL NECESSARY APPURTENANCES, INCLUDING PIPE,
VALVES, FITTINGS, SURFACE GRADING AND REPLACEMENT
OF PAVEMENT WHERE NECESSARY AND RELATED WORK NEC-
ESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORD-
ANCE WITH CITY STANDARDS, ALL WITHIN THE CITY OF
EDMONDS, WASHINGTON, PURSUANT TO THE PROPERTY
OWNERS] PETITION THEREFOR; ESTABLISHING LOCAL IM-
PROVEMENT DISTRICT NO. 173; PROVIDING THAT PAYMENT
FOR SAID IMPROVEMENT BE MADE BY SPECIAL ASSESS-
MENT ON PROPERTIES IN SAID DISTRICT PAYABLE BY
THE MODE OF "PAYMENT BY BONDS"; AND PROVIDING
FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT
DISTRICT WARRANTS REDEEMABLE IN CASH AND LOCAL
IMPROVEMENT DISTRICT BONDS.
WHEREAS, a petition has been filed with the City Council,
signed by the owners of property aggregating a majority of
(1) the lineal frontage upon the improvement, and (2) the
area within the proposed district, setting forth the nature
and territorial extent of the proposed improvement, the mode
of payment and what portion of lineal frontage upon the im-
provement and of the area within the proposed district is
owned by the petitioners as shown by the records in the Office
of the Auditor of Snohomish County, petitioning for the con-
struction and installation of sanitary sewers and all nec-
essary appurtenances, including, pipe, vales, fittings,sur-
face grading and replacement of pavement where necessary
and related work necessary to make a complete improvement
in accordance with City standards, on certain properties
within the City of Edmonds, Washington, and
WHEREAS, the consulting city engineers have caused an
estimate to be made of the cost and expense of the proposed
06
improvement and have certified said estimate to the City
Council, a description of the boundaries of the district, a
statement of what portion of the cost and expense of the
improvement should be borne by the property within the
proposed district, a statement in detail of the local im-
provement assessments outstanding or unpaid against the
property under the proposed district, and a statement of the
aggregate actual evaluation of the real estate, including
25 percent of the actual valuation of the improvement in the
proposed district, according to the valuation last placed
upon it for the purpose of general taxation; and
WHEREAS, the City Engineer has also determined that the
petition is sufficient and the facts -therein set forth are
true; and
WHEREAS, the City Council deems it in the best interest
of the City and of the owners of the property within the local
improvement district that said improvement petitioned for, as
hereinafter described, be carried out in that a local improve-
ment district be created in connection therewith, now, there-
fore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1.
It is hereby ordered that the following
improvement be carried out, to -wit:
The installation of sanitary sewers and all nec-
essary appurtenances, including pipe, valves,
fittings, surface grading and replacement of
pavement where necessary and related work nec-
essary to make a complete improvement in accord-
ance with city standards on 164th Street South-
west from 72nd Avenue West a distance of approxi-
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mately 550 feet East; and 72nd Avenue West from
164th Street Southwest a distance approximately
850 feet South.
All the foregoing shall be in accordance with the plans
and specifications thereof adopted by the consulting city
engineers.
Section 2.
There is hereby created and established
a Local Improvement District to be called "Local Improve-
ment District No. 173 of the City of Edmonds, Washington,"
which district is described on Exhibit "A" attached hereto
and incorporated herein as if set forth in full.
Section 3. The estimated cost and expense of said
improvement is hereby declared to be the sum of $26,000.
The entire cost and expense of said improvement, including
the cost and expense of all engineering, legal, inspection,
advertising, publication of notices, cost of acquisition,
and other expenses incidental thereto, shall be borne by and
assessed against the property specially benefited by such
improvement included in the local improvement district
established, embracing, as near as may be, all properties
specially benefited by such improvement, provided, that at the
time fixed for hearing objections to the confirmation of the
assessment roll, and at the times to which the hearing may be
adjourned, the City Council may correct, revose, raise, lower,
change or modify the roll or any part thereof, or set aside
the roll and order the assessment to be made de novo and at
the conclusion thereof confirm the roll by ordinance.
Section 4. The cost and expense of said improvement
shall be assessed upon all the property in the district in
accordance with -the special benefits conferred thereon in
proportion to the area and distance back from the marginal
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line of the streets and avenues that prove in accordance
with the zone -and -termini method of assessment provided by
law.
Section 5. Local Improvement District warrants shall
be issued in payment of the cost and expense of the improve-
ment herein ordered, such warrants to be payable out of the
"Local Improvement Fund District No. 173," hereinafter created,
to bear interest from the date thereof at a rate to be here-
after fixed by ordinance not be exceed six percent per annum
and to be refunded in cash, and/or by local improvement
district bonds herein authorized to be issued. The cost
and expenses of the improvement shall be defrayed and the
bonds shall be redeemed by the collection of special assess-
ments to be levied and assessed upon the property within said
district, payable in 10 equal annual installments, with
interest at the rate to be hereafter fixed by ordinance,
not exceeding six percent per annum under the mode of "pay-
ment by bonds," payable on or before 12 years after the date
of issuance.
Section 6. All the work necessary to be done in connec-
tion with the making of said improvement shall be done by and
made by contract upon competitive bids and the City shall
have and observe the right to reject any and all bids.
Section 7. There is hereby created and established for
Local Improvement District No. 173 a special fund to be
known and designated as "Local Improvement Fund, District
No. 173" into which fund shall be deposited the proceeds from
the sale of interest bearing warrants drawn against said fund
which may be issued and sold by the City, and the aggregate of
the several amounts assessed, levied and collected on the lots
and parcels of land of said local improvement district; and
against which fund shall be issued cash warrants for the costs
and expenses in connection with said improvement as the same
become due, and against which fund shall be paid the bonds
and the interest thereon.
MAYOR M
ATTEST:
'�La AV
CITY CLERK
PASSED BY THE CITY COUNCIL: January 21, 1969
FILED_MITH THE CITY CLERK: January 21, 1969
PUBLISHED: January 29, .1969.
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FXHTRTT "A"
-' Bog inning at the Northeast Corner of Tract 85 of !'eadowda I e Beach, as recorded
in Volume 5, page 38 Records of Snohomish County, Washington; thence South
to the Southeast corner of said tract; thence West to the Southwest corner of
said trace; thence North to a point on the West line of tract 69 said plat at a
distance of 120 feet North of the S.W. corner of said tract 69; thence East to
a point 120 feet West of the East line of said tract 69; thence South to the
South line of Tract 69; thence Southwest to a point on the North line of Tract
85 at a distance of 131.1 feet West of the Northeast corner of Tract 85; thence
East to Point of Beginning.