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Ordinance 1428ORDINANCE NO. I 4)4A AN ORDINANCE OF THE CITY OF EDMONDSZ WASHINGTON, ORDERING THE INSTALLATION OF CURBSQ GUTTERS; SIDEWALKS, ASPHALT PAVEMENT; WATERMAINS4 SANITARY SEWERSZ NECESSARY GRADING AND BASE PREPARATION, AND NECESSARY AND RELATED WORK NECESSARY TO MAKE A COMPLETE IM:PROVEMENT.* PURSUANT TO THE PROPERTY OWNERS' PETITION THEREFORE; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 176; PROVIDING THAT PAYMENT FOR SAID IMPROVEMENT BE MADE BY SPECIAL ASSESSMENT 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 AND LOCAL IMPROVEMENT DISTRICT BONDS. WHEREAS, a Petition has been filed with the City Council of the City of Edmonds, signed by the owners of property within the proposed improvement district,setting forth the nature and territorial extent of the proposed improvement, the mode of payment, petitioning for the construction and installation of curbs, gutters, sidewalks, asphalt pavement, watermains, sanitary sewers, necessary grading and base preparation, and necessary and related work necessary to make a complete improvement in the vicinity of 198th Street S.W. and 77th Avenue West, and WHEREAS, the consulting city engineers have caused an estimate to be made of the cost and expense of the proposed improvement and have certified said estimate to the City Council through the City Engineer, 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 prosed district, a statement in detail of the local improvement assessments outstanding or unpaid against the property within the proposed district and a statement of the aggregate actual evaluation of.the real estate including 25% of the actual valuation of the improve- ment in the proposed district, according to the valuation last placed upon it for the purpose of general taxation; 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 curbs, gutters, sidewalks, asphalt pavement, watermains, sanitary sewers, necessary grading and base preparation, and necessary and related work necessary to make a complete improvement according to city standards in the vicinity of 198th Street S.W. and 77th Avenue West. All the foregoing shall be in accordance with plans and specifications therefor prepared by the consulting city engin- eers. Section 2. There is hereby created and established a Local Improvement District to be called "Local Improvement District No. 176 of the City of Edmonds, Washington," which district is described as follows: -2- Beginning at the northeast corner of the plat of Sandalwood No. 2 as recorded in Volume 18 page 68, Records of Snohomish County, Washington; Thence west 12.72 feet to the point of beginning; thence west 557.40 feet; thence north 300 feet; thence east 557.40 feet; thence south 300 feet. Section 3. The estimated cost and expense of said improvement is hereby declared to be in the sum of $42,OOO.00. The cost and expense of said improvement, including the cost and expense of all engineering, legal, inspection, advertising, publication of notices, cost of acquisition, surveying not to exceed $150, and other expenses incidental thereto, shall be borne by and assessed against the property specially benefited by such improvement included in the local improve- ment district established, pursuant to said petition, embrac- ing, as near as may be, all properties specially benefited as requested by said petition by such improvement; provided further, 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, revise, raise, lower, change or modify the roll or any part thereof, or set aside the roll and order the assess- ment 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 and as requested by said petition in proportion to the area and distance back from the marginal line of the streets and avenues that prove in accordance with the zone -and -termini methods of assessment provided by law. -3- 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. 176," hereinafter created, to bear interest from the date thereof at a rate to be hereafter fixed by ordinance not to exceed eight percent per annum and to be refunded in cash, and/or by local improve- ment 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 assessments to be levied and assessed upon the property within said district, payable in 10 equal annual installments, with interests at the rate to be hereafter fixed by Ordinance, not exceeding eight percent per annum under the mode of "payment 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. 176 a special fund to be known and designated as "Local Improvement Fund District No. 176" 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 col- lected on the lots and parcels of land of said local improve- ment 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. APPROVED: MAYOR ATTEST: CITY CLERK 67 PASSED BY THE CITY COUNCIL: July 1, 1969 FILED WITH THE CITY CLERK: July 1, 1969 PUBLISHED: July 9, 1969 -5-