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Ordinance 1470ORDINANCE NO. ./'-( � () AN ORDINANCE ORDERING THE IMPROVEMENT. OF CERTAIN PROPERTY IN THE CITY OF EDMONDS BY CONSTRUCTING CONCRETE SIDEWALKS, STANDARD CURBS AND GUTTERS, BY PAVING THE STREET WITH ASPHALTIC TYPE CONCRETE, PROVIDING NECESSARY DRAINAGE AND ANY NECESSARY GRADING OR BASE PREPARATION AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS; CREATING AN ASSESSMENT DISTRICT BEING LOCAL IMPROVEMENT DISTRICT NO. 179; PROVIDING THAT PAYMENT FOR SAID IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY. OF SAID DISTRICT, PAYABLE BY THE MODE OF "PAYMENT BY BONDS", NOT TO EXCEED $4.00-PER ZONE FRONT FOOT, THE BAL- ANCE TO BE PAID FROM. MONEY AVAILABLE TO THE CITY OF EDMONDS; PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS AND LOCAL IMPROVEMENT DISTRICT BONDS; AND CREATING A SPECIAL IMPROVEMENT FUND, DISTRICT NO. 179. WHEREAS, by Resolution of Intention No. 228 adopted on the 18th day of November, 1969, the City Council of the City of Edmonds declared its intention to create a local Improvement district as hereinafter set forth and all work necessary to make a complete improvement in accord- ance with the plans and specifications prepared by the City Engineer, and WHEREAS, due notice of the hearing upon said Resolution of Intention No. 228 was given in the manner as provided by law and such hearing was held by the. City Council as afore- said, and all persons appearing at said hearing were heard, all written protests filed with the City Council on or be- fore said date were duly considered and rejected by the City Council, and WHEREAS, the City Council has now determined it to be in the best interests of the City. that said improvement as hereinafter described be carried out and that a local improvement district be created in connection therewith,. now,.therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following property within the City of Edmonds, Washington is hereby ordered to be improved by the construction of concrete sidewalks on each side of the street, standard curbs and gutters,by paving the street with asphaltic type concrete, providing necessary drainage and any necessary grading or base preparation and related work nec- essary to make a complete improvement in accordance with applicable city standards, as follows: 3owdoin Way from 600 feet west of Corners Inter- section to llth Avenue; and Walnut from llth Avenue to 9th Avenue, situate in the City of Edmonds, Washington. The foregoing shall be carried out in accordance with the maps, plans and specifications therefor prepared by Reid, Middleton & Associates, Inc., consulting engineers for this project, copies of which are on file in the office of the City Clerk, and the same are hereby adopted. Section 2. There is hereby created and established a local improvement district to be called "Local Improvement District No. 179", which is described by Exhibit "A" a copy of which is attached hereto and by this reference incorporated herein as if set forth in full. Section 3. The cost and expense of said improvement shall be assessed upon all the property in the district in accordance with the zone -and -termini method of assessment provided by law not to exceed $4.00 per zone front foot and the balance to be paid from monies available to the City of Edmonds, including that granted from the Urban Arterial Fund of the State of Washington. Section 4. The estimated cost and expense of said improvement lying within the proposed district is hereby -2- declared to be $46,700.00 of which the City of Edmonds will pay the estimated sum of $8,563.52.. The cost and expense of said improvement, including all labor and materials required to make a complete improvement, all engineering, surveying, legal, inspection, ascertaining of ownership of the lots or parcels of land included in the assessment district, advertising, mailing and publication of notices, accounting, administrative, printing, ,costs of acquisition, and other expenses in- cidental thereto, shall be borne by and assessed against the property specially benefited by such improvement including in the local improvement .district established,. embracing, as near as may be, all property specially benefited by such improvement, in the estimated sum of $38,136.48 representing $4.00 per zone front .foot, PROVIDED, further that at the. time fixed for hearing objections to the confirmation of the assessment roll, and at the time to which the hearing may be adjourned, the City. Council may correct, revise, raise, lower, change or modify the roll or any part hereof, 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 5. Local Improvement District Warrants shall be issued in payment of the portion of the cost and expense of the improvement herein ordered to.be specially assessed, such warrants to be payable out of the "Local Improvement Fund, District No.179" hereinafter created, to bear interest from the date thereof at a rate not to. exceed eight percent per annum and to be redeemed in cash and/or by local improvement district bonds herein authorized to. be issued. The costs and expenses of the improvement -3 - in the estimated sum of $38,136.48 as provided herein, shall be defrayed and the :bonds shall be redeemed by the collection of special assessment to be levied and assessed upon the property within said district, payable in ten equal annual installments, with interest at the rate to be hereafter fixed by ordinance not exceeding eight percent per annum under the mode of "payment by bonds". The bonds shall bear the rate of interest at no more than eight percent per annum, payable on or before twelve years after the date of issue. Section 6. All the work necessary to be done in connection with the making of said improvement shall be done by and made by contract upon competitive bids and the City shall have and reserves the right to reject any and all bids. Section'7. There is hereby created and established for Local Improvement District No. 179', a special fund to be known and designated as "Local Improvement Fund, District No. 179" 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 coll- ected on the lots and parcels of land in said local improve- ment district; and against which funds shall be issued cash warrants for the costs and expenses in connection with said improvement as the same may become due in the estimated sum of $38,136.48 provided herein, and against which funds shall be paid the bonds and the interest thereon. APPROVED: ATTEST: CITY CLERK PASSED BY THE CITY COUNCIL: February 17, ,1970 FILED WITH THE CITY CLERK: February 17,.1970 PUBLISHED: February 25, 1970 -4- Exhibit "A" BOUNDARY DESCRIPTION FOR L LI.D. 179; COMMENCE AT THE CENTERLINE OF 9TH AVENUE WEST AND A POINT 140 FEET NORTH OF THE CENTERLINE OF -WALNUT STREET; THENCE EAST ALONG THE NORTH LINE OF LOTS 21 THROUGH 40, BLOCK 71 AND ALSO LOTS 21 THROUGH 40, BLOCK 36, PLAT OF EDMONDS, AS RECORDED IN VOLUME 1, PAGES 26 AND 27, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; THENCE PROJECT SAID LINE EAST TO ITS INTERSECTION WITH A POINT 150 FEET, AS MEASURED AT RIGHT ANGLES, NORTHEASTERLY OF THE NORTHEAST MARGIN OF BOWDOIN WAY; THENCE EASTERLY AT A DISTANCE OF 150 FEET NORTHERLY AND PARALLEL TO THE NORTHERLY MARGIN OF BOWDOI-N. WAY TO A POINT 170 FEET EAST OF THE WEST LINE OF LOT 18, BLOCK 51 PLAT OF ALDERWOOD MANOR N0. 9, AS RECORDED IN VOLUME 100 PAGE 60 RECORDS OF SNOHOMISH. COUNTY, WASHINGTON; THENCE SOUTH PARALLEL TO A40 170 FEET EAST OF THE WEST LINE OF SAID LOT 18 TO THE NORTH MARGIN OF BOWDOIN WAY; THENCE SOUTHWESTERLY TO THE SOUTH MARGIN OF BOWDOIN WAY AT A POINT 162 FEET EAST OF THE WEST MARGIN OF LOT 1, BLOCK 4, PLAT OF ALDERWOOD MANOR N0. 9; THENCE SOUTH PARALLEL TO AND 162 FEET EAST FROM THE WEST LINE OF SAID LOT 1 TO A POINT 150 FEET, AS MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY MARGIN OF BOWDOIN WAY; THENCE SOUTHWEST A DISTANCE OF 150 FEET FROM AND PARALLEL TO THE SOUTHERLY MARGIN OF BOWDOIN WAY TO THE NORTH LINE OF THE PLAT OF KNUTSONS ADDITION AS RECORDED IN VOLUME 18, PAGE 57, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; THENCE WEST ALONG THE NORTH LINE OF SAID PLAT TO ITS WEST LINE; THENCE SOUTH ALONG THE WEST LINE OF SAID PLAT TO A POINT 150 FEET, AS MEASURED AT RIGHT ANGLES, FROM THE SOUTHEASTERLY MARGIN OF BOWD61N WAY; THENCE WESTERLY AT A DISTANCE OF 150 FEET SOUTHERLY FROM AND PARALLEL TO THE SOUTHERLY MARGIN OF BOWDOIN WAY TO THE EAST MARGIN OF THE PLAT OF R. C. HUNGER N0. 5 AS RECORDED IN VOLUME 16, PAGE 86, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; THENCE NORTH TO A POINT 90 FEET, AS MEASURED AT RIGHT ANGLES? SOUTHERLY FROM THE SOUTHWESTERLY MARGIN OF BOWDOIN WAY; THENCE NORTHWESTERLY 90 FEET FROM AND PARALLEL TO THE SOUTHWESTERLY MARGIN OF BOWDOIN WAY TO AN INTERSECTION WITH'A LINE PROJECTED EAST FROM THE SOUTH MARGIN OF LOT 20, BLOCK 35, PLAT OF EDMONDS, THENCE WEST ALONG THE SOUTH LINE OF LOTS 1 THROUGH 20, BLOCK 35, AND LOTS 1 THROUGH 20, BLOCK 72, PLAT OF EDMONDS, PROJECTED TO THE -CENTER- LINE OF 9TH AVENUE WEST; THENCE NORTH ALONG THE CENTERLINE OF 9TH AVENUE WEST 280 FEET TO THE POINT OF BEGINNING.