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Ordinance 1560ORDINANCE NO.�a AN ORDINANCE ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY IN THE CITY OF EDMONDS BY THE CONVERSION OF OVERHEAD ELECTRIC AND COMMUNICATION FACILITIES TO UNDERGROUND FACILITIES AND ALL RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS; CREATING AN ASSESSMENT DISTRICT BEING LOCAL IMPROVE- MENT DISTRICT NO. 186 PROVIDING THAT PAYMENT OF SAID IMPROVEMENT BE MADE BY SPECIAL ASSESS- MENTS UPON THE PROPERTY OF SAID DISTRICT, PAYABLE BY THE MODE OF "PAYMENT OF BONDS", NOT TO EXCEED ONE-THIRD OF THE COST PER LOT, THE BALANCE TO BE PAID FROM MONEY AVAILABLE TO THE CITY OF EDMONDS AND THE PARTICIPATING UTILITIES; PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICTS WARRANTS AND LOCAL IMPROVEMENT DISTRICT BONDS; AND CREATING A SPECIAL IMPROVEMENT FUND, DISTRICT NO. 186 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 that a sufficient portion of lineal frontage upon the improvement 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 construction and installation of underground electric and communication facilities and related work necessary to make a complete improvement in accordance with city standards, there having been no request for withdrawal of signatures prior to the terminal date of the petition, and the same having been certified by the City Clerk of the City of Edmonds, and WHEREAS, the city engineers have caused an estimate to be made of the cost and expense of the proposed improve- ment and have certified said estimate to the City Council, a description of the boundaries of the district, a -247- 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 improvement assessments outstanding or unpaid against the property under the proposed district, and a statement of the aggregate actual evaluation of the real property, 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 Clerk has determined that the petition is sufficient under the direction of the City Engineer 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 and that a local improvement district be created in con- nection 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 conversion of overhead electric and communication facilities to underground facilities, including electrical energy transmission, telephone lines, cable television coaxial and related lines, street lighting systems, and the necessary street and right-of-way invasion, trenching, back -filling, relocation and removal of said overhead facilities, restoration of distrubed facilities including those on public and private property, necessary manholes -2- for transformer vaults, or in the alternative surface mounted transformers depending upon economic exigencies and design necessities, the installation of necessary pedestals and lighting ornamental poles or standards, and all related work necessary to make a complete improvement, in accordance with applicable City and electrical and communication facilities standards, as follows: Sunset Avenue from Edmonds Street to Caspers Street. The foregoing shall be carried out in accordance with the maps, plans and specifications therefor prepared by the respective electric utility and communication facilities distributors, districts and companies as submitted to the City Engineer and under his approval and authorization 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. 186", the boundaries of which are 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 improve- ment shall be assessed equally upon all the property in the district on a per lot method of assessment as provided by law not to exceed one-third of the total cost per lot plus service line removal and disconnection from existing overhead facilities which shall be provided by the individual property owners and the balance to be paid from monies available to the City of Edmonds, and participation by the participating electrical and communications distributors, utility districts and companies and by the contractual arrangements for services and supplies with said organizations. Section 4. The estimated cost and expense of said WE improvement lying within the proposed district is hereby declared to be $24,419.:60plus service line removal and disconnection from existing overhead facilities of which the City of Edmonds in conjunction with the electrical utilities and communications distributors will pay and provide services in the estimated sum of $1'6,61.9.15. 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 publica- tion of notices, accounting, administrative, printing, costs of acquisition, and other expenses incidental 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 $7,800.45representing .$339.15 per lot not including service line removal and disconnection from existing overhead facilities which shall be provided by the individual property owners, 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 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 5. Local Improvement District Warrants shall be issued in payment of the portion of the cost and expense of the improvements herein ordered to be specially -4- assessed, such warrants to be payable out of the "Local Improvement Fund, District No. 186" hereinafter created, to bear interest from the date thereof at a rate not to exceed eight per cent 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 in the estimated sum of $7,800.4.5 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 per cent per annum under the mode of "payment by bonds." The bonds shall bear the rate of interest at no more than eight per cent 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 except service line removal and disconnection from existing over- head facilities shall be done by the respective electric utility and communication distributors pursuant to contract with the City of Edmonds pursuant to the Revised Code of Washington, Section 35.96.040. Section 7. There is hereby created and established for Local Improvement District No. 186, a special fund to be known and designated as "Local Improvement Fund, District No. 186," 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 in said 267C local improvement 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 $71,800.45 provided herein, and against which funds shall be paid the bonds and the interest thereon. APPROVED: ATTEST: YJ CITY CLERK PASSED BY THE CITY COUNCIL: June 1, 1971 FILED WITH THE CITY CLERK: June 1, 1971 PUBLISHED: June 9, 1971 L . r Ell IIIJBIT' "A" BOLINlj, R'I DE TTO?d LOCF+L..It;PI:(ri'E',;I:tiT DIST;;ICT rlb. ,15�� UiIDr RGROUND I. IRI`G SUNSET AVENUE F.LO:i ED',;ONDS STREET TO GASPERS STREET Beginning at the i.nterst ction of the centerline of .Edmonds Street and Si<;zs tl:venue ( also known as Front Strcct) ; thence Northeasterly along `ho centerline of Sunset Avenue to the South boundary of Caspers Street . extended; thence F.astez�Jy aloe; said South boundary of Caspers Street ex tendad to the Easterly margin of Sunset Avenue; thence continue along the said South margin of Caspers Street 144.93 feet; thence South 85 feet; thence I -lest to the intersection with a line parallel. to the Easterly rargir+ of Sunset Avenue at a distance of 1.15.40 feet East of said Easterly margin; thence Southwesterly parallel to Sunset Avenue '101.45 feet; thence-:,_,,_ South 59030' East 4.60 feet to a line parallel to Sunset Avenue at a :distance of 120 feet; thence Southwest along said parallel lire �o the centerline of Ecirnonds Street; thence Northwesterly along the centerline of Edmond:; . Street .to the point of beginnin . - 4 a