Ordinance 1563ORDINANCE
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;
CREATI14G AN ASSESSMENT.DISTRICT BEING LOCAL IMPROVE-
PIENT DISTRICT NO. 187 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. 187.
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 -!he district, a
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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
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for transformer vaults, or in the alternative surface
mounted transformers depending upon economic exigencies
and design necessities, the installation of necessary pedes-
tals and lighting ornamental poles or standards, and all
related work necessary to make a complete improvement, in
accordance with applicable City and electrical and communi-
cation facilities standards, as follows:
Ninth Avenue North from 120 feet north of Carol Way
approximately 110 feet north of Daley 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. 187", 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 nature of the improvement is such
that the special benefits conferred on the property are
not fairly reflected by the use of the zone termini and zone
method and the assessments against the abutting properties
shall be based on the lineal foot frontage of the property
upon the improvement.
Section 4. The cost and expense of said improve-
ment shall be assessed equally upon all the property in the
district on a lineal frontage method of assessment 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 indiv=dual property owners
M930
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 5. The estimated cost and expense of said
improvement lying within the proposed district is hereby
declared to be $ 20,519.00 plus 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 $ 14,420.00 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 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 $ 6,099.00
representing $ 3.80 per lineal foot 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
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the assessment to be made de novo and at the conclusion
thereof confirm the roll by ordinance.
Section 6. 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
assessed, such warrants to be payable out of the "Local
Improvement Fund, District No. 187" 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 $ 6,099.00
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 install-
ments, 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 7. 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 8. There is hereby created and established
for Local Improvement District No. 187, a special fund to
be known and designated as "Local Improvement Fund, District
No. 187," into which fund shall be deposited the proceeds
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from the sale of interest- bearing warrants drawn egainst
said Band which may be issued and sold by the Caty, and the
aggregate of the several amounts assessed, levied and
collected on the sots and parcels of land in said local
imp:"oa.-emnonv distract; and agzinst vhi.ch Bands shall be
issued cash warrants for tlzu costs and expon es in connection
with said improverno-nt as the same may become due in the
estimated sum of $ 6,099.00 provided herein, and against
which funds shall be paid the bonds and the interest thereon.
�• �ao i2E��'.1:G�vOi�s
ATTEST:
CITY CLERK
PASSED AX
HE CI`L`6
COUNCIL:
Jane 1, 1971
FILED WITH
THE Clal'
CLERI. :
June 1, 1971
PUBLISHED:
June 9,
1971
Exhibit "A"
Boundary Description
Beginning at the Northwest corner of the SW 1/4 of Section 24,
Township 27,R 3 E W.M.; thence East 231.8 feet; thence North
165 feet; thence West 116.6 feet; thence North 120 feet; thence
East 116.6 feet; thence North 75 feet; thence East 33 feet;
thence N 09058100" W 167.9 feet; thence West 118 feet; thence
North 165 feet; thence West 84 feet; thence North 68 feet;
thence West 220 feet; thence South 92.9 feet; thence West 203
feet; thence South 165 feet; thence East 213 feet; thence South
165 feet; thence West 30 feet; thence South 330 feet; thence East
214.7 feet more or less to the Point of Beginning.