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Ordinance 1792ORDINANCE NO. I Z{ 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; CREAT- ING AN ASSESSMENT DISTRICT BEING LOCAL IMPROVEMENT DISTRICT NO. 196; PROVIDING THAT PAYMENT OF SAID IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY OF SAID DISTRICT PAYABLE BY THE MODE OF"PAYMENT OF BONDS"; PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICTS WARRANTS AND LOCAL IMPROVEMENT DISTRICT BONDS; AND CREAT- ING A SPECIAL IMPROVEMENT FUND, DISTRICT NO. 196. WHEREAS, by Resolution of Intention No. 243 adopted on the 19th day of August, 1975, 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 accordance with the plans and specifications prepared by the City Engineer, and WHEREAS, due notice of the hearing upon said Resolution of Intention No. 243 was given in the manner as provided by law and such hearing was held by the City Council as aforesaid, and all persons appearing at said hearing were heard, all written protests filed with the City Council on or before said date were duly considered by the City Council, and the matter continued to the next regular meeting of 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 herein- after 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 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 and restoration, necessary manholes for transformer vaults, or in the alternative surface mounted transformers depending upon economic exigencies, 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 standards, as follows: 175th Street S.W. and 72nd Avenue West adjacent to Lots 1, 2 and 5 through 12 of the Plat of Glen Ellen View Tracts, all situate in the City of Edmonds, Washington. 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. 196," the boundaries of which are described in 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 a per lot method of assessment and participation by the participating electrical and communications distributors, utility districts and companies by contractual arrangements for services and supplies with said organizations or applic- able ordinances of said City. Section 4. The estimated cost and expense of said improve- ment lying within the proposed district is hereby declared to be $5,500.00. 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 assess- ment 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 included in the local improvement district established, embracing, as near as may be, all property specially benefited by such improvement, in the estimated sum of $5,500.00 rep- resenting $550.00 per lot, PROVIDED further that at the time fixed for hearing objections to the confirmation of the assess- ment 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 assessed, such warrants to be payable out of the "Local Improvement Fund, District No. 196 " 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 in the estimated sum of $5,500.00 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 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 issuance. Section 6. All the work necessary to be done in connec- tion with the making of said improvement 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. 196, a special fund to be known and designated as "Local Improvement Fund, District No. 196," 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 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 $5,500.00 provided herein, and against which funds shall be paid the bonds and the interest thereon. APPROVED: MAYOR, H. H. HARRISON ATTEST: CITY CLERK, IREN VARD7EY MORAN FILED WITH THE CITY CLERK: October 7, 1975 PASSED BY THE CITY COUNCIL: October 7, 1975 PUBLISHED: October 15, 1975 LEGAL DFSCRI:PTION OF PROPOSED L.I.D. FOR UNDERGROUND WIRING VICINITY OF GLEN ELLEN VIEW TRACTS That portion of the ,Plat of "Glen Ellen View Tracts" according to Plat thereof recorded in Volume 23 of Plats, on Pages 6 and 7, records of Snohomish County, Washington, more particularly described as follows: Beginning at the Northwest. - corner of Lot 2; thence S 87052'04" E 35.61 feet to the True Point of Beginning; thence N 0021'49" W 3.02 feet; thence S 87052'04" E 270.45 feet to a point on the Fasterly right-of- way line of 72d Avenue West; thence S 0021149" W 609.28 feet along the Easterly right-of-way line of 72d Avenue West; thence N 87011'35" W 115 feet to the Southwest corner of Lot 12; thence N 0012149" W 170.17 feet; thence N 87011135" W 161.40 feet; thence S 0054145" W 20.00 feet; thence N 87011'35" W 181.07 feet; thence N 0054145" E 152.39 feet to a point on the Southerly right-of-way line of 175th Street S.W.; thence N 89031'17" W 60.97 feet along said right-of-way line; thence N 0028143" E 60.00 feet to a point on the Northerly right-of-way line of 175th Street S.W.; thence N 0054145" 100.00 feet; thence S 870 52'04" E 246.36 feet to the intersection with the Northerly right-of-way line of 175th Street S.W.; thence Northeasterly along the said right-of-way line 10 feet to an intersection point which is S 5029113" E of the True Point of Beginning; thence N 5029113" W to the True Point of Beginning. Engr. Dept. 8/19/75 EXHIBIT "A"