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Ordinance 2233MAE/bjf 9/10/81 ORDINANCE NO. 2233 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING ORDINANCE NO. 2217 WHICH APPROVED AND CONFIRMED THE FINAL ASSESSMENT AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 207 WHICH HAS BEEN CREATED AND ESTABLISHED FOR THE PURPOSE OF PAYING THE COST OF IMPROVING CERTAIN PROPERTY ALL IN THE CITY OF EDMONDS, WASHINGTON BY THE INSTALLATION OF SANITARY SEWERS, WATER MAINS AND LINES AND FIRE HYDRANTS AND ALL NECESSARY APPURTENANCES INCLUDING PIPE, VALVES, FITTING, SURFACE GRATINGS,AND REPLACEMENT OF PAVEMENT WHERE NECESSARY AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH CITY STANDARDS, AND WHICH LEVIED AND ASSESSED THE AMOUNT OF SUCH COST AGAINST THE SEVERAL LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY SHOWN ON SAID ROLL, CHANGING THE AMOUNT OF INTEREST CHARGED SUCH ASSESSMENTS, DELINQUENCIES, AND CHANGING THE PENALTY. WHEREAS, the City Council approved and confirmed the final assessment and assessmenet roll for Local Improvement District No. 207, created pursuant to Resolution of Intention No. 254 and Ordinance No. 2129, on July 28, 1981, and WHEREAS, Section 3 of Ordinance No. 2217 set the interest rate on the sum left unpaid at the end of the thirty -day pre -payment period at twelve percent per annum with the proviso that such rate could be reduced in certain circumstances, and -1- WHEREAS, Section 3 of Ordinance No. 2217 set the interest rate on all delinquent installments at twelve percent per annum, and the penalty for such delinquencies at five percent of the principal due for each delinquent installment, and WHEREAS, after a substantial marketing effort, the City Council finds that it will not be able to sell such bonds at the terms provided in Section 3 of Ordinance No. 2217, and WHEREAS, the City Council finds that it is in the best interests of the City that Ordinance No. 2217 be amended to pro- vide for an adjustable interest rate to make the interest on delinquencies the same as the interest for installments, and that the percentage of the penalty assessed delinquent installments be raised, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2217, Section 3, passed by the City Council on July 28, 1981 is hereby amended to read as follows: "Section 3. The assessment roll as approved and confirmed shall be filed with the Finance Director of the City of Edmonds, Washington, for collection and said Finance Director is hereby authorized and directed to publish notice as required by law stating that the said roll is in his hands for collection and that pay- ment of any assessment thereon or any portion thereof may be paid at any time within thirty (30) days from the date of the first publication of the City Treasurer's notice that the assessment roll has been placed in his hands for collection without penalty, interest or costs, and thereafter the sum remaining unpaid, if any, may be paid in equal annual instal- lments with the interest on the whole unpaid sum of the rate of 12 percent (12%) per annum; provided, however, that if the net effective interest rate fixed on the -2- local improvement bonds hereafter issued is less than eleven and one half percent (11-1/2%) per annum or greater than twelve percent (12%) per annum, the interest rate on the unpaid assessments shall be re- vised to a rate of one half of one percent (1/2 of 1%) in excess of the net effective interest rate on such bonds. Any installment not paid prior to the annual anniversary of said thirty (30) day period shall be deemed delinquent. All delinquent installments shall be subject to a charge for interest at the same rate as that set for an installment which is not delinquent and for an additional charge of ten percent (10%) penalty levied upon the principal due upon such installment or installments. The collection of such delinquent in- stallments will be enforced in the manner provided by law." Section 2. The Finance Director is hereby instructed to publish and mail a second Notice of Collection of Assessments as provided by law, informing the property owners hereby assessed of a second thirty -day pre -payment period during which they may pay their assessment without a penalty, interest or costs. Section 3. All other sections and provisions of Ordinance No. 2217 shall remain effective and shallnot be affected by the terms of this Ordinance except as expressly set forth herein. Section 4. This Ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: �iAYOR,H.11. HARRISON ATTEST/AUTHENTICATED:nz&6�ijz 1 0,1 , h CITY CLERK, IRENE r RNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY -3- FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: POSTED: September 15, 1981 EFFECTIVE DATE: September 21, PUBLISHED: September 18 and 25, September 11, 1981 September 14, 1981 1981 1981 AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 15 day of September , 1981, affiant posted true and correct copies of the attached Ordinance No. 2233, passed by the City Council on the 14 day of September , 19 81, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 15 day of September , 1981 . SUBSCRIBED AND SWORN to before me this /,�5 day of 19 8/ ota y Public in and for the State of Washington, residing at �-