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Ordinance 2397MAE:jt 9/13/83 ORDINANCE NO. 2397 AN ORDINANCE APPROVING AND CONFIRMING THE FINAL ASSESSMENT AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 209, 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 CONSTRUCTION OF A WATERLINE AND A FIRE HYDRANT, PAVING THE STREET WITH AN ASPHALT OVERLAY, INSTALLING NECESSARY DRAINAGE AND PERFORMING ANY NECESSARY GRADING OR BASE PREPARATION AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH CITY STANDARDS, PURSUANT TO RESOLUTION OF INTENTION NO. 258 AND RESOLUTION OF INTENTION NO. 534, AND AS PROVIDED BY ORDINANCE NO. 2200, ORDINANCE NO. 2298 AND ORDINANCE NO. 2327, LEVYING AND ASSESSING THE AMOUNT THEREOF AGAINST THE SEVERAL LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY SHOWN ON SAID ROLL. WHEREAS, the assessment roll levying the special assessment against the properties located in Local Improve- ment District No. 209, in the City of Edmonds, Washington, created under Ordinance Nos. 2200, 2298 and 2327, were filed with the City Clerk of the City of Edmonds as provided by law, and WHEREAS, notice of the time and place of hearing thereof and of making objections and protests to said roll was duly published at and for the time and manner provided by law, fixing the time and place of hearing thereon for the 19th day of September, 1982, at the hour of 7:30 p.m. in the Plaza Meeting Room of the Edmonds Library of Edmonds, Washington, and further notice thereof was duly mailed by the City Clerk to each property owner on said roll, and WHEREAS, at the time and place fixed and designated in said notice, the hearing on said assessment roll was duly held and all written and oral protests received were duly considered and all persons appearing at said hearing were heard, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The assessments and assessment roll of Local Improvement District No. 209, which has been created and established for the purpose of paying the cost of improving certain property in the City of Edmonds by construction of a waterline and a fire hydrant, paving the street with an asphalt overlay, installing necessary drainage and performing any necessary grading or base preparation and related work necessary to make a complete improvement in accordance with City standards, all pursuant to Resolutions of Intention Nos. 258 and 534, and as provided by Ordinance Nos. 2200, 2298 and 2327, levying and assessing the amount thereof against the several lots, tracts, parcels of land and other property shown on said roll, pursuant to Ordinance Nos. 2200, 2298 and 2327, as the same now stand, are hereby in all things and respects approved and confirmed. Section 2. Each of the lots, tracts, parcels of land, and other property shown on said roll is hereby deter- mined and declared to be specially benefited by said improve- ment in at least the amount charged against the same and the assessment appearing on the same is in proportion to the several assessments appearing on the said roll. There is hereby levied and assessed against each lot, tract, parcel of land and other property appearing upon said roll the amount finally charged against the same thereon. 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 payment 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 ten (10) equal annual installments of principal and interest with the interest on the whole unpaid sum at the rate to be established by ordinance which shall not be greater than one half of one percent in excess of the net effective interest rate fixed on the local improvement bonds hereafter issued for Local Improvement District 209. 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 above established rate per annum and for an additional charge of 10% penalty levied upon the principal due upon such installment or installments. The collection of - 3 - z such delinquent installments will be enforced in the manner provided by law. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 5. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: MAY09,-HARRISON ATTEST/AUTHENTICATED: sLnal� V _ 1 CITY CLERK, IRF<JE VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: B FILED WITH THE CITY CLERK: September 14, 1983 PASSED BY THE CITY COUNCIL: September 19, 1983 POSTED: September 20, 1983 EFFECTIVE DATE: September 25, 1983 PUBLISHED: September 24, 1983 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 20 day of September , 1983, affiant posted true and correct copies of the attached Ordinance No. , passed by the City Council on the 19 day of September , 1983, 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 650 Main Street Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 20 day of September , 1983. V SUBSCRIBED AND SWORN to before me this 20 day of Q:Po-t/a'r-2y4PublAcin and for the State of Washin ton, residing at„Q/�-,moo—,�