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Ordinance 1989ORDINANCE NO. 1989 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY IN THE CITY OF EDMONDS BY INSTALLATION OF EIGHT (8) INCH SANITARY SEWERS AND ALL NECESSARY APPURTENANCES, INCLUDING PIPES, VALVES, FITTINGS, MANHOLES, SURFACE GRADING, AND REPLACEMENT OF PAVEMENT WHERE NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH CITY STANDARDS; CREATING AN ASSESSMENT DISTRICT BEING LOCAL IMPROVEMENT DISTRICT NO. 204; PRO- VIDING THE METHOD OF ASSESSMENT OF SAID DISTRICT; PROVIDING THAT PAYMENT OF SAID IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY IN SAID DISTRICT, PAYABLE BY THE MODE OF "PAYMENT BY BONDS"; PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS AND LOCAL IMPROVEMENT DISTRICT BONDS; AND CREATING A SPECIAL IMPROVEMENT FUND, DISTRICT NO. 204 WHEREAS, by Resolution of Intention No. 251, adopted on February 7, 1978, the City Council of the City of Edmonds, Washington, 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. 251 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, and all written protests filed with the City Council on and before said date were duly considered and rejected by the City Council, and WHEREAS, the City Council has now determined it to be in the best interest of the City that said improvement as hereinafter 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 installation of eight (8) inch sanitary sewers and all necessary appurtenances, including pipes, valves, fittings, manholes, surface grading and replacement of pavement where necessary to make a complete improvement in accordance with City standards. The routes along which the said sewers are to be installed are set forth on Exhibit "A", attached hereto, and incorporated in full by this reference. The foregoing shall be carried out in accordance with the maps, plans and specifications prepared by Reid, Middleton and Associates, Inc., consulting engineers to said City. Copies of said maps, plans and specifications are on file in the office of the City Clerk 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. 204", the boundaries of which are legally described on Exhibit "B", a copy of which is attached hereto and by this reference incorporated herein as if set forth in full. Section 3. The costs and expense of said improvement shall be assessed on all property in the district in accordance with the zone -and -termini method of assessment provided by law. Section 4. The estimated cost and expense of the said improvement is hereby declared to be $33,867.50. The �a entire 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 included in the local improvement district established, embracing as near as may be, all property specially benefited by such improvement; PROVIDED, further, that at the time fixed for hearing objections to the confirmation of the assessment roll, and at times to which the hearing may be adjourned, the 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 improvement herein ordered to be specially assessed, such warrants to be payable out of the Local Improvement District, District No. 204 hereinafter created, to bear interest from the date thereof at a rate not to exceed 8% 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 shall be defrayed and the bonds shall be redeemed by the collection of special assessments to be levied and assessed upon the -3- property within said district, payable in ten (10) equal annual installments, with interest at a rate to be hereafter fixed by ordinance not exceeding 8% per annum, payable on or before twelve (12) years after the date of issue. Section 6. All the work necessary to be done in connection with the making of said improvement shall be done by and made by contract upon competitive bids and the City shall have and reserve the right to reject any and all bids. Section 7. There is hereby created and established for Local Improvement District No. 204 a special fund to be known and designated as "Local Improvement Fund, District No. 204", 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 several lots and parcels of land in said local improvement district; and against which fund shall be issued such cash warrants for the costs and expenses in connection with said improvement as the same become due, and against which fund shall be paid the bonds and the interest thereon. APPROVED: MAYOR, H. H. Harrison ATTEST/AUTHENTICATED: CITY CLERK, Irerf& Varney Moran APPROVED AS TO FORM: OFF.IC F THE CITY ATTORNEY r i By i ) FILED WITH THE CITY CLERK: March 24, 1978 PASSED BY THE CITY COUNCIL: April 18, 1978 POSTED:April 20, 1978 EFFECTIVE DATE: April 25, 1978 -4- EXHIBIT "A" L.I.D. 204, SANITARY SEWER ROUTES (1) Third Avenue South from Elm Street to Pine Street (2) Pine Street from Third Avenue South westerly to existing sewer main. BOUNDARY DESCRIPTION L.I.D. NO. 204 SANITARY SEWERS 3RD AND PINE STREET Beginning on the East margin of 3rd Avenue South at a distance of 102 feet South of the South margin of Pine Street; thence East 135 feet; thence South 264 feet; thence West 35 feet; thence South 264 feet; thence East •35 feet; thence South 396 feet; thence West 37 feet; thence South 132 feet; thence West 293 feet to mid block between 3rd Avenue and 2nd Avenue; thence North 1,056 feet; thence East to the point of begin- ning. Exhibit B AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) Irene Varney Moran , being first duly sworn on oath deposes and says that -She is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. On the 20th day of Apri 1 , 197 8, affiant posted true and correct copies of the attached Ordinance No. 1989, passed by the City Council on the 18th day of April , 1978 , at the three 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 Edmond Branch of the United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 20th day of Apri 1 , 1978 SUBSCRIBED AND SWORN to before me this day of 197 v . �a av Nota y Public in and for the State ofr!WashIington, residing at 1, —