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Ordinance 1431ORDINANCE NO, 11-131 AN ORDINANCE CREATING AND ESTABLISHING SIDEWALK CONSTRUCTION FUND NO, 68-1 FOR THE PURPOSE OF PAYING THE COSTS OF CONSTRUCTION OF SIDEWALKS, CURBS AND GUTTERS AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH CITY STANDARDS PURSUANT TO RESOLUTION NOo 182; APPROVING AND CONFIRMING THE FINAL ASSESSMENT AND ASSESSMENT ROLL OF SIDEWALK CONSTRUCTION FUND NO., 68-1 AND LEVYING AND ASSESSING THE AMOUNT THEREOF AGAINST THE SEVERAL LOTSO TRACTSO PARCELS OF LAND AND OTHER PROPERTY SHOWN ON SAID ROLL; SETTING FORTH THE METHOD OF PAYMENT AND AUTHORIZING THE ISSUANCE OF WARRANTS TO PAY THE COSTS AND EXPENSES OF SAID IMPROVEMENTS WHEREAS, the City Council of the City of Edmonds, Washington by Resolution No. 182 declared its intention to improve certain property in said City by constructing curbs, gutters and sidewalks and related work necessary to make a complete improvement, which Resolution was duly published and established a public hearing before said City Council on the 4th day of June, 1968t and WHEREAS, thereat the said council determined to proceed with the improvement as proposed by said Resoltuion No. 182, and WHEREAS, the proposed portion of the benefits and costs to be assessed against the abutting property owners was determined not to exceed $4.00 per zoned front foot which sum is less than the actual benefits and costs of constructions and the City Council pursuant to Resolution No. 205 having set the hearing on said final assessment roll for the 4th day of March, 1969, and WHEREAS, at the time and place fixed and designated in said Resolution No. 205, and the Notice of Special Assessment Hearing mailed by the City Clerk, the hearing on said assessment roll was duly held and all written protest received were duly considered and all persons appearing at said hearing were heard, nowt there- fore, Page 1 --// k - THE CITY COUNCIL OF THE CITY OF EDMONDSZ WASHINGTONO DO ORDAIN AS FOLLOWS: Section 1. There is hereby established a Sidewalk Construc- tion Fund No. 68-1 for the improvements described herein. Section 2. The assessments and assessment roll for Sidewalk Construction Fund No. 68-1, for the construction of sidewalks, curbs and gutters and related work necessary to make a complete improvement on both sides of Main Street from 9th Avenue to approximately 200 feet Northwest of the 5 Corners intersection (17th Avenue South), as the same now stands, be and the same hereby are, in all things approved and confirmed. Section 3. Each of the lots, tracts, and parcels of land and other property shown upon said assessment roll is hereby declared to be specially benefitted by said improvement in at least the amount charged against the same, to -wit, $4.00 per zoned front foot, and that assessment appearing against each lot, tract or parcel of land and other property is in proportion to the costs that each separate improvement bears to the respec- tive abutting property. Section 4. The assessment roll as approved and confirmed herein shall be filed with City Treasurer of the City of Edmonds, Washington for collection and said City Treasurer is hereby authorized and directed, after construction and acceptance by the City of Edmonds, to publish notice stating that the said assessment roll is in his hands for collection and that payment of any assessment thereon or any portion of said assessment can be made at any time within thirty (30) days from the date of publication of said notice without penalty, interest or costs, and that thereafter the sum remaining unpaid may be paid in ten (10) equal annual installments with interest thereon hereby fixed at the rate of 6% per annum. The first installment of assessments on said assessment roll shall become due and Page 2 payable during the thirty -day periods succeeding the date one year after the date of publication by the City Treasurer of notice that the assessment roll is in his hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner,, If the whole or any portion of the assessments remain unpaid after the first thirty -day period, interest upon the whole unpaid sum shall be charged at the rate of 6/ per annum and each year thereafter one of said installments, together with interest due on the whole of the unpaid balance, shall be collected. Any installment not paid prior to the expiration of said thirty -day period during which such installment is due and payable shall thereupon become delinquent, the collection of such delinquent installments will be enforced in the manner provided by law. Section 5. The City Clerk is hereby authorized to issue Sidewalk Construction Fund warrants, in an amount not to exceed the costs and expense of the improvements referred to in this Ordinance. The City of Edmonds may advance as a loan to the Sidewalk Construction Fund No. 68-1 from any available funds the amounts necessary to pay any costs of said improvement. Payments of assessments provided for herein shall be paid into said Sidewalk Construction Fund No. 68-1 and whenever any funds are available over the amounts necessary to pay outstanding warrants, any advances or loans made to said fund shall be repaid. Whenever warrants are drawn on said Sidewalk Construction Fund No. 68-1 which may not be paid for want of sufficient available funds, they shall be so stamped and shall bear interest until called and paid at a rate established by the City Council of said City by a resolution. Said warrants shall be redeemable only out of the receipts of said Sidewalk Construction Fund. The Sidewalk Construction Page No. 3 Fund warrants herein provided for may be sold by the City Trea- surer at public or private sale at not less than their par valuer in which event the proceeds thereof shall be applied in payment of the cost and expense of said improvement. Section 6. The City Clerk is hereby directed to file said assessment roll for the collection of assessments fixed and set forth therein with the City Treasurer for collection, pursuant to law. APPROVED: MAYOR ATTESTED: �W'� rl CITY CLERK a PASSED BY THE CITY COUNCIL: July 15, 1969 FILED WITH THE CITY CLERK: July 15j 1969 PUBLISHED: July 23, 1969 Page No, 4