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Ordinance 1437ORDINANCE NO. /q ! AN ORDINANCE ORDERING THE IMPROVEMENT .OF CERTAIN PROPERTY IN THE CITY. OF EDMONDS BY CONSTRUCTING CONCRETE SIDEWALKS, STANDARD CURBS AND GUTTERS, BY PAVING THE STREET WITH ASPHALTIC TYPE CONCRETE, PROVIDING NECESSARY DRAINAGE AND ANY NECESSARY GRADING OR BASE PREPARATION AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS; CREATING AN ASSESSMENT DISTRICT BEING _LOCAL IMPROVEMENT DISTRICT NO. 177; PROVIDING THAT PAYMENT .FOR SAID IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY OF SAID DISTRICT, PAYABLE BY THE MODE OF "PAYMENT BY BONDS", NOT TO EXCEED $4.00. PER ZONE FRONT FOOT, THE BALANCE TO BE PAID FROM MONEY AVAILABLE TO THE CITY.OF EDMONDS; PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS AND LOCAL IMPROVEMENT DISTRICT BONDS; AND CREATING A SPECIAL IMPROVE- MENT FUND, DISTRICT NO. 177. ........... .. ............................................ WHEREAS, by Resolution of Intention No. 226 adopted on the. 17th day of June, 1969, 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 com- plete 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. 226 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 or 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 interests 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 construction of concrete sidewalks on each side of the street, standard curbs and gutters, by paving the street with .asphaltic type concrete, providing necessary drainage and any necessary grading or base construction preparation and related work nec- essary to make a complete improvement in accordance with applicable city standards, as follows.: 76th.Avenue West from 199th.Southwest southerly to approximately 20.0 feet north :of 5th Street Southeast, situate in the :City of Edmonds, Washington. The foregoing shall be:carried out in accordance with the maps, plans and specifications therefor prepared by Reid, Middleton & Associates, Inc. consulting engineers for this project, copies of which are on file in the office of the City Clerk, and same are hereby adopted. Section 2. There is hereby created and established a local improvement district to be called "Local Improvement District No. 17711, which district is described as follows and contains the following areas, all situate in Snohomish County, Washington. Beginning at the intersection of the. South margin of 199th with .the center line of 76th :Avenue West, situated in the City of Edmonds, Snohomish :County, and run thence South :along said center line .of.76th Avenue West to its intersection with:the .center line :of 210th .Street,. S.W., thence :East along said center: line :of 210th St., S.W., a distance of 180 feet; thence South parallel to. the East margin of said 76th Avenue West to a point 192.8 feet North :of the North margin of 5 th :Street S.E. ( 212 th S t . S.W.); thence West parallel to said North :margin of 5th Street, S.E. to a point in a line parallel to and distant 150'feet West of West margin of said 76th Avenue West; thence North along said parallel line to aforesaid South :margin of 199th .Street, S.W.; thence East to the point of Beginning. Section. 3. The.cost and expense of said improvement shall be assessed upon all the property in the district in accordance with the .zone®and-termini method of assessment provided by law not to.exceed $4.00per zone front.foot and the balance .to be. paid from monies available to the. City of Edmonds, including that granted from the Urban Arterial Fund of the State. of Washington. -2- Section 4. The e.stimated.cost and expense of said improve- ment lying within the proposed district is hereby declared to be $150,550.00 of which .the City.of Edmonds will pay the estimated sum of $1331035.00. 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 assessment district, advertising, mail- ing 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 .including in the local improvement district established, embracing, as near as may be, all property specially benefited by such :improvement, in the estimated sum of $17,512.00 representing $4..00 per zone front foot; PROVIDED, further that at the time.fixed for hear- ing objections to the .confirmation of the .assessment 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 there- of 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 Fund, District No. 177 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. -3= and expenses of the improvement in the estimated sum of $17,512.00 as provided herein, shall be defrayed and the bonds shall be re- deemed by the collection of special assessments to be levied and assessed upon the property within said district, payable in tern equal annual installments, with .interest at the rate to be here- after 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 issue. Section. G. 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 re-. serves. the right to reject any and all bids. Sec_ti.on. 7. There is hereby created and established for Local Improvement District No. 177; a special fund to be known and designated as "Local improvement Fund, District No. 177" 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 improvement 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 $17,5.12..00provided herein, and against which .funds shall be paid thebonds and the interest thereon. APPROVED: IVIA OR Attest: CITY CLERK PASSED BY THE CITY COUNCIL: August 5, 1969 FILED WITH THE CITY CLERK: August:5, 1969 PUBLISHED: August 13, 1969