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Ordinance 1535ORDINANCE 1535 AN ORDINANCE ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY IN THE CITY OF EDMONDS BY THE CONVERSION OF OVERHEAD ELECTRIC AND COMMUNICATION FACILITIES TO UNDERGROUND FACILITIES AND ALL RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS; CREATING AN ASSESSMENT DISTRICT BEING LOCAL IMPROVEMENT DISTRICT NO. 183; PROVIDING THAT PAYMENT OF SAID IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY OF SAID DISTRICT, PAYABLE BY THE MODE OF "PAYMENT OF BONDS", NOT TO EXCEED ONE- THIRD OF THE COST PER ZONED FRONT FOOT, THE BALANCE TO BE PAID FROM MONEY AVAILABLE TO THE CITY OF EDMONDS AND THE PARTICIPATING UTILITIES; PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICTS WARRANTS AND LOCAL IMPROVEMENT DISTRICT BONDS; AND CREATING A SPECIAL IMPROVEMENT FUND, DISTRICT NO. 183. WHEREAS, by Resolution of Intention No. 234 adopted on the 5th day of January, 1971, 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 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. 234 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, all written protests filed with the City Council on or before said date were duly considered by the City Council, and the matter continued to the next regular meeting of 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, - 222 - 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 conversion of overhead electric and communication facilities to underground facilities, including electrical energy transmission, telephone lines, cable television coaxial and related lines, street lighting systems, and the necessary street and right-of-way invasion, trenching, back -filling and restoration., necessary manholes for trans- former .vaults, or in the alternative surface mounted trans- formers depending upon economic exigencies, the installation of necessary pedestals and lighting ornamental poles or standards, and all related work necessary to make a complete improvement, in accordance with applicable City standards, as follows: Ninth Avenue North from Casper Street to a point 110 feet north of Daley Street, all situate in the City of Edmonds, State of Washington. The foregoing shall be carried out in accordance with the maps, plans and specifications therefor prepared by the respective electric utility and communication facilities distributors, districts and companies as submitted to the City Engineer and under his approval and authorization 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. 183", the boundaries of which are described by Exhibit "A" a copy of which is attached hereto and by this reference incorporated herein as if set forth in full. 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 IM provided by law not to exceed one-third. of the cost per zone front foot of said improvement and the balance to be paid from monies available to the City of Edmonds, and participation by the participating electrical and communica- tions distributors, utility districts and companies and by the contractual arrangements for services and supplies with said organizations. Section 4. The estimated cost and expense of said improvement lying within the proposed district is hereby declared to be $39,025.00 of which the City of Edmonds in conjunction with the electrical utilities and communi- cations distributors will pay and provide services in the estimated sum of $24,500.00. 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, 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 improve- ment 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 $14,325.00 representing $4.45 per zone foot, PROVIDED, further that at the time fixed for hearing 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 thereof confirm the roll by ordinance. -3 Section 5. Local Improvement District Warrants shall be issued in payment of the portion of the cost and expense of the improvements herein ordered to be specially assessed, such warrants to be payable out of the "Local Improvement Fund, District No. 183" hereinafter created, to bear interest from the date thereof at a rate not to exceed eight per cent 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 in the estimated sum of $14,525.00 as provided herein, shall be defrayed and the bonds shall be redeemed by the collection of special assessment to be levied and assessed upon the property within said district, payable in -ten equal annual installments, with interest at the rate to be hereafter fixed by ordinance not exceeding eight per cent per annum under the mode of "payment by bonds". The bonds shall hear the rate of interest at no more than eight per cent per annum, payable on or before twelve 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 the respective electric utility and communication distributors pursuant to contract with the City of Edmonds pursuant to the Revised Code of Washington, Section 35.96.040. Section 7. There is hereby created and established for Local Improvement District No. 183, a special fund to be known and designated as "Local Improvement Fund, District No. 183," 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 -4- 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 $14,525.00 provided herein, and against which funds shall be paid the bonds and the interest thereon. ....OWE MAYOR ATTEST: Q LLB+{/ (/Ilriic2�k // !N(,A.riJ CITY CLERK 17 PASSED BY THE CITY COUNCIL: March 2, 1971 FILED WITH THE CITY CLERK: March 2, 1971 PUBLISHED: March 10, 1971 -5- Exhibit "A" CITY OF EDMONDS, L.I.D. NO. 183 Beginning at the NE corner of the SE 1/4 of the NW 1/4 of Section 24, Township 27 North, Range 3 East, W.M., and run thence West along the north line of said sub- division, 230 feet; thence South parallel to the east line of said subdivision, 349.6 feet; thence S 89°13100"W, 86.8 feet; thence South parallel'to the east line of said subdivision, 312.17 feet; thence West parallel to the north line of said subdivision, 79.2 feet; thence South parallel to the east line of said subdivision, 255.0 feet; thence East parallel to the north line of said subdivision, 236.0 feet; thence South parallel to the east line of said subdivision, 75.0 feet; thence West parallel to the south line of said subdivision, 149.0 feet; thence South parallel to the east line of said subdivision, 110 feet; thence East parallel to the south line of said subdivision, 111.0 feet; thence South parallel to the east line of said subdivision, 220 feet; thence East to a point on the south line of Tract 8 of Puget Sound Machinery Depot Five -Acre Tracts, according to the plat there:' recorded in Volume 5 of Plats, page 47, records of Snohomish County, Washington, at a distance of 216.6 feet East of the SW corner of said Tract 8; thence North parallel to the west line of said Tract 8, 165 feet; thence West parallel to the south line said Tract 8, 116.6 feet; thence North, parallel to the west line said Tract 8,,120 feet; .thence East parallel to the north line said Tract 8, 116.66 feet; thence north parallel to the west line of said Tract 8, 75 feet, to the south line of Tract 7, said Puget Sound Machinery Depot Five -Acre Tracts; thence East along said south line of Tract 7, 34 feet; thence northwesterly to a point on the south margin of Carol Way which point is 223 feet East of the west line of said Tract 7; thence West along the south margin of Carol Way, 118 feet; thence North parallel to the west line of said Tract 7, to the south line of Tract 6 of said Puget Sound Machinery Depot Five -Acre Tracts; thence East along the south line of said Tract 6, 147 feet; thence North parallel to the west line of said Tract 6, 165 feet; thence West, parallel to the south line said Tract 6, 167 feet; thence North, parallel to the west line of said Tract 6, 172.5 feet to a point in a line parallel to and 7.5 feet North of the south line of Tract 5, in said Puget Sound Machinery Depot Five Acre Tracts; thence East along said parallel line, 96 feet; thence North parallel to the west line of said Tract 5, 170 feet; thence East parallel to the north line of said Tract 5, 120 feet; thence North, parallel to the west line said Tract 5,.152.5 feet to the north line said Tract 5; thence West along the north line said Tract 5 to the NW corner thereof; thence westerly to the Point of Beginning.