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Ordinance 1604ORDINANCE NO. 1604 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON ORDERING THE INSTALLATION OF EIGHT -INCH SANITARY SEWERS AND ALL NECESSARY APPURTENANCES, INCLUDING PIPE, VALVES, FITTINGS, MANHOLES, SURFACE GRADING AND REPLACEMENT OF PAVEMENT WHERE NECESSARY AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH CITY STANDARDS, ALL WITHIN THE CITY OF EDMONDS, WASHINGTON, PURSUANT TO THE PROPERTY OWNERS PETITION THEREFOR; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 189; PROVIDING THAT PAYMENT FOR SAID IMPROVEMENT BE MADE BY SPECIAL ASSESSMENT ON PROPERTIES IN SAID DISTRICT PAYABLE BY THE MODE OF "PAYMENT OF BONDS", NOT TO EXCEED $13. 11 PER ZONE FRONT FOOT IN ACCORDANCE WITH THE ZONE -AND -TERMINI METHOD OF ASSESSMENT; PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS AND LOCAL IMPROVEMENT DISTRICT BONDS; and CREATING A SPECIAL LOCAL IMPROVEMENT FUND, DISTRICT NO. 189, WHEREAS, a petition has been filed with the City Council, signed by the owners of property aggregating a majority of (1) the lineal frontage upon the improvement, and (2) the area within the proposed district, setting forth the nature and territorial extent of the proposed improvement, the mode of payment and that a sufficient portion of lineal frontage upon the improvement and of the area within the proposed district is owned by the petitioners as shown by the records in the Office of the Auditor of Snohomish County, petitioning for the construction and installation of eight inch sanitary sewers and all necessary appurtenances, including pipe, valves, fittings, manholes, surface grading, and replacement of pavement where necessary, and related work necessary to make a complete improvement in accordance with City standards, there having been no request for withdrawal of signatures prior to the terminal date of the petition, and the same having been certified by the City Cleik of the City of Edmonds, and WHEREAS, the city engineers have caused an estimate to be made of the cost and expense of the proposed improvement and have certified said estimate to the City Council, a description of the boundaries of the 291 district, a statement of what portion of the cost, and expense of the improve- ment should be borne by the property within the proposed district, a statement in detail of the local improvement assessments outstanding or unpaid against the property under the proposed district, and a statement of the aggregate actual evaluation of the real estate, including 25 percent of the actual valuation of the improvement in the proposed district, according to the valuation last placed upon it for the purpose of general taxation; and WHEREAS, the City Clerk has determined that the petition is sufficient under the direction of the City Engineer and the facts therein set forth are true; and WHEREAS, the City Council deems it in the best interest of the City and of the owners of the property within the local improvement district that said improvement petitioned for, 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 inch sanitary sewers and all necessary appurtenances, including pipe, valves, fittings, manholes, surface grading, and replacement of pavement where necessary, and related work necessary to make a complete improvement, in accordance with applicable City standards, as follows: 85th Place West north of 218th S.W. and 218th St. S. W. west of 85th Place W. All of the foregoing shall be in accordance with the plans and specifications thereof adopted by the consulting city engineers. Section 2. There is hereby created and established a Local Improvement District to be called "Local Improvement District No. 189 of -2- the City of Edmonds, Washington", which district is described as follows: Beginning at the intersection centerline of 88th Avenue West and the centerline of 218th Street S. W. ; thence East along said centerline to a point 147. 32 feet East of the centerline of 85th Place West; thence North 170 feet; thence East 70 feet; thence North 175 feet; thence West 177. 35 feet; thence South 25 feet; thence West to the centerline of 85th Place West; thence South 150 feet; thence West 217. 33 feet; thence North 23. 38 feet; thence West to the centerline of 88th Avenue West; thence South 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 $13. 11 per zone front foot as provided herein. Section 4. The estimated cost and expense of said improvement lying within the proposed district is hereby declared to be the sum of $20, 000. 00 including side sewers, of which the City of Edmonds will pay the estimated sum of $6, 180. 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 improvement; PROVIDED the assessments borne by and assessed against the property specially benefited shall not exceed $13. 11 per zone front foot in accordance with the zone -and -termini method of assessment, plus a side sewer charge of $100; 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 improvement herein ordered to be specially assessed, such warrants to be payable out of the "Local Improvement Fund, District No. 189" hereinafter created, to bear interest from the date thereof at the rate not to exceed 8% per annum and to be redeemed in cash, and/or by local improvement district bonds hereinafter authorized to be issued. The cost and expenses of the improvement up to but not to exceed $13. 11 per zone front foot together with the $100 side sewer charge provided herein shall be defrayed and the bonds shall be redeemed by the collection of special assessments to be levied and assessed upon the 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 under the mode of "payment by bonds". The bonds shall bear the rate of interest at no more than 8% 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 and made by contract upon competitive bids and the City shall have and reserves the right to reject any and all bids. Section 7. There is hereby created and established for Local Improvement District No. 189, a special fund to be known and designated as "Local Improvement Fund, District No. 189", 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 fund shall be issued cash warrants for the costs and. expenses in connection 1XIM with said improvement as the same become due not to exceed $13. 11 per zoned front foot as provided herein, and against which fund shall be paid the bonds and the interest thereon. APPROVED: J MAYOR ATTEST: CITY CLERK PASSED BY THE CITY COUNCIL: July 5, 1972 FILED WITH THE CITY CLERK: July 5, 1972 PUBLISHED: July 12, 1972 =5=