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Ordinance 2129ORDINANCE NO. 2129 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY IN THE CITY OF EDMONDS BY INSTALLATION OF SANITARY SEWERS, WATER LINES AND MAINS AND FIRE HYDRANTS 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. 207; PROVIDING 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"; PRO- VIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVE- MENT DISTRICT WARRANTS AND LOCAL IMPROVEMENT DISTRICT BONDS; AND CREATING A SPECIAL IMPROVEMENT FUND, DISTRICT NO. 207. WHEREAS, by Resolution of Intention No. 254, adopted on February 26, 1980, 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. 254 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 -1- 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 sanitary sewers, water mains and lines and fire hydrants 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 sanitary sewers and water lines and mains are as follows: On 72nd Avenue West from approximately 170 feet south of 175th Street Southwest to a point approxi- mately 150 feet north of 175th Street Southwest, on 175th Street Southwest from 72nd Avenue West to the street end approximately 500 feet westerly, then continue sewer only westerly along easement to 76th Avenue West. 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. 207", the boundaries of which are legally described on Exhibit "A", 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 -2- shall be assessed on all property in the district in accordance with the zone -and -termini method of assessment as provided by law. Section 4. The estimated cost and expense of the said improvement is hereby declared to be $139,900. The entire cost and expense of said improvement, including all labor and materials required to make a complete improvement, all engineering, surveying, legal, inspection, ascertaining 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, however, 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 warrants to be payable out of the Local Improvement District, District No. 207, hereinafter created, to bear interest from the date thereof at a rate not to exceed 12% per annum and to be redeemed in cash, and/or by local improvement district bonds herein authorized to be issued. -3- 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 property within said district, payable in twenty (20),equal annual installments, with interest at a rate to be hereafter fixed by ordinance not exceeding 12% per annum, payable on or before 22 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. 207 a special fund to be known and designated as "Local Improvement Fund, District No. 207", 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 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, IREN VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ' i�t-Gem Q' -4- FILED WITH THE CITY CLERK: March 31, 1980 PASSED BY THE CITY COUNCIL: April 15, 1980 POSTED: April 17, 1980 EFFECTIVE DATE: April 22, 1980 PUBLISHED: April 22, 1980 -5- { - EXHIBIT "A" CITY OF EDMONDS PROPOSED SEWER & WATER L.I.D. VICINITY OF 72nd AVE. W. AND 175th ST. S.W. BOUNDARY DESCRIPTION Beginning at the NW corner of Tract 143 Plat of Meadowdale Beach as recorded in Volume 5, page 38, records of Snohomish County, thence North 120 feet to the True Point of Beginning; thence East 148 feet; thence North 182 feet;. thence East 28 feet; thence Northwesterly to a point lying .100 feet South of the North line of Tract 143 at a distance of 123 feet East of the West margin of Tract 143; thence West 123 feet; thence North 85 feet; thence Westerly to the Northeast corner of Lot 1, Glen Ellen View Tracts as recorded in Volume 23; pages" 6 & 7, records of Snohomish County, Washington; thence West along the North line of Lots l and 2 of Glen Ellen View Tracts a distance of 240.45 feet; thence Southeasterly to a point on the South line of said Lot 2 at an arc , distance of 10 feet East of the Northeasterly corner of Lot 5 of Glen Ellen View Tracts; thence Southwesterly along the South line of said Lot 2 to the Northeast corner of said Lot 5; thence West to the Northwest corner of Lot 5; thence continuing West 200 feet to the West margin of Tract 142 plat of Meadowdale Beach, thence South 31.87 feet; thence West 639.80 feet to the East margin of 76th Avenue West; thence South 122.00 feet; thence East 185.04 feet; thence South 178.81 feet; thence East 105.00 feet; thence Southeasterly to a point 135.99'North of the South margin of Tract 141; thence East 163.09 feet; thence North 179.85 feet; thence East 160.00 feet; thence South 153.68 feet; thence North 84°27'12"E, 103.19 feet; thence South 77°14'52"E, 86.80 feet; thence East 73.93 feet to the Southwest corner of Lot 6 of Glen Ellen View Tracts; thence East 181.07 feet; thence North 20.00 feet; thence East 79.40 feet; thence North 150.00 feet; thence West 217.00 feet to the East margin -of 72nd Avenue West; thence South along the east margin of 72nd Avenue West to the True Point of Beginning. -6- 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. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 17 day of April , 1980, affiant posted true and correct copies of the attached Ordinance No. , passed by the City Council on the 15 day of April , 1980, at the 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 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 17 day of Apri 1 , 19 80. SUBSCRIBED AND SWORN to before me this �� day tof 19g4 Notary lic in and for the State of ashingtc gyp' residing at coj"111,-