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Ordinance 1647ORDINANCE NO. 164— AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ORDERING THE INSTALLATION OF EIGHT INCH SANITARY SEWERS AND ALL NECESSARY APPURTENANCES, INCLUDING PIPE, VALVES, FITTINGS, SURFACE GRADING AND REPLACEMENT OF PAVEMENT WHERE NECESSARY AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVE- MENT IN ACCORDANCE WITH CITY STANDARDS, ALL WITHIN THE CITY OF EDMONDS, WASHINGTON, PURSUANT TO THE PROPERTY OWNERS' PETITION THEREFOR; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 191; PROVIDING THAT PAYMENT FOR SAID IMPROVEMENT BE MADE BY SPECIAL ASSESSMENT ON PROPERTIES IN SAID DISTRICT PAYABLE BY THE MODE OF TAYMENT BY BONDS"; AND PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS REDEEMABLE IN CASH AND LOCAL IMPROVEMENT DISTRICT BONDS. 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 con- struction and installation of eight inch sanitary sewers and all necessary appurtenances, including pipe, valves, fittings, surface grading and replacement of pavement where necessary and related L, work necessary to make a complete improvement in accordance with City standards on certain properties within the City of Edmonds, Washington, and WHEREAS, the consulting 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 district, a statement 3 3 1' of what portion of the cost and expense of the improvement 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% of the actual valuation of the improvement in the proposed district, according to the valua- tion last placed upon it for the purpose of general taxation; and WHEREAS, the City Engineer has also determined that the petition is sufficient 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 in that a local improve- ment district be created in connection therewith, now, there- fore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. It is hereby ordered that the following improvement be carried out, to -wit: The installation of eight inch sanitary sewers and all necessary appurtenances, including pipe, valves, fittings, surface grading and replacement of pave- ment where necessary and related work necessary to make a complete improvement in accordance with City standards, on the streets and avenues and along the routes as on that Exhibit "A" attached hereto and incorporated herein as if set .forth in full. All 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. 191," which district is described in Exhibit "B_" -2- attached hereto and by this reference incorporated herein as if set forth in full, all of which property is situate in the City - of Edmonds, County of Snohomish, Washington. Section 3. The estimated cost and expense of said improvement is hereby declared to be the sum of $78,300.00, of which the City of Edmonds will pay up to 10% of the total project cost, including lateral fees. The balance of the cost and expense of said improvement, including the cost and expense of all engineer- ing, legal, inspection, advertising, publication of notices, cost 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 properties specially benefited by such improvement, provided, that at the time fixed for hearing objections to the confirmation of the assessment roll, and at the times 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 assess- ment to be made de novo and at the conclusion thereof confirm the roll by ordinance. Section 4. The cost and expense of said improvement shall be assessed upon all the property in the district in accordance with the special benefits conferred thereon in proportion to the area and distance back from the marginal line of the streets and avenues that prove in accordance with the zone and termini method of assessment provided by law. Section 5. Local Improvement District warrants shall be issued in payment of the cost and expense of the improve- ment herein ordered, such warrants to be payable out of the "Local Improvement Fund District No. 191," hereinafter created, to bear interest from the date thereof at a rate to be here- after fixed by ordinance not to exceed eight per cent per annum -3- and to be refunded in cash, and/or by local improvement district bonds herein authorized to be issued. The cost 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 10 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," payable on or before 12 years after the date of issuance. Section 6. All the work necessary to be done in connec- tion with the making of said improvement shall be done by and made by contract upon competitive bids and the City shall have and observe the right to reject any and all bids. Section 7. There is hereby created and established for Local Improvement District No. 191 a special fund to be known and designated as "Local Improvement Fund, District No. 191," 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 of 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. ATTEST: A 4CIT CLERK 4 PASSED BY THE CITY COUNCIL: FILED WITH THE CITY CLERK: PUBLSHED: 3/14/73 APPROVED: e , MAYOR 3/6/73 3/6/73 CEIC VYWTRTT "All March 6, 1973 File No. 1.854 ROUTE DESCRIPTION - L.I.D. NO. 191 An 8" line along the easterly line of the plat of Double DD Ranch No. 2 as recorded in Volume 18 of Plats, page 52, records of Snohomish County; also along the line between Loy 12 and 13 of the Plat of Double DD Ranch Tracts as recorded in Volume 17, pagc 25, records of Snohomish County; also on 67th Avenue West from 172nd St. S.W., North 175 feet; thence East on 172nd St-. S.W. to Olympic View Drive; also beginning at the S.E. corner of Lot 1, Double DD Ranch Add-3 as recorded in Volume 18 of Plats, page 189, records of Snohomish County; thence Southerly to 170th P1. S.W.; thence Easterly to the ;I.E. corner of Lot 6 of said Double DD Ranch Addition No. 3; thence South to the S.E. corner of said Lot 6; thence easterly to 170th P1. S.W.; thence southerly to Olympic View Drive; also beginning at the S.E. corner of said Lot 6; thence westerly along the southerly boundary of said Lot 6, Lot 7, and Lot 8 of said Plat of Double DD Ranch Addition No. 3; also beginning at the Southeast corner of Lot 10 of the Plat of Squire Lane No. 5 as recorded in Volume 20 of Plats, page 91, records of Snohomish County; thence northeasterly to 65th P1. West; thence easterly on 65th P1. West for a distance of approximately 150 feet; also beginning at the intersection of Olympic View Drive and 170th P1. S.'.J.; thence westerly along 170th Pl. S.W. approximately 300 feet; also a line beginning at 172nd St. S.W. thence north along the east line of Lot 2, Plat of Hovde Heights as recorded in Volume 22 of Plats, page 41, records of Snohomish County, Washington. EXHIBIT "B" March 8, 1973 File No. 1.854 BOUNDARY DESCRIPTION - L.I.D. NO. 191 Beginning at the intersection of the centerline of Olympic View Drive and the centerline of 172nd St. S.W.; thence West along said centerline to its intersection with the centerline of 68th Avenue West; thence North along the centerline of 68th Avenue West to its intersection with the North line of Double DD Ranch Additon No. 2, as recorded in Volume 18 of Plats, on page 52, records of Snohomish County; thence East to the centerline of Olympic View Drive; thence southwesterly along said centerline to the point of beginning; Except Lots 1, 15, and 17 thru 21, inclusive, Plat of Squire Lane No. 5, as recorded in Volume 20 of Plats, page 91, records of Snohomish County. t