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Ordinance 2166WDT/al 9/24/80 ORDINANCE NO. 2166 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY IN THE CITY OF EDMONDS BY CON- STRUCTING STANDARD CURBS AND GUTTERS, BY PAVING THE STREET WITH ASPHALTIC TYPE CON- CRETE, INSTALLING WATER LINES, 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 IMPROVE- MENT IN ACCORDANCE WITH CITY STANDARDS; CREATING AN ASSESSMENT DISTRICT BEING LOCAL IMPROVEMENT DISTRICT NO. 208; PROVIDING THE METHOD OF ASSESSMENT OF SAID DISTRICT; PRO- VIDING THAT PAYMENT OF SAID IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON THE PRO- PERTY IN SAID DISTRICT, PAYABLE BY THE MODE OF "PAYMENT BY BONDS"; PROVIDING FOR THE IS- SUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS AND LOCAL IMPROVEMENT DISTRICT BONDS; AND CREATING A SPECIAL IMPROVEMENT FUND, DISTRICT NO. 208. WHEREAS, by Resolution of Intention No. 257, adopted on August 19, 1980, the City Council of the City of Edmonds, Washington, declared its intention to create a local improve- ment 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 Reso- lution of Intention No. 257 was given in the manner as provided by law and such hearing was held by the City Council as afore- said, 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 -1- WHEREAS, the City Council has now determined it to be in the best interest of the City that said improvement as here- inafter 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 standard curbs and gutters, by paving the street with asphaltic type concrete, installing water lines, mains and fire hydrants, installing necessary drainage and any necessary grading or base preparation and related work necessary to make a complete improvement in accordance with City standards. The routes of the water lines and mains are Sprague Street from 7th Avenue South to 8th Avenue South. The foregoing shall be carried out in accordance with the maps, plans and specifica- tions prepared by URS Company, 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 Dis- trict No. 208", 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 shall be assessed on all property in the district in accordance with the zone -and -termini method of assessment provided by law. -2- Section 4. The estimated cost and expense of the said improvement is hereby declared to be $ 40,372 The entire cost and expense of said improvement, including all labor and materials required to make a complete improvement, all engineer- ing, 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 ex- penses 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 im- provement,.PROVIDED, further, that at the time fixed for hearing such 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. 208, hereinafter created, to bear interest from the date thereof at a rate to be set by ordinance, and to be re- deemed in cash, and/or by local improvement district bonds herein authorized to be issued. The costs and expenses of the improve- ment shall be defrayed and the bonds shall be redeemed by the =19 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 payable on or before 12 years of ter the date of issue. Section 6. All the work necessary to be done in con- nection 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. 208 a special fund to be known and designated as "Local Improvement Fund, District No. 208", 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 dis- trict; 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: ATTEST/AU�TH/ENTICATED: MAYOR, H. H. HARRISON (J CITY CLERK, NJg VARNEY MORAN APPROVED AS TO FORM: OFFICE OF =ITY ORNEY: WE FILED WITH THE CITY CLERK: September 24, 1980 PASSED BY THE CITY COUNCIL: October 7, 1980 POSTED: October 8, 1980 EFFECTIVE DATE: October 13, 1980 PUBLISHED: October 15, 1980 —5— EXHI:B.I;T "A" City of Edmonds Proposed Street L.I.,D. Sprague. Street between 7th_ Ave. N. and 8th Ave. N. BOUNDARYDESCRIPTI'QN Beginning at the SW corner of Lot 1, Tract 85, Plat of th.e City of Edmonds, thence. easterly along th.e southerly boundary, of Lots 1 thru 20 of sai'd Tract 85, thence continuing on the extension of said southerly boundary 60.0 ft to th.e easterly boundary of 8th Avenue N.; Thence northerly along the easterly boundary of 8th Avenue.N. approximately 280 ft. to the intersection of the easterly boundary of 8th Avenue N. and the easterly extension of the northerly boundary of Lot 21, Block 84 of said Plat of the City of Edmonds: Thence westerly along the easterly extension of the northern boundary of Lot 21 of said Block 84 and continuing westerly along the northerly boundariesof Lot 21 thru Lot 40 of said Tract 84, to the NW corner of said Lot 40; Thence southerly approximately 280 ft. to the point of beginning. JEA:dld 9/25/80 AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he 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 8 day of October , 1980, affiant posted true and correct copies of the attached Ordinance No. 2166, passed by the City Council on the 7 day of October , 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 8 day of October , 19.m. �S/UBSCRIBED AND SWORN to before me this day of ITO�� 2 19 n N ar/' Public in and for the State of Washington,,residing at e