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Ordinance 1887ORDINANCE NO. 1887 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, APPROVING AND CONFIRMING THE FINAL ASSESSMENT AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 196 WHICH HAS BEEN CREATED AND ESTABLISHED FOR THE PURPOSE OF PAYING THE COST OF IMPROVING CERTAIN PROPERTY, ALL IN THE CITY OF EDMONDS, WASHINGTON, 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, PURSUANT TO RESOLUTION OF INTENTION NO. 243, AND AS PROVIDED BY ORDINANCE NO. 1792, AND LEVYING AND ASSESSING THE AMOUNT THEREOF AGAINST THE SEVERAL LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY SHOWN ON SAID ROLL AND AMENDING ORDINANCE NO. 1792 TO AUTHORIZE PAYMENT BY INSTALL- MENT NOTE. WHEREAS, the assessment roll levying the special assess- ments against the properties located in Local Improvement District No. 196, in the City of Edmonds, Washington, created under Ordinance No. 1792, has been filed with the City Clerk of the City of Edmonds as provided by law; and WHEREAS, notice of the time and place of hearing thereof and of making objections and protests to said roll was duly published at and for the time and manner provided by law, fixing the time and place of hearing thereon for the 21st day of December, 1976, at 7:30 p.m. in the council chambers of the Civic Center at Edmonds, Washington and further notice thereof was duly mailed by the City Clerk to each property owner on said roll; and WHEREAS, at the time and place fixed and designated in said notice, the hearing on said assessment roll was duly -1- held and all written protests received were duly considered and all persons appearing at said hearing were heard, and WHEREAS, the City Council of the City of Edmonds finds that use of an installment note rather than bonds as originally contemplated will result in cost savings and thus be in the public interest, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The assessments and assessment roll of Local Improvement District No. 196, which has been created and established for the purpose of paying a portion of the material by the conversion of overhead electric and com- munication 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: 175th Street S.W. and 72nd Avenue West adjacent to Lots 1, 2 and 5 through 12 of the Plat of Glen Ellen View Tracts, all situate in the City of Edmonds, Washington. -2- pursuant to Resolution of Intention No. 243, and as provided by Ordinance No. 1792, as the same now stands, be and the same is hereby in all things and respects approved and confirmed. Section 2. Each of the lots, tracts, parcels of land, and other property shown on the said roll is hereby deter- mined and declared to be specially benefited by said improve- ment in at least the amount charged against the same and the assessment appearing against the same is in proportion to the several assessments appearing on the said roll. There is hereby levied and assessed against each lot, tract, parcel of land and other property appearing upon said roll the amount finally charged against the same thereon. Section 3. The assessment roll as approved and confirmed shall be filed with the Office of the Finance Director of the City of Edmonds,`Washington for collection and said Finance Director is hereby authorized and directed to publish notice as required by law stating that the said roll is in her hands for collection and that payment of any assessment thereon or any portion of said assessment can be made at any time within thirty days from the date of the first publication of said notice without penalty, interest or costs, and that thereafter the sum remaining unpaid may be paid in ten equal annual install- ments with interest thereon hereby fixed at the rate of 6.5% per annum. The first installment of assessments on said assessment roll shall become due and payable during the thirty day period -3- succeeding the date one year after the date of first publication by the Finance Director of notice that the assessment roll is in her hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessments remains unpaid after the first thirty day period, interest upon the whole unpaid sum shall be charged at the rate of 6.5% per annum and each year thereafter one of said installments, together with interest due on the whole of the unpaid balance, shall be.collected. Any installment not paid prior to the expiration of the said thirty day period during which such installment is due and payable shall thereupon become delinquent. All delinquent installments shall be subject to a charge for interest at 6.5% per annum and for an additional charge of 5% penalty levied upon the principal due upon such installment or installments. The collection of such delinquent installments will be enforced in the manner provided by law. Section 4. Section 5 of Ordinance No. 1792 passed by the City Council on October 7, 1975, is hereby amended to read as follows: "Section 5. Local Improvement District Warrants shall if needed 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. 196' hereinafter created, to bear interest from the date thereof at a rate not to exceed eight ,percent per annum and to be redeemed in cash/or by installment notes -4- herein authorized to be issued. The costs and expenses of the improvement in the estimated sum of $5,500.00 as provided herein, shall be defrayed and the installment notes shall be repaid from 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 percent per annum under the mode of 'payment by installment note. The installment notes shall bear the rate of interest at no more than twelve percent per annum, payable on or before twelve years after the date of issuance." Section 5. Section 7 of Ordinance No. 1792 is hereby amended to read as follows: "Section 7. There is hereby created and established for Local Improvement District No. 196, a special fund to be known and designated as 'Local Improvement Fund, District No. 196,' 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 funds shall be issued if needed cash warrants for the costs and expenses in connection with said improve- ment as the same may become due in the estimated sum of $5,500.00 provided herein, and against which funds shall be paid by installment notes and the interest thereon." Section 6. The installment notes to be issued pursuant to this Ordinance shall be sold only to another fund of the City. APPROVED: . FO,.H. H. HARRISO-9 ATTEST: ju.:n� - 0 Z J_ �1� -4 .", I CITI CLERK, IRENE ARNEY MORAN FILED WITH THE CITY CLERK: December 21, 1976 PASSED BY THE CITY COUNCIL: December 21, 1976 PUBLISHED: December 29, 1976 -5-