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Ordinance 2200MAE/trs ' 2/26/81 ORDINANCE NO. 2200 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY IN THE CITY OF EDMONDS BY PAVING THE STREET WITH AN ASPHALT OVERLAY, INSTALL- ING NECESSARY DRAINAGE, AND PERFORMING ANY NECESSARY GRADING, BASE PREPARATION AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH CITY STANDARDS; TO CREATE AN ASSESSMENT DISTRICT; TO CREATE A LOCAL IMROVEMENT DISTRICT FUND THEREFORE; TO PROVIDE THAT PAYMENT OF THE COST OF SAID IMPROVEMENT BE MADE BY SPECIAL ASSESSMENT ON THE PROPERTY IN SAID DISTRICT UNDER THE MODE OF PAYMENT BY BONDS; AND CREATING A SPECIAL IMPROVEMENT FUND, DISTRICT NO. 209. WHEREAS, by Resolution of Intention No. 258, adopted on January 13, 1981, 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. 258 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 hereinafter described be carried out and that a local im- provement 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 paving the street with an asphalt overlay, installing neces- sary drainage and performing any necessary grading or base preparation and related work necessary to make a complete improvement in accordance with City standards, said street being an extension of Cyprus Place as set forth on Exhibit "A" attached hereto and incorporated in full by this reference. Section 2. There is hereby created and established a local improvement district, to be called "Local Improvement District No. 209, the boundaries of which are legally des- cribed 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 improve- ment shall be assessed on all property in the district in accordance with the zone -and -termini method of assessment provided by law. Section 4. The estimated cost and expense of the said improvement is hereby declared to be $41,500.00. The 1 entire cost and expense of said improvement, including all -2- I 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 bene- fited by such improvement included in the local improvement district established, embracing as near as may be, all property specially benefited by such improvement, PROVIDED, further, 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. 209, 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. 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 -3- property within said district, payable in ten (10) equal annual installments, with interest at a rate to be hereafter fixed by ordinance not exceeding 12% per annum, payable on or before 12 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. 209 a special fund to be known and designated as "Local Improvement Fund, District No. 209", 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 col- lected 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 con- nection 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 -4- FILED WITH THE CITY CLERK: February 27, 1981 PASSED BY THE CITY COUNCIL: March 3, 1981 POSTED: March 4, 1981 EFFECTIVE DATE: March 9, 1981 PUBLISHED: March 9, 1981 Q•C EXHIBIT A BOUNDARY DESCRIPTION L.I.D. NO. CYRUS PLACE EXTENSION Beginning at the southwest corner of Lot 16, in Talbot Glen, as recorded in the Book of Plats, Volume 39, page 87, Snohomish County Auditor's Office, and run thence north along the west line of said Lot 16, 162.75 feet to the north- west corner thereof; thence east along the north line of said Lot 16, 420.0 feet; thence south parallel to the west line of said Lot 16, 162.75 feet to the south line of said Lot 16; thence west along said south line, 12.0 feet; thence S9°12'45"E, 104.12 feet; thence S22°47'25"E, 62.42 feet; thence N88°53'00"W, 420.0 feet to the southwest corner of the south half of the south half of the north half of the northeast quarter of the southeast quarter of Section 7, Township 27 North, Range 4East, W.M.; thence north 163.0 feet to the point of beginning. 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 4 day of March , 1981, affiant posted true and correct copies of the attached Ordinance No. 2200, passed by the City Council on the 3 day of March , 19 81, 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 4 day of March , 1981. SUBSCRIBED AND SWORN to before me this day of Not ry 43ublic in and for the State of a hington, residing at ,��