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Ordinance 2207WDT/al 4/23/81 ORDINANCE NO. 2207 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, ORDERING THE IMPROVEMENT OF CER- TAIN PROPERTY IN SAID CITY BY RECONSTRUC- TIN AND REPAIRING CONCRETE SIDEWALKS, RE- TAINING WALLS AND ROCKERIES, NECESSARY GRADING AND BASE PREPARATION AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVE- MENT IN ACCORDANCE WITH CITY STANDARDS; REQUIRING THE ABUTTING PROPERTY OWNERS TO CONSTRUCT THE IMPROVEMENTS AT THEIR OWN COST AND EXPENSE; SPECIFYING THE TIME WIHTIN WHICH THE CONSTRUCTION SHALL BE COMMENCED AND COMPLETED; PROVIDING THAT IF THE IM- PROVEMENTS OR CONSTRUCTION ARE NOT UNDER- TAKEN AND COMPLETED WITHIN THE TIME SPECIFIED, THAT THE CITY WILL PERFORM OR COMPLETE THE IMPROVEMENT AND ASSESS THE COST AGAINST THE ABUTTING OWNERS; CREATING A SIDEWALK CONSTRUCTION FUND NO. 81-1 AND PROVIDING THAT PAYMENT OF THE COST OF SAID IMPROVEMENTS COMPLETED BY THE CITY WILL BE MADE BY SPECIAL ASSESSMENT ON THE SPECIALLY BENEFITED PROPERTY ABUTTING SAID IMPROVE- MENT, BASED ON SPECIAL BENEFITS. WHEREAS, by Resolution No. 488, passed by the City Council on February 17, 1981, the City Council of the City of Edmonds declared its intention to improve certain property in the City as hereafter set forth, and WHEREAS, due notice of the hearing upon said reso- lution No. 488 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 WHEREAS, the Council determined to required only repair and reconstruction of existing sidewalks and to extend BE the time for the property owners to complete the repair and reconstruction, and WHEREAS, the City Council has not determined it to be in the best interest of the City that said improvement as hereinafter described be carried out, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The repair and reconstruction of side- walks and driveways across sidewalks and related work neces- sary to make a complete improvement in accordance with City standards is hereby ordered on the portions of streets set forth in Exhibit "A", attached hereto and incorporated here- in by this reference as if set forth in full. Section 2. The abutting owner is required to construct the improvements at his/her own cost and expense, including obtaining all necessary permits and approvals from the City prior to construction. Construction shall be in accordance with City standards and shall be completed on or before October 1, 1981. Section 3. The City will perform and complete all improvements or construction not undertaken and completed by abutting owners within the time specified above. All costs of said improvement or construction shall be borne by the abutting property owners specially benefited thereby. Section 4. There is hereby created and established a Sidewalk Construction Fund No. 81-1 into which shall be deposited the aggragate of the several amounts assessed, levied and collected on the abutting property owners and any -2- loans the City may advance to the said Sidewalk Construction Fund No. 81-1 from any available funds to pay the costs of said improvement. Against said Sidewalk Construction Fund No. 81-1 shall be issued cash warrants for the costs and expenses in connection with said improvement as the same be- come due. Interest on unpaid warrants shall be at a rate not to exceed twelve percent (12%) per annum. Section 5. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED; MAYOR, H. H.`HARRISON ATTEST/AUTHENTICATED: MA�U CITY CLERK, IREJ VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY *4�L FILED WI 4 THE CITY CLERK: April 23, 1981 PASSED BY THE CITY COUNCIL: April 28,1981 POSTED: April 29, 1981 EFFECTIVE DATE: May 4, 1981 PUBLISHED: May 6, 1981 —3— EXHIBIT "A" February 17, 1981 STREETS NEEDING EXISTING SIDEWALK REPAIR Sunset Avenue: Casper Street -to Dayton Street 2nd Avenue Casper Street to Main Street 3rd Avenue Casper Street to Erben Street 4th Avenue Daley Street to Walnut Street 5th Avenue Edmonds Street to Walnut Street 6th Avenue Daley Street to Walnut Street 7th Avenue . Daley Street to Walnut Street Daley Street 3rd Avenue N. to 7th Avenue N. Edmonds Street: Sunset Avenue N. to 6th Avenue N. Sprague Street: 4th Avenue N. to 6th Avenue N. Bell Street Sunset Avenue N. to 7th Avenue N. Main Street Sunset Avenue to 7th Avenue Dayton .Street: Sunset Avenue S. to 9th Avenue S. Maple St. . 6th Avenue to 7th Avenue S. Alder Street : 6th Avenue S. to 7th Avenue S. Walnut Street: 5th Avenue S. to 6th Avenue S. I i� 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 29 day of April , 1981, affiant posted true and correct copies of the attached Ordinance No. 2207 , passed by the City Council on the 28 day of April , 1981, 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 29 day of April , 1981. SUBSCRIBED AND SWORN to before me this 4L_ day of Notar Public in and for the State of WasPington, re iding at