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Ordinance 2216WDT/trs 7/21/81 ORDINANCE NO. 2216 AN ORDINANCE APPROVING AND CONFIRMING THE FINAL ASSESSMENT AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 206, 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 INSTALLATION OF SANITARY SEWERS, WATER MAINS AND LINES AND FIRE HYDRANTS AND ALL NECESSARY APPURTENANCES, INCLUDING PIPE, VALVES, FITTINGS, SURFACE GRADINGS AND REPLACEMENT OF PAVEMENT WHERE NECESSARY AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH CITY STANDARDS, PURSUANT TO RESOLUTION OF INTENTION NO. 253, AND AS PROVIDED BY ORDI- NANCE NO. 2111, LEVYING AND ASSESSING THE AMOUNT THEREOF AGAINST THE SEVERAL LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY SHOWN ON SAID ROLL. WHEREAS, the assessment roll levying the special assessment against the properties located in Local Improve- ment District No. 206, in the City of Edmonds, Washington, created under Ordinance No. 2111, was 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 July, 1981, at the hour of 7:30 p.m. in the Council chambers of the Civic Center of 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 held and all written and oral protests received were duly considered and all persons appearing at said hearing were heard, 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. 206, which has been created and established for the purpose of paying the cost of the installation of eight -inch sanitary sewers, water mains, lines and fire hydrants and all necessary appurtenances, including pipe, valves, fittings, surface grading and replacement of pavement 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 set forth on Exhibit A attached hereto and by this reference incorporated herein as if set forth in full, all pursuant to Resolution of Intention No. 253, and as provided by Ordinance No. 2111, as the same now stands, and the same are hereby in all things and respects approved and confirmed. Section 2. Each of the lots, tracts, parcels of land, and other property shown on 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 on 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 -2- 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 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 his hands for collection and that payment of any assessment thereon or any portion thereof may be paid at any time within thirty (30) days from the date of the first publication of the City Treasurer's notice that the assessment roll has been placed in his hands for collection without penalty, interest or costs, and thereafter the sum remaining unpaid, if any, may be paid in equal annual installments with the interest on the whole unpaid sum of the rate of ten percent (10%) per annum; provided, however, that if the net effective interest rate fixed on the local improvement bonds hereafter issued is less than nine and one-half percent (9 1/2%) per annum or greater than ten percent (10%) per annum, the interest rate on the unpaid assessments shall be revised to a rate of one-half of one percent (1/2 of 1%) in excess of the net effective interest rate on such bonds. Any installment not paid prior to the annual anniversary of said thirty (30) day period shall be deemed delinquent. All delinquent installments shall be subject to a charge for interest at the above established rate per annum and for an additional charge of five percent (5%) penalty levied upon the principal - 3 - due upon such installment or installments. The collection of such delinquent installments will be enforced in the manner provided by law. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by any court of competent juris- diction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. 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: a MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CLERK, 1-RE E— VARN`EY- -MORAN- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY _(U"'LA� FILED WI THE CITY CLERK: July 16, 1981 PASSED BY THE CITY COUNCIL: July 28, 1981 POSTED: July 29, 1981 EFFECTIVE DATE: August 3, 1981 —4— AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ss: COUNTY OF SNOHOMISH JACQUELINE G. PARRETT , being first duly sworn on oath deposes and says that she 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. the 29th day of _July In accordance with RCW 35A.12.160, on , 1 c�l , affiant posted true and correct copies of the attached Ordinance No. 2216 , passed by the City Council on the 28th day of July , 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 29th day of July , 1981. SUBSCRIBED AND SWORN to before me this c2l?, c, day of Notary P115 in an r the State of hin psiding at