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Ordinance 2327WDT:mjr 11/4/82 ORDINANCE NO. 2327 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 2200, PASSED BY THE CITY COUNCIL ON MARCH 3, 1981, AS AMENDED BY ORDINANCE NO. 2298, PASSED BY THE CITY COUNCIL ON MAY 18, 1982; CREATING LOCAL IMPROVEMENT DISTRICT NO. 209 AND PROVIDING FOR CONSTRUCTION OF A WATERLINE AND A FIRE HYDRANT, PAVING THE STREET WITH AN ASPHALT OVERLAY, INSTALLING NECESSARY DRAINAGE AND PERFORMING ANY NECESSARY GRADING OR 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 IMPROVEMENT 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 Resolu- tion 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 -1- on and before said date were duly considered and rejected by the City Council, and WHEREAS, the City Council enacted Ordinance No. 2200 on March 3, 1981 ordering formation of Local Improvement District No. 209, and WHEREAS, because the property owners wished to add certain improvements, namely a waterline, the City Council enacted Ordinance No. 2298 on May 18, 1982 which amended Ordinance No. 2200 to add a waterline to the proposed improvement, and WHEREAS, pursuant thereto the City called for bids for the construction of said improvement, and WHEREAS, due to unforeseen circumstances and the delays necessitated by the foregoing, the estimated cost and expense of the improvement now exceeds the original estimates by more than twenty-five (25) percent, and WHEREAS, the City Council deems it advisable to notify the property owners within the proposed L.I.D. in order to afford them additional opportunity to comment on the formation of the Local Improvement District, and WHEREAS, pursuant to Resolution No. 534, notice of a hearing was sent to the property owners within the proposed district in the manner provided by law, and WHEREAS, the Council has now concluded that it should go forward with the project, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: -2- Section 1. The following property within the City of Edmonds, Washington, is hereby ordered to be improved by the construction of a waterline and a fire hydrant, paving the street with an asphalt overlay, installing necessary drainage and performing any necessary grading or base preparation and related work necessary to make a complete improvement in accordance with city standards. 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 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 cost and expense of said improvement shall be assessed on all property in the district in accor- dance with the zone and termini method of assessment, or any such other assessment as provided by law. Section 4. The estimated cost and expense of the said improvement is hereby declared to be $65,985. The entire cost and expense of said improvement, including all 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, administration, printing, costs of acquisition and other expenses incidental thereto, shall be borne by and assessed against the property specially -3- benefited 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 Fund, District No. 209, hereinafter created, to bear interest from the date hereof at a rate to be established by ordinance and to be redeemed in cash, not to exceed the maximum permitted by law 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 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 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 -4- 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 collected on the several lots and parcels of land in said local improvement district; and against which fund shall be issued cash war- rants 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. Section 8. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: t MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRE VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: -5- FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: POSTED: November 10, 1982 EFFECTIVE DATE: November 15, PUBLISHED: November 15, 1982 November 4, 1982 November 9, 1982 •:. ME EXHIBIT A BOUNDARY DESCRIPTION L.I.D. NO. 209 CYRUS PLACE EXTENSION Beginning at the southwest corner of Lot 16, in Talbot Glen, as recorded in the Boob: 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"41, 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 10 day of November , 1982, affiant posted true and correct copies of the attached Ordinance No. 2327, passed by the City Council on the 9 day of November , 1982 , 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 10 day of November , 19 82 . SUBSCRIBED AND SWORN to before me this %� day of Notary Public in and for the State of Washington, residing at