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ORDINANCE NO. 173 --yoz <br /> AN ORDINANCE repealing Ordinance No. 556-78 for establishing <br /> special street improvement requirements for Casino Road and <br /> Ordinance No. 615-79 amending Ordinance 556-78 and Ordinance No. <br /> 671-80 amending Ordinance 556-78 substituting in their place standard <br /> street improvement requirements. <br /> WHEREAS, the City Council adopted Ordinance No. 812-81 creating Local <br /> Improvement District 709 for the complete improvement of Casino Road from <br /> Airport Road to Evergreen Way; and <br /> WHEREAS, Local Improvement District 709 provides the improvements <br /> necessary to maintain safe and efficient traffic flow and mitigate cumulative <br /> traffic impact from existing and future development along Casino Road; and <br /> WHEREAS, those street improvements provided for in Local Improvement <br /> District 709 fulfill the ultimate improvements required by Ordinance No. 556-78 <br /> and Ordinance No. 615-79 and Ordinance No. 671-80; and <br /> WHEREAS, on April 22, 1982, the Superior Court of Snohomish County <br /> granted Partial Summary Judgement on an action against the formation of Local <br /> Improvement District 709; and <br /> WHEREAS, on June 7, 1982 the Superior Court of Snohomish County granted <br /> a full dismissal on an action against Local Improvement District 709 followed by a <br /> 30 day appeal period. On July 8, 1982, Local Improvement District 709 can <br /> proceed; and <br /> WHEREAS, on July 8, 1982 there will be no further need to impose special <br /> requirements to those developments along Casino Road; and <br /> WHEREAS, the City Council of the City of Everett finds that the creation of <br /> the Cumulative Reserve Fund under Section 3 of Ordinance 556-80 was conditioned <br /> on the City's commencement of work on interim improvements to Casino Road and <br /> that the City Administration did not commence any work on said interim <br /> improvements and payments which have been received by the City were received <br /> on a preliminary basis pursuant to either SEPA or Ordinance 556-78, but none of <br /> the said payments were set aside in a Cumulative Reserve Fund pursuant to Section <br /> 3 of Ordinance 556-78 for the reason that no interim improvements to Casino Road <br /> were determined necessary because of the creation of LID 709 sooner than was <br /> contemplated; thus, the City Council further finds that none of the payments <br /> received by the City to date from property owners were retained under the <br /> conditions and presumptions of Section 3 of Ordinance 556-78 and all payments <br /> received may and should be returned to the appropriate parties and all payment <br />