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• <br /> • <br /> ORDINANCE NO. 7f--7Q <br /> AN ORDINANCE for the improvement of a portion of Xavier <br /> Way, Ballew Avenue , Pinkerton Avenue , and an unnamed right- <br /> of-way along the east margin of the Plat of Beverly View- <br /> lands Division No. 1 by the replacement of the existing <br /> water distribution system with a new water distribution <br /> system consisting of cast iron mains , fire hydrants , and <br /> appurtenances , to make a complete improvement, all in <br /> accordance with plans to be prepared by the City Engineer, <br /> creating a local improvement district fund therefore , and <br /> providing for the payment for said improvement in part <br /> by special assessments on the property in said district <br /> under mode of payment by bonds or installment notes . <br /> WHEREAS , by petition filed with the Clerk of the City of Everett, <br /> a majority of the property owners , under the provisions of RCW <br /> 35 .43. 120 and within the district in the title above described, <br /> have petitioned for construction of certain public works and have <br /> set forth and met all requirements for petitioning construction of <br /> such public works and, <br /> WHEREAS , the Council of the City of Everett finds such matter set <br /> forth in said petition to be true , and <br /> WHEREAS, the City Engineer has made a preliminary estimate of the <br /> cost and expense of the proposed improvement, a description of the <br /> boundaries of the district, a statement of what proportion of the <br /> costs and expenses of the improvement should be borne by the pro- <br /> perty within the proposed district, a statement in detail of the <br /> local improvement assessments outstanding and unpaid against the <br /> property in the proposed district, and a statement of the aggre- <br /> gate actual valuation of the real estate including 25% of the actual <br /> valuation of the improvements in the proposed district according <br /> to the valuation last placed upon it for the purposes of general <br /> taxation, and said City Engineer has prepared all other data and <br /> information required by law, and <br /> WHEREAS , the Council of the City of Everett held a hearing on the <br /> petition on April 22 , 1970 , following advertisement and public <br /> notice of the proposed improvement, and thereafter directed the <br /> City Attorney to prepare an ordinance establishing the local improve- <br /> ment district; <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: That the Council of the City of Everett finds and de- <br /> clares that the improvement hereinafter described and lawfully <br /> petitioned in the public interest and directs its construction as <br /> provided herein. <br /> Section 2: That improvement be made of a portion of Xavier Way, <br /> Ballew Avenue , Pinkerton Avenue , and an unnamed right-of-way along <br /> the east margin of the Plat of Beverly Viewlands Division No. 1 by <br /> the replacement of the existing water distribution system with a <br /> new water distribution system consisting of cast iron mains , fire <br /> hydrants , and appurtenances , in such manner as to make a complete <br /> improvement, all in accordance with plans and specifications to be <br /> prepared by the City Engineer, which plans and specifications are <br /> hereby adopted and approved. <br /> Section 3: That the cost and expenses to be borne by and assessed <br /> against the property included in the assessment district herein <br /> created shall include all necessary and incidental expenses and fees, <br /> the installation costs for any and all fire hydrants, and the dif- <br /> ference in cost, between six inch and four inch, for installing <br /> the six inch main in Pinkerton Avenue. These costs and expenses shall <br /> be assessed against the property included in the assessment district, <br /> herein created, in accordance with the special benefits derived <br /> from the improvement and without regard for the zone and termini <br /> method of calculating assessments . The remaining costs and expenses <br /> of the improvement shall be borne by the Everett Water System. <br />