Ordinance 3233ORDINANCE NO. 3233
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY THROUGH
THE EXTENSION OF SANITARY SEWER MAINS AND SERVICE TO THE
PROPERTY COMMONLY KNOWN AS THE PERRINVILLE ANNEXATION
AREA, FORMING AND ESTABLISHING LOCAL IMPROVEMENT
DISTRICT NO. 215 OF THE CITY OF EDMONDS IN ORDER TO PROVIDE
FOR THE CARRYING OUT OF SAID IMPROVEMENTS AND FOR THE
FINANCING THEREOF; PROVIDING THAT PAYMENT FOR SAID
IMPROVEMENTS BE MADE BY SPECIAL ASSESSMENTS UPON THE
PROPERTY IN THE DISTRICT AND ESTABLISHING THE ASSESSMENT
METHOD FOR DETERMINING SUCH SPECIAL ASSESSMENTS
PURSUANT TO RCW 35.51.030; PROVIDING FOR THE ISSUANCE OF LID
BONDS AND FOR THE ISSUANCE AND SALE OF LOCAL
IMPROVEMENT DISTRICT WARRANTS OR OTHER SHORT TERM
OBLIGATIONS IN ANTICIPATION OF THE ISSUANCE OF LID BONDS;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to RCW 35.43.140, the City Council has passed a
resolution initiating the formation of a local improvement district ( "the District ") for the purpose
of extending sanitary sewer mains and service to the area commonly known as the Perrinville
Annexation Area, and
WHEREAS, said resolution set December 1, 1998 as the date upon which a
public hearing would be held concerning the formation of the District, and said resolution further
provided that the City Council would consider the adoption of an assessment method which
recognizes the public land use restrictions on properties within the proposed District and assesses
all properties based upon equivalent residential units as determined under those public land use
restrictions, and
WHEREAS, the hearing was held as scheduled and all owners of property within
the proposed boundaries of the District were allowed to testify concerning the LID formation and
the proposed assessment method, and
PLID Ord /cib — 1 —
WHEREAS, the City Engineer caused an estimate to be made of the cost and
expense of the proposed improvements and certified that estimate to the City Council together
with all papers and information in his possession touching the proposed improvement, and
together with a description of the boundaries of the proposed District, and a statement of what
portion of the cost and expense of the improvement should be borne by the property within the
District, and
WHEREAS, that estimate is accompanied by a diagram of the proposed
improvement showing thereon the lots, tracts, parcels of land, and other property which will be
specially benefited by the proposed improvement and the estimated cost and expense thereof to
be borne by each lot, tract and parcel of land or other property, and
WHEREAS, the City Council has determined it to be in the best interests of the
City and of the owners of the property within the District that said sanitary sewer improvements,
as hereinafter described, be carried out and that the District be created in connection therewith
and the proposed assessment method adopted, now, therefore,
Section 1. Sanitary Sewer and Street Improvements Ordered. The City Council
of the City of Edmonds hereby orders the improvement of the streets and property hereinafter
specified by acquiring necessary rights -of -way and easements, if any are needed, by constructing
sanitary sewer mains, and by restoring streets and sidewalks where affected, together with all
necessary appurtenances and related work to make a complete improvement in accordance with
applicable City standards. The routes along which the said sanitary sewer mains will be
constructed are as follows: On Homeview Drive from Olympic View Drive to approximately
100 feet south of 180th Street S.W., on 74th Place W. from Homeview Drive and thence
approximately 300 feet south, on Ridge Way from Homeview Drive to 184th Place W . , on 184th
PLID Ord /clb - 2 -
Place W. from Ridge Way thence approximately 200 feet east, on 182nd Street S.W. from
Homeview Drive to approximately 150 feet east of 73rd Avenue W., on 73rd Avenue W. from
Olympic View Drive to approximately 100 feet South of 180th Street S.W., on 72nd Avenue W.
from Olympic View Drive to 182nd Place S.W., on 182nd Place S.W. from 72nd Avenue W.
thence approximately 350 feet east, on 70th Place W. from Olympic View Drive thence
approximately 200 feet northwest, thence approximately 200 feet north thence approximately 200
feet west, on 181st Place S.W. from 70th Place West to 72nd Avenue W., on 180th Street from
Olympic View Drive to 69th Avenue W., and on 69th Avenue W. from 180th Street S.W.
thence approximately 550 feet north.
All of the foregoing shall be in accordance with the plans and specifications therefor
prepared by the City Engineer or under his supervision, and may be modified by the City
Council as long as such modification does not affect the purpose of the improvements.
Section 2. Formation of LID. There is created and established a local
improvement district, to be called Local Improvement District No. 215 ( "the Perrinville Sanitary
Sewer LID ") of the City of Edmonds, Washington. A legal description of the District
boundaries and a map depicting the same are attached hereto as Exhibits A and B and
incorporated herein by this reference as if set forth in full.
Section 3. Cost of Improvement - Share to be Borne by Property. The total
estimated cost and expense of the improvement is declared to be $1,879,200.00. The entire cost
and expense of the improvement including all labor and materials required to make a complete
improvement, all engineering, surveying, inspection, ascertaining ownership of the lots or
parcels of land included in the District, and all advertising, mailing and publication of notices,
accounting, administrative, printing, legal, interest and other expenses incidental thereto or
PLID Ord /clb - 3 -
otherwise authorized for inclusion in the assessments by RCW 35.44.020, shall be borne by and
assessed against the property specially benefited by such improvement and included in the
District. All such assessments shall be determined as provided below.
Section 4. Assessment Method. Pursuant to RCW 35.51.030, a method of
assessment which recognizes the public land use restrictions on the properties within the local
improvement district boundaries will be applied. All such properties are designated exclusively
for single - family residential use under the applicable land use regulations. Therefore, the
assessment method for the Perrinville Sanitary Sewer LID is to assess each single - family parcel
based upon the number of equivalent residential units (" ERUs ") attributable to such parcel. The
amount to be assessed per ERU shall be determined by dividing the total amount to be assessed
against all properties within the LID by the total number of ERUs attributable to all properties
within the LID. The number of ERUs attributable to each individual assessable parcel within the
LID shall be determined as follows:
A. For each parcel which has been developed with the maximum number of
single - family dwelling units allowed given the applicable zoning regulations and parcel size, the
total number of ERUs shall be equal to the total number of single - family dwelling units; and
B. For each vacant parcel, the total number of ERUs shall be equal to the
total number of potential single- family dwelling units that could be built on the parcel under
applicable zoning regulations and if the parcel were subdivided; and
C. For each parcel which has been developed with fewer single- family
dwelling units than could be built on the parcel under applicable zoning regulations and if the
parcel were subdivided, the total number of ERUS shall be equal to the total number of existing
PLID Ord /clb - 4 -
and potential single - family dwelling units that could be built on the property under applicable
zoning regulations and it the parcel were subdivided.
Section 5. LID Warrants and Bonds. Local improvement district warrants may
be issued in payment of the cost and expense of the improvement herein ordered to be assessed,
such warrants to be paid out of the Local Improvement Fund, District No. 215, hereinafter
created and referred to as the Local Improvement Fund, and, until the bonds referred to in this
section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at
a rate to be established hereafter by the City Finance Director, as issuing officer, and to be
redeemed in cash and /or by local improvement district bonds herein authorized to be issued, such
interest- bearing warrants to be referred to hereafter as "LID Warrants." In the alternative, the
City hereafter may provide by ordinance for the issuance of other short -term obligations pursuant
to RCW Chapter 39.50.
The City is authorized to issue local improvement district bonds for the District
which shall bear interests at a rate, and to be payable on or before a date, to be hereafter fixed by
ordinance. The bonds shall be issued in exchange for and /or redemption of any and all LID
Warrants issued hereunder or other short -term obligations hereafter authorized and not redeemed
in cash within twenty days after expiration of the thirty -day period for the cash payment of
assessments without interest on the assessment roll for the District. The bonds shall be redeemed
by the collection of special assessments to be levied and assessed against the property within the
District, payable in annual installments, with interest at a rate to be hereafter fixed by the
ordinance authorizing issuance and sale of the bonds. The exact form, amount, date, interest
rate and denominations of such bonds shall be hereafter fixed by ordinance of the City Council.
Such bonds shall be sold in such manner as the City Council shall hereafter determine.
PLID Ord /clb - 5 -
Section 6. Bidding. In all cases where the work necessary to be done in
connection with the making of said improvement is carried out pursuant to contract upon
competitive bids, the call for bids shall include a statement that payment for such work will be
made in cash warrants drawn upon the Local Improvement Fund.
Section 7. LID Fund. There is created and established in the office of the City
Finance Director for the District the Local Improvement Fund, District No. 215, into which fund
shall be deposited the proceeds from the sale of LID Warrants or other short term obligations
drawn against the fund which may be issued and sold by the City and collections pertaining to
assessments, and against which fund shall be issued cash warrants to the contractor or
contractors in payment for the work to be done by them in connection with the improvement,
and against which fund cash warrants shall be issued in payment for all other items of expense in
connection with the improvement.
Section 8. Filing of Title. Within fifteen (15) days of the passage of this
ordinance there shall be filed with the City Finance Director the title of the improvement and
District number, a copy of the diagram or print showing the boundaries of the District and the
preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of
land that will be specially benefited thereby and the estimated cost and expense of such
improvement to be borne by each lot, tract or parcel of land. Upon said filing, the City Finance
Director shall immediately post the proposed assessment roll upon his index of local
improvement assessments against the properties affected by the local improvement.
Section 9. Restraint by Protest - Challenge to Assessment Method . This
ordinance, being for the formation of a local improvement district pursuant to the resolution
PLID Ord /c(b - 6 -
method authorized by RCW 35.43.130, is subject to the restraint by protest provisions of RCW
35.43.180. Challenges to the assessment method are governed by RCW 35.51.030.
Section 10. Effective Date. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject to referendum, and shall take
effect five (5) days after passage and publication of the attached summary.
APPROVED:
� 2�41 1, /� � Z-/�-
MAYOR BARBARA S. FAHEY
ATTEST /AUTHENTICATED: /---,,
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK: 11/25/98
PASSED BY THE CITY COUNCIL: 12/01/98
PUBLISHED: 12/06/98
EFFECTIVE DATE: 12/11/98
ORDINANCE NO.: 3233
PLID Ord /clb - % -
EXHIBIT A
LEGAL DESCRIPTION OF PROPOSED CITY OF EDMONDS L.I.D. #215
PERRINVILLE SANITARY SEWER L.I.D.
BEGINNING at the northwest corner of Cherry Hill Tracts as recorded in Volume 15 of
Plats, Page 24, records of Snohomish County, WA; thence southerly along the westerly
boundary of said plat to the southerly right of way margin of 180th St. SW thence easterly
along said southerly right -of -way margin to the intersection of the westerly right -of -way
margin of Olympic View Drive; thence northerly along the prolongation of said
westerly right -of -way margin to the intersection of the northerly right -of way margin of
180th St. SW also known as the southeast corner of Lot 161 of Meadowdale Beach Plat as
recorded in Volume 5 of Plats, Page 38, records of Snohomish County; thence
N89 026'33 "W 79.63 feet ; thence NO2 °14'00 "E 87.45 feet; thence S89 °57'00 "W 83.33
feet; thence S89 °57'11 "W 83.33 feet to the easterly boundary of Cherry Hill Tracts;
thence northerly along the easterly boundary of said plat to the northeast corner of the
plat; thence westerly along the northerly boundary of said plat to the POINT OF
BEGINNING. TOGETHER WITH THE FOLLOWING; BEGINNING at the southeast
corner of Homeview Addition No. 2 as recorded in Volume 16 of Plats, Page 3, records
of Snohomish County, WA; thence northerly along the easterly boundary of said plat to
the southeast corner of Lot 58 of plat; thence northwesterly along the most southerly
boundary of said Lot 58 to the northeasterly corner of Lot 55 of said plat; thence
southwesterly along the most easterly boundary of said Lot 55 to the northerly right -of-
way margin of Edmonds Beverly Park Road (Olympic View Drive); thence westerly
along said northerly right -of -way margin to the southeast corner of Lot 53 of said plat;
thence northeasterly along the most easterly boundary of said Lot 53 to the southeasterly
corner of Lot 52 of said plat; thence northwesterly along the most southerly boundary of
said Lot 52 to the easterly right -of -way margin of Homeview Drive; thence
southwesterly along an arc of said easterly right -of -way margin to the intersection of the
northerly right of way margin of Edmonds Beverly Park Road (Olympic View Drive);
thence westerly along the prolongation of an arc of said northerly right -of -way margin to
the intersection of the westerly right -of -way margin of Homeview Drive; thence
northeasterly 150.92 feet along an arc of the said westerly right -of -way margin; thence
N35 017'40 "W 93.32 feet; thence S59 °27'26 "W 101.28 feet; thence N08 °29'44 "W 14.00
feet to the southeast corner of Lot 1 of Short Plat ZA8803118 recorded AF number
8910300600 being portion of Lot 48 of said plat; thence westerly along southerly
boundary of said Lot 1 to the easterly boundary of Lot 49 of said plat; thence southerly
along easterly boundary of said Lot 49 to the northerly right -of -way margin of Edmonds
Beverly Park Road (Olympic View Drive); thence westerly along said northerly right -of-
way margin to the southwest corner of Lot 49; thence northerly along westerly boundary
of Lot 49 to the southeast corner of Lot 2 of Short Plat SP 217 (5 -79) recorded AF
number 8002260270 being portion of Lot 105 of Sea View Tracts as recorded in Volume
3 of Plats, Page 76, records of Snohomish County; thence westerly along southerly
boundary of said Lot 2 to the southwestern corner of Lot 2; thence northwesterly along
the western boundary of said Lot to the southwest corner of Lot 1 of said short plat;
thence northerly along westerly boundary of Lot 1 to the southerly boundary of Lot 7 of
Block 3 of the Plat of Admirality Acres as recorded in Volume 12 of Plats Page 48,
records of Snohomish County; thence easterly along the southerly boundary of said Lot 7
to a point lying 168.00 feet west of the of the southeast corner of said Lot 7; thence
northerly to the northerly boundary of Lot 7 to a point lying 168.00 feet west of the
northeast corner of said Lot 7; thence easterly along northerly boundary of said lot to the
westerly boundary of the Plat of Homeview Addition No. 2 as recorded in Volume 16 of
Plats Page 3, records of Snohomish County; thence northerly along said westerly
boundary to the northwestern corner of Lot 29 of said plat; thence S88 °28'00 "E 175.20
feet; thence N70 °05'00 "E 95.80 feet; thence N50 °43'00 "E 203.52 feet; thence
S86 °24' 10 "E 118.00 feet to the westerly right -of -way margin of Homeview Drive;
thence northeasterly along the said westerly right -of -way margin to the southeastern
corner of Lot 23 of said plat ; thence N20 °25'22 "W 204.01 feet to the southerly right -of-
way margin of 181St Place SW thence easterly along said southerly right -of -way margin
to the westerly right -of -way margin of Homeview Drive; thence northerly along the
prolongation of said westerly right -of -way margin to the intersection of northerly right -
of -way margin of 181St Place SW; thence westerly along said northerly right -of -way
margin to the southwest corner of Lot 9 of said plat; thence northerly along westerly
right -of -way boundary of said Lot 9 to the northwest corner of the lot; thence easterly
along the northerly boundary of Lot 9 to the northeast corner of Lot 9; thence continuing
easterly along the prolongation of the northerly boundary of Lot 9 to the easterly right -of-
way margin of Homeview Drive; thence northerly along the said easterly right -of -way
margin to the northwest corner of Lot 78 of said plat; thence easterly along the northerly
boundary of said lot to the northwest corner of Lot 52 of Plat of Homeview Addition No.
1 as recorded in Volume 13 of Plats Page 91, records of Snohomish County; thence
S88 008'50 "E 330.00 feet to the northeast corner of Lot 49 of said plat; thence
S00 032'50 "W 690.00 feet to the northwest corner of Lot 11 of said plat; thence easterly
along the northerly boundary of said Lot 11 to the westerly right -of -way margin of 72"d
Avenue W.; thence continuing easterly along the prolongation of the northerly boundary
of Lot 11 to the easterly right -of -way margin of 72 °d Avenue W.; thence northerly along
the prolongation of the said easterly right -of -way margin to the intersection of the
northerly right -of -way margin of 181St Place SW; thence N00 °32'50 "E 108.38 feet;
thence S 88 °08'50 "E 150.00 feet to the southwest corner of Lot 5 of the Plat of Madrona
Hill as recorded in Volume 19 of Plats Page 115 records of Snohomish County; thence
northerly along the westerly boundary of said plat to the northwest corner of Lot 7 of said
plat; thence S 88 008'50 "E 485.34 feet to the easterly boundary of said plat; thence
southerly along the prolongation of said easterly boundary to the westerly right -of -way
margin of Olympic View Drive; thence southwesterly along an arc of said westerly right-
of-way margin 31.15 feet; thence N 88005'15"W 218.60 feet; thence S 45 054'48 "E
156.44 feet to the westerly right -of -way margin of Olympic View Drive; thence
southwesterly along an arc of said westerly right -of -way margin to the intersection of the
southerly boundary line of Lore -Ondo Park as recorded in Volume 20 of Plats Page 63
records of Snohomish County; thence westerly along the southerly boundary of said plat
to the northeast corner of a lot defined as the west 120 feet of the north 75 feet of the
north 155 feet of the south 330 feet of the SW t/4 of the NE' /4 of the NW '/4 of Section 17,
Township 27 North, Range 4 East, W.M.; thence southerly 75.0 feet along the easterly
boundary of said lot to the southeast corner of said lot; thence westerly 10.00 feet along
the southerly boundary of said lot to the northeast corner of a lot defined as the west 110
feet of the south 80 feet of the north 155 feet of the south 330 feet of the SW 1/4 of the NE
1/4 of the NW 1/4 of said Section 17; thence southerly 80.0 feet along the easterly boundary
of said lot to the southeast corner of the lot; thence westerly 20.00 feet along the
southerly boundary of said lot to the northeast corner of a lot defined as the west 90.0 feet
of the north 87.5 feet of the south 175 feet of the SW 1/4 of the NE 1/4 of the NW 1/4 of said
Section 17; thence southerly along the easterly boundary of said lot to the southeast
corner of the said lot; thence easterly along the prolongation of the southerly boundary of
said lot to the westerly right -of -way margin of Olympic View Drive; thence
southwesterly along said westerly right -of -way margin to the southeast corner of a lot
defined as the south 87.5 feet of that portion of the SW %4 of the NE 1/4 of the NW '/a of
said Section 17 lying westerly of Edmonds Road as measured along west line of said
subdivision; thence westerly along the southerly boundary of said lot to the easterly right -
of -way margin of 72nd Avenue West; thence southerly along said easterly right -of -way
margin to the westerly right -of -way margin of Olympic View Drive; thence
southwesterly along the prolongation of said westerly right -of -way margin to the
southeast corner of Lot 23 of the plat of the aforementioned Homeview Addition Number
1; thence westerly along the southerly boundary of said Lot 23 to the northeast corner of
Lot 27 of said plat; thence southerly along the easterly boundary of said Lot 27 to the
northeast corner of Lot 26 of said plat; thence southerly along the easterly boundary of
said Lot 26 to the southeast corner of Lot 26; thence westerly along the southerly
boundary of said Lot 26 to the easterly right -of -way margin of 73`d Avenue West; thence
southerly along said easterly right -of -way margin to the intersection of County Road
(Olympic View Drive); thence southwesterly along the prolongation of the arc of the
northerly right -of -way mar in of Olympic View Drive to the intersection of the westerly
right -of -way margin of 73` Avenue West; thence northerly along said westerly right -of-
way margin to the southeast corner of Lot 77 of said plat thence westerly along the
southerly boundary of said Lot 77 to the POINT OF BEGINNING.
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EXHIBIT B
MAP OF L.I.D. AREA
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SUMMARY OF ORDINANCE NO. 3233
of the City of Edmonds, Washington
On the 1st day of December, 1998, the City Council of the City of Edmonds, passed
Ordinance No. 3233. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ORDERING THE
IMPROVEMENT OF CERTAIN PROPERTY THROUGH THE EXTENSION OF
SANITARY SEWER MAINS AND SERVICE TO THE PROPERTY COMMONLY KNOWN
AS THE PERRINVILLE ANNEXATION AREA, FORMING AND ESTABLISHING LOCAL
IMPROVEMENT DISTRICT NO. 215 OF THE CITY OF EDMONDS IN ORDER TO
PROVIDE FOR THE CARRYING OUT OF SAID IMPROVEMENTS AND FOR THE
FINANCING THEREOF; PROVIDING THAT PAYMENT FOR SAID IMPROVEMENTS BE
MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY IN THE DISTRICT AND
ESTABLISHING THE ASSESSMENT METHOD FOR DETERMINING SUCH SPECIAL
ASSESSMENTS PURSUANT TO RCW 35.51.050; PROVIDING FOR THE ISSUANCE OF
LID BONDS AND FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT
DISTRICT WARRANTS OR OTHER SHORT TERM OBLIGATIONS IN ANTICIPATION
OF THE ISSUANCE OF LID BONDS; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of December, 1998.
CITY CLERK, SANDRA S. CHASE
PLID Ord /cib - 1 -
RCW 35.43.130 Preliminary estimates and assessment roll.
Upon the filing of a petition or upon the adoption of a resolution, as the case may be, initiating a
proceeding for the formation of a local improvement district or utility local improvement district,
the proper board, officer, or authority designated by charter or ordinance to make the preliminary
estimates and assessment roll shall cause an estimate to be made of the cost and expense of the
proposed improvement and certify it to the legislative authority of the city or town together with
all papers and information in its possession touching the proposed improvement, a description of
the boundaries of the district, and a statement of what portion of the cost and expense of the
improvement should be borne by the property within the proposed district.
If the proceedings were initiated by petition the designated board, officer or authority
shall also determine the sufficiency of the petition and whether the facts set forth therein are true.
If the petition is found to be sufficient and in all proceedings initiated by resolution of the
legislative authority of the city or town, the estimates must be accompanied by a diagram
showing thereon the lots, tracts, and parcels of land and other property which will be specially
benefited by the proposed improvement and the estimated amount of the cost and expense
thereof to be borne by each lot, tract, or parcel of land or other property: PROVIDED, That no
such diagram shall be required where such estimates are on file in the office of the city engineer,
or other designated city office, together with a detailed copy of the preliminary assessment roll
and the plans and assessment maps of the proposed improvement.
For the purpose of estimating and levying local improvement assessments, the value of
property of the United States, of the state, or of any county, city, town, school district, or other
public corporation whose property is not assessed for general taxes shall be computed according
to the standards afforded by similarly situated property which is assessed for general taxes.
[1983 c 303 § 1; 1967 c 52 § 6; 1965 c 7 § 35.43.130. Prior: 1957 c 144 § 7; prior: 1953 c 26 §
1. (i) 1911 c 98 § 9, part; RRS § 9360, part. (ii) 1929 c 97 § 1, part; 1911 c 98 § 10, part; RRS §
9361, part. (iii) 1949 c 28 § 1, part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c 135 § 1,
part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 § 12, part; Rem. Supp. 1949 § 9363,
part. (iv) 1927 c 209 § 4, part; 1923 c 141 § 4, part; RRS § 9351 -4, part.]
NOTES:
Severability- -1983 c 303: See RCW 36.60.905.
Construction -- Severability- -1967 c 52: See notes following RCW 35.43.042.
Page [ 1 ]
Filed with City Clerk:
Adopted by Reference
Ordinance # �5,2.33 on
.Idt.W�41- City Clerk
RCW 35.43.180 Restraint by protest.
The jurisdiction of the legislative authority of a city or town to proceed with any local
improvement initiated by resolution shall be divested by a protest filed with the city or town
council within thirty days from the date of passage of the ordinance ordering the improvement,
signed by the owners of the property within the proposed local improvement district or utility
local improvement district subject to sixty percent or more of the total cost of the improvement
including federally -owned or other nonassessable property as shown and determined by the
preliminary estimates and assessment roll of the proposed improvement district or, if all or part
of the local improvement district or utility local improvement district lies outside of the city or
town, such jurisdiction shall be divested by a protest filed in the same manner and signed by the
owners of property which is within the proposed local improvement district or utility local
improvement district but outside the boundaries of the city or town, and which is subject to sixty
percent or more of that part of the total cost of the improvement allocable to property within the
proposed local improvement district or utility local improvement district but outside the
boundaries of the city or town, including federally -owned or other nonassessable property:
PROVIDED, That such restraint by protest shall not apply to any of the following local
improvements, if the legislative body finds and recites in the ordinance or resolution authorizing
the improvement that such improvement is necessary for the protection of the public health and
safety and such ordinance or resolution is passed by unanimous vote of all members present: (1)
Sanitary sewers or watermains where the health officer of the city or town, or department of
ecology, files with the legislative authority a report showing the necessity for such improvement;
and (2) fire hydrants where the chief of the fire department files a report showing the necessity
for such improvement. [1983 c 303 § 3; 1967 c 52 § 8; 1965 c 58 § 2; 1965 c 7 § 35.43.180.
Prior: 1963 c 56 § 2; 1957 c 144 § 12; prior: 1949 c 28 § 1, part; 1931 c 85 § 1, part; 1927 c 109
§ 1, part; 1923 c 135 § 1, part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 § 12, part;
Rem. Supp. 1949 § 9363, part.]
NOTES:
Severability -4983 c 303: See RCW 36.60.905.
Construction-- Severability-4967 c 52: See notes following RCW 35.43.042.
Page [ 1 ]
Filed with City Clerk:
Adopted by Reference
Ordinance #
City Clerk
RCW 35.43.140 Resolutions -- Contents, publication -- Hearing, by whom held.
Any local improvement to be paid for in whole or in part by the levy and collection of
assessments upon the property within the proposed improvement district may be initiated by a
resolution of the city or town council or other legislative authority of the city or town, declaring
its intention to order the improvement, setting forth the nature and territorial extent of the
improvement, containing a statement that actual assessments may vary from assessment
estimates so long as they do not exceed a figure equal to the increased true and fair value the
improvement, or street lighting, adds to the property, and notifying all persons who may desire to
object thereto to appear and present their objections at a time to be fixed therein.
In the case of trunk sewers and trunk water mains the resolution must describe the routes
along which the trunk sewer, subsewer and branches of trunk water main and laterals are to be
constructed.
In case of dikes or other structures to protect the city or town or any part thereof from
overflow or to open, deepen, straighten, or enlarge watercourses, waterways and other channels
the resolution must set forth the place of commencement and ending thereof and the route to be
used.
In the case of auxiliary water systems, or extensions thereof or additions thereto for
protection of the city or town or any part thereof from fire, the resolution must set forth the routes
along which the auxiliary water system or extensions thereof or additions thereto are to be
constructed and specifications of the structures or works necessary thereto or forming a part
thereof.
The resolution shall be published in at least two consecutive issues of the official
newspaper of the city or town, the first publication to be at least fifteen days before the day fixed
for the hearing.
The hearing herein required may be held before the city or town council, or other
legislative authority, or before a committee thereof. The legislative authority of a city or town
may designate an officer to conduct the hearings. The committee or hearing officer shall report
recommendations on the resolution to the legislative authority for final action. [1994 c 71 § 2;
1989 c 243 § 2; 1985 c 469 § 29; 1984 c 203 § 1; 1965 c 7 § 35.43.140. Prior: 1957 c 144 § 8;
prior: 1953 c 177 § 1. (i) 1929 c 97 § 1, part; 1911 c 98 § 10, part; RRS § 9361, part. (ii) 1911 c
98 § 16, part; RRS § 9368, part. (iii) 1911 c 98 § 17, part; RRS § 9369, part. (iv) 1911 c 98 §
18, part; RRS § 9370, part.]
NOTES:
Severability- -1984 c 203: "If any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected." [1984 c 203 § 10.]
Filed with City Clerk:
Adopted by Reference
Ordinance # .3Z33 on
1 .9;( Page [ 1 ] city C
RCW 35.44.020 Assessment district - -Cost items to be included.
There shall be included in the cost and expense of every local improvement for assessment
against the property in the district created to pay the same, or any part thereof:
(1) The cost of all of the construction or improvement authorized for the district
including, but not limited to, that portion of the improvement within the street intersections;
(2) The estimated cost and expense of all engineering and surveying necessary for the
improvement done under the supervision of the city or town engineer;
(3) The estimated cost and expense of ascertaining the ownership of the lots or parcels of
land included in the assessment district;
(4) The estimated cost and expense of advertising, mailing, and publishing all necessary
notices;
(5) The estimated cost and expense of accounting, clerical labor, and of books and blanks
extended or used on the part of the city or town clerk and city or town treasurer in connection
with the improvement;
(6) All cost of the acquisition of rights of way, property, easements, or other facilities or
rights, including without limitation rights to use property, facilities, or other improvements
appurtenant, related to, and/or useful in connection ' with the local improvement, whether by
eminent domain, purchase, gift, payment of connection charges, capacity charges, or other
similar charges or in any other manner;
(7) The cost for legal, financial, and appraisal services and any other expenses incurred by
the city, town, or public corporation for the district or in the formation thereof, or by the city,
town, or public corporation in connection with such construction or improvement and in the
financing thereof, including the issuance of any bonds and the cost of providing for increases in
the local improvement guaranty fund, or providing for a separate reserve fund or other security
for the payment of principal of and interest on such bonds.
Any of the costs set forth in this section may be excluded from the cost and expense to be
assessed against the property in such local improvement district and may be paid from any other
moneys available therefor if the legislative body of the city or town so designates by ordinance at
any time. [1995 c 382 § 1; 1987 'c 242 § 4; 1985 c 397 § 4; 1971 ex.s. c 116 § 8; 1969 ex.s. c
258 § 6; 1965 c 7 § 35.44.020. Prior: 1955 c 364 § 1; 1911 c 98.§ 55; RRS § 9408.1
NOTES:
Policy - -1987 c 242: See note following RCW 35.43.005.
Authority supplemental -- Severability --1985 c 397: See RCW 35.51.900 and 35.51.901.
Page [ 1 ]
Filed with City Clerk: // -a5- 9'g
Adopted by Reference
Ordinance #.0 ?33 on /24-98
City Clerk
RCW 35.51.030 Alternative or additional method of assessment -- Classification of
property.
(1) As an alternative or in addition to other methods of ascertaining assessments for local
improvements, the legislative authority of a municipality may develop and apply a system of
classification of properties based upon some or all of the public land use restrictions or private
land use restrictions to which such property may be put at the time the assessment roll is
confirmed.
(2) The legislative authority of a municipality may classify property into office, retail,
residential, public, or any other classifications the legislative authority finds reasonable, and may
levy special assessments upon different classes of property at different rates, but in no case may a
special assessment exceed the special benefit to a particular property. A municipality also may
exempt certain classes of property from assessment if the legislative authority of the municipality
determines that properties within such classes will not specially benefit from the improvement.
(3) For each property within a classification, the legislative authority of the municipality
may determine the special assessment after consideration of any or all of the following:
(a) Square footage of the property;
(b) Permissible floor area;
(c) Distance from or proximity of access to the local improvement;
(d) Private land use restrictions and public land use restrictions;
(e) Existing facilities on the property at the time the assessment roll is confirmed; and
(f) Any other factor the legislative authority finds to be a reasonable measure of the
special benefits to the properties being assessed.
(4) If after the assessment roll is confirmed, the legislative authority of a municipality
finds that the lawful uses of any assessed property have changed and that the property no longer
falls within its original classification, the legislative authority may, in its discretion, reclassify
and reassess such property whether or not the bonds issued to pay any part of such costs remain
outstanding. if such reassessment reduces the total outstanding assessments within the local
improvement district, the legislative authority shall either reassess all other properties upward in
an aggregate amount equal to such reduction, or shall pledge additional money, including money
in a reserve fund, to the payment of principal of and interest on such bonds in an amount equal to
such reduction.
(5) When the legislative authority of a municipality determines that it will use the
alternative or additional method of assessment authorized by this section, it may select and
describe the method or methods of assessment in the ordinance ordering a local improvement and
creating a local improvement district if such method or methods of assessment have been
described in the notice of hearing required under RCW 35.43.150. If the method or methods of
assessment are so selected and described in the ordinance ordering a local improvement and
creating a local improvement district, the action and decision of the legislative authority as to
such method or methods of assessment shall be final and conclusive, and no lawsuit whatsoever
may be maintained challenging such method or methods of assessment unless that lawsuit is
served and filed no later than thirty days after the date of passage of the ordinance ordering the
improvement, and creating the district or, when applicable, no later than thirty days after the
expiration of the thirty-day protest period provided in RCW 35.43.180. [1985 c 397 § 7.]
Page [ 1 ]
Filed with City Clerk:
Adopted by Reference
Ordinance # 3,233 on /,? -/- 98
t�redie� .e/ '6e"
City Clerk
CHAPTER 39.50 RCW
SHORT -TERM OBLIGATIONS -- MUNICIPAL CORPORATIONS
Sections
39.50.010 Definitions.
39.50.020 Short-term obligations authorized.
39.50.030 Issuance of short-term obligations -- Procedure -- Interest rate -- Contracts for future
sale.
39.50.040 Refunding and renewal of short-term obligations.
39.50.050 Short-term obligations -- Security.
39.50.060 Nonvoted general indebtedness.
39.50.070 Funds for payment of principal and interest.
39.50.900 Chapter cumulative -- Applicability to joint operating agencies.
RCW 39.50.010 Definitions.
As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Governing body" means the legislative authority of a municipal corporation by
whatever name designated;
(2) "Local improvement district" includes local improvement districts, utility local
improvement districts, road improvement districts, and other improvement districts that a
municipal corporation is authorized by law to establish;
(3) "Municipal corporation" means any city, town, county, water district, sewer district,
school district, port district, public utility district, metropolitan municipal corporation, public
transportation benefit area, park and recreation district, irrigation district, or fire. protection
district or any other municipal or quasi municipal corporation described as such by statute,
except joint operating agencies under chapter 43.52 RCW;
(4) "Ordinance" means an ordinance of a city or town or resolution or other instrument by
which the governing body of the municipal corporation exercising any power under this chapter
takes formal action and adopts legislative provisions and matters of some permanency; and
(5) "Short-term obligations" are warrants, notes, or other evidences of indebtedness,
except bonds. [1985 c 332 § 8; 1982 c 216 § 2.]
RCW 39.50.020 Short -term obligations authorized.
Subject to any applicable budget requirements, any municipal corporation may borrow money
and issue short-term obligations as provided in this chapter, the proceeds of which may be used
for any lawful purpose of the municipal corporation. Short-term obligations may be issued in
anticipation of the receipt of revenues, taxes, or grants or the sale of (1) general obligation bonds
if the bonds may be issued without the assent of the voters or if previously ratified by the voters;
(2) revenue bonds if the bonds have been authorized by ordinance; (3) local improvement district
bonds if the bonds have been authorized by ordinance. These short-term obligations shall be
repaid out of money derived from the source or sources in anticipation of which they were issued
or from any money otherwise legally available for this purpose. [1982 c 216 § 3.]
RCW 39.50.030 Issuance of short -term obligations -- Procedure -- Interest
rate -- Contracts for future sale.
(1) The issuance of short-term obligations shall be authorized by ordinance of the
governing body which ordinance shall fix the maximum amount of the obligations to be issued
Page [ 1 ] 12/08/98
or, if applicable, the maximum amount which may be outstanding at any time, the maximum
term and interest rate or rates to be borne thereby, the manner of sale, maximum price, form
including bearer or registered as provided in RCW 39.46.030, terms, conditions, and the
covenants thereof. The ordinance may provide for designation and employment of a paying
agent for the short-term obligations and may authorize a designated representative of the
municipal corporation, or if the county, the county treasurer to act on its behalf and subject to the
terms of the ordinance in selling and delivering short-term obligations authorized and fixing the
dates, price, interest rates, and other details as may be specified in the ordinance. Short-term
obligations issued under this section shall bear such fixed or variable rate or rates of interest as
the governing body considers to be in the best interests of the municipal corporation. Variable
rates of interest may be fixed in relationship to such standard or index as the governing body
designates.
The governing body may make contracts for the future sale of short-term obligations
pursuant to which the purchasers are committed to purchase the short-term obligations from time
to time on the terms and conditions stated in the contract, and may pay such consideration as it
considers proper for the commitments. Short-term obligations issued in anticipation of the
receipt of taxes shall be paid within six months from the end of the fiscal year in which they are
issued. For the purpose of this subsection, short-term obligations issued in anticipation of the
sale of general obligation bonds shall not be considered to be obligations issued in anticipation of
the receipt of taxes.
(2) Notwithstanding subsection (1) of this section, such short-term obligations may be
issued and sold in accordance with chapter 39.46 RCW. [1995 c 38 § 9; 1994 c 301 § 13; 1985 c
71 § 1; 1983 c 167 § 112; 1982 c 216 § 4.]
NOTES:
Acts of municipal officers ratified and confirmed -1995 c 38: See note following RCW 3.02.045.
Liberal construction -- Severability- -1983 c 167: See RCW 39.46.010 and note following.
RCW 39.50.040 Refunding and renewal of short -term obligations.
Short-term obligations may, from time to time, be renewed or refunded by the issuance of
short-term obligations and may be funded by the issuance of revenue, local improvement district,
special assessment, or general obligation bonds. Short-term obligations payable from taxes shall
not be renewed or refunded to a date later than six months from the end of the fiscal year in
which the original short-term obligation was issued. For the purpose of this section, short-term
obligations issued in anticipation of the sale of general obligation bonds shall not be considered
to be short-term obligations payable from taxes. [1985 c 332 § 9; 1985 c 71 § 2; 1982 c 216 § 5.]
RCW 39.50.050 Short -term obligations -- Security.
Short-term obligations issued in anticipation of the receipt of taxes or the sale of general
obligation bonds and the interest thereon shall be secured by the full faith, credit, taxing power,
and resources of the municipal corporation. Short-term obligations issued in anticipation of the
sale of revenue or local improvement district bonds and the interest thereon may be secured in
the same manner as the revenue and local improvement district bonds in anticipation of which.
the obligations are issued and by an undertaking to issue the bonds. Short-term obligations
issued in anticipation of grants, loans;.or other sources of money shall be secured in the manner
set forth in the ordinance authorizing their issuance. [1982 c 216 § 6.1
RCW 39.50.060 Nonvoted general indebtedness.
A municipal corporation may incur nonvoted general indebtedness under this chapter up to an
amount which, when added to all other authorized and outstanding nonvoted indebtedness of the
Page [ 2 ] 12/08/98
r
4'
y municipal corporation, is equal to the maximum amount of indebtedness the municipal
corporation is otherwise permitted to incur without a vote of the electors. [1982 c 216 § 7.]
RCW 39.50.070 Funds for payment of principal and interest.
i or the purpose of providing funds for the payment of principal of and interest on short-term
obligations, the governing body may authorize the creation of a special fund or funds and provide
for the payment from authorized sources to such funds of amounts sufficient to meet principal
and interest requirements. [1982 c 216 § 8.]
RCW 39.50.900 Chapter cumulative -- Applicability to joint operating agencies.
The authority granted by this chapter shall be in addition and supplemental to any authority
previously granted and shall not limit any other powers or authority previously granted to any
municipal corporation. The authority granted by this chapter to public utility districts organized
under Title 54 RCW shall not extend to joint operating agencies organized under chapter 43.52
RCW. [1982 c 216 § 9.]
Page[3]
Filed with City Clerk: /&7,4_98'
Adopted by Reference
Ordinance # 3 -7.33 on
G�ity Clerk
RCW 35.43.130 Preliminary estimates and assessment roll.
Upon the filing of a petition or upon the adoption of a resolution, as the case may be, initiating a
proceeding for the formation of a local improvement district or utility local improvement district,
the proper board, officer, or authority designated by charter or ordinance to make the preliminary
estimates and assessment roll shall cause an estimate to be made of the cost and expense of the
proposed improvement and certify it to the legislative authority of the city or town together with
all papers and information in its possession touching the proposed improvement, a description of
the boundaries of the district, and a statement of what portion of the cost and expense of the
improvement should be borne by the property within the proposed district.
If the proceedings were initiated by petition the designated board, officer or authority
shall also determine the sufficiency of the petition and whether the facts set forth therein are true.
If the petition is found to be sufficient and in all proceedings initiated by resolution of the
legislative authority of the city or town, the estimates must be accompanied by a diagram
showing thereon the lots, tracts, and parcels of land and other property which will be specially
benefited by the proposed improvement and the estimated amount of the cost and expense
thereof to be borne by each lot, tract, or parcel of land or other property: PROVIDED, That no
such diagram shall be required where such estimates are on file in the office of the city engineer,
or other designated city office, together with a detailed copy of the preliminary assessment roll
and the plans and assessment maps of the proposed improvement.
For the purpose of estimating and levying local improvement assessments, the value of
property of the United States, of the state, or of any county, city, town, school district, or other
public corporation whose property is not assessed for general taxes shall be computed according
to the standards afforded by similarly situated property which is assessed for general taxes.
[1983 c 303 § 1; 1967 c 52 § 6; 1965 c 7 § 35.43.130. Prior: 1957 c 144 § 7; prior: 1953 c 26 §
1. (i) 1911 c 98 § 9, part; RRS § 9360, part. (ii) 1929 c 97 § 1, part; 1911 c 98 § 10, part; RRS §
9361, part. (iii) 1949 c 28 § 1, part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c 135 § 1,
part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 § 12, part; Rem. Supp. 1949 § 9363,
part. (iv) 1927 c 209 § 4, part; 1923 c 141 § 4, part; RRS § 9351 -4, part.]
NOTES:
Severability- -1983 c 303: See RCW 36.60.905.
Construction-- Severability- -1967 c 52: See notes following RCW 35.43.042.
Page[ 1 ]
Filed with City Clerk: // -"?5 - }8
Adopted by Reference
Ordinance #_3233 on
City Clerk
RCW 35.43.180 Restraint by protest.
The jurisdiction of the legislative authority of a city or town to proceed with any local
improvement initiated by resolution shall be divested by a protest filed with the city or town
council within thirty days from the date of passage of the ordinance ordering the improvement,
signed by the owners of the property within the proposed local improvement district or utility
local improvement district subject to sixty percent or more of the total cost of the improvement
including federally -owned or other nonassessable property as shown and determined by the
preliminary estimates and assessment roll of the proposed improvement district or, if all or part
of the local improvement district or utility local improvement district lies outside of the city or
town, such jurisdiction shall be divested by a protest filed in the same manner and signed by the
owners of property which is within the proposed local improvement district or utility local
improvement district but outside the boundaries of the city or town, and which is subject to sixty
percent or more of that part of the total cost of the improvement allocable to property within the
proposed local improvement district or utility local improvement district but outside the
boundaries of the city or town, including federally -owned or other nonassessable property:
PROVIDED, That such restraint by protest shall not apply to any of the following local
improvements, if the legislative body finds and recites in the ordinance or resolution authorizing
the improvement that such improvement is necessary for the protection of the public health and
safety and such ordinance or resolution is passed by unanimous vote of all members present: (1)
Sanitary sewers or watermains where the health officer of the city or town, or department of
ecology, files with the legislative authority a report showing the necessity for such improvement;
and (2) fire hydrants where the chief of the fire department files a report showing the necessity
for such improvement. [1983 c 303 § 3; 1967 c 52 § 8; 1965 c 58 § 2; 1965 c 7 § 35.43.180.
Prior: 1963 c 56 § 2; 1957 c 144 § 12; prior: 1949 c 28 § 1, part; 1931 c 85 § 1, part; 1927 c 109
§ 1, part; 1923 c 135 § 1, part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98. § 12, part;
Rem. Supp. 1949 § 9363, part.]
NOTES:
Severability- -1983 c 303: See RCW 36.60.905.
Construction -- Severability- -1967 c 52: See notes following RCW 35.43.042.
Page [ 1 J
Filed with City Clerk: 1f -a?5- 98
Adopted by Reference
Ordinance # 3a33 on
City Clerk
RCW 35.43.140 Resolutions -- Contents, publication -- Hearing, by whom held.
Any local improvement to be paid for in whole or in part by the levy and collection of
assessments upon the property within the proposed improvement district may be initiated by a
resolution of the city or town council or other legislative authority of the city or town, declaring
its intention to order the improvement, setting forth the nature and territorial extent of the
improvement, containing a statement that actual assessments may vary from assessment
estimates so long as they do not exceed a figure equal to the increased true and fair value the
improvement, or street lighting, adds to the property, and notifying all persons who may desire to
object thereto to appear and present their objections at a time to be fixed therein.
In the case of trunk sewers and trunk water mains the resolution must describe the routes
along which the trunk sewer, subsewer and branches of trunk water main and laterals are to be
constructed.
In case of dikes or other structures to protect the city or town or any part thereof from
overflow or to open, deepen, straighten, or enlarge watercourses, waterways and other channels
the resolution must set forth the place of commencement and ending thereof and the route to be
used.
In the case of auxiliary water systems, or extensions thereof or additions thereto for
protection of the city or town or any part thereof from fire, the resolution must set forth the routes
along which the auxiliary water system or extensions thereof or additions thereto are to be
constructed and specifications of the structures or works necessary thereto or forming a part
thereof.
The resolution shall be published in at least two consecutive issues of the official
newspaper of the city or town, the first publication to be at least fifteen days before the day fixed
for the hearing.
The hearing herein required may be held before the city or town council, or other
legislative authority, or before a committee thereof. The legislative authority of a city or town
may designate an officer to conduct the hearings. The committee or hearing officer shall report
recommendations on the resolution to the legislative authority for final action. [1994 c 71 § 2;
1989 c 243 § 2; 1985 c 469 § 29; 1984 c 203 § 1; 1965 c 7 § 35.43.140. Prior: 1957 c 144 § 8;
prior: 1953 c 177 § 1. (i) 1929 c 97 § 1, part; 1911 c 98 § 10, part; RRS § 9361, part. (ii) 1911 c
98 § 16, part; RRS § 9368, part. (iii) 1911 c 98 § 17, part; RRS § 9369, part. (iv) 1911 c 98 §
18, part; RRS § 9370, part.]
NOTES:
Severability --1984 c 203: "If any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected." [1984 c 203 § 10.]
Page [ 1. ]
Filed with City Clerk: 11-X5- 9$
Adopted by Reference
Ordinance # 3Z33 on
City Clerk
RCW 35.44.020 Assessment district - -Cost items to be included.
There shall be included in the cost and expense of every local improvement for assessment
against the property in the district created to pay the same, or any part thereof:
(1) The cost of all of the construction or improvement authorized for the district
including, but not limited to, that portion of the improvement within the street intersections;
(2) The estimated cost and expense of all engineering and surveying necessary for the
improvement done under the supervision of the city or town engineer;
(3) The estimated cost and expense of ascertaining the ownership of the lots or parcels of
land included in the assessment district;
(4) The estimated cost and expense of advertising, mailing, and publishing all necessary
notices;
(5) The estimated cost and expense of accounting, clerical labor, and of books and blanks
extended or used on the part of the city or town clerk and city or town treasurer in connection
with the improvement;
(6) All cost of the acquisition of rights of way, property, easements, or other facilities or
rights, including without limitation rights to use property, facilities, or other improvements
appurtenant, related to, and/or useful in connection with the local improvement, whether by
eminent domain, purchase, gift, payment of connection charges, capacity charges, or other
similar charges or in any other manner;
(7) The cost for legal, financial, and appraisal services and any other expenses incurred by
the city, town, or public corporation for the district or in the formation thereof, or by the city,
town, or public corporation in connection with such construction or improvement and in the
financing thereof, including the issuance of any bonds and the cost of providing for increases in
the local improvement guaranty fund, or providing for a separate reserve fund or other security
for the payment of principal of and interest on such bonds.
Any of the costs set forth in this section may be excluded from the cost and expense to be
assessed against the property in such local improvement district and may be paid from any other
moneys available therefor if the legislative body of the city or town so designates by ordinance at
any time. [1995 c 382 § 1; 1987 c 242 § 4; 1985 c 397 § 4; 1971 ex.s. c 116 § 8; 1969 ex.s. c
258 § 6; 1965 c 7 § 35.44.020. Prior: 1955 c 364 § 1; 1911 c 98 § 55; RRS § 9408.]
NOTES:
Policy - -1987 c 242: See note following RCW 35.43.005.
Authority supplemental-- Severability- -1985 c 397: See RCW 35.51.900 and 35.51.901.
Page [ 1 ]
Filed with City Clerk:
Adopted by Reference
Ordinance # g? on
City Clerk
RCW 35.51.030 Alternative or additional method of assessment -- Classification of
property.
(1) As an alternative or in addition to other methods of ascertaining assessments for local
improvements, the legislative authority of a municipality may develop and apply a system of
classification of properties based upon some or all of the public land use restrictions or private
land use restrictions to which such property may be put at the time the assessment roll is
confirmed.
(2) . The legislative authority of a municipality may classify property into office, retail,
residential, public, or any other classifications the legislative authority finds reasonable, and may
levy special assessments upon different classes of property at different rates, but in no case may a
special assessment exceed the special benefit to a particular property. A municipality also may
exempt certain classes of property from assessment if the legislative authority of the municipality
determines that properties within such classes will not specially benefit from the improvement.
(3) For each property within a classification, the legislative authority of the municipality
may determine the special assessment after consideration of any or all of the following:
(a) Square footage of the property;
(b) Permissible floor area;
(c) Distance from or proximity of access to the local improvement;
(d) Private land use restrictions and public land use restrictions;
(e) Existing facilities on the property at the time the assessment roll is confirmed; and
(f) Any other factor the legislative authority finds to be a reasonable measure of the
special benefits to the properties being assessed.
(4) If after the assessment roll is confirmed, the legislative authority of a municipality
finds that the lawful uses of any assessed property have changed and that the property no longer
falls within its original classification, the legislative authority may, in its discretion, reclassify
and reassess such property whether or not the bonds issued to pay any part of such costs remain
outstanding. If such reassessment reduces the total outstanding assessments within the local
improvement district, the legislative authority shall either reassess all other properties upward in
an aggregate amount equal to such reduction, or shall pledge additional money, including money
in a reserve fund, to the payment of principal of and interest on such bonds in an amount equal to
such reduction.
(5) When the legislative authority of a municipality determines that it will use the
alternative or additional method of assessment authorized by this section, it may select and
describe the method or methods of assessment in the ordinance ordering a local improvement and
creating a local improvement district if such method or methods of assessment have been
described in the notice of hearing required under RCW 35.43.150. If the method or methods of
assessment are so selected and described in the ordinance ordering a local improvement and
creating a local improvement district, the action and decision of the legislative authority as to,
such method or methods of assessment shall be final and conclusive, and no lawsuit whatsoever
may be maintained challenging such method or methods of assessment unless that lawsuit is
served and filed no later than thirty days after the date of passage of the ordinance ordering the
improvement, and creating the district or, when applicable, no later than thirty days after the
expiration of the thirty -day protest period provided in RCW 35.43.180. [1985 c 397 § 7.]
Page[ 1 ]
Filed with City Clerk: / /-a?5 - 98
Adopted by Reference
Ordinance # 3,2.33 on /.? -/- 98
City Clerk
STATE Or WASHINGTON, ss
COUNTY Or SNOHOYASH,
On the 1st day of December, 1998, the City .douncil of the City of
Edmonds, passed Ordinance No. 3233. A summary of the Content
of said ordinance, consisting of the title, pprovides as follows:
AN ORDINANCE OF THE CITY nF pnmr)mnc ....�.,.., _ ..
'HTY COMMONLY KNi
f10N AREA, FOF
�ROVEMENT DISTRIC'
IN ORDER TO PROV
) IMPROVEMENTS At
DVIDING THAT PAYME
BY SPEGAL ASSESS
DISTRICT AND ESTAE
OR DETERMINING St
T TO RCW 35.51.05(
:),BONDS AND FOR 11
DVEMENT DISTRICT W
DATE.- --
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of December, 1998.
^„ CITY CLERK, SANDRA S. CHASE I
oc�irvrvimv or the northwest comer of Cherry Hill Tracts as
recorded in Volume 15 of Plats, Page 24, records of Snohomish
County, WA; thence southerly along the westerly boundary of said
P
lat to the southerly light of way margin of 180th St. SW thence
easterly along said southerly right -of -wa margin to the intersection)
of the westerly right -of -way margin of Olympic View Drive; thence'
northerly along the prolongation of said westerly right -of-way margin,
to the intersection of the northerly right -of -way margin of 180th SV,,
SW also known as the southeast comer of Lot 161 of Meadowdale
Beach Plat as recorded in Volume 5 of Plats, Page 38, records oft
Snohomish County; thence N89 926'33 "W 79.63 feel; thence
NO2 214'00 "E 87.45 feet; thence S89 157'00 "W 83.33 feet; thence
S89257'11"W 83.33 feet to the easterly boundary of Cherry Hill!
Tracts; thence northerly along the easterly boundary of said plat to'.
the northeast corner of the plat; thence westerly alo the northerly
bounds
T% said tat to the POINT OF BEGINNINng G. TOGETHER
WITH THE FOLLOWING; BEGINNING at the southeast comer oft
Homeview Addition No. 2 as recorded in Volume 16 of Plats, Pagel
3, records of Snohomish County, WA; thence northerly along the
easterly boundarryy of said plat to the southeast comer of Lot 58 oft
plat; thence northwesterly along the most southerly boundary off
said Lot 58 to the northeasterly comer of Lot 55 of said plat; thence
southwesterly along�he most easterly boundary of said Lot 55 to
the northerly right- oftway margin of Edmonds Beverly Park Road
(Olympic View rive); thence westerly along said northerly right -of. r
way margin to the southeast comer of Lot 53 of said plat; thence
northeasterly along the }Host easterly boundary of said Lot 53 to the
southeasterly comer of Lot 52 of said plat; thence northwesterly
along the most southerly boundary of said Lot 52 to the easterly
right -of -way margin of Homeview Drive; thence southwesterly along
an arc of said easterly right -o. -way margin to the intersection of the
northerly right -of -way margin" of Edmonds Beverly Park Road
(Olympic View Drive); thence westerly along the prolongation of an
arc of said norlherly right -of -way margin to the intersection of the
�terly right -of -way margin of Homeview Drive; thence
nheasterly 150.92 teat alongg an arc of the said westerly right -of-
w margin; thence N35°17'40"W 93.32 feet; thence S59127 26"W
1.28 feet; thence N08929'44 1N 14.00 feetto the southeast comer
owfosot 1 of Short Plat ZA8803118 recorded AF number 8910300600
being portion of Lot 48 of said plat; thence westerly along southerly
boundary of said Lot 1 to the easterly boundary of Lot 49 of said
plat: thence southerly along the easterly boundary of said Lot 49 to
the northerly right -of -way margin of Edmonds Beverly Park Road
(Olympic View Drive); thence westerly along said northerly right -of-
way margin to the southwest comer of Lot'49; thence northerly
along westerly boundary of Lot 49 to the,southeast comer-of Lot 2 of )
Short Plat SP 217 (5.79) recorded AF number 8002260270 being
portion of Lot 105 of Sea View Tracts as recorded in Volume 3 of i
Plats, Page 76, reco'l of Snohomish CountNj thence westerryj
along southerly bound of said Lot 2 to the southwestern comer of
h Lot 2; thence northwesterly along the western boundary of said Lott
tb the southwest comerryof Lot 1 of said short plat; thence ynortherl7y
of Blo k 3toflthe Platt 0 Admoiralty Aches astrecorded inaVOlumeotl2
of Plats, Page 48, records of Snohomish County; thence easterly
along the southerly boundary of said Lot 7 to a point lying 168.o0
feet west of the southeast corner of said Lot 7; thence northerly to
the northerly boundary of Lot 7 to a point lying 168.00 feet west of
the northeast corner of said Lot 7; thence easterly along northerly
boundary of said lot to the westerly boundary of the Plat of
Homeview Addition No. 2 as recorded In Volume 16 of Plat, Page 3,
records of Snohomish County; thence northerly along said westerly
boundary of the northwestern corner of Lot 29 of said tat; thence
S88428'00 "E 175.20 feet; thence N70Q05'00 "E 95.80 feet; thence
N50943'00 "E 203.52 feet; thence S86924'10 "E 118.00 feet to the
westerly right -of -way margin of Homeview Drive; thence
northeasterly along the said westerly right -of -way margin to the
southeastern comer of Lot 23 of said plat; thence N20925'22 W
204.01 feet to the southerly right -of -way margin of 181st Place SW,
thence easterly along said southerly right -of -way margin to the t
along therPro Prolongation of Margin aid westerly rightt-- of•way mar notohthe
intersection of northerly right -of -way margin of 181st Place SW;,
thence _ westerly _alona_savt _ n —the.i „_.:., __.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of -Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
.......... Summary of Ordinance No. 3233
a printed copy of which is hereunto attached, was published. in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
December 6, 1998
and ha� said
said period.
to its subscribers
..............
inc al Clerk
Subscribed and sworn to before me this .............7th ...............
da .........D. Ce. r ........... 1998...
Notary Public in and for the to of shington,
residing at Everett, Snohomis County.
10
'ergs F #,o
NOTARY
ACA PUBLIC :2
Z 0 0
along westerl boundary of Lot 49 to fhe,southeasf eomeFoi Ldt 2 of ;
Short Plat SP 217 (5.79) recorded AF number 8002260270 beings
ppoortion of Lot 105 of Sea View Tracts as recorded in Volume 3 of
Plats, Page 76, recor� of Snohomish Countgl thence westerly(
along souther y boundi'y of said Lot 2 to the southwestem comer of ,
{ Lot 2; thence northwesterly along the western boundary of said Lot
fo7he southwest corner of Lot 1 of said short plat; thence northerly
along westerly boundary of Lot 1 to the southerly boundary of Lot 7
of Block 3 of the Plat of Admiralty Acres as recorded in Volume 12.
of Plats, Page 48, records of Snohomish County; thence easterly
along the southerly boundary of said Lot 7 to a point lying 168.00
feet west of the southeast comer of said Lot 7; thence northerly to
the northerly boundary of Lot 7 to a point lying 168.00 feet west of
the northeast comer of said Lot 7; thence easterly along northerly
boundary of said lot to the westerly boundary of the Plat of
Homeview Addition No. 2 as recorded in Volume 16 of Plat, Page 3,
records of Snohomish County; thence northerly along said westerly
boundary of the northwestern corner of Lot 29 of said plat; thence
S88228'00 "E 175.20 feet; thence N70405'00"E 95.80 feet; thence
N50243'00 "E 203.52 feet; thence S86 924'10 "E 118.00 feet to the
westerly right -of -way margin of Homeview Drive; thence
northeasterly along the said westerly right-of-way margin to the
southeastern comer of Lot 23 of said plat; thence N20225'22"W
204.01 feet to the southerly right -of -way margin of 181st Place SW,
thence easterly along said southerly right-of-way margin to the
westerly right-of-way margin of Homeview Drive; thence northerly
along the prolongation of said westerly right-of-way margin to the
intersection of northerly right -of -way margin of 181st Place SW;
thence westerly along said northerly right-of-way margin to the
southwest comer of Lot 9 of said plat; thence northerly along I
westerly right -oi -way boundary of said Lot 9 to the northwest corner
of the lot; thence easterly along the northerly boundary of Lot 9 to
the northeast corner of Lot 9; thence continuing easterly along the
prolongation of the northerly boundary of Lot 9 to the easterly right -
of -way margin of Homeview, Drive; thence northerly along the said
f easterly right-of-way margin to the northwest comer of Lot 78 of said
plat; thence easterly along the northerly boundary of said lot to the
.i recorded in Volume 13 of Plats, Page 91, records of Snohomish
County; thence S88 908'50 "E 330.00 feet to the northeast comer of
Lot 49 of said plat; thence S00032'50"W 690.00 feet to the
t northwest comer of Lot 11 of said plat; thence easterly along the
northerly boundary of said Lot 11 to the westedy right -of -way margin
i of 72nd Avenue W.; thence continuing easterly along the
prolongation of the northerly boundary of Lot 11 to the easterly right -
of -way margin of 72nd Avenue W.; thence northerly along the
prolongation of the said easterly right -of -way marggin to the
Intersection of the northerly right -of -way of 181st Place SIN thence
N00 932'50 "E 108.38 feet; thence S88 908'50 "E 150.00 feet to the
southwest comer of Lot 5 of the Plat of Madrona Hill as recorded in
Volume 19 of-Plats. Page 115, records of Snohomish County;
thence northerly along the westerly boundary of said plat to the
northwest corner of Lot 7 of said plat; thence S88 208'50 "E 485.34
feet to the easterly boundary of said plat; thence southerly long the
j. prolongation of said easterly boundary to the westerly right -of -way
L margin of Olympic View Drive; thence southwesterly along an arc of
20 of Plats, Page 63, records of Snohomish County; thence
westerly along the southerly boundary of said plat to the northeast
comer of a lot defined as the west 120 feet of the north 75 feet of
the north 155 feet of the south 330 feet of the SW 1/4 of the NE 1/4
of the NW 1/4 of Section 17, Township 27 North, Range 4 East,
W.M.; thence southerly 75.0 feet along the easterly boundary of
said lot to the southeast comer of said lot; thence westerly 10.00
feet along the southerly boundary of said lot to the northeast comer
of a lot defined as the west 110 feet of the south 80 feet of the north
155 feet of the south 330 feet of the SW 1/4 of the NE 1/4 of the
NW 114 of said Section 17; thence southerly 80.0 feet along the
easterly boundary of said lot to the southeast comer of the lot;
thence westerly 20.00 feet along the southerly boundary of said lot
to the northeast comer of a lot defined as the west 90.0 feet of the
north 87.5 feet of the south 175 feet of the SW 1/4 of the NE 1/4 of
the NW 1/4 of said Section 17; thence southerly along the easterly
boundary of said lot to the southeast comer of said lot; thence
easterly along the prolongation of the southerly boundary of said lot
to the westerly right -of -way margin of Olympic View Drive; thence
southwesterly along said westerly right -of -way margin to the
southeast comer of a lot defined as the south 87.5 feet of that
portion of the SW 1/4 of the NE 1/4 of the NW 1/4 of said Section
17 lying westerly of Edmonds Road as measured along west line of
sail subdivision; thence westerly along the southerly boundary of
said lot to the easterly right -of -way margin of 72nd Avenue West;
thence southerly along said easterly right -of -way margin to the
westerly right -of -way margin of Olympic View Drive; thence
southwesterly along the prolongation of said westerly right -of -way
margin to the southeast corner of Lot 23 of the plat of the
aforementioned Homeview Addition Number 1; thence westerly
along the southerly boundary of said Lot 23 to the northeast corner
of'Lot 27 of said plat; thence southerly along the easterly boundary,
of said Lot 27 to the northeast corner of Lot 26 of said plat; thence
southerly along the easterly boundary of said Lot 26 to the
southeast comer of Lot 26; thence westerly along the southerly
boundary of said Lot 26 to the easterly right -of -way margin of 73rd
Avenue West; thence southerly alongg said
margin to the intersection of County Road (l
thence southwesterly along the prolongatior
northerly right -of -way margin of Olympic
intersection of the westerly right -of -way ma
West; thence northerly along said westerly ri
the southeast comer of Lot 77 of said plat then,
southerly boundary of said Lot 77 to the POINT
RESOLVED this 27th day of October 1998.
APPROVE&
BARBARA S. FAHEY, Mayor
.6410
NOTARY 9N;
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