Ordinance 37770006.90000
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11/14/03
R:OI /14/10 bfp
ORDINANCE NO. 3777
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECC
7.30.036 SEWER SPECIAL CONNECTION DISTRICTS TO
ADD A NEW SUBSECTION ECC 7.30.036(C) ESTABLISHING
A SPECIAL CONNECTION FEE FOR CERTAIN PROPERTIES
ON OR NEAR OLYMPIC VIEW DRIVE, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City of Lynnwood has constructed a major street improvement
project for Olympic View Drive from 761h Avenue West to 1681h Street Southwest; and
WHEREAS, pursuant to special agreement, an opportunity existed to install
sanitary sewers in conjunction with said improvements; and
WHEREAS, residential properties abutting the street improvements are served by
septic systems rather than sanitary sewers with the exception of 17626 Olympic View Drive; and
future; and
WHEREAS, the existing septic systems are likely to fail within the foreseeable
WHEREAS, the residential property at 17626 Olympic View Drive is currently
connected to the public sewer system; and
WHEREAS, the property at 17626 Olympic View Drive has the option to connect
to the sanitary sewers constructed with said improvements; and
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WHEREAS, due to the localized nature of the sewer project and its limited
benefit to the rest of the sewer utility, the City Council deems it to be in the public interest to
fund the project with monies from the City's sewer utility subject to the payment of a special
connection fee by affected property owners when they connect to the sewer system; and
WHEREAS, the City Council deems it appropriate to create a special connection
fee based on the actual costs of design and construction of this component of the City's sanitary
sewer system and to levy that charge against the properties described herein at the date of
connection; and
WHEREAS, the City Council deems it appropriate, when connection to the
sanitary sewer system and payment of the special connection fee is deferred, that the fee be
adjusted in consideration of the time value of money applied to the original actual cost of
construction;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Amended. ECC 7.30.036, Sewer special connection districts, is
hereby amended by the addition of a new subsection ECC 7.30.036(C) to read as follows:
C. Olympic View Drive Sewer Special Connection Districts
1. Properties legally described, addressed and
identified on the attached Exhibit A (maintained on file in the City
Clerk's office) as 7101, 7109, 7115, 7327, and 7333 Olympic
View Drive, and 7530 184th Place SW /Olympic View Drive, or
any subdivision, lot line adjustment, reconfiguration, or
modification (including but not limited to legal description,
address and other identification) of the lots or the property
represented by those addresses shall pay, in addition to other
connection charges and /or permit fees required by ordinance
and /or resolution, a special connection fee, to be paid in full at the
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time of initial connection to the sewer laterals constructed in
Olympic View Drive as identified on sheets 72 -78 of City of
Lynnwood's construction drawings for the Olympic View Drive
Phase 2 — 76th Ave W to 178th Pl SW, as follows:
Address
Special Connection Fee
7101 Olympic View Drive
$4,015.85
7109 Olympic View Drive
$3,720.56
7115 Olympic View Drive
$3,569.45
7327 Olympic View Drive
$3,009.26
7333 Olympic View Drive
$2,939.29
7530184 1h Place SW
$3,798.31
Upon declaration by the city that the aforementioned sewer laterals
constructed in Olympic View Drive are operational, the properties
in Exhibit A shall connect to the sewer system in accordance with
the requirements of ECDC 18.10.010 and ECC 7.30.040; provided
that a four month extension to connect shall be granted to any of
said properties that is developed upon payment, before the
expiration of the time limit to connect set forth in ECDC
18.10.010, of one third (1/3) of the respective special connection
fee charged above.
Any of said properties that is undeveloped at the time the sewer
laterals are declared operational shall be allowed to defer
connection to the public sewer system until the time when the
property is developed. The owner of a property with deferred
connection shall pay, upon initial connection to sewer laterals in
Olympic View Drive, the special connection fee as set forth above,
increased by a cumulative multiple, to the extent permitted under
RCW 35.92.025, equal to the Department of Labor Bureau of
Labor Statistics Consumer Price Index for construction for the
Seattle - Bellevue- Everett area from the expiration of the time limits
to connect set forth in ECDC 18.10.010, which would then have
applied had the property not been undeveloped, to the time of
initial connection.
2. Properties legally described, addressed and
identified on the attached Exhibit B (maintained on file in the City
Clerk's office) as 17632, 17708, 17626, 17806, 17810, 17910, and
certain unaddressed property located between 17810 and 17910
Olympic View Drive and any subdivision, lot line adjustment,
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reconfiguration, or modification (including but not limited to legal
description, address and other identification) of the lots or the
property represented by such addresses shall pay, in addition to
other connection charges and /or permit fees required by ordinance
and /or resolution, a special connection fee, to be paid in full at the
time of initial connection to the public sewer manhole and stub
pipe located at the northwest corner of 180th St. SW and Olympic
View Drive as identified on sheet 60 of City of Lynnwood's
construction drawings for the Olympic View Drive Phase 1 - 178th
PI SW to 168th St SW (public sewer manhole), of $4,932.85 per
lot.
Due to the significant additional sewer system construction that
will be required at the property owners' expense to connect to the
above referenced public sewer manhole and stub pipe, the
properties in Exhibit B, regardless of whether they are developed
or not, may, notwithstanding the requirements of ECDC 18.10.010
and ECC 7.30.040, defer connection to the same.
The owner of a property that defers connection shall pay, upon
initial connection to the public sewer manhole and stub pipe, the
above established special connection fee, increased by a
cumulative multiple, to the extent permitted under RCW
35.92.025, equal to the Department of Labor Bureau of Labor
Statistics Consumer Price Index for construction for the Seattle -
Bellevue- Everett area from the expiration of the time limits to
connect set forth in ECDC 18.10.010 to the time of connection;
provided that, if the property with deferred connection was
undeveloped when the public sewer manhole and stub pipe were
declared operational by the city, its owner shall pay, upon initial
connection to the same, the above established special connection
fee, increased to the extent permitted under RCW 35.92.025 by the
aforementioned Index from the expiration of the time limits to
connect set forth in ECDC 18.10.010, which would then have
applied had the property not been undeveloped, to the time of
connection.
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
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Section 3. Effective Date. This ordinance shall take effect five (5) days after
passage and publication of an approved summary thereof consisting of the title.
APPROVED:
— AA-- ---
MAYOR GA H AKENSON
ATTEST /AUTHENTICATED:
CIT CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OFT Y AT EY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 01 -15 -2010
PASSED BY THE CITY COUNCIL: 01 -19 -2010
PUBLISHED: 01 -24 -2010
EFFECTIVE DATE: 01 -29 -2010
ORDINANCE NO. 3777
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SUMMARY OF ORDINANCE NO. 3777
of the City of Edmonds, Washington
On the 19th day of January, 2010, the City Council of the City of Edmonds,
passed Ordinance No. 3777. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECC
7.30.036 SEWER SPECIAL CONNECTION DISTRICTS TO
ADD A NEW SUBSECTION ECC 7.30.036(C) ESTABLISHING
A SPECIAL CONNECTION FEE FOR CERTAIN PROPERTIES
ON OR NEAR OLYMPIC VIEW DRIVE, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of January, 2010.
'l &"'
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH S.S.
and that said newspaper was regular( stributed i subscribers during all of said period.
Q)Z&� 61 61 Principal Clerk
Subscribed and sworn to before me this 25th
day of January, 2010
Notary Public in and for t Sta of
County.
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Account Name: City of Edmonds Account Number: 101416
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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
g90
SUMMARY OF ORDINANCE NO. 3777
newspaper by order of the Superior Court of Snohomish County and that the notice
o the City of Edmonds, ashmgton
On the 19th day of January, 2010, the City Council'of the City of
Edmonds, passed Ordinance No. 3777. A summary of the content
of said ordinance, consisting of the title, provides as follows:
Summary of Ordinance
AN ORDINANCE OF THE.CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF ECC 7.30.036 SEWER SPE-
CIAL CONNECTION: DISTRICTS TO ADD A NEW BSEC N
No. 3777
7.30.036 AB H G A SPECIAL CONNECTION
FEE FOR CE AIN PROPERTIES ON OR NEAR OLYMPIC
VIEW DRIVE, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of January 2010.
Published: January 24, 2010. CITY CLERK, SANDRA S. CHASE
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:
January 24, 2010
and that said newspaper was regular( stributed i subscribers during all of said period.
Q)Z&� 61 61 Principal Clerk
Subscribed and sworn to before me this 25th
day of January, 2010
Notary Public in and for t Sta of
County.
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Account Name: City of Edmonds Account Number: 101416
WS,
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