Ordinance 2520WSS/naa
08/27/85
ORDINANCE NO. 2520
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
APPROVING AND CONFIRMING THE FINAL ASSESSMENT
ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 210,
WHICH HAS BEEN CREATED AND ESTABLISHED FOR THE
PURPOSE OF PAYING THE COST OF IMPROVING CERTAIN
PROPERTY ALL IN THE CITY OF EDMONDS, WASHINGTON,
BY INSTALLATION OF SANITARY SEWERS, SURFACE
WATER COLLECTION FACILITIES, GROUND WATER
DRAINAGE FACILITIES AND INTERCEPTOR DRAINS,
LIFT STATIONS AND FORCE MAINS AND ALL NECESSARY
APPURTENANCES, INCLUDING PIPES, VALVES, FIT-
TINGS, MANHOLES, SURFACE GRADING AND REPLACE-
MENT OF PAVEMENT, ALONG WITH AND BY PERFORMING
ANY RELATED WORK NECESSARY TO MAKE A COMPLETE
IMPROVEMENT IN ACCORDANCE WITH CITY STANDARDS,
PURSUANT TO RESOLUTION OF INTENTION NO. 260,
AND AS PROVIDED BY ORDINANCE NO. 2237, LEVYING
AND ASSESSING THE AMOUNT THEREOF AGAINST THE
SEVERAL LOTS, TRACTS, PARCELS OF LAND AND
OTHER PROPERTY SHOWN ON SAID ROLL.
WHEREAS, the assessment roll levying the special assessment
against the properties located in Local Improvement District No.
210, in the City of Edmonds, Washington, created under Ordinance
No. 2237, was filed with the City Clerk of the City of Edmonds as
provided by law, and
WHEREAS, notice of the time and place of hearing thereof and
of making objections and protests to said roll was duly published
at and for the time and manner provided by law, fixing the time
and place of hearing thereon before the duly authorized Hearing
Officer of the City of Edmonds for the 25th day of April, 1985,
at the hour of 7:00 p.m. in the Plaza Meeting Room of the Edmonds
Library of Edmonds, Washington, and further notice thereof was
duly mailed by the City Clerk to each property owner on said
roll, and
WHEREAS, at the time and place fixed and designated in said
notice, the hearing on said assessment roll was duly held and all
written and oral protests received were duly considered and all
persons appearing at said hearing were heard, and
WHEREAS, based upon said hearing and written and oral
protests, the City's Hearing Examiner, Richard J. Thorpe, has
entered his written Findings, Conclusions and Recommendations,
July 19, 1985, as amended regarding Parcel 86, and
WHEREAS, written copies of said decisions were mailed to all
protesting parties and all persons who appealed therefrom have
been given an opportunity to be heard by the City Council in
accordance with the provisions of State statute and City
ordinance, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The revised assessments and assessment roll of
Local Improvement District No. 210, which has been created and
established for the purpose of paying the cost of the improving
certain property in the City of Edmonds by installation of
sanitary sewers, surface water collection facilities, ground
water drainage facilities and interceptor drains, lift stations
and force mains and all necessary appurtenances, including pipes,
valves, fittings, manholes, surface grading and replacement of
pavement, along with and by performing any related work necessary
to make a complete improvement in accordance with City standards,
all pursuant to Resolution of Intention No. 260, and as provided
by Ordinance No. 2237, levying and assessing the amount thereof
- 2 -
against the several lots, tracts, parcels of land and other
property shown on said roll, established pursuant to Ordinance
No. 2237 and amended in accordance with the Findings, Conclusions
and Recommendations of its Hearing Examiner, dated July 19, 1985,
and amended August 16, 1985, to correct a scribners error
relating to Parcel 86, are hereby in all respects approved and
confirmed.
Section 2. Each of the lots, tracts, parcels of land, and
other property shown on said roll is hereby determined and
declared to be specially benefited by said improvement in at
least the amount charged against the same and the assessment
appearing on the same is in proportion to the several assessments
appearing on the said roll. There is hereby levied and assessed
against each lot, tract, parcel of land and other property
appearing upon said roll the amount finally charged against the
same thereon.
Section 3. The assessment roll as approved and confirmed
shall be filed with the Finance Director of the City of Edmonds,
Washington, for collection and said Finance Director is hereby
authorized and directed to publish notice as required by law
stating that the said roll is in his hands for collection and
that payment of any assessment thereon or any portion thereof may
be paid at any time within thirty (30) days from the date of the
first publication of the City Treasurer's notice that the
assessment roll has been placed in his hands for collection
without penalty, interest or costs, and thereafter the sum
remaining unpaid, if any, may be paid in twenty-five (25) equal
- 3 -
annual installments of principal and interest with the interest
on the whole unpaid sum at the rate to be established by
ordinance which shall not be greater than one half of one percent
in excess of the net effective interest rate fixed on the local
improvement bonds hereafter issued for Local Improvement District
210. Any installment not paid prior to the annual anniversary of
said thirty (30) day period shall be deemed delinquent. All
delinquent installments shall be subject to a charge for interest
at the above established rate per annum and for an additional
charge of 10% penalty levied upon the principal due upon such
installment or installments. The collection of such delinquent
installments will be enforced in the manner provided by law.
Section 4. Severability. If any section, subsection,
sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
Section 5. 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 as provided by law. The City Clerk is
authorized and instructed to publish this ordinance or a summary
thereof.
APPROVED:
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Affidavit of Publication
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOiYISH,
ORDINANCE NO. 2520 The undersigned, being first duly sworn on oath deposes and says
AN ORDINANCE THE
CITY OF EDMONDS, WASH- that she is Principal Clk of THE HERALD, a Y newspaper
daily a er
Clerk
INGTON, APPROVING AND
CONFIRMING THE FINAL printed and published in the City of Everett, County of Snohomish,
ASSESSMENT ROLL OF LO-
CAL IMPROVEMENT DIS- and State of Washington; that said newspaper is a newspaper of
TRICT NO. 210, WHICH HAS
BEEN CREATED AND ES-
TABLISHED FOR TH'. PUR- general circulation in said County and State; that said newspaper
POSE OF PAYING.- 'THE
COST OF IMPROVtNG:CER- has been approved as a legal newspaper by order of the Superior
TAIN PROPERTY ALL IN
THE CITY OF Court of Snohomish Count and that the notice ........................................
I WASHINGTON, BY INSTAL- NSTAL- y
LATION OF SANITARY
SEWERS, SURFACE WATER
COLLECTION FACILITIES, Ordinance 2520
GROUND WATER'; DRAIN-
, AGE FACILITIES AND IN-
TERCEPTOR DRAINS, LIFT
STATIONS AND FORCE
MAINS AND ALL NECES-
--
SARYAPPURTENANCES,---------------------------------------------------------'----...----------.........-....------------------------........
INCLUDING �' P.•.IPES,
VALVES, FITTINGS,..MAN-
HOLES, SURFACE GRAD-
INGAND REPLACEMENT .... ....................... ..................... ............... ........ ..............................................................
OF PAVEMENT, ALONG
WITH AND BY PERFORM- a printed copy of which is hereunto attached, was published in said
ING ANY RELATED WORK
NECESSARY TO MAKE A newspaper proper and not in supplement form, in the regular and
COMPLETE IMPROVEMENT
IN ACCORDANCE WITH
CITY STANDARDS, PURSU- entire edition of said paper on the following days and times, namely:
ANT TO RESOLUTION OF
INTENTION NO. 260, AND
AS PROVIDED BY ORDI-
NANCE NO. 2237, LEVYING P f
ANDASSESSING THE ................................................ ........................................................... .........................
AMOUNT TH'VREOF
AGAINST THE SEVERAL
LOTS, TRACTS, PARCELS
OF LAND AND OTHER
.PROPERTY SHOWN ON
SAID ROLL. The full text of
the ordinance will be mailed and that said newspaper was regularly distributed to its subscribers
to any person upon request.
Published: Sept. S, 1985. during all of said period. ........................... .. ........ dje:,-�(
Principal Clerk
Subscribed and sworn to before me this........ 9 t h
Se tember 85
day........... -•-- ------------------------------- I/ -------------- 19.........
1. .... .. .......... .. ......... ........
N t ry Public n and f r the State of Washington,
}�si ing at Everett, Snohomish County.
B-2-1
ATTEST/AUTHENTICATED:
C Y 4LERK, JA QUELINE PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CI CLERK: September 3, 1985
PASSED BY THE CITY COUNCIL: September 3, 1985
PUBLISHED: September 12, 1985
EFFECTIVE DATE: September 17, 19105
ORDINANCE NO. 2520
- 5 -
Affidavit of Publication
STATE OF WASHINGTON, ss.
COUNTY OF SNOHO1V1ISH, S
ORDINANCE NO. 2520
I AN ORDINANCE OF THE CITY OF EDMONDS wa,sH-
AND CONFIRMING THE FI-
Thbeingfirst dulySWOrri on oath deposes and Says
e undersigned, p
INGTON, APPROVING.
NAL ASSESSMENT ROLL OF LOCAL IMPROVEMENT
NO, 210,• WHICH HAS,EEEN CREATED AND �'`!
that she is Principal Clerk of THE HERALD, a daily newspaper
DISTRICT
ESTABLISHED FOR THE PURPOSE OF PAYING THE
COST IMPROVING. CERTAI.N'PROP-E.RTY AL,4 IN
printed and published in the City of Everett, County Of Snohomish,
OF,
S; WASHIGTON, BY (WATER
THE CITY OF EDOND .LATION
OF SANITARY S WERSNSURFACE
FACILITIES, GROUND: WATER DRAIN-
and State of Washington; that said newspaper is a newspaper of
-: COLLECTION
AGE FACILITIES AND INTERCEPTOR DRAINS „LIFT;
STATIONS AND FORCE MAINS AND ALL NECES-
general circulation in said County and State; that said newspaper
SARY APPURTENANCES, INCLUDING PIPE'S,
VALVES,, FITTINGS;MAN H9L.E5, SURFACE GRAD ;
REPLACEMENTOF PAVEMENT, ALONG
has been approved as a legal newspaper by order of the Superior
ING''AND
WITH AND BY'PERFORMING ANY RELATED WORK
A COMPLETE IMPROVE-
Court of Snohomish County and that the notice ..... ....... ................
NECESSARY TO MAKE
IN ACCORDANCE WITH CITY, STANDARDS,
'
,.MENT-
PURSUANT'TO RESOLUITION OF INTENTION NO: 260,
AND AS P,ROVLOED BY ORDINANCE NO,'2237, LEVY•''
0
ING, AND ASSESSING, THE AMOUNT' THEREOF-
AGAINST' THE. SEVERAL LOT$, TRACTS, PARCELS .
'.
....Qrdiil.a iiz.e....04.5. ......................................... ........ ...... ........
OF LAND AND OTHER PROPERTY SHOWN:.( SAID
ROLL. -
'WHEREAS, ,`"the. OSKSsment roll..,levVinp alSe spec�ai^as-
...... ..... .. ...... ....... ......... , ...........
C.Q'01ea "Untler ordinance, n9 <a�r, -•t r _
City bf Edmohds os provided bv,,law and ' '
Clerk.of'ihe
WHEREAS, ;notice of the iiime and Pldce. of Heor(ng
of making objections and protests to said :roll
_........ .......................... .............................
thereof and
'was duty published at and for the time and manner provitl-
a printed copy of which is hereunto attached, was published in said
ed `by law,' fixing the .time and PlaCe of heorjng'thereon
before, The duly 'outhdriied Hearing ofricer:-of the City. of
day of April; 19B�,'atthe hour otf.7:00proper
newspaper ro er and not in supplement form, in the regular and
g
Edmonds far the 25th
P.M. in the Plozo Meeting Room Of: the dmonds Libr.ory of;
notice -thereof wa'S,.duiv:
entire edition of said paper on the following days and times, namely:
E.am;onds, Washfngtorr,gnd.furiher
'Mal led'bv',the.City,Clerk ofseach property owner ;,on sal
roll, and
WH'EREAS,.at the time and place fixed and desipnpted in
assessment roll wgs AulY
September 12 1,985
sold notice, -the: hearing on said
held: and gLI, Wtten and oroi prpiests-,received were,; duiV :
ri
appearing hearingjywere
................................................ ..................,.............................................................
considered and all persons .at'said
heard, and
WHEREAS, based -upon sold hearing and written and;Oral.
City Examiner, Richard J. ThOroe,
protests,Ahe: i-Hearing,ings,Concluslons andRecom-
'hgs'entered.. his written .Flntl.'
mendptlglis, July 19, 1985, Os amended regardinoi Pareel 86,,
..............................................................................................
and that said newspaper was regularly distributed to its subscribers
aW.
HEREAS, written •copies of said decisions were^mailed':,
(Protesting parties and pal persons. who appealed*.
during all of saidiod,
Thegl)
efrom have' been .given an, opportunity tq be hggrq by
=the Cltyt puncll in accordance with the provisions to Stote
(fin City ordinance now, therefore, :._
THE CITY DMDNDS
) �% d (
`/� ��..
Tw � l ITY COUNCIL OF
FOLLOWSOF
l G'L
DO ORDAIN AS:
„Seal n 1 The revised assessments and gssessnlenf'poll Of
dreated
Principal Clerk
t-qG p roVen'lent Dl5trict No. 210 which has been
and,i'RS'Plish'gd for the purpose of pgVing;the cost"QQf the
tltV Of EbmOnOS bV .
1 9
ImPYOVI Q cerYoIn PfOPertV n ,she
I,wdtallaflon ofP�sanitary ',Sewers, 5urfgCe wafer collecTaon �a
t ll
Subscribed and sworn to before me this....... I. .....................
drgins 91M :5TOTIO115 qna ,v, w . --•- -
sufUrtenances, including pipes, valves �ilttmg5 mOmholes, S e t emb e r 85
ace proding and replocemen.t Of pavement nlong-With'
rovide 'bY `Ordmance:No 2237. evvm9 a s" ake o, day of ................ .... �..
p d to Resolution of Intention 'citj to m
City standards,' ,
complete,, improvementming any related; Wor neceMa 2£0 and as
all d Pu r yO OR of in accordance witnnd os5e sing the
amount �theY"af against; the sgYer41 IotS ;r.pcts? parjqels of �. ¢.
,! �S ..� ::c.. ..
lan i and' gthor property shown: on sq7 roll, estd:bllsned .. Notar Public in and for the State of Washington,
. puYsuoht to OYdlnanoe.Nol 27,97 gnd d,,mef+tied fin occafdance'"
wi}h the Findings, concluslon5 tTTd Recpmmehld ions gfU9, resid' at Everett, Snohomish County.
Heprin9 Exariliner, dated Ju,IV_19 198�, qt�i gipended Aug
u5t':16, 1989,i_Tp:Corre¢t'a 5crib'ners £rkof,Ji:rlgtitV YoParcel
86,.Ore'herebv in allrespeds a.pprov6d clb,cl cdnf�finea4
Section 2: EOch of the Ipis,nt.racis parcels 0}{ Iqp,¢, and �
of er property showm:on said roll i.6,hereby`�detoomitled and
declared to;be,5pecia11V. benefited bY•said'impr. v, ent m at
leogi the.amdunt chorged"a9aiHs1 the saTne andYhe.gssers
rtie'nt aooeoring ,on 1h.e�Same Is an propogt�idn Tp[theseverol
and thereafter, the gum remtlining unP0tQ IT o.r;vr n,ur
-paid in :twenty-five..25) eaupl:,annuq fn5lallmenJS Pf prihci,
pal an&Interest with :the interest on the whole unpaid sum'.-
dt.the rate to be established 15v ordinance'wh,cn Shall not b.t
:greater than one half' of one percenI in :'excess of the net
effective interest rate fixed on the local 1 orgvement bonds
hereafter :Issued for Local Improvement District 210. 'Any'
installment -not paid prior to: :ahe onnual-anniversary of said
thirty (36); day period shalIL 'e deemed .dell g6ent. All
delinquent.' Installments shall ,tie subject Yo a charge for
i nterest•at the above: estgblish ed rate,per annum and for qn.
addit16n,bl' charge of :10% penalty levied upon the Principal
due upon such installment or installments The Collection of',.
:suchdelinquentinstollments willbe enforced imthe monneC-
$FovidedbY law. '
Section :4. Severablht If anV section subsection; sen
tence, cause, p rase'or portion of this ordingnce_is for anV::
rmson held Invalid.:.0 unc6nstitutionp1 bV a0V:CourT df
separate, dlstfnct una indepenaenT pr ov,o N„tip
fng shall not .affect -the validity of the: rernoining portions -
hereof.
This ordinance, being an:exercise of a power.
specifically delegOTed To The City legislative body, is not
subject to referendum, and shall take: effect five .(5) days
after passage and publication as provided by law. The City
Clerk is authorized and.instructed to publish this ordinance Or a summary thereof.
LARRV S. NAUGHTEN, Mayor,.
ATTEST/AUTHENTICATED:
JACQUELINE G..PARRET,T.,-City Clerk.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
.BY'W• SCOTT SNYDER
FILED WITH THE CITY CLERK: September 3, 1985.
PASSED BY THE CITY COUNCIL: September 3, 1985.
EFFECTIVE' DATE: September 17,.1985.
ORDINANCE- NO. 2520
i Published; September 12, 1985. _