Ordinance 28780006.090.076
MHD/srh
03/31/92
ORDINANCE NO. 2878
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ORDERING THE IMPROVEMENT OF
CERTAIN PROPERTY; ESTABLISHING LOCAL
IMPROVEMENT DISTRICT NO. 213, AND ORDERING THE
CARRYING OUT OF THE PROPOSED IMPROVEMENT;
PROVIDING THAT PAYMENT OF THE COSTS OF THE
IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS
UPON THE PROPERTY IN THE DISTRICT, PAYABLE
THROUGH ISSUANCE OF LID BONDS; AND PROVIDING
FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT
DISTRICT WARRANTS OR OTHER SHORT TERM
OBLIGATIONS REDEEMABLE IN CASH AND LOCAL
IMPROVEMENT DISTRICT BONDS.
WHEREAS, on March 17, 1992, the Edmonds City Council
passed Resolution of Intent No. 268, resolving the intent to
establish Limited Improvement District No. 213 ("the District"),
setting forth the nature and territorial extent of the proposed
improvement, the mode of payment together with related improvements
more specifically described hereinafter, and
WHEREAS, pursuant to said Resolution of Intent No. 268
and after proper notice, the Edmonds City Council held a public
hearing on April 7, 1992 to hear from persons desirous of objecting
to the proposed improvements herein mentioned,
WHEREAS, the Director of Community Services for the City
of Edmonds caused an estimate to be made of the cost and expense of
the proposed improvement and certified that estimate to the City
Council, together with all papers and information in his possession
touching the proposed District, and a statement of what portion of
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the cost and expense of the improvement should be borne by the
property within the proposed 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 local improvement district that said improvement petitioned
for, as hereinafter described, be carried out and that the District
be created in connection therewith, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Edmonds,
Washington, orders the following improvements of the following
described streets and avenues:
Acquisition of necessary right-of-way and
easements, if any are needed, constructing
sanitary sewer main and water main, and
restoring streets and sidewalks where
affected, together with all necessary
appurtenances and related work necessary 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 tract 8 of the
plat of Bellin Gardens, on 220th Street S.W.
from approximately 200 feet west of 95th
Avenue W. to 92nd Avenue W., on 92nd Avenue W.
from 200 Street S.W. to approximately 150 feet
north of 218th Street S.W. and on 218th Street
S.W. from 92nd Avenue W. to 88th Avenue W.
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The route along which both said sanitary sewer
mains and water mains will be constructed is
93rd Place W. from 220th Street S.W. to
approximately 550 feet north.
All of the foregoing shall be in accordance with the
plans and specifications therefor prepared by the City Director of
Community Services, and may be modified by the City Council as long
as such modification does not affect the purpose of the
improvement.
Section 2. There is created and established a local
improvement district, to be called Local Improvement District No.
213 of the City of Edmonds, Washington ("the District"), the
boundaries and territorial extent of which are more particularly
described on Exhibit A, a copy of which is attached hereto and
incorporated in full by this reference.
Section 3. The total estimated cost and expense of the
improvement is declared to be $545,178.64. 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,
shall be borne by and assessed against the property specially
benefited by such improvement included in the District embracing as
nearly as practicable all property specially benefited by such
improvement.
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Section 4. In accordance with the provisions of RCW
35.44.047, the City may use any method or combination of methods to
compute assessments which may be deemed to fairly reflect the
special benefits to the properties being assessed.
Section 5. 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. 213, 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
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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.
Section 6. 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. There is created and established in the
office of the City Finance Director for the District the Local
Improvement Fund, District No. 213, 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.
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Section 8. 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. 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.
APPROVED:
ATTEST/AUTHENTICATED:
C Y CLERK, RWNDA J. MARCH
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY C'Tr'i4�
FILED WITH THE LITY CLERK: April 2, 1992
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PASSED BY THE CITY COUNCIL: April 21, 1992
PUBLISHED: April 26, 1992
EFFECTIVE DATE: May 1, 1992
ORDINANCE NO. 2878
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EXHIBIT A
LEGAL DESCRIPTION OF L.I.D. #213
BEGINNING at the southeast corner of Wichser's Del Mar Addition
No. 6 as recorded in Volume 15 of Plats, Page 64, records of
Snohomish County, WA; thence westerly along the southerly
boundary of said plat to the northeast corner of Lot 14 of
Preview Homes Westgate Village, as recorded in Volume 20 of
Plats, Page 28, records of Snohomish County, WA; thence southerly
along the easterly lines of said Lot 14 and Lot 13 of said plat
to the southeast corner of said Lot 13; thence westerly along the
southerly line of said Lot 13 and Lot 12 of said plat to the most
southerly corner common to Lots 12 and 10 of said plat; thence
southerly along the easterly line of said Lot 10, and Lots 9 and
8 of said plat, to the southeast corner of said Lot 8; thence
easterly along the south line of the north 500 feet of Lot 13 of
Block 7, Alderwood Manor No. 9, as recorded in Volume 10 of
Plats, Page 6, records of Snohomish County, WA, to its
intersection with the east line of the west 90 feet of last said
Lot 13; thence southerly along said east line to its intersection
with the south line of the north 600 feet of said Lot 13; thence
westerly along last said south line to its intersection with the
west line of said Lot 13; thence southerly along said west line
to the southeast corner of Lot 7 of the aforementioned Plat of
Preview Homes Westgate Village; thence westerly along the south
line of said Lot 7 and Lot 6 of said Plat to a point 82.04 feet
east of the west boundary of said plat; thence southerly to a
point on the northerly right-of-way margin of 220th St. S.W.
which lies 76.04 feet east of the west line of Lot 12 of the
aforementioned Block 7, Alderwood Manor No. 9; thence continuing
southerly to the southerly right-of-way margin of 220th St. S.W.;
thence easterly along said southerly right-of-way margin to its
intersection with the southerly prolongation of the east line of
the west 115.88 feet of Government Lot 2, Section 30, Township 27
North, Range 4 East, W.M.; thence northerly along said east line
to its intersection with the north line of the south 150 feet of
said Government Lot 2; thence easterly, along said north line to
its intersection with the west line of Aurora Heights No. 3, as
recorded in Volume 13 of Plats, Page 45, records of Snohomish
County, WA; thence northerly along said west line to the
southwest corner of Lot 1 of said plat; thence easterly along the
south line of Lots 1, 2, 3, 4, 5, and 6 of said plat, and the
south line of the northeast quarter of the southeast quarter of
aforementioned Government Lot 2 to the southeast corner of the
west half of said subdivision; thence northerly along the east
line of said west half and its northerly prolongation to its
intersection with the southerly boundary of Tyler Tracts, as.
recorded in Volume 14 of Plats, Page 20, records of Snohomish
County, WA; thence westerly along said southerly boundary to the
southeast corner of Lot 25 of said plat; thence north, along the
east line of said Lot 25 to the northeast corner thereof; thence
Legal Description of L.I.D. #213
Page 2
west to the northwest corner of Lot 28 of said plat; thence south
along the west line of said Lot 28 to the southeast corner of Lot
1 of Rosewood No. 2, as recorded in Volume 18 of Plats, Page 80,
records of Snohomish County, WA; thence westerly along the
southerly boundary of said plat to its intersection with the west
line of the southeast quarter of the northwest quarter of the
southwest quarter of the northwest quarter of said Section 30;
thence southerly along said west line to its intersection with
the northerly right-of-way margin of 218th St. S.W.; thence
westerly along said margin to its intersection with the easterly
right-of-way margin of 92nd Ave. W.; thence northerly along said
margin to its intersection with the easterly prolongation of the
southerly boundary of the aforementioned Wichser's Del Mar
Addition; thence westerly along said prolongation to the POINT OF
BEGINNING.
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Affidavit of Publication
APR 2 4J 1992
STATE OF WASHINGTON,
COUNTY OF SNOHOIV(ISH, j}
SUMMARY OF
The undersigned, being first duly sworn on oath deposes and says
ORDINANCE NO. 2878
e
that she is Principal Clerk of THE HERALD, daily
Edmond Wlashinvton
a newspaper
the Ciitty Councill off thherl6y of
printed and published in the City of Everett, County of Snohomish,
Edmonds, passed Ordinance No.
2878. A summary of the content
of sold ordinance, consisting of
and State of Washington;
g on; that said newspaper is a newspaper of
the title provides as follows;
AN OR6INANCE OF THE CITY
WASHINGTON,
general circulation in said County and State; that said newspaper
OF EDMONDS
OV
ORDERING OFTTAHE ICERN
>
has been approved as a legal newspaper by order of the Superior
PROPERTY; ESTABLISHING
LOCAL IMPROVEMENT
DISTRICT NO. 213, AND
Court of Snohomish Count and that the notice ........................................
y
ORDERING THE CARRYING
IMPROVEMENT'PROVIDING
THAT PAYMENT OF THE THAT
of. Ordinance No. 2878
COSTSOF THE IMPROVEMENT -
BE MADE BY SPECIAL ASSESS.
.......................................................................................................................
"""--••^^•
INETHEUDIISTRICT,PPAYABLE
City of Edmonds
THROUGH ISSUANCE OF LID
BONDS; AND PROVIDING FOR
......................................................................... .............................................................
THE ISSUANCE AND SALE OF
LOCAL IMPROVEMENT
DISTRICT WARRANTS OR
OTHER SHORT TERM IN CASH
IN CASH
Improvement of_ Certain Pro ert
--•-••--••--••••••••••••••....
REDEEMABLE
AND LOCAL IMPROVEMENT
-...-.. � ••••- ••• � ....-•••-�.••
DISTRICT BONDS,
The full text of this Ordinance
a printed copy of which is hereunto attached was published in said
will be mailed upon request.
19DATED this 22nd day of April,
newspaper proper and not in supplement form, in the regular and
RHONDA J. MARCH
City Clerk i
%prll
entire edition of said paper on the following days and times, namely:
Published: 26, 1"2.
April 26, 1992
....................................................................................................................................
•'••..............................................•••.............•••••••...................:.........................................
and that said newspaper was regularly distributed to its subscribers
during all of said period.,
0 �
...............................p. ........ 6...'...............................................
Principal Clerk
27
Subscribed and sworn to�'before me this .......... ............th
......
da of........April.............. 92
.................... ........ ...... ..........................
Notary Pub ' djpr ate f Washington,
residing Co ty.
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