Ordinance 29780006.090.084
MA/are
02/23/94
Rev: 03/08/94wss
ORDINANCE NO. 2978
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ORDERING THE IMPROVEMENT OF
CERTAIN PROPERTY; ESTABLISHING LOCAL
IMPROVEMENT DISTRICT NO. 214 FOR STORM SEWER
AND ROADWAY IMPROVEMENTS, 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 LOCAL IMPROVEMENT DISTRICT
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 February 1, 1994, the Edmonds City Council
passed Resolution of Intent No. 785, resolving the intent to
establish Local Improvement District No. 214 ("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. 785
and after proper notice, the Edmonds City Council held a public
hearing on February 28, 1994 to hear from persons desirous of
objecting to the proposed improvements herein mentioned, and
WHEREAS, the Director of Community Services through his
designee, the City Engineer 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,
68439.1 1
together with all papers and information in his possession touching
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 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 to be
established by resolution, 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 described improvements:
Acquisition of necessary right-of-way and
easements along 88th Avenue West, constructing
a water pipeline and services, a storm
pipeline, and a walkway southerly from
approximately 204th Street S.W. to 207th
Street S.W. along with all appurtenances, and
constructing 88th Avenue South, twenty-four
(24) feet in width including concrete curb and
gutters, southerly from approximately 204th
Street S.W. to a dead end south of 205th Place
S.W. and a section of 88th Avenue West, at the
68439.1 2
end of 207th Street S.W. along with all
appurtenances. All improvements shall be in
accordance with City standards. Such
improvements are fully described in Exhibits A
and B attached hereto and incorporated herein
by this reference as if set forth in full.
All of the foregoing shall be in accordance with the
plans and specifications therefor prepared by the City Director of
Community Services, through his designate the City Engineer, 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.
214 of the City of Edmonds, Washington ("the District"), the
boundaries and territorial extent of which are more particularly
described on Exhibit C and Exhibit D, 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 $310,000.00 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,
shall be borne by and assessed against the property specially
benefited by such improvement included in the District embracing as
68439.1 3
nearly as practicable all property specially benefited by such
improvement.
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. 214, 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
68439.1 4
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.
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. 214, 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
68439.1 5
warrants shall be issued in payment for all other items of expense
in connection with the improvement.
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:
MAYOR PRQ TEM, HN NORDQUIST
ATTEST/AUTHENTICATED:
C TY CLERK, RHONDA J. MARCH
68439.1 6
APPRO E TO
OFFI E AT ORNEY:
BY
FILED WITH THE CITY CLERIC: 3/10/94
PASSED BY THE CITY COUNCIL: 3/15/94
PUBLISHED: 3/20/94
EFFECTIVE DATE: 3/25/94
ORDINANCE NO. 2978
68439.1
ROAD SYSTEM (OPTION)
L.I.D. 214
EXHIBIT A
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MINIMUM 40' R/W
AT NORTH END
TYPICAL ROAD SECTION
L.I.D. 214
EXHIBIT B
-- ------ -- --= - _:
o ------------ ------_GL
205th Pt. SW
- -- ----- --- --= - =- ---= -
Main St.
BOUNDARY MAP
L.I.D. 214
* NO PROTEST AGREEMENTS RECORDED
EXHIBIT C
BOUNDARY LEGAL DESCRIPTION
LOCAL IMPROVEMENT DISTRICT 214
EDMONDS. WASHINGTON
Beginning at the northeast comer of Lot 27. Maplewood Hilts, as recorded in
Volume 10 of Plats. Page 121, records of Snohomish County, Washington;
thence westerly along the north line of said lot to its intersection with the east line
of the west 400.00 feet of said lot; thence southerly along said east line to its
intersection with the north line of Lot 26 of said plat; thence westerly along said
north line to its intersection with the east line of the west 213.75 feet of said lot;
thence southerly along said east line to its intersection with the north line of Lot
25 of said plat; thence westerly along said north line to the northwest comer of
said lot; thence southerly along the west line of said lot to the southwest comer of
said lot; thence easterly along the south line of said lot to its intersection with the
northerly prolongation of the west line of Lot 6 of De Long Addition. as recorded in
Volume 29 of Plats. Page 104, records of Snohomish County, Washington;
thence southerly along said northerly prolongation and said west line to its
intersection with the north line of Lot 23 of the aforesaid plat of Maplewood Hills;
thence westerly along said north line to the northwest comer of said lot; thence
southerly along the west line of lots 23 and 22 to its intersection with the north line
of the south 90.00 feet of said lot 22; thence easterly along said north line to its
intersection. mfdh the east line of the west 134.00 feet of said lot; thence southerly
along said east line to its intersection with the north line of the south 15.00 feet of
said lot: thence easterly along the northerly right-of-way margin of 207th St S-W.
as dedicated to the City of Edmonds under Auditor's File numbers 7811150309
and 9303240545 to the east line of said lot 22; thence easterly to the centerline of
88th Ave. W_; thence southerly along said centerline and the westerly line of Lot
11, Pine Ridge, as recorded in Volume 13, Page 66, records of Snohomish
County, Washington, to the southwest comer of said lot; thence easterly along
the south line of said lot to the southeast comer of said lot thence northerly along
the east line of said lot to its intersection with the south line of Lot 10 of said plat;
thence easterly along said south line to its intersection with the west line of the
east 150.50 feet of said lot; thence northerly along said west line to its
intersection with the north fine of the south 80.00 feet of said lot; thence easterly
along said north fine to its intersection with the west line of the east 131.00 feet of
said lot; thence northerly along said west line and its northerly prolongation to its
intersection with the south tine of the north 30.00 feet of Lot 9 of said plat; thence
easterly along said south. line to its intersection with the westerly right-of-way
EXHIBIT -D
margin of 88th Avenue West; thence northerly along said westerly margin to its
intersection with the north line of said lot; thence westerly along said north line to
its intersection with the west line of the east 115.39 feet of Lot 8 of said plat;
thence northerly along said west line to its intersection with the north line of said
lot; thence westerly along said north line to its intersection with the west line of
the east 150.00 feet of Lot 7 of said plat; thence northerly along said west line to
its intersection with the north line of said lot; thence westerly along said north line
to its intersection with the west line of the east 155.00 feet of Lot 6 of said plat;
thence northerly along said west line to its intersection with the north Line of said
lot; thence westerly along said north line to its intersection with the east line of the
west 230.00 feet of Lot 5 of said plat; thence northerly along said east line to its
intersection with the north line of said lot; thence easterly along said north line to
its intersection with the west line of the east 115.39 feet of Lot 4 of said plat;
thence northerly along said west line to its intersection with the north line of said
lot; thence westerly along said north line to its intersection with the east line of the
west 145.39 feet of Lot 3 of said plat; thence northerly along said east line to its
intersection with the north line of said lot; thence easterly along said north line to
its intersection with the east line of the west 146.00 feet of Lot 2 of said plat;
thence northerly along said east line to its intersection with the north line of said
lot; thence easterly along said north line to its intersection with the west line of the
east 240.00 feet of Lot 1 of said plat; thence northerly along said west line to its
intersection with the northerly boundary of said plat; thence westerly along said
boundary and its westerly prolongation to the point of beginning_
LIDLEGAL_DOC
STATE OF WASHINGTON,
ss
COUNTY OF SNOHO:V1ISH,
SUMMARY
Of OF ORDINCE NO. 2778
fhE CHV of EAmnndeANWneh�n..Mn
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 -----------------------
..S.ummary....o-f --- Ordinance --- No ....... 29.7.8..-_.... .. --
..City-- of.--Edmon.ds......
---------------------------------------- .------------- --- ------------------------------------------ ----------------------------
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:
.Mar.ch... 20 t --.19.9-4
--...... --- -------------------- ------ - --- -- ------------------------ -------------------------------------------------
and that said neW aper was regularly distributed to its subscribers
durin 1 of said eriod.
..
...--r ----------------------------------
Principal Clerk
Subscribed and sworn to before me this ..... ..2.lth
day o ---- ----- Marc. 19....9.4
otar Public in and for the ate o Washington,
esiding at Everett, Snohom' Co ty.
OoTAR�.
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