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Ordinance 30720006.090.084 MA /are /PAO /lfs 02/23/94 Rev: 02/29/96 ORDINANCE NO. 3072 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY; ESTABLISHING AN EXPANDED 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, the Edmonds City Council has passed Resolution of Intent No. 836, resolving the intent to establish an expanded 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. 836 and after proper notice, the Edmonds City Council held a public hearing on March 6, 1996 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, together with all papers 68439.1 - 1 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 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. 68439.1 -2- 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. All improvements and acquisitions made pursuant to Edmonds Ordinance No. 2978 shall be deemed to have been executed in conformance with this section. 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 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 68439.1 -3 - 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 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. All warrants and bonds issued pursuant to Edmonds Ordinance No. 2978 for purposes of the local improvement district created by Edmonds Ordinance No. 2978 shall be deemed to have been issued for purposes of this ordinance, subject to all conditions of this ordinance. 68439.1 - 4 - 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 warrants shall be issued in payment for all other items of expense in connection with the improvement. The fund created in Edmonds Ordinance No. 2978 shall continue to serve as the fund for this ordinance. 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. 68439.1 -5 - 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 thirty (30) days after passage and publication. APPROVED: N , WX i_�- MAYOR, BARBARA S. FAHEY /E ATTEST /AUTHENTICATED : __�/ . e� CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: March 1, 1996 PASSED BY THE CITY COUNCIL: March 6, 1996 PUBLISHED: March 10, 1996 EFFECTIVE DATE: April 09, 1996 ORDINANCE NO. 3072 68439.1 - 6 - Main St. BOUNDARY MAP L.I.D. 214 NO PROTEST AGREEMENTS RECORDED CIO '• ff;: :•.: _ 205th PI. S.W. . :.= . .. � �- •207th St. S.W. Main St. BOUNDARY MAP L.I.D. 214 NO PROTEST AGREEMENTS RECORDED EXHIBIT B BOUNDARY LEGAL DESCRIPTION LOCAL IMPROVEMENT DISTRICT 214 (REVISED) EDMONDS, WASHINGTON Beginning at the northeast corner of Lot 27, Maplewood Hills, as recorded in Volume 10 of Plats, Page 121, records of Snohomish County, Washington; thence westerly along the north line of said lot to the northwest corner thereof; thence southerly along the west line of said lot to the northwest corner of Lot 26 of said plat; thence easterly along the north line of said lot 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 corner of said lot; thence southerly along the west line of said lot to the southwest corner 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 corner 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 with 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 Auditors 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 corner of said lot; thence easterly along the south line of said lot to the southeast corner 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 line of the south 80.00 feet of said lot; thence easterly along said north line 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 line 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 margin of 88th Avenue West; thence LEGL214KDOC 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. LEGL214RDOC SUMMARY OF ORDINANCE NO. 3072 of the City of Edmonds, Washington On the 6thday of March , 1996, the City Council of the City of Edmonds, passed Ordinance No. 3072. 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; ESTABLISHING AN EXPANDED 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. The full text of this Ordinance will be mailed upon request. DATED this 7th day of March , 1996. I'd, �" d - & "-, CITY CLERK, SANDRA S. CHASE 68439.1 - 7 - STATE OF WASHINGTON, COUNTY OF SNOHONISH, of The City of Edmc On the 6th day of March, 1996 Edmonds, passed Ordinance h content of said ordinance, cons follows: AN ORDINANCE OF THE CITY C ORDERING THE IMPROVEMEh ESTABLISHING AN EXPAND ;DISTRICT NO. 214 FOR STOI 1IMPROVEMENTS, AND ORDER I THE PROPOSED IMPROVEI :PAYMENT OF THE CA¢T9 nc T i The full text of this C DATED this 7th day r ;Published: March 10, 1 B -2 -1 of the The ND Affidavit of Publication RECEIVED MAR 14 1996 EDMONDS CITY CLERK 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 ]1'a Court of Snohomish County and that the notice .......................... .............. Summary of Ordinance No. 3072 ' •• ................... ........... ............................. ......................................................................... mailed upon request. i RASE, City Clerk ,� 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: March 10, 1996 ............................. ...... .......... ............... ......... ................ . .. • - -- •---...... ...------ ...----- .............. ....................... ... and th t s d ewspaper was regularly tri ted, to its subscribers during said period. \\ ..... --•-- . ........... .. PrinciDai Clerk Subscribed and sworn to before me this ...........12th ................. day............ March ....... ... ... ....... .. ................. 19.96.. ........................... ................... Notary Public and for th Stat of Washington, residing at Everett, Snoho 's ounty. 0E J �a� �SSION Fyn, 'c OWAS\-\