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Ordinance 3233ORDINANCE NO. 3233 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY THROUGH THE EXTENSION OF SANITARY SEWER MAINS AND SERVICE TO THE PROPERTY COMMONLY KNOWN AS THE PERRINVILLE ANNEXATION AREA, FORMING AND ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 215 OF THE CITY OF EDMONDS IN ORDER TO PROVIDE FOR THE CARRYING OUT OF SAID IMPROVEMENTS AND FOR THE FINANCING THEREOF; PROVIDING THAT PAYMENT FOR SAID IMPROVEMENTS BE MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY IN THE DISTRICT AND ESTABLISHING THE ASSESSMENT METHOD FOR DETERMINING SUCH SPECIAL ASSESSMENTS PURSUANT TO RCW 35.51.030; PROVIDING FOR THE ISSUANCE OF LID BONDS AND FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS OR OTHER SHORT TERM OBLIGATIONS IN ANTICIPATION OF THE ISSUANCE OF LID BONDS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to RCW 35.43.140, the City Council has passed a resolution initiating the formation of a local improvement district ( "the District ") for the purpose of extending sanitary sewer mains and service to the area commonly known as the Perrinville Annexation Area, and WHEREAS, said resolution set December 1, 1998 as the date upon which a public hearing would be held concerning the formation of the District, and said resolution further provided that the City Council would consider the adoption of an assessment method which recognizes the public land use restrictions on properties within the proposed District and assesses all properties based upon equivalent residential units as determined under those public land use restrictions, and WHEREAS, the hearing was held as scheduled and all owners of property within the proposed boundaries of the District were allowed to testify concerning the LID formation and the proposed assessment method, and PLID Ord /cib — 1 — WHEREAS, the City Engineer caused an estimate to be made of the cost and expense of the proposed improvements and certified that estimate to the City Council together with all papers and information in his possession touching the proposed improvement, and together with a description of the boundaries of 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 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 District that said sanitary sewer improvements, as hereinafter described, be carried out and that the District be created in connection therewith and the proposed assessment method adopted, now, therefore, Section 1. Sanitary Sewer and Street Improvements Ordered. The City Council of the City of Edmonds hereby orders the improvement of the streets and property hereinafter specified by acquiring necessary rights -of -way and easements, if any are needed, by constructing sanitary sewer mains, and by restoring streets and sidewalks where affected, together with all necessary appurtenances and related work 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 Homeview Drive from Olympic View Drive to approximately 100 feet south of 180th Street S.W., on 74th Place W. from Homeview Drive and thence approximately 300 feet south, on Ridge Way from Homeview Drive to 184th Place W . , on 184th PLID Ord /clb - 2 - Place W. from Ridge Way thence approximately 200 feet east, on 182nd Street S.W. from Homeview Drive to approximately 150 feet east of 73rd Avenue W., on 73rd Avenue W. from Olympic View Drive to approximately 100 feet South of 180th Street S.W., on 72nd Avenue W. from Olympic View Drive to 182nd Place S.W., on 182nd Place S.W. from 72nd Avenue W. thence approximately 350 feet east, on 70th Place W. from Olympic View Drive thence approximately 200 feet northwest, thence approximately 200 feet north thence approximately 200 feet west, on 181st Place S.W. from 70th Place West to 72nd Avenue W., on 180th Street from Olympic View Drive to 69th Avenue W., and on 69th Avenue W. from 180th Street S.W. thence approximately 550 feet north. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the City Engineer or under his supervision, and may be modified by the City Council as long as such modification does not affect the purpose of the improvements. Section 2. Formation of LID. There is created and established a local improvement district, to be called Local Improvement District No. 215 ( "the Perrinville Sanitary Sewer LID ") of the City of Edmonds, Washington. A legal description of the District boundaries and a map depicting the same are attached hereto as Exhibits A and B and incorporated herein by this reference as if set forth in full. Section 3. Cost of Improvement - Share to be Borne by Property. The total estimated cost and expense of the improvement is declared to be $1,879,200.00. 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 or PLID Ord /clb - 3 - otherwise authorized for inclusion in the assessments by RCW 35.44.020, shall be borne by and assessed against the property specially benefited by such improvement and included in the District. All such assessments shall be determined as provided below. Section 4. Assessment Method. Pursuant to RCW 35.51.030, a method of assessment which recognizes the public land use restrictions on the properties within the local improvement district boundaries will be applied. All such properties are designated exclusively for single - family residential use under the applicable land use regulations. Therefore, the assessment method for the Perrinville Sanitary Sewer LID is to assess each single - family parcel based upon the number of equivalent residential units (" ERUs ") attributable to such parcel. The amount to be assessed per ERU shall be determined by dividing the total amount to be assessed against all properties within the LID by the total number of ERUs attributable to all properties within the LID. The number of ERUs attributable to each individual assessable parcel within the LID shall be determined as follows: A. For each parcel which has been developed with the maximum number of single - family dwelling units allowed given the applicable zoning regulations and parcel size, the total number of ERUs shall be equal to the total number of single - family dwelling units; and B. For each vacant parcel, the total number of ERUs shall be equal to the total number of potential single- family dwelling units that could be built on the parcel under applicable zoning regulations and if the parcel were subdivided; and C. For each parcel which has been developed with fewer single- family dwelling units than could be built on the parcel under applicable zoning regulations and if the parcel were subdivided, the total number of ERUS shall be equal to the total number of existing PLID Ord /clb - 4 - and potential single - family dwelling units that could be built on the property under applicable zoning regulations and it the parcel were subdivided. Section 5. LID Warrants and Bonds. 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. 215, 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. PLID Ord /clb - 5 - Section 6. Bidding. 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. LID Fund. There is created and established in the office of the City Finance Director for the District the Local Improvement Fund, District No. 215, 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. Section 8. Filing of Title. 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. Restraint by Protest - Challenge to Assessment Method . This ordinance, being for the formation of a local improvement district pursuant to the resolution PLID Ord /c(b - 6 - method authorized by RCW 35.43.130, is subject to the restraint by protest provisions of RCW 35.43.180. Challenges to the assessment method are governed by RCW 35.51.030. Section 10. Effective Date. 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 of the attached summary. APPROVED: � 2�41 1, /� � Z-/�- MAYOR BARBARA S. FAHEY ATTEST /AUTHENTICATED: /---,, CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: 11/25/98 PASSED BY THE CITY COUNCIL: 12/01/98 PUBLISHED: 12/06/98 EFFECTIVE DATE: 12/11/98 ORDINANCE NO.: 3233 PLID Ord /clb - % - EXHIBIT A LEGAL DESCRIPTION OF PROPOSED CITY OF EDMONDS L.I.D. #215 PERRINVILLE SANITARY SEWER L.I.D. BEGINNING at the northwest corner of Cherry Hill Tracts as recorded in Volume 15 of Plats, Page 24, records of Snohomish County, WA; thence southerly along the westerly boundary of said plat to the southerly right of way margin of 180th St. SW thence easterly along said southerly right -of -way margin to the intersection of the westerly right -of -way margin of Olympic View Drive; thence northerly along the prolongation of said westerly right -of -way margin to the intersection of the northerly right -of way margin of 180th St. SW also known as the southeast corner of Lot 161 of Meadowdale Beach Plat as recorded in Volume 5 of Plats, Page 38, records of Snohomish County; thence N89 026'33 "W 79.63 feet ; thence NO2 °14'00 "E 87.45 feet; thence S89 °57'00 "W 83.33 feet; thence S89 °57'11 "W 83.33 feet to the easterly boundary of Cherry Hill Tracts; thence northerly along the easterly boundary of said plat to the northeast corner of the plat; thence westerly along the northerly boundary of said plat to the POINT OF BEGINNING. TOGETHER WITH THE FOLLOWING; BEGINNING at the southeast corner of Homeview Addition No. 2 as recorded in Volume 16 of Plats, Page 3, records of Snohomish County, WA; thence northerly along the easterly boundary of said plat to the southeast corner of Lot 58 of plat; thence northwesterly along the most southerly boundary of said Lot 58 to the northeasterly corner of Lot 55 of said plat; thence southwesterly along the most easterly boundary of said Lot 55 to the northerly right -of- way margin of Edmonds Beverly Park Road (Olympic View Drive); thence westerly along said northerly right -of -way margin to the southeast corner of Lot 53 of said plat; thence northeasterly along the most easterly boundary of said Lot 53 to the southeasterly corner of Lot 52 of said plat; thence northwesterly along the most southerly boundary of said Lot 52 to the easterly right -of -way margin of Homeview Drive; thence southwesterly along an arc of said easterly right -of -way margin to the intersection of the northerly right of way margin of Edmonds Beverly Park Road (Olympic View Drive); thence westerly along the prolongation of an arc of said northerly right -of -way margin to the intersection of the westerly right -of -way margin of Homeview Drive; thence northeasterly 150.92 feet along an arc of the said westerly right -of -way margin; thence N35 017'40 "W 93.32 feet; thence S59 °27'26 "W 101.28 feet; thence N08 °29'44 "W 14.00 feet to the southeast corner of Lot 1 of Short Plat ZA8803118 recorded AF number 8910300600 being portion of Lot 48 of said plat; thence westerly along southerly boundary of said Lot 1 to the easterly boundary of Lot 49 of said plat; thence southerly along easterly boundary of said Lot 49 to the northerly right -of -way margin of Edmonds Beverly Park Road (Olympic View Drive); thence westerly along said northerly right -of- way margin to the southwest corner of Lot 49; thence northerly along westerly boundary of Lot 49 to the southeast corner of Lot 2 of Short Plat SP 217 (5 -79) recorded AF number 8002260270 being portion of Lot 105 of Sea View Tracts as recorded in Volume 3 of Plats, Page 76, records of Snohomish County; thence westerly along southerly boundary of said Lot 2 to the southwestern corner of Lot 2; thence northwesterly along the western boundary of said Lot to the southwest corner of Lot 1 of said short plat; thence northerly along westerly boundary of Lot 1 to the southerly boundary of Lot 7 of Block 3 of the Plat of Admirality Acres as recorded in Volume 12 of Plats Page 48, records of Snohomish County; thence easterly along the southerly boundary of said Lot 7 to a point lying 168.00 feet west of the of the southeast corner of said Lot 7; thence northerly to the northerly boundary of Lot 7 to a point lying 168.00 feet west of the northeast corner of said Lot 7; thence easterly along northerly boundary of said lot to the westerly boundary of the Plat of Homeview Addition No. 2 as recorded in Volume 16 of Plats Page 3, records of Snohomish County; thence northerly along said westerly boundary to the northwestern corner of Lot 29 of said plat; thence S88 °28'00 "E 175.20 feet; thence N70 °05'00 "E 95.80 feet; thence N50 °43'00 "E 203.52 feet; thence S86 °24' 10 "E 118.00 feet to the westerly right -of -way margin of Homeview Drive; thence northeasterly along the said westerly right -of -way margin to the southeastern corner of Lot 23 of said plat ; thence N20 °25'22 "W 204.01 feet to the southerly right -of- way margin of 181St Place SW thence easterly along said southerly right -of -way margin to the westerly right -of -way margin of Homeview Drive; thence northerly along the prolongation of said westerly right -of -way margin to the intersection of northerly right - of -way margin of 181St Place SW; thence westerly along said northerly right -of -way margin to the southwest corner of Lot 9 of said plat; thence northerly along westerly right -of -way boundary of said Lot 9 to the northwest corner of the lot; thence easterly along the northerly boundary of Lot 9 to the northeast corner of Lot 9; thence continuing easterly along the prolongation of the northerly boundary of Lot 9 to the easterly right -of- way margin of Homeview Drive; thence northerly along the said easterly right -of -way margin to the northwest corner of Lot 78 of said plat; thence easterly along the northerly boundary of said lot to the northwest corner of Lot 52 of Plat of Homeview Addition No. 1 as recorded in Volume 13 of Plats Page 91, records of Snohomish County; thence S88 008'50 "E 330.00 feet to the northeast corner of Lot 49 of said plat; thence S00 032'50 "W 690.00 feet to the northwest corner of Lot 11 of said plat; thence easterly along the northerly boundary of said Lot 11 to the westerly right -of -way margin of 72"d Avenue W.; thence continuing easterly along the prolongation of the northerly boundary of Lot 11 to the easterly right -of -way margin of 72 °d Avenue W.; thence northerly along the prolongation of the said easterly right -of -way margin to the intersection of the northerly right -of -way margin of 181St Place SW; thence N00 °32'50 "E 108.38 feet; thence S 88 °08'50 "E 150.00 feet to the southwest corner of Lot 5 of the Plat of Madrona Hill as recorded in Volume 19 of Plats Page 115 records of Snohomish County; thence northerly along the westerly boundary of said plat to the northwest corner of Lot 7 of said plat; thence S 88 008'50 "E 485.34 feet to the easterly boundary of said plat; thence southerly along the prolongation of said easterly boundary to the westerly right -of -way margin of Olympic View Drive; thence southwesterly along an arc of said westerly right- of-way margin 31.15 feet; thence N 88005'15"W 218.60 feet; thence S 45 054'48 "E 156.44 feet to the westerly right -of -way margin of Olympic View Drive; thence southwesterly along an arc of said westerly right -of -way margin to the intersection of the southerly boundary line of Lore -Ondo Park as recorded in Volume 20 of Plats Page 63 records of Snohomish County; thence westerly along the southerly boundary of said plat to the northeast corner of a lot defined as the west 120 feet of the north 75 feet of the north 155 feet of the south 330 feet of the SW t/4 of the NE' /4 of the NW '/4 of Section 17, Township 27 North, Range 4 East, W.M.; thence southerly 75.0 feet along the easterly boundary of said lot to the southeast corner of said lot; thence westerly 10.00 feet along the southerly boundary of said lot to the northeast corner of a lot defined as the west 110 feet of the south 80 feet of the north 155 feet of the south 330 feet of the SW 1/4 of the NE 1/4 of the NW 1/4 of said Section 17; thence southerly 80.0 feet along the easterly boundary of said lot to the southeast corner of the lot; thence westerly 20.00 feet along the southerly boundary of said lot to the northeast corner of a lot defined as the west 90.0 feet of the north 87.5 feet of the south 175 feet of the SW 1/4 of the NE 1/4 of the NW 1/4 of said Section 17; thence southerly along the easterly boundary of said lot to the southeast corner of the said lot; thence easterly along the prolongation of the southerly boundary of said lot to the westerly right -of -way margin of Olympic View Drive; thence southwesterly along said westerly right -of -way margin to the southeast corner of a lot defined as the south 87.5 feet of that portion of the SW %4 of the NE 1/4 of the NW '/a of said Section 17 lying westerly of Edmonds Road as measured along west line of said subdivision; thence westerly along the southerly boundary of said lot to the easterly right - of -way margin of 72nd Avenue West; thence southerly along said easterly right -of -way margin to the westerly right -of -way margin of Olympic View Drive; thence southwesterly along the prolongation of said westerly right -of -way margin to the southeast corner of Lot 23 of the plat of the aforementioned Homeview Addition Number 1; thence westerly along the southerly boundary of said Lot 23 to the northeast corner of Lot 27 of said plat; thence southerly along the easterly boundary of said Lot 27 to the northeast corner of Lot 26 of said plat; thence southerly along the easterly boundary of said Lot 26 to the southeast corner of Lot 26; thence westerly along the southerly boundary of said Lot 26 to the easterly right -of -way margin of 73`d Avenue West; thence southerly along said easterly right -of -way margin to the intersection of County Road (Olympic View Drive); thence southwesterly along the prolongation of the arc of the northerly right -of -way mar in of Olympic View Drive to the intersection of the westerly right -of -way margin of 73` Avenue West; thence northerly along said westerly right -of- way margin to the southeast corner of Lot 77 of said plat thence westerly along the southerly boundary of said Lot 77 to the POINT OF BEGINNING. ` J EXHIBIT B MAP OF L.I.D. AREA . � f7� w 179TH ST 1730? f730a ON 11111, A"t .elm �w LIX wl",& law_.y�.� *ill�'l� MA a A; NA; dig PA ["Ad OR 1*Ao r :1INQ: w *411a 441voof MONDS D. 215 RY gFWFR L_I_11 fit SUMMARY OF ORDINANCE NO. 3233 of the City of Edmonds, Washington On the 1st day of December, 1998, the City Council of the City of Edmonds, passed Ordinance No. 3233. 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 THROUGH THE EXTENSION OF SANITARY SEWER MAINS AND SERVICE TO THE PROPERTY COMMONLY KNOWN AS THE PERRINVILLE ANNEXATION AREA, FORMING AND ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 215 OF THE CITY OF EDMONDS IN ORDER TO PROVIDE FOR THE CARRYING OUT OF SAID IMPROVEMENTS AND FOR THE FINANCING THEREOF; PROVIDING THAT PAYMENT FOR SAID IMPROVEMENTS BE MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY IN THE DISTRICT AND ESTABLISHING THE ASSESSMENT METHOD FOR DETERMINING SUCH SPECIAL ASSESSMENTS PURSUANT TO RCW 35.51.050; PROVIDING FOR THE ISSUANCE OF LID BONDS AND FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS OR OTHER SHORT TERM OBLIGATIONS IN ANTICIPATION OF THE ISSUANCE OF LID BONDS; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 2nd day of December, 1998. CITY CLERK, SANDRA S. CHASE PLID Ord /cib - 1 - RCW 35.43.130 Preliminary estimates and assessment roll. Upon the filing of a petition or upon the adoption of a resolution, as the case may be, initiating a proceeding for the formation of a local improvement district or utility local improvement district, the proper board, officer, or authority designated by charter or ordinance to make the preliminary estimates and assessment roll shall cause an estimate to be made of the cost and expense of the proposed improvement and certify it to the legislative authority of the city or town together with all papers and information in its possession touching the proposed improvement, a description of the boundaries of the 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. If the proceedings were initiated by petition the designated board, officer or authority shall also determine the sufficiency of the petition and whether the facts set forth therein are true. If the petition is found to be sufficient and in all proceedings initiated by resolution of the legislative authority of the city or town, the estimates must be accompanied by a diagram showing thereon the lots, tracts, and parcels of land and other property which will be specially benefited by the proposed improvement and the estimated amount of the cost and expense thereof to be borne by each lot, tract, or parcel of land or other property: PROVIDED, That no such diagram shall be required where such estimates are on file in the office of the city engineer, or other designated city office, together with a detailed copy of the preliminary assessment roll and the plans and assessment maps of the proposed improvement. For the purpose of estimating and levying local improvement assessments, the value of property of the United States, of the state, or of any county, city, town, school district, or other public corporation whose property is not assessed for general taxes shall be computed according to the standards afforded by similarly situated property which is assessed for general taxes. [1983 c 303 § 1; 1967 c 52 § 6; 1965 c 7 § 35.43.130. Prior: 1957 c 144 § 7; prior: 1953 c 26 § 1. (i) 1911 c 98 § 9, part; RRS § 9360, part. (ii) 1929 c 97 § 1, part; 1911 c 98 § 10, part; RRS § 9361, part. (iii) 1949 c 28 § 1, part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c 135 § 1, part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 § 12, part; Rem. Supp. 1949 § 9363, part. (iv) 1927 c 209 § 4, part; 1923 c 141 § 4, part; RRS § 9351 -4, part.] NOTES: Severability- -1983 c 303: See RCW 36.60.905. Construction -- Severability- -1967 c 52: See notes following RCW 35.43.042. Page [ 1 ] Filed with City Clerk: Adopted by Reference Ordinance # �5,2.33 on .Idt.W�41- City Clerk RCW 35.43.180 Restraint by protest. The jurisdiction of the legislative authority of a city or town to proceed with any local improvement initiated by resolution shall be divested by a protest filed with the city or town council within thirty days from the date of passage of the ordinance ordering the improvement, signed by the owners of the property within the proposed local improvement district or utility local improvement district subject to sixty percent or more of the total cost of the improvement including federally -owned or other nonassessable property as shown and determined by the preliminary estimates and assessment roll of the proposed improvement district or, if all or part of the local improvement district or utility local improvement district lies outside of the city or town, such jurisdiction shall be divested by a protest filed in the same manner and signed by the owners of property which is within the proposed local improvement district or utility local improvement district but outside the boundaries of the city or town, and which is subject to sixty percent or more of that part of the total cost of the improvement allocable to property within the proposed local improvement district or utility local improvement district but outside the boundaries of the city or town, including federally -owned or other nonassessable property: PROVIDED, That such restraint by protest shall not apply to any of the following local improvements, if the legislative body finds and recites in the ordinance or resolution authorizing the improvement that such improvement is necessary for the protection of the public health and safety and such ordinance or resolution is passed by unanimous vote of all members present: (1) Sanitary sewers or watermains where the health officer of the city or town, or department of ecology, files with the legislative authority a report showing the necessity for such improvement; and (2) fire hydrants where the chief of the fire department files a report showing the necessity for such improvement. [1983 c 303 § 3; 1967 c 52 § 8; 1965 c 58 § 2; 1965 c 7 § 35.43.180. Prior: 1963 c 56 § 2; 1957 c 144 § 12; prior: 1949 c 28 § 1, part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c 135 § 1, part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 § 12, part; Rem. Supp. 1949 § 9363, part.] NOTES: Severability -4983 c 303: See RCW 36.60.905. Construction-- Severability-4967 c 52: See notes following RCW 35.43.042. Page [ 1 ] Filed with City Clerk: Adopted by Reference Ordinance # City Clerk RCW 35.43.140 Resolutions -- Contents, publication -- Hearing, by whom held. Any local improvement to be paid for in whole or in part by the levy and collection of assessments upon the property within the proposed improvement district may be initiated by a resolution of the city or town council or other legislative authority of the city or town, declaring its intention to order the improvement, setting forth the nature and territorial extent of the improvement, containing a statement that actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to the increased true and fair value the improvement, or street lighting, adds to the property, and notifying all persons who may desire to object thereto to appear and present their objections at a time to be fixed therein. In the case of trunk sewers and trunk water mains the resolution must describe the routes along which the trunk sewer, subsewer and branches of trunk water main and laterals are to be constructed. In case of dikes or other structures to protect the city or town or any part thereof from overflow or to open, deepen, straighten, or enlarge watercourses, waterways and other channels the resolution must set forth the place of commencement and ending thereof and the route to be used. In the case of auxiliary water systems, or extensions thereof or additions thereto for protection of the city or town or any part thereof from fire, the resolution must set forth the routes along which the auxiliary water system or extensions thereof or additions thereto are to be constructed and specifications of the structures or works necessary thereto or forming a part thereof. The resolution shall be published in at least two consecutive issues of the official newspaper of the city or town, the first publication to be at least fifteen days before the day fixed for the hearing. The hearing herein required may be held before the city or town council, or other legislative authority, or before a committee thereof. The legislative authority of a city or town may designate an officer to conduct the hearings. The committee or hearing officer shall report recommendations on the resolution to the legislative authority for final action. [1994 c 71 § 2; 1989 c 243 § 2; 1985 c 469 § 29; 1984 c 203 § 1; 1965 c 7 § 35.43.140. Prior: 1957 c 144 § 8; prior: 1953 c 177 § 1. (i) 1929 c 97 § 1, part; 1911 c 98 § 10, part; RRS § 9361, part. (ii) 1911 c 98 § 16, part; RRS § 9368, part. (iii) 1911 c 98 § 17, part; RRS § 9369, part. (iv) 1911 c 98 § 18, part; RRS § 9370, part.] NOTES: Severability- -1984 c 203: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1984 c 203 § 10.] Filed with City Clerk: Adopted by Reference Ordinance # .3Z33 on 1 .9;( Page [ 1 ] city C RCW 35.44.020 Assessment district - -Cost items to be included. There shall be included in the cost and expense of every local improvement for assessment against the property in the district created to pay the same, or any part thereof: (1) The cost of all of the construction or improvement authorized for the district including, but not limited to, that portion of the improvement within the street intersections; (2) The estimated cost and expense of all engineering and surveying necessary for the improvement done under the supervision of the city or town engineer; (3) The estimated cost and expense of ascertaining the ownership of the lots or parcels of land included in the assessment district; (4) The estimated cost and expense of advertising, mailing, and publishing all necessary notices; (5) The estimated cost and expense of accounting, clerical labor, and of books and blanks extended or used on the part of the city or town clerk and city or town treasurer in connection with the improvement; (6) All cost of the acquisition of rights of way, property, easements, or other facilities or rights, including without limitation rights to use property, facilities, or other improvements appurtenant, related to, and/or useful in connection ' with the local improvement, whether by eminent domain, purchase, gift, payment of connection charges, capacity charges, or other similar charges or in any other manner; (7) The cost for legal, financial, and appraisal services and any other expenses incurred by the city, town, or public corporation for the district or in the formation thereof, or by the city, town, or public corporation in connection with such construction or improvement and in the financing thereof, including the issuance of any bonds and the cost of providing for increases in the local improvement guaranty fund, or providing for a separate reserve fund or other security for the payment of principal of and interest on such bonds. Any of the costs set forth in this section may be excluded from the cost and expense to be assessed against the property in such local improvement district and may be paid from any other moneys available therefor if the legislative body of the city or town so designates by ordinance at any time. [1995 c 382 § 1; 1987 'c 242 § 4; 1985 c 397 § 4; 1971 ex.s. c 116 § 8; 1969 ex.s. c 258 § 6; 1965 c 7 § 35.44.020. Prior: 1955 c 364 § 1; 1911 c 98.§ 55; RRS § 9408.1 NOTES: Policy - -1987 c 242: See note following RCW 35.43.005. Authority supplemental -- Severability --1985 c 397: See RCW 35.51.900 and 35.51.901. Page [ 1 ] Filed with City Clerk: // -a5- 9'g Adopted by Reference Ordinance #.0 ?33 on /24-98 City Clerk RCW 35.51.030 Alternative or additional method of assessment -- Classification of property. (1) As an alternative or in addition to other methods of ascertaining assessments for local improvements, the legislative authority of a municipality may develop and apply a system of classification of properties based upon some or all of the public land use restrictions or private land use restrictions to which such property may be put at the time the assessment roll is confirmed. (2) The legislative authority of a municipality may classify property into office, retail, residential, public, or any other classifications the legislative authority finds reasonable, and may levy special assessments upon different classes of property at different rates, but in no case may a special assessment exceed the special benefit to a particular property. A municipality also may exempt certain classes of property from assessment if the legislative authority of the municipality determines that properties within such classes will not specially benefit from the improvement. (3) For each property within a classification, the legislative authority of the municipality may determine the special assessment after consideration of any or all of the following: (a) Square footage of the property; (b) Permissible floor area; (c) Distance from or proximity of access to the local improvement; (d) Private land use restrictions and public land use restrictions; (e) Existing facilities on the property at the time the assessment roll is confirmed; and (f) Any other factor the legislative authority finds to be a reasonable measure of the special benefits to the properties being assessed. (4) If after the assessment roll is confirmed, the legislative authority of a municipality finds that the lawful uses of any assessed property have changed and that the property no longer falls within its original classification, the legislative authority may, in its discretion, reclassify and reassess such property whether or not the bonds issued to pay any part of such costs remain outstanding. if such reassessment reduces the total outstanding assessments within the local improvement district, the legislative authority shall either reassess all other properties upward in an aggregate amount equal to such reduction, or shall pledge additional money, including money in a reserve fund, to the payment of principal of and interest on such bonds in an amount equal to such reduction. (5) When the legislative authority of a municipality determines that it will use the alternative or additional method of assessment authorized by this section, it may select and describe the method or methods of assessment in the ordinance ordering a local improvement and creating a local improvement district if such method or methods of assessment have been described in the notice of hearing required under RCW 35.43.150. If the method or methods of assessment are so selected and described in the ordinance ordering a local improvement and creating a local improvement district, the action and decision of the legislative authority as to such method or methods of assessment shall be final and conclusive, and no lawsuit whatsoever may be maintained challenging such method or methods of assessment unless that lawsuit is served and filed no later than thirty days after the date of passage of the ordinance ordering the improvement, and creating the district or, when applicable, no later than thirty days after the expiration of the thirty-day protest period provided in RCW 35.43.180. [1985 c 397 § 7.] Page [ 1 ] Filed with City Clerk: Adopted by Reference Ordinance # 3,233 on /,? -/- 98 t�redie� .e/ '6e" City Clerk CHAPTER 39.50 RCW SHORT -TERM OBLIGATIONS -- MUNICIPAL CORPORATIONS Sections 39.50.010 Definitions. 39.50.020 Short-term obligations authorized. 39.50.030 Issuance of short-term obligations -- Procedure -- Interest rate -- Contracts for future sale. 39.50.040 Refunding and renewal of short-term obligations. 39.50.050 Short-term obligations -- Security. 39.50.060 Nonvoted general indebtedness. 39.50.070 Funds for payment of principal and interest. 39.50.900 Chapter cumulative -- Applicability to joint operating agencies. RCW 39.50.010 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise. (1) "Governing body" means the legislative authority of a municipal corporation by whatever name designated; (2) "Local improvement district" includes local improvement districts, utility local improvement districts, road improvement districts, and other improvement districts that a municipal corporation is authorized by law to establish; (3) "Municipal corporation" means any city, town, county, water district, sewer district, school district, port district, public utility district, metropolitan municipal corporation, public transportation benefit area, park and recreation district, irrigation district, or fire. protection district or any other municipal or quasi municipal corporation described as such by statute, except joint operating agencies under chapter 43.52 RCW; (4) "Ordinance" means an ordinance of a city or town or resolution or other instrument by which the governing body of the municipal corporation exercising any power under this chapter takes formal action and adopts legislative provisions and matters of some permanency; and (5) "Short-term obligations" are warrants, notes, or other evidences of indebtedness, except bonds. [1985 c 332 § 8; 1982 c 216 § 2.] RCW 39.50.020 Short -term obligations authorized. Subject to any applicable budget requirements, any municipal corporation may borrow money and issue short-term obligations as provided in this chapter, the proceeds of which may be used for any lawful purpose of the municipal corporation. Short-term obligations may be issued in anticipation of the receipt of revenues, taxes, or grants or the sale of (1) general obligation bonds if the bonds may be issued without the assent of the voters or if previously ratified by the voters; (2) revenue bonds if the bonds have been authorized by ordinance; (3) local improvement district bonds if the bonds have been authorized by ordinance. These short-term obligations shall be repaid out of money derived from the source or sources in anticipation of which they were issued or from any money otherwise legally available for this purpose. [1982 c 216 § 3.] RCW 39.50.030 Issuance of short -term obligations -- Procedure -- Interest rate -- Contracts for future sale. (1) The issuance of short-term obligations shall be authorized by ordinance of the governing body which ordinance shall fix the maximum amount of the obligations to be issued Page [ 1 ] 12/08/98 or, if applicable, the maximum amount which may be outstanding at any time, the maximum term and interest rate or rates to be borne thereby, the manner of sale, maximum price, form including bearer or registered as provided in RCW 39.46.030, terms, conditions, and the covenants thereof. The ordinance may provide for designation and employment of a paying agent for the short-term obligations and may authorize a designated representative of the municipal corporation, or if the county, the county treasurer to act on its behalf and subject to the terms of the ordinance in selling and delivering short-term obligations authorized and fixing the dates, price, interest rates, and other details as may be specified in the ordinance. Short-term obligations issued under this section shall bear such fixed or variable rate or rates of interest as the governing body considers to be in the best interests of the municipal corporation. Variable rates of interest may be fixed in relationship to such standard or index as the governing body designates. The governing body may make contracts for the future sale of short-term obligations pursuant to which the purchasers are committed to purchase the short-term obligations from time to time on the terms and conditions stated in the contract, and may pay such consideration as it considers proper for the commitments. Short-term obligations issued in anticipation of the receipt of taxes shall be paid within six months from the end of the fiscal year in which they are issued. For the purpose of this subsection, short-term obligations issued in anticipation of the sale of general obligation bonds shall not be considered to be obligations issued in anticipation of the receipt of taxes. (2) Notwithstanding subsection (1) of this section, such short-term obligations may be issued and sold in accordance with chapter 39.46 RCW. [1995 c 38 § 9; 1994 c 301 § 13; 1985 c 71 § 1; 1983 c 167 § 112; 1982 c 216 § 4.] NOTES: Acts of municipal officers ratified and confirmed -1995 c 38: See note following RCW 3.02.045. Liberal construction -- Severability- -1983 c 167: See RCW 39.46.010 and note following. RCW 39.50.040 Refunding and renewal of short -term obligations. Short-term obligations may, from time to time, be renewed or refunded by the issuance of short-term obligations and may be funded by the issuance of revenue, local improvement district, special assessment, or general obligation bonds. Short-term obligations payable from taxes shall not be renewed or refunded to a date later than six months from the end of the fiscal year in which the original short-term obligation was issued. For the purpose of this section, short-term obligations issued in anticipation of the sale of general obligation bonds shall not be considered to be short-term obligations payable from taxes. [1985 c 332 § 9; 1985 c 71 § 2; 1982 c 216 § 5.] RCW 39.50.050 Short -term obligations -- Security. Short-term obligations issued in anticipation of the receipt of taxes or the sale of general obligation bonds and the interest thereon shall be secured by the full faith, credit, taxing power, and resources of the municipal corporation. Short-term obligations issued in anticipation of the sale of revenue or local improvement district bonds and the interest thereon may be secured in the same manner as the revenue and local improvement district bonds in anticipation of which. the obligations are issued and by an undertaking to issue the bonds. Short-term obligations issued in anticipation of grants, loans;.or other sources of money shall be secured in the manner set forth in the ordinance authorizing their issuance. [1982 c 216 § 6.1 RCW 39.50.060 Nonvoted general indebtedness. A municipal corporation may incur nonvoted general indebtedness under this chapter up to an amount which, when added to all other authorized and outstanding nonvoted indebtedness of the Page [ 2 ] 12/08/98 r 4' y municipal corporation, is equal to the maximum amount of indebtedness the municipal corporation is otherwise permitted to incur without a vote of the electors. [1982 c 216 § 7.] RCW 39.50.070 Funds for payment of principal and interest. i or the purpose of providing funds for the payment of principal of and interest on short-term obligations, the governing body may authorize the creation of a special fund or funds and provide for the payment from authorized sources to such funds of amounts sufficient to meet principal and interest requirements. [1982 c 216 § 8.] RCW 39.50.900 Chapter cumulative -- Applicability to joint operating agencies. The authority granted by this chapter shall be in addition and supplemental to any authority previously granted and shall not limit any other powers or authority previously granted to any municipal corporation. The authority granted by this chapter to public utility districts organized under Title 54 RCW shall not extend to joint operating agencies organized under chapter 43.52 RCW. [1982 c 216 § 9.] Page[3] Filed with City Clerk: /&7,4_98' Adopted by Reference Ordinance # 3 -7.33 on G�ity Clerk RCW 35.43.130 Preliminary estimates and assessment roll. Upon the filing of a petition or upon the adoption of a resolution, as the case may be, initiating a proceeding for the formation of a local improvement district or utility local improvement district, the proper board, officer, or authority designated by charter or ordinance to make the preliminary estimates and assessment roll shall cause an estimate to be made of the cost and expense of the proposed improvement and certify it to the legislative authority of the city or town together with all papers and information in its possession touching the proposed improvement, a description of the boundaries of the 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. If the proceedings were initiated by petition the designated board, officer or authority shall also determine the sufficiency of the petition and whether the facts set forth therein are true. If the petition is found to be sufficient and in all proceedings initiated by resolution of the legislative authority of the city or town, the estimates must be accompanied by a diagram showing thereon the lots, tracts, and parcels of land and other property which will be specially benefited by the proposed improvement and the estimated amount of the cost and expense thereof to be borne by each lot, tract, or parcel of land or other property: PROVIDED, That no such diagram shall be required where such estimates are on file in the office of the city engineer, or other designated city office, together with a detailed copy of the preliminary assessment roll and the plans and assessment maps of the proposed improvement. For the purpose of estimating and levying local improvement assessments, the value of property of the United States, of the state, or of any county, city, town, school district, or other public corporation whose property is not assessed for general taxes shall be computed according to the standards afforded by similarly situated property which is assessed for general taxes. [1983 c 303 § 1; 1967 c 52 § 6; 1965 c 7 § 35.43.130. Prior: 1957 c 144 § 7; prior: 1953 c 26 § 1. (i) 1911 c 98 § 9, part; RRS § 9360, part. (ii) 1929 c 97 § 1, part; 1911 c 98 § 10, part; RRS § 9361, part. (iii) 1949 c 28 § 1, part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c 135 § 1, part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 § 12, part; Rem. Supp. 1949 § 9363, part. (iv) 1927 c 209 § 4, part; 1923 c 141 § 4, part; RRS § 9351 -4, part.] NOTES: Severability- -1983 c 303: See RCW 36.60.905. Construction-- Severability- -1967 c 52: See notes following RCW 35.43.042. Page[ 1 ] Filed with City Clerk: // -"?5 - }8 Adopted by Reference Ordinance #_3233 on City Clerk RCW 35.43.180 Restraint by protest. The jurisdiction of the legislative authority of a city or town to proceed with any local improvement initiated by resolution shall be divested by a protest filed with the city or town council within thirty days from the date of passage of the ordinance ordering the improvement, signed by the owners of the property within the proposed local improvement district or utility local improvement district subject to sixty percent or more of the total cost of the improvement including federally -owned or other nonassessable property as shown and determined by the preliminary estimates and assessment roll of the proposed improvement district or, if all or part of the local improvement district or utility local improvement district lies outside of the city or town, such jurisdiction shall be divested by a protest filed in the same manner and signed by the owners of property which is within the proposed local improvement district or utility local improvement district but outside the boundaries of the city or town, and which is subject to sixty percent or more of that part of the total cost of the improvement allocable to property within the proposed local improvement district or utility local improvement district but outside the boundaries of the city or town, including federally -owned or other nonassessable property: PROVIDED, That such restraint by protest shall not apply to any of the following local improvements, if the legislative body finds and recites in the ordinance or resolution authorizing the improvement that such improvement is necessary for the protection of the public health and safety and such ordinance or resolution is passed by unanimous vote of all members present: (1) Sanitary sewers or watermains where the health officer of the city or town, or department of ecology, files with the legislative authority a report showing the necessity for such improvement; and (2) fire hydrants where the chief of the fire department files a report showing the necessity for such improvement. [1983 c 303 § 3; 1967 c 52 § 8; 1965 c 58 § 2; 1965 c 7 § 35.43.180. Prior: 1963 c 56 § 2; 1957 c 144 § 12; prior: 1949 c 28 § 1, part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c 135 § 1, part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98. § 12, part; Rem. Supp. 1949 § 9363, part.] NOTES: Severability- -1983 c 303: See RCW 36.60.905. Construction -- Severability- -1967 c 52: See notes following RCW 35.43.042. Page [ 1 J Filed with City Clerk: 1f -a?5- 98 Adopted by Reference Ordinance # 3a33 on City Clerk RCW 35.43.140 Resolutions -- Contents, publication -- Hearing, by whom held. Any local improvement to be paid for in whole or in part by the levy and collection of assessments upon the property within the proposed improvement district may be initiated by a resolution of the city or town council or other legislative authority of the city or town, declaring its intention to order the improvement, setting forth the nature and territorial extent of the improvement, containing a statement that actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to the increased true and fair value the improvement, or street lighting, adds to the property, and notifying all persons who may desire to object thereto to appear and present their objections at a time to be fixed therein. In the case of trunk sewers and trunk water mains the resolution must describe the routes along which the trunk sewer, subsewer and branches of trunk water main and laterals are to be constructed. In case of dikes or other structures to protect the city or town or any part thereof from overflow or to open, deepen, straighten, or enlarge watercourses, waterways and other channels the resolution must set forth the place of commencement and ending thereof and the route to be used. In the case of auxiliary water systems, or extensions thereof or additions thereto for protection of the city or town or any part thereof from fire, the resolution must set forth the routes along which the auxiliary water system or extensions thereof or additions thereto are to be constructed and specifications of the structures or works necessary thereto or forming a part thereof. The resolution shall be published in at least two consecutive issues of the official newspaper of the city or town, the first publication to be at least fifteen days before the day fixed for the hearing. The hearing herein required may be held before the city or town council, or other legislative authority, or before a committee thereof. The legislative authority of a city or town may designate an officer to conduct the hearings. The committee or hearing officer shall report recommendations on the resolution to the legislative authority for final action. [1994 c 71 § 2; 1989 c 243 § 2; 1985 c 469 § 29; 1984 c 203 § 1; 1965 c 7 § 35.43.140. Prior: 1957 c 144 § 8; prior: 1953 c 177 § 1. (i) 1929 c 97 § 1, part; 1911 c 98 § 10, part; RRS § 9361, part. (ii) 1911 c 98 § 16, part; RRS § 9368, part. (iii) 1911 c 98 § 17, part; RRS § 9369, part. (iv) 1911 c 98 § 18, part; RRS § 9370, part.] NOTES: Severability --1984 c 203: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1984 c 203 § 10.] Page [ 1. ] Filed with City Clerk: 11-X5- 9$ Adopted by Reference Ordinance # 3Z33 on City Clerk RCW 35.44.020 Assessment district - -Cost items to be included. There shall be included in the cost and expense of every local improvement for assessment against the property in the district created to pay the same, or any part thereof: (1) The cost of all of the construction or improvement authorized for the district including, but not limited to, that portion of the improvement within the street intersections; (2) The estimated cost and expense of all engineering and surveying necessary for the improvement done under the supervision of the city or town engineer; (3) The estimated cost and expense of ascertaining the ownership of the lots or parcels of land included in the assessment district; (4) The estimated cost and expense of advertising, mailing, and publishing all necessary notices; (5) The estimated cost and expense of accounting, clerical labor, and of books and blanks extended or used on the part of the city or town clerk and city or town treasurer in connection with the improvement; (6) All cost of the acquisition of rights of way, property, easements, or other facilities or rights, including without limitation rights to use property, facilities, or other improvements appurtenant, related to, and/or useful in connection with the local improvement, whether by eminent domain, purchase, gift, payment of connection charges, capacity charges, or other similar charges or in any other manner; (7) The cost for legal, financial, and appraisal services and any other expenses incurred by the city, town, or public corporation for the district or in the formation thereof, or by the city, town, or public corporation in connection with such construction or improvement and in the financing thereof, including the issuance of any bonds and the cost of providing for increases in the local improvement guaranty fund, or providing for a separate reserve fund or other security for the payment of principal of and interest on such bonds. Any of the costs set forth in this section may be excluded from the cost and expense to be assessed against the property in such local improvement district and may be paid from any other moneys available therefor if the legislative body of the city or town so designates by ordinance at any time. [1995 c 382 § 1; 1987 c 242 § 4; 1985 c 397 § 4; 1971 ex.s. c 116 § 8; 1969 ex.s. c 258 § 6; 1965 c 7 § 35.44.020. Prior: 1955 c 364 § 1; 1911 c 98 § 55; RRS § 9408.] NOTES: Policy - -1987 c 242: See note following RCW 35.43.005. Authority supplemental-- Severability- -1985 c 397: See RCW 35.51.900 and 35.51.901. Page [ 1 ] Filed with City Clerk: Adopted by Reference Ordinance # g? on City Clerk RCW 35.51.030 Alternative or additional method of assessment -- Classification of property. (1) As an alternative or in addition to other methods of ascertaining assessments for local improvements, the legislative authority of a municipality may develop and apply a system of classification of properties based upon some or all of the public land use restrictions or private land use restrictions to which such property may be put at the time the assessment roll is confirmed. (2) . The legislative authority of a municipality may classify property into office, retail, residential, public, or any other classifications the legislative authority finds reasonable, and may levy special assessments upon different classes of property at different rates, but in no case may a special assessment exceed the special benefit to a particular property. A municipality also may exempt certain classes of property from assessment if the legislative authority of the municipality determines that properties within such classes will not specially benefit from the improvement. (3) For each property within a classification, the legislative authority of the municipality may determine the special assessment after consideration of any or all of the following: (a) Square footage of the property; (b) Permissible floor area; (c) Distance from or proximity of access to the local improvement; (d) Private land use restrictions and public land use restrictions; (e) Existing facilities on the property at the time the assessment roll is confirmed; and (f) Any other factor the legislative authority finds to be a reasonable measure of the special benefits to the properties being assessed. (4) If after the assessment roll is confirmed, the legislative authority of a municipality finds that the lawful uses of any assessed property have changed and that the property no longer falls within its original classification, the legislative authority may, in its discretion, reclassify and reassess such property whether or not the bonds issued to pay any part of such costs remain outstanding. If such reassessment reduces the total outstanding assessments within the local improvement district, the legislative authority shall either reassess all other properties upward in an aggregate amount equal to such reduction, or shall pledge additional money, including money in a reserve fund, to the payment of principal of and interest on such bonds in an amount equal to such reduction. (5) When the legislative authority of a municipality determines that it will use the alternative or additional method of assessment authorized by this section, it may select and describe the method or methods of assessment in the ordinance ordering a local improvement and creating a local improvement district if such method or methods of assessment have been described in the notice of hearing required under RCW 35.43.150. If the method or methods of assessment are so selected and described in the ordinance ordering a local improvement and creating a local improvement district, the action and decision of the legislative authority as to, such method or methods of assessment shall be final and conclusive, and no lawsuit whatsoever may be maintained challenging such method or methods of assessment unless that lawsuit is served and filed no later than thirty days after the date of passage of the ordinance ordering the improvement, and creating the district or, when applicable, no later than thirty days after the expiration of the thirty -day protest period provided in RCW 35.43.180. [1985 c 397 § 7.] Page[ 1 ] Filed with City Clerk: / /-a?5 - 98 Adopted by Reference Ordinance # 3,2.33 on /.? -/- 98 City Clerk STATE Or WASHINGTON, ss COUNTY Or SNOHOYASH, On the 1st day of December, 1998, the City .douncil of the City of Edmonds, passed Ordinance No. 3233. A summary of the Content of said ordinance, consisting of the title, pprovides as follows: AN ORDINANCE OF THE CITY nF pnmr)mnc ....�.,.., _ .. 'HTY COMMONLY KNi f10N AREA, FOF �ROVEMENT DISTRIC' IN ORDER TO PROV ) IMPROVEMENTS At DVIDING THAT PAYME BY SPEGAL ASSESS DISTRICT AND ESTAE OR DETERMINING St T TO RCW 35.51.05( :),BONDS AND FOR 11 DVEMENT DISTRICT W DATE.- -- The full text of this Ordinance will be mailed upon request. DATED this 2nd day of December, 1998. ^„ CITY CLERK, SANDRA S. CHASE I oc�irvrvimv or the northwest comer of Cherry Hill Tracts as recorded in Volume 15 of Plats, Page 24, records of Snohomish County, WA; thence southerly along the westerly boundary of said P lat to the southerly light of way margin of 180th St. SW thence easterly along said southerly right -of -wa margin to the intersection) of the westerly right -of -way margin of Olympic View Drive; thence' northerly along the prolongation of said westerly right -of-way margin, to the intersection of the northerly right -of -way margin of 180th SV,, SW also known as the southeast comer of Lot 161 of Meadowdale Beach Plat as recorded in Volume 5 of Plats, Page 38, records oft Snohomish County; thence N89 926'33 "W 79.63 feel; thence NO2 214'00 "E 87.45 feet; thence S89 157'00 "W 83.33 feet; thence S89257'11"W 83.33 feet to the easterly boundary of Cherry Hill! Tracts; thence northerly along the easterly boundary of said plat to'. the northeast corner of the plat; thence westerly alo the northerly bounds T% said tat to the POINT OF BEGINNINng G. TOGETHER WITH THE FOLLOWING; BEGINNING at the southeast comer oft Homeview Addition No. 2 as recorded in Volume 16 of Plats, Pagel 3, records of Snohomish County, WA; thence northerly along the easterly boundarryy of said plat to the southeast comer of Lot 58 oft plat; thence northwesterly along the most southerly boundary off said Lot 58 to the northeasterly comer of Lot 55 of said plat; thence southwesterly along�he most easterly boundary of said Lot 55 to the northerly right- oftway margin of Edmonds Beverly Park Road (Olympic View rive); thence westerly along said northerly right -of. r way margin to the southeast comer of Lot 53 of said plat; thence northeasterly along the }Host easterly boundary of said Lot 53 to the southeasterly comer of Lot 52 of said plat; thence northwesterly along the most southerly boundary of said Lot 52 to the easterly right -of -way margin of Homeview Drive; thence southwesterly along an arc of said easterly right -o. -way margin to the intersection of the northerly right -of -way margin" of Edmonds Beverly Park Road (Olympic View Drive); thence westerly along the prolongation of an arc of said norlherly right -of -way margin to the intersection of the �terly right -of -way margin of Homeview Drive; thence nheasterly 150.92 teat alongg an arc of the said westerly right -of- w margin; thence N35°17'40"W 93.32 feet; thence S59127 26"W 1.28 feet; thence N08929'44 1N 14.00 feetto the southeast comer owfosot 1 of Short Plat ZA8803118 recorded AF number 8910300600 being portion of Lot 48 of said plat; thence westerly along southerly boundary of said Lot 1 to the easterly boundary of Lot 49 of said plat: thence southerly along the easterly boundary of said Lot 49 to the northerly right -of -way margin of Edmonds Beverly Park Road (Olympic View Drive); thence westerly along said northerly right -of- way margin to the southwest comer of Lot'49; thence northerly along westerly boundary of Lot 49 to the,southeast comer-of Lot 2 of ) Short Plat SP 217 (5.79) recorded AF number 8002260270 being portion of Lot 105 of Sea View Tracts as recorded in Volume 3 of i Plats, Page 76, reco'l of Snohomish CountNj thence westerryj along southerly bound of said Lot 2 to the southwestern comer of h Lot 2; thence northwesterly along the western boundary of said Lott tb the southwest comerryof Lot 1 of said short plat; thence ynortherl7y of Blo k 3toflthe Platt 0 Admoiralty Aches astrecorded inaVOlumeotl2 of Plats, Page 48, records of Snohomish County; thence easterly along the southerly boundary of said Lot 7 to a point lying 168.o0 feet west of the southeast corner of said Lot 7; thence northerly to the northerly boundary of Lot 7 to a point lying 168.00 feet west of the northeast corner of said Lot 7; thence easterly along northerly boundary of said lot to the westerly boundary of the Plat of Homeview Addition No. 2 as recorded In Volume 16 of Plat, Page 3, records of Snohomish County; thence northerly along said westerly boundary of the northwestern corner of Lot 29 of said tat; thence S88428'00 "E 175.20 feet; thence N70Q05'00 "E 95.80 feet; thence N50943'00 "E 203.52 feet; thence S86924'10 "E 118.00 feet to the westerly right -of -way margin of Homeview Drive; thence northeasterly along the said westerly right -of -way margin to the southeastern comer of Lot 23 of said plat; thence N20925'22 W 204.01 feet to the southerly right -of -way margin of 181st Place SW, thence easterly along said southerly right -of -way margin to the t along therPro Prolongation of Margin aid westerly rightt-- of•way mar notohthe intersection of northerly right -of -way margin of 181st Place SW;, thence _ westerly _alona_savt _ n —the.i „_.:., __. 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 ......... ............................... .......... Summary of Ordinance No. 3233 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: December 6, 1998 and ha� said said period. to its subscribers .............. inc al Clerk Subscribed and sworn to before me this .............7th ............... da .........D. Ce. r ........... 1998... Notary Public in and for the to of shington, residing at Everett, Snohomis County. 10 'ergs F #,o NOTARY ACA PUBLIC :2 Z 0 0 along westerl boundary of Lot 49 to fhe,southeasf eomeFoi Ldt 2 of ; Short Plat SP 217 (5.79) recorded AF number 8002260270 beings ppoortion of Lot 105 of Sea View Tracts as recorded in Volume 3 of Plats, Page 76, recor� of Snohomish Countgl thence westerly( along souther y boundi'y of said Lot 2 to the southwestem comer of , { Lot 2; thence northwesterly along the western boundary of said Lot fo7he southwest corner of Lot 1 of said short plat; thence northerly along westerly boundary of Lot 1 to the southerly boundary of Lot 7 of Block 3 of the Plat of Admiralty Acres as recorded in Volume 12. of Plats, Page 48, records of Snohomish County; thence easterly along the southerly boundary of said Lot 7 to a point lying 168.00 feet west of the southeast comer of said Lot 7; thence northerly to the northerly boundary of Lot 7 to a point lying 168.00 feet west of the northeast comer of said Lot 7; thence easterly along northerly boundary of said lot to the westerly boundary of the Plat of Homeview Addition No. 2 as recorded in Volume 16 of Plat, Page 3, records of Snohomish County; thence northerly along said westerly boundary of the northwestern corner of Lot 29 of said plat; thence S88228'00 "E 175.20 feet; thence N70405'00"E 95.80 feet; thence N50243'00 "E 203.52 feet; thence S86 924'10 "E 118.00 feet to the westerly right -of -way margin of Homeview Drive; thence northeasterly along the said westerly right-of-way margin to the southeastern comer of Lot 23 of said plat; thence N20225'22"W 204.01 feet to the southerly right -of -way margin of 181st Place SW, thence easterly along said southerly right-of-way margin to the westerly right-of-way margin of Homeview Drive; thence northerly along the prolongation of said westerly right-of-way margin to the intersection of northerly right -of -way margin of 181st Place SW; thence westerly along said northerly right-of-way margin to the southwest comer of Lot 9 of said plat; thence northerly along I westerly right -oi -way boundary of said Lot 9 to the northwest corner of the lot; thence easterly along the northerly boundary of Lot 9 to the northeast corner of Lot 9; thence continuing easterly along the prolongation of the northerly boundary of Lot 9 to the easterly right - of -way margin of Homeview, Drive; thence northerly along the said f easterly right-of-way margin to the northwest comer of Lot 78 of said plat; thence easterly along the northerly boundary of said lot to the .i recorded in Volume 13 of Plats, Page 91, records of Snohomish County; thence S88 908'50 "E 330.00 feet to the northeast comer of Lot 49 of said plat; thence S00032'50"W 690.00 feet to the t northwest comer of Lot 11 of said plat; thence easterly along the northerly boundary of said Lot 11 to the westedy right -of -way margin i of 72nd Avenue W.; thence continuing easterly along the prolongation of the northerly boundary of Lot 11 to the easterly right - of -way margin of 72nd Avenue W.; thence northerly along the prolongation of the said easterly right -of -way marggin to the Intersection of the northerly right -of -way of 181st Place SIN thence N00 932'50 "E 108.38 feet; thence S88 908'50 "E 150.00 feet to the southwest comer of Lot 5 of the Plat of Madrona Hill as recorded in Volume 19 of-Plats. Page 115, records of Snohomish County; thence northerly along the westerly boundary of said plat to the northwest corner of Lot 7 of said plat; thence S88 208'50 "E 485.34 feet to the easterly boundary of said plat; thence southerly long the j. prolongation of said easterly boundary to the westerly right -of -way L margin of Olympic View Drive; thence southwesterly along an arc of 20 of Plats, Page 63, records of Snohomish County; thence westerly along the southerly boundary of said plat to the northeast comer of a lot defined as the west 120 feet of the north 75 feet of the north 155 feet of the south 330 feet of the SW 1/4 of the NE 1/4 of the NW 1/4 of Section 17, Township 27 North, Range 4 East, W.M.; thence southerly 75.0 feet along the easterly boundary of said lot to the southeast comer of said lot; thence westerly 10.00 feet along the southerly boundary of said lot to the northeast comer of a lot defined as the west 110 feet of the south 80 feet of the north 155 feet of the south 330 feet of the SW 1/4 of the NE 1/4 of the NW 114 of said Section 17; thence southerly 80.0 feet along the easterly boundary of said lot to the southeast comer of the lot; thence westerly 20.00 feet along the southerly boundary of said lot to the northeast comer of a lot defined as the west 90.0 feet of the north 87.5 feet of the south 175 feet of the SW 1/4 of the NE 1/4 of the NW 1/4 of said Section 17; thence southerly along the easterly boundary of said lot to the southeast comer of said lot; thence easterly along the prolongation of the southerly boundary of said lot to the westerly right -of -way margin of Olympic View Drive; thence southwesterly along said westerly right -of -way margin to the southeast comer of a lot defined as the south 87.5 feet of that portion of the SW 1/4 of the NE 1/4 of the NW 1/4 of said Section 17 lying westerly of Edmonds Road as measured along west line of sail subdivision; thence westerly along the southerly boundary of said lot to the easterly right -of -way margin of 72nd Avenue West; thence southerly along said easterly right -of -way margin to the westerly right -of -way margin of Olympic View Drive; thence southwesterly along the prolongation of said westerly right -of -way margin to the southeast corner of Lot 23 of the plat of the aforementioned Homeview Addition Number 1; thence westerly along the southerly boundary of said Lot 23 to the northeast corner of'Lot 27 of said plat; thence southerly along the easterly boundary, of said Lot 27 to the northeast corner of Lot 26 of said plat; thence southerly along the easterly boundary of said Lot 26 to the southeast comer of Lot 26; thence westerly along the southerly boundary of said Lot 26 to the easterly right -of -way margin of 73rd Avenue West; thence southerly alongg said margin to the intersection of County Road (l thence southwesterly along the prolongatior northerly right -of -way margin of Olympic intersection of the westerly right -of -way ma West; thence northerly along said westerly ri the southeast comer of Lot 77 of said plat then, southerly boundary of said Lot 77 to the POINT RESOLVED this 27th day of October 1998. APPROVE& BARBARA S. FAHEY, Mayor .6410 NOTARY 9N; : — "scn ; PUBUC ; a e .,��C�I OFtWASN, %%