Ordinance 324300006.090.087
:JEH
02/19/99
rev. 03/08/99jeh
ORDINANCE NO. 3243
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 NORTH PERRINVILLE AREA,
FORMING AND ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO.
216 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 North
Perrinville Area, and
WHEREAS, said resolution set March 2, 1999 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
-1-
225081.1
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
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 L. 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
-2-
225081.1
applicable City standards. The routes along which the said sanitary sewer mains will be
constructed are as follows: On 181st Place SW from Homeview Drive thence 500 feet west,
thence northerly approximately 400 feet on easements through Lots 14, 15 and 2 of Homeview
Addition No. 2 to 180th Street SW, on 72nd Avenue W from 182nd Place SW to approximately
200 feet north of 179th St SW, on 180th St SW from 69th Avenue West to 72nd Avenue W, on
179th St SW from 72nd Avenue W thence 550 feet east, and on 182nd Street SW from 72nd
Avenue West thence 150 feet west. The specific route of the sanitary sewer mains may be
revised based upon sound engineering practice and as determined by the City Engineer, as long
as the mains provide the same level of service to those properties within the proposed LID
boundaries as described on Exhibit A and depicted on Exhibit B.
All of the foregoing shall be in accordance with the plans and specifications therefor
prepared by the City Engineer or under his supervision.
Section 2. Formation of LID. There is created and established a local
improvement district, to be called Local Improvement District No. 216 ( "the North 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 $749,700.00. 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,
-3-
225081.1
accounting, administrative, printing, legal, interest and other expenses incidental thereto or
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 North 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
-4-
225081.1
parcel were subdivided, the total number of ERUS shall be equal to the total number of existing
and potential single- family dwelling units that could be built on the property under applicable
zoning regulations and if the parcel were subdivided.
D. In the future, if any parcel is divided into more building lots on sites than
were included in the LID assessment roll, a fee in lieu of assessment, in the amount of one ERU
will become due for each additional building lot or site created.
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. 216, 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 interest 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
-5-
225081.1
by the collection of special assessments to be levied and assessed against the property within the
District, payable in annual installments, with interest at a rate to be hereafter fixed by the
ordinance authorizing issuance and sale of the bonds. The exact form, amount, date, interest
rate and denominations of such bonds shall be hereafter fixed by ordinance of the City Council.
Such bonds shall be sold in such manner as the City Council shall hereafter determine.
Section 6. 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. 216, 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
-6-
225081.1
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
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:
MAYOR BARBARA S. FAHEY
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
-7-
225081.1
FILED WITH THE CITY CLERK: 03/12/99
PASSED BY THE CITY COUNCIL: 03/16/99
PUBLISHED: 03/21/99
EFFECTIVE DATE: 03/26/99
ORDINANCE NO. 3243
225081.1
EXHIBIT A
LEGAL DESCRIPTION OF PROPOSED CITY OF EDMONDS L.I.D. #216
NORTH PERRINVILLE SANITARY SEWER L.I.D.
BEGINNING at the southwest corner of Lot 18 of Homeview Addition No. 2 as recorded
in Volume 16 of Plats, Page 3, records of Snohomish County, WA; 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
$86024'10"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
S88 015'40 "W 556.93 feet to the westerly boundary of said plat thence southerly along
said westerly boundary to the POINT OF BEGINNING. TOGETHER WITH THE
FOLLOWING; BEGINNING at the northeast corner of Lot 49 of Plat of Homeview
Addition No. 1 as recorded in Volume 13 of Plats Page 91, records of Snohomish
County; thence S00 °32'50 "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 181" Place SW; thence
N00 032'50 "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 °08'50 "E 485.34 feet to the easterly
boundary of said plat; thence northerly along said easterly boundary to the northeast
corner of said plat thence northerly to the southwest corner of Cherry Hill Tracts as
recorded in Volume 15 of Plats Page 24 records of Snohomish County; thence northerly
along westerly boundary of said plat to the northeast corner of Norwood Park replat as
recorded in Volume 25 of Plats Page 57 records of Snohomish County; thence westerly
along the northerly boundary of said replat to the northwest corner of the replat; thence
continuing westerly along the prolongation of said northerly boundary to the easterly
right -of -way margin of 72 "d Avenue West thence westerly to the northeast corner of Lot 1
of Hillview Addition as recorded in Volume 17 of Plats Page 15 records of Snohomish
County; thence southerly along the prolongation of the westerly right -of -way margin of
72nd Avenue West to the northeast corner of Lot 1 of the plat of Homeview Addition No.
1 thence southerly along the easterly boundary of said Lot 1 to the southeast corner of the
Lot; thence' westerly along the southerly boundary of said Lot 1 to the POINT OF
BEGINNING.
■ ■
ME
■
1.41
jj �
IY;
O�
mm-
'19,
-wf mm
0
���
LAMOv.
'/,%%
mm
mm
NORTH
CITY OF
PROPOSE D
PERRINVILLE
EDMONDS
L.I.D. 216
SANITARY SEWER L.I.D.
■ 0 ■ ■ ■ ■ ■ ■ ■ ■ = PROPOSED LID BOUNDARY
Not to scale
Document
Adopted by Reference
Ordinance #3.2y3 on
Revised Code of Washington ,City Clerk
TITLE 35 RCW CITIES AND TOWNS
CHAPTER 35.43 RCW LOCAL IMPROVEMENTS -- AUTHORITY -- INITIATION OF PROCEEDINGS
RCW 35.43.130 Preliminary estimates and assessment roll.
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 -4983 c 303: See RCW 36.60.905.
Construction -- Severability -1967 c 52: See notes following RCW 35.43.042.
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
http: / /www.mrsc.org /cgi- binlom cgi.exe ?clientlD= 73506& hitsperheading= on &infobase= rcw.nfodd =35.43
Document
Page 2 of 5
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 -4984 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.]
RCW 35.43.150 Resolutions -- Hearing upon -- Notice.
Notice of the hearing upon a resolution declaring the intention of the legislative authority of a
city or town to order an improvement shall be given by mail at least fifteen days before the day
fixed for hearing to the owners or reputed owners of all lots, tracts, and parcels of land or other
property to be specially benefited by the proposed improvement, as shown on the rolls of the
county assessor, directed to the address thereon shown.
The notice shall set forth the nature of the proposed improvement, the estimated cost, 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 the estimated benefits of the particular lot, tract, or parcel. [ 1989 c 243 § 3;
1983 c 303 § 2; 1965 c 7 § 35.43.150. Prior: 1957 c 144 § 9; prior: 1929 c 97 § 1, part; 1911 c 98
§ 10, part; RRS § 9361, part.]
NOTES:
Severability -4983 c 303: See RCW 36.60.905.
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.]
http: / /www.mrsc.org /cgi- binlom cgi.exe ?clientID= 73506& hitsperheading= on &infobase= rcw.nfodd =35.43
Document
Page 1 of 4
Revised Code of Washington
TITLE 35 RCW CITIES AND TOWNS
CHAPTER 35.44 RCW LOCAL IMPROVEMENTS -- ASSESSMENTS AND REASSESSMENTS
RCW 35.44.020 Assessment district - -Cost items to be included.
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 -4987 c 242: See note following RCW 35.43.005.
Authority supplemental -- Severability- -1985 c 397: See RCW 35.51.900 and 35.51.901.
RCW 35.44.030 Assessment district -- Zones.
For the purpose of ascertaining the amount to be assessed against each separate lot, tract,
parcel of land or other property therein, the local improvement district or utility local improvement
district shall be divided into subdivisions or zones paralleling the margin of the street, avenue, lane,
alley, boulevard, park drive, parkway, public place or public square to be improved, numbered
respectively first, second, third, fourth, and fifth.
The first subdivision shall include all lands within the district lying between the street margins
and lines drawn parallel therewith and thirty feet therefrom.
The second subdivision shall include all lands within the district lying between lines drawn
parallel with and thirty and sixty feet respectively from the street margins.
The third subdivision shall include all lands within the district lying between lines drawn
parallel with and sixty and ninety feet respectively from the street margins.
The fourth subdivision shall include all lands, if any, within the district lying between lines
drawn parallel with and ninety and one hundred twenty feet respectively from the street margins.
The fifth subdivision shall include all lands, if any, within the district lying between a line
drawn parallel with and one hundred twenty feet from the street margin and the outer limit of the
http: / /www.mrsc.org /cgi- binl om_ cgi. exe? clientID = 73506& hitsperheading= on &infobase= rcw.nfo&f =35.44
Document
Page 1 of 4
Revised Code of Washington
TITLE 35 RCW CITIES AND TOWNS
CHAPTER 35.51 RCW LOCAL IMPROVEMENTS -- CLASSIFICATION OF PROPERTY -- RESERVE FUND
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.]
RCW 35.51.040 Reserve fund authorized - -Use.
For the purpose of securing the payment of the principal of and interest on an issue of local
improvement bonds, notes, warrants, or other short-term obligations, the legislative authority of a
municipality may create a reserve fund in an amount not exceeding fifteen percent of the principal
amount of the bonds, notes, or warrants issued. The cost of a reserve fund may be included in the
cost and expense of any local improvement for assessment against the property in the local
http: / /www.mrsc.org /cgi- binlom cgi.exe ?clientID= 73506 &infobase= rcw.nfo &jump= 35.51.030 &s16 e =Doc
Document
Revised Code of Washington
TITLE 39 RCW PUBLIC CONTRACTS AND INDEBTEDNESS
CHAPTER 39.50 RCW SHORT -TERM OBLIGATIONS -- MUNICIPAL CORPORATIONS
Page 1 of 4
CHAPTER 39.50 RCW
SHORT -TERM OBLIGATIONS -- MUNICIPAL CORPORATIONS
Sections
39.50.010 Definitions.
39.50.020 Short-term obligations authorized.
3 .50.030 Issuance of short-term obligations -- Procedure -- Interest rate -- Contracts for future sale.
39.50.040 Refunding and renewal of short-term obligations.
3 .50.050 Short-term obligations -- Security.
39 50.060 Nonvoted general indebtedness.
39.50.070 Funds for payment of principal and interest.
3 .50. 00 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, fire protection district or
any other municipal or quasi municipal corporation described as such by statute, or regional transit
authority, 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. [1998 c 106 § 8; 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 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
http: / /www.mrsc.orglcgi- binlom cgi.exe ?clientID= 73506& hitsperheading =on &infobase= rcw.nfo&j =39.50
Document
Page 2 of 4
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- 4995 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.]
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
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.
For 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.]
http: / /www.mrsc.orglegi- binlom cgi.exe ?clientlD= 73506& hitsperheading =on &infobase= rcw.nfo&j =39.50
STATE OF WASHINGTON.
ss.
COUNTY OF SNOHONTISH,
SUMMARY OF ORDINANCE NO._3243
of the try E on s, as tngton
On the 16th day of March, 1999, the City Council of the City of,
Sdmonds. passed Ordinance No. 3243. 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, .
NORTH PERRINVILLE AREA, FORMING AND ESTABLISHING i
I LOCAL IMPROVEMENT DISTRICT NO. 216 OF THE CITY OF+
EDMONDS IN ORDER TO PROVIDE FOR THE CARRYING OUTS.
OF SAID IMPROVEMENTS AND FOR THE FINANCING
THEREOF; PROVIDING THAT PAYMENT FOR SAID
1
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 WARRANTSf
OR OTHER SHORT TERM OBLIGATIONS IN ANTICIPATION OF
THE ISSUANCE OF LID BONDS; AND ESTABLISHING AN M
EFFECTIVE DATE. 1j+
The full text of this Ordinance will be mailed upon request f
DATED this 171h day of March, 1999 1
CITY CLERK, SANDRA S. CHASE f
FXHIRIT A I
BEGINNING at the southwest comer o� tot 18 of Homeview Addition
No. 2 as recorded in Volume 16 of Plats, Page 3, records of Sno-
homish County, WA; thence S88228'00 "E 175.20 feet; thencel
N70905'00 "E 95.80 feet; thence N50243'00 "E 203.52 feet; thence,
} S86°24'10 "E 118.00 feet to the westerly right -of -way margin of i
Homeview (rive; thence northeasterly along the said westerly right -i
of way marggin to the southeastern comer of Lot 23 of said plat-,
jj thence N20'2522 W 204.01 feet to the southerly right -of -way mar-
s gin of 181st Place SW thence easterly along said southerly right -of -j
I way margin to the westerly right -of -way margin of Homeview Drive;
thence northerly along the prolongation of said westerly right -of -ways
margin to the intersection of northerly right -ol -way margin of 181st.
Place SW; thence westerly along said northerly right -of -way marginj
to the southwest comer of Lot 9 of said plat; thence northerly along
westerly right -of -way boundsry of said Lot 9 to the northwest corner,
of the lot thence 588415'40 W 556.93 feet to the westerly boundary,
of said plat thence southerly along said westerly boundary to the[
POINT OF BEGINNING. TOGETHER WITH THE FOLLOWING ;,
BEGINNING at the northeast comer of Lot 49 of Plat of Homeview
Addition No. 1 as recorded in Volume 13 of Plats Page 91, records
of Snohomish County; thence S00432'50"W 690.00 feet to the
,northwest comer of Lot 11 of said plat; thence easterly along the
northerly boundary of said Lot 11 to the westerly right -of -way margin..
rot 72nd Avenue W.- thence continuing easterly along the prolonga
,tion of the northerly boundary of Lot 11 to the easterly right -of -way
A corner of Lot 5 of the Plat of M
19 of Plats Page 115 records of
along the westerly boundary of
Lot 7 of said plat; thence S 88\
boundary of said plat; thence no
to the northeast comer of said E
A comer of Cherry Hilt Tracts as
ge 24 records of Snohomish Coui
boundary of said plat to the not
tat as recorded in Volume 25 of
said replat to the northwest comer of the replat; [hence continuing,
westerly along the prolongation of said northerly boundary to the
easterly right -of-way margin of 72nd Avenue West thence westerly,
to the nort heast comer of Lot 1 of Hiilview Addition as recorded in
Volume 17 of Plats Page 15 records of Snohomish County; thence'.
southerly along the prolongation of the westerly right -of -way margin;
of 72nd Avenue West to the northeast comer of Lot 1 of the plat of
Homeview Addition No. 1 thence southerly along the easterly.
boundary of said Lot 1 to the southeast comer of the Lot; thence,
westerly along the southerly boundary of said Lot 1 to the POINT
OF BEGINNING.
m®rr s
tue or tm
cmr or MWONa6
PROPOM .rn. zre
eoen remRMVM z sumAa s
"M u.o:
........... quern
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 ......... ...............................
SLmmlary of Ordinance No. 3243
..................................................................................................... ...............................
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 21, 1999
:Y Y •
a....... ................................ ............................... ..
and that aid newspaper was regular ;�y dist buted\to; its subscribers
all of said
......................
icipal Clerk
Subscribed and sworn to before me this.:........ 22nd
Marc 99
0 ..... .... .... ......................... ....................., 19.........
°- ...........
Notary Public in and f r the Sta a of Washington,
residing at Everett, S oh sh ounty.
NOTARY 9N•i
+N : �RUBLlC oti:z