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Home My WebLink Aboutord1987-0721' 2 3 4 5 6 7 8 9 10 11. 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 INTRODUCED BY: Consent PROPOSED BY: Engineering DATE INTRODUCED: November 5, 1987 ORDINANCE NO. 87 -72 AN ORDINANCE CREATING WHATCOM COUNTY IMPROVEMENT DISTRICT NO. 7 FOR STREET LIGHTING MAINTENANCE IN THE AREA KNOWN AS EMERALD LAKE IN WHATCOM COUNTY, WASHINGTON WHEREAS, by Resolution No. 87 -48 of the County Council of Whatcom County, Washington, the Council adopted a Resolution of Intent in the matter of formation of Whatcom County Road Improvement District No. 7 (R.I.D. No. 7) on October 15, 1987; and WHEREAS, the Council held a public hearing at 7:30 p.m. in the County Council Chambers in the Courthouse, Bellingham, Washington, on November 5, 1987 for the purpose for forming R.I.D. No. 7; and WHEREAS, notice of such hearing having been given by mailing a notice thereof fifteen days before the date fixed for such hearing to each pro- perty owner as shown on the tax rolls of the County Treasurer and by publishing a notice in two consecutive issues of the Westside Record Journal, a newspaper published weekly; and WHEREAS, the Clerk of the Council prepared a ballot for each owner or reputed owner of any lot, tract or parcel of land within the proposed improvement district containing the following proposition: "Shall Whatcom County Road Improvement District No. 7 be formed ?" Yes.......... No.......... and was mailed together with the notice referenced above; and WHEREAS, the ballots that were returned to the Clerk of the Council by November 12, 1987 at 5 :00 p.m. were validated and counted and a majority of the votes cast were for the formation of Whatcom County Road Improvement District No. 7. NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF WHATCOM COUNTY, as follows: 1. Section 1. There is hereby established,.pursuant to Chapter 36.88 RCW, a o— a�Tmprovement District in Whatcom County to be known and designated as "Whatcom County Road Improvement District No. 7 (hereinafter "RID No. 7" or "District "). Said District shall include all the territory described in Appendix A to this ordinance, which is hereby incorporated by this reference. Section 2. It is hereby found that the plan for maintenance of street lighting wi in RID No. 7 is feasible and that the benefits to be derived therefrom by the property within said District exceed the cost and expense of the formation of said District and the undertaking of the proposed main- tenance improvements therein. Section 3. The street lighting maintenance shall be performed from time To Time wholly within RID No. 7 (which maintenance improvements are herein referred to as the "Project ") within an area commonly known as Emerald Lake, a residential area. 87/302 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 4. The entire cost and expense of the Road Improvement Distric wi a borne by the property within the District. Said costs and expenses will be assessed on a per lot basis. The first annual maintenance assessment shall be based upon a Whatcom County Department of Public Works fee of $0.50 per lot per year and a per parcel charge of $7.00 per lot. The second and each succeeding annual maintenance assessment shall be based upon a Whatcom County Department of Public Works fee of $0.50 per lot per year plus the actual cost of maintenance and power charges not to exceed $7.00 per lot per year. Prior to the second and each succeeding annual maintenance assessment, a budget for Whatcom County Road Improvement District No. 7 shall be submitted to the Whatcom County Executive for approval. The amount of the final assessment together with interest and provi- sions for penalty shall, upon confirmation of the assessment roll by the Council, become a lien upon each lot within RID No. 7 from the time said assessment roll is placed in the hands of the County Treasurer for collec- tion. Section 5. The County Director of Public works is hereby authorized and ire undertake the maintenance project. Section 6. "Costs and expenses of undertaking the maintenance Projec as used herein and in any subsequent ordinance or resolutions relating to RID No. 7 shall mean those costs and expenses described in RCW 36.88.015 and RCW 36.88.340, as follows: 1) the cost of all of the main- tenance authorized in RID No. 7; 2) the costs of all advertising, mailing, and publishing of all notices; 3) the costs and expenses of all engineering; and 4) the cost of legal services and any other expenses incurred by the County for RID No. 7 or in the formation thereof, or by said RID No. 7 in connection with such maintenance. PASSED this 19th day of November , 19 87 I ATTEST: - arol EbergSon, Clerk of the Council APPROVED AS TO FORM: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Tom ur on, Chairman (� Approved G)� Vetoed �{.:.11t... VG ... 9 Shirley Van Z$nten, V Whatcom County Executive Date November 20., 1987 Civil Deputy Prosecuting Atty. Published 11/11/87 and 11/25/87 This ordinance will become effective on November 30, 1987 ORDINANCE - 2 87/302 APPENDIX "A" Beginning at the south quarter corner of Section 11, Township 38 North, Range 3 East of W.M., Whatcom County, Washington; proceeding thence North 0° 36' East, 1,950.88 feet to the most northeasterly corner of Lot 136 of the Plat of Emerald Lake filed in book 8 of Plats, page 95 of records of said County; thence North 00 36' East, to a point of 3 rods South of the Northeast corner, said point being 813.43 feet mor or less; thence South 670 59' 43" West to the Northeast corner of Lot 95 of the Plat of Emerald Lake Division 3, a distance of 1,925.64 feet more or less; thence south 670 59' 43" West 938.80 feet; thence North 880 19' 26" West, 756.93 feet; thence South 80° 58' West, 151.89 feet; thence South, 48.36 feet; thence South 12° 29' West, 253.85 feet; thence South, 220 28' West, 100.00 feet; thence, South 50 49' West, 150.67 feet; thence South 600 36' 14" West, 162.98 feet; thence South 500 34' 57" West, 94.49 feet; thence South 80 13' 07" West, 43.0 feet; thence North 790 48' 24" West, 121.66 feet; thence South 630 55' 45" West, 107.44 feet; thence North 276.83 feet; thence South 860 44' 19" West, 100.0 feet; thence North 130 43' 05" East, 155.17 feet to the North line of the Southwest quarter of the Southeast quarter of Section 10; thence North 89° 56' 16" West, 469.44 feet; thence South 01 34' 50" West, 1,313.57 feet; thence South 890 55' 10" East, 1,544.47 feet; thence South 890 23' 20" East, 423.38 feet to the Southeast quarter corner of Section 10; thence South 890 23' 20" East along the southern section line of Section 11, 664.5 feet; thence South 011 11" East, 370.24 feet in Section 14; thence North 730 39' East, 1,269.32 feet; thence South 890 23' 20" East, 776.60 feet to the Point of Beginning.