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HomeMy WebLinkAboutO-0820 - Waterworks and sewerage improvement (Special)/ / /CITY OF MARYSVILLE,WASHINGTON ORDINANCE NO AN ORDINANCE of the C1ty of Marysv1lle,Wash1ngton, spec1fy1ng and adopt1ng a system or plan of add1t10ns to and betterments and extens10ns of the waterworks ut1l1ty of the C1ty,1nclud1ng the sewerage system as a part thereof,declar1ng the est1mated cost thereof as nearly as may be,convert1ng Local ImproveMent Distr1ct No 56 to Ut1l1ty Local Improvement D1str1ct No 1,Local Improvement D1str1ct No 57 to Ut1l1ty Local Improvement D1str1ct No 2 and Local Improvement D1str1ct No 58 to Ut1l1ty Local Improvement D1str1ct No 3,author1z1ng the 1ssuance and sale of water and sewer revenue bonds 1n the pr1nc1pal sum of approx1mately $665,000 00 to prov1de the funds necessary to carry out such system or plan,creat1ng a spec1al fund to prov1de for the payment of such water and sewer revenue bonds,creat1ng a "Water and Sewer Construct10n F~d,19~4",author1z1ng the 1ssuance of 1nterest-bear1ng warrants drawn upon the "Water and Sewer Construct10n Fund,1974,"pend1ng the ~.~e of such revenue bonds,and repea11ng Ord1nance No lULl-passed July 8,1974 WHEREAS,the C1ty of Marysv1lle,Wash1ngton (here1nafter called the "C1ty"),by Ord1nance No 385 passed Septerrber 2,1952, corrb1ned the sewerage system of the C1ty w1th all add1t1ons and 1mprovements thereto w1th the waterworks ut1l1ty of the C1ty,and the sewerage system at all t1mes S1nce has been cons1dered a part of and belong1ng to the waterworks ut1l1ty of the C1ty,and the words "waterworks ut.a La tiy of the C1ty"shall he re i.nafce r mean the cornb i.n ed sewerage system and water system of the C1ty,together w1th all add1t1ons thereto and betterments and extens10ns thereof hereafter made,and WHEREAS,on July 9,1973,the C1ty Counc1l of the C1ty passed Ord1nance No 794,as amended by Ord1nance No 796 passed September 10,1973,orderlng the lmprovement of the area commonly known as "Smokey POlnt"by the constructlon and lnstallatlon of certaln sewer malns and appurtenances and a pump statlon and establlshed Local Improvement Dlstrlct No 56 In WhlCh such lmprovement was to be constructed and lnstalled,and no ordlnance has been adopted approvlng and COnflrm1ng the flnal assessment roll of such local lmprovement dlstrlct,and WHEREAS,on August 13,1973,the Clty Councll of the Clty passed Ordlnance No 797 orderlng the lmprovement of the Island Crosslng Area by the constructlon and lnstallatl0n of certa1n water malns,hydrants and appurtenances and establlshed Local Improvement Dlstrlct No 57 In WhlCh such lmprovement was to be constructed and lnstalled,and no ordlnance has been adopted approvlng and conflrIDlng the flnal assessment roll of such local lmprovement dlstrlct,and WHEREAS,on February 11,1974,the Clty Councll of the Clty passed Ordlnance No 814 orderlng the lmprovement of the Stlmpson Crosslng Industrlal Area by the constructl0n and lnstallatl0n of certaln trunk and lateral sewers and appurtenances and establlshed Local Improvement Dlstrlct No 58 In WhlCh such lmprovement was to be constructed and lnstalled,and no ordlnance has been adopted approvlng and conflrmlng the flnal assessment roll of such local lmprovement dlstrlct,and WHEREAS,the Clty Councll has determlned It to be In the best lnterests of the Clty that such lmprovernents be flnanced by the lssuance and sale of water and sewer revenue bonds and that pursuant to Sectlon 28,Chapter 52,Laws of 1967 of the State of Washlngton (RCW 35 43 043),such Local Improvement Dlstrlcts Nos.56,57 and 58 -2- should be converted lnto utlllty local lmprovement dlstrlcts to support such water and sewer revenue bonds to be lssued,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON, DO ORDAIN,as follows Sectlon 1 The Clty hereby speclfles and adopts a system or plan of addltlons to and betterments and extenslons of the waterworks utl11ty of the Clty,WhlCh system or plan lncludes the sewer malns and appurtenances and pump statl0n author12ed by Ordlnance No 794,as amended by Ordlnance No 796,to be constructed and lnstalled In Local Improvement Dlstrlct No 56,the water malns and appurtenances authorlzed to be constructed and lnstalled by Ordlnance No 797 In Local Improvement Dlstrlct No 57,and the trunk and lateral sewer malns and appurtenances authorlzed to be constructed and lnstalled by Ordlnance No 814 In Local Improvement Dlstrlct No.58, and cons 1St of the constructlon and lnsta1latl0n of the followlng lmprovements 1 A 14"sewer maln and appurtenances on Shoultes Road from the present terffi1nus north approxlmately 280 feet to l72nd Street N E ,thence along and In sald l72nd St N E.West approxlmately 5,268 feet to Old Ha qhway 99,thence an 8"sewer maan an 172nd Street N E from Old Hl.ghway 99 approxlmate1y 400 feet West A 10"maln l.n Old Hl.ghway 99 from l72nd St N E approxl.mate1y 795 feet to l74th St.N E A 10"maa,n a,n Old Hlghway 99 from 172nd St N E approxlrnately 2,186 feet south A 4"ll.ne In Old Hl.ghway 99 from 172nd St N E approX1.mate1y 1,660 feet south An 8"11.ne In 173rd St N E from Old Hl.ghway 99 approxl.mate1y 508 feet west A pump statl0n on Old Hl.ohway 99 approxl~ately 730 feet south of 169th St N E 2 A 10"11.ne l.n Old Pacl.fl.c Hl.ghway from 180th St N E approxl.mate1y 7,476 feet to 27th Ave N E , thence l.n 27th Ave N E approxlmate1y 2,330 feet to 2l2th St N E ,thence In 212th St N.E approxl.mate1y -3- 1,400 feet to a p01nt 2,005 feet west,and thence from that locat1on an 8"l1ne 1n 2l2th St N E approx1mately 520 feet to the West,and thence an 8"p1pe 1n 2l2th St N E.from a point 1,665 feet west of Old H1ghway 99 and 30 feet south due north approx1mately 95 feet 3 A 24"sewer ma1n and appurtenances,from Shoultes Road along QU1l Ceda Creek for approXlmately 1,350 feet to 48th Place,thence a 24"l1ne from 48th Place for approx1mately 3,000 feet to the marg1n of Old H1ghway 99,thence a 21"l1ne 1n Old H1ghway 99 for approx1mately 1,500 feet to l28th,thence an 18"l1ne 1n Old H1ghway 99 from 128th St for approx1- mately 2,800 feet to l36th St N E ,thence a 15"l1ne 1n Old H1ghway 99 from l36th N E approx1mately 1,700 feet,thence a 12"l1ne 1n l36th N E from Old H1ghway 99 approx1mately 3,100 feet to the Ar11ngton Ra1lroad spur,an 8"p1pe 1n l28th St N E from Old H1ghway 99 approx1mately 850 feet to the Arl1ngton Ra1lroad spur, an 8"l1ne 1n 43rd Ave N E from the north l1ne of sa1d Sect10n 4,Townsh1p 30,Range 5 East,W M ,1,100 feet north The C1ty may mod1fy the deta1ls of the forego1ng system or plan such as to make changes 1n the locat10n and S1ze of such sewer l1nes and water ma1ns where such mod1f1cat10ns do not substant1ally alter the purposes of that system or plan All of the forego1ng shall be 1n accordance W1th the plans and spec1f1cat10ns therefor prepared by the C1ty Eng1neer Sect10n 2 The l1fe of the forego1ng add1t10ns,betterments and extens10ns 1S hereby declared to be at least th1rty years Sect10n 3 The est1mated cost of the acqu1s1t1on, construct10n and 1nstallat1on of the above-descr1bed add1t10ns to and betterments and extens10ns of the waterworks ut1l1ty of the C1ty 1S hereby declared to be,as nearly as may be,the sum of $665,000 00, and such est1mated cost shall be met and defrayed from the proceeds rece1ved from the 1ssuance and sale of water and sewer revenue bonds of the C1ty 1n the amount of approx1mately $665,000 00 -4- The bonds shall be ~ssued at such t~mes and ~n such amounts or ser~es as the C~ty Counc~l shall hereafter deterrnQne,and shall conta~n such covenants and ~nterest rates as the C~ty Counc~l shall hereafter approve The bonds shall be payable from the gross revenues rece~ved from charges for water furn~shed and san~tary sewage d~sposal serV1ce and from the rece~pt of payments of assessments lev~ed ~n Ut~11ty Local Improvement D1str1cts Nos 1,2 and 3 created by th~s ord~nance Such assessments shall be for the sole purpose of payment ~nto the spec1al revenue bond redempt10n fund here~na£ter created for the payment of the revenue bonds author1zed by L'~S ord~nance and any add1t~onal and/or refund~ng water and sewer revenue bonds hereafter ~ssued on a par1ty of l1en W1th the bonds author1zed by th~s ord~nance under such terms and cond~t1ons as shall be hereafter spec~f~ed by the C1ty Counc~l Sect~on 4.Pursuant to the prov~s~ons of Sect~on 28, Chapter 53,Laws of 1967 of the State of Wash~ngton (RCW 35 43 043), Local Improvement D1str~ct No 56 of the C~ty created by and described ~n Ord1nance No 794,as amended by Ord~nance No 796,1S hereby converted to a ut~11ty local ~mprovement d~str~ct to be known as "Ut~l~ty Loca]Improvement D~str~ct No 1,"Local Improvement D1str~ct No 57 of the C1ty created by and descr~bed 1n Ord~nance No 797 ~s hereby converted to a ut~l~ty local ~mprovement d1str~ct to be known as "Ut1l1ty Local Improvement D1str1ct No 2,"and Local Improvement D~str~ct No 58 of the C~ty created by and descr~bed 1n Ord~nance No 814 ~s hereby converted to a ut~l~ty local ~mprovement d~str~ct to be known as "Ut~l~ty Local Improvement D~str~ct No 3"The -5- ~mprovements to be constructed and ~nstalled under and w~th~n Ut~l~ty Local Improvement D~str~cts Nos 1,2 and 3 shall be those ~rnprovements descrlbed ~n the respect~ve ord~nances creat~ng the or~g~nal local lmprovement dlstrlcts and as descr~bed ~n Sectl0n 1 of thlS ordlnance Sectlon 5 The entlre cost and expense of the lmprovernents wlthln each utlllty local lmprovement dlstrlct shall be borne by and assessed agalnst the propertles speclally beneflted by such lmprovernents ~ncluded ~n each respect~ve ut~llty local ~mprovement d~strlct ernbrac~ng,as near as may be,all the propertles speclally beneflted by such lmprovements In accordance wlth the provlslons of Sectlon 7 of Chapter 258,Laws of 1969,1st Ex Ses ,of the State of Washlngton (RCW 35 44 047),the Clty may use any method or cornblnatlon of methods to compute assessments WhlCh may be deemed to fa~rly reflect the spec~al benef~ts to the propert~es be~ng assessed Sectlon 6 The speclal assessments to be levled and assessed upon the propertles wlthln Utlllty Local Improvement Dlstrlcts Nos 1,2 and 3 shall be pald ~n twenty equal annual lnstallments wlth lnterest to be hereafter flxed by ordlnance not exceedlng 8-1/2% per annum In the case of default In the payment of any assessment when the same shall become due,there shall be added lnterest at a rate to be hereafter flxed by ord~nance not to exceed 8-1/2%per annum and a penalty of 5%whlch shall also be collected Sect~on 7 The Clty shall lssue one or more serles of water and sewer revenue bonds at such tlmes as the Clty Councll shall deem advlsable The water and sewer revenue bonds shall be en t a t.Le d "Water and Sewer Revenue Bonds,1974,"wlth s eri.es -6- deslgnat10n followlng,1f lssued In serles Such bonds shall bear a.nt.e re s t;payable senu ennuat ly ,and shall be numbered from "1" upward consecut1vely w1th1n each serles as 1ssued The bonds shall be 1ssued In such ser1es,shall be 1n such denom1natl0n and fOrM, shall bear such date or dates and lnterest rate or rates,shall be payable at such place or places,shall mature ser1ally In accordance w1th such schedule beg1nn1ng not earl1er than one year after date of 1ssuance and end1ng not later than th1rty years thereafter,or shall be term bonds,shall have such optlon of payment pr10r to matur1ty, shall guarantee such coverage and collect1on of rates,shall prov1de for such addlt10nal funds and accounts,and shall contaln and be subJect to such provlsl0ns or covenants as shall be hereafter prov1ded by ord1nance The bonds shall be sold 1n such manner as the C1ty Counc11 of the Clty shall deem to be In the best lnterest of the Clty Sect10n 8 The gross revenues and beneflts to be derlved from the operatlon and malntenance of the waterworks utl1lty of the Clty and the addltl0ns thereto and extenslons and betterments thereof hereln provlded at the rates to be charged for water furnlshed and sanltary sewage dlsposal serVlce on the entlre utlllty wl11,In the Judgment of the Clty Councll,be more than sufflClent to meet all expenses of operatl0n and malntenance thereof and to perffilt the settlng aSlde lnto a speclal fund out of the gross revenues of the waterworks utl11ty of the Clty,In addltlon to the speclal assessments to be levled and collected In Utl1lty Local Improvement Dlstrlcts Nos 1,2 and 3,of sufflclent amounts to pay the lnterest -7- on the "Water and Sewer Revenue Bonds,1974,"he.rea,n autiho ra z ed to be J.ssued and on all other presently outstandJ.ng water revenue bonds and water and sewer revenue bonds of the CJ.ty as such J.nterest becoMes due and payable and to pay and redeem all of those bonds at maturJ.ty The water and sewer revenue bonds hereJ.n author~zed to be J.ssued and sold shall be payable solely out of the specJ.al fund hereJ.n created and shall be a valJ.d claJ.m of the owner thereof only as aga~nst such spec~al fund and the amount of the revenues of the waterworks utJ.lJ.ty of the CJ.ty and the specJ.al assessments pledged to such specJ.al fund and shall not be a general oblJ.gat~on of the C~ty SectJ.on 9 There J.S created and establJ.shed J.n the offJ.ce of the Treasurer of the CJ.ty a specJ.al fund to be known as the "Water and Sewer Revenue Bond Fund,1974,"whi.ch fund J.S to be drawn upon for the sole purpose of payJ.ng the prJ.ncJ.pal of and J.nterest on the water and sewer revenue bonds here~n author~zed to be ~ssued and sold and any addJ.tJ.onal water and sewer revenue bonds whJ.ch may be hereafter J.ssued on a parJ.ty of lJ.en therewJ.th under such terms and condJ.tJ.ons as the CJ.ty CouncJ.l may prescrJ.be From and after the date thereof and so long thereafter as bonds are outstandJ.ng agaJ.nst such fund,the CJ.ty Treasurer shall set as~de and pay ~nto that fund out of the gross revenues of the waterworks ut~lJ.ty of the CJ.ty now belong~ng to or whJ.ch may hereafter belong to the CJ.ty,J.ncludJ.ng all add~tJ.ons to and extensJ.ons and betterments of that utJ.lJ.ty at any tJ.me made,a fJ.xed amount wJ.thout regard to any fJ.xed proportJ.on,namely,an amount J.n addJ.tJ.on to any specJ.al assessments levJ.ed and collected J.n UtJ.lJ.ty Local Improvement DJ.strJ.cts Nos 1,2 and 3 and ~n any utJ.lJ.ty local -8- ~mprovement d~str~ct hereafter created the assessments ~n wh~ch w~ll be payable ~nto that spec~al fund,wh~ch w~ll be suff~c~ent to pay the pr~nc~pal of and ~nterest on all bonds payable out of that spec~al fund as they respect~vely become due and to create such surplus and reserve,~f any,that may hereafter be prescr~bed by ord~nance.The gross revenues from the waterworks ut~l~ty of the C~ty and any spec~al assessments lev~ed w~th~n Ut~l~ty Local Improvement D~str~cts Nos 1, 2 and 3 are hereby pledged to such payment and the water and sewer revenue bonds here~n author~zed and any future par~ty bonds shall const~tute a charge or l~en upon such revenues and spec~al assessments pr~or and super~or to any other charges whatsoever exc1ud~ng charges for ma~ntenance and operat~on,except that the charge or l~en upon such revenues for such bonds shall be subord~nate and ~nfer~or to the pr~or charge or l~en upon such gross revenues for the presently outstand~ng "Water Revenue Bonds,1952 (Ser~es A and Ser~es B),""Water and Sewer Revenue Bonds,1955,""Water and Sewer Revenue Bonds,1959," "Water and Sewer Revenue Bonds,1963,""Water and Sewer Revenue Bonds, 1965,""Water and Sewer Revenue Bonds,1967,""Water and Sewer Revenue Bonds,1969,""Water and Sewer Revenue Bonds,1969,Issue No 2,"and add~t~onal water and sewer revenue bonds hereafter ~ssued on a par~ty therew~th pursuant to the prov~s~ons of Sect~on 19 of Ord~nance No 384 and Sect~on 11 of Ord~nance No 668 Sect~on 10 The C1ty Counc~l and corporate author~t1es of the C1ty hereby declare that ~n creat~ng the "Water and Sewer Revenue Bond Fund,1974,"and f~x1ng the amounts to be p aa d a.nt;o ~t as set forth ~n th~s ord~nance,they have exerc~sed due regard to the cost of the operat~on and ma~ntenance of the waterworks ut111ty of the -9- ·\ C~ty and the debt serv~ce requ~rements of all presently outstand~ng water revenue bonds and water and sewer revenue bonds referred to above The C~ty has not bound or obl~gated ~tself and w~ll not b~nd and obl~gate ~tself to set as~de and pay ~nto such spec~al fund a greater amount or proport~on of revenues of the waterworks ut~l~ty of the C~ty than ~n the Judgment of the C~ty Counc~l w111 be ava~lable over and above such costs and ma~ntenance and operat~on and debt serv~ce requ~rements of those outstand~ng bonds No port~on of the revenues of the waterworks ut~l~ty of the C~ty has been prev~ously pledged for any ~ndebtedness other than the aforesa~d bonds_ Sect~on 11 There ~s created and establ~shed ~n the off~ce of the Treasurer of the C~ty a ape ca.a.l,fund to be known as the "Water ~ and Sewer Construct~on Fund,1974"The proceeds rece~ved from the sale of the "Water and Sewer Revenue Bonds,1974,"shall be depos~ted a.n the "Water and Sewer cons t ruotn.on Fund,1974,"of the C~ty and shall be used for the sole ?urpose of pay~ng the cost of carry~ng out the add~t~ons to and betterments and extens~ons of the waterworks ut~l~ty of the C~ty as here~n author~zed and of pay~ng the costs and expenses connected therew~th The C~ty,through ~ts proper off~cers and agents,shall proceed w~th the mak~ng of those ~mprovements and the call~ng of b~ds therefor ~n the manner prov~ded by law.Pend~ng the sale of the "Water and Sewer Revenue Bonds,1974,"the C~ty may ~ssue ~nterest-bear~ng warrants drawn upon the "Water and Sewer Construct~on Fund,1974,"to be pa~d out of the proceeds of the sale of the bonds and from any other moneys ava~lable to the C~ty ~n cash to f~nance the ~mprovements Sect~on 12 Ord~nance No ~passed by the C~ty Counc~l and approved by the Mayor on July 8,1974,~s hereby repealed -10- , '..1 PASSED by the C1ty Counc11 and APPROVED by the Mayor of the C1ty of Marysv111e,Wash1ngton,at an open pub11c regular meet1ng thereof,th1s 12th day of August,1974 ATTEST C1ty Clerk C1ty Attorney -11-