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HomeMy WebLinkAboutO-0821 - Creates LID No. 59 (Special)• ORDINANCE NO AN ORDINANCE OF THE CITY OF MARYSVILLE ORDERING A LOCAL IMPROVEMENT CREATING A LOCAL IMPROVEMENT DISTRICT TO BE KNOWN AS LID #59,DESCRIBING THE IMPROVEMENT,CONFIRMING AND APPROVING THE PRELIM- INARY ESTIMATE AND PRELIMINARY ASSESSMENTS THEREFOR, AUTHORIZING THE ISSUANCE AND SALE OF BONDS IN THE PRINCIPAL SUM OF APPROXIMATELY $87,000 00 TO PRO- VIDE THE FUNDS NECESSARY TO CARRY OUT THE CONSTRUC- TION OF SUCH SYSTEM,CREATING A SPECIAL FUND TO PROVIDE FOR THE PAYMENT OF THE BONDS,CREATING A CONSTRUCTION FUND AND AUTHORIZING THE ISSUANCE OF INTEREST-BEARING WARRANTS DRAWN UPON THE CONSTRUC- TION FUND WHEREAS,a petlt10n praYlng that the C1ty of Marysv1lle, a munlc1pal corporat1on of the thlrd class,Snohom1sh County,Wash1ng- ton,form a local lmprovement dlstr1ct for the purpose of construct1ng sewers,malns and appurtenances to run from the present term1nus of the C1ty'S sewer d1strlbut1on system to the terr1tory w1th1n the pro- posed d1strlct through terr1tory not w1th1n the proposed d1str1ct was flIed on the 24th day of June,1974 w1th the C1ty Clerk,and WHEREAS,the terr1tory extent to be spec1f1cally benef1tted by the proposed 1mprovement lS w1thln the real property sltuated 1n Snohomlsh County,Wash1ngton and as herelnafter descrlbed In th1S Ordlnance,and WHEREAS,by motlon and by Resolutlon No 814 the Clty Counc1l of the Clty of Marysvllle,pursuant to publlC not1ce,held a publ1C hearlng on the 22nd day of July,1974 at 8 00 P m In the Counc1l Chambers at Clty Hall to establlsh a local 1mprovement dlstrlct,and further to conf1rm the prellmlnary estlmate and the prellm1nary assess- ment roll therefor,and lt appearlng that the maJorlty of the owners of the property to be spec1ally benefltted wlthln sa1d proposed d1S- trlct are In favor of the creatlon of the LID and also of the assess- ment roll as provlded by law,and that the petltlon 1S sufflclent and the facts mereln stated are true and correct,and that the establ1shment of such a dlstr1ct lS In the best publ1C lnterest,and WHEREAS,as requ1red by law,the C1ty Englneer has flIed a certlflcate settlng forth the data requlred 1n RCW 35 43 130,Now, Therefore, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS Sectlon 1 There 1S hereby created Local Improvement D1S- trlct #59 to embrace the property speclally benefltted from the proposed lmprovement as herelnafter descrlbed -1- Sectl0n 2 The lmprovement shall conslst of constructlng and lnstalllng withln the dlstrlct below descrlbed the followlng lmprove- ment A ten-lnch maln throughout the dlstrlct WhlCh shall be located on the followlng streets In the approXlmate llnear footage as follows ApproXlmately 400 feet of sald ten-lnch llne commenclng at the South boundary as lt lntersects 42nd Avenue N E thence North to 128th Street N E The sald ten-lnch 11ne on 128th Street N E from the Burllngton Northern rallroad rlght-of-way East ~pproxl­ mately 300 feet to 43rd Avenue N E On 43rd Avenue N E a ten-lnch llne from the Burllngton Northern rallroad rlght-of-way South to the South boundary approxlmate1y 1300 feet On l29th Place N E approxlmately 800 feet of the sald ten-lnch llne commenclng at the East property boundarles of Lot 8 of Walters Manor D1V1Slon No 3 and Lot 48 of the Country Valley Homesltes West to 43rd Avenue N E Approxlmately 300 feet of the sald ten-lnch llne on l30th Place N E commenclng at the lntersectlon of l3lst Place NEWest to 43rd Avenue N E ApproXlmately 1400 feet of ten-lnch llne on l3lst Place N E from the lntersectlon of 46th Drlve N E Westerly and thence Southerly to l30th Place N E ApproXlmately 100 feet of sald ten-lnch llne on 46th Drlve N E from l3lst Place N E to the North boundary of the sald Dlstrlct The sald above ten-lnch llne and lmprovements are for sewer purposes only The Clty may modlfy the detalls of the foregolng sys-f/,terns or plans such as to make the changes In the locatlon and Slze of such sewer 1lnes land sewer malns where such 1 modlflcatlons do not substantlally alter the purpose of that system or plan All of the foregolng shall be In accordance wlth the plans and speclflcatlons thereof prepared by the Clty Englneer, Sectlon 3 The pre11mlnary estlmate and prellmlnary assess- ment roll for Local Improvement Dlstrlct #59 for the above-descrlbed lmprovements wlthln and for the followlng descrlbed property belng the boundarles of the LID #59 -2- All those portlons of Walters Manor D1V1Slon Number 2 as recorded In Volume 21 of Plats,page 90,Walters Manor D1V1Slon Number 3 as recorded In Volume 28 of Plats,pages 19 and 20,Country Valley Homesltes D1V1Slon Number 2 as recorded In Volume 25 of Plats, page 81,and Country Valley Homesltes as recorded In Volume 25 of Plats,page 79,all In records of Sno- homlsh County,Washlngton,and all located In the South half of Sectlon 4,Townshlp 30 North,Range 5 E WM , sald portlons more partlcularly descrlbed as follows Beglnnlng at the Southwest corner of Walters Manor D1V1Slon Number 2,thence East along the South llne there- of to the centerllne of 43rd Avenue N E ,thence North along sald centerllne to the South llne of Country Valley Homesltes,thence East along the South llne of Country Valley Homesltes to the Southeast corner of Lot 32,thence North along the East llne,ltS Northerly extenslon,the Southerly extenslon of the East llne of Lot 33,to the Northeast corner of sald Lot,thence East along thelSouth llne of Lots 54 - 48 lncluslve to the Southeast corner of Lot 48,thence North along the East llne of Lot 48,ltS northerly extensl0n,the Southerly extenslon of the East llne of Lot 8 to the Northeast corner thereof,thence West along the North llne of Lots 8 through 4 lncluslve,to the Northwest corner of Lot 4,thence North along the West llne of Lot 4,Wal- ters Manor D1V1Slon Number 3 and ltS northerly extensl0n to the centerllne of l30th Place Northeast,thence East along sald centerllne to the Southerly extensl0n of the East llne of Lots 42,43 and 44 to the Northeast corner of Lot 44,thence East along the South llne of Lots 46 through 55 lncluslve,and the Easterly extensl0n of the South llne of Lot 55 to the centerllne of 46th Drlve N E ,thence North along sald centerllne to the Westerly extenslon of the South llne of Lot 22,thence East to the East llne of sald plat,thence North along the East llne to the Northeast corner of sald plat, thence West along the North Ilne to the Northwest cor- ner of sald plat,thence South along the West boundary to the Southwest corner of sald plat and the Northwest corner of Country Valley Homesltes D1V1Slon Number 2, thence South along the West llne of sald plat to the Southwest corner of Lot 4,thence East along the South 11ne of Lot 4 to the Northwest corner of Lot 5,thence South along the West 11ne of Lot 5,ltS Southerly exten- Slon,the Northerly extenslon of the West llne of Lot 11 to the Northeast corner of Lot 13,thence West along the North llne of Lots 13 through 16 lncluslve,to the West llne of sald plat,thence South along sald West llne and the West llne of Walters Manor Dlvlslon Number 2 to the POlnt of Beglnnlng -3- be and the same 1S hereby approved and conf1rmed 1n all respects Sect10n 4 That the prel1m1nary est~mate,together w1th the deta1led copy of the prel1m1nary assessment roll and the plans and maps for the proposed 1mprovement,shall be on f1le w1th the C1ty Clerk and the C1ty Eng1neer Sect10n 5 That the 11fe of the forego1ng add1t1ons,better- ments and extensions lS hereby declared to be at least th1rty (30) years Sectl0n 6 The estlmated cost of the acqulsltl0n,construc- tlon and lnstallatl0n of the above-descrlbed addltlons to and better- ments and extenslons of!the sewer system utllItles for the Clty of Marysv1lle 1S hereby declared to be as nearly as may be the sum of $87,000 00,and such estlmate and cost shall be met and defrayed from the proceeds recelved from the lssuance and sale of local lmprovement bonds of the Clty ln the amount of approxlmately $87,000 00 The bonds shall be lssued at such tlmes and ln such amounts or serles as the C1ty Councl1 shall hereafter determlne and shall con- taln such covenants and lnterest rates as the Clty Counc1l shall here- after approve The bonds shall be payable from the gross recelpts of payments of assessments leV1ed In Local Improvement Dlstrlct #59 created by thlS Ordlnance Such assessments shall be for the sole purpose of paYlng payments lnto the bond redemptlon fund herelnafter created for the payment of bonds authorlzed by thlS Ordlnance Sectl0n 7 The entlre cost and expense of the lmprovements wlthln each utility local lmprovement dlstrlct shall be borne by and assessed agalnst the propertles speclally benefltted by such lmprove- ments In accordance wlth the laws of the State of Washlngton the Clty may use any method or comblnatlon of methods to compute assessments WhlCh may be deemed to falrly reflect the speclal beneflts to the pro- pertles belng assessed The flnal assessment roll wlll be establlshed ln the future after publlC hearlng pursuant to law for the determ1natlon thereof,and thereupon shall be levled as an assessment agalnst sald lots In the amount flnally to be charged agalnst the same Sectl0n 8 That the sum to be charged agalnst each lot,or any portlon of such sum,may be pald durlng the thlrty (30)day perl0d followlng the date of flrst publlcatlon by the Treasurer that such assessments have been placed In her hands for collectlon wlthout lnterest or costs Thereafter,the speclal assessments to be levled and assessed upon the propertles wlthln Local Improvement Dlstrlct #59 shall be pald In twenty (20)equal annual lnstallments wlth lnterest to be hereafter flxed by Ord1nance not exceedlng 8-1/2%per annum In 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 Ordln- ance not to exceed 8-1/2%per annum and a penalty of 5%wh1ch shall also be collected -4- • SectIon 9 There IS hereby created and establIshed In the offIce of the Treasurer of the CIty of Marysv1lle a speCIal fund to be known as "Local Improvement Fund,DIstrIct #59",Wh1Ch fund 1S to be drawn on for the sole purpose of payIng the prInCIpal of and the 1nterest on the sa1d Local Improvement D1str1ct bonds here1nafter author- Ized to be Issued and sold SectIon 10 There IS hereby created and establ1shed 1n the offIce of the Treasurer of the CIty of MarySVIlle a spec1al fund to be known as the "Local Improvement D1strlct #59 Construct1on Fund" The proceeds receIved from the sale of the bonds shall be depOSIted In the "Local Improvement DIstrIct #59 ConstructIon Fund"and shall be used for the sole purpose of payIng the costs of carryIng out and the add1t1on to and the betterments and extens10ns of the sewer system ut1l1tles of the CIty of MarySVIlle as hereIn author1zed and of paY1ng the costs and expenses connected therew1th The CIty,through 1tS proper offIcers and agents,shall proceed WIth the makIng of these Improvements and the callIng of bIds therefor 1n the manner prOVIded by law Pend1ng the sale of the Local Improvement DIstrIct #59 bonds, the C1ty may Issue Interest-bearIng warrants drawn upon "Local Improve- ment DIstrIct #59 Construct1on Fund"to be pa1d out of the proceeds of the sale of the bonds and from any other monIes avaIlable to the CIty In cash to fInance the 1mprovements SectIon 11 ThIS Ord1nance shall take effect f1ve (5)days follOWIng its publicatIon as requ1red by law PASSED by the CIty Counc1l and APPROVED by the Mayor thIS /d day of ~,1974 CITY OF MARYSVILLE Attest APPROVED AS TO FORM -5-