HomeMy WebLinkAboutO-0936 - Utility local improvement district (Special)•)I'"'l'·•••-a -..!• -.,'\
CITY OF MARYSVILLE,WASHINGTON
ORDINANCB NO.VZ36
AN ORDINANCE of the City of Marysville,Washington,
specifying and adopting and ordering the carrying out
of a system or plan of additions to and betterments
and extensions of the waterworks utility of the City,
including the system of sewerage as a part thereof;
declaring the estimated cost thereof as nearly as may
be;creating Utility Local Improvement District no.5;
authorizing the issuance and sale of water and sewer
revenue bonds in the principal sma of approximately
$375,000.00 to provide the funds necessary to carry
out such system or plan,such bonds to be supported
by assessments to be levied in Utility Local Improve-
ment District No.5 herein created;creating a special
construction fund to be known and designated as the
"\vater and Sewer Construction Fund,1977";and authoriz-
ing the issuance of interest-bearing warrants drawn
upon such special construction fund pending the sale
of such revenue bonds.
WHEREAS,the City of Marysville,Washington (hereinafter
called the "City"),by Ordinance No.385 passed September 2,1952,
combined the sewerage system of the City and all additions and
improvements thereto with the waterworks utility of the City,and
the sewerage system at all times since has been considered a part of
and belonging to the waterworks utility of the City,and the words
"w aterworks utility of the City"shall hereinafter mean the combined
sewerage system and water system of the City,together with all
additions thereto and betterments and extensions thereof hereafter
made;and
WHEREAS,a petition for the formation of a utility local
improvement district,commonly known as "Island Crossing (Sewers)
U.L.I.D.,"signed by the owners of 100%of the properties within the
boundaries of such proposed utility local improvement district,was
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heretofore filed with the City Council of the City requesting the
construction of a sewer main,force main,pumping stations and
appurtenances to serve the area within the boundaries of such
proposed utility local improvement district;and
WHEREAS,the City Council by Resolution no,851 duly
adopted on December 13,1976,declared its intention to accept such
petition and to initiate the formation of a utility local improvement
district to carry out the improvements therein petitioned for
applicable to the proposed utility local improvement district and
fixed the 24th day of January,1977,at 8:00 o'clock p.m.(PST)at
a meeting of the City Council to be held in the City Hall,
Marysville,Washington,as the time and place for hearing all raatters
relating to the proposed improvement and all objections thereto ~!d
for determining the method of payment for such improvement;and
WHEREAS,Larry R.Wade of Hammond,Collier &Wade -
Livingstone Associates,Inc.,the City's consulting engineers,
caused an estimate to be made of the costs and expenses of the
proposed improvement and certified said estimate to the City Council,
together with all papers and information in his possession touching
the proposed improvement,a description of the boundaries of the
District,a statement of what portion of the cost and expense of
the improvement should be borne by the property within t4e proposed
utility local improvement district,a statement in detail of the
local improvement assessments outstanding or unpaid against the
property in the proposed district and a statement of the aggregate
actual valuation of the real estate,including 25%of the actual
valuation of the improvements in the proposed district according to
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the valuation last placed upon it for the purpose of general
taxation;and
WHEREAS,said estimate is accompanied by a diagram of the
proposed improvement showing thereon the lots,tracts,parcels of
land and other property which will be sp~cially benefited by the
proposed improvement and the estimated amount of the cost and expense
thereof to be borne by each lot,tract and parcel of land or other
property;and
WHEREAS,due notice of the hearing upon said Resolution
No.851 was given in the manner provided by law and such hearing was
held by the City Council on January 24,1977,and no written protests
were filed with the City Council on or before such date and all
person~app~aring at such hearing were heard;and
WHEREAS,the City Council has determined it to be in the
best interests of the City that the improvement as hereinafter
described be carried out and that a utility local improvement district
be created in connection t.he rewi.t.h.r NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,
DO ORDAIN,as follows:
Section 1.The City hereby specifies and adopts a system
or plan of additions to and betterments and extensions of the
waterworks utility of the City to serve the Island Crossing area
outside the corporate boundaries of the City which shall consist of
the construction and installation of a 1011 gravity sewer main,a 6
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force main,two pumping stations and appurtenances located as follows:
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Beginning at the City's present sewer mains at
the intersection of 172nd Street N.E.and 35th
Avenue N.E.extending north along 35th Avenue N.E.
and 27th Avenue N.E.to 212th Street N.E.
approximately 13,800 feet.Thence branching out
west on 212tll Street N.E.approximately 1,800 feet
to the limited access line of Interstate Highway
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The City may modify the details of the foregoing system
or plan so as to.make changes in the location and size of such sewer
lines and appurtenanc~swhere such modifications do not substantially
alter the purpose of that system or plan.
All the foregoing shall be in accordance with the plans
and specifications therefor prepared by Hammond,Collier &Wade -
Livingstone Associates,Inc.,the City's consulting engineers.
Section 2.The life of the foregoing additions,betterments
and extensions is hereby declared to be at least thirty years.
Section 3.The estimated cost of the acquisition,
construction and installation of the above-described additions to
and betterments and extensions of the waterworks utility of the
City is hereby declared to be,as nearly as may be,the sum of
$375,000.00,and such estimated cost shall be met and defrayed
from the proceeds received from the issuance and sale of water and
sewer revenue bonds of the City in the amount of approximately
$375,000.00.
Section 4.To carry out the entire system or plan
of additions to and betterments and extensions of the waterworks
utility of the City specified and adopted in Section 1 hereof and
hereby ordered to be carried out,there is hereby created and
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established a utility local improvement district to be known and
designated as "utility Local Improvement District No.5 of the
City of Marysville,Washington,"the boundaries of which are
described as follows:
All that portion of the west half of Section 8,
Township 31 North,Range 5 East,W.M.,lying east
of PSH No.1 <,S.R.5),(Stimpson Road to Stillaguamish
River Bridge)described as follows:
Commencing at the center of Section 8;thence west
665.2 feet to the Point of Beginning;thence north
800 feet;thence west 665.1 feet to the east line
of the southwest quarter of the northwest quarter;
thence south 81 feet,more or less,along the east
line thereof to a point 718.99 feet north of the
centerline of Section 8;thence south 86°58'00"
west 415 feet,more or less;thence south 00°12'08"
·west 268 feet to a point 350 feet north of the north
margin of SSH No.I-E (S.R.530)(Arlington to
Junction P.S.H.No.1);thence west 150 feet parallel
to the south line of said northwest quarter;thence
south 00°12'08"west to its intersection with the
northerly margin of P.S.H.No.1;thence southeasterly
along the easterly margin of P.S.H.No.1 to the south
line of the northwest quarter of the southwest quarter
of Section 8;thence east to the southeast corner
thereof;thence north along the east line thereof to
the southwest corner of the north 500 feet of the west
400 feet of the northeast quarter of the southwest
quarter of Section 8;thence east 400 feet to the
southeast corner thereof;thence north to the north
line of the southwest quarter;thence east along the
north line thereof 265.2 feet,more or less,to the
Point of Beginning.
Situate in County of Snohomish,State of Washington.
Section 5.The entire cost and expense of the improvements
within Utility Local Improvement District No.5 shall be borne by and
assessed against the properties specially benefited by such improve-
ments included in such utility local ilnprovement district embracing,
as near as may be,all the properties specially benefited by such
improvements.In accordance with the provisions of Section 7 of
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Chapter 258,Laws of 1969,1st Ex.Sess.,of the State of Washington
(RCW 35.44.047),the City may use any method of combination of
methods to compute assessments which may be deemed to fairly reflect
the special benefits··to the properties being assessed.
Section 6.The special assessments to be levied and
assessed upon the properties within Utility Local Improvement
District No.5 shall be paid in twenty equal annual installments
with interest to be hereafter fixed by ordinance not exceeding 8-l/i%
per annum.In the case of default in the payment of any assessment
when the same shall become due,there shall be added interest at a
rate to be hereafter fixed by ordinance not to exceed 8-1/2%per
annum,and a penalty of 5%which shall also be collected.
Section 7.The City shall issue one or more series of
water and sewer revenue bonds at such times as the City Council
shall deem advisable.The water and sewer revenue bonds shall bear...,.
such designation as the City Council shall hereafter determine,.shall
bear interest payable semiannually,and shall be numbered from "I"
upward consecutively within each series as issued.The bonds shall
be issued in such series,shall be in such denomination and form,
shall bear such date or dates and interest rate or rates,shall be
payable at such place or places,shall mature serially in accordance
with such schedule beginning not earlier than one year after date of
issuance and ending not later than thirty years thereafter,or shall
be term bonds,shall have such option of payment prior to mat.ur i,ty,
shall guarantee such coverage and collection of rates,shall provide
for such additional funds and accounts,and shall contain and be
subject to such provisions or covenants as shall be hereafter
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provided by ordinance.The bonds shall be sold in such manner as
the City Council of the City shall deem to be in the best interest
of the City.The bonds shall be payable from the gross revenues
received from charges for water furnished and sanitary sewage
disposal service,and 1n the event that such bonds shall be issued
on a parity of lien with the outstanding "Water and Sewer Revenue
Bonds,1975,"pursuant to the provisions of paragraph (g)of Section 6
of Ordinance No.873,from the receipt of payments of assessments
levied in utility Local Improvement Districts Nos.1,2 and 3
created by Ordinance No.820,as amended by Ordinances Nos.824 and
833,Utility Local Improvement District No.4-created by Ordinance
No.843,and in Utility Local Improvement District No.5 created by
this ordinance.
Section 8.The gross revenues and benefits to be derived
from the operation and maintenance of the wa t.e rwozks utility of the
City and the additions thereto and extensions and betterments thereof
herein provided at the rates to be charged for water furnished and
sanitary sewage disposal service on the entire utility will,in the
judgment of the City Council,be more than sufficient to meet all
expenses of operation and maintenance thereof and to permit the
setting aside into a special fund out of the gross revenues of the
waterworks utility of the City,in addition to the special assessments
to be levied and collected in Utility Local Improvement Districts Nos.
1,2,3,4 and 5,of sufficient amounts to pay the interest on the
water and sewer revenue bonds herein authorized to be issued and
on all other presently outstanding water revenue bonds and water
and sewer revenue bonds of the City as such interest becomes due and
payable and to pay and redeem all of those bonds at maturity.
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In the event that the water and sewer revenue bonds
herein authorized to be issued shall be issued on a parity of lien
with the outstanding "Water and Sewer Revenue Bonds,1975,"in
accordance with the provisions of paragraph (g)of Section 6 of
Ordinance No.873,the water and sewer revenue bonds herein
authorized to be issued and sold shall be payable solely out of
the special fund created and established in the office of the
Treasurer of the City.by Ordinance No.820,as amended by Ordinances
Nos.824 and 833,and therein designated as the "Water and Sewer
Revenue Bond Fund,1974,"which designation was changed to "Water
and Sewer Revenue Bond Fund,1975,"by Ordinance No.843,which
fund is to be drawn upon for the sole purpose of paying the
principal of and interest on the outstanding "Water and Sewer
Revenue Bonds,1975,"and the water and sewer revenue bonds herein
authorized to be issued and sold and any additional water and
sewer revenue bonds which may be hereafter issued on a parity of
lien therewith in accordance with the provisions of paragraph (g)
of Section 6 of Ordinance No.873.
Section 9.There is hereby created and established in
the office of the City Treasurer a special fund to be known as the
"Water and Sewer Construction Fund,1977,"into which fund shall
be deposited the proceeds received from the issuance and sale of
the water and sewer revenue bonds herein authorized to be issued
and which fund shall be used for the purpose of paying the cost
of carrying out the additions to and betterments and extensions of
the waterworks utility of the City as herein authorized and of
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paying the costs and expenses connected therewith.The City,
through its proper officers and agents,shall proceed with the
making of those improvements and the calling of bids therefor in
the manner provided by law.Pending the sale of the water and
sewer revenue bonds herein authorized to be issued,the City may
issue interest-bearing warrants drawn upon the "Water and Sewer
Construction Fund,1977,"to pay duly approved costs incurred in
carrying out such improvements,such warrants to bear 'such interest
as may be agreed upon between the City and any bank or investment
banking firm agreeing to make a market for such warrants and such
warrants to be paid out of the proceeds received from sale of the
bonds herein authorized to be issued and from any other moneys
available to the City in cash to finance the improvements.
Section 10.After the receipt of firm construction bids
to carry out the entire plan of additions to and betterments and
extensions of the waterworks utility of the City herein specified
and adopted and ordered to be carried out,a revised preliminary
assessment roll shall be prepared and notices shall be mailed to
each owner or reputed owner of property appearing on such
preliminary assessment roll in the s~ae manner as notices were
mailed to such.property owners pursuant to Resolution No.~5l,and
if within twenty days after the mailing of such notices written
protests are filed with the City Clerk from such property owners
subject to an aggregate of 60%or more of the total estimated amount
to be assessed on such preliminary assessment roll requesting that
such improvements not proceed,the City Council hereby agrees not
to award such construction contract or contracts or to proceed with
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such improvements.Pursuant to written agreements heretofore
received from all of the owners of properties appearing upon such
preliminary assessment roll,which agreements have been duly
recorded in the office of the Auditor of Snohomish County,Utility
Local Improvement District No.5 shall remain in existence and
all preliminary costs and experiaes incurred by the City,such as
engineering,legal and all other costs attributable to the formation
of the utility local improvement district,shall be assessed
against the properties appearing upon such assessment roll,said
property owners having by such agreements consented to the levying
of such special assessments for such purpose and having waived
their right to protest the same.The water and sewer revenue
bonds herein authorized to be issue?-may,in such event,be issued
in such amolli1ts as necessary to pay such preliminary costs incurred
in connection with the formation of such utility local improvement
district,includin~the costs relating to the preparation of plans
and specifications,calling for construction bids,preparation of
preliminary and final assessment rolls and costs of the issuance
of such bonds.
Section 11.This ordinance shall take effect from and
after its passage and five (5)days following its publication as
required by law.
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, PASSED by the City Council and APPROVED by the Mayor of
the City of Marysville,Washington,at an open public regular
qTtt l'v1meetingthereof,this',~~./-day of _Lt0jr--,1977.
ATTEST:
APPROVED AS TO FORM:
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