HomeMy WebLinkAboutO-0962 - Utility local improvement district (Special)CITY OF MARYSVILLE,WASHINGTON
ORDINANCE NO.~<e '2-
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 better-
ments 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 Improve-
ment District No.6;authorizing the issuance and
sale of water and sewer revenue bonds in the princi-
pal sum of approximately $681,000.00 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 Improvement District No.6
herein created;and authorizing the issuance of
interest-bearing warrants drawn upon the Water and
Sewer Construction Fund,1977,created by
Ordinance No.936 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 "waterworks 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,corrunonly known as "Midway (Sewers)U.L.LD.,"
signed by the owners of p.rope.rt.i.e s wi thin the boundaries of such
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proposed utility local improvement district representing 59.6%
of the area and 52%of the lineal frontage upon the improvement,
was heretofore filed with the City Council of the City requesting
the construction of sewer mains to serve the midway area outside
the boundaries of the City but within the boundaries of such pro-
posed utility local improvement district;.and
WHEREAS,the City Council by Resolution No.861 duly
adopted on May 9,1977,declared its intention to accept such peti-
tion and to initiate the formation of a utility local improvement
district to carry out the improvements therein petitioned for ap-
plicable to the proposed utility local improvement district and
fixed the 11th day of July,1977,at 8:00 o'clock p.m.(PDST),at a
meeting of the City Council to be held in the City Hall,Marysville,
Washington,as the time and place for hearing all matters relating
to the proposed improvement and all objections thereto for deter-
mining 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,to-
gether 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 the proposed
utility local improvement district,a statement in detail of the
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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
the valuation last placed upon it for the purpose of general taxa-
tion;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 specially benefited by the
proposed improvement and the estimated amount of the cost and ex-
pense 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.861
was given in the manner provided by law·and such hearing was held by
the city Council on July 11,1977,and thereafter continued until
August 22,1977,at the same hour and place,and all written protests
filed with the City Council on or before such dates were considered
and all persons appearing at such hearing as continued were heard;
and the City Council determined to delete certain properties from
within the boundaries of such utility local 'improvement district;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 therewith;NOW,THEREFORE,
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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 water-
works utility of the City to serve the Midway area outside the
corporate boundaries of the City which shall consist of the con-
struction and installation of a 15"trunk sewer main and 8",10"and
12"lateral sewer mains,located as follows:
Extending north and south on 35th Ave.N.E.
(Old 99)from the southerly boundary of Section
33 to a point 2,110 feet south of l72nd st.,
N.E.(or 525 feet north of the quarter section
corner of Section 28);thence branching east on
l50th Pl.N.E.from 35th Ave.N.E.for 635 feet;
also branching east on l52nd st.from 35th Ave.
N.E.to a point where said street intersects the
north-south quarter section line of section 33;
thence branching south for a distance of 2,720
feet along an unnamed road located 1,600 feet
east of 35th Ave.N.E.and on l56th N.E.,ex-
tending west from 35th Ave.N.E.to the boundary
of Interstate 5.
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 where 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.
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Section:3..The estimated cost of the acquisition,con-
struction 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
$681,000.00,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
$681,000.00.
Section 4.To carry out the entire system or plan of
additions to and betterments and extensions of the waterworks
utility of .the Ci·ty specified and adopted in Section 1 hereof and
hereby ordered to be carried out,there is hereby created and
established a utility local improvement district to be known and
designated as "Utility Local Improvement District No.6 of the
City of Marysville,'Washington,"the boundaries of which are
described in Exhibit "A"attached hereto and by this reference
incorporated herein.
Section 5.The entire cost and expense of the improvements
within Utility Local Improvement District No.6 shall be borne by
and assessed against the properties specially benefited by such
improvements included in such utility local improvement district
embracing,as near as may be,all the properties specially benefited
by such improvements.In accordance with the provisions of Section
7 of Chapter 258,Laws of 1969,1st Ex.Sess.,of the State of
Washington (RCW 3:>.44.047),the City may use any method or
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combination of methods to compute assessments which may be deemed,
to fairly reflect the special benefits to the properties being
assessed.
Section 6.The s~ecial assessments to be levied and
assessed upon the properties within utility Local Improvement
District No.6 shall be paid in equal annual install-
ments with interest to be hereafter fixed by ordinance.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,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 "1"upward consecutively within each series as issued.The
bonds shall be issued in such series,shall be in such denomina-
tion 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 maturity,shall guarantee such coverage
and collection of rates,shall provide for such additional funds
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and accounts,shall contain and be subject to such provisions or
covenants as shall be hereafter provided by ordinance,and may be
combined with the water and sewer revenue bonds authorized to be
issued by Ordinance No.936 passed and approved May 9,1977,and
sold as a combined single issue of bonds.The bonds shall be sold
in such manner as the City Council o,f 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 in 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 para-
grpah (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,utility Local Improvement
District No.5 created by Ordinance No.936,and in utility Loca+/
Improvement No.6 created by this ordinance.
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Section 8.The gross revenues and benefits to be dexived
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from the operation and maintenance of the waterworks utility o~
the City and the additions thereto and extensions and betterments
thereof herein provided at the rates to be charged for water fur-
nished 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
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permit the setting aside into a special fund out of the gross
revenues of the waterworks utility o~the City,in addition to the
special assessments to be levied and collected in utility Local
Improvement Districts Nos.1,2,3,4,5 and 6,of sufficient
amounts to pay the interest on the water and sewer revenue bonds
authorized to be issued by Ordinance No.936 and 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 inter-
est becomes due and payable and to pay and redeem all of those
bonds at maturity.
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 No.824 and 833,
and therein designated as the "Hater 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 authorized to be issued and sold
by Ordinance No.936 and herein authorized to be issued and sold
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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 was heretofore created and established
in the office of the City Treasurer a special fund known as the
"Water and Sewer Construct.ion Fund,1977,"into which fund shall
be deposited the proceeds received from the issuance and sale of
the water and sewer revenue bonds authorized by Ordinance No.936
and 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 authorized by Ordinance No.936 and herein authorized and
of 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 authorized by Ordinance No.936 and herein
authorized to be issued,the City may issue interest-bearing war-
rants drawn upon the "Water and Sewer Construction Fund,1977,"
to pay duly approved costs incurred in carrying out such improve-
ments,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
ou~of the proceeds received from sale of the bonds authorized by
Ordinance No.936 and herein authorized to be issued and from any
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other moneys available to the City in cash to finance the
improveJ;[lents.
,Section 10.This ordinance shall take effect from and
after its passage and five (5)days following its pUblication as
required by law •.
PASSED by the City Council and APPROVED by the Mayor of
the City of Marysville,ivashington,at an open public regular
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meeting thereof,this
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ATTEST:
14~day of November,1977.
·k~
.Mayor
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APPROVED AS TO FOID1:
~~L<~.~tyAtorney~-=:::::
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Boundary Description
Proposed Sewer U.L.I.D.No.6
All that portion of t~e west half of Section 28,Township 31 North
Range 5 East,W.M.,the east half of Section 29 said.township and range,the
east hfrlf of Section 32 said township and range and the west half of Section
33 saidtownship~nd range described as fo11ows~·
BEGINNING at the center of Section 28; thence west along the'East-West
centerline of said Section 28 to the southeast corner of the west seven
acreS of the south 528 feet of the northwest q~arter of said Section 28;
thence north to the north line of the south 119 feet thereof;thence west to
the. west line of Section 28; thence north to the southeast corner of the
north one-third of the south half of the southeast quarter of the northeast
quarter of Section 29,Township 31 N.R.5E~,W.M.;thence west to an tnter-
sect ion with the easterly line of Primary State Highway No.1 '(SR5); thence
.southerly along said easterly line of SR 5 to a point 208.71 feet north
cif the south line of Section 29 as measured along the east line of SR 5; thence
east parallel to the south line of Section 29 a distance of 208.71 feet;thence
south parallel to the east line of SR 5 a distance of 208.71 feet to the south
iine of Section 29; thence east along said south line to a point 400 fe~t west
of northeast corner of Section 32; thence south 104 feet;thence west 208 feet;
thence north 104 feet to· the north line of Section 32; thence'westtQ an inter7
section with the east line of SR 5; thence southerly along said east line to its
intersection with the west line bf Section 33; thence south along the west line
:of Section 33 to the southwest corner thereof;thence east to the southeast
corner of the southwest quarter of the southwest quarter thereof;thence north
t~the southwest corner of the west half of the northwest quarter of the south-
east quarter of the southwest quarter of Section 33; thence east along the
EXHIBIT A
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south line of said west half to a point 15 feet east of the southeast corner of
said west half;thence north parallel to the east line of said west half to
the south line of the west half of the northeast quarter of the southwest quarter
of Sectibn 33; thence east to the southeast corner of said west half~'thence
riorth to the southeast corner of, the west half'of the southeast quarter of the
northwest quarter of Section 33; thence north along the east line of said west
half to the south margin ·of 152nd Street·N~E.;thence east along the south margin
to its intersection with the east line of the northwest quarter of Section
33;thence·north to the quarter corner between Sections 28 and 32;thence
continue north to the center of Section 28 and the Point of Beginning.
Revi sed 8-29-77