Loading...
HomeMy WebLinkAboutO-1242 - Rural utility service area; repeals Sec. 14.04.065, 14.04.066, 14.04.140, 14.04.145 and 14.04.153 (14.32)'"..'.~<".,C~i -&"Ie P"b, .'."«,3-·A-lUC .:\'.R-UJ,D'i''r,Ut;;litie~5t,fp1;'" CfY;./>'f'eff',6Cr CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.1242 An Ordinance of the City of Marysville Adding A New Chapter to Title 14 of the Marysville Municipal Code Establishing a Rural Utility Service Area and Specifying Criteria and Implementation Policies Relating to Utility Connections Within Said Area;and Repealing Sections 14.04.065, 14.04.066,14.04.140,14.04.145 and 14.04.153 of the Marysville Municipal Code. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON HEREBY ENTER THE FOLLOWING FINDINGS OF FACT: 1.The City is a full-service municipal corporation existing for the benefit of the residents within its incorporated boundaries.It is not a "utility district,"but operates its water and sewer utility systems as an integral part of its overall governmental functions. 2.The primary purpose of operating the utility system is to provide for the health and welfare of the residents of the City of Marysville.Furnishing utilities outside of the corporate limits is an incidental function of the City which is subordinate to its primary purpose.Such rural utilities are provided solely by contract.Utility contracts,express or implied,may be entered into for the benefit of individual rural properties or for the benefit of a Utility Local Improvement District. 3.All utility services provided to rural areas are conditioned upon the City retaining full jurisdiction and authority to manage,regulate and control said utilities in all respects,notwithstanding any other laws or regulations of conflicting jurisdictions to the contrary. 4.Long-range planning for a utility system,including the acquisition and construction of waterworks facilities and sewage treatment facilities,requires accurate forecasting of growth potential and municipal control of the density and type of development which will be connecting to the utility system. land City. plan 5.Snohomish County is the jurisdictional authority for use planning and control in the rural areas surrounding the This authority does not supersede the City's authority to and control rural utility services.It is in the public 1 /''..-.. ,\'.'.'''\ \ .'}.j '. ':..)..' interest for the two jurisdictions to coordinate their efforts, each respecting the other's sphere of influence. 6.Utility services in rural areas result in development and urbanization and create a need for urban services relating to public health,safety and welfare.It is necessary and appropriate for a long-range rural utility plan to include a proposal to annex the rural areas into the City at such time as they become contiguous to the City limits and are of such a size and configuration as to represent a logical urban service area. 7.The City's capacity to provide utility services to property within and without the City limits is limited.The existing capital improvements for the water utility are presently serving 21,000 persons:the maximum capacity is 33,000 persons. The existing capital improvements for the sewer utility are presently serving 11,000 persons:the maximum capacity is 14,900 persons.Connections to the City's utility system generate the following categories of demand: Category of Land Use Residential 7,200 ... Residential 9,600 •.. Residential 12,500 ••• Low-Density Multiple Residential (12 dwelling uni ts/acre)••• Medium-Density Multiple Residential (18 dwelling uni ts/acre).•. Commercial Industrial ..• Quantity of Demand (Gallons/Acre/Day) 1,190 890 690 3,240 4,860 1,270 535 variations from the above result from special uses creating excessive demand or sewage quality problems,and from the scheduling of peak demand periods. 8.RCW 36.93.090(4)requires the City to obtain approval from the Snohomish County Boundary Review Board for utility extensions to rural properties.This is most conveniently done by obtaining blanket approval for a nonexclusive Rural Utility Service Area. 2 ,. /'" I'·'.'., .\" \. •.'\1 II 9.For all of the above reasons it is necessary and appropriate for the City to establish a Rural Utility Service Area (RUSA)and to adopt rules,regulations and criteria for entering into contracts for utility services therein and the management and control of said services. THE CITY COUNCIL OF THE CITY OF MARYSVILLE DO ORDAIN AS FOLLOWS: S~cti~~_l~__~~Ea!_gtili!X_SeE~i£~_Ar~~ Established--Purposes.There is hereby established a Rural Utility Service Area (RUSA)the boundaries of which shall be adopted,and amended,by resolution of the City council and approved by the Snohomish County Boundary Review Board.The procedures for adopting or amending said boundaries shall be the same as those required for adopting or amending a Comprehensive Plan of the City.A description of the boundaries shall be recorded in the records of the Snohomish County Auditor. The purposes of RUSA shall be to allow the city to establish long-range plans for the growth and control of its utility system outside of the City limits,and to accurately forecast the demand for the same;to provide property owners and Snohomish County authorities with an indication of the City's long-range utility plans;and to provide a means for blanket approval of rural utility connections by the Snohomish County Boundary Review Board.RUSA shall not be construed as establishing the City as a "public utility"for properties located therein,nor shall it be construed as establishing express or implied rights for any property to connect to the City's utility system.All utility connections in rural areas are on the basis of special contracts with the City,and such contracts shall be granted or denied,as a governmental function of the City, pursuant to provisions of this chapter. RUSA shall not be construed as the exercise of the City's police power or utility jurisdiction over any properties not connected to the utility system.RUSA is nonexclusive,and does not affect the right of any other utility district or purveyor to provide services therein. Section 2.Areas Excluded from RUSA.The City shall not contract to provide or serve water or sewer utilities to any properties located outside of the City limits and outside of the adopted RUSA boundaries. Section 3.RUSA Plan.The City shall adopt,by resolution~a--pTan-for-RUSA~-Said Plan may be prepared as a whole or in successive parts.It shall consist of a map 3 designating land use classifications and density limitations (or minimum lot sizes)for properties within RUSA.Its purpose shall be to allow the City to anticipate and influence the orderly and coordinated development of a utility network,and urbanization,in RUSA,and to insure that the City's utility system retains adequate capacity to serve all properties within the City limits and to meet existing contractual obligations.In adopting,or amending,the RUSA Plan,the City shall be guided by the criteria specified in Section 4 below.Procedures used in adopting or amending the RUSA Plan shall be the same as those required for adopting or amending a land use Comprehensive Plan of the City. The RUSA Plan and all amendments thereto,shall be filed with the Snohomish County Auditor. Section 4.Criteria for Utility Connections within RUSA. The City is under no obligation to provide water and sewer utility services to any properties located outside of the City limits, with the exception of those already under contract with the City privately or through a Utility Local Improvement District. However,any application for such services within the RUSA boundaries shall be reviewed and granted,or denied,in the City's discretion,pursuant to the following criteria: 1)Priority shall be given to properties locat@d within an established ULID and properties having some pre-existing contractual relationship with the City for utilities.A lien imposed against property by a Recovery Contract entered into between the City and a developer does not constitute a contract right which will grant a priority hereunder. 2)A property applying for a utility connection must be suitable for ultimate annexation to the City based upon its proximity to the City,the long-range plans of the City to annex that area,the proposed use of the property,the potential urbanization which will result from said use,and the environmental and economic impact of such urbanization and the annexation of the property into the City.The owner of any property granted utility connections shall sign a petition to annex the property to the City,and may be required to obtain similar peti tions ·from other property owners in the immediate vicinity so as to compose a logical extension of the City's boundaries.Provided,that in the event that the property granted utility connections is not then contiguous to the City limits,the City may waive the requirement for an annexation petition and may allow the owner,instead,to sign a covenant agreeing to petition for and/or consent to an annexation of the 4 .:,I,',,' ',' property immediately upon the same becoming contiguous to the City limits or upon it being included within a larger annexation proposal.Said covenant shall be binding upon the owner,its heirs,successors and assigns,and shall be construed as a covenant running with the land.It shall be recorded in the records of the Snohomish County Auditor prior to connection of the property to the utility system. 3)The existing or proposed use for the property shall be consistent with the then-current RUSA Plan as adopted by the City.Any contract for utility services shall be conditioned upon continued compliance with said RUSA Plan.If inconsistencies exist between the RUSA Plan and Snohomish County's Comprehensive Plan, they shall be resolved pursuant to Section 5(4)below. 4)The property shall be connected to both City water and City sewer utilities.Any variation from this requirement shall be processed pursuant to Section 14.04.062. 5)Priority shall be given to proposals which will have the least adverse impact upon the existing utility system and its capacity to serve all properties within the City limits.An analysis shall be made of the remaining capacity of the City waterworks and sewer treatment lagoon and of the foreseeable demand for the same by properties within the City limits.The proposed project shall be analyzed with respect to its size and density of development,quantity of utility services demanded (average flow and peak periods),special treatment or hazards involved,and the potential for expansion or change of use after original connections are granted.No connection shall be approved which is inconsistent with the long-range plans of the utility system,or which would jeopardize public health or safety or the environment. 6)The cost of serving the property with City utilities should be compared with the projections for revenue to be derived therefrom.If major capital improvements are required to service the property, methods of financing the same must be analyzed in light of the City's other budgetary priorities. 7)Priority shall be given to properties which are in close proximity to existing utility lines with adequate reserve capacity.Connections will be 5 discouraged which will require lengthy extensions or which will open new areas for development and will create new demand for City utilities. 8}City utilities will not be offered for properties which have other practical and feasible sources for such services. 9}Utilities will not be granted where such service,and the City's regulation thereof,would create a conflict with another municipal jurisdiction or utilty district.Utilities will not be granted where annexation of the property would be legally impossible because of conflicting jurisdictions. IO}There must be a finding that the extension of utilities to the property,and the urbanization of said property,will create no substantial adverse environmental or economic impact. Section 5.Implementation Rules.To implement and interpret this Chapter,the following rules shall apply: I}If a property applying for utility connections is located within a portion of RUSA for which there is no adopted RUSA Plan,the application shall be processed simultaneously with a supplement to the RUSA Plan.The City shall take no final action upon any application until there is a duly adopted RUSA Plan for the subject property. 2}Annexations of properties connected to City utilities will not be on a piecemeal basis,but will follow the City's determination as to logical, contiguous urban service areas.Delay by the City in implementing an annexation petition or covenant shall not be construed as a waiver of the same. 3}Utility service to properties within a ULID, or to other properties with pre-existing contractual commitments from the City,is contingent upon compliance with subsections I through 5 of Section 4 above.The remaining subsections of Section 4 shall not apply to such properties. 4}In the event that the RUSA Plan is inconsistent with Snohomish County's Comprehensive Plan, the RUSA Plan shall prevail for purposes of this chapter.Provided,that if a property is within a ULID 6 '.'."''"".,.,l ,. •..1.:.. or has a pre-existing contract right to utility services,the County's Comprehensive Plan will prevail unless the City demonstrates that said Plan clearly endangers the City's utility interests,using strictly utility-related criteria.Said determination shall be made at a variance hearing pursuant to Section 6{d) below. 5)Where a Snohomish County zoning classification allows a use of undeveloped property which is inconsistent with the RUSA Plan or the Snohomish County Comprehensive Plan,the applicable Plan shall prevail over the zoning code and no utility services shall be granted.Provided,that notwithstanding the provisions of a conflicting Plan,a County zoning classification allowing commercial land uses shall prevail in cases where the subject property is within a ULID and has had such zoning at least since March 26,1982.To determine what zoning designations existed on March 26,1982,the City shall rely upon a base map prepared by the County on said date,said map being on file with the City Compliance Officer.Any property owner shall have the right to prove that the map contains an error by following the hearing procedure specified in Section 6{d)below. 6)Existing uses which are connected to City utilities,and which are legal nonconforming uses with respect to the applicable Plan,shall be permitted to expand to the maximum extent allowed by Snohomish County:provided,that no new or separate utility connections shall be granted to nonconforming uses on the property. 7)Where Snohomish County zoning controls allow planned residential developments,and concepts of Clustering and lot size averaging,development in conformance thereto shall be construed as being consistent with the applicable Plan if the overall density does not exceed that permitted by the applicable Plan,plus a bonus of twenty percent:and if the remaining vacant land is permanently dedicated as open space with no possibility of receiving additional utility connections in the future. 8)Notwithstanding the provisions of the Snohomish County Zoning Code,duplexes shall not be granted utility services in a single-family residential planning area unless they are located on a lot which is 7 ,........ "", 150%of the minimum lot size required by the applicable Plan. 9)The City maintains transmission mains for the purpose of transporting water,in bulk,from the City's wells to the distribution system.The City reserves the right to abandon such transmission mains, and all direct connections of individual properties thereto are subject to this condition.In the event of such abandonment,all property owners connected to the main shall have the right to privately repair and maintain the main,and appurtenances,as a means of obtaining water from any pUblic or private source,on terms agreeable with the City. 10)Utility service to any property within RUSA shall not be expanded to serve any abutting properties without express approval from the City.No implication that such approval will be granted shall arise from utility service to the subject property. 11)Continued utility service to any property within RUSA shall be conditioned upon payment of all fees and charges,compliance with all rules and regulations of the City utility code,and continued conformity to the RUSA Plan.A violation shall result in termination of utility service and,at the option of the City,termination of all future contractual rights for the sUbject property. Section 6.Administrative Procedure. (a)Applications for Utility Connections.Owners of property within RUSA who desire to connect to City utilities may file an application for the same with the City Clerk on forms provided by the City.All such applications shall be accompanied by payment in full of all fees and assessments required by City code,and by a fully executed annexation petition or covenant.In cases where immediate development of the subject property is uncertain,a property owner may defer such an application,and apply,instead,for a Utility Commitment Letter. The City Administrator shall determine whether applications are complete,and may require the submittal of additional documentation,including an Environmental/Economic Impact Statement,if necessary.Within ten days of receiving a complete application the City Administrator shall either grant or deny the utility connection,or either issue or reject a Utility Commitment Letter.The decision of the City Administrator shall 8 .. ," •J (...'I.....~....".".' ....,ro."." "...'1..•.•.L • be in writing and shall be mailed to the applicant at the address stated on the application form. (b)Application Granted--Duration.If the connection is granted,the applicant shall have a period of six months to comply with all City codes and requirements and complete the utility connections to the property.If the same are not so completed,the applicant's contract rights shall become void.If a Commitment Letter is issued,the applicant shall have a period of six months to file a complete application for a utility connection,comply with all City codes and requirements,and complete the utility connection to the property.If the same are not so completed,the applicant's contract rights shall become void.Provided,that if a Commitment Letter relates to lots within a formal plat,the applicant's contract rights for utility connections shall become vested if within one year from the date of the Commitment Letter the final plat is recorded,the annexation petition or covenant is executed,and the utility lines are constructed up to the property line of each lot. (c)Application Denied--Appeal.If the connection is denied,or the Commitment Letter rejected,or if an applicant is aggrieved by conditions imposed by the City Administrator,an appeal may be filed within ten days of the date of the City Administrator's decision.Such appeal shall be filed with the City Clerk and shall be accompanied by a fee of $50.00.Within twenty days thereafter the City Council shall hold a public meeting on such appeal and shall allow all interested parties to present relevant facts and arguments.The decision of the City Council shall be rendered in writing within two weeks after the meeting.The decision of the City Council shall be final. (d)Variances.The City Council shall have authority to grant variances from the prohibition against granting utility services to properties outside of RUSA,and from the requirement that land uses be consistent with the applicable Plan. Applications for such variances shall be filed,in writing,with the City Clerk,together with a filing fee of $50.00.The applicant shall be given ten days notice of the date on which the City Council shall consider the variance.The City Council is authorized to issue such variances only if it is found that a literal enforcement of this chapter would cause practical difficulties or unnecessary hardships.No such variance shall be authorized unless the Council finds that all of the following facts and conditions exist: (1)That there are exceptional or extraordinary circumstances or conditions applying to the subject property or as to the intended use thereof that do not 9 ...' ~..~...\~•.r _. "..: ,.~\'...... '...'"'I 'J,J>j apply generally to other properties in the same vicinity. (2)That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same vicinity. (3)That the authorization of such variance will not be materially detrimental to the public interest,welfare or the environment. (4)That the granting of such variance will not be inconsistent with the long-range plans of the City utility system,or jeopardize utility availability for properties within the City limits. In authorizing a variance the Council may attach thereto such conditions as it may deem necessary to carry out the spirit and purposes of this chapter and to protect the long-range plans of the city utility system and the public interest.Each variance shall be considered on a case-by-case basis and shall not be construed as setting precedent for any subsequent application.A variance shall become void if the utility connection allowed has not been completed in accordance with the time schedule provided in Subsection (b)above.The decision of the City Council on a variance shall be final,and no similar application for the same property may be filed for a period of six months thereafter.Any party aggrieved by the decision of the City Council on a variance shall have a right to file an application for Writ of Certiorari in the Snohomish County Superior Court,provided that said application must be filed and served within a 20-day period after the effective date of the decision. (e)Extended Time for Connections.In the event that a utility connection approved pursuant to Subsection (b)or (d) above cannot be completed within the time period specified therein,the applicant may be granted one or more extensions by the City Council.Provided,that an extension must be requested while connection rights are still valid,and shall only be granted for good cause shown and for the minimum period necessary to complete the connection.Provided further,that the City Council may impose a condition on any extension so as to require the applicant to immediately pay all capital improvement charges reasonably projected for the subject property (which payment shall be nonrefundable),and so as to require the applicant to immediately commence paying minimum service charges reasonably projected for the subject property (which payments shall be nonrefundable).Extensions provided for herein are privileges and 10 \..'... "'A ".~.\ . ...I'•t-"'"t·.. 10..",'..,".,\, \...:'....'14,.~r , . pot rights,and shall be granted or denied in the discretion of the City Council.The decision of the City Council shall be final. Section 7.Repealer.Sections 14.04.065,14.04.066, 14.04.140,14.04.145 and 14.04.153 of the Marysville Municipal Code are hereby REPEALED for the reason that the same have been superseded by the foregoing ordinance. ~~PASSEn:by the City Council and APPROVED by the Mayor this~day of ~<l.N£,1982. CITY OF MARYSVILLE ~_'L ATTEST: 11 NOTICE OF CITY OF MARYSVILLE ORDINANCE On the 28th day ot June,1982,the City Council ot the City of Marysville passed Ordinance No.1242,entitled:. An Ordinance of the City of Marysville Adding a New Chapter to Title 14 of the Marysville Municipal Code Establishing a Rural Utility Service Area and specifying Criteria and Implementation policies Relating to Utility Connections Within Said Area;and Repealing Sections 14.04.065,' 14.04.066,,,1.04.,40,14.04.145 and 14.04.153 of the Marysville Municipal Code. Said ordinance consisted of the following sections: Section 1.Rural Utility Service Area Established --Purposes. Section 2.Areas Excluded from RUSA. Section 3. RUSA Plan. Section 4.Criteria for Utility Connec- tions Within RUSA. Section 5.Implementation Rules. Section 6.Administrative Procedure. Section 7.Repealer. The full text of said ordinance will be mailed,without charge,to any person who r.eQuests the same from the City Clerk. published:June 30,1982. AFFIDAVIT OF PUBLICATION' No._ STATE OF WASHINGTON, County of Snohomish, SS. __~~~~_~_·__~~~~:V9.!_t:!:._---__---,being first duly sworn on oath deposes and says that he is the.secrerarv...__.. _ of THE MARYSVILLE GLOBE, a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941, and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a _~_o_~~<:~_gf__C_~~Y_QL~.?_r.>~.~,:!g1-.~U:~.~<!!l}e~s:~__as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of -...one___ con- secutive weeks,commencing on the _..lQth __day of J:u~, 19__8_2_,and ending on the _W.tlL_day of _..:[.1.!.I!~,19_8}__• both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- ti .th f II!17.39 hi hca Ion IS e sum 0 '1'. ,W IC amount has been paid in full 0;no I Subscribed :~ri::~:efo::-m::hi~-:::~~_~u day of -m-~~-h,l~:~mm Notary PUblic in and for the State of Washington, Residing at Marysville. NOTICE OF ACTION BY CITY OF MARYSVILLE Pursuant to the provisions of Chapter 4J.21C RCW,notice Is hereby given that: THE CITY OF MARYSVILLE did on June 28,1982,take ttie aclton described below. Any action to set aside,enjotn,review or otherwise challenge such action on the grounds of non-compliance with the erevt- stons of 4J.21CRCW (State Environmental Polley Act)shall be commenced within thirty (30)days or be barred. , The action taken by the CITY OF MARYSVILLE,notice of which Is hereby given,was as follows: 1.Adoption of Ordinance No.1242 entltl· ed: "An Ordinance of the City of Marysville Adding a New Chapter to Title 14 of the Marysville Municipal Code Establishing a Rural Utility Service Area and Specifying' Criteria and I mplementatlon Policies Relating to Utility Connections Within Said Area;And Repealing Sections 14.04.065, 14.04.066,14.04.140,14.04.145 and 14.04.153 of the Marysville Municipal Code." and the adoption of Resolution No.1060 entitled: "A Resolution of the City of Marysville Adopting a Plan,for the Rural Utility Ser- vice Area." 2. The Rural Utility Service Area or- dinance establishes an area In Snohomish County outside of the lurlsdlctlonal boun- ' darles of the CITY OF MARYSVILLE which will be Included In the City's long-, range plans for the growth and control of ' its water and sewer utility system.It, establishes rules,regulations and! priorities for connecting properties to City utilities,and provides that no connection shall be available to properties outside of the Rural Utility Service Area.RUSA allows the City to accurately forecast future demand for utilities,to provide pro- ,perty owners and Snohomish County authorities with an Indication of the City's long-range utility plans,and to provide a I means for blanket approval of rural utility, connections by the Snohomish County B~undary Review Board.RUSA shall not' be construed as establishing the City as a ' "public utility"for properties located' therein,nor shall'it be construed as' establishing express or Implied rights for any property to connect to the City's utility system.All utility connections In rural areas are on the basis of special contracts with the City,and such contracts shall be granted or denied,as a governmental function of the City,pursuant to the provl- sions of the RUSA ordinance.RUSA Is not to be construed as the exercise of the City'S pollee power or utility jurisdiction over any properties not connected to the utility system.RUSA is non-exclusive,and does not affect the right of any other utility district or purveyor to provide services therein.' 'the RUSA Plan adopted by Resolution' No.1060 consists of a map designating land use classifications and density limitations ·for properties within the Rural Utility Ser- vice Area.Its purpose is to allow the City to anticipate and Influence the orderly and: coordinated development of a utility net- ' work,and urbanization,In RUSA, and to ensure that the City'S utility system re- tains adequate capacity to serve all pro- perty within the City limits and to meet ex- isting contractual obligations. 3. Said action pertains to property _generally described as follows: AF'F'IDAVIT OF'PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, ss. _____J_~~~_~~..~.?_o_~~?:~~,being first duly sworn on oath deposes and says that he is the;..§_e_~~~~~:rY __.. _ of THE MARYSVILLE GLOBE. a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18. 1962 in compliance with Chapter 213 of Washington Laws of 1941, and it is now and has been for more than 'six months prior to the date of the publication hereinafter re- ferred to.published in the English language continually as a weekly newspaper in Marysville.Snohomish County.Wash- ington.and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a ______.N.9_tJ..~ELQ,LAcJ~_:lQ:rL as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of _:~~con- secutive weeks.commencing on the __~!~day of __~':!L_. 19Jif_.and ending on the _J.At.4.__day of _JlIJy •19J1f_. ,both dates inclusive.and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- ti .th f $120.38 hi h~:idoinlsfulle su~m0----•w rc amou~ ----~-~~~-()---------- Subscribed and orn to before me this ----c:lZ-~__ day of ~~).:.~.~~ Notary Public in and for the State of Washington, Residing at M~rysvllle. All that territory outside of the' Marysville City limits which Is presently entlt.led to connect to City utilities,In- c.ludmg the area on the Tulallp Reserva- tion between 19th Avenue N.E.and In- :terstate 5, the commercial area at Island Crossing,and a portion of the area south of 180th Street N.E.,west of 83rd Avenue N.E.and north of 44th Street N.E. 4.Pertinent documents may be exam in- e.d during regular busines hours at the of- fice of the City Compliance Officer Marysville City Hall,514 Delta Avenue' Marysville,Washingotn 98270.' CITY OF MARYSVILLE By Albert L.Matter, City Compliance Officer .Published:july 7, 14,1982 Affidavit of Publication STATE OF WASHINGTON. COUNTY OF SNOHOMISH,} 13th lie in and for the State of Washington, Everett,Snohomish County. Subscribed and :;WU!'U to before me this NOTICE OF ACTION JULy.5,12.1982 The undersigned,being first duly sworn on oath deposes and says that she is Principal Clerk of the EVERETT HERALD,a daily news- paper printed and published in the City of Everett,County of Snoho- mish,and State of Washington;that said newspaper is a newspaper of general circulation in said County and State;that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County,and that the notice . a printed copy of which is hereunto attached,was published in said newspaper proper and not in supplement form,in the regular and entire edition of said paper on the following days and times,namely: and that said newspaper was regularly distributed to its subscribers during all of said ~~ j f I -~ 4.Pertlne"t documenls may be examined during regulor business hours at me ottlce 01 Ihe City Comollonce otncer. Morvsville Cllv Holi.5U Della Avenue.Marvsvllle,Wash-Inglon 98270.'. CITY OF MARYSVILLE Bv:ALBERT MATTER .: City Com 011 once Ollicer Published:july 5. "2. 1982. r':NOTICE OF'ACTION BV CIT~.OF MA'RVS~ILLe --:l I'.Pursuant to t~e c'ravisions al.Chaoter 43.21C RCW.natice'-I Is herebv given thot:'.-. ,I THE CITV OF MARYSVILLE 'did an June. 28, 1982.take I the action described below.•.z:$~~~o~c:~o;e~n o~~~egr~~I~~~.c:;e~~~~coo~~~~~~:I;~t;~~~·'I orovtstons 01 4J.21C RCW.(Slate Envlronmenlol pollcv Acll .\ sholl be commenced within thirty {JOl days or be borred.'I \ The action laken bv the CITV OF MARYSVILLE.notice oi I which is bereev given;'was as follows: 1.Adootion 01 Or djnunce No. 1242 entltl.d: "An Ordinance 'Of the Clfy 01 Morvsville Adding a N.w Chooler 10 Tille .14 at lh.Morvsvlll.Munlclool COde. Establishing 0 Rural Utllltv Service Area'ond SPKify- Ina Crllerlo and trnotementeuee Policies R.lotlng 10 Utility Connections Within Said Area;And R'epeol1ng:·L SectionS 14.04.005. 14.04.000. 14.04.140.14.04.14.5 ond.j 14.04.15301 the Marvsville MuniclOOI Cod e." and the odoolion of ReSolution No. 1060 entltl.d:. "A~Resolution of the Citv at Marysville Adopting 0 Pion' tor the Rural Utllllv Area,"• 2.The.Rurol Ulillty Service Area ordinance.establishes on' ' oreo In.Snohomish County outside of the lurisdlctiono. boundaries 01 the CITY OF MARYSVILLE which will be Included in the Citv's lono-ranoe pions for the orowth and cOnlro\ of us water and sewer ulililv sYstem.II esroousnes rules.regulations and priorities tor connecting properties to Cltv ufllilies.and crcvldes thaI no connecllon Shalt be avolloblo fa orecer ttes outstce 01 the Rural uuurv Service Area.RUSA allows the City to accuratelv torecost future demand'for utillfies.to orovlde oroo.rty owners and Snohomish CountV oulhorltles with on indlcollon of Ihl>Cltv's I long.range utility pions.and to provide a meons for blanke' ,OPprOVQ.1 0'rural utilitv connections b't'the Snohomish Coun:I tv Boundarv'ReView Boord.RUSA sholl not be construed as ' establishing the Citv as a "ououc utility"'or properties locotod Ihereln.nor shoil It be canslrued as estobllshina express or Implied rights 'or onv nrooertv to connect to the Cit.,,'s utllttv svstem,A"u1iU1v connecHons·\n rural areas are on me bosls 01 soeclol centrocrs with the Cltv.o)1d such co"tror:ts sholl be cronteu or denied.as '0 governmental tunctlon 01 me Cltv,pursuont to 1M oroulslons 01 me RUSA ordl"o"(e.RUSA Is not be be consfrueo os tn~e)(ere!se of Ihe CItY·s oouce power or utility lurlsdlcllan over any praperlles Mt connecteo 10 Ine ulllltv ,v,tem.RUSA I."M. ercluSive.and does nol afie~t the riohl 01 anv orner ulilllv di:ttrict Qr pvl'v4!ver to orovlde service,there-In. The RU5A Plan ooooteo by R..olvtlM No.1060 consl';'01 I g map'dH1onMIno 10M use CIO"<IIICOtions and den,lIy IImltofions lor orODerll..within the Rvral Ulllllv Service '.Area.II.pvrpo'~I.to Ollow me Cllv 10 ontltll'atc 9nd t"'fluQnc{!the Orderlv ontl 1Owr\ilno4 ed'tI~\I~t~fU"\O"'Of a I ufllUy netwOl"k.,o"d 1I,t!,aftIU!ti6n.in JilU5AJ ono fO cn~vr~ !hot 1M crrvs unurv >y~lem retain.'odeouate tOMmV 10 serve on property wltk{f\fhi!Cit"lImlfs and to meet e~lstl~o ,0nlrOcluOI OOliootlons., J.Sold action pertoin<to orOllOrly oenerollv de>crlbeo as follow$:. All mol lerrltory outside of tho Merv,vllle Clly limits which Is orosentlv entitled to connect to Cltv utilities. InCluding tne arco on the Tulollo Roservotlon bel ween 19th Avenue N.E.and Interstale 5.the commercial area .et ISland CrOS5ino.and a port len of the area soulh 01 180th Street N.E.•west 01 83rd Avenue N.E. and north ot 44th SIreel N.E. I I \ B-Z-1 LEGEND ('"I~MERCIAL A(.R:CULTURE =:1",.._.._""", INDUSTRIAL "0:\V:""'G ..__1")1,.,..'1'.['.1 c.::J:J COM""'U~ITl 1,",.)L~~N(luH60RHOOD G~"'Ii ~,6CC RESIDENTIAL IJ'j[l -.',," I~;/..", i r '''-,,,j -'.:"!"..'"1'\""•.....i'~.':",..-,.....!'• .~l' Il ';\1,'::~---~~-+-:~.-~.rr -i-f ~J :.,lll -'...•. _'o.-a''''-'''~':;.'''="'--lJ_.:.iJ_.;i--~I!'''''v-'''-'')~=.'~=~ ~~~!,..!!.j.~.,..:•--'l ,:.,::,;:.=,= \ I " -~.' 1 ' ." RNG 5 ,,,".,"1 J:."Ii~ Iii i\ .'.""'" SERVICE AREA PLAN RURAL UTILITV n"·0R1.:...~.-<:~ "" ..:".•..'