HomeMy WebLinkAboutO-1268 - Establishes LID No. 62 (Special)_T \
CITY OF MARYSVILLE,WASHINGTON
ORDINANCE NO.I~Jr
AN ORDINANCE ordering the construction of street
and drainage improvements within a certain area
within the City pursuant to property owners'petition
therefor;establishing Local Improvement District No.
62 and ordering the carrying out of the proposed
improvement;providing that payment for the improve-
ment be made by special assessments upon the property
in the District,payable by the mode of "payment by
bonds";and providing for the issuance and sale of
local improvement district warrants or other short-
term obligations redeemable in cash and local
improvement district bonds.
WHEREAS,a petition for the creation of a local improvement
district to provide for the construction of street and drainage
improvements in a certain area of the City,all of the cost
thereof to be borne by the property included in the local
improvement district and benefited by those improvements,was
filed with the City Clerk;and
WHEREAS,the City Engineer has caused an estimate to be
made of the cost and expense of the proposed improvement and
certified that 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
improvements should be borne by the property within the proposed
improvement district,a statement in detail of the local
improvement assessments outstanding or unpaid against the prop-
erty 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
taxation;and
WHEREAS,that 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 cost and expense
thereof to be borne by each lot,tract and parcel of land or
other property;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 local improvement district
be created in connection therewith;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO
ORDAIN,as follows:
Section 1.The City Engineer has examined such petition
and has certified that he has determined such petition to be
sufficient and that it has been signed by the owners of 100%of
the area included in the proposed district.
Section 2.The City Council of the City of Marysville,
Washington (the "City"),orders the construction of the fol1ow-
ing street and drainage improvements:
Approximately 1,100 lineal feet of street improve-
ments to 47th Avenue Northeast commencing at Second
Street Northeast and continuing to the southerly
border of the Vista Auto Wreckers property.Such
- 2 -
improvements shall include construction of a 44 foot
wide street with an improved grade,curbs,gutters
and storm drainage facilities.It shall include
right-of-way acquisition as needed.
Approximately 500 lineal feet of street construction
creating an east-west industrial park road inter-
secting with the east side of 47th Avenue Northeast
at a point approximately 891.61 feet south of the
north line of Section 33,Township 30 North,Range 5
East,W.M.Such industrial park road shall be 44
feet wide with curbs,gutters and storm drainage
facilities.
All of the foregoing shall be in accordance with the plans
and specifications therefor prepared by Burt Reanier,the City's
consulting engineer,and may be modified by the City Council as
long as such modification does not affect the purpose of the
improvement.
Section 3.There is created and established a local
improvement district to be called Local Improvement District No.
62 of the City of Marysville,Washington (the "District"),the
boundaries or territorial extent of which District being more
particularly described in Exhibit "A"attached hereto and by
this reference incorporated herein.
Section 4.The total estimated cost and expense of the
improvement is declared to be $~51,05~,~The entire cost
and expense shall be borne by and assessed against the property
specially benefited by such improvement included in the District
embracing as nearly as practicable all property specially bene-
fited by such improvement.
Section 5.In accordance with the provisions of RCW
35.44.047,the City may use any method or combination of methods
- 3 -
to compute assessments which may be deemed to fairly reflect the
special benefits to the properties being assessed.
Section 6.Local improvement district warrants may be
issued in payment of the cost and expense of the improvement
herein ordered to be assessed,such warrants to be paid out of
the "Local Improvement Fund,District No.62,"hereinafter
created and referred to as the "Local Improvement Fund,"and,
until the bonds referred to in this section are issued and
delivered to the purchaser thereof,to bear interest from the
date thereof at a rate to be established hereafter by the City
.
Finance Director,as issuing officer,and to be redeemed in cash
and/or by local improvement district bonds herein authorized to
be issued,such interest-bearing warrants to be hereafter
referred to as "revenue warrants."In the alternative,the City
hereafter may provide by ordinance for the issuance of other
short-term obligations pursuant to Chapter 216,Laws of 1982.
The City is authorized to issue local improvement district
bonds for the District which shall bear interest at a rate and
to be payable on or before a date to be hereafter fixed by
ordinance.The bonds shall be issued in exchange for and/or in
redemption of any and all revenue warrants issued hereunder or
other short-term obligations hereafter authorized and not
redeemed in cash within twenty days after the expiration of the
thirty-day period for the cash payment of assessments without
interest on the assessment roll for the District.The bonds
- 4 -
shall be redeemed by the collection of special assessments to be
levied and assessed against the property within the District,
payable in annual installments,with interest at a rate to be
hereafter fixed by ordinance under the mode of "payment by
bonds,"as defined by law and the ordinances of the City.The
exact form,amount,date,interest rate and denominations of
such bonds shall be hereafter fixed by ordinance of the City
Council.Such bonds shall be sold in such manner as the City
Council shall hereafter determine.
Section 7.In all cases where the work necessary to be
done in connection with the making of such improvement is
carried out pursuant to contract upon competitive bids,the call
for bids shall include a statement that payment for such work
will be made in cash warrants drawn upon the "Local Improvement
Fund."
Section 8.There is created and established in the office
of the City Finance Director for the District the "Local
Improvement Fund,"into which fund shall be deposited the
proceeds from the sale of revenue warrants or other short-term
obligations drawn against the fund which may be issued and sold
by the City and collections pertaining to assessments,and
against which fund shall be issued cash warrants to the con-
tractor or contractors in payment for the work to be done by
them in connection with the improvement,and against which fund
cash warrants shall be issued in payment for all other items of
expense in connection with the improvement.
- 5 -
Section 9.within fifteen (15)days of the passage of this
ordinance there shall be filed with the City Finance Director
the title of the improvement and District number,a copy of the
diagram or print showing the boundaries of the District and the
preliminary assessment roll or abstract of such roll showing
thereon the lots,tracts and parcels of land that will be
specially benefited thereby and the estimated cost and expense
of such improvement to be borne by each lot,tract or parcel of
land.The City Finance Director shall immediately post the pro-
posed assessment roll upon his index of local improvement
assessments against the properties affected by the local
improvement.
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,Washington,at a regular open public meeting
~4thereof,this ~th day of January,1983.
ATTEST:
,~l;Q#~;;
APPROVED AS TO FORM:
'xU ~%r-~
- 6 -
,.........'....EXHIBIT A
LID 62 -ROADWAY IMPROVEMENTS
LEGAL DESCRIPTION
PERIMETER OF INCLUDED LANDS
BEGINNING at the SW corner of the NE 1/4 of the NE 1/4 of Section
33,T.30N.,R.5E.,W.M.;
THENCE,:
~
THENCE:
THENCE:
Alohg the South line of said NE 1/4 of the NE 1/4,
S 88.45.49 E a distance of 40.00 ft to the East line
of 47th Ave NE (Liberty Ave);
Along said East line of 47th.Ave NE,parallel to the West
line of said NE 1/4 of the NE 1/4 of Section 33-30-5,
N 00.50.44 E a distance of 2~.00 ft to the TRUE POINT OF
BEGINNING;
"Continuing along said East line of 47th AVE NE,
N 00.5~.44 E a'distance of 624.88 ft to the South line of
the North 1/2 of the"NE 1/4 of the'NE 1/4 of Section
33-30-5;
"THENCE:Along said'South line of "the North 1/2 S 88.41.46 E a
distance of 427.74 ft;-..
THENCE:N 01.22.17 E a distance of 460.65 ft;
THENCE:S 88.37.43 E a distarlce elf '397.20 ft'parallel b o the
North line of said NE 1/4 of the NE 1/4 of Section
33-3121-5;
THENCE:S 01.22.17 W a distance of 119.90 ft;
THENCE:S 30.07.43 E a distG\Y"Ice of 264.00 ft;
THENCE:S 46.22.17 W a d i s t ance of 119.10 ft;
THENCE:N 88.37.43 W a di starlce e,f 40 ft mor-e or-less te.the :':;~.
cent er Ii y,e elf Aller.Creek;
THENCE:c Southerly along the centerline of Allen Creek'to a point
which bears S 88.45.49 E from the TRUE POINT OF BEGINNING
THENCE:N 88.45.49 W,parallel to the South line or said NE 1/4
of the NE 1/4 6f Section 33-30-5}a distance of 552 ft
more or less,to the TRUE POINT OF BEGINNING.
ALL SITUATE IN THE NE 1/4 OF THE NE 1/4 OF SECTION 33,TOWNSHIP
30 NORTH,RANGE 5 EAST, W.M.,SNOHOMISH COUNTY,WASHINGTON.
;.:":
AFFIDAVIT OF PUBLICATION
No._
STATE OF WASHINGTON,
County of Snohomish,
5S.
_____.:[:iJ:.L~L~·tQ.Q.C!.'tiQ~!:!t ,being first duly sworn
on oath deposes and says that he is the sec_l;'gj~.!'1.J:.y-__
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
Ordinance 1268 .~-as It was
published in regular issues (and not in supplement form)of
said newspaper once each week for a period of ~r::con-
secutive weeks,commencing on the 2..~tl.!_day of !.?_I'!.e_,
83
19 •and ending on the --26.th.-day of __..J:ao._,19.8.8_3_,
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-
cation is the sum of $__JJ}_e_QQ ,which amount has been
paid in full
worn to before me this ~~_~_
day of -~V!:-:.4-:.¥-,19_rJ.rt_~
~.........~~..A······A·.._..
Notary Public In and for the State of Washington,
Residing at MarySVille.
\,,11 T Vl""MP.~T;)VIL.L.C,.............nlnu Ivn
'''',.ORDINANCE NO. 1268
AN ORDI NANCE ordering the construction of street and drainage Improvements
within a certain area within the City pursuant to property owners'petition therefor;
establishing Local- I mprovement District No. 62 and ordering the carrying out of the
proposed improvement;providing that payment for th,e Improvement be mace by
special assessments upon the property in the District,payable by the mode of
"payment by bonds";and providing for the issuance and sale of local Improvement
district warrants or other short-term obligations redeemable in cash and local im-
provement district bonds.
WHEREAS.a petition for the creation of a local Improvement district to provide for
the construction of street and drainage improvements in a certain area of the City,all
of the cost thereof to be borne by the property Included in the local Improvement
district and benefited by those Improvements,was flied with the City Clerk.and
WHEREAS,the City Engineer has caused an estimate to be made of the cost and ex-
pense of the proposed improvement at:ld certified that estimate to the City Council,
together with all papers and information in his possession touching the proposed im-
provement,a description of the boundaries Of the District,a statement of what portion
of the cost and expense of the improvements should be borne by the property Within the
proposed improvement district,a 'stateftlent 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 ac-
tual valuation of the improvements In the proposed District according to the valuation
last placed upon It for the purpose of general taxation;and
WHEREAS,that estimate Is accompanied by a diagram of the proposed Improve-
ment ShOwing thereon the lots,tracts,parcels of land and crner property Which will be
specially benefited by the proposed improvement and the estimated cost and expense
thereof to be borne by each lot,tract and parcel of land or other property;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 locallmprove-
ment district be created In connection therewith;NOW.THEREFORE,
THE CITY C.QUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO OR·
DAIN,as follows:
Section 1.The City Engineer has examined such petition and has certified that he has
determined such petition to be SUfficient and that It has been signed by the owners of
100%of the area inctuded in the proposed district.
Section 2.The City Council of the City of Marysville,Washington (the "City"),orders
the construction of the following street and drainage Improvements:
Approximately 1,100 lineal feet of street improvements to 47th Avenue Northeast
commencing at Second Street Northeast and continuing to the southerly border of the
Vista Auto Wreckers property.Such Improvements shall Include construction of a 44
foot Wide street with an improved grade,curbs,gutters and storm drainage facilities.
It shall include right·of·way acquisition as needed.
Approximately 500 lineal feet of street construction creating an east-west industrial
park road intersecting with the east side of 47th Avenue Northeast at a point approx-
Imately 891.61 feet south of the north line of Section 33,Township 30 North,Range 5
East,W.M.Such industrial park road shall be 44 feet wide with curbs.gutters and
storm drainage facilities.
All of the foregoing shall be In accordance with the plans and specifications therefor
prepared by Burt Reanler,the City's consulting engineer,and may be modified by,the
City Council as long as such modification does not affect the purpose of the improve-
ment.
Section 3.There is created and established a local improvement district to be called
Local I mprovement District No: 62 of the City of Marysville,Washington (the
"District"),the boundaries or territorial extent of which District being more par-
ttcutertv described In Exhibit "A"attached hereto and by this reference Incorporated
herein.
Section 4.The total estimated cost and expense of the improvement Is declared to be
$251,056.00.The entire cost and expense shall be borne by and assessed against the pro-
perty specially benefited by such improvement Included In the District embracing as
nearly as practicable all property specially benefited by such improvement.
Section 5.In accordance with the provisions of RCW 35.44.047,the City may use any
method or combination of methods to compute assessments which may be deemed to
fairly reflect the special benefits to the properties being assessed.
Section 6.Local improvement district warrants may be issued in payment of the cost
and expense of the improvement herein ordered to be assessed, such warrants to be
paid out of the "Local Improvement Fund,'Dlstrlct No.62,"hereinafter created and
referred to as the "Local Improvement Fund,"and,until the bonds referred to In this
section are issued and delivered to the purchaser thereof,to bear interest from the date
thereof at a rate to be established hereafter by the City Finance Director,as Issuing of-
ficer,and to be redeemed In cash and/or by local Improvement district bonds herein
authorized to be issued. such Interest·bearlng warrants to be hereafter referred to as
"revenue warrants."In the alternative,the City hereafter may provide by ordinance
for the Issuance of other short·term obligations pursuant to Chapter 216,Laws of 1982.
, The City Is authorized to Issue local improvement district bonds for the District
which shall bear interest at a rate and to be payable on or before a date to be hereafter
fixed by ordinance.The bonds shall be Issued in exchange for and/or In redemption of
any and all revenue warrants issued hereunder or other short-term obligations
hereafter authorized and not redeemed in cash within.twenty days after the expiration
of the thlrty~day period for the. cash payment of assessments without interest on the
assessment roll for the District.The bonds shall be redeemed by the collection of
'special assessments to be levied and assessed against the property within the District.
payable in.annual rnstaumants..wlth.inter-est et.e .rate.tc .behereetterHxed.bv or-
dinance under the mode of "payment by bonds."as defined by law and the ordinances
.of the City.The exact form,amount,date,interest rate and denominations of .sucn
bonds shall be hereafter fixed by ordinance of the City Council.Such bonds shall be sold
'in such manner as the City Council shall hereafter determine.
" Section 7. In all cases where the work necessary to be done in connection With tne
making of such improvement Is carried out pursuant to contract upon competitive bids,
the call for bids shall include a statement that payment for such work will be made In
cash warrants drawn upon the "Local Improvement Fund."
Section 8.There is created and established in the office of the City Finance Director
for the District the "Local I mprovement Fund,"into which fund Shall be deposited the
proceeds from the sale of revenue warrants or other snor-t-term obligations drawn
against the fund which may be issued and sold by the City and collections pertaining to
assessments,and against which fund shall be issued cash warrants to the contractor or
-ccnrrecrcrs in payment for the work to be done by them in connection with the Improve-
:ment,and against Which fund cash warrants shall. be issued in payment for all other
items of expense in connection with the improvement.
Section 9.Within fifteen (5)days of the passage of this ordinance there shall be filed
with the City Finance Director the title of the improvement and District number,a
copy of the diagram or print showing the boundaries of the District and the preliminary
assessment roll or abstract of such roll showing thereon the lots,tracts and parcets'ot
land that will be specially benefited thereby and the estimated cost and expense of such
Improvement to be borne by each lot,tract or parcel of land.The City Finance Director
shall immediately post the proposed assessment roll upon his index'of local Improve-
meritassessments against the properties affected by the local improvement.
Section 10.This ordinance shall take effect from and after its passage and five (5)
.devs following its.publication as required by law.
,PASSED by the City Council and APPROVED by the Mayor of the City of Marysville,
:Was~lngton,at a regular open public meeting thereof,this 24th day of January,1983.
,s/Norman Anderson,Mayor,pro tem
ATTEST:Phillip E_Dexter,City Clerk
'APPROVED AS TO FORM:James H.Allendoerfer,City Any.
EXHIBIT A
LI.D 62-ROADWAY IMPROVEMENTS
LEGAL DESCRIPTION
PERIMETER OF INCLUDED LANDS
BEGI NN I NG at the SW corner olthe NE '/4 of the NE '/4 of Section 33,T. 30N., R.5 e..
:W.M.;
,THENCE:Along the South line of said NE 1J.4 of the NE I/A,S 88.45.-49 E a distance of
:40.00ft to the East line of 47th Ave NE (Liberty Ave);
.THENCE:Along said East line of 47th Ave N E,parallel to the West line of said NE lJ..
of the NE 114 of Section 33-30-5,N 00.50.44 E a distance of 20.00 ft to the T RUE POINT OF
BEGINNING;
THENCE:Continuing along said East line of 47th Ave NE,N 00.50.44 E a distance of
624.88ft to the South line of the North '/2 of the NE '14 of the NE '/4 of Section 33-30-5;
THENCE:ALong said South line of the North 112 S 88.41.46E a distance of 421,74ft;
THENCE:N 01.22.17E a distance of 460_65 It;
THENCE:S 88.37.43E a distance of 397.20It parallel to the North line of aid NE 1/4 of
the N E I;...of Section 33-30-5;
THENCE:S 01.22.17 W a distance of 119.90ft;
THENCE:S 30.07.43E a distance of 264.00 ft;
THENCE:546.22.17 W a distance of 119.10It;
THENCE:N 88,37,43 W a distance of 40 ft more or less to the centerline of Ailen
Creek;
THENCE:Southerly along the centerline of Allen Creek to a point which bears 5
88.45.49E from the TRUE POINT OF BEGINNING
THENCE:N 88.45.49W,parallel to the South line of sBld NE VA of the NE lJA of Section
3-30·5,a distance of 552 ft more or less,to me TRUE POINT OF BEGINNI NG.
ALL SITUATE IN THE NE 'fA OF THE NE '/4 SECTION 33,TOWNSHIP 30 NORTH,
RANG-E S EAST,W.M.,SNOHOMISH COUNTY,WASHINGTON.
publisned:January 26,1983 I