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HomeMy WebLinkAboutO-1269 - Establishes ULID No. 9 (Special).. CITY OF MARYSVILLE,WASHINGTON ORDINANCE NO.1'269 AN ORDINANCE of the City of Marysville, Washington,specifying,adopting and ordering the carrying out of a system or plan of addi- tions to and betterments and extensions of the waterworks utility of the City,including the sewerage system as a part thereof;declaring the estimated cost thereof as nearly as may be; creating utility Local Improvement District No. 9;authorizing the issuance and sale of water and sewer revenue bonds in the principal sum of approximately $1~4;6,,+-~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. 9 herein created;creating a special construc- tion fund to be known and designated as the "Water and Sewer Construction Fund,1983";and authorizing 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 (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 sewer- age 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,signed by the owners of 100%of the prop- erties within the boundaries of such proposed utility local improvement district,was heretofore filed with the City Council of the City requesting the construction of a sewer main,pump station and force main,to serve the area within the boundaries of such proposed utility local improvement district;and WHEREAS,Burt Reanier,the City's consulting engineer, caused an estimate to be made of the costs and expenses of the proposed improvement and certified such estimate to the City Council,together with all papers and information in his posses- sion 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 local improvement assessments out- standing 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 improve- ments in the proposed district according to the valuation last placed upon it for the purpose of general taxation;and WHEREAS,such 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 expense thereof to be borne by each lot,tract and parcel of land or other property;and - 2 - WHEREAS,the City Council has determined that such petition is sufficient and that it is 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 connec- tion therewith;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN,as follows: section 1.The City specifies and adopts a system or plan of additions to and betterments and extensions of the waterworks utility of the City which shall consist of the con- struction and installation of the following improvements: Sanitary Sewers:Approximately 710 feet of PVC sewer main commencing at the south line of the vista Auto Wreckers property and continuing northerly along 47th Avenue N.E.approximately 360 feet to the location of the proposed pump station at the intersection of 47th Avenue N.E. and the proposed industrial park road,and then turning east for approximately 150 feet along such industrial park road.Such sewer main shall be 12 inches in diameter. Pump Station and Force Main:A sewer pump station to be located at the intersection of 47th Avenue N.E.and the proposed industrial park road;and approximately 150 feet of 4-inch force main connecting such pump station to the trunk sewer on the West side of 47th Avenue N.E. 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 appurtenances where such modifications do not substantially alter the purpose of that system or plan. - 3 - .' All the foregoing shall be in accordance with the plans and specifications therefor prepared by Burt Reanier,the City's consulting engineer. Section 2.The life of the foregoing additions, betterments and extensions is 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 delcared to be,as nearly as may be,the sum of $ /~4~&0 f ~,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 $1~1-,~o4 ~• Section 4.The City Council has examined the possible environmental impact of the additions and betterments adopted by this ordinance and finds that there will be no significant nega- tive impact on the environment by reason of the adoption or carrying out of those additions and betterments. Section 5.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 I hereof and ordered to be carried out,there is created and established a utility local improvement district to be known and designated as "utility Local Improvement District No. 9 of the City of - 4 - Marysville,Washington,"the boundaries of which are more par- ticularly described in Exhibit A and incorporated herein by this reference. Section 6.The entire cost and expense of the improvements within utility Local Improvement District No. 9 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 prop- erties 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 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 7.The special assessments to be levied and assessed upon the properties within utility Local Improvement District No. 9 shall be paid in such number of equal annual installments with interest at such rate as shall 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 8.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 - 5 - bear such designation as the City Council shall hereafter deter- mine,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 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 maturity, 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 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 in the event that such bonds shall be issued on a parity of lien with the outstanding "Water and Sewer Revenue Refunding Bonds,1977,""Water and Sewer Revenue Bonds,1979,"and "Water and Sewer Revenue Bonds, 1980"(the Outstanding Parity Bonds),pursuant to the provisions of Ordinances Nos.873,1088 and 1155,from the receipt of payments of assessments levied in utility Local Improvement - 6 - Districts Nos.1 through 8,inclusive,and in utility Local Improvement District No. 9 created by this ordinance. Section 9.The gross revenues and benefits to be derived from the operation and maintenance of the waterworks 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 main- tenance 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 through 9,inclusive,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. 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 Parity Bonds,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 City Finance Director by Ordinance No. 967 and therein designated as the "Water and Sewer Revenue Refunding - 7 - Bond Fund,1977,"which fund is to be drawn upon for the sole purpose of paying the principal of and interest on the Outstand- ing Parity Bonds 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 Ordinances Nos.873,1088 and 1155. Section 10.There is created and established in the office of the City Finance Director a special fund to be known as the "Water and Sewer Construction Fund,1983,"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 paying the costs and expenses connected there- with.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,1983,"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 - 8 - , ," 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,or the City may issue short term bond anticipation notes in lieu of such interest-bearing warrants. Section 11.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 an open public regular ~~meeting thereof,this ~th day of January,1983. ATTEST: ~~....../_- APPROVED AS TO FORM: ~~C 1 YAttOi"lley 0129m - 9 - 0'I .. EXHIBIT A ULID 9 -SANITARY'SEWERS LEGAL DESCRIPTION PERIMETER OF INCLUDED LANDS , ~.." " BEGINNING at the'SE corner of the NE 1/4 of Section 33,Township 30 North,Range 5 East,W.M.; THENCE:Along th~So~th line of said NE 1/4,N as.53.52 W a dista~ce of 1,~44.91 ,ft to the,SE corner of th~SE 1/4 of the NE 1/4 of Section 33-3~-5; TH~NCE:Along the West line of said SE 1/4 of the NE 1/4 of ,'Sectiori 33-30-5,N 00.50.44 E a distance of 330.~0 ft; .THENCE: THENCE: THENCE: THENCE: THENCE: Parallel to the South line of said SE 1/4 of the NE 1/4 of Sectio~33-30-5,S a8.53~52 E a distance of 40.00 ft', to ~he East 1 ine of 47th 'Ave'NE'(~iberty Avenue); A~ong said East line of 47th Ave,NE,oarallel to the West lir,e clf the East 1/2 of th~NE ',1/4 of Section ,33-30-5,'," N 00.50.44 E a distance of 1,504;64 ft to the'South line of the North 1/2 of the NE 1/4 of the NE1/4 of 'Section 33-30-5; AJong ~aid South line of the 'North 1/2 o~the NE:l/4 of the NE 1/4 of Section 33-30-5,S 88.41.46 E a distance o f '427.74 ft; N 01.22.17 E a distance of 4&0.65 ft; S B8.37.43 E a distance of 397.20 ft parallel'to the North line of the NE 1/4 6f the NE 1/4 of Section 33-30-5; ",:~ THENCE: S 01.22.17 W a distance of 119.90 ft; THENCE:'S 30.07.43 E a distance of 264.00 ft; THENCE: S 46.22.17 E a distance of 119.10 ft; THENCE: THENCE: S 88.37.43 E a distance of 420.47 ft to the 'East line of the NE 1/4 of Section 33-30-5; S 00.41.24 W a distance of 1,960.52 ft along the East Li ne said NE 1/4 elf Section 33-30-5 to the POINT. OF BEGINNING. TOGETHER WITH: Page 1 '.. I ,.-('(~' ,All that portion of Government Lot 3 and the NE 1/4,of the SE 1/4 c.fSectic.r,33,T.30N.,R.5'E.,W.M.,described as'Jc,llc.ws: ~EGINNING at the NE corner of said Gov't Lot 3; THENCE:' West along the North line of said Gov't Lot 3 a distance of 107.25 ft; 'THENCE: THENCE: ~ THENCE: -THENCE: Southerly parallel to th~East line of said Gov't Lot 3,' a distance of 825 ft; Easterly parallel to the North line of said Gov't Lot 3 a distance of 125 ft more or less,to the centerline of Allen Creek; Nort'heasterly along the cer.terl ir.e of Allen Creek to the North line of the NE 1/4 of the SE 1/4 of Section 33-30-5; ,'Westerly along said North 1 ine,of the,NE 1/4 of the SE 1/4 of Section 33-30-5 to the POINT OF BEGINNING. :.:., TOGETHER WITH:,Vacated Regan ~oad (4?th NE)(Liberty Ave)~ ~UBJECT to easeme~t for ,Snohomish County'PUn Nr 1." .....'........'.. ALL SITUATE IN SECTION 33,TOWNSHIP 30 NORTH.,..RANGE 5 EAST"W.M., SNOHOMISH COUNTY,WASHINGTON. .,.':' ".....;. ,' ••0, '. /0-.; AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, ss. ___~_:i:~~__~~__ti ~?_~~5J_~~h ,being first duly sworn on oath deposes and says that he is the;..SJ:tQt'.ftt.~.:r.3 ..._ 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 ____9!'_<!~~~~~_~_~_~~9 --as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of .9Jl~_con- secutive weeks,commencing on the __26th.day of _Jan.__, 19__8.3 and ending on the __2bj~.b day of _.l!!I]._o __,19_~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 $_2..L6 .._QQ ,which amount has bee paid in full ~~o0EJj)_ Subscribed and ·:D~efore me this dh_l!:::_ day of __~;~~~:~~ Notary Public In and for the State of Washington, Residing at Marysville. 88.53.52 E a dIstance of 40.00 ft to the East Hne of -47th Ave NE (Liberty Avenue); THENCE:Along said East line of 47th Ave NE parallel to the West line of the East III of the NE 11"of sectrcn 33·30'5, N 00.50.44 E a distance of 1,504.64 ft to the South line of the North Vi of the HE 11"of the NE 'f"of Section 33·30-5; THENCE:Along said South line of the North'h of the NE I;"of the NE If"of Section 33-30'5,588.-41.46 E a distance of 427.1-4 fI;I THENCE:N 01.22.17 E a distance of 460.65 ft; THENCE:S B8.37.43 E a distance of 397.20 It parallel to the North line of the NE 11.4 of the NE 11"of Section 33-30-5.- THENCE:S 01.22.11 W a distance of 119.90 ft; THENCE:S 30.01.43 E a distance of 264.00 fI; THENCE:S 46.22.11 E a distance of 119.10 ff'. THENCE:S 88.31.43 E a distance of 420.047 ft to the East line of the NE ';"of Section 33·30·5; THENCE:S 00.41.24 W a distance of 1,960.52 It along the East line of said HE ';"of Section 33'30-5 to the POINT OF BEGINNING. TOGEt'lTER WITH:All that portion of Government Lot 3 and the HE 'I"of the SE If" of Section 33, T. 30 N., R. 5 E.,W.M.,described as follows: BEGINN ING at the NE corner of said cev-r Lot 3; THENCE:West along the North une of said acv't Lot 3 a distance of 107.25 tt; THE NCE:Southerly parallel to the East line of said ccv-r Lot 3, a distance of 825 it; THENCE:Easterly parallel to tne North line of said acv't Lot 3 a distance of 125 It more or less to the centerline of Allen Creek; THENCE:Northeasterly along the centerline of Allen Creek to the North line of the NE '/4 of the SE I;.of Section 33'30-5; THENCE:Westerly along said North line of the·NE ,;"of the SE ';"of Section 33'30-5 to the POINT OF BEGINNING. TOGETHER WITH:Vacated Regan Road (<11th NE)(liberty Ave). SUBJECT to easement for Snohomish County PUO No.1. ALL SITUATE IN SECTION 33,TOWNSHIP 30 NORTH,RANGE 5 EAST,W.M., SNOHOMISH COUNTY,WASHINGTON. Pub,lIsher,J:.January 26,1983 CITY OF MARYSVILLE,WASHINGTON I AN ORblNANCE of the CityOO~~~;';.~~~e~~a~2:i~gton,specifying,adopting and ordering the carrying out of a system or plan of additions to and betterments and exten- sions of the waterworks utility of the City,including the sewerage system as e;part thereof'declaring the estimated cost thereof as nearly as may be;creating Utility Local l'mprovement District No.9;authorizing the Issuance and sale of water and sewer revenue bonds In the principal sum of approximately $164,604.00 to provide the .funds necessary to carry out such system or plan,ecch bends to be !>upported by assessments to be levied In Ut!!lty Local Improvement District NO.9 nerem created; creating a special construcflon fund to be known and desIgnated as ttle "weter and Sewer Construction Fund,1983";and authorizIng the Issuance of tnterest-eeertns war- rants drawn upon such special construction fund pending the sale of such revenue bonds. WHEREAS,the City of Marysvllle,Washington (the "City"),by Ordinance No. 385 pessee September 2,1952,combined the sewerage system of the City and all additions I and trnrpcvements thereto with the waterworks utl1lty 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 cttv,and the words "waterworks utllity 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,sign' ed by the owners of 100%of tne properties within the boundaries of such proposed utili· fy local Improvement district,was heretofore filed with the City Council of the City re- questing the construction of a sewer main,pump station and force main,to serve the area Within the boundaries of such proposed utility local improvement district;and WHEREAS,Burt Reenter.the City's consuillng engineer,caused an estimate to be made of the costs and expenses of the proposed improvement and certnree such estimate to the City Council,together with 011.1 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 local Improvement assessments outstanding or unpaid against the proper- ty 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 tlcn.and WHEREAS,such estimate is accompanied by a diagram of the proposed improve- ment showing thereon the lots,tracts,parcels of land and other poper'y Which will be specIally 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; an~HEREAS,the City Council has determined that such petition Is sUffi~ient ana that It I!>the best interests of the City that tile improvement as hereinafter described be cer- rled out and ttl at a uti Illy local improvement district be created In connection ther-ewttn,NOW,THEREFORE, THE CITY COUNCil OF THE CITY OF MARYSVILLE,WASHINGtON,DOOR· DAIN,as follows: Section 1.The City specifies and adopts a system or plan of additions to and bet- terments and extension of the waterworks utility of the City which shall consist of the constructrcn and Installation of the touowtna improvements: Sanitary Sewers:Approximately 710 feet of PVC sewer main commencing at the south line of the Vista Auto Wreckers property and continuing nOrtherly along 47th Avenue N.E.eooroxrmetetv 3~0 feet to the location of the proposed pump station at the tntersectrcn of -47th Avenue N.E.and the proposed Industri'al parI<road,and men turn ln9 eest for approximately 150 feet along such industrial park road.Such sewer main shall be 12 Inches In diameter. Pump Station and Force Main:A sewer pump station to be located at the intersection of 47th Avenue N.E.and the proposed Industrial park road;and approximately 150feet of 4-lnch force main connecting such pump station to the trunk sewer on the West side of 47th Avenue N.E. The cttv 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 appurtenances 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 Burt Reenter,the City's consulting engineer. Section 2.The life of the foregoing additions,betterments and extensions is declared to be at feast thirty veer-s. Section 3.The estimated cost of the acquisition,construction and installation of tne ecove-oescnbeo additions to and bettements and extensions of hte waterworks utility of the City Is hereby declared to be;as nearly as may be, the sum of $164,604.00,and such estimated cost shall be met and defrayed from the proceeds received from the Is svence and sale of water and sewer revenue bonds of the City in the amount of approx imately $164,604.00. seeuen 4.The City Council has examined tne possible environmental impact of the additions and betterments adopted by this ordinance and finds that there will be no significant negative Impact on the environment by reason of the adoption or carrying out of those additions and betterments. seettcn 5. To carry out the entire system or plan of additions to and bettements and extensions of the waterworks uti lit I'of the City specified and adopted in Section 1 hereof and ordered to be carried out,there IS created and established a uuutv local improve- ment district to be known and designated as "Utility Local Improvement District NO.9 of the City of Marysville,weentnaton."the boundaries of Which are more particularly described in Exhibit A and incorporated herein by this reference secitcn 6, The entire cost and expense of the improvements within Utility Local rrn- provement District NO.9 shall be borne by and assessed against the properties special- ly benefited by such improvements Included in such utility local improvement district embracing,as near as may be, all the properties specially benefited by such im prcvements.In accordance with the provisions of Section 7of Chapter 258,.Laws of 1969, tat ex.sess..of ttle State of Washington (RCW 35.44.047),the City may use any method or ccmbtnetrcn of methods to compute assessments which may be deemed to fairly reflect tne special benefits to the properties being assessed. Section 1. The special assessments to be levied and assessed upon the properties within UtiHty Local rmcrcvementmstrtct No.9 shall be paid in such number of equal annual installments with interest at such rate as shall be hereafter fixed by ordinance. In the case 01 default in the payment of any assessment When the same shall become due,there shall be added Interest at a rete to be hereafter fixed by ordinance and a penalty of 5%whtch shall also be collected Section 8.The City shall issue oneor more series of water and sewer revenue bonds at such times as the City Council shall deem advisable.The water and sewer revenue bonos shall bear such designation as the City Council shall hereafter determine,shall bear-interest payable semiannually",and shall be numbered from "1"upward ccn- secvnvetv within each ser-Ies as.issued.The bonds shall be issued in such series,shall ~:t~~,s~hc:\\te:g::~}~~t~°ant :~~h f~r~~~~~lletc:~~s~~~r ~:~~r~r,s~~t:~yainn da~n:~~~~~~:~i~~ such schedule beginning not earlier than one year after date of tssvence and ending not later than thirty years thereafter,or snauee term bonds,shall have such option of pay meor prior to maturity,shall guarantee such coverage and collection of rates,shall prOVide for such additional funds and accounts,and shall contain and be suctect to such ercvtetoos or covenants as shall be hereafter provided by ordinance.The bonds shall be sold In sucn manner as the City Council of the City shall deem to be in the best interest of fhe 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 bonos shall be issued on a parity of lien wittl the outstanding "Water and Sewer Revenue Refunding Bonds,1977,""Water and Sewer Revenue Bonds,1979," and "Water and Sewer Revenue Bonds,1980"(the Outstanding Parity Bonds),pursuant to the provisions of Ordinances Nos. 873, 108Band 1155,from the receipt of payments of assessments levied in UHlity Local Improvement Districts Nos, 1 through B,inclusive, and in Utility Local l mrpcvernertt District No.9 created by this ordinance. Section 9.The gross revenues and benefits to be derived from the operation and maintenance of the waterworks utility of the City and the additions tnerete and exten- sions and betterments thereof herein provided at the rates to be charged for water tur- nlshed and sanitary sewage disposal service on the entire utility Will,in the iudgment of the City council,be more than sufficient to meet all expenses of operation and matnt nance thereof and to permit the setting aside info a special fund auf of the gross revenues of the waterworks utility of the Clty,in addition to the special assessments to be levied and collected in Utility Local Imrpovement Districts Nos. 1 through 9,in- crusrve,of sufficient amounts to pay the interest on the water and Sewer revenue bonds herein authorized at be issued and on all other cresennv outstanding water revenue bonds and water and sewer revenue bonds of the City as such interest becomes due and payable and fa pay and redeem atr 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 Parity Bonds,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 City Finance Director by OrdInance No.967and therein designated as the "Water and Sewer Revenue Refunding Bond Fund,1977,"which fund is to be drawn upon for the sole purpose of paying the principal of and interest on the Outstanding Parity Bonds 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 ac- cordance with the provisions of Ordinances Nos. B73, 1089and 1155. sectree 10,There Is created and cetebttsnec in the office of the City Finance Director it special fund to be known as the "Water and Sewer ccnstrccrton Fund,1983,"into which fund Sh611 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 ano betterments and extensions of the waterworks utility of the city as herein authorized and Of paying the costs and expenses connected therewith.The City,through its proper cmcere and eaents,shall proceed with the making of those improvements and ttle 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 tnterest-beertna war- rants drawn upon the "Water and Sewer Construction Fund,19B3," to pay duly accrov- ed costs Incurred In carrying out such improvements,such warrants to bear such in- terest 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 trom sale of the bonds herein authorized to be Issued and from any other moneys available to the City in cash to finance tne improvements,or the City may issue short term bond anticipation notes In lieu of such Interest-bearing warrants. Section 11.This ordinance shalt take effect from and after its passage and five (5) days following Its publication as required bv law. PASSED by the City Council and APPROVED by the Mayor of the City of Marysville, Wa!ihlngton,at an open public regular meeting thereof,this 24th day Of,Ja[1uary..1983. Norman Anderson,Mayor,pro tem ATlEST:Phillip E.Dexter,City Clerk APPROVED AS TO FORM:James H.Allendoerfer,CITy Atty. EXHIBIT A UliD 9 -SANITARY SEWERS LEGAL DESCRIPTION PERIMETER OF INCLUDED LANDS BEGI NNING at the SE corner of rne NE ';"of secttcn J3,Township 30 North,Range 5 East,W.M.; THENCE:Along the South line of said NE I;",N 88.53.52 W a distance of 1,344.91 ft to the SE corner of the SE I;"of the NE I;.of Section 33-30·5; E :~Ts~aCn~~~~O;;ij.6~ef~estllne of said SE 114 of the,NE If"of Section 33'30-5, N 00.50.44 THENCE:Parallel to the South line of said SE 114 of the NE lJ...of Section 33-30-5, S