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HomeMy WebLinkAboutO-1294 - Water and sewer improvements (Special).~":XG~Bouk Pu-b.---.,File:'. .'.~ CITY OF MARYSVILLE,WASHINGTON ORn INANCE NO.I).'J i AN ORDINANCE of the City of Marysville, Washington,specifying and adopting a system or plan for making additions to and betterments and exten- sions of the waterworks utility of the City,includ- ing the system of sewerage as a part thereof; declaring the estimated cost thereof as nearly as may be;authorizing the issuance and sale of water and sewer revenue bonds in the principal sum of approxi- mately $750,000 in one or more series to be supported by assessments to be levied in one or more utility local improvement districts authorized to be created to obtain the funds with which to pay the cost of such system or plan;creating a special construction fund to be known and designated as the "Water and Sewer Construction Fund,1983,No.2";and authoriz- ing the issuance of interest-bearing warrants drawn upon such special construction fund or other short- term obligations 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 con- sidered a part of and belonging to the waterworks utility of the City,and the words "waterworks utility of the City"shall here- inafter 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,the City Council has determined it to be in the best interests of the City that sanitary sewage disposal service be extended to certain areas of the City southeasterly of Sunnyside Hills which will consist of the construction and installation of sewer mains and appurtenances to serve such areas:and WHEREAS,petitions of property owner~within such areas have been filed with the City petitioning for the construction i,. and installation of such sewer mains and appurtenances,which petitions the City Council deems to be advisory to it;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN,as follows: Section 1.The City hereby specifies and adopts a system or plan for making additions to and betterments and extensions of the waterworks utility of the City to serve certain areas of the City southeasterly of Sunnyside Hills consisting of the con- struction and installation of the following sewer mains at the following locations together with all necessary appurtenances thereto: On Marysville Cavalero Road (Sunnyside Rd) 52nd Street NE 67th Ave.NE From To Approx.Size South Boundary of 52nd St.NE 12"or 15" the Plat of Sunny- side Marysville A point approx.10" Cavalero Road 1,100 Feet east of 67th Ave. A point 300 feet 44th Street NE 8"or 10" north of 52nd St. An Easement Approx.intersec- tion of 52nd St. and 67th Ave. A point approx.8"or 10" 1,100 feet SEly of the beginning An Easement A point on 67th Ave.approx. 1,300 feet south of 52nd Street A point approx. 800 feet SEly of the beginning 8" 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. - 2 - Section 2.The life of the foregoing additions,better- ments and extensions is hereby declared to be at least thirty years. 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 $750,000,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 $750,000.Such water and sewer revenue bonds shall be supported by assessments to be levied and assessed against properties specially benefited by the improvements to be included in one or more utility local improvement districts hereby authorized to be created pursuant to the provisions of Chapter 52,Laws of 1967 of the State of Washington (RCW 35.43.042). 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.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 deter- mine 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 in fully registered 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 - 3 - I • .. 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 serv- ice.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 Districts Nos.1 through 9, inclusive,and in any uitlity local improvement district here- after created to support the payment of the bonds herein authorized to be issued and any parity bonds hereafter issued. Section 6.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 better- ments 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 heretofore created and in any utility local improvement dis- trict hereafter created to support the payment of the bonds - 4 - herein authorized to be issued,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 reve- nue 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 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 accord- ance with the provisions of Ordinances Nos.873,1088 and 1155. Section 7.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,No.2"into which fund shall be dpsoited 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 - 5 - ·,_.'-1'•• ". issued,the City may issue interest-bearing warrants drawn upon the "Water and Sewer Construction Fund,1982,No.2"to pay duly approved costs incurred in carrying out such improvements,such warrants to bear such interest as may be agreed upon between the City and any bank or investment banking firm agreeing to make a market for such warrants and such warrants to be paid out of the proceeds received from sale of the bonds herein auhorized 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 7.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 25th day of July,1983. M yor ATTEST: APPROVED AS TO FORM: 0222m - 6 - ; AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, ss. Jill E.Woodworth_____________________________--•being first duly sworn on oath deposes and says that he is the __._~~_c_r_e:~a.~¥_.. _ 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 1294 .____________________________--as It was published in regular issues (and not in supplement form)of said newspaper once each week for a period of Q.1]~__con- secutive weeks,commencing on the _}]_~~__ day of J"~1-Y , 19_JU,and ending on the __21.tlL day of ...!ll1}':,19JU_, 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 $~_~~q~__,which amount has been paid in full C\{1QR Subscribed :~~-:~~~=~-~~-:~i:-~~~~~~~~~~ day of ~::~:~~~ Notary Public in and for the State of Washington, Residing at Marysville. .------rC:j'IT;::Y;;rO~F MARYSVI LLE,WAS'~H;-;-IN;;;-;;:G:;:T;;O~N------­ ORDINANCE NO.129. AN ORDINANCE of Ihe City of Merysvllle,Weshlnglon,specllvlng end Iclopllng I ~os::~U~\I~",,';~~g]~I~~Cr:d~~~or~el~y~redmb~:;;~:rnl~e"~:le~~er~":~~~e:t7ecrl":,~g he ellimiled cost Ihereo!01 nelrly es mlY be;luthorlzlng Ihe Illuonee Ind sale of viter and sewer revenue bondlln the principal sum of approximately 5750,000 Inone or nore series to be supported by assessments to be levied In one or more utility local Im- Irovamen'districts authorized to be created to obtain the funds with which to pay the :05'of such system or plan;creating.a special construction fund to be knQlN'n and leslgnafed as the "Wafer and Sewer Construction Fund. 1983.NO.2''';and authorizing he Issuance of Interest-bearing warrants drawn upon such special construclton fund or .ther snert-term obligations pending the sale of such revenue bonds. WHEREAS,lhe CItVof MlrYlvllle,WOlhlngton (herelnofler cilled the "CIIV"),bVOr' IInonee No. 385 pelsed September 2,1952,combined the sewerege Iystem of Ihe City Ind III additions and Improvements thereto with the waterworks utility of the City,and the lewerage system at all times since has been conSidered a part of end belonging to the vllerworkl utility of Ihe CltV.Ind thl words "walerworkl utility of Ihe City".snau 'erelnafter mean the combined sewerage system and water system·of the City,together vtrn all addltlons·thereto and benermenfs and extensions thereof hereafter made;"and WHEREAS,the City Council hll delermlned 1110be In the best tnterests of tne Clly hat sanitary sewage disposal service be extended to certain areas of the City ",uthe..lerlvof Sunnyside Hllls which will consist of the censrruenen Ind Inllallollon of ~ewer mains and appurtenances to serve such_areas;and WHEREAS,petitions of property owners within such orelS hove been flied wltn Ihe CI· y petitioning for the construcflonand InstallatIon of such sewer mains and ap' )urtenances,which petitions the City Council d~ms to be advisory to It;NOW, rHEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE.WASHINGTON, DO OR- )AIN,as follows: Section 1. The Clly hereby specifies ond odopts I system or ptan for mlklng Iddillon, o and be"erments and extensions of the waterworks utility Of the City to serve certain .reas of the City southellsterly of Sunnyside Hills consisting of the construction and In- itallatfon of the following sewer mains at the following locations together with all iecesserv appurtenances thereto: On From To Approx.SIZE Marysville ceveterc South Boundary of 52no St. NE 12" or 15" Road (Sunnyside Rd)the plat of sunnvstce 52ndStreet NE Marysville A point approx.L 100 10" Cavalero Road Feet east of 67th Ave. 67th Ave.NE A potnt 300feet north 44th Street NE 8"or 10" of 52nd sr. An Easement Approx.Intersection A point approx.1,100 8"or 10" of 52ndSt. and feet SEly of the 67th Ave.beginning 8"An Easement A point on 67th Ave.Apoint epprox. approx.1,300feet 800feet SEly south of 52ndStreet of the beginning The City may modify the details of the foregoing system or plan so as to make change In the location and size of such sewer lines where such modifications do not substentlall alter the purpose of that system or plan. All the foregoing shall be In accordance with the plans and speclflcetlons therefo prepared by Hammond,Collier &.Wede-Llvlngstone Associates.. rnc., the City'S cor suiting engineers.' Section 2. The life of the foregoing additions,betterments and extensions Is hereb declared to be at least thirty years. Section 3. The estimated cost of the acquisition,construction and Installation Of th above-described additions to and betterments and extensions of the waterworks utility e the City Is hereby declared to be,as nearly as mav be, the sum of $750, and suc estimated cost shall be met and defrayed from the proceeds received fNm the Issuant and $ale of water and sewer revenue bonds of the cny In the I!Imount of approxlmatel $750,000.Such water and sewer revenue bonds shall be supported by assessments to b levied and assessed agelnst properties specially benefited by the Improvements to be lr eluded In one or more utility local Improvement districts hereby authorized to be create pursuant to the provisions of Chapter 52.Laws of 1967of the State Of Washington (RC\l 3S..jJ.042l. Section 4. The City Council has examined the possible environmental Impact of the ee dltions and benerments adopted by this ordinance and finds that there will be no slgnlf cant negative Impact on the environment bv reason of the adoption or carryIng out c those additions and betterments. Section 5. The City shall Issue one or more series of water and sewer revenue bonds C! such tl mes as the City Council shall deem advisable.The water and sewer revenue bond shall bear such designation as the City Council shall hereafter determine and shall b numbered from "1"upward consecutively within each series as Issued. The bonds sha be Issued in such series, shall be In such denomination and In fully registered form,sha beer such date or dates and Interest rate or retes, shall be payable at such place 0 places, shall mature serially In accordance with such schedule beginning not earfler tha one year after date of Issuance and ending not later than thirty years thereafter,or sha be term bonds, shall have such option of payment prior to maturity,Shall guarantee suc coverage and collection of retee,shall prcvrde for such additional funds and account! and shall contain and be subject to such provisions or covenants as shall be hereafte provided by ordinance.The bonds shall be sold In such manner as the City Council of th City shall deem to be In the best Interest of the City.The bonds shall be payable from th gross revenues received from ch8rges for water furnished and sanitary sewage dlsposl! service,and In the event that such bonds shall be Issued on a parity of lien With th outstanding "water and Sewer Revenue Refunding Bonds, 1977,""Water and Sewe Revenue Bonds,1979,"an~,"Water and Sewer Revenue Bonds, 1980" (the Outstandln parity Bonds),pursuant to the provlsrons of Ordinances Nos. 873,1088and 1155,from th recetpt Of payments Of assessments levied In Utility Local Improvement Districts nos. through 9,Inclusive,and In any utility local Improvement district hereafter created t support the payment of the bonds herein authorized to be Issued and any parity bond hereafter Issued. Section 6. The gross revenues and benefits to be derived from the operation an maintenance of the waterworks utility of the City and the additions thereto end exter slons and betterments thereof hereIn prOVided at the rates to be charged for water fUI nlshed and sanitary sewage disposal service on the entire utility will,In the judgment c the City Council,be more than sufficient to meet all expenses of operation an maintenance thereof and to permit the setting aside Into a special fund out of the grofl revenues of the waterworks u,"IIly olthe City. In Iddllion to the lpeelalolsessmenls 10b levied and collected In Utility Local Improvement Districts Nos. 1 thorugh 9 heretofor created lind In any utility local Improvement district hereafter created to support th payment of the bonds herein authorized to be Issued,of SUfficient amounts to pay the Ir terest on the water and sewer revenue bonds herein authorized to be Issued and on a other presennv outstanding water revenue bonds and water and sewer revenue bonds c the City 8Ssuch Interest becomes d.ue 8nd pavable and to pay and redeem all of thos bonds at maturity. In the event that the water and sewer revenue bonds herein authorized to be Issue shall be Issued on a parity of lien with the Outst8ndlng Parity Bonds, the water and sewe revenue bonds herein euthcrtzee to be Issued and sold shall be payable solely out of th speelol fund created ond establtshed In the office 01 the Clly Flnence Director by 0' dlnance No. 967and designated as the "Water and Sewer Revenue Refunding Bond Fum 1977,"which fund Is to be drawn upoln for the serepurpose of paying the principal of an Interest on the Outstanding Parity Bonds and the water and sewer revenue bonds herel authorized to be Issued and sold and any additional water and sewer revenue bond which may be hereafter Issued on a parity of lien therewith In accordance with the prov slons of Ordinances Nos. 873, 1088and 1155. Section 7. There Is created and established In the office of the City Finance Director special fund to be known as the "Water and Sewer Construction Fund,1983,NO.2"In1 which fund shall be deposited the proceeds r~celved from the Issuance and sale Of th water and sewer revenue bonds herein authorized to be Issued and which fund shall b used for the purpose of paying the cost of carrying out the additions to and benermen1 and extensions of the waterworks utility of the City as herein authorized and Of payJn the costs and expenses connected therewith.The City,through Its proper Officers an agents, shall proceed with the making of those Improvements and the calling of bid therefor in the manner provided by law.Pending the sale of the water and sewer revenu bonds herein aut.orlzed to be Issued, the City may Issue Interest-bearing warrant drawn upon the "Water and Sewer Construction Fund,1982,No.2"to pay duly approve costs Incurred In carrying out such Improvements,such warrants to beer such tntarss as may be agreed upon between the City and any bank or Investment bankIng firm agreE Ing to make a market for such warrants and such warrants to be pald out of the proceed received from sale'of the bonds herein authorized to be Issued and from any ottle moneys available to the City In cash to flnan~e the Improvements,or the Cltv may Issu hart-term bond anticipation notes In lieu of such Interest-bearing warrants. Section 7. This ordinance shall take effect from and after Its passage and five ($)day allowing Its pebucencn as required by law .. PASSED by the City Council and APPROVED by the Mayor of the cnv of M8rysvlllt ashlngton,at an open public regular meeting thereof,this 25th day of July,1983. Daryl arenntcx.Mayor ftesl:Phillip E,Dexler,CltV Clerk pproved as to Form:James H.Allendoerfer,City Attorney PubliShed:Julv 27,1983