HomeMy WebLinkAboutO-1553 - ULID No. 12 (Special)~\
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CITY OF MARYSVILLE,WASHINGTON
ORDINANCE NO.15.5-3
AN ORDINANCE of the City of Marysville,
Washington,relating to the waterworks utility of the
City,including the system of sewerage as a part
thereof;specifying,adopting and ordering the
carrying out of a system or plan of additions to and
betterments and extensions of such waterworks util-
ity;and creating utility Local Improvement District
No.12.
WHEREAS,the City of Marysville,Washington (hereinafter
called the "City"),by Ordinance No.385 passed September 2,
1952,combined the sewerage system of the City and all additions
and improvements thereto with the waterworks utility of the
City,and the sewerage system at all times since has been
considered a part of and belonging to the waterworks utility of
the City,and the words "waterworks utility of the City"shall
hereinafter mean the combined sewerage system and water system
of the City,together with all additions thereto and betterments
and extensions thereof heretofore or hereafter made;and
WHEREAS,the City Council has determined it to be in the
best interests of the City that a system or plan of additions to
and betterments and extensions of the waterworks utility of the
City (the "Plan of Additions and Betterments")be specified,
adopted and carried out and that a utility local improvement
district be created in connection therewith;and
WHEREAS,the City Council by Resolution No.1466 adopted
July 6,1987,declared its intention to initiate the formation
of a utility local improvement district to be known and
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designated as utility Local Improvement District No.12 of the
City,for the construction and installation of that Plan of
Additions and Betterments to serve the area described in
Exhibit A attached hereto and by this reference made a part
hereof,and fixed the 27th day of July,1987,at 7:30 p.m.,in
the Council Chambers in the City Library,Marysville,
Washington,for hearing all matters relating to the improvement
applicable to Utility Local Improvement District No.12 and for
hearing all objections thereto and for determining the method of
payment for that improvement;and
WHEREAS,Hammond,Collier &Wade -Livingstone Associates,
Inc.,the City's consulting engineers,caused an estimate to be
made of the costs and expenses of the proposed improvement
applicable to such utility local improvement district,and
certified that estimate to the City Council,together with all
papers and information in its possession touching the proposed
improvement,a description of the boundaries of the utility
local improvement district and 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;
and
WHEREAS,that estimate is accompanied by a diagram of the
proposed improvement showing 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
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to be borne by each lot,tract and parcel of land or other
property;and
WHEREAS,due notice of the above hearing was given in the
manner provided by law,and the hearing was held by the City
Council on the date and at the time above mentioned,and all
objections to the proposed improvement were duly considered and
overruled by the City Council;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO
ORDAIN,as follows:
Section 1.The City specifies and adopts the Plan of
Addition and Betterments more particularly described in Exhibit
B attached hereto and incorporated herein by this reference.
The City may modify the details of the foregoing Plan of
Additions and Betterments where such modifications do not
substantially alter the purpose of that Plan.
All the foregoing shall be in accordance with the plans and
specifications therefor prepared by Hammond,Collier &Wade -
Livingstone Associates,Inc.,the City's consulting engineers.
Section 2.The life of the foregoing additions,better-
ments and extensions is declared to be at least thirty years.
Section 3.The estimated cost of the acquisition,con-
struction and installation of the above-described Plan of
Additions and Betterments is declared to be,as nearly as may
be,the amount of $~~1IX6b;8tnd such estimated cost shall be met
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and defrayed from the proceeds received from the issuance and
sale of water and sewer revenue bonds of the City in the amount
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of approximately $¥C1,-.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
authorized to be created pursuant to the provisions of RCW
35.43.042 Chapter.
Section 4.The City shall issue one or more series of
water and sewer revenue bonds at such times as the City Council
shall deem advisable.Such revenue bonds shall bear such
designation as the City Council shall determine hereafter,shall
be issued in such series,shall be in such 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,shall
contain and be subject to such provisions or covenants as
hereafter shall be 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
and sanitary sewage disposal services furnished and from the
receipt of payments of assessments levied in utility Local
Improvement District No.12 herein created to support the
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payment of the bonds herein authorized to be issued and any
parity bonds hereafter issued.
Section 5.The gross revenues and benefits to be derived
from the operation and maintenance of the waterworks utility of
the City and the Plan of Additions and Betterments herein
provided at the rates to be charged for water and sanitary
sewage disposal service furnished will,in the judgment of the
City Council,be more than sufficient to meet all expenses of
operation and maintenance thereof and to permit the setting
aside into a special fund out of the gross revenues of the
waterworks utility system of the City,in addition to the
special assessments to be levied and collected in Utility Local
Improvement District No.12 herein created to support the
payment of the bonds herein authorized to be issued,of suffi-
cient amounts to pay the interest on the water and sewer revenue
bonds herein authorized to be issued.
Section 6.There heretofore has been created and estab-
lished in the office of the City Finance Director a special fund
known as the Utility Construction Fund into which fund shall be
deposited the proceeds received from the issuance and sale of
the bonds authorized herein to be issued and which fund shall be
used for the purpose of paying the cost of carrying out the Plan
of Additions and Betterments herein authorized and of paying the
costs and expenses connected therewith.The City,through its
proper officers and agents,shall proceed with the making of
those improvements and the calling of bids therefor in the
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manner provided by law.Pending the sale of the water and sewer
revenue bonds authorized herein to be issued,the City may issue
interest-bearing warrants drawn upon the utility Construction
Fund 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 authorized herein to be issued and from any other
money available to the City in cash to finance the improve-
ments.In the alternative,the City hereafter may provide by
ordinance for the issuance of other short-term obligations
pursuant to Chapter 39.50 RCW.The Finance Director is author-
ized under RCW 39.50.030 to act on behalf of the City in selling
and delivering short-term obligations as authorized herein and
in fixing the dates,price,interest rates (which may be fixed
or variable but which may not exceed 12%per annum)and other
terms and conditions consistent with the purposes of this
ordinance.The Finance Director is authorized and directed to
execute such instruments and documents as are necessary in
connection with the issuance of those short-term obligations.
Section 7.To carry out the Plan of Additions and Better-
ments,there is created and established a Utility Local Improve-
ment District No.12 of the City of Marysville,Washington (the
"District"),the boundaries of which are described in Exhibit A
attached hereto.
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Section 8.The estimated cost and expense of the Plan of
Additions and Betterments is declared to be $i{113~·ff:all of
which cost shall be borne by and assessed against the property
included in the District embracing as nearly as practicable all
property specially benefited by such improvement.The assess-
ments in the District shall be for the sale purpose of payment
into the Water and Sewer Revenue Refunding Bond Redemption Fund,
1977,in the event that the water and sewer revenue bonds
authorized herein are issued on a parity of lien with the
outstanding bonds payable from such fund or into a special bond
redemption fund hereafter created for the payment of water and
sewer revenue bonds to be issued by the City to provide the
funds required to pay the cost and expense of carrying out such
Plan of Additions and Betterments.
Section 9.In accordance with the provisions of RCW
35.44.047,the assessment rates shall be computed on the basis
of the cost and expense of each unit,or 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 10.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
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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 immediately shall
post the proposed assessment roll upon his index of local
improvement assessments against the properties affected by the
local improvement.
PASSED by the City Council and APPROVED by the Mayor of the
City of Marysville,Washington,at a regular open public meeting
thereof,this lOth day of August,1987.
CITY OF MARYSVILLE,WASHINGTON
ATTEST:
FORM APPROVED:
~-s Cbc.c=yAttorney
0970m
Published:-------------
Effective Date:----------
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EXHIBIT A
Those portions of the South half of the Northeast quarter
of Section 22 and the South half of the Northwest quarter
of Section 23,all in Township 30 North,Range 5 East,
W.M.,described as follows:
All that portion of the South half of the Northeast quarter
of Section 22 lying East of Mercury Manor.
ALSO the West 2,263 feet of the South half of the Northwest
quarter of Section 23 lying North of Getchell Hill Road.
ALSO the East 300 feet of the West 497.87 ~eet of the
South half of the Northwest quarter of Section 23 lying'
South of Getchell Hill Road.
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EXHIBIT B
Sewer mains and appurtenances beginning at an existing manhole on 88th Street
N.E.;thence extending 290 feet Southeast across Allen Creek on a constructed
bridge to a point where the line branches,one branch south 150 feet.The other
branch,after the Allen Creek crossing,heads Northeast 600 feet to 88th Street
N.E.and then follows 88th Street N.E.270 feet where it branches,one branch
continuing 130 feet East,a second branch North 350 feet where it turns South-
east 460 feet;thence North 35 feet to the existing pump station (to be
removed), and the third branch continuing South 930 feet,then East 370 feet
where the line branches,one branch South 200 feet and the other East 290 feet.
Additionally,a main beginning at the end of the construction boundary of
Emerald Estates extending South 105 feet,then East 90 feet where it turns South
for 1,000 feet to 84th Street N.E.These mains,together with other miscellan-
eous lines,will provide service within the ULID boundary lines.
1500.240RE
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I,PHILLIP E.DEXTER,City Clerk of the City of Marysville,
Washington,certify that the attached copy of Ordinance No.
is a true and correct copy of the original ordinance
passed on the lOth day of August,1987,as that ordinance
appears on the Minute Book of the City.
DATED this
0970m
day of August,1987.
PHILLIP E.DEXTER,City Clerk