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HomeMy WebLinkAboutO-1560 - Amends Ord. 1456; ULID No. 10 assessment roll (Special)"''.'.. .; CITY OF MARYSVILLE,WASHINGTON ORDINANCE NO.1560 AN ORDINANCE relating to utility Local Improve- ment District No.10;amending Ordinance No.1456; and modifying,approving and confirming the assess- ments and assessment roll of Utility Local Improve- ment District No.10,which has been created and established for the purpose of carrying out the plan of additions to and betterments and extensions of the waterworks utility of the City specified,adopted and ordered to be carried out by Ordinance No.1456 and levying and assessing a part of the cost and expense thereof against the several lots,tracts,parcels of land and other property shown on the roll. WHEREAS,the assessment roll levying the special assess- ments against properties located in Utility Local Improvement District No.10 in the City of Marysville,Washington (the "City"),has been filed with the City Clerk as provided by law; and WHEREAS,notice of the time and place of hearing thereon and making objections and protests to the roll was duly pub- lished at and for the time and in the manner provided by law fixing the time and place of hearing thereon for the 14th day of September,1987,at the hour of 7:30 p.m.,local time,in the Council Chambers in the City Hall,Marysville,Washington,and further notice thereof was duly mailed by the City Clerk to each property owner shown on the roll;and WHEREAS,at the time and place fixed and designated in the notice,the hearing was held,all written protests received were considered and all property owners who submitted such protests ,"·~ .~ or their representatives appearing at the hearing who wished to be heard were heard,and the City Council,sitting and acting as a Board of Equalization for the purpose of considering the roll and the special benefits to be received by each lot,parcel and tract of land shown upon such roll,including the increase and enhancement of the fair market value of each such parcel of land by reason of the improvement,determined to modify certain of the assessments appearing on such roll and overruled all other protests;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN as follows: Section 1:Section 3 of Ordinance No.1456 is amended to read as follows: 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 $592,400,and such estimated cost shall be met and defrayed,in part,from the proceeds received from the issuance and sale of water and sewer revenue bonds of the City in the amount of approximately $557,500.00.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. - 2 - Section 2.Section 8 of Ordinance No.1456 is amended to read as follows: Section 8.The estimated cost and expense of the Plan of Additions and Bettermen~r~declared to be $592,400,of which cost approximately $31,~00.00 shall be paid by the City from available funds and the balance of approximately $557,500.00 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 assessments in such utility local improvement 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 3.The modifications as set forth in Exhibit A, attached hereto and incorporated herein by this reference,are made on the assessment roll of utility Local Improvement District No.10. Section 4.The assessments and assessment roll of utility Local Improvement District No.10,which has been created and established for the purpose of carrying out the plan of addi- tions to and betterments and extensions of the waterworks - 3 - ~'". .'~ utility of the City specified,adopted and ordered to be carried out by Ordinance No.1456 as the same now stand after the modifications made in Section 1 hereof,be and the same are in all things and respects approved and confirmed in the total amount of $557,500.00. Section 5.Each of the lots,tracts,parcels of land and other property shown upon the assessment roll is determined and declared to be specially benefited by this improvement in at least the amount charged against the same,and the assessment appearing against the same is in proportion to the several assessments appearing upon the roll.There is levied and assessed against each lot,tract,parcel of land and other property appearing upon the roll the amount finally charged against the same thereon. Section 6.The assessment roll as modified,approved and confirmed shall be filed with the City Finance Director for collection and the Finance Director is authorized and directed to publish notice as required by law stating that the roll is in his hands for collection and that payment of any assessment thereon or any portion of such assessment may be made at any time within thirty days from the date of first publication of such notice without penalty,interest or cost,and that there- after the sum remaining unpaid may be paid in twenty equal annual installments.The estimated interest rate is stated to be 9.25%per annum,with the exact interest rate to be fixed in the ordinance providing for the issuance and sale of the - 4 - I~ water and sewer revenue bonds authorized to be issued by Ordi- nance No.1456.The first installment of assessments on the assessment roll shall become due and payable during the thirty- day period succeeding the date one year after the date of first publication by the City Finance Director of notice that the assessment roll is in his hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner.If the whole or any portion of the assessment remains unpaid after the thirty-day period,interest upon the whole unpaid sum shall be charged at the rate as determined above,and each year thereafter one of the install- ments,together with interest due on the unpaid balance,shall be collected.Any installment not paid prior to the expiration of the thirty-day period during which such installment is due and payable shall thereupon become delinquent.All delinquent installments shall be subject to a charge for interest at the rate as determined above and for an additional charge of 8% penalty levied upon both principal and interest due upon such installment or installments.The collection of such delinquent installments will be enforced in the manner provided by law. - 5 - ..... ',~.. ' ..c .... PASSED by the City Council and APPROVED by the Mayor of the City of Marysville,Washington,at a regular open public meeting thereof,this 14th day of September,1987. ATTEST: APPROVED AS TO FORM: 1044m - 6 - .....,.. .:...,..'-.. EXHIBIT A ORIGINAL REVISED PROPERTY OWNER DESCRIPTION OF PROPERTY ASSESSMENT ASSESSMENT Lakewood School District #306 Parcels 1-003, 1-004, 1-008 $64,233.35 $63,775.76 in Sec. 30,Twp 31 N, R5E WM tgw Ptn of Blks 1, 3, 4, 6, 7 &8 Funks First Plat of Lakewood Pacific Square Investment Corp.Parcel 4-003, Sec 20,$228,996.53 $227,365.20 Twp 31 N,R5E WM Brandvold,David A.Parcel 4-015, Sec.20,$4,719.97 $4,686.36 Twp 31 N,R5E WM Green-Harwood-Munro &Co.Parcel 4-016, Sec.20,S 31,414.81 $31,191.02 Twp 31 N,R5E WM Brandvold,David A.Parcel 4-025, Sec.20,$33,604.66 $33,365.27 Twp 31 N,.R5E WM Green-Harwood-Munro &Co.Parcel 4-029, Sec.20,$91,965.28 $91,310.14 Twp 31 N,R5E WM Petosa,Nicholas Lot 1,Smokey Point $11,127.81 $ 11,048.54 Service Center Anderson,Donald M.Lot 2,Smokey Point $6,127.08 $6,083.43 Service Center Smokey Point R.V.Park Lot 3,Smokey Point $47,008.22 $ 46,673.34 Service Center Rogers,Deni s &Mary Lot 4,Smokey Point $3,907.47 $3,879.63 Service Center Petosa,Nicholas Lot 5,Smokey Point s 13,766.86 $13,668.79 Service Center Ke 11,Ly 1eN.Lot 6,Smokey Point $2,979.32 $2,958.10 Service Center Welch,Robert E.et al Lot 7,Smokey Point $14,444.03 $ 14,341.13 Service Center Snohomish County Parks Parcel 4-008, Sec.29,$7,204.61 $7,153.29 Twp 31 N,R5E WM W27-76 CITY OF MARYSVILLE.WASHINGTON OROINANCE NO. 1560 . AN ORDINANCE relating to Utilfty Local I mprovement District NO.l0i amending Or- dinance NO,1456;and modlfylng,approving and confirming the assessments and assess- ment roll of Utility Local Imrpovement District NO.10,which has been created and establ [shed for the purpcseot carrying out the plan of additions to and betterments and extensions of the waterworks utility of the City specified,adopted and ordered to be car- ried out by Ordinance No.1456and levying and assessing a part of the cost and expense thereof against the several lots,'tracts,parcels of land and other property shown on the roll. WHEREAS,the assessment roll levying the special assessments against properties located In Utility Local Improvement .Dlstrlct No.10 In the City of Marysville, Washington (the "Clty")has been filed with the City Clerk. as provided by law;and WHEREAS,notice of the time and place of hearing thereon and making objections and protests to the roll Was du'y published at and tor-the time and in the manner provided by law fixing the time and place of hearing thereon for the 14th day of September,1987,at the hour of 7:30 p.m..tccet tlrne,in the Council Chambers In the Cltv Hall,Marysville, .....Washington,and further notice thereof was duly mailed by the City Clerk to each proper- ty owner shown on the roll; and WHEREAS.at the time and place fixed and designated In the nonce,the Rearing was held, all written protests received were coeeteeree and all property owners who submit· ted such protests or their representatives appearing at the hearing who wished to be heard were heard;and the City Council,sitting and acting as a Board of Equalization for the purpose Of considering the roll and the special benefits to be received by e8ch lot, parcel and tract of land shown upon such ron,lncluding the Increase and enhancement of the fair market value of each such parcel of land by reason of the improvement,deter· mined to modify certain of the assessments appearing on such roll and overruled all :.other protests;NOW.THEREFORE. ~~D;~NEa;\~;ro;~UNCILOF THE CITY OF MARYSVILLE.WASHINGTON,DO OR· Section I:Section 3 of OrdInance No. 14561s amended to read as follows: Section 3.The estimated cost of the acquisition,constructlon and Instatlstion of the above·descrlbed Plan of Additions and Betterments is declared ot be, as nearly as mny be, the amount of $592,400,and such estimated cost sna:I be met and defrayed.in part, from the proceeds received from the Issuance and sale of water and sewer revenue bonds of the City In the amount of approximately $557,500.00.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 1m· ::pr~;:tTo~ntd~~t~~~~:u~rgr~~~a~c~e~~~~~rsu~~:~~;~~~er~~~v~s~~~:I:'~~W 3S.43JU2. Section 8. The estimated cost and expense of the Plan of Additions and Betterments is declared to be $592.400.of which cost approxlmatelr $34,900.00shall be paid by the City from eveneete funds and the balance of approximately $557,500.00 shall be borne by and assessed against the property Included in the ntststct embracIng as nearly 8S prec- ticable all property specially beneflteq by such trnnerovernent.The assessments in such uttntv local improvement clstrtct shall be for the sole purpose of payment Into the Water and Sewer Revenue Refunding Bond Redemption Fund,1977,fn the event th~t the water and sewer revenue bonds authorized herein are Issued on a parity of lien with the outstanding ecncs 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 par the cost and expense of carrying out SUCh Plan of Additions and Betterments. Section 3. The modifications as set forth tn Exhibit A,following hereto and incor- porated herein by this reference,are made on the assessment roll of Utility Local Im- provement District No. 10.. Section 4.The assessments and assessment roll of Utility Local Improvement District No. 10.which has been created and established for the purpose of carryIng out the plan of additions to and betterments and extensions of the waterworks utility of the City specified,adopted and ordered to be carried out by Ordinance No.1456 as the same now stand after the modIfications made In Section 1 hereof,be and the same are In ail things and respects approved and confirmed In the total amount of $557.500.00. Section S.Each of the lots,tracts,parcels of land and other property shown upon the assessment roll Is determined and declared to be specially beneflled by this Improve- ment In at least the amount charged against the same,afld the asseasment appearing against the same is in proportion to the several assessments appearing upon the roll. There is levied and assessed against each lOt.tract,parcel of land and other property ap· pearing upon the roll the amount finally charged against the same thereon. Section ,.The assessment roll as modIfied.approved and confirmed shall be flied with the City Finance Director for colleciton and the Finance'Director is authorized and directed to publish notice as required by law stating that the roll Is In his hands for collec- tion and that payment of any assessment thereon or any portion of such assessment may be made at any time within thirty days tram the date of first publication of such notice without penalty,Interest or cost,and that thereafter the sum remaining unpaid may be paid in twenty equal annual installments.The estimated interest rate Is stated to be 9.25%per annum.with the exact Interest rate to be fixed In the ordinance pr~vldlng for the issuance and sale of the water and sewer revenue bonds authorized to be Issued by Ordinance No.1456.The first Installment of assessments on the assessment rod shall become due and payabte during the thirty-day period succeeding the date one year after the date of first publfcatlon by the City Finance Director of notice that the assessment roll Is In hIs hands for collection and annually therafter each succeed'ng Installment shall become due and paY&ble In like manner.If the whole or any portion of the essess- ment remains unpaid after the thirty-day period,Interest upon the whole unpaid sum shall be charged at the rate as delermlned above, and each year thereafter ooe of the tn- stallments,together with Interest due on the unpaid balance,shall be coll~ted.A.ny In- stallment not paid prior oj';,,)~;:;,i .-..~-:;::-:-~:;;c::~i::o "thlrtV'dav period during which such in- stallment Is due and payable shall thereupon become delinquent.All delinquent In- stallments shall be subject to a charge for Interest at the rate as cetermtneo above and for an additional charge of 8%penalty levied upon both principal and Interest due upon such Installment or Installments.The collection of such delinquent installments will be enforced In the manner prcvlded bv law. EXHI81TA AsseSSMeNT ASSESSMENT Lakewood School District 1306 Parcels 1·003,1,004,1·008 $64.233.35 $ 63.775.76 in Sec.30.Twp 31N. R5E WM tgw Pin of Blks 1,3.4. 6.7&8 Funks First ptat of Lakewood Pacific Square Investment Corp Parcel 4·003.Sec 20.Twp $228,996.53 $227.365.20 31 N,R5EWM Branvold,David A.Parcel 4·015,Sec. 20,$4.719.97 $4.686.36 Twp31 N.R5EWM Green·Horwood·Munro &Co.Parcel 4,016,Sec. 20,$31.414.81 $ 31.191.02 Twp 31N, R5E WM Brandvold,David A.Parcel 4-025,Sec. 20,$33.6Q4.66 $ 33.365.27Twp31N,R5EWM Green·Horwood-Munro&Co.Parcel 4-029,Sec. 20,$91.965.28 $91.310.14 Twp 31N, R5E WM Petosit,Nicholas Lot 1,Smokey Point $11.127.81 $11.048.54 servtce Center Anderson.Donald M.Lot 2,Smokey Point $6.127.D8 $6,083.43 Service Center Smokey Point R.V.Park Lot 3. Smokey Point $47.008.22 $46,673.34 ServIce Center Rogers.Denls&Mary Lot 4,Smokey Point $3.907.47 $3.879.63 Service Center Petosa.Nicholas Lot 5,Smokey Point $ 13.766.86 $ 13,668.79 service Center Kell,Lyle N.Lot 6. Smokey Point s 2.979.32 $2.958.10 Service Center Welch.Robert E. et e!Lot 17,SmOkey Point $14.444.03 $ 14.341.13ServiceCenter Snohomish County Parks Parcel 4·008.Sec. 29. $7.204.61 $ 7.153.29 Twp 31N. R5E WM PASSED by the City Council and APPROVED by the Mayor of the City ot Marysville. Washington,at a regular open public meeting thereof.this 14th day of September.1987. stNorman Anderson,Mayor ATTEST:slPhllllp E.Dexter.City Clerk APPROVED A5 TO FORM:"James H.Auenoderfer.City AttorneyPublished:Septembe...r_2..3::.•..:.19::8:.:.7 ...,j No._ AFFIDAVIT OF"PUBL;CATICN STATE OF WASHINGTON.rr of Snohomish, __~l!-!~.being first duly sworn on oath deposes and says that.sheis the_~Ia~_ of THE MARYSVILLE GLOBE, a -weekiY-~-;ewl>aper. 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,W88h. 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£d..uviiuL__=!.!S"..&Q 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 J_]~c:.._day OfSt.p!.<.fIJ#r' 19_Q and ending on the ;;l]~__day 0~k19K7:., 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~f-~~J.JJQ__.which amount has beenpaid in full V ...:J"/)J~----~~------------------------------- Subscribed and 'worn to b{t;;e this t-------J~~~~-:~g.-.. Residing at MarySVille.