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HomeMy WebLinkAboutO-1563 - Zones annexed property (Special).;:".. ·11 ~.XG~I g",,!<-PlA-b, 2-~f\;a.t1c.e CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO./5"<e3 AN ORDINANCE OF THE CITY OF MARYSVILLE ZONING CERTAIN PROPERTY RECENTLY ANNEXED INTO THE CITY LIMITS AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Ray F.Walker is the owner of certain real property located at the southwest corner of 100th Street N.E.and 48th Drive N.E.,Marysville,Washington,the same being legally described in Exhibit A attached hereto;and WHEREAS,said property was annexed into the City of Marys- ville on May 11,1987 by the enactment of Ordinance No.1536;and WHEREAS,Ordinance 1536 adopted a comprehensive plan for the subject property designating it in the Single Family Residential 7200 classification;and WHEREAS,the City Planning Commission held a public hearing on August 11,1987,and adopted formal findings of fact and a recommendation that the subject property be zoned in the Single Family Residential 7200 classification;and WHEREAS,the City Council held a public meeting on said zoning classification on August 24,1987,and found that the Planning Commission recommendation was in the public interest and was consistent with the comprehensive plan;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1.The findings of fact of the Planning Commission with respect to this case are hereby adopted,and the above- described property is hereby zoned in the Single Family Residen- tial 7200 classification. Section 2.The official zoning map of the City of Marys- ville,washington,as adopted in 1972,and Section 5.02 of Ordinance No.772,are hereby supplemented to reflect the zoning classification of the above-described property. PASSED b~the City Council and APPROVED by the Mayor thisL!L day of ,c.;'ePC ,1987. Ordinance - 1 .\ -. 'ft·• Attest: B~£4iZ:;CITY CLERK Approved as to Form: Published:------------ Effective Date:---------- Ordinance - 2 ~.'.~ EXHIBIT A QUi~RrI'ER OF SEC'l'IO!";16,':!.'Om~SE!E'30 NO?TH,RP.:~GE 5 ~!;'ST,!'!.!!. SnOHOE!S!~,counzr !'lASE!!'!G'l'ON,DESCRIBED AS FOLLONS: DEGnU!IHG .~T THE HORT.H[·!EST cosnss OF SAID suanrvrsron.THENCE SOUTH ALONG THE NEST LINE OF SAID SUBDIVISION 3(;FEET TO THE SOUTH LINE OF 190TH STREET U~E.;THENCE CONTINUING SOUTH ALONG SAID WEST LINE A DISTANCE OF 328 FEET TO.THE NORTID'lEST CORnER OF LOT 1,PLAT Of'PALf.1ER TRACTS,ACCORDING TO THE PLAT RECORDED IU VOLUME 14 OF PLATS,PAGE 94,RECORDS OF SNOHOHIS~COUNTY, WASHINGTON:THENCE EAST ALONG THE·NORTH LINE OF SAID LOT 1 A DISTANCE OF 380 FEET TO THE WEST L!NE OF.48TH DRIVE N.E.AS DEDICATED IN SAID PLAT OF PALMER TRACTS:THENCE CONTINUE ~~ST ALONG THE EASTERLY.EXTENSION OF THE NORTP.LINE OF SAID LOT I, PLAT OF PALHER TR..l\.CTS 60 FEET TO THE EAST NARG!N OF 48TH DRIVE' N.E .•:THENCE NORTH ALONG THE SAID EAST f·tARGIN A DISTANCE OF 358 FEET,MORE OR LESS,TO THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 16,Tm'lNSHIP 39,RANGE 5,EAST I'lILL.l\Jl~TTE HERIDIAN i THENCE WEST ALONG SAID NORTH LIEE 1'.DISTANCE OF 440 FEET,(·IORE OR LESS,TO THE TRUE POINT OF BEGINNING. E CITY OF MARYSVILLE,WASHINGTON OU.DINM!:::::E \:&0.1553 AN OROU'iANCE of the-CI'?y of Marysville,Washington,relating to the waterworks utility of the City,Including the system of sewerage as a part thereof;specifying,adop- ting and ordering the carrying out of a system or plan of additions to and bet1erments and extensions of such waterworks utility;and creating Utility Local Improvement DIstrict NO. 12.WHEREAS,the City Of Marysville,wasntnaton (hereinafter called the "City").by Or- dinance No. 385passed September 2, 1952.combined the sewerage system of the City an- dall additions and improv-ements thereto with the waterworks utility ot the City,and me sewerage system at all times since has been considered a part of and belonging to the waterworks utility of the Clty,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;andWHEREAS,the City council has determined it to be in the eestrnterests of the City that a system or plan of additions to and betterments and extensions Of the waterworks l.Itility of the City (the "Plan of Additions and Betterments")be specified,adopted and carried out and tnat a umity local Improvement district be created in connection therewith;andWHEREAS,the City council by Resolution No.1<166 adopted July6,1987,declared lis intention to initiate the formation of a utility local improvement district to be Known and designated as Utility Local I mprovement District No. 12 of the City,for the construction and installation of that Plan of Additions and Betterments to serve the area described In E:xhibit A following hereto and by this reference made a part hereof,and fixed 'tie 27th eav ot July,19B7,at 7:30 p.m.,in the Council Chambers in the City Library,Msrysville; Washington,for hearing all matters relettna to the improvement applicable to UtllltV Local Improvement District No. 12 and for hearing all cclecttcns tneretc and for deter- mining the method of payment for that improvement;and WHEREAS,Hammond,Collier &.Wade·Livingstone Associates;f nc..the City's con- suIting engineers,caused an estimate to be made of the costs and expenses of the propos- ed 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 bcuneertes of the utility local improvement district and a statement of what portion of the cost and expense,Of the trn provement should be'borne by the property wttntn the proposed utility local Improve- ment district;andWHEREAS,that estimate is accompanied by a diagram of the proposed Improvement showing the 101S,tracts,parcels of land and other property which will be specially \:;lenellted by the proposed improvement and the estimated cost and expense thereof to be \:;lorne by each lot.tract and parcel of land or other p-cpertv.and . WHEREAS,due notice of the above hearing was given in the manner provtcee by law, and the hearing was t1eld by the City Council on the date and at the time above mention- ed, and all obiections to me crcoosec improvement were duly considered and overruled \:;ly the City council;NOW,THEREFORE,THE ClTY COUNCIL OF THE CITY OF MARYSVILLE"WASHINGTON,DO OR- DAIN,as follows:Section 1, The City specifies and adopts the Plan of Addition and Betterments more parttculettv described in ExhibIt B toll owing 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 witl1 the plans and specifications tneretcr prepared by Hammond,Collier &Wade·Livingstone Associates,rnc.,the City'S con- suiting engineers.Section 1. The lite of the foregoing additions,betterments and extensions Is declared to oe at least thirty years.Section 3. The estimated cost of the acqutstucn.construction and tnstenancn Of the abo....e-described Plan of Additions and Betterment'S>Is declared to be, as nearly as may be,the amount of $.459,306.89,and such estimated cost shall be met and defrayed trom the proceeds recetvcc from the issuance and sale Of water and sewer revenue bonds of the City in the amount of a:"proximately $459,306.89.Such water and sewer revenue bonds shall be supported by assessments to be te....ied and assessed against propertIes epecteuv benefited by the improvements to be included in one or more utility local Impro....ement districts authorized to be created pursuant to the provisions of RCW 35.43.042 Chapter. seencn 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 su-ch designation as the City Council shali determine hereafter,shall be issued in such series, shall be in sue"form,shall bear such date or dates and interest rete or rates,shall be payable at such place or places,shall mature serially in accordance with such scneeute beginning not earlier than one 'lear after date ot issuance and ending not later tnen thirty years thereafter,or shall be term bonds, snau neve such option of pay ment prior to maturity.shall guarantee such coverage and ccnecnon of rates,shall provide for such additional funds and ecccunts.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 fhe 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 Dtstrtct No.12 herein created to sup· port the payment ot the bonds neretn authorized to be issued and any parity bonds hereafter issued.Section 5. The gross revenues and benefits 10 be derived from the operation and maintenance of the weterwcrks umity Of the City and the Plan of Additions and Bet· terments herein provided at the rates to be charged for water and sanitary sewage disposal service furnished wttl.in tne iudemen1 Of the City Council,be more than suffi cienr to meet all expenses of op~r~tion and maintenance thereof and to permit the setting esrce rnto s special fund out of the gross revenues of the waterworks utility system of the Cit',',in addition to the special assessments to be levied and collected In utility Local Im- provement District No. 12 herein created to support the payment of the ccnas-neretn authorized to be issued, of sutttctent amounts to pay the interest on the water and sewer revenue bonds herein authorized to be issued. Section 6.'tnere heretofore has been created and established in the office of tne CIty Finance Directo-r a special fund known as the Utility Construction Fund Into which fund shall be deposited the proceeds received tram the issuance and sale of the bonds authorized beretn to be issued and which fund snau be used for the purpose of payIng the cost of carrying out the Plan of Addl1\ons and aetterments herein autnorlzed and of pay' ing the costs and expenses connected therewith.The City,through Its proper officers and agents,shaH proceed with the making of those improvements and the calling of bids therefor in the manner provided by law.Pending tne sale of the water and sewer revenue '.conas·S.UfMr'IIoone'reinl~he-'c"ltymay issue tnterest-eeartna warrant-- drawn upOn the Uillity Construction lund to pay duly approved costs/ncurred In carryjn~ out such Improvements,such warrants to bear such interest as may be agreed upon bet.· ween the City and any bank or Investment banking firm agreeing to make a mark-et for such warrants and such warrants to be paid out Of the proceeds received from sale of the bonds authorized h,;reln to be Issued and fr:om arw.ctner money available to the City in cas~to finance the ,rmprovements.In the etternenve.the Cltl'hereafter may provide by r;;:g:::~~~~~~~,~t~;e r~~~:~t~~~a~ttr::,~l~~~r~~~~~R~JJ~;~~~~~t~:~:~~~~h~~fa~t~~e3~\~O in Selling. and.oeuvertna short-term obligations as evfttortzed herein and in fixing tt1~ dates,price.Interest ratd (which may be fixed or variable but which may not exceed ~~%per annum}and other terms and conditions consistent with tne purposes Of this cr- nance. The stnence Director is authorized and ctrectec to execute such instruments ~~~g~f~n~.ents as ar~~eceSSarY,ln ccenectton with the issuance of those Short-term Sect~on 1. To c~rry out the Plan of Additions and Betterments,there Is created and established a Utrllty Local .tjnprcvement Dlstrtct No 12-01 the Cty Of M ·11~=s~~~~:~.n (the "District"),the boundaries of which a;edescrlbed i~EXhlbital~~~lrO~~ Section 8. The estimated cost and expense of the Plan Of Additions and Betterments' declared to be S45?,306.89,all of ,which cost shall be borne by .anc assessed against t~: property Include~rn the DIstrict embracing as nearly as practicable all property spectat- tv.benettted by such I.mprovement.The assessments In the District shall be for the sole F~~t9~,~~~e~~~~~:Ot~Z~t:e~~~t:~~nSde~:~e~~~~~~~eR~~~~i~3t~o~~~e;~~~~~t~~~ rssue.don a parity of lien with the outstandIng bonds payable,from such fund or Into a specral bond redem~tlon ,fund hereafter,created lor the payment of water and sewer ~~~~~:~~:~:~l~~~~tU~~c~y~raenC~YA~od~(i:~d:~~eBfe~~~rS~~~~redto pay the cost and Section 9.In accordance wit"the provisions of RCW 35..«.047:the assessment rates shall be computed on the basis of the cost and excenseot eecn unit,or the City may use ::f~I~~~~cf~~:~P~~i~~I~~m~'t~e>f;et~~~~~~i~eS a~i~s:r;~~t;s~~.iCh may be deemed to .Wi~~~~~i:1~v ~il~~~c~'f~~~~c~~~).'~:~~t~~~~a~~~~~~~~to:~~n~~;fr!~:~~~ba~~be filed of the diagram or prrnt showrng tne bconcartes of the District and the prel{~·~~~y assessment.roll or abstract of such rcu.snowtna thereon the lots;tracts and arc~ls:' .land tnet Will be specially benettteatherebv and tne estimated cost and expen~e of such !mproveme~tto be borne ,by each lot,:trac1 or parcel of land. The City FInance Director ~e';:te~~~~~':mS:;tl~.~::~ilt~tet~;o~s::rt~:~e:f~~~~~rbo~I t~~~~c~\S i ~g;~v~~~r 1-imp.rove-· w:~r~:t~n?~:.~er;~JI;~~~~~~8gl~P~:e~i~~~h~:e~~~~1~y~O;i~fdt::;fi~uo;~~ta ~~~~ille, CITY OFMARYSV1LL:E,WASHINGTON .'. ATTEST:s/Phillip E.Dexter~~~;rgfenr:ndersOn"MaYOr APPROVED AS TO FORM:slJames H.Aliendoerfer',City,Attorney 'rbcse portions of the South "alf'Of~:~~~~~e:st quarter of section 22 and the So th~:~~~~:d ~~~~~:~:quarterof Section,23,attIn Township 30 Nort~,Range 5 E'ast,~.~., M::~~~:t~~~~~.n of the South h:lf.ofthe Northeast quarte~of Section 22 lying East of N~~hS~t~~t~~::1 ~~f~ke:atd~f the South half Ofthe Northwest quarter of Section 23 lying of ~c~~0~t1;3EI~~~g~~i~~tg:t~::l~4~iii8~~~~t of the South half of the Northwest quarter Sewer maln~and appurtenances beg~~~~:lJa~existing manhole-on 88th Street N Eth~ce e)(te~d,"g 290feet Southeast acrcss-Auen creekon a constructed bridge to a p~in't were the h.ne branches,one branch ~ut~150 feet. The other branch after the Allencr~ek crossing,head.s Northeast.~~eet to Bath Street N.E:and then foilows B8th Street N..270 feet where It branches,one branch continuing 130feet East'a second branch~:~i~n3~of~;tr,:,~e~:ei~)t,u~g~~~~~~T:~~~~~e~~'~~~nnUci~~~~~~~~~~~~~:t~~~xJ~~~~~~~ where the line bran.chet,one branch Sout"200,feet and the other East 290 teet Addi-::r,nd~g~~sao~~I~~~~~~~~;tJ~~t9nodf~':h;;:rnesi~~~~I~~~~~t~d,a;/l~~%e;,atf~8~~~aitSr~~; ~'eEu~~~S~o~~~~~,/~~:~~er Wrth o~her,miscellaneous lines,wHI provide service withinPublished:Sel)tember9,·1987 ~...J No._ ..-,;:. AFFIDAVIT Of'"PUb3L~CATI[JN STATE OF WASHINGTON, County of Snohomish, ss.~1M----------'--------~.being first duly sworn on oath deposes and says thatsheis the_~t~_ of THE MARYSVILLE GLOBE,a weeklyne~paper. 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,Waah- 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'r.4YJM_(k_'!::_j~s:.l 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 _q_f!:.day of .SfI.J:@~ 190:._.and ending on the _q_~day of ~f#!J~__('l 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 $_rl.i~i~,which amount has been paid in full .-------~---~------------~~ Subscribed and sworn to bm,e this-------L~;~:~~:~ti:~:~:.. Residing at Marysville..