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HomeMy WebLinkAboutO-1586 - LID No. 63 (Repealed by 1590)CITY OF MARYSVILLE,WASHINGTON ORDINANCE NO.I~~~ AN ORDINANCE ordering the improvement of a portion of 64th Street N.E.,all in accordance with Resolution No.1280 of the City Council;establishing Local Improvement District No.63 and ordering the carrying out of the proposed improvement;providing that payment for the improvement be made in part by special assessments upon the property in the Dis- trict,payable by the mode of "payment by bonds";and providing for the issuance and sale of local improve- ment district warrants redeemable in cash or other short-term financing and local improvement district bonds. WHEREAS,by Resolution No.1280 adopted November 2,1987, the City Council declared its intention to order the improvement of a portion of 64th Street N.E.,and fixed December 7,1987,at 7:30 p.m.,local time,in the Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all objections thereto and for deter- mining the method of payment for the improvement;and WHEREAS,Hammand,Collier &Wade -Livingstone Associates, Inc.,the City's consulting engineers,caused an estimate to be made of the cost and expense of the proposed improvement 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 proposed 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 district;.and WHEREAS,that 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 cost and expense thereof 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,and all persons appearing at such hearing and wishing to be heard were heard;and WHEREAS,the City Council has determined it to be in the best interests of the City that the improvement as hereinafter described be carried out and that a local improvement district be created in connection therewith;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN as follows: Section 1.The City Council of the City of Marysville, Washington (the "City"),orders the improvement of 64th Street N.E.from approximately 150 feet west of 53rd Avenue N.E. (Clayton Street)to approximately 200 feet east of 67th Avenue N.E.by the reconstruction of the roadway to a 56-foot width, installation of concrete curbs and gutters,a 5-foot concrete sidewalk on both sides of the road,storm drainage system and illumination and right-of-way acquisition. -2 - All of the foregoing shall be in accordance with the plans and specifications therefor prepared by Hammond,Collier &Wade -Livingstone Associates,Inc.,consulting engineers,and may be modified by the City Council as long as such modification does not affect the purpose of the improvement. Section 2.There is created and established a local improvement district to be called Local Improvement District No. 63 of the City of Marysville,Washington (the "District"),the boundaries or territorial extent of which District are more particularly described in Exhibit A attached hereto and by this reference incorporated herein. Section 3.The total estimated cost and expense of the improvement is declared to be $1,050,000.Approximately $100,000 of the cost and expense shall be paid by the City and the balance of that cost and expense shall be borne by and assessed against the property specially benefited by the improvement included in the District which embraces as nearly as practicable all property specially benefited by that improvement. Section 4.In accordance with the provisions of 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 5.Local improvement district warrants may be issued in payment of the cost and expense of the improvement herein ordered to be assessed,those warrants to be paid out of the Local Improvement Fund,District No.63,hereinafter created - 3 - and referred to as the Local Improvement Fund,and,until the bonds referred to in this section are issued and delivered to the purchaser thereof,to bear interest from the date thereof at a rate to be established hereafter by the City Finance Director, as issuing officer,and to be redeemed in cash and/or by local / improvement district bonds herein authorized to be issued,such interest-bearing warrants to be hereafter referred to as "revenue warrants."In the alternative,the City hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to Chapter 39.50 HCW. The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate and be payable on or before a date to be fixed hereafter by ordi- nance.The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized and not redeemed in cash within twenty days after the expiration of the thirty-day period for the cash payment without interest of assessments without interest on the assessment roll for the District.The bonds shall be redeemed by the collection of special assessments to be levied and assessed against the property within the District payable in annual installments, with interest at a rate to be fixed hereafter by ordinance under the mode of "payment by bonds,"as defined by law and the ordinances of the City.The exact form,amount,date,interest rate and denominations of those bonds shall be fixed hereafter - 4 - by ordinance of the City Council.Those bonds shall be sold in the manner as the City Council hereafter determines. Section 6.In all cases where the work necessary to be done in connection with the making of the improvement is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for that work will be made in cash warrants drawn on the Local Improvement Fund. Section 7.There is created and established in the office of the City Finance Director the Local Improvement Fund,into which fund shall be deposited the proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and collec- tions pertaining to assessments,and against which fund shall be issued cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improve- ment,and against which fund cash warrants shall be issued in payment for all other items of expense in connection with the improvement. Section 8.Within fifteen 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 that roll showing thereon the lots,tracts and parcels of land that will be -5 - specially benefited thereby and the estimated cost and expense of the improvement to be borne by each lot,tract or parcel of land.The City Finance Director shall immediately 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 14th day of December,1987. ATTEST: APPROVED AS TO FORM: N~!r i«(2,c '&~c~torney - 6 - Mayor EXHIBIT A CITY OF MARYSVILLE LID NO.63 LEGAL DESCRIPTION (Revised 10/19/87) That portion of Section 27,Township 30 North,Range 5 East,W.M.,described as follows: COMMENCING at the Southeast corner of Section 27; thence North along the East line thereof 330.07 feet; thence North 89'08'10"West 20.00 feet; thence North 207.00 feet; thence North 89'08'53"West 631.77 feet to the TRUE POINT OF BEGINNING; thence South 207.52 feet to the North line of the South 20 rods of the South half of the Southeast quarter of said section; thence West alon9 said North line to the Northerly projection of the Westerly margin of 64th Avenue N.E.; thence Northerly along said Westerly margin to a point 490.00 feet North of the South line of the Southeast quarter of said section; thence West parallel with said South line to a point 695.00 feet East of the West line of the Southeast quarter of said section; thence South parallel to the West line of said Southeast quarter 60.00 feet; thence West parallel with the South line of said Southeast quarter 185.00 feet to a point 510.00 feet East of the West line of said Southeast quarter; thence South parallel with the West line of said Southeast quarter 430.00 feet to the South line of said subdivision; thence West along the South line of said Southeast quarter to the Southwest corner thereof; thence North along the West line of said Southeast quarter to a point 32B.79 feet South of the North line of the East half of the Southeast quarter of the Southwest quarter of said section; thence West parallel to the North line of said subdivision to the East line of the West half of the Southeast quarter of the Southwest quarter of said section; thence South along the East line of said subdivision to a point that bears South 00'55'00"West,a distance of 716.6 feet from the South margin of 64th Street N.E. ; thence West parallel with said South margin to the Westline of the East 283.06 feet of said subdivision; thence North along said West line to a point 350.00 feet North of the Northerly margin of the Marysville-Snohomish Highway; thence West 250.00 feet to a point 100 feet East of the West 1ine of said subdivision; thence North along said East line to a point 378.00 feet South of said South margin; thence West to the East line of vacated Park Addition to Marysville; thence North along said East line .to the South margin of S.R. 528, also known as 64th Street N.E.; thence Westerly and Southwesterly along said margin to the West margin of 53rd Drive N.E.(Clayton Street as platted in the Park Addition,Volume 2 of Plats, Page 61,Records of Snohomish County,Washington); thence North along said West margin and its Northerly projection to the North line of the Northwest quarter of the Southwest quarter of said section; thence East along said North line to the Southwest corner of the Southeast quarter of the Northwest quarter of said section; thence North 390.00 feet,more or less,to the Southwest corner of Parkside Manor,as recorded in Volume 24 of Plats,Pages 110 and 111,Records of Snohomish County,Washington; thence Easterly along the South line of said plat to the East line of the Southeast quarter of the Northwest quarter of said section; thence South along the East line of said subdivision to the Southeast corner thereof; thence East along the North line of the Southeast quarter of Section 27 to the West margin of 67th Avenue N.E.; thence South along said West margin and its Southerly projection through the margin of 64th Street N.E.and continuing South along said West margin to the South line of the North 440.00 feet of the Southeast quarter of the Southeast quarter of Section 27; thence West along said South line 632.00 feet,more or less,to a point that bears North from the True Point of Beginning; thence South 350.00 feet,more or less,to the TRUE POINT OF BEGINNING. I L5-1500.332