HomeMy WebLinkAboutO-1694 - Sewerage system; creates utility LID No. 14 (Special),
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CITY OF MARYSVILLE,WASHINGTON
ORDINANCE NO.~w9'1
AN ORDINANCE relating to the waterworks utility
of the City,including the system of sewerage as a
part thereof;ordering the carrying out of a portion
of the system or plan of additions to and betterments
and extensions of such waterworks utility adopted by
Ordinance No.937;and creating Utility Local
Improvement District No.14.
WHEREAS,the City of MARYSVILLE,Washington (the "City"),
by Ordinance No.385 passed September,1985,combined the sew-
erage system of the City and all additions and improvements
thereto with the waterworks utility of the City,and the sewer-
age 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"hereinafter shall 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,by Resolution No.1350 adopted April 3,1989,the
City Council declared its intention to initiate the formation of
a utility local improvement district to be known and designated
as Utility Local Improvement District No. 14 of the City for the
construction and installation of that portion of the system or
plan of additions and Betterments to and extensions of the
waterworks utility adopted by Ordinance No.937,to serve the
area described in Exhibit A attached hereto and by this ref-
erence made a part hereof,and fixed May 1,1989,at 7:30 p.m.,
local time,in the Council Chambers in the City Library,
Marysville,Washington as the time and place for hearing all
matters relating to the improvement applicable to Utility Local
Improvement District No.14 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 cost and expense of the proposed improvement appli-
cable to Utility Local Improvement District No.14 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 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
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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 utility 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 orders the carrying out of the portion
of the system or plan of additions to and betterments and exten-
sions of the waterworks utility of the City adopted by Ordinance
No. 937 applicable to the property described in Exhibit A
attached hereto consisting of the construction and installation
of an 8-inch and 10-inch sanitary sewer main and appurtenances
along Smokey Point Boulevard (35th Avenue N.E.)from 174th Place
N.E.north to 180th Street N.E.and along 178th Place N.E.from
Smokey Point Boulevard easterly for approximately 300 feet (the
"Plan of Additions").The estimated cost of the acquisition,
construction and installation of the Plan of Additions is
declared to be,as nearly as may be,the amount of $104,000,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 $104,000.Such
water and sewer revenue bonds shall be supported by assessments
to be levied and assessed against properties specially benefited
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by the improvements to be included in Utility Local Improvement
District No. 14 created herein.
Section 2.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 desig-
nation as the City Council hereafter shall determine;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 or shall be term
bonds;shall have such option of paying 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 hereafter shall be
provided by ordinance.The bonds shall be sold in such manner
as the City Council 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 assess-
ments levied in Utility Local Improvement District No. 14 herein
created to support the payment of the bonds herein authorized to
be issued and any parity bonds hereafter issued.
Section 3.In the jUdgment of the City Council,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 herein provided,at the rates to be charged for
water and sanitary sewage disposal service furnished,will be
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more ~han 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
of the City,in addition to the special assessments to be levied
and collected in Utility Local Improvement District No. 14
herein created to support the payment of the bonds herein
authorized to be issued,of sufficient amounts to pay the prin-
cipal of and interest on those bonds.
Section 4.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 herein authorized to be issued and which fund shall be
used for the purpose of paying the cost of carrying out the Plan
of Additions 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 manner provided by law.Pending
the sale of the bonds herein authorized to be issued,the City
may issue interest-bearing warrants drawn on the Utility Con-
struction Fund to pay dUly approved costs incurred in carrying
out shc improvements,those 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 the
sale of the bonds herein authorized to be issued and from any
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other money available to the City in cash to finance the
improvements.In the alternative,the City hereafter may pro-
vide by ordinance for the issuance of other short-term obliga-
tions pursuant to Chapter 39.50 RCW.
Section 5.To carry out the Plan of Additions and Better-
ments there is created and established Utility Local Improvement
District No. 14 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.
Section 6.The entire cost and expense of the Plan of
Additions and Betterments shall be borne by and assessed against
the property specially benefited by such improvement included in
the District embracing as nearly as practicable all property
specially benefited by such improvement.The assessments in the
District shall be for the sole purpose of payment into the Water
and Sewer Revenue Refunding Bond 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 the Plan of Additions and Betterments.
Section 7.In accordance with the provisions of RCW
35.44.047,the City may use any method or combination of methods
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to compute assessments which may be deemed to fairly reflect the
special benefits to the properties being assessed.
Section 8.Within fifteen (15)days of the passage of this
ordinance there shall be filed with the 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 will be spe-
cially benefited thereby and the estimated cost and expense of
such improvement to be borne by each lot,tract or parcel of
land.The 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 22nd day of May,1989.
ATTEST:
~e~
APPROVED AS TO FORM:
City Attl?r'i1eY
1840m
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EXHIBIT "A"
LEGAL DESCRIPTION
SANITARY SEWER EXTENSION
North of Smokey Point Boulevard
Beginning at the northwest corner of the southwest quarter of
Section 21,Township 31 North,Range 5 East,Willamette Meridian;
Thence S 88°54'22"E 660 feet to the northwest corner of Lot 31,
Plat of Totem Park,Division No.4,located in Section 21,.
Township 31 North,Range 5 East,Willamette Meridian;as recorded
in Volume 43 of Plats,page 129,Records of Snohomish County,
Washington;
Thence S 00°07'09"W 331.76 feet to the southwest corner of Lot 34
of said Plat of Totem Park,Division No.4;
Thence N 88°52'47"W 42.70 feet to the northwest corner of Lot 36
of said Plat of Totem Park,Division No.4;
Thence S 00°17'42"W 332.00 feet to the southwest corner of Lot 37
of said Plat of Totem Park,Division No.4;
Thence S 87°59'34",W 267.58 feet to the northwest corner of Lot
27,Plat of Totem ~ark,located in Section 21,Township 31 North,
Range 5 East,Willamette Meridian,as recorded in Volume 26 of
Plats,page 55,Records of Snohomish County,Washington;
Thence S 03°02'02"E 247.04 feet;
Thence S 87°59'34"W 203.00 feet;
Thence S 03°02'02"E 349.78 feet;
Thence N 88°02'49"E 249.00 feet to the northwest corner of Lot
33,Plat of English Station East,located in Section 21 Township
31 North,Range 5 East,Willamette Meridian,as recorded in Volume
31 of Plats,page 22,Records of Snohomish County,Washington;
Legal Description
Sanitary Sewer Extension
North of Smokey Point Boulevard
Page 2
Thence S 00°15'00"E 182.0 feet to the Southwest corner of Lot 33
of said Plat of English Station East;
Thence N 89°09'43"W 369.99 feet;
Thence S 00015'OO"E 181.5 feet to a point 30 feet East of the
West line of said Section 21,Township 31 North,Range 5 East;
Thence N 89°56'30"W910 feet;
Thence N 00°19'00"W 297.5 feet to a point on the south line of
Lot 17,Plat of Pony Estates,located in Section 20,Township 31
North,Range 5 East,Willamette Meridian,as recorded in Volume 28
of Plats,page 42,Records of Snohomish County,Washington;
Thence S 89°56'30"E 838.7 feet to the southeast corner of Lot 7
of said Plat of Pony Estates;
Thence N 00°21'04" W 605.5 feet to the northeast corner of Lot 73
of said Plat of Pony Estates;
Thence S 88°03'11"W 373.89 feet to the southeast corner of Lot 67
of said Plat of Pony Estates;
Thence N 00°21'04" W 601.75 feet along the e.ast line of said Plat
of Pony Estates to a point on the East line of Lot 61;
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Thence N 87°28'54"E 235.29 feet;..
Thence NOo02l'00" W 138.0 feet to a point on the north line of
the southeast quarter of Section 20,Township 31 North,Range 5
East,Willamette Meridian;
Thence N 87°28'54"E 178.83 feet to the Point of Beginning,said
point being the northeast corner of the southeast quarter of
Section 20,Township 31 North,Range 5 East,Willamette Meridian.
12/6/88