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HomeMy WebLinkAboutO-2016 - LID No. 64 (Special)CITY OF MARYSVILLE,WASHINGTON ORDINANCE NO.dbl & AN.ORDINANCE ordering the improvement of a portion of 67th Avenue N.E.and 88th Street N.E.all in accordance with Resolution No.1711 of the City Council; establishing Local Improvement District No. 64 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 District,payable by the mode of "payment by bonds";and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds. WHEREAS,by Resolution No.1711 adopted November 14,1994,the City Council declared its intention to order the improvement of a portion of 67th Avenue N.E.and 88th Street N.E.,and fixed December 5,1994,at 7:00 p.m.,local time,in the Marysville Public Safety Center at 1635 Grove Street,Marysville,Washington, as the time and place for hearing all matters relating to the proposed improvement and all comments thereon and objections thereto and for determining the method of payment for the 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 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 0167745.01 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 reconstruction and improvement of 67th Avenue N.E.and 88th Street N.E.to consist of the following: •Widen 67th Avenue from Grove Street N.E.to 88th Street N.E.to four lanes with five lanes at the major intersections. •Widen 88th Street from 67th Avenue west to approximately Allen Creek to three lanes with four lanes at the intersection. •Installation of the curb,gutter and sidewalks on both sides of 88th Street and 67th Avenue. 0167745.01 -2- •construction of the storm sewer system along 88th street and 67;th Avenue as required. •Acquisition of the right-of-way along 88th street and 67th Avenue as necessary. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by Hammond,Collier &Wade- Livingstone Associates,Inc.,of Seattle,Washington,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. 64 of the City of Marysville,Washington (the "District"),the boundaries or 'territorial extent of the District being 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 $1,308,750.Approximately $1,191,100 of the cost and expense shall be borne by and assessed against the property specially benefited by such improvement included in the District which embraces as nearly as practicable all property specially benefited by such improvement and the balance of such cost and expense (approximately $117,650)shall be paid by the City as the cost of a fifth lane. 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 more fairly reflect the special benefits to the properties being assessed. 0167745.01 -3- section 5.Local improvement district warrants may be issued in payment of the cost and expense of the improvement herein ordered to be assessed,such warrants to be paid out of the Local Improvement Fund,District No.64,hereinafter created 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.II In the alternative,the City hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to chapter 39.50 RCW. If the City shall authorize expenditures to be made for such improvement (other than for any cost or expense expected to be borne by the City)prior to the date that any short-term obligations or local improvement district bonds are issued to finance the improvement,from proceeds of interfund loans or other funds that are not,and are not reasonably expected to be, reserved,allocated on a long-term basis or otherwise set aside to pay the cost of the improvement herein ordered to be assessed against the property specially benefited thereby,the City declares its official intent that those expenditures,to the extent not reimbursed with prepaid special benefit assessments,are to be reimbursed from proceeds of short-term obligations or local 0167745.01 -4- improvement district bonds that are expected to be issued for the improvement in a principal amount not exceeding $1,191,100. 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 hereafter fixed by ordinance. 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 on the assessment roll for the District.The bonds shall be paid and 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 hereafter fixed 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 such bonds hereafter shall be fixed by ordinance of the City council.Such bonds shall be sold in such manner as the city council hereafter shall determine. section 6.In all cases where the work necessary to be done in connection with the making of such 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 such work will be made in cash warrants drawn upon the Local Improvement Fund. section 7.The Local Improvement Fund for the District is created and established in the office of the city Finance Director. 0167745.01 -5- 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 the collections of special assessments,interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvement and cash warrants in payment for all other items of expense in connection with the improvement shall be issued against the Local Improvement Fund. section 8.within 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 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 Finance Director immediately shall post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvement. Section 9.Effective Date.This ordinance shall take effect from and after its passage and five days following its pUblication as required by law. PASSED by the city Council and APPROVED by the Mayor of the 0167745.01 -6- City of Marysville, thereof,this d]eM Washington,at a regular open pUblic meeting day of February,19950./7I ~/ -=-lI_f1&JA£/--'"--:-::=td-"--«t1t-,-",,,~__ Mayor APPROVED AS TO FORM: city Attorney 0167745.01 -7- EXHIBIT A EXHIBII'-,,- LLO.NO.~\.EGAI.DESCRlP~ RO"DWAY lMP1l0~S 67lH "VENUE NORtHEAST AU THAT POlmON Of THE Wi HAU'Of iHESoutHV-SI QUARTER AND THE EAST HAl.f Of THE NORTJo!!AST QUIdTfR Of SEcTION 22 ANtI1HE WfST HALF Of SECTION 23.AU 11'01 TOWNSHll'30 NORTH. RANGE 5 EI\ST.W.M.MaRl:PARt1C\JVIRLT DBCRJBeD AS fOLLOWS:. COMMENCING AT A CONCRETE MONUM&IT AT M CENtER Of SECTION 23; '!HENCE NORTH OO"'QO"~T"EAST .-..LONG THE CENTER LIp.lE OF SECTION 163.31 FEET TO THE SOUTW UNE OF GEfCHEU.HILl ROAD: THENCE SOUTH S8"326 WEST'AlONG SAlO ~725.42 FEET TO A P01Nf ONE FOOT EAST OF A OWN UNlC FENCE ANDlllE'lRlJE POINt OF BEGINNING: THENCE SOUTH 11"28"llr EASr 12337 FEEl: TH!NCESOUTH 18'Ol1'4"'WEST 127.89R:EI': THENCESOlJTH 1D"A$I2'"WEST 326.41 FET: THENCE SOUTI1 C2"39 %I WEST 114.14 FEEl: T~E SOUTH 24°53'05"WEST 160.51 FEET: THENCEsOUTH 15""'''47"EASl'124.85 fEET; THENCE SOUTH D3"$C"11i WEST 83M FEB: THENCE SOUTH 3'8.16 feet TO1lif NORlH L1HE OF THE SOUTHf.toST QU~Of THE SOUTHWEST QUARTeR Of SECTION 23:.. THEMC£S0tm187"26'OT"WEST ALONG SAID NORTH UNf to THe NOft'Iloll:AST CORNER OF ThE WEST 4SO fEET THEREOF: 'THENCE SOUTH TOTHE SOUTHeAST COltNEIl Of S/l.1D WEST .t.5O FEEl: THENCe WEST "LONG THf SOUTH LINE OFSAID SOUTHWEST QUARTER TO A POINT 1000FEET WT oF THE SClUniW£ST CORNER THEREOF; THeNCE NORTHWESTEIn.Y TO A POI1'IT 570 FEET &.ST Of THE E.4ST UNE OJOlHfMARYSVIU£.ARlINGTON ROAD NS MEASURa:>PARAua WITH SAU>SOUTH LINE AND 330 f&T NORTH OF SAID SOUI1'I LINE AS ~P"RI\U.B.WITH SAID I!A$l LIPE;• THENCE WEST PARALLEL TO SAID SOUTH UNE $1ll ffET TO SAil)E'-ST UN£: 1IelCESOUTH ALONG SAID Wi UNETO nlE SOUTH uN:OFSECTION 23: lHeNC!WSf ALONG M SOUTH UNfOF SEOION 23 AND 22 TO AN INTEllSECTlON wnH THESO\JTHERLY EXTENSlON OF 1l1E fAST LINE 01'COMMUNITY PARr:IN CSDARCR£$f MANOR ACCORDING 10THE PLAT THERroF'FOUND INYOLUME 16 OF PLAn."Aar;30 If~OROS Of SN()t1()M$I COUNTY.WAStfINGTON: 'lHENC:f NOJmolTO THE NORtHEAsT CORNER Of SAIO PARE: THB<:E WES1'TOTHE SOLmlWES!CORNS!OF lOT 50 OF S'-ID I'U-T: TH90ICE NORTH TO tHE SOUTHW!ST COIlNBl OF LOT 1 CITY Of MAIlTSVIUE SMORT PLAT 8MlO' ACCORDINGTO THeStlORT Pl,A11llBlEOf 'OUND UNDER SNO!tOMlSH COUNTY AUOlTOIIS RECEIVING NO.86IC01Q25P;, tHENCE ~'10 THE SOUTHEASt CORNER 'IHEIfEOF: THENCE NORtH TOTHE NOltTHWT CORNfIf lHBEOf ANDll1E SOUTH MARc;IN OF 77TH PLACE N.f~ Ttlac!:EAST AlONG SAIb SOUTH IwWlGIN TO THE WEST MARG'"OF 67TH AVENUE N.E.AS 5TABU$1iED aT CEDAIlCRe5'f M.\NOR: THENCE NOJmI lOTHE NORTHEAST CORNet OF LOT 1 OF SAlt)PLAT: THENCE WEST TO THE NORTHWEST CORNER OF CEOIUtClI:aT ~ 'I1'1&ICE NORTH AlONG ~WSf LINE OF '!HE EI'\ST HALF Of THe SOUTHEAST AND NORTHEASf QUARTERS OF secnoPol22 TOTHE NOllTH MARGIN OFlI81H $TREEr N.£.: 'THENCf EAST A~ONG SAil)MA.RGt>lTO THf:SOUTHWeSt CORNER OF CITY Of MARYSVIUf St<ORT PLAT 91. 07 II.CCORO\NG TOlHE Stt02T PLAT FOU!'lD U1'iPEll SNOtiOh'\ISH COUNTY AUPI'I'ORS ltecEMNG NUMBfIl 92D611lO77O; lHENCf 1oI0ltTH TO THE NORTl1'lYt'Sl'CORNER ll-lEltEOF; THENCE EAST TO TH'f NORTHWTCORNER'lHmEOF; THENCE SOUTH lI9"A4'lr E.t.Sl'ALONG THE SOIJTl'l UNfO Of ...Xl FOOT INGlIESS.EGRESS ANO UTlUlT,' &.S~ACCOllOING TO SNOI'IOM1SH COUNTY SHORT PLAT 20S 17~l FOUNt>UN081 SNOHOMISH COU"lTY AUClI'QItSIECEMNG NUMiE/i!~NQ lIS ~LT EXIt:NS1ON TO THE EAST llMRGlN OF 61TH AVENUE N.E.ANO THEWST LtNf OF fMEl/ALC ESTATES ACCORDING to THE I'l.AT TH~REOF FOU/OlD IN VOWME30 OFPlATS.PAGE 70 RECOIa)S Of SNOHOMlS!ol COUNn'.WASHINGTON: TMENCESOUTH TOTHE SOUTHWEST CORNat THEREOf; TtreNc:E EAST ALONG THE SOUTH UNE niEREOF £XrerolOfD TO A /"OIKI'ON THE W!ST Ulo/E OF Tt1fEAST Jj7 FEET 01'Ttl SOLmiEASl'QlJARTEll OF THE NORTHWESt QUARtER; THeoICf SOUTHPiLT AlONG SAID west UNE TO A POINT Of \IolICRSECllON WIl1'l TttE NORTH LINE Of THE SOUTH 1/2 OF THE SOUTHW'!QlJARTEIt,O~THE NORTHWEST QUII.RTSl OF $...10 SECTION 23; THENcE W£STStL T ALONGSAID 1'l0000H UNE TOTHCSOUTHEASt CORNS OFTHE PLAT OF CLoVEROAlE DMSION 1'10.I; THENCE NOtTH BlrlTOT WEST,A DISTANCE OF ~FEET ALONG A Lfl\I!:DESCRIBED IN 6OUNOART tINE AGR~RE:CORDEO UNcEJi!:MJOITORS fI1,J;NO.91D617D422 RECORDS OF SNOHOM1SIi COU!'lTT. ~~~~, lHENCE SOllTH C2"11 '3G'WEST li31.ll2 FEEt TO ...I'OlNT 20 FEET SOlmi OF ~CENfE1(UNE OF GETCH'"dl MIlLROAl): THEfoIeE SOUTH 87"48'24"EAST ,.LONG SAID ROAD 10 THE POINT OF BEGINNING. ALSO lIEGINNING ATTHf EAST LINE OF THI:MAAnVl1.LEfARLINGTON ROAD AN;)THE SOUTH \.IN!OF TH: S01J\'H'fi!$T QUARteR OF sECllON 23: TJi£NC£NOIrni AlONG SAIO EAST UNE 330 FEEl: '!HENCE ~PAlt'-lW,WITH THUOUTH LNETHEREOf 290 ffEl': THENCE SOU'lH PIJWl.l!L WlI'H T~WEST LINE THE/lEOF 160 $: Tl9leEWEST PMWlfL WlTHTHESOllTH LtNE1HEREOF 3Cl'iET; '!WENCI;SOLITH I"AR-'Ufl.WITH '!WE WEST Uf'IE1HSliQF 110 FEEl'; THENCE WIST 2Ql FEET TO THE TRUE POfl\IT OF BEGINNING. liXeS'TTHE EMf 80 l'!a OF1HfSOU1l'll~FEETTHfREOF. liXCUf #oXY POJ/TION OF 76TH S1'RECT l'I.E_ALSO ICNOWI'l AS GROve STREff OR THE ARUNG10N- MARTSVlLLE RO<\O ADJOININGTHf SOUfH LINE OF SECtION %2. AlSO EXCEPT "'NY PORTION Of THESOUTH 20 fEET Of 7&tJoi STREET 010_AS GltOVESTREET DSPICATED ,IN MUNSON CTtB £SlAliS OR MUNSON CltEf1(ClVISlO!'lS v AND VI ADJOININGTHE SOUTH UNEOf SECTION 23.