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Home My WebLink AboutO-2189 - LID No. 69 (Special)CITY OF MARYSVILLE, WASHINGTON ~189ORDINAt"lCE NO._..J.lL-L..!..L..Jl..--_ At\!ORDINANCE ORDERING THE CONSTRUCTION At"lD INSTALLATION OF SEWER MAIN AND APPURTENANCES ALONG PARKSIDE DRIVE AND n ND STREET NE ALL IN ACCORDANCE WITH RESOLUTION NO. 1875 OF THE CITY COUNCIL; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 69 AND ORDERING THE CARRYlNG OUT OF THE PROPOSED IMPROVEMENT;PROVIDING THAT PAYMENT FOR THE IMPROVEMENT BE MADE 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 DISTRICTBONDS. WHEREAS, by Resolution No. 1875 adopted March 2, 1998, the City Council declared its intention to order the improvement of the construction and installation of sewer main and appurtenancesalong ParksideDrive and nod Street NE and fixed April 27, 1998,at 7:00p.m., local time, in the CouncilChambers of the City Hall as the time and place for hearing all matters relating to the proposed improvementand all comments thereon and objections thereto and for determining the method of payment for the improvement; and WHEREAS, Hammond,Collier &Wade-Livingstone Associates, Inc., consulting engineer to the City, 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 their 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, ORDINANCE - 1 ·...'.;. 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 the properties within the area described in Exhibit A,attached hereto and by this reference made a part hereof by the construction and installation of sewer main and appurtenances along Parkside Drive and nnd Street NE. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by Hammond,Collier &Wade-Livingstone Associates,Inc.consulting engineer to the City, 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. 69 of the City of Marysville,Washington (the "District"),the boundaries or territorial extent of the District being more particularly described in Exhibit B attached hereto and by this reference incorporated herein. Section 3.The total estimated cost and expense of the improvement is declared to be $210,000.The entire 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. 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 than the statutory method of assessing the properties. Section 5. No property,any portion of which is outside the District,may connect to those improvements constructed or made a part of such District unless either that property shall have been subject to the special assessments on the assessment roll for that District or the owners of that property shall have paid prior to such connection a charge in lieu of assessment which shall be at least the equivalent of those assessments which would have been applied to that property had it been included within that District. Section 6.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. 69,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 Officer, 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 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 ORDINANCE - 2 ·.\.";. proceeds 0 f 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 improvement district bonds that are expected to be issued for the improvement in a principal amount not exceeding $210,000. 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 armualinstallments, 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 marmeras the City Council hereafter shall determine. Section 7.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 8. The Local Improvement Fund for the District is created and established in the office of the City Finance Director. 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. ORDINANCE - 3 s000S911.02 Section9. 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 City Finance Director immediately shall 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,ata regular open public meeting thereof this 4th day ofMay, 1998. ATTEST: APPROVEDAS TO,fORM: FosterPep r &efelman PLLC SpecialCounseland Bond Counsel tothe City ORDINANCE - 4 5000~917 02 •~~........- I, MARY P.SWENSON,City Clerk of theCity of Marysville, Washington, certify that the attached copy of Ordinance No.is a true and correct copy of the original ordinance passed by the City Council on the 4th day of May, 1998, as that ordinance appears on the Minute Book of the City. DATED this __day ofMay, 1998. MARy P. SWENSON, City Clerk XlO~917 02 2 PROPOSED LID 3 BOUNDARY 2-043 2-050 2-021 2-026 2-075 72nd 5T NE 1 . 00 4953 5004 2 54 22 W 48 60 Z 0:: 0 3 i=w !Xl 47 02 Z ll') ~12 13 46-c 4 25 24 W 45i=Z ll')5 7 8 9 0::14 17 0::2803ll')0 260 i=6 10 15 16 i=29CO.1'27 448ll')ll') 701H 5T NE 43 30 31 32 33 34 35 36 37 38 39 40 41 429 PARKSIDE MANOR r ""OPOSED SEWER LID , ,,(j ,.,'.,-. Parkside Manor SanitarySewer LID Description ALL THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 27.TOWNSHIP 30 NORTH.RANGE 5 EAST.W.M.DESCRIBED AS FOLLOWS: LOTS 49 THROUGH 65 PARKSIDE MANOR ACCORDING TO THE PLAT THEREOF FOUND IN VOLUME 24OF PLATS.PAGES 110 AND 111 RECORDS OF SNOHOMISH COUNTY.WASHINGTON.. ALSO:COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER; THENCE NORTH 89°09'30"WEST ALONG THE SOUTH LINE THEREOF 196.32 FEET TO THE POINT OF BEGINNING; THENCE NORTH 05°39' 10"EAST 30.19 FEET; THENCE NORTH 89°09'30"WEST 415.75 FEET; THENCE SOUTH 13°36'00"EAST 30.98 FEET TO A POINT ON SAID SOUTH LINE 607.76 FEET WEST OF SAID SOUTHEAST CORNER; THENCE NORTH 89°09'30"WEST 87.81 FEET TO A POINT 695.57 FEET WEST OF SAID SOUTHEAST CORNER; THENCE SOUTH 13°36'00"EAST 100 FEET; THENCE NORTH 89°09'30"WEST PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST QUARTER TO THE CENTER OF ALLEN CREEK; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE SOUTHEASTERLY MARGIN OF GROVE STREET DEEDED TO SNOHOMISH COUNTY UNDER AUDITORS FILE NUMBER 2185736; THENCE NORTHEASTERLY ALONG SAID MARGIN TO THE SOUTH LINE OF SAID NORTHEAST QUARTER: THENCE SOUTH 89°09'30"EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF CITY OF MARYSVILLE SHORT PLAT NUMBER 89-115 SNOHOMISH COUNTY AUDITOR'S FILE NUMBER 8911220349; THENCE NORTH 13°36'00"WEST ALONG THE EASTERLY LINE THEREOF TO THE SOUTHEASTERLY MARGIN OF GROVE STREET; THENCE NORTHEASTERLY ALONG SAID MARGIN 100.37 FEET TO A POINT THAT BEARS NORTH 13°36'00" WEST DISTANT 317.48 FEET FROM A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER 907.76 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 13°36'00"EAST 154.23 FEET TO A POINT THAT BEARS NORTH 13°36'00"WEST DISTANT 163.25 FEET FROM A POINT ON SAID SOUTH LINE 907.76 FEET FROM SAID SOUTHEAST CORNER; THENCE NORTH 76°41'20"EAST 89.99 FEET: THENCE NORTH 13°36'00"WEST 0.98 FEET; THENCE NORTH 76°24'00"EAST 235.12 FEET; THENCE SOUTH 18°04'46"EAST 23.32 FEET; THENCE NORTH 72°00'00"EAST 106.91 FEET: THENCE SOUTH 05°39'10"EAST 253.73 FEET TO THE POINT OF BEGINNING. ALSO:ALL OF 58TH DRIVE N.E.NORTH OF ALLEN CREEK.72ND.STREET N.E .. AND PARKS/DE DRIVE ENCOMPASSED BY THE AFORE DESCRIBED PROPERTIES. Working\Survey\leglO220