The Arlington Times / The Marysville Globe
March 1, 2014
7
Transportation Benefit District Board reviews potential projects BY KIRK BOXLEITNER kboxleitner@marysvilleglobe.com
MARYSVILLE — The city of Marysville’s Transportation Benefit District Board met on Monday, Feb. 24, to review a num-
ber of potential projects. If voters approve an 0.02 percent sales tax increase on the April 22 special election ballot, the TBD would be able to generate an estimated $1.6 million per
year, over the course of 10 years, to be divided between pavement preservation and capital improvement transportation projects of the Board’s preference. Assistant City Engineer John
Cowling noted that this TBD tax rate is comparable to that of many other jurisdictions throughout Washington state in 2011 and 2012. He further estimated that pavement preservation alone for
Marysville would probably cost $800,000 per year for 10 years, even as he warned against budgeting to spend every penny, given that costs of construction increase over time.
LEGAL NOTICES CALL FOR BIDS
Comeford Park Spray Park
Notice is hereby given that sealed bids will be received by the City Clerk at Marysville City Hall, 1049 State Avenue, Marysville, WA 98270 until 10:00 a.m., local time, on Thursday, March 6, 2014 at which time and place they will be publicly opened and read aloud. The City will not consider proposals received after this time. Bidders shall submit original bid in a sealed envelope labeled with the bidder’s name and “Bid for the Comeford Park Spray Park Project.” The work of this contract involves the construction a new spray park facility at the City’s Comeford Park. The project is estimated to cost approximately $200,000.00. Please address any comments and questions you may have to, Jeff Laycock, PE; Project Manager at (360) 363-8274. Plans, specifications, addenda and plan holders list for this project are available online through Builder’s Exchange of Washington, Inc., at http://www.bxwa.com; 2607 Wetmore Avenue, Everett, WA 98201-2929, (425) 258-1303, Fax (425) 259-3832. Click on “bxwa.com”; “Posted Projects”, “Public Works”, “City of Marysville”, and “Project Bid Date”. (Note: Bidders are encouraged to “Register as a Bidder”, in order to receive automatic email notification of future addenda and to be placed on the “Bidders List” This service is provided free of charge to Prime Bidders, Subcontractors, & Vendors bidding this project. Contact Builders Exchange of Washington at 425258-1303 should you require further assistance.) Plans, specifications, addenda and plan holders list may also be obtained directly through the City by contacting, Jeff Laycock, PE; Project Manager at (360) 3638274. Each bid must be accompanied by a certified check, cashier’s check or bid bond (with an authorized surety company as surety) made payable to the City of Marysville in an amount not less than five percent (5%) of the bid amount. The City of Marysville reserves the right to reject any and all bids and to waive irregularities in the bid or in the bidding. No bidder may withdraw their bid after the hour set for the opening thereof or before award of contract, unless said award is delayed for a period of sixty (60) days. April O’Brien, Deputy City Clerk, City of Marysville Published: March 1, 2014 #991950
NOTICE OF MEDIATION
Hearing for defendant Garrett Cobb aka Phresh Coat Painting to appear at Snohomish County Courthouse, 3100 Rockefeller S., Everett, District Court Dept. 3, 8:30am, March 26, 2014 in plaintiff Karen Foley Published: March 1, 2014 #992556
NOTICE OF COLLECTION OF ASSESSMENTS
City of Marysville, Washington Local Improvement District No. 71 NOTICE IS GIVEN that the final assessment roll for Local Improvement District No. 71 created by Ordinance No. 2827 (except for parcel nos. 31052700300700, 31052700300200, 31052700300400, 31052700400300, 31052700100300, 31052700300900, 31052700300500, 31052700300800 as described in Ordinance No. 2954) is in the hands of the City Finance Director for collection. All or any portion of any assessment on that roll may be paid within 30 days of the date of the first publication of this Notice without penalty, interest, or costs. This Notice was first published on March 1, 2014, and the last day for payment without penalty, interest or costs is March 31, 2014. After March 31, 2014, any owner may pay the entire assessment remaining unpaid with interest to the date of the installment next falling due. Any assessment or any portion of an assessment remaining unpaid after March 31, 2014, may be paid in 20 equal installments of principal and interest. The rate at which interest shall accrue is estimated to be 6.0% per annum, and shall be adjusted and fixed in the ordinance authorizing the issuance and sale of the bonds for Local Improvement District No. 71. The first installment of principal and interest will become due and payable on March 31, 2015, and each year thereafter one of those installments will become due and payable as provided by law. Installments not paid when due shall bear a penalty at the rate set by City ordinance, plus any accruing interest until payment is made. Published: March 1, 2014 #995262
CITY OF MARYSVILLE NOTICE OF ADOPTION OF ORDINANCE
PLEASE TAKE NOTICE that the Ordinance described below has been enacted by the Mayor and City Council of the City of Marysville. The full text of said Ordinance is available, for a charge, upon written request directed to the City Clerk, Marysville City Hall, 1049 State Avenue, Marysville, Washington 98270. Ordinance Number: 2954 Date of Enactment: February 24, 2014 Date Published in The Globe: March 1, 2014 Effective Date: March 6, 2014 AN ORDINANCE of the City of Marysville, Washington, relating to Local Improvement District No. 71; approving and confirming certain assessments and a portion of the assessment roll of Local Improvement District No. 71 to provide for the construction of an Interstate 5 overpass at 156th Street NE, as provided by Ordinance No. 2827; and levying and
assessing a part of the cost and expense thereof against several lots, tracts, parcels of land and other property shown on the roll. THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DOES ORDAIN as follows: Section 1. Findings and Determinations. The City Council of the City of Marysville, Washington (the “City”) makes the following findings and determinations. (a) The assessment roll levying the special assessments against the property located in Local Improvement District No. 71 (“LID 71”) in the City has been filed with the City Clerk as provided by law. (b) On December 9, 2013, the City Council approved the professional services agreement appointing Mr. Wayne Tanaka with Ogden Murphy Wallace, PLCC, as LID Hearing Examiner pursuant to RCW 35.44.070 and Marysville City Code 3.60.220 to conduct the hearing on the final assessment roll for LID 71. (c) By Resolution No. 2352, the City Council fixed the time and place for the hearing on the final assessment roll for January 9, 2014, at 6 p.m., local time, in the Council Chambers in the City Hall, Marysville, Washington, and directed that notice by both mailing and publication should be given as required by law. (d) Notice of the time and place of hearing on the final assessment roll and making objections and protests to thereon was duly published at and for the time and in the manner provided by law and the Engineering Services Manager of the City caused further notice thereof to be mailed to each property owner shown on the roll. (e) At the time and place fixed and designated in the notice, the hearing was held before the LID Hearing Examiner, all written protests received were considered and all persons appearing at the hearing who wished to be heard were heard, for the purpose of considering the roll and the special benefits to be received by each lot, parcel and tract of land shown upon such roll, including the increase and enhancement of the fair market value of each such parcel of land by reason of the improvement, determined to modify certain of the assessments appearing on such roll and overruled all other protests. (f) On February 3, 2014, the Hearing Examiner delivered to the City a detailed report for the LID consisting of “Findings and Conclusions and Recommendations of Hearing Examiner Regarding LID 71 City of Marysville, Washington” to the City Council (the “Hearing Examiner’s Report”), a true and complete copy of which is attached and made a part hereof marked Exhibit A. (g) Within five days of receiving the Hearing Examiner’s Report, the City Clerk mailed notice that the report had been filed to all persons who filed a request for special notice of the report or written protest at or prior to the public hearing on the assessment roll. (h) Property owners of parcel nos. 31052700300700, 31052700300200, 31052700300400,
31052700400300, 31052700100300, 31052700300900, 31052700300500, 31052700300800 (the “Appellant Properties”) have appealed the assessments against the Appellant Properties as set forth in the Hearing Examiner’s Report and those assessments against the Appellant Properties cannot be confirmed until the City Council rules on the appeals. (i) All properties are unique and the special benefits received by one property are not materially related to the special benefits received by another property. The hearing on the final assessments includes hearings on individual properties. Approving and confirming the assessments against properties with LID 71 that have not been appealed to the City Council will not affect the City Council’s review of assessments against the Appellant Properties. Section 2. Approval of Hearing Examiner’s Findings, Conclusions and Recommendations. The City Council hereby accepts and adopts the Hearing Examiner’s Report as set forth in Exhibit A except for those findings and recommendations influencing the proposed assessments against the Appellant Property, including but not limited to, Section II.B.8 and Section III.B.4. Section 3. Confirmation of Assessment. As recommended in the Hearing Examiner’s Report, each of the lots, tracts, parcels of land and other property shown upon the assessment roll (except for the Appellant Properties) is determined and declared by the City Council, sitting and acting as a Board of Equalization, to be specially benefited by this improvement in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing upon the roll. There is hereby levied, confirmed and assessed against each lot, tract, parcel of land and other property appearing upon the Final Assessment Roll (defined below) (except for the Appellant Properties) the amount finally charged against the same thereon. The assessments and assessment roll of LID 71 (except for the assessments against the Appellant Properties) attached hereto as Exhibit B and incorporated herein by reference (the “Final Assessment Roll), to provide for the construction of an Interstate 5 overpass at 156th Street NE, as provided by Ordinance No. 2827, are hereby approved and confirmed in the total amount of $8,093,213. Section 4. Filing of the Final Assessment Roll for Collection. The assessment roll approved and confirmed (except assessments against the Appellant Properties) shall be filed with the Finance Director of the City (the “Finance Director”) for collection and the Finance Director is authorized and directed to publish notice as required by law stating that the roll is in her hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at any time within thirty days from the date of first publication of
such notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in 20 equal annual installments of principal and interest. The estimated interest rate is stated to be 6.0% per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement bonds for LID 71. The first installment of assessments on the assessment roll shall become due and payable during the thirty-day period succeeding the date one year after the date of first publication by the Finance Director of notice that the assessment roll is in her hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessment remains unpaid after the first thirty-day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments of principal and interest shall be collected. Any installment not paid prior to the expiration of the thirty-day period during which such installment is due and payable shall thereupon become delinquent. In accordance with Marysville City Code 3.60.115, each delinquent installment shall be subject, at the time of delinquency, to a charge of 8% penalty levied on both principal and interest due upon that installment, and all delinquent installments also shall be charged interest at the rate as determined above. The collection of such delinquent installments, including any accelerated obligation to pays the entire amount of remaining assessment installments, will be enforced in the manner provided by law. Section 5. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, after all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 6. Effective Date of Ordinance. This ordinance shall take effect and be in force 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 City of Marysville, Washington, at a regular open public meeting thereof, this 24th day of February, 2014. Published: March 1, 2014 #994955
NOTICE OF PUBLIC HEARING
Notice is hereby given that an open record public hearing will be held before the Hearing Examiner, for the following APPEALS of Permanent Enforcement Orders issued by the Marysville Code Enforcement Officer: Date of Hearing(s): Thursday, March 27, 2014 7:00PM Location: City Hall - Council Meeting Room 2nd Floor 1049 State Avenue Marysville, WA 98270 --------------------------------------------File Number: CE13-000093 Property Owner: John & Jane Mack Location: 4904 61st Street NE APNs: 30052800400600 & 30053300100200 Violation: Storage of truck tractors, semi trailers, commercial vehicles, commercial equipment and similar types of equipment and/or materials on a property zoned R-6.5. Pursuant to MMC 6.24.050(7), (27) & (28) storage of these types of equipment and materials is a public nuisance. Pursuant to MMC 22C.010.060 Permitted Uses, storage of these types of equipment and materials is NOT permitted in the R-6.5 zone. Appellant:John Mack --------------------------------------------File Number: CE13-000312 Property Owner: Greg Stewart Location: 15324 Smokey Point Boulevard APN: 31053200100400 Violation: Occupying an existing commercial structure for residential purposes in a General Commercial (GC) zone. Pursuant to MMC 22C.020.060 Permitted Uses, single-family is NOT permitted in the the GC zone. Appellant:John Mack --------------------------------------------Staff Contact: Paul Rochon, Code Enforcement Officer 360.363.8208 prochon@marysvillwa.gov Any person may appear at the hearing and be heard in support of, or in opposition of the proposed action. Additional information may be obtained at the City of Marysville Community Development Department located at 80 Columbia Avenue, Marysville, Washington 98270. Special Accommodations: The City of Marysville strives to provide accessible meetings for people with disabilities. Please contact the ADA Coordinator at (360) 363-8084 or 1-800-833-6399 (TDD Only) or 1-800-833-6384 (Voice Relay) two days prior to the meeting date if any special accommodations are needed. THIS NOTICE IS NOT TO BE REMOVED, CONCEALED OR MUTILATED BEFORE DATE OF HEARING Published: March 1, 2014 #994343