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603_00001ORDINANCE NO.603 AN ORDINANCE ORDËRING THE IMPROVEMENT OP THE ALLEY PARALLELAND NORTHWEST OF BROADWAY AVE- NUE FROM ALDER STREET TO ASH STREET BY GRADING, GRAVELING,CONSTRUCTING AND INSTALLING STORM DRAINAGE,CURBS,SIDEWALKSAND ASPHALTIC CONCRETE PAVEMENT,ALL IN ACCORDANCE WITH RESOLUTION NO.497 OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON;ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO.24;i PROVIDING THAT PAYMENT FOR SAID IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON PROPERTY IN SAID DISTRICT PAYABLEBY THE MODE OF "PAYMENT BY BONDS OR NOTE;AND PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVE- MENT DISTRICT WARRANTS REDEEMABLE IN CASH AND LOCAL IMPROVEMENT DISTRICT BONDS OR NOTE WHEREAS,by Resolution No.497 adopted September 23,1969,the City Council of the City of Moses Lake declared its intention to improve the alley parallel to and Northwest of Broadway Avenue from Alder Street to Ash Street by grading, graveling,constructing and installing storm drainage,curbs,sidewalks and asphalt concrete pavement and to create a local improvement district to assess the cost and expense of said improvements against the properties in such district specially benefited thereby,and notified all persons who may desire to object to said improvements to appear and present their objections at a meeting of the City Council to be held on the 13th day of October,1969 at 8 ao clock Pn ain the Council Chambers in the City Hall in the City of Moses Lake, WHEREAS,K.Patrick Nevins,Public Works Director of the City of Moses Lake, has caused an estimate to be made of the costs and expenses of the proposed im- provement and has certified said estimate to the City Council,together with all papers and information in his possession touching the proposed improvement,a description of the boundaries of the District,a statement of what portion of the cost and expense of the improvement skpuld be borne by the property within the proposed district,and a statement in detail of the local improvement assessments outstanding or unpaid against the property in the pro2posed district,and a statement of the aggregate actual valuation of the real estate,including 25%of the actual valuation of the improvements in the proposed district,according to the valuation last placed upon it for the purpose of general taxation;and WHEREAS,said estimate is accompanied by a diagram of the proposed improvement I showing thereon the lots,tracts,parcels of land,and other property which will be specially benefited by the proposed improvement,and the estimated amount of the cost and expense thereof to be borne by each lot,tract,and parcel of land or other property;and WHEREAS,due notice of the hearing upon said Resolution No.497 was given in the manner provided by law and said hearing was held by the City Council on October 13,1969,and all written protests filed with the City Council on or before said date were duly considered and all persons appearing at said hearing were heard; and Ordinance No.603:2 WHEREAS,the City Council has determined it to be in the best interests of the City that the said improvements,as hereinafter described,be carried out and that a local improvement district be created in connection herewith,NOW,THEREFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON,DO ORDAIN i AS FOLLOWS: Section 1.It is hereby ordered that the alley parallel to and Northwest of Broadway Avenue from Alder Street to Ash Street be improved by grading,graveling, constructing and installing storm drainage,curbs,sidewalks and asphaltic concrete pavement,all in accordance with the plans and specifications therefor prepared by the Public Works Director. Section 2.There is hereby created and established a local improvement district to be called "Local Improvement District No.24 of the City of Moses Lake, Washington,"which District is described as follows and contain,s the following areas: Lots 1 through 12,Block G and Lots I through 12 ,Block F Plat of Neppel.Vacated street between Block F and G,Plat of Neppel,all in the City of Moses Lake. Section 3.The total estimated cost and expense of said improvement is hereby declared to be Twenty Six Thousand Six Hundred Seventy two ($26,672.00) and 00/100 Dollars. I Section 4.The total cost and expense shall be borne by and assessed against the property specially benefited by the improvement to be included in the local improvement district herein established. Section 5.The nature of the improvement provided for herein is such that the special benefits conferred upon the property in the local improvement district herein created are fairly reflected by the use of front footage method of assessment therefor and it is hereby provided and ordered that the assessments shall be made against the property of the District in accordance with the front footage method provided by statute. Section 6.Local Improvement District warrants shall be issued in payment of that portion of the cost and expense of the improvement herein ordered to be assessed,such warrants to be payable out of the "Local Improvement Fund, District No.24"hereinafter created,to bear interest from the date thereof at airatetobehereafterfixedbyordinancenottoexceed8%per annum and to be redeemed in cash,and/or by local improvement district bonds or note therein authorized to be issued,said interest-bearing warrants to be hereafter referred to as "revenue warrants."Such bonds or note shall bear interest at a rate to be hereafter fixed by ordinance not exceeding 8%per annum,shall be payable on or before twelve (12)years from the date of issuance,the life of the improve- ment ordered being not less than twelve years,and shall be issued in exchange for and in redemption of any and all revenue warrants issued hereunder and not redeemed in cash within a period not to exceed 60 days after the first publication CYdinance No.603:3 by the City Treasurer of notice that the assessment roll for Local Improvement District No.24 is in her hands for collection.The bonds or note shall be re- deemed by the collection of special assessment s to be levied and assessed upon the property within said District,payable in ten (101equal annual in- stallments,with interest at a rate to be hereafter fixed by ordinance not i exceeding 8%per annum,under the mode of "paymentby bonds or note," as defined by law and the ordinances of the City of Moses Lake.In the case of default in the payment of any assessment when the same shall become due,there shall be added interest at a rate to be hereafter fixed by ordinance not to exceed 8%per annum and a penalty of 5%which shall also be collected. The exact form,amount,date,interest rate and denominations of said warrants and bonds or note shall be hereafter fixed by ordinance of the City Council.Said warrants and bonds or note shall be sold in such manner as the City Council shall hereafter determine. Section 7.All the work necessary to be done in connection with the making of said .improvement shall be done by and made by contract upon competitive bids and the City shall have and reserve the right to reject any and all bids.The call for bids for work authorized pursuant to the Ordinance shall include a statement that payment for said work will be made in cash warrants drawn upon the "Local Improvement Fund,District No.24."l Section 8.There is hereby created and established in the office of the City Treasurer of the City of Moses Lake,for Local Improvement District No.24,a special fund to be known and designated as "Local Improvement Fund, District No.24,"into which fund shall be deposited the proceeds from the sale of revenue warrants drawn against said fund which may be issued and sold by the City and collections 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 said improvement and against which fund cash warrants shall be issued in payment of all other items of expense in connection with said improvements. Section 9.A public hearing has been held regarding the improvement of-this alley.Therefore,the provisions of Section 17,Ordinance No.474 are hereby waived.This ordinance shall be read only once before its passage and shall take effect immediately after passage and publication. I PASSED by the City Council and APPROVED by its Mayor this 25th Day of November,1969. Mayor,O aug ATTEST• Citý Clerk,CharÍes ave'nport APPRO D AS TO FORM: C1 Attorney,John E .Ca lbom