645_00001ORDINANCE NO.645
AN ORDINANCE ORDERING THE IMPROVEMENT OF THEALLEYBETWEENBEECHANDASHSTREETSRUNNINGFROMFOURTHANDFIFTHAVENUESBYCONSTRUCTINGANDINSTALLINGSTORMDRAINAGE,ASPHALT CONCRETEPAVEMENT,AND DRIVEWAYS ALL IN ACCORDANCE WITHRESOLUTIONNO.570 OF THE CITY COUNCIL OF THECITYOFMOSESIAKE,WASHINGTON;ESTABLISHINGLOCALINPROVEMENTDISTRICTNO.26;PROVIDINGTHATPAYMENTFORSAIDIMPROVEMENTBEMADEBYSPECIALASSESSMENTUPONPROPERTYINSAIDDISTRICTPAYABLEBYTHEMODEOF"PAYMENT BYBONDSORNOTS:"AND PROVIDING FOR THE ISSUANCEANDSALEOFLOCALIMPROVEMENTDISTRICTWARRANTSIREDEEMABLEINCASHANDLOCALIMPROVEMENTDIS-TRICT BONDS OR NOTES.
WHEREAS,by Resolution No.570 adopted April 25,1972,the CityofMosesLakedeclareditsintentiontoimprovethealleybetweenBeechandAshStreetsrunningfromFourthandFifth.Avenues byconstructingandinstallingstormdrainage,asphalt,concretepavement,and driveways and to create a local improvementdistricttoassessthecostandexpenseofsaidimprovementsagainstpropertiesinsuchdistrictespeciallybenefitedtherebyandnotifiedallpersonswhomaydesiretoobject tosaidimprovementstoappearandpresenttheirobjectionsatameetingoftheCityCounciltobeheldonthe23rddayofMay,1972,at 8:OO o'clock P.M.in the Council chambers attheCityHallintheCityofMosesLake,Washington and
WHEREAS,Richard L.Weaver,Public Works Director.of the cityofMosesLake,has caused an estimate to be made of the costsandexpensesoftheproposedimprovementandhascertifiedsaidestimatetotheCityCounciltogetherwithallpapersandinformationinhisposessiontouchingtheproposedim-provement a description of the boundaries of the district,a statement of what portion of the cost and expense of theimprovementshouldbebornebythepropertywithinthepro-posed district,and a statement in detail of the local im-provement assessments outstanding or unpaid agains.t thepropertyintheproposeddistrict,and a statement of theaggregateactualvaluationoftherealestate,including 25%of the actual valuation of the improvements in the proposedidistrict,according to the valuation last placed upon it forthepurposeofgeneraltaxation;and
NEEREAS,said estimate is accompanied by a diagram of the pro-posed improvement showing thereon the lots,tracts..parcels of.land and other property which will be specially benefited bytheproposedimprovementandtheestimatedamountofthe.cost
and expense thereof to be borne by each lot,tract,and parceloflandorotherproperty;and
WHERKAS,due notice of the hearing.upon said Resolution No.570wasgiveninthemannerprovidedby.1aw and said hearing was.held by the City Council May 23,1972,and all written.protestsfiledwiththeCityCouncilonorbeforesaiddatewere dulyconsideredandallpersensappearedatsaidhearingwereheard;and
WHEREAS,the City Council has determined it to be in the bestinterestoftheCitythatthesaidimprovements,as hereina£terdescribed,be carried out and that a local improvement districtbecreatedinconnectionherewith,NOW,THEREFORE,THE CITYCOUNCILOFTHECITYOFMOSESLAKE,WASHINGTON,DO ORDAIN ASFOLLOWS:
Sectign_l.It is hereby ordered that the alley be-tween Beach and Ash Streets running from Fourth and Fifth Avenuesbyconstructingandinstallingstormdrainage,asphalt concrete
i pavement and driveways all in accordance with the plans andspecificationsthereforpreparedbytheAssistantCityEngineer.
Section 2.There is hereby created and establishedalocalimprovementdistricttobecalled"Local ImprovementDistrictNo.26 of the City of Moses Lake;Washington"whichdistrictisdescribedasfollowsandcontainsthefollowing
areas:
The alley between Beech and Ash StreetsrunningfromFourthandFifthAvenues
Section 3.The total estimated cost and expense ofsaidimprovementishärebydeclaredtobeFourThousand,SevenRandredandFiftyEightand50/100 Dollars ($4,758.50).
Section 4.The total cost and expense shall be bornebyandassessedagainstthepropertyspeciallybenefitedbytheimprovementtobeincludedinthelocalimprovementdistricthere-in established.
Section 5.The nature of the improvement provided
for herein is such that the..special benefits confarred ägon
the property in the local improvement district herein created
are fairly reflected by the zone method of .assessment therefor
it is hereby provided and ordered that the assessments shall
be made against the property of the district in accordance with
the zone method provided by statute.
Section 6.Local Improvement District warrants
shall be issued in payment of that portion of the cost and ex-
pense of the improvement herein ordered to be assessed,such
warrants to be payable out of the "Local Improvement Fund,Dis-
trict No.26 hereinafter created,to bear interest from the
date thereof at a rate to be hereafter fixed by ordinance not
to exceed 8%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 re-
ferred to as "revenue warrants."Such bonds or note shall bear
interest at a rate to be hereafter fixed by ordinance not ex-
ceeding 8¾per annum,shall be payable on or before twelve (12)
years from the date of issuance,the life of the improvement
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 by the City Treasurer
of notice that the assessment roll.for Local Improvement Dis-
trict No.26 is in his hands for collection.The bonds or note
shall be redeemed by the collection of special assessments to
be levied and assessed upon the property within said District,
payable in ten (10)equal annual installments.with interest at
a rate to be hereafter fixed by ordinance not exceeding By per
annum,under the mode of "payment by 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 5¾which shall also be collected.The exact form,a-
mount,date,interest rate and denominations of said warrants and
bonds or note ghall 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.
.All the work necessary to be done in
connection with the making of said improvement shall he done a
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 ordi-
nonce shall include a statement that payment for said work
will be made in cash warrants drawn upon the "Local Improve-
ment Fund,District No.26."
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.26,a special fund to be
known and designated as "Local Improvement Fund,District No.
26",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 as-
sessments -and against which fund shall be issued cash war-
rants 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 pay-
ment of all other items of expense in connection with said -
improvement.
Section 9.A public hearing has been held regarding
the improvement of this street.Therefore,the provisions of
Section 17,Ordinance No.474.are hereby waived.This ordi-
nonce shall be read only once before its passage and shall take
effect immediately after passage and publication.
PASSED by the City Council and APPROVED by its
Mayor this 6th day of June ,1972 .
Mayor
Clerk
PPROVED AS TO FORM:
City Attorney