672_00001ORDINANCE NO.672iANORDINANCEORDERINGTHEIMPROVEMENT OF THE ALLEYBETWEENDIVISIONANDALDERSTREETSRUNNINGFRONFOURTHTOFIFTHAVENUESBYGRADING,GRAVELING,CON-STRUCTING AND INSTALLING ASPHALT CONCRETE PAVENENT-ALL IN ACCORDANCE WITH RESOLUTION NUMBER598 OF THECITYCOUNCILOFTH2CITYOFMOSESLAKE,WASHINGTON:ESTABLISHING LOCAL IMPROVEMENT DISTRICT NUMBER 28;PROVIDING THAT PAYMENT FOR SAID INPROVEMENT BE MADEBYSPECIALASSESSMENTUPONPROPERTYINSAIDDISTRICTPAYABLEBYTHEMODEOF"PAYMENT BY BONDS OR NOTE:"AND PROVIDING FOR THE ISSCANCE AND SALE OF LOCAL IM-PROVEMBET DISTRICT WARRANTSREDEEMABLE IN CASH ANDLOCALIMPROVEMENTDISTRICTBONDSORNOTES.
WHEREAS,by Resolution Number 598 adopted May 8,1973,the City of Moses Lake declareditsintentiontoimprovethealleybetweenDivisionandAlderStreetsrunningfromFourthtoFifthAvenuesbygrading,graveling,constructing.and installing asphalt concretepavementandtocreatealocalimprovementdistricttoassessthecostandexpense ofsaidimprovementsagainstpropertiesinsuchdistrictespeciallybenefitedtherebyananotifiedallpersonswhomaydesiretoobjecttosaidimprovementstoappearandpresenttheirobjectionsatameetingoftheCitycounciltobeheldonthe12thdayofJune,at8±00 o'clock p.m.in the Council Chambers at the City Hall in the City of Moses Lake,Washington and
WHEREAS,Richard L.Weaver,Públic Works Director of-the City of Moses Lake,has causedanestimatetobemadeofthecostsande%penses of the proposed improvement and has cer-I tified said estimate to the City Council together with all papers and information in hispossessiontouchingtheproposedimprovement,a description of the boundaries of the dis-trict,a statement of what portion of the cost and expense of the improvement should bebornebythepropertywithintheproposeddistrictandastatementindetailofthelocalimprovementassessmentsoutstandingorunpaidagainstthepropertyintheproposeddis-trict 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 thevaluationlastplaceduponitforthepurposeofgeneraltaxation;and
WEEREAS,said estimate is accompanied by a diagram of the proposed improvement showingthereonthelots,tracts,parcels of land and other property which will be specially bene-fited by the proposed improvement and the estimated amount of the cost and expense thereoftobebornebyeachlot,tract,and parcel of land or other propertyr and
WHEREAS,due notice of the hearing upon said Resolution Number 598 was given in the mannerprovidedbylawandsaidhearingwasheldbytheCityCouncillune12,1973,and all writtenprotestsfiledwiththeCityCouncilonorbeforesaiddateweredulyconsideredandallpersonsappearedatsaidhearingwereheard;and
WEEREAS,the City Council has determined it to be in the best interest oÆ the City thatthesaidimprovements,as hereinafter described,be carried.out and that a local improve-ment district be created in connection herewith,NOW THEREFORE THE CITY COUNCIL OF THECITYOFMOSESLARE,WASHINGTON,DOES ORDAIN AS FOLLOWS:
Section 1.It is hereby ordered that the alley.between Division and AlderStreetsrunningfromFourthtoFifthAvenuesbygrading,graveling,constructing and in-stalling asphalt concrete pavement all in accordance with the plans and specificationsthereforpreparedbytheAssistantcityEngineer.Ill
Ordinance No.672 ,2 .
Section 2.There is hereby created and established a local improvement dis-
trict to be called "Local Improvement District Number 28 of the City of Moses Lake,Wash-
ington"which district is described as follows and contains the following areas:
The alley between Division and Alder Streets running from Fourth
to Fifth Avenues.
Section 3.The total estimated cost and expense of said improvement is here-
by declared to be Five Thousand,Four Hundred and 00/100 Dollars ($5,400.00)
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 zone method of assessment therefor it is hereby provided
and ordered that the assessments shall be made against the property of the district in ac-
cordance with the zone method provided by statute.
Section 6.Local Improvement District warrants shall be issued in*payment i
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 Irprovement Fund,District Number 28"here-
inafter created,to bear interest from the datethereof 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 improve-
ment district bonds or notestherein authorized to be issued said interest-bearing warrants
to be hereafter referred to as "revenue warrants."Such bonds ornoteshall bear interest
at a rate to be hereafter fixed by ordinance not exceeding 85 per annum,shall be payable
on or before twelve (12)years from the date of issuance,the life of the improvement or-
dered being not less than twelve years,and shall he issued in exchange for and in redemp-
tion 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 District Number 28 is in his hands for
collection.The bonds or note shall he redeemed by the collection of special assessments
to be levied and assessed upon the property within said District,paydble in ten (10)equal
annual installments,with interest at a rate to be hereafter fixed by ordinance not ex-
caeding 8¾per annum,under the mode of "paymentby bonds or note,"as defined by law and
the ordinances of the City of Modes Lake.In the case of default inthepayment 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 1xa 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 he 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 authorised pursuant to the ordinance shall include a statement that payment for said
woric will be made in cash warrants drawn upon .the "Local Improvement Vand,District Number
28."
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 Number 28,a special
fund to be known and designated as "Local Improvement Fund,District Number 28",into which
fund shall be deposited the proceeds from the sale o£revenue warrants drawn against said
fund which may be issued and sold by the City and collections pertaining to assessments
aual against which fund shall he issued cash warrants to the contractor or contractors in
yment for the work to be done by them in connection with said improvement and against
which £und cash warrants shall he issued in payment of all other items of expense in cono
nection with.said improvement.
Ordinance No.672 :3
i Section 9.A public hearing has been held regarding the improvement of thisstreet.Therefore,the provisions of Section 17,Ordinance Number 474 are hereby waived.This ordinance shall be read only once before its passage and shall take effect immediatelyafterpassageandpublication.
PASSED by the City Council and APPROVED by its Mayor this 12th day of June,1973 ,
Mayor-Ò M.Skaug
ATTEST:
Cit nerk -Chúks Dave
APPROVED AS TO FORM:
y AttorneY -John E.Calbom
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