783_00001ORDINANCE NO•783
AN ORÐINANCEORDERINGTHE IMPROVEMENT OF BEAUMONTDRIVE BY GRADING,GRAVELING,CONSTRUCTINGAND INSTALLING SIDE LATERAL SEWERCONNECTIONS,CURBS,SIDEWALKS,AND ASPHALTIC CONCRETEPAVEMENT,IN ACCORDANCE WITHi.RESOLUTION NO.776 OF THE CITY COUNCILOF THE CITY OF MOSESLAKE,NASHINGTON;ESTABLISHING LOCALIMPROVEMENTDISTRICT NO.31 PROVIDINGTHEMETHODOFASSESSMENTINSAIDDISTRICT;PROVIDINGTHATPAYMENTPORSAIDIMPROVEMENTBEMADEBYSPECIALASSESSMENTSUPONPROPERTYINSAIDDISTRICTPAYABLEBYTHEMODEOF"PAYMENT BY BONDS";ANDPROVIDING FORTHEISSUANCEANDSALEOFLOCALIMPROVEMENTDISTRICTWARRANTSREDEEMABLE .IN CASHANDLOCALDIPROVEMENTDISTRICT BONDS.
WHEREAS,by Resolution No.776,adopted September 14,1976,che City Council of the CityofMosesLake,Washington declared its intention to improve Beaumont Drive by grading,graveling,constructing and installing side lateral sever connections,curbs,sidewalks,and asphaltic concrete pavement,and fixed the 12th day of October 1976,at 8:00 o'clockp.m.,in the council Chambers in the City Hall,Moses Lake,Washington,as the time and
,place for hearing all matters relating to said improvement and all objections theretoandfordeterminingthemethodforpaymentofsaidimprovement;and
WHEREAS,the City Engineer's Office has caused an estimate to be made of the costs andexpenseofeachcontinuousunitoftheproposedimprovementandhascertifiedsaidestimatetotheCityCouncil,together with all papers and information in its possessiontouchingtheproposedimprovement,a description of the boundaries of the District,astatementofwhatportionofthecostandexpenseoftheimprov¢ment should be bornebythepropertywithintheproposedDistrict,a statement in detail of the local improve-ment assessments outstanding or unpaid against the property in the proposed Districtandastatementoftheaggregateactual-valuation of the real estate,including 25%of the actual valuation of the improvements in the proposed District,according to thevaluationoftheimprovementsintheproposedDistrict,according to the valuationlastplaceduponitforthepurposeofgeneraltaxation;and
i WHEREAS,said estimate is accompanied by a diagram of the proposed improvement showingthereonthelots,tracts,parcels of land,and other property which will be specificallybenefitedbyeachcontinuousunitoftheproposedimprovement,and the estimated amountofthe.cost and expense thereof to be borne by each lot,tract and parcel of land orotherproperty;and
WHEREAS,due notice of the hearing on Resolution No.776 was given in the manner providedbylawandsaidhearingwasheldbytheCityCouncilonOctober12,1976,.and all writtenprotestsfiledwiththeCityCouncilonorbeforesaiddatesweredulyconsidered;and
WHEREAS,it has been further determined to be in the best interests of the City thatthesaidimprovement,as hereinafter described,be carried out and that a local improve-ment district be created in connection therewith,NON,THEREFORE,
THE CITY CCUNCILOF THE CITY OF MOSESLAKE,WASHINGTON,DO ORDAIN,AS FOLLOWS:
Sectîon 1.It is hereby ordered that the improvement of the following described streetintheCityofMosesLake,Washington,and the construction,be carried out,to whit:
Beaumont Drive from Inglewood Avenue to Linden Avenue by grading,graveling,constructingandinstallingsidelateralsewerconnections,curbs,sidewalks,and asphaltic concretepavement;and
All of the foregoing shall be in accordance with the plans and specifications thereforpreparedbytheCityEngineer's Office.
Section 2.The estimated cost and expense of said improvement is hereby declared toI.be $31,835.65•
The entire cost and expense of said improvement shall be borne by and assessed againstthepropertyspeciallybenefitedbysuchimprovementtobeincludedinthelocalimprove-ment district hereinafter established embracing,as near as may be,all propertiesspeciallybenefitedbysuchimprovement,
Section 3.There is hereby created and established a local improvement district tobeknownas"Local Improvement District No.31,"which District is described as followsandincludesthefollowingdescribedproperties:
All property in Lots #60 through 74 and all of Lots #97 through 100 of Montlake Addition #1.
Section 4.The nature of the improvement provided for herein is such that the specialbenefitsconferreduponthepropertyinthelocalimprovementdistricthereincreated
are fairly reflected by the use of zone-and-termini method of assessment therefor anditisherebyprovidedandorderedthattheassessmentsshallbemadeagainstthepropertyoftheDistrictinaccordancewiththezone-and-termini method provided by statute.
Section 5.Local improvement district warrants shall be issued in payment of the costandexpenseoftheimprovementhereinordered,such warrants to be payable out of the"Local Improvement Fund,District No.31,"hereinafter created,to bear interest fromthedatethereofataratetobehereafterfixedbyordinance,not to exceed 9%per annum,and to be redeemed in cash,and/or by local improvement district bonds herein authorized
to be issued.Such bonds shall bear interest at a rate to be hereafter fixed byordinance,not to exceed 9%per annum,shall be payable on or be£ore twelve years fromthedateofissuance,and shall be issued in exchange for and in redemption of any andallwarrantsissuedhereunderandnotredeemedincashwithinaperiodnottoexceedsixtydaysafterthefirstpublicationbytheCityTreasurerofnoticethattheassess-ment roll for "Local Improvement.District No.31"is in his hands for collection.Thebondsshallberedeemedbythecollectionofspecialassessmentstobeleviedandassessed
upon the property within said District,payable in ten ecual annual installments,withinterestataratetobehereafterfixedbyordinance,not exceeding 9%per annum,underthemadeof"paymentby bonds,"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 i
become due,there shall be added interest at a rate to be hereafter fixed by ordinance,
not to exceed 9%per annum,and a penalty of 9%which shall also be collected.The
exact amount,form,date,interest rate,and denominations of said warrants and bondsshallbehereafterfixedbyordinanceoftheCityCauncil.Said warrants and bondsshallbesoldinsuchmannerastheCityCouncilshallhereafterdetermine.
Section 6.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 reserves the right to reject any and all bids.The call for bids for
work authorized pursuant to this Ordinance shall include a statement that payment žor
said work will be made in cash warrants drawn upon the "Local Improvement Fund District
No.31"of Local Improvement District No.31 of the City of Moses Lake,Washington.
Section 7.There is created and established in the Office of the City Treasurer
of the City of Moses Lake,for Local Improvement District No.31,a special fund
to be known and desianated as Local :Improvement Fund District No.31:into which
fund shall be deposited the principal amount plus accrued interest received from the
sale of local improvement district revenue warrants of the District herein authorized,
to be issued and sold and collections pertaining to assessment and against which fund
cash warrants shall be issued to the contractor er contractors in payment of 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 improvement.
Section 8.That a public hearing has been held regarding the improvement of this street.
Therefore,the provisions of Section 17 of Ordinance 474 are hereby waived.This Ordinance
shall only be read once before its passage and shall take effect immediately after passage
and publication.
PASSEDby the City Council and APPROVEDby the Mayor of the City of Moses Lake,Washington,
at a regular meeting thereof,this 19th day of October ,1976.
Donald ETSwanson,MAYOR
ATTEST:
J n c.Burton,Acting City Clerk
APPROVED AS O FORM:
Part R.Adfes,City y