788_00001ORDINANCE No.788
AN ORDINANCE ORDERING THE IMPROVEMENT OF FERN DRIVE,CROUSE STREET,SYBEL LAND AND DEMIS STREET IN BENNETT ADDITION BY CONSTRUCTION ANDINSTALLINGASANITARYSEWERMAINCONNECTINGTOEXISTINGFAÇILITIESONGIBUYROADATFERNDRIVEANDINSTALLINGSEWERMAINSANDMANHOLESITOSERVICETHEPROPERTYADJACENTTOTHEABOVESTREETSyINACCORD-ANCE WITEI RESOLUTION #783 OF TIIS CITY COUNCIL OF THE CITY OF MOSESLAKE,WASHINGTON:ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO.33;PROVIDING THE NETHOD OF ASSESSMENT IN SAID DISTRICT:PROVIDING THATPAYMENTFORSAIDIMPROVEMENTBEMADßBYSPECIALASSESSMENTSUPONPROPERTYINSAIDDISTRICTPAYABLEBYTHEMODEOF"PAYMENT SY BONDS";AND .PROVIDING FOR TilE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICTWARRANTSREDEEMABLEINCASHANDLOCALIMPROVEMENTDISTRICTBONDS.
WHEREAS,by Resolution No.783,adopted September.28,1976,the City Council of the CityofMosesLake,Washington declared its intention to improve Fern Drive,Crouse Street,Sybel Lane and Bemis Street in Bennett Addition by construction and installation of sewermainandfixedthe26thdayofOctober,1976,at 8:00 o'clock p.m.,in the Council ChambersintheCityHall,Moses Lake,Washington,as the time and place for hearing all mattersrelatingtosaidimprovementandallobjectionstheretoandfordeterminingthemethod ofpaymentofsaidimprovementiand
WHEREAS,the City Engineer's Office has caused an estimate to be made of the costs andexpenseofeachcontinuousunitfortheproposedimprovementandhascertifiedsaidesti-mate to the City Council,together with all papers and information in its possessiontouchingtheproposedimprovement,a description of the boundaries of the District,astatementofwhatportionofthecostandexpenseoftheimprovementshouldbeborne bythepropertywithintheproposedDistrict,a statement in detail of the local improvement
.assessments outstanding or unpaid against the property in the proposed District and astatementoftheaggregateactualvaluationoftherealestate,incltiding 25%of the actualvaluationožtheimprovementsintheproposedDistrict,according to the valuation lastplaceduponitforthepurposeofgeneraltaxation;and
WHEREAS,said estimate is accompanied by a diagram of the proposed improvement showingthereonthelots,tracts,parcels of land,and other property which will be speciallyIbenefitedbyeachcontinuousunitoftheproposedimprovement,and the estimated amountofthecostandexpensethereoftobebornebyeachlot,tract and parcel of land orotherproperty;and
WHEREAS,due notice of the hearing on Resolution No.783 was given in the manner providedbylawandsaidhearingwasheldbytheCityCouncilonOctober26,1976,and all writtenprotestsfiledwiththeCityCouncilonorbeforesaiddatesweredulyconsidered;and
WHEREAS,.it has been further determined to be in the best interests of the City that thesaidimprovement,as hereinažter described,be carried out and that a local improvementdistrictbecreatedinconnectiontherewith,NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON,DO ORDAIN,AS FOLLOWS:
Section 1.It is hereby ordered that the improvement of the following described area intheCityofMosesLake,Washington,and the construction,be carried out,to wit:
By installing a sanitary sewer system on Fern Drive from cibby Road to Crouse Street,on Crouse Street from Fern Drive to the South boundary of Bennett Addition,on sybelLaneandonBemisStreetfromSybelLanetotheSouthboundary,and
All of the foregoing shall be in accordance with the plans and specifications thereforepreparedbytheCityEngineer's Office.
SeÀ€¾2.The estimated cost and expense of said improvement is hereby declared to be$51,711.RT
The entire cost and e of said improvement shall be borne by and assessed against thepropertyspeciallybenefituchimprovementtobeincludedinthelocalimprovementdistricthereinafterestablishedcing,as near as may be,all properties speciallybenefitedbysuchimprovement.I Section 3.There is hereby created and estab i ocal improvement district to beknownas"Local Improvement District No.33",which DY eiet is described as follows andincludesthefollowingdescribedproperties:
All the property in Lots 7 through 12,Lots 14 through 21 and Lots gh-72 -etBennettAdditionlocatedinSec.28,T 19N,R28 EWM in Moses Lake,Wash
ORDINANCE No.TOS :2
Section 4.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 zone-and-termini method of assessment therefore and it is
hereby provided and ordered that the assessments shall be made against the property of
the District in accordance with the-mone-and-termini method provided by statute.
Section 5.Local Improvement District warrants shall be issued in payment of the cost
and expense of the improvement herein ordered,such warrants to be payable out of the
"Local Improvement Fund,District No.33",hereinafter created,to bear interest from
the date thereof at a rate to be hereafter fixed by ordinande,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 by ordinance,
not to exceed 9%per annum,shall be payable on or before twelve years from the date of
issuance,and shall be issued in exchange for and in redemption of any and all warrants
issued hereunder and not redeemed in cash within a period not to exceed sixty days afker
the first publication by the City Treasurer of notice that the assessment roll for "Local
Emprovement District No.33"is in his hands for collection.The bonds shall be redeemed
by the collection of special assessments to be levied and assessed upon the property within
said District,payable in ten equal annual installments,with interest at a rate to be
hereafter fixed by ordinance,not exceeding 9¾per annum,under the mode of "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 assassment when the same shall become due,there shall be
added interest at a rate to be hereafter fixed by ordinance,not to exceed 9¼per annum,
and a penalty of 9¾which shall also be collected.The exact amount,form,date,
interest rate,and denominations of said warrants and bonds shall be hereafter fixed by
ordinance of the City Council.Said warrants and bonds shall be sold in such manner as
the City Council shall hereafter determine.
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 payments for
.said work will be made in cash warrants drawn upon the "Local Improvement District No.
33"of Local Improvement District No.33 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.33,a special fund to be known and
designated as Local Improvement Fund District No.33:into which fund shall be deposited
the principal amount plus accrued interest received from the sale of local improvement
district revenue warrants of the Distrì¢t herein authorized,to be issued and sold and
collections pertaining to assessment and against which fund cash warrants shall be.issued
to the contractor or 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.
PASSES by the city Council and APPROVED by the Nayor of the city of Moses Lake,Washington,
at a regular meeting thereof,this Oth day of November,1976.
Jggn C,Burton,Acting City Clerk
APPROVED FORM:
Licy A orney