Loading...
793_00001ss DRDINANCE No.793 AN ORDINANCE ORDERING THE IMPROVEMENT OÈJEFFERSON AVENUE BY GRADING,GRAVELING,CONSTRUCTIOR AND INSTALLING SIDE LATERAL SENER CONNECTIONS,i CURBS,SIDEWALKS,ASPHALTIC CONCRETE PAVEMENT AND STORM DRAINAGE INACCORDANCEWITHRESOLUTIONNO.782 OF THE CITY COUNCIL OF THE CITY OFMOSESLAKE,WASHINGTON;.ESTABLISHING LOCAL IMPROVEMENTDISTRICT NO.34ANDPROVIDINGTHEMETHODOFASSESSMENTINSAIDDISTRICT:PROVIDING THATPAYMENTFORSAIDIMPROVEMENTBEMADEBYSPECIALASSESSMENTSUPONPROPERTYINSAIDDISTRICTPAYABLEBYTHEMODEOF"PAYMENT BY BONDS":AND PRO-VIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENTDISTRICT WARRAMTSREDEEMABLEINCASHANDLOCALIMPROVEMENTDISTRICTBONDS. WHEREAS,by Resolution No.782,adopted September 28,1976,the City Council of the city ofRosesLake,Washington declared its intention to improve Jefferson Avenue by grading,graveling,constructing and installing side lateral sewer connections,curbs,sidewalks,storm drainage and asphaltic concrete pavement,and fixed the 9th day of November,1976at8:00 o'clock p.m.,in the Council Chambers in the City Hall,Roses Lake,Washington,asthetimeandplaceforhearingallmattersrelatingtosaidimprovementandallobjectionstheretoandfordeterminingthemethodforpaymentofsaidimprovement,and WHEREAS,the city Engineer's Office has caused an estimate to be made of the costs andexpenseo£each continuous unit for the proposed improvement and has certified said esti-mate to the City Council,together with all papers and information in its possessiontouchingtheproposedimprovement,a description of the boundaries of the District,astatementofwhatportionofthecostandexpenseoftheimprovementshouldbebornebythepropertywithintheproposedDistrict,a statement in detail of the local improvementassessmentsoutstandingorunpaidagainstthepropertyintheproposedDistrictandastateamntoftheaggregateactualvaluationoftherealestate,including 25¼of the actualvaluationoftheimprovementsintheproposedDistrict,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 speciallybenefitedbyeachcontinuousunitoftheproposedimprovement,and the estimated amountofthecostandexpensethereoftobebornebyeachlot,tract and parcel of land oriotherproperty;and WHEREAS,due notice of the hearing on Resolution No.782 was given in the manner providedbylawandsaidhearingwasheldbytheCitycouncilonNovember9,1976,and all writtenprotestsfiledwiththeCityCouncilonorbeforesaiddatesweredulyconsidered;and WHEREAS,it has been further determined to be in the best interests of the City that thesaidimprovement,as hereinafter 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: Sectign_1.It is hereby ordered that the improvement of the following described area intheCityofMosesLake,Wa'shington,and the construction,he carried out,to wit: Jefferson Avenue from Brown Street to State Street Þy grading,graveling,constructing and installing side lateral sewer connections,curbs,sidewalks,asphaltic concrete pavement and storm drains;and All of the foregoing shall be in accordance with the plans and specifications thereforepreparedbytheCityEngineer's Office. Section 2.The estimated cost and expense of said improvement is hereby declared to be$40,414.86. The entire cost and expense of said improvement shall be borne by and assessed against thepropertyspeciallybenefitedbysuchimprovementtobeincludedinthelocalimprovementdistricthereinafterestablishedembracing,as near as may be,all properties speciallybenefitedbysuchimprovement. I Section 3.There is hereby created and established a local improvement district to beknownas"Local Improvement District No.34",which District is described as follows andincludesthefollowingdescribedproperties: All the property in Lots 1,2 and 4 of the Assembly of God Addition andallthepropertyinTracks7through16,west view Tracts located inSection23,T 19N R 28 EKM, lI ORDINANCE No.193 :2 Section 4.The nature of the improvement provided for herein is such that the specialbenefitsconferreduponthepropertyinthelocalimprovementdistricthereincreated arefairlyreflectedbytheuseofzone-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 zone-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.34",hereinafter created,to bear interest from the date thereof at a rate to be hereafter fixed by ordinance,not to exceed 9¾per 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 after the first publication by the city Treasurer of notice that the assessment roll for "Local Improvement District No.34"is in his hands for collection.The bonde 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 9¼per 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 assessment when the same shall become due,there shall be added interest at a rate to be hereafter fixed by ordinance,not to exceed 9¾per annum,and a penalty of 9¼which 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. 34"of Local Improvement District No.34 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.34,a special fund to be known and designated as Local Improvement Fund District No.34: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 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 h&s 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. PASSSDby the City Council and APPROVED by the Mayo of the City of Roses Lake,Washington, at a regular meeting thereof,this 17th day of Nov ber,1976. ATTEST:nald E.Swanson,Mayor J ån C.Burton,Acting City Clerk APPROVED AS TO FORM: Patri R.Acres,Ci kyforney