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838_00001ORDINANCE No.838 AN ORDINANCE ORDERING STREET IMPROVEMENTS IN THE KNOLLS VISTA AREA ADJACENT TO $ÓT 1 OF KNDLLS VISTA #7 ADDITION,LOT 12 OF KNOLLS VISTA #13 ADDITION AND LOTS 1 THROUGH 29 OF KNOLLS VISTA.#12 ADDITION BY CONSTRUCTING CONCRETE SIDEWALK IN ACCORDANCEI-WITH RESOLUTION NO.811 OF THE CITY COUNCIL OF THE CITY OP MOSES LAKE,WASUINGTON:BSTABLISHING LOCAL IMPROVEMENT DISTRICT NO.38ANDPROVIDINGTHEMETHODOFASSESSMENTINSAIDDISTRICT:PRO-VIDING TIIAT PAYMENT FOR SAID IMPROVEMENT BE MADE BY SPECIAlsASSESSMENTSUPONPROPERTYINSAIDDISTRICTPAYABLEBYTHEMODE OF "PAYMENT BY BONDS":AND PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS REDEEMABLE IbT CASH AND LOCAL IMPROVEMENT DISTRICT BONDS. WHERSAS,by Resolution No.811,adopted March 22,1977,the city Council of the City .of Moses Lake,Washington declared its intention to improve the Knolls Vista areaadjacenttoLot1ofKnolleVista#7 Addition;Lot 12 of Knolls Vista #13 Addition .and Lots 1 through 29 of Knolls Vista #12 Addition by constructing concrete sidewalk.and fixed the 19th day of April,1977 at 8:00 o'clock p.m.,in the Council ChambersinthecityHall,Moses Lake,Washington as the time and place for hearing all mattersrelatingtosaidimprovementandallobjectionstheretoandfordeterminingthemethodforpaymentofsaidimprovement;and WHEREAS,the City Engineer's O£fice has caused an estimate to be made of the costs andexpenseofeachcontinuousunitfortheproposedimprovementandhascertifiedsaidesti-mate to the City Council,together with all papers and infoxmation in its possessiontouchingtheproposedimprovement,a description of the boundaries of the District,astatementofwhatportionofthecostandexpense.of the improvement should be horne bythepropertywithintheproposedDistrict,a statement in detail of the local improvementassessmantsoutstandingorunpaidagainstthepropertyin.the proposed District and astatementoftheaggregateactualvaluationoftherealestate,including 25¾of the actualvaluationoftheimprovementsintheproposedDistrict,according to the valuation lastplaceduponitforthepurposeof.general taxation;and i WHEREAS,said estimate is accompanied by a diagram of the proposed improvement showing,thereon the lots,tracts,parcels of land,and other property which will be speciallybenefitedbyeachcontinuousunitoftheproposedimprovement,and the estimated unountofthecostandexpensethereo£to be borne by each lot,tract and parcel of land or-other property;and WHEREAs,due notice of .tha hearing on Resolution No•811 was given in the manner providedbylawandsaidhearingwasheldbytheCityCouncilonApril19,1977,and all written.protestá filed with the City Council on or before said dates were duly.considered,and WHEREAS,it has been further determined to be in the best interests of the City that thesaidimprovement,as hereinafter described,he ¤arried 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 intheCityofRosesLäke,Washington,and the construction,be carried out,to wit: Knolls Vista Addition 7,Lot 1KnollsVistaAddition13,Lot 12KnollsVistaAddition12,Lots 1 through 29 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$13,160.07 The entire cost and expense of said improvement shall be borna by and assessed against thepropertyspeciallybenefitedbysuchimprovementtobeincludedinthelocalimprovementdistricthereinatterestablishedembracing,as near as may be,all properties speciallyIbenefitedbysuchimprovement. .Section 3.There is hereby created and established a local improvement district to beknownas"Local Improvement District No.38",which District is described as follows andincludes-the following described properties: Knolls Vista Addition 7,Lot 1KnollsVistaAddition13,Lot 12KnollsVistaAddition12,Lots 1 through 29 ORDÍNANCE No,638 :2 Soetion 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 arefairlyreflectedbytheuseofzone-and-termini method of assessment therefore and it isherebyprovided.and ordered that the assessments shall be made against the property oftheDistrictinaccordancewiththezone-and-termini method provided by statute. Section 5.Local Improvement District warrants shall Se issued in payment of the costandexpenseoftheimprovementhereinordered,such warrants to be payable out of the"Local Improvement Fund,District No.38",hereinafter created,to hear 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 by ordinance,not to exceed 9¼por annum,shall be payable on or before twelve years from the date ofissuance,and shall be issued in exchange for and in redemption of any and all warrantsissuedhereunderandnotredeemedincashwithinaperiodnottoexceedsixtydaysafterthefirstpublicationbytheCityTreasurerofnoticethattheassessmentrollfor"Local Improvement District No.38"is in his hands for collection.The bonds shall be redeemedbythecollectionofspecialassessmentstobeleviedandassesseduponthepropertywithin said District,payable in ten equal annual installments,with interest at a rate to behereafterfixedbyordinance,not exceeding 9%per annum,under the mode of "paymentbybonds,"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 oräinance,not to exceed 94 per annum,and a,penalty of 9%which shall also be'collected.The exact amount,form,déte,interest rate,and denominations of said warrants and bonds shall be hereafter fixed byordinanceoftheCitycouncil.Said warrants and bonds shall be sold in such.manner asthecityCouncilshallhereafterdetermine. 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.3 of Local Improvement District No.38 of the city of Moses Lake,Washington. Section 7.There is created and established in the Office of the City Treasurer of theCityofMosesLake,for Local Improvement District No.38,a special fund to be known and designated as Local improvement Fund District No.38: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 ofallotheritemsofexpenseinconnectionwithsaidi·mprovement. PAssED by the city Council and APPRovED by the Mayor -of the City of Moses Lake,Washington, at a regular meeting thereof,this 10th day of ,May ,1977. City Clerk äity Att raey