839_00001ORDINANCE NO.839
AN ORDINANCE ORDERING STREET IMPROVEMENTS IN THE MONTLAKE AREA ONCRESTMONTDRIVEADJACENTTOLOTS22THROUGH31OFMONTLAKEADDITION .#2 AND LOTS 21 THROUGH23 OF THE PROPOSED MONTLAKE ADDITIOM #3 ByGRADING,GRAVELING,COMSTRUCTING AND INSTALLING CURBS,SIDEWALKS,SEWER SIDE LATERALS,ASPHALT CONCRETE PAVEMENT AND STORM DRAINAGEINACCORDANCEWITHRESOLUTIONNO.812 OF THE CITY COUNCIL OF THECITYOFMOSESLAKE,WASHINGTON:ESTABLISHING LOCAL IMPROVEMENTDISTRICTNO.39 AND PROVIDING THE METHOD OF ASSESSMENT IN SAIDDISTRICT:PROVIDING THAT PAYMENT FOR SAID IMPROVEMENT BË MADS'BYSPECIALASSESSMENTSOPONPROPERTYINSAIDDISTRICTPAYABLEBYTHEMODEOF"PAYMENT BY BONDS":AND PROVIDING FOR THE ISSUANCE ANDSALEOFLOCALIMPROVEMENTDISTRICTWARRANTSREDEEMANDSINCASH ANDLOCALIMPROVEMENTDISTRICTBONDS.
WHÉREAS,by Resolution No.812,adopted March 22,1977,the City Council of the City ofMosesLake,Washington declared its intention to improve the Montlake area adjacent toLots22through31ofMontlakeAddition#2 and Lots 21 through 23 of the propoded MontlakeAddition#3 by grading,graveling,constructing and installing curbs,sidewalks,sewersidelaterals,asphalt concrete pavement and storm drainage and fixed the 19th day ofApril,1977 at 8:00 o'clock p.m.in the Council Chambers in the City Hall,Moses Lake,Washington as the time and place for hearing all matters relating to said improvementand,all objections thereto and for determining the method for payment of said improve-ment,and
WHEREAS,the City Engineer's Office has caused an estimate to be made of the costs andexpenseofeachcontinuousunitfortheproppsedimprovementandhascertifiedsaidesti-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 improvementassessmentsoutstandingorunpaidagainstthepropertyintheproposedDistrictandastatementoftheaggregateactualvaluationoftherealestate,including 25¾of the actualvaluationoftheimprovements-in the proposed District;-according to the valuation lastplacedupanitforthepurposeofgeneraltaxation;and
i WEEREAS,said estimate is accompanied by a diagram of the proposed improvement showingthereonthelots,tracts,-parcels of land,and other property which will be specially.benefited by sach continuous unit of the proposed improvement,and the estimated amountofthecostgudexpensethereoftobebornebyeachlot,tract and parcel p£land orotherproperty;and
HEREAS,due:notice of the hearing on Resolution No.812 was given in the manner provided
.by lai and said hearing was held by the City Council on April 19,1977,and all writtenprotestsf.iled 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 hereina£ter described,be carried out and that a local improvement
,district be created in connection therewith,NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON,DO ORDAIbT,AS FOLLOWS•
Section 1.It is hereby ordered that the improvement of the following described area intheCityožMosesLake,Washington,and the construction,be carried out,to wit:
Montlake Addition 2,Lots 22 throg h 31MontlakeAddition3(Proposed),Lota 21 through 23
-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$26,144.00.
The entire cost and expense of said improvement shall be borne by and assessed against thepropertyspeciallybenefitedbysuchimprovementtobeincludedinthelocalimprovement.district hereinafter established embracing,as near as may be,all properties speciallybenefitedbysuchimprovement.
ection 3.There is hereby created and established a local improvement district to beknownas"Local Improvement District No.39",which District is described as follows andincludesthefollowingdescribed.properties:
Nontlake Addition 2,Lots 22 through 31MontlakeAddition3(Proposed),Lots 21 through 23
ORDINANCE No.639 :2
Section 4.The .nature of the improvement provided for herein is such that t.he specialbenefitsconferreduponthepropertyinthelocal.improvement district.herein.created arefairlyreflectedbytheuseofzone-and-termini method of assessment therefore and it isherebyprovidedandorderedthatthe.assessments shall be made against the property oftheDistrict.ixi accordance with the zone-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.39",hereinafter created,to bear interest fromthedatethereofataratetobehereafterfixedbyordinance,not to exceed 9¾per annum,and to be redeemed in cash,and/or by local improvement district bonds herein authorizedtobeissued.Such bonds shall bear interest at a rate to be hereafter fixed by ordinance,not to exceed 9¼per 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 warrantsissuedhereunderandnotredeemedincashwithinaperiodnottoexceedsixtydaysafter -the first publication by the City Treasurer of notice that the assessment roll for "Local
Improvement District-No.39"is in his hands for collection.The bonds shall be redeemedbythecollectionofspecialassessmentstobeleviedandassesseduponthepropertywithinsaidDistrict,payable in ten equal annual installments,with interest at a rate to behereafterfixedbyordinance,not exceeding $4 per annum,under the mode of "paymentbybonds,"as defined by law and the ordinances of the City of Moses Lake.In the case ofdefaultinthepaymentof.any assessment when the same shall become due,there shall beaddedinterestataratetobehereafterfixedbyordinance,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 bonds shall he hereafter fixed byordinanceoftheCity.council.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 saidimprovementshallbedonebyandmadeby.contract upon competitive bids and the Cityshallhaveandreservestherighttorejectanyandallbids.The call for bids forworkauthorizedpursuanttothisOrdinanceshallincludeastatement-that payments forsaidworkwillbemadeincashwarrantsdrawnuponthe"Local Improvement District No.39'of Local Improvement District No.39 of the City of Moses Lake,Washington.
Section 7.There is created and establisied in the Office of the City Treasurer of theCityofMosesLake,for Local Improvement District No.39,a special fund to be known anddesignatedasLocalImprovementFundDistrictNo.39 :into which fund shall be depositedtheprincipalamountplusaccruedinterestreceivedfromtheèaleoflocalimprovementdistrictrevenuewarrantsoftheDistricthereinauthorized,to be issued and sold andcollections_Dertaining to assessment and against which fund cash warrants shall he issuedtothecontractorrcontractorsinpaymentoftheworktobedonebytheminconnectionwithsaidimprovementandagainstwhichfundcashwarrantsshallbeissuedinpaymentofallotheritemsofexpenseinconnectionwithsaidimprovement.
BASSEDby the City Council and APPROVED by the Mayor of the City of Moses Lake,Washington,
at a regular meeting thereof,this 10th day of Ma
ATTES N A YOR
City Clerk
City Attorney