Loading...
840_00001DRDINANcs No.8§0 AN ORDINANCE ORDERIRO THE IMPROVEMENT OF TAMARACK LANE AND GAYLORDIPLACEBYGRADING,CitAVELING,CONSTRUCTION OF CURBS,ASPHALTIC CONCRETEPAVEMENTANDSTOIGiDRAINAGEINACCORDANCEWITHRESOLUTIONNO.817 OFTHECITYCOUNCILOFTITECITYOFMOSESIMŒ,WASHINGTON;ESTABLISHINGLOCALIMPROVEMENTDISTRICTNO.40 AND PROVIDING THE METHOD OF ASSESS-MENT IN SAID DISTRICT;PROVIDING THAT PAYMENT FOR SAID .IMPROVEMENT BEMADEBYSPECIALASSESSMENTSUPONPROPERTYINSAIDDISTRICTPAYABLE.BYTHEMODEOF"PAYMENT BY BONDS";AND PROVID1NG FOR THE ISSUANCE ANDRALEOFLOCALIMPROVEMENTDISTRICTWARRANTSREDEEMABLEINCASHANDLOCALIMPROVEMENTDISTRICTBONDS, WHEREAS,by Resolution No.817,adopted April 19,1977,the city Council of the city ofMosesLake,Washington declared its ìntention to improve Tamarack Lane and Gaylord Placebygrading,graveling,constructing curbs,storm drainage and asphaltic concrete pavement,and fixed the 17th day of May,1977 at 8:00 o'clock p,m.,in the Council Chambers in theCityHall,Moses Lake,Washington,as the time and place for hearing all matters relat.ingtosaidimprovementandallobjectionstheretoandfordeterminingthemethodforpaymentofsaidimprovement;and -WEEREAS,the City Engineer's Office has caused an estimate to be made of the costs andI'expense of 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 improvementassessmentsoutstandingorunpaidagainstthepropertyintheproposedDistrictandastatementoftheaggregateactualvaluationoftherealestate,including 25%of the actualvaluationoftheimprovementsintheproposedDistrict,according to the valuation lastplaceduponitforthepurposeofgeneraltaxation;and WHERSAS,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 each continuous unit of the proposed improvement,and the estimated amountofthecostandexpensethereoftobebornebyeachlot,tract and parcel of land or.other property;and WHEREAS,due notice of the hearing on Resolution No.817 was given in the manner providedbylawandsaidhearingwasheldbythecityCouncilonMay17,1977,and all writtenproteatsfiledwiththeCityCouncilonorbeforesaiddatesweredulyconsidered;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: Section 1.It is hereby ordered that the improvement of the following described area intheCityofMosesLake,Washington,and the construction,be carried out,to wit: All of Tamarác4 Lage and Gaylord Place by grading,graveling,constructingcurbs,akphaltic concrete påvement 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$25,731.69. The entire cost and expense of said improvement shall be borne by and assessed against thepropartyspeciallybenefitedbysuchimprovementtobeincludedinthelocalimprovementidistricthereinafterestablishedembracing,as near as may be,all properties speciallybenefitedbysuchimprovement. Section 3,There is hereby created and established a local improvement district to beknownas"Local Improvement District No.40",which District i,s described as follows and ' includes the following described properties: All the property in Lots 1 through 13 of Penvista Addition and all thepropertyinLots1through6ofGaylordManorAdditionlocatedinSection 33,Township 19N,Range 28 EWM. ORDINANCE No,840 .2 S_ection 4.The nature of the improvament provided for heroin is such thatstho specialbenefitsconferreduponthepropertyinthelocalimprovamentdistricthereincreated arefairlyreflectedbytheuseofzono-and-termini method of assessment therefore and it isherebyprovidedandorderedthattheassessmentsshallhemadeagainstthepropertyoftheDistrictinaccordancewiththezone-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.40 ",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 exce€d 9¾per 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"LocalImprovementDistrictNo.40 "is in his hands for collection.The bonde shall be redeemedbythecollectionofspecialassessmentstobeleviedandassesseduponthepropertywithinsaidDistrict,payable in ten equal annual installments,with interest at a rate to behereafterfixedbyordinance,not exceeding 9%per annum,under the mode of "payment bybonds,"as defined by law and the ordinances of the City of Moses Lake.In the case ofdefaultinthepaymentofanyassessmentwhenthesameshallbecomedue,there shall beaddedinterestataratetobehereafterfixedbyordinance,not to exceed 9%per 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 byordinanceoftheCitycouncil.Said warrants and bonds shall be sold in such manner asthecitycouncilshallhereafterdetermine. Section_§.All the work necessary to be done in connection with the making of saidimprovenantshallbe-done by and made by contract upon competitive bids and the Cityshallhaveandreservestherighttorejectanyandallbids.The call for bids forworkauthorizedpursuanttothisOrdinanceshallincludeastatementthatpaymentsforsaidworkwillbemadeincashwarrantsdrawnuponthe"Local Improvement Fund Distriot No40"of Local Improvement District No.40 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.40,a special fund to be known anddesignatedasLocalImprovementFundDistrictNo.40 :into which fund shall be depositedtheprincipalmmountplusaccruedinterestreceivedfromthesaleoflocalimprovementdistrictrevenuewarrantsoftheDistricthereinauthorized,to be issued and sold andcollectionspertainingtoassessmentandagainstwhichfundcashwarrantsshallbeissuedtothecontractororcontractorsinpaymentoftheworktobedonebytheminconnectionwithsaidimprovementandagainstwhichfundcashwarrantsshallbeissuedinpaymentofallotheritemsofexpenseinconnectionwithsaidimprovement. 'PASSED by the city Council and APPROVED by the Mayor of the City of Moses Lake,Washington,at a regular meeting thereof,this ..U.thday of 197 ATTEST:M A YOR City Clerk APP S TO FORM: ty Atforney