ORD 91-12 INSTALLATION OF WATER LINES IN YEOMALT POINTCITY OF WINSLOW, WASHINGTON
ORDINANCE NO. 91-12
AN ORDINANCE ordering the construction and
installation of certain water lines and
appurtenances in the Yeomalt Point area of
the City pursuant to property owners'
petition therefor; establishing Local
Improvement District No. 14 and ordering the
carrying out of the proposed improvement;
providing that payment for the improvement
be made by special assessments upon the
property in the District, payable by the
mode of "payment by bonds"; and providing
for the issuance and sale of local
improvement district warrants redeemable in
cash or other short-term financing and local
improvement district bonds..
WHEREAS, a petition for the creation of a local improvement
district to provide for the construction and installation of
certain water lines and appurtenances in the Yeomalt Point area
of the City, all of the cost thereof to be borne by the property
included in the local improvement district and benefited by
those improvements, was filed with the City Clerk -Treasurer; and
WHEREAS, Kato and Warren, Inc., the City's consulting
engineer, has caused an estimate to be made of the cost and
expense of the proposed improvement and certified that estimate
to the City Council, together with all papers and information in
its possession touching the proposed improvement, a description
of the boundaries of the proposed local improvement district and
a statement of what portion of the cost and expense of the
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improvements should be borne by the property within the proposed
improvement district; and
WHEREAS, that estimate is accompanied by a diagram of the
proposed improvement showing thereon the lots, tracts, parcels
of land, and other property which will be specially benefited by
the proposed improvement and the estimated cost and expense
thereof to be borne by each lot, tract and parcel of land or
other property; and
WHEREAS, the City Council, by Resolution No. 90-36 adopted
September 6, 1990, fixed December 6, 1990, 7:00 p.m., local
time, in the Council Chambers of the City Hall as the time and
place for hearing all matters relating to the proposed
improvement and all objections thereto and for determining the
method of payment for the improvements; and
WHEREAS, due notice of the above hearing was given in the
manner provided by such Resolution No. 90-36, and the hearing
was held by the City Council on the date and at the time above
mentioned, and all persons appearing at such hearing and wishing
to be heard were heard and all objections were considered by the
City Council; and
WHEREAS, the City Council has determined it to be in the
best interests of the City that the improvement as hereinafter
described be carried out and that a local improvement district
be created in connection therewith; NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON,
DO ORDAIN as follows:
Section 1. Richard M. Kato of Kato and Warren, Inc.,
the City's consulting engineer, has examined such petition
and has certified that he has determined such petition to be
sufficient and that it has been signed by the owners of 65.2%
of the area included in the proposed district.
Section 2. The City Council of the City of Winslow,
Washington (the "City"), orders the construction and
installation of water lines and appurtenances in Yeomalt
Point Drive from existing water main (approximately 500 feet
east of Park Avenue) to the end of Yeomalt Point Drive (Maple
Drive), in Dingley Road from Fairview Avenue to Madrona
Drive, and in Yeomalt Place from Yeomalt Drive to the end of
Yeomalt Place.
All of the foregoing shall be in accordance with the
plans and specifications therefor prepared by Richard M. Kato
of Kato and Warren, Inc. and may be modified by the City
Council as long as such modification does not affect the
purpose of the improvement.
Section 3. There is created and established a local
improvement district to be called Local Improvement District
No. 14, of the City of Winslow, Washington (the "District"),
the boundaries or territorial extent of the District being
more particularly described in Exhibit A attached hereto and
by this reference incorporated herein.
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Section 4. The total estimated cost and expense of the
improvement is declared to be $120,300.00. The entire cost and
expense shall be borne by and assessed against the property
specially benefited by such improvement included in the
District, which embraces as nearly as practicable all property
specially benefited by such improvement.
Section 5. In accordance with the provisions of
RCW 35.44.047, the City may use any method or combination of
methods to compute assessments which may be deemed to fairly
reflect the special benefits to the properties being assessed.
Section 6. No property, any portion of which is outside
the District, may connect to those improvements constructed or
made a part of the District unless either that property shall
have been subject to the special assessments on the assessment
roll for the District or the owners of that property shall have
paid prior to such connection a charge in lieu of assessment
which shall be at least the equivalent of those assessments
which would have been applied to that property had it been
included within the District.
Section 7. Local improvement district warrants may be
issued in payment of the cost and expense of the improvement
herein ordered to be assessed, such warrants to be paid out of
the Local Improvement Fund, District No. 14, hereinafter created
and referred to as the Local Improvement Fund, and, until the
bonds referred to in this section are issued and delivered to
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the purchaser thereof, to bear interest from the date thereof at
a rate to be established hereafter by the City Clerk -Treasurer,
as issuing officer, and to be redeemed in cash and/or by local
improvement district bonds herein authorized to be issued, such
interest-bearing warrants to be hereafter referred to as
"revenue warrants." In the alternative, the City hereafter may
provide by ordinance for the issuance of other short-term
obligations pursuant to Chapter 39.50 RCW.
The City is authorized to issue local improvement district
bonds for the District which shall bear interest at a rate and
to be payable on or before a date to be hereafter fixed by
ordinance. The bonds shall be issued in exchange for and/or in
redemption of any and all revenue warrants issued hereunder or
other short-term obligations hereafter authorized and not
redeemed in cash within twenty days after the expiration of the
thirty -day period for the cash payment of assessments without
interest on the assessment roll for the District. The bonds
shall be redeemed by the collection of special assessments to be
levied and assessed against the property within the District,
payable in annual installments, with interest at a rate to be
hereafter fixed by ordinance under the mode of "payment by
bonds," as defined by law and the ordinances of the City. The
exact form, amount, date, interest rate and denominations of
such bonds shall be hereafter fixed by ordinance of the City
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Council. Such bonds shall be sold in such manner as the City
Council shall hereafter determine.
Section 8. In all cases where the work necessary to be
done in connection with the making of such improvement is
carried out pursuant to contract upon competitive bids (and the
City shall have and reserves the right to reject any and all
bids), the call for bids shall include a statement that payment
for such work will be made in cash warrants drawn upon the Local
Improvement Fund.
Section 9. There is created and established in the office
of the City Clerk -Treasurer for the District the Local
Improvement Fund, into which fund shall be deposited the
proceeds from inter -fund loans and the sale of revenue warrants
or other short-term obligations drawn against the fund which may
be issued and sold by the City and collections pertaining to
assessments, and against which fund shall be issued cash
warrants to the contractor or contractors in payment for the
work to be done by them in connection with the improvement, and
against which fund cash warrants shall be issued in payment for
all others items of expense in connection with the improvement.
Section 10. Within fifteen (15) days of the passage of
this ordinance there shall be filed with the City
Clerk -Treasurer the title of the improvement and District
number, a copy of the diagram or print showing the boundaries of
the District and the preliminary assessment roll or abstract of
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such roll showing thereon the lots, tracts and parcels of
land that will be specially benefited thereby and the
estimated cost and expense of such improvement to be borne by
each lot, tract or parcel of land. The City Clerk -Treasurer
shall immediately post the proposed assessment roll upon her
index of local improvement assessments against the properties
affected by the local improvement.
PASSED by the City Council this 28th day of
February , 1991.
APPROVED by the Mayor this 28th day of February ,
1991.
Q'i
ISAM J.LqRANATO, Mayor
ATTEST/AUTHENTICATED:
bnkTA JE XTO
City Cle Treasurer
APPROVED AS TO FORM:
ROD--P.-KASEGOMA, City Attorney
FILED WITH THE CITY CLERK: February 5, 1991
APPROVED BY THE CITY COUNCIL: February 28, 1991
PUBLICATION DATE: March 6, 1991
EFFECTIVE DATE:
POSTING DATE. March 6, 1991
ORDINANCE NO. 91-12
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I, DONNA JEAN BUXTON, City Clerk -Treasurer of the City of
Winslow, Washington, certify that the attached copy of
Ordinance No. 91-12 is a true and correct copy of the original
ordinance passed on the 28th day of February, 1991, as that
ordinance appears on the Minute Book of the City.
DATED this 28th day of February , 1991.
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DONNA JEAN-'ttJXTOI4
City Clerk -Treasurer
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