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ORD 79-21 ORDERING THE IMPROVEMENT OF UNDERGROUND POWER SYSTEMORDINANCE NO. 79 - 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, ORDERING THE IMPROVEMENT OF A PORTION OF THE CITY BY THE CONSTRUCTION AND INSTALLATION OF AN UNDERGROUND POWER TRANSMISSION SYSTEM, TOGETHER WITH NECESSARY APPURTENANCES,IN ACCORDANCE WITH RESOLUTION NO. 79-03 OF THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 7; PROVIDING THAT PAYMENT FOR THE IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON PROPERTIES IN THE DISTRICT, PAYABLE BY THE MODE OF "PAYMENT OF BONDS"; AND PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS REDEEMABLE IN CASH AND LOCAL IMPROVEMENT DISTRICT BONDS. WHEREAS, by Resolution No. 79-03 adopted July 16, 1979, the City Council of the City of Winslow, Washington, declared its intention to improve a portion of the City by the construction and installation of a municipal underground power transmission district to assess the cost and expense of carrying out such improvement against the properties specially benefited thereby and fixed the 28th day of August, ]_979, at 7:30 o'c]ock p.m. (PDT), at the City Hail, State Fjghway 305 and Winslow Way East, Winslow, Washington, as the time and place of hearing a]] matters relating to the proposed improvement and all objections thereto and for determining the method of payment for that improvement; and WHEREAS, the City of Winslow Engineering Office caused an estimate to be made of the costs and expenses of the proposed improvement and certified that estimate to the City Council, together with all papers ann information in their possess]on relating to the proposed improvement, a description of the boundaries of the District, a statement of what port]on of the cost and expense of the improvement should be borne by the properties withiD the proposed District, an~ a statement of the aggregate actual valuation of the real estate, including twenty five percent ~25%) of the actual valuation of the improvements in the proposed District, according to the valuation last placed upon it fcr the purpose of genera] taxat]on; and WHEREAS, that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts, parcels - 1 - Of lands and other property which w]]] be specially benefited by the proposed improvement, and the estimated amount of the cost and expense thereof to be borne by each lot, tract and parcel of ]and or other property; and WHEREAS, due notice of the hearing upon Resolution No. 79-03 was given in the manner required by law; and a]~l objections to the proposed improvements presented to the City Council on or before the hearing date were duly considered by the City Council. and overruled; and all persons appearing at the hearing were heard; and WHEREAS, the City Council deems it necessary and in the best interests of the City that the improvement as hereinafter described be carried out and that a local ~mprovement district be created in connect]on therewith; NOW, THEREFORE, The City Council of the City of Winslow, Washington DOES ORDAIN as follows: Sect]on 1. It is hereby ordered that the portion of the City described in Exhibit "A" attached hereto and by this reference made a part hereof be improved by constructing an underground power transmission system, together with necessary appurtenances, all as more specifically described in Exhibit "B" attached hereto and by this reference made a part hereof. All of the foregoing shall be in accordance with the plans ann specifications therefor prepared by the City of Winslow Engineering Office. The City of Winslow may modify the deta].]s of the foregoing ~mprovement provided such modifications are deemed necessary or advisable in the judgment of the City Council add will not substantially change the purpose for which such improvement to be made. Section 2. There is hereby created and established a local improvement district to be known and designated as "Local Improvement District No. 7 of the City of Winslow, Washington", the boundaries thereof being more particularly described in Exhibit "A" attached hereto and by this reference incorporated - 2 - herejn. Section 3. The total estimate~ standard construct]on cost of such improvement is hereby declared to be Twelve Thousand Dollars ($12,000.00), and the entire cost and expense of such improvement shall be borne by and assessed against the properties specially benef]ted by such improvement included in the local ~mprovement district herein establisheel embracing as near as may be all properties specia]!y benefited by such improvement. Section 4. ID 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 5. Local improvement d].strict warrants shall be issued in payment of the cost ann expense of the improvement, such warrants to be payable out of the "Local Improvement Fund, District No. 7, hereinafter created, to bear interest from the date thereof at a rate to be hereafter fixed by ordinance not exceeding the maximum rate permitted by law and to be redeemed in cash, and/or by local improvement district bonds herein authorized to be issued, the interest bearing warrants to be hereafter referred to as "revenue warrants". The bonds sba]l bear interest at a rate to be hereafter fixed by ordinance not exceeding the maximum rate permitted by law, shall be payable on or before twelve (!2) years from the date of issuance, the life of the improvement ordered being not less than twelve (12) years, and shall be issued in exchange for and in redemption of any and all revenue warrants issue~ hereunder and not redeemed in cash within a period not to exceed sixty (60) Nays after the first publication by the City Treasurer of notice that the assessment roll for "Local Improvement District No. 7 is in her hands for collection. The bonds shall be redeemed by the collection of special assessments to be levied and assessed upon the property within the District, payable in ten (]0) equal annual installments with interest at a rate to be - 3 - hereafter fixe~ by ordinance not exceeding the maximum rate permitte~ by law, under the mode of "payment by bonds", as ~efine~ by law and the ordinances of the City of Winslow. In the case ef default ~n the payment of any assessment when the same shall become due, there shall be added interest at a rate to be hereafter f~xed by ordinance not to excee~ the maximum rate permitted by law end a penalty of nine percent (9%) shall also be co]!ected. The exact form, amount, date, interest rate and deDom]nat]ons of the warrants and bonds shall be hereafter fixed by ordinance of the City Counc]!. The warrants and bonds shall be sold in the manner the City Council shall hereafter determine. Section 6. All work necessary to be done in connect]on with the making of that improvement shall be done by ~nd made by contract upon competitive bi~s and the City shall have and reserves the right to reject any an~ a]~ bi~s. All contracts authorized pursuant to this ordinance shall include a statement that paymeDt for such work will be m~de in cash warrants drawn upon the "Local Improvement Fund, D~strict No. 7" Section 7. There is hereby create~ and established ]n the office of the City Treasurer of the City of Winslow, for "Local Improvement Fund, D~str]ct No. 7", into which fund shall be deposited the proceeds from the sale of revenue warrants drawn against that fun~ 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 of all other items of expense ]n connection with the improvement. Section 8. This ordinance shall become effective five (5) days after publication or posting in the manner provided by law. - 4 - PASSED by the City Council and approved by the Mayor of the City of W~nslow, Washington, at a regular open public meeting thereof, this 4tb day of September, 1979. ALICE B. ITAWRESEY, MAWR ATTEST: APPROVED AS TO FORM: OF MCKISSON, LEHNE AND ASSOCIATES CITY ATTORNEY - 5 - II CITY OF WINSLOW LID4~7 ON-TO-FROM DESCRIPTION The construction and installation of approximately 1080 lineal feet of underground power conversion with surface transformer; install overhead service to existing customers; and approximately 1080 linea] feet of trenching, back fill and restoration all of which is located within the city limits of the City of Winslow. IMP Conversion from over- head to underground power transmission ON WINSLOW WAY W. LOVELL AVE. S.W. TO TERMINUS AT EAGLE HARBOR 340'+ SOUTH OF WINSTOW WAY W. FROM LOVELL AVE. S.W. WINSLOW WAY W. Together with the installation of overhead connections to existing homes not desiring underground service and appurtenances thereto being one continuous unit of ~mprovement. EXHIBIT B