519_00001ORDINANCE No.519
AN ORDINANCE ORDERING THE IMPROVEMENT OF MARKETSTREET
FROM A POINT 258 FEET WEST OF THE CENTERLINE OF GRAPE DRIVE
TO PAXSON DRIVE BY GRADING,GRAVELING,CONSTRUCTING AND
INSTALLING STORM DRAINAGE,CURBS,SIDEWALKS AND ASPHALT
CONCRETE PAVEMENT,ALL IN ACCORDANCE WITH RESOLUTION
No.342 OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASH-
INGTON;ESTABLISHING LQCAL IMPROVEMENT DISTRICT No.20;i PROVIDING THAT PAYMENT FOR SAID IMPROVEMENT BE MADE BY
SPECIAL ASSESSMENTS UPON PROPERTYIN SAID DISTRICT PAYABLE
BY THE MODE OF "PAYMENT BY BONDS;"AND PROVIDING FOR THE
ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS
REDEEMABLEIN CASH AND LOCAL IMPROVEMENT DISTRICT BONDS
WHEREAS,by Resolution No.342,adopted October 27,1964,the City Council of
the City of Moses Lake declared its intention to improve Market Street from a
point 258 feet West of the centerline of Grape Drive to Paxson Drive by grading,
graveling,constructing and installing storm drainage,curbs,sidewalks and
asphalt concrete pavement,and to create a local improvement district to
assess the cost and expense of said improvements against the properties in
such district specially benefited thereby,and notified all persons who may desire
to object to said improvements to appear and present their objections at a meeting
of the City Council to be held on the 24th day of November,1964,at 8:00 PM
in the Council Chambers in the City Hall in the City of Moses Lake,Washington;and
WHEREAS,the City Engineer's office has caused an estimate to be made of the
costs and expenses of the proposed improvements and has certified said 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 District,
a statement of what portion of the cost and expense of the improvement should be
borne by the property within the proposed district,and a statement in detail of the
local improvement assessments outstanding or unpaid against the property in the
proposed district,and a statement of the aggregate actual valuation of the real
i estate,including 25%of the actual valuation of the improvements in the proposed
district,according to the valuation last placed upon it for the purpose of general
taxation;and
WHEREAS,said estimate is accompanied by a diagram of the proposed improvement
showing thereon the lots,tracts,parcels lf land,and other property which will 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 land or other
Ordinance No.519 (Continued)
property;and
MHEREAS,due notice of the hearing upon said Resolution No.342 was given
in the-manner p4rwi9d6e4dbayn1d lla saend aresngs
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hby teheŒCityœCounciln
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before said date were duly considered and all persons appearing at said hearing were
heard;and
WHEREAS,the City Council has determined it to be in the best interests of the
City that the said improvements,as hereinafter described,be carried out and that
a local improvement district be created in connection herewith,NOW,THEREFORE
THE CITY COUNCIL OF THE CÎTY OF MOSES LAKE,WASHINGTON,DO ORDAIN
AS FOLLOWS:
Section 1.It is hereby ordered that Market Street from a point
258 feet west of the centerline of Grape Drive to Paxson Drive be
improved by grading,graveling,constructing and installing storm
drainage,curbs,sidewalks and asphalt concrete pavement in
accordance with the plans and specifications therefor prepared by
the City Engineer's office.
Section 2.There is hereby created and established a local improvement
district to be called "Local Improvement District No.20 of the City
of Moses Lake,Washington,"which District is described as follows
and contains the following areas:
All of Block 6,Larson Plat,lying North of the following
described line:beginning at a point on the South line of -
Lot 2 which is 53 feet from the Southwest corner of Lot 2;
thence in a Northeasterly direction to a point 120 feet South
and 44.95 feet West of the Northeast corner of Lot 2;thence
in a Southeasterly direction through Lot 2 and Lot 3,Block 6
of Larson Plat,parallel to and lying 150 feet from the center-
line of Market Street;thence along the South boundary line of
Ordinance No.519 (Continued)
Lot 3 to the Southeast corner of Lot 3,and all of Lot 4,
Block 5 ,Larson Plat lying North of the following described
line:beginning at a polnt on the West line of Lot 4 which
is 92 .32 feet South of the Northwest corner of Lot 4;thence
running Northeasterly through Lot 4 to a point on the East
line of Lot 4 which is 6 .75 feet South of the Northeast corner
of Lot 4,and all of Lots 7,8,9 and 10 of Block 7,Larson
Plat and that portion of Lot 6,Block 7 of Larson Plat lying
North of the following described line:beginning at a point
34.12 feet North of the Southwest corner of Lot 6;thence running
Easterly through Lot 6 to a point 2.19 feet North of the Southeast
corner of Lot 6,and all of Lots 1 through 11,inclusive,of
Block 1,Larson Addition No.2 and all of Lots 1,2,3 and 4 of
Block 2 of the Replat of Block 2,Larson Addition No.2 lying
North of the following described line:beginning at a point
on the West line of Block 2 which is 147.18 feet South of the
Northwest corner of Block 2;thence Easterly through Block 2 to
a point on the East line of Block 2 which is 88.20 feet South of
the Northeast corner of Block 2,and all of Lots 1,2,3,4,5,6,
17,18,19,20,21 and 22 of Block 4,Larson Addition No.2
lying North of the following described line:beginning at a point
on the West line of Block 4 which is 381.02 feet South of the
Northwest corner running Easterly through Block 4 to a point
on the East line of Block 4 which is 320.39 feet South of the
Northeast corner of Block 4,and all of Lots 1,2,3,4,5 and 6
of Block 6,Larson Addition No.2 lying North of the following
described line:beginning at a point on the West line of Block 6
which is 320.47 feet South of the Northwest corner of Block 6:
thence running Easterly through Block 6 to a point on the East
line of Block 6 which is 352 .34 feet South of the Northeast corner
of Block 6,said area being the properties specially benefited
by the improvement.
rdinance No,519 (Continued)
Section 3.The total estimated cost and expense of said improvement,
being one continuous unit,is hereby declared to be $29,911.00.
Section 4.The entire cost and expense of said improvement shall
be borne by and assessed against the property specially benefited by
such improvement included in the local improvement district herein
established,embracing,as near as may be,all property specially
benefited by such improvement;EXCEPT,that the City of Moses Lake
will bear a portion of the cost of the improvement where Market Street
borders on the right-of-way line of SSH 17,by applying the zone-and -
termini method of assessment to an area having a depth of 90.00 feet
and a width equivalent to the length of the common boundaries of the
right-of-way lines of SSH ll-G and Market Street.This area is only
to determine the amount to be paid by the City of Moses Lake and is not
included within the boundaries of the Local Improvement District;PROVIDED,
HOWEVER,that in the event the actual total cost and expense of said
improvement shall exceed the preliminary cost estimate of the City
Engineer's office by more than ten per cent,the City shall pay that
portion of said cost and expense which exceeds said ten per cent.
Section 5 .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 are fairly reflected by the use of the zone-and-termini
method of assessment therefor and it is hereby provided and ordered that
the assessments shall be made against the property of the District in
accordance with tle zone-and-termini method provided by statute.
Section 6.Local Improvement District warrants shall be issued in
payment of that portion of the cost and expense of the improvement herein
ordered to be assessed,such warrants to be payable out of the "Local
Improvement Fund,District No.20"hereinafter created,to bear interest
from the date thereof at a rate to be hereafter fixed by ordinance not to
exceed 6%per annum and to be redeemed in cash,and/or by local improve-
ment district bonds therein authorized to be issued,said interest-bearing
warrants to be hereafter referred to as "revenuewarrants."Such bonds
Ordinance No.519 (Continued)
shall bear interest at a rate to be hereafter fixed by ordinance not
exceeding 6 per cent per annum,shall be payable on or before twelve
(12)years from the date of issuance,the life of the improvement ordered
being not less than twelve years,and shall be issued in exchange for
and in redemption of any and all revenue warrants issued hereunder and
not redeemed in cash within a period not to exceed 60 days after the
first publication by the City Treasurer of the notice that the assessment
roll for Local Improvement District No.20 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 said District,payable
in ten (10)equal annual installments ,with interest at a rate to be here-
after fixed by ordinance not exceeding 6 per cent per annum,under the
mode of "payment by bonds,"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 ordinance not to exceed 6 per cent per
annum and a penalty of 6 per cent which shall also be collected.The
exact form,amount,date,interest rate and denominations of said
warrants and bonds shall be hereafter fixed by ordinance of the City
Council.Said warrants and bonds shall be sold in such manner as the
City Council shall hereafter determine.
Section 7.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 reserve the right to reject
i any and all bids.The call for bids for work authorized pursuant to this
Ordinance shall include a statement that payment for said work will be
made in cash warrants drawn upon the "Local Improvement Fund,District
No.20."
Ordinance No.519 (Continued)
Section 8.There is hereby created and established in the office of
the City Treasurer of the City of Moses Lake,for Loal Improvement
District No.20,a special fund to be known and designated as "Local
Improvement Fund,District No.20,"into which fund shall be deposited
the proceeds from the sale of revenue warrants drawn against said fund
which may be issued and sold by the City and collections pertaining
to assessments,monies to be contributed by the City and from any other
source,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 said improvement and against which fund cash warrants shall
be issued in payment of all other items of expense in connection with
said improvement.
PASSED by the City Council and APPROVED by the Mayor of the City of Moses Lake,
Washington,at a regular meeting thereof,thi c
ATTEST:
Cit
APPROVED AS TO FORM:
CgAttorney
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