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534_00001ORDINANCE NO.534 AN ORDINANCE ORDERING THE IMPROVEMENT OF STRATFORDROADFROMTHEINTERSECTIONOFSTRATFORDROADANDVALLEYROADTOAPOINT1,371.68 FEET NORTH OF SUCH INTERSECTION BY GRADING,GRAVELLING,CONSTRUCTING AND INSTALLING STORM DRAINAGE,CURBS,SIDEWALKS,ANDASPHALTCONCRETEPAVEMENT,ALL IN ACCORDANCE WITHRESOLUTIONNO.363 OF THE CITY OF MOSES LAKE,WASH- INGTON:ESTABLISHING LOCAL IMPROVEMENT DISTRICTINO.21;PROVIDING THAT PAYMENT FOR SAID IMPROVEMENTSBEMADEINPARTBYSPECIALASSESSMENTSUPONPROPERTYINSAIDDISTRICTPAYABLEBYTHEMODEOF"PAYMENT BYBONDS";AND PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS REDEEMABLEIN CASH AND LOCAL IMPROVEMENT DISTRICT BONDS. WHEREAS,by Resolution No.363,adopted June 8,1965,theCityCounciloftheCityofMosesLakedeclareditsintentiontoimprove, pursuant to contract with the Washington State Highway Commission,Department of Highways,Stratford Road from the intersection of StratfordRoadandValleyRoadtoapoint1371.68 feet North of such intersection bygrading,gravelling,constructing and installing storm drainage,curbs, sidewalks and asphalt concrete pavement,and to create a local improve- ment district to assess a part of the cost and expense of said improve- ments against the properties in such district specially benefited thereby,and notified all persons who may desire to object to said improvements toappearandpresenttheirobjectionsatameetingoftheCityCounciltobeheldonthe13thdayofJuly,1965,at 8:00 o'clock P.M.(PDST)intheCouncilChambersintheCityHallintheCityofMosesLake,Wash- ington;and i WHEREAS,Pat Nevins,Public Works Director,has caused an est-imate to be made of the costs and expenses of the proposed improvementandhascertifiedsaidestimatetotheCityCouncil,together will all papers and information in his possession touching the proposed improvement, a description of the boundaries of the District,a statement of what portionofthecostandexpenseoftheimprovementshouldbebornebythepropertywithintheproposeddistrict,and a statement in detail of the local improve-ment assessments outstanding or unpaid against the property in the proposed district,and a statement of the aggregate actual valuation of the real estate,including 25%of the actual valuation of the improvements in the proposeddistrict,according to the valuation last placed upon it for the purpose ofgeneraltaxation;and WHEREAS,said estimate is accompanied by a diagram of the proposedimprovementshowingthereonthelots,tracts,parcels of land,and other property which will be specially benefited by the proposed improvement,andtheestimatedamountofthecostandexpensethereoftobebornebyeachlot,tract,and parcel of land or other property;and WHEREAS,due notice of the hearing upon said Resolution No.363 wasgiveninthemannerprovidedbylawandsaidhearingwasheldbytheCityiCouncilonJuly13,1965,and all written protests filed with the City Councilonorbeforesaiddateweredulyconsideredandallpersonsappearingatsaidhearingwereheard;and WHEREAS,the City Council has determined it to be in the bestinterestsoftheCitythatthesaidimprovements,as hereinafter described,be carried out and that a local improvement district be created in connectionherewith,NOW,THEREPORE, Ordinance No.534 (Continued) THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON,DOORDAINASFOLLOWS: Section 1.It is hereby ordered that,pursuant to contract with Washington State Highway Commission,Department of Highways,i Stratford Road from the intersection of Stratford Road and Valley Road to a point 1371.68 feet North of such intersection be improved bygrading,gravelling,constructing and installing storm drainage, curbs,sidewalks and asphalt concrete pavement,all in accordance with the plans and specifications therefor prepared by the Washington State Highway Commission,Department of Highways . Section 2 .There is hereby created and established a local improvement district to be called "Local Improvement District No.21 of the City of Moses Lake,Washington",which District is described as follows and contains the following areas: The North 223.0 feet of Vista Corner Addition No.2 lying within 190.0 feet of the centerline of StratfordRoadandallofTract1,of the Replat of Park Orchard Tracts,as per plat filed February 2,1925,records of Grant County,Washington,and all of Tract 3 and 4 of Plat of Park Orchards Tracts as per plat filed December 7, 1914,records of Grant County,Washington,lying withinthefollowingdescribedboundaries;beginning at the quarter corner common to Section 14 and 15 in Township 19 North, Range 28 EWM.,thence North 0°14'29"East along theiSectionlinebetweensaidSection14and15adistance of330.0 feet to the true point of beginning;thence North 89°36'32"West a distance of 190.0 feet;thence North 0°14'29"East a distance of 1041.86 feet;thence South 89°36'29"West a distance of 190.0 feet,thence South 0°14'29"West a distance of 1041.86 feet to the truepointofbeginningandtheSouth30feetoftheWest 180 feet of the Southwest Quarter (SWÀ)of the Northwest Quarter (NWÀ)of the Northwest Quarter (NW¼)of 'Section 14,Township 19 North ,Range 28 EWM and theWest180feetoftheSouthwestQuarter(SWi)of theNorthwestQuarter(NW¼)of Section 14,Township 19 North, Range 28 EWM,,EXCEPT Penhallurick-Coy Addition as perplatrecordedinVolume4ofPlats,page 29,and EXCEPT Penhallurick-Coy Addition No.2 as per plat recorded in Volume 5 of Plats,page 7,records of Grant County,Washingtonsaidareasbeingthepropertiesspeciallybenefittedbytheimprovement. Section 3.The total estimated cost of the improvement,being onecontinuousunit,is hereby declared to be $52,000.00. I Section 4.Not to exceed 40 per cent of the cost and expense of said improvement shall be borne by and assessed against the propertyspeciallybenefittedbysuchimprovementincludedintheloodlimprove- ment district herein established,embracing,as near as may be,allpropertyspeciallybenefittedbysuchimprovement,and the balance ofcostandexpenseofsaidimprovementshallbebornebytheCityofMosesLake. Ordinance No.534 (Continued) Section 5.The nature of the improvement provided for herein is such that the special benefits conferred upon the property inthelocalimprovementdistricthereincreatedarefairlyreflected by the use of zone-and-termini method of assessment therefor and it is i hereby provided and ordered that the assessment shall be made against the property of the District in accordance with the 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.21"hereinafter created, to bear interest from the date thereof at a rate to be hereafter fixed by or-dinance not to exceed 6 per cent per annum and to be redeemed in cash,and/or by local improvement district bonds therein authorized to be issued,said interest bearing warrants to be hereafter referred to as"revenue warrants."Such bonds shall bear interest at a rate to be hereafter fixed by ordinance not exceeding 6 per cent per annugi,shallbepayableonorbeforetwelve(12)years from the date of issuance,thelifeoftheimprovementorderedbeingnotlessthantwelve(12)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 sixty (60)days after the first publication by the City Treasurer of notice that the assessment roll for Local Improvement District No.21 is in her hands for collection.The bonds shall be redeemed by the collection of special assessment to be levied and assessed upon the property within said District,payableiinten(10)equal annual installments,with interest at a rate to be hereafter fixed by ordinance not exceeding six (6)per cent per annum,under the mode of "payment by bonds,"as defined by law and theordinancesoftheCityofMosesLake.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 six (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 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.21." Section 8.There is hereby created and established in the office of the i City Treasurer of the City of Moses Lake,for Local Improvement District No.21,a special fund to be known and designated as "Local Improve- ment Fund,District No.21,"into which fund shall be deposited theproceedsfromthesaleofrevenuewarrantsdrawnagainstsaidfundwhichmaybeissuedandsoldbytheCityandcollectionspertaining to assessments,monies to be contributed by the City and from anyothersource,and against which fund shall be issued cash warrants to the contractor or contractors in payment for the vork to be done bytheminconnectionwithsaidimprovementandagainstwhichE-md Ordinance No.534 (Continued) 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 CityodwMosLa.ke,Washington,at a regular meeting thereof,this 10th ATTEST: ori City Clerk APPROVED AS TO FORM: CÑ Attorney i i