548_00001ORDINANCE No.548
AN ORDINANCE ordering the improvement of Wheeler Road
from the intersection of Pioneer Way to State Highway 11G
by grading,graveling,constructing and installing stormidrainage,curbs and gutters,sidewalks,retaining wall and
asphaltic concrete pavement and traffic signals,all in
accordance with Resolution No.396 of the City Council of
the City of Moses Lake,Washington;establishing Local
Improvement District No.22;providing that payment for aportionofsaidimprovementbemadebyspecialassessments
upon property in said district payable by the mode of "paymentbybonds;"and providing for the issuance and sale of local
improvement district warrants redeemable in cash and localimprovementdistrictbonds.
WHEREAS,by Resolution No.396,adopted June 14,1966,the City Council
of the City of Moses Lake declared its intention to improve Wheeler Road from
the intersection of Pioneer Way to State Highway 11G by grading,graveling,
constructing and installing storm drainage,curbs and gutters,sidewalks,
retaining wall and asphaltic concrete pavement and traffic signals,and to create
a local improvement district to assess a part of 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 5th day of July,1966,at 8 o'clock p.m.in the Council Chambers
in the City Hall in the City of Moses Lake,Washington;and
WHEREAS,K.Patrick Nevins,Public Works Director of the City of Moses Lake,
has caused an estimate to be made of the costs and expenses of the proposed
improvement and has certified said estimate to the City Council,together
with all papers and information in his possession touching the proposed improvement,
I 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 prolerty within the
district,and a statement in detail of the local improvement assessments out-
standing 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 proposed district,according to the valuation
last placed upon it for the purpose of general taxation,and
Ordinance No.548 (Continued)
WHEREAS,said 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 amount of the cost and expense thereof to be borne by
each lot,tract,and parcel of land or other property;and
WHEREAS,due notice of the hearing upon said Resolution No.342 was given
in the manner provided by law and said hearing was held by the City Council
on July 5,1966,and all written protests filed with the City Council on or
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,
THEREPORE
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON DO ORDAIN
AS FOLLOWS:
Section 1.It is hereby ordered that Wheeler Road from the intersection
of Pioneer Way to State Highway 11G be improved by grading,graveling,con-
structing and installing storm drainage,curbs and gutters,sidewalks,
retaining wall and asphaltic concrete pavement and traffic signals,all in
accordance with the plans and specifications therefor prepared by the Public
Works Director .
Section 2 .There is hereby created and established a local improvement
ke,ct tash
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cribecd aNo.o 12 of tahndCo
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following areas:
That portion of Holmes Commercial plat and Commercialplat,Lot 1,lying South of a line between a point whichis42.37 feet North of the Southwest corner of HomesCommercialplat,Lot 1,to a point which is 150.17 feetNorthoftheSoutheastcornerofCommercialplat,Lot 1)the South one-half of Lot 2 and all of Lots 4 and 5 of
Commercial Addition;all of the area lying within 190feetofcenterlineofWheelerRoadfromtheEastproperty
Ordinance No.548 (Continued)
line of Lot 5,Commercial plat to the East property lineofFleetAdditionplat;and all of the Weeseler Addition
plat and all of the area lying within 190 feet of thecenterlineofWheelerRoadfromtheWesselerAddition
i plat to the West boundary of Lot 10 of Terrace Addition
plat;and the North 90 feet of Lots 1 through 10 of the
Terrace Addition plat,all in the City of Moses Lake.
Section 3.The total estimated cost and expense of said improvement
is hereby declared to be $181,820.00.
Section 4.Of the total estimated cost and expense,$51,072.00
shall be borne by and assessed against the property specially benefited by
the improvement to be included in the local improvement district herein
established and the balance of the cost and expense of the improvement shall
be borne by the City of Moses Lake .
Section 5 .The nature of the improvement provided for herein is
such that the special benefits conferred upon the property in the local
I improvement district herein created are fairly reflected by the use of 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 Dis-
trict 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.22"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 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 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 hereunder and not redeemed in cash within a period not to exceed 60 days
Ordinance No.548 (Continued)
after the first publication by the City Treasurer of notice that the assessment
roll £or Local Improvement District No.22 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 hereafter fixed
by ordinance not exceeding 6%per annum,under the mode of "paymentby
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 annum and a penalty of 6%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 Pund,District
No.22."
Section 8 .There is hereby created and established in the office of
the City Treasurer of the City of Moses Lake,for Local Improvement District
FNu d2.2 a special fund tno knh ha and designateddeaps Local Improvement
from the sale of revenue warrants drawn against said fund which may be
issued and sold by the City and collection pertaining to assessments,
moneys 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
Ordinance No.548 (Continued)
in payment for the work to be done by them in connection with said improve
ment 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,this 12th day of
July,1966.
APPROVED AS TO FORM:
y Attorney
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