806_00001ORDINANCE NO.806
AN ORDINANCE ORDERING STREET IMPROVEMENTS IN THE KNOLLS VISTAiAREAADJACENTTOLOT1OFKNQLLSVISTA#7 ADDITION;LOTS 1THROUGH29OFKNGOLSVISTA#12 ADDITION:LOTS 1 THROUGH 82 OFRNOLLSVISTA#13 ADDITIONT LOT 5 OF ENOLLS VISTA #ll ADDITION:AND LOT #1,LOTS 7 THROUGH 12,AND LOTS 14 THROUGH 17 OF KNOLLSVISTA#15 ADDITION BY RESURFACING WITH ASPHALTIC CONCRETE PAVE-MENT,REPAIRING CONCRETE CURBING AND STORM DRAINAGE IN ACCORDANCEWITHRESOLUTIONNO.796 OF THE CITY COUNCIL OF THE CITY OF MOSESLAKE,WASHINGTON:ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO.36ANDPROVIDINGTHEMETHODOFASSESSMENTINSAIDDISTRICT:PRO-VIDING THAT PAYMENT FOR SAID IMPROVEMENT BE MADE BY SPECIALASSESSMENTSUPONPROPERTYINSAIDDISTRICTPAYABLEBYTHEMODEOF"PAYMENT BY BONDS":AND PROVIDING FOR THE ISSUANCE AND SALEOFLOCALIMPROVEMENTDISTRICTWARRANTSREDEEMABLEINCASHANDLOCALIMPROVEMENTDISTRICTBONDS.
WHEREAS,by Resolution No.796,adopted January 10,1977,the city Council of the CityofMosesLake,Washington declared its intention to improve the Knolls Vista areaadjacenttoLot1ofKnollsVista#7 Additiony Lots 1 through 29 of Knolls vista #12Addition;Lots 1 through 82 of Knolls Vista #13 Addition;Lot 5 of Knolls Vista #11AdditionandLot#1,Lots 7 through 12,and Lots 14 through 17 of Knolls Vista #15Additionbyresuržacingwithasphalticconcretepavement,repairing concrete curbing andstormdrainage,and fixed the 22nd day of February,1977 at 8:00 o'clock p.m.,in theCouncilChambersintheCityHall,Moses Lake,Washington as the time and.place forhearingallmattersrelatingtosaidimprovementandallobjectionstheretoandfordeterminingthemethodforpaymentofsaidimprovement7aryd
WHEREAS,the City Engineer's Office has caused an estimate to be made of the costs andexpenseofeachcontinuousunitfortheproposedimprovementandhascertifiedsaidesti-·mate to the City Council,together with all papers and information in its possessiontouchingtheproposedimprovement,a description of the boundaries of the District,astatementofwhatportionofthecostandexpenseoftheimprovementshouldbebornebyIthepropertywithintheproposedDistrict,a statement in detail of the local improvementassessmentsoutstandingorunpaidagainstthepropertyintheproposedDistrictandastatementoftheaggregateactualvaluationoftherealestate,including 25%of the -actual valuation of the improvements in the proposed District,according to the valuationlastplaceduponitforthepurposeofgeneraltaxation;and
WHEREAS,said estimate is accompanied by a diagram of the proposed improvement showingthereonthelots,tracts,parcels of land,and other property which will be speciallybenefitedbyeachcontinuousunitoftheproposedimprovement,and the estimated amountofthe'cost and expense thereof to be borne by each lot,tract and parcel of land orotherproperty;and
WHEREAS,due notice of the hearing on Resolution No.796 was given in the manner providedbylawandsaidhearingwasheldbytheCityCouncilonFebruary8,1977,and all writtenprotestsfiledwiththecityCouncilonorbeforesaiddatesweredulyconsidered;and
WHEREAS,it has been further determined to be in the best interests of the City that thesaidimprovement,as hereinafter described,be carried out and that a local improvementdistrictbecreatedinconnectiontherewith,NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON,DO ORDAIN AS FULLOWS:
Section 1.It is hereby ordered that the i.mprovement of the following described area intheCityofMosesLake,Washington,and the construction,be carried out,to wit:
Knolls vista Addition 7,Lot 1XnollsvistaAddition12,Lots 1 through 29KnollsVistaAddition13,Lots 1 through 82KnollsVistaAddition11,Lot 5KnollsVistaAddition15,Lots 1,7 through 12 and 14 through 17
All of the foregoing shall be in accordance with the plans and specifications thereforeipreparedbytheCityEngineer's office.
Section 2.The estimated cost and expense of said improvement is hereby declared to be$94,425.86.
The entire cost and expense of said improvement shall be borne by and assessed againstthepropertyspeciallybenefitedbysuchimprovementtobeincludedinthelocalimprove-ment district hereinafter established embracing,as near as may be,all propertiesspeciallybenefitedbysuchimprovement.
ORDINANCE NO.L:2
Sec_t 3.There is hereby created and establishéd a local improvement district .to beknownas"Local Improvement District No.36",which District is described as followsandincludesthefollowingdescribedproperties:
Knolls Vista Addition 7,Lot iKnollsVistaAddition12,Lots 1 through 29KnollsVistaAddition13,Lots 1 through 82KnollsVistaAddition11,Lot 5KnollsVistaAddition15,Lots 1,7 through 12 and 14 through 17
Section 4.The nature of the improvement provided for herein is such that the specialbenefitsconferreduponthepropertyinthelocalimprovementdistricthereincreated arefairlyreflectedbytheuseofmone-and-termini method of assessment therefore and it isherebyprovidedandorderedthattheassessmentsshallbemadeagainstthepropertyoftheDistrictinaccordancewiththezone-and-termini method provided by statute.
Section 5.Local Improvement District warrants shall be issued in payment of the costandexpenseoftheimprovementhereinordered,such warrants to be payable out of the -"Local Improvement Fund,District No.369,hereinafter created,to bear interest fromthedatethereofataratetobehereafterfixedbyordinance,not to exceed 9¾per annum,and to be redeemed in cash,and/or by local improvement district bonds herein authorized
to be issued.Such bonds shall bear interest at a rate to be hereafter fixed by ordinance,not to exceed 9¾per annum,shall be payable on or before twelve years from the date ofissuance,and shall be issued in exchange for and in redemption of any and all warrantsissuedhereunderandnotredeemedincashwithinaperiodnottoexceedsixtydaysafterthefirstpublicationbythecityTreasurerofnoticethattheassessmentrollfor"Local
Improvement District No.36"is in his hands for collection.The bonds shall be redeemedbythecollectionofspecialassessmentstobeleviedandassesseduponthepropertywithinsaidDistrict,payable in ten equal annual installments,with interest at a rate to behereafterfixedbyordinance,not exceeding 9%per annum,under the mode of "paymentbybonds,"as defined by law and the ordinances of the City of Moses Lake.In the came ofdefaultinthepaymentofanyassessmentwhenthesameshallbecomedue,there shall beaddedinterestataratetobehereafterfixedbyordinance,not to exceed 9%per annum,and a penalty of 9¾which shall also be collected.The exact amount,form,date,interest rate,and denominations of said warrants and bonds shall be hereafter fixed byordinanceoftheCityCouncil.Said warrants and bonds shall be sold in such manner astheCityCouncilshallhereafterdetermine.
Section 6.All the work necessary to be done in connection with the making of saidimprovementshallbedonebyandmadebycontractuponcompetitivebidsandthecityshallhaveandreservestherighttorejectanyandallbids.The call for bids forworkauthorizedpursuanttothisordinanceshallincludeastatementthatpaymentsforsaidworkwillbemadeincashwarrantsdrawnuponthe"Local Improvement District No.36"of Local Improvement District No.36 of the City of Moses Lake,Washington.
Section 7.There is created and established in the Office of the City Treasurer of theCityofMosesLake,for Local Improvement District No.36 ,a special fund to be known and .designated as Local Improvement Fund District No.36:into which fund shall be depositedtheprincipalamountplusaccruedinterestreceivedfromthesaleoflocalimprovementdistrictrevenuewarrantsoftheDistricthereinauthorized,to be issued and sold andcollectionspertainingtoassessmentandagainstwhichfundcashwarrantsshallbeissuedtothecontractororcontractorsinpaymentoftheworktobedoneby.them in connectionwithsaidimprovementandagainstwhichfundcashwarrantsshallheissuedinpayment ofallotheritemsofexpenseinconnectionwithsaidimprovement.
Section 8.That a public hearing has been held regarding the improvement of this street.Therefore,the provisions of Section 17 of Ordinance 474 are hereby waived.This Ordinanceshallonlybereadoncebeforeitspassageandshalltakeeffectimmediatelyafterpassageandpublication.
PASSES by the City Council and APPROVED by the Mayor of the city of Moses Lake,washington,at a regul his Sth day of
City Clerk */M A YOR
APPROVE O
City Mtorney
ORDINANCE No._Bjl7
AN ORDINANCE AMENDING CHAPTER 5.2 OF THE MOSES LAKE CITY CODE,ENTITLED"GARBAGE COLLECTION"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON,DO ORDAIN AS FOLLOWS:
Section 1.That section 5.2.08 of chapter 5.2 be amended as follows:
I 5.2.08 INTENT.The maintenance of health and sanitation require,and it istheintentionhereoftomake,the collection,removalt and disposal of garbage,refuse and dead animals within the City of Moses Lake compulsory.The Citystaffisauthorizedtomakeexceptionstomandatorycollectionunderthefollowingcircumstances:If a building is used for storage or similar type useandhasnolivingquarters;no office facilities;no water or sewer (eitherpublicorprivate)connected to the facility;and no garbage,provided anotarizedaffidavitofnogarbageisfiledwiththeCity.
Section 2.This ordinance shall take effect and be in force five (5)days afteritspassageasprovidedbylaw.
PASSED by the City Council of the City of Moses Lake,Washington,and APPROVED byitsMayorthisghdayofysycy,1977.
M'ayor /
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
I