911_00001ORDINANCENO.411
ANORDINANCEORDERINGTHE IMPROVEMENTIN THE BROADRIPPLEAREAONNELSONROADBETWEENLAKEWAYDRIVEANDEASTLAKEDRIVEANDAPPROXIMATELY1,200 FEETOF LAKEWAYDRIVEOF BROADRIPPLEADDITIONNO.3 BYGRADING,GRAVELING,CONSTRUCTINGANDIN-STALLINGSTORMDRAINAGE,SIDE LATERALSEWERCONNECTIONS,CURBS,SIDEWALKSANDASPHALTCONCRETEPAVEMENTIN ACCORDANCEWITHRESOLUTION#905 OF THECITY COUNCILOF THE CITY OF MOSESILAKE,WASHINGTON;ESTABLISHINGLOCALIMPROVEMENTDISTRICTNO.42;PROVIDINGTHE METHODOF ASSESSMENTIN SAID DISTRICTPAYABLEBYMODEOF"PAYMENTBY BONBS";ANDPROVIDINGFORTHEISSUANCEFORSALEOFLOCALIMPROVEMENTDISTRICTWARRANTSREDEEMABLEINCASHANDLOCALIMPROVEMENTDISTRICTBONDS.
WHEREAS,by Resolution No.905 adopted September 19,1978 the City CounciloftheCityofMosesLake,Washington,declared its intention to improveNelsonRoadbetweenLakewayDriveandEastlakeDriveandapproximately1,200feetofLakewayDriveofBroadrippleAdditionNo.3 and fixed the 10th day ofOctober,1978 at 8:00 o'clock p.m.in the Council Chambers in City Hall,MosesLake,Washington,as the time and place for hearing all matters relating to saidimprovementandallobjectionstheretoandfordeterminingthemethodofpaymentofsaidimprovement;and
WHEREAS,the City Engineer's Office has caused an estimate to be made of thecostsandexpenseofeachcontinuousunitoftheproposedimprovementandhascertifiedsaidestimatetotheCityCouncil,together with all papers and informa=ntioninitspossessiontouchingtheproposedimprovement,a description of theboundariesoftheDistrict,a statement of what portion of the cost and expenseoftheimprovementshouldbebornebythepropertywithintheproposedDistrict,a statement in detail of the local improvement assessments outstanding or unpaidagainstthepropertyintheproposedDistrictandastatementoftheaggregateactualvaluationoftherealestate,including 25%of the actual valuation oftheimprovementsintheproposedDistrict,according to the valuation last placediuponitforthepurposeofgeneraltaxation;and
WHEREAS,said estimate is accompanied by a diagram of the proposed improvementshowingthereonthelots,tracts,parcels of land,and other property whichwillbespecificallybenefitedbyeachcontinuousunitoftheproposedimprovement,and the estimated amount of the cost and expense thereof to be borne by eachlot,tract and parcel of land or other property;and
WHEREAS,due notice of the hearing on Resolution No.905 was given in the mannerprovidedbylawandsaidhearingwasheldbytheCityCouncilonOctober10,1978 and all written protests filed with the City Council on or before saiddatesweredulyconsidered;and
WHEREAS,it has been further determined to be in the best interests of the Citythatthesaidimprovement,as hereinafter described,be carried out and thatalocalimprovementdistrictbecreatedinconnectiontherewith,NOWTHEREFORE,
THE CITY COUNCILOF THE CITY OF MOSESLAKE,WASHINGTON,DOORDAINAS FOLLOWS:
Section 1.It is hereby ordered that the improvement of the following describedstreetintheCityofMosesLake,Washington,and the construction,be carriedout,to wit:
I Nelson Road between Lakeway Drive and Eastlake Drive andapproximately1,200 feet of Lakeway Drive of BroadrippleAdditionNo.3.
All of the foregoing shall be in accordance with the plans and specificationsthereforepreparedbytheCityEngineer's office.
ORDINANCENO.911
Page 2
Section 2.The estimated cost and expense of said improvement is hereby declared
to be $102,681.
The entire cost and expense of said improvement shall be borne by and assessed
against the property specially benefited by such improvement to be included in
the local improvement district hereinafter established embracing,as near as
may be,all properties specially benefited by such improvement.
Section 3.There is hereby created and established a local improvement district
to be known as "Local Improvement District No.42 ",which District is described
as follows and includes the following described properties:
Lot No.67 of Broadripple Addition No.1;Lots 1 through 29 of
Broadripple Addition No.3;that parcel of property located in
the Southeast quarter of the Southeast quarter of Section 22,
Township 19N,Range 28 E.q.M between the South line of Section 22
and 120'North of said South line and between the East line of
Section 22 and the high water line of Moses Lake.
Section 4.The nature of the improvement provided by 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 zone-and-termini method of
assessment therefore and it is hereby provided and ordered that the assessments
shall be made against the property of the District in accordance with the zone-and-termini method provided by statute.
Section 5.Local Improvement District warrants shall be issued in payment of
the cost and expense of the improvement herein ordered,such warrants to be payable
out of the "Local Improvement Fund,District No.42",hereinafter created,to
bear interest from the date thereof at a rate to be hereafter fixed by ordinance,
not to exceed 9%per annum,and to be redeemed in cash,and/or by local improvemen
district bonds herein authorized to be issued.Such bonds shall bear interest
at a rate to be hereafter fixed by ordinance,not to exceed 9%per annum,shall
be payable on or before twelve years from the date of issuance,and shall be
issued in exchange for and in redemption of any and all warrants issued hereunder
and not redeemed in cash within a period not to exceed sixty days after the first
publication by the City Treasurer of notice that the assessment roll for "Local
Improvement District No.42"is in his 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 equal annual installments,
with interest at a rate to be hereafter fixed by ordinance,not exceeding 9%
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 9%per annum,and a penalty of 9%
which shall also be collected.The exact amount,form,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 6.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 reserves the right to reject any and all bids.The
calT for bids for work authorized pursuant to the Ordinance shall include a
statement that payment for said work will be made in cash warrants drawn upon
"Local Improvement Fund District No.42"of Local Improvement District No.42
of the City of Moses Lake,Washington.
ORDINANCENO,911Page3
Section 7.There is created and established in the Office of the City TreasureroftheCityofMosesLake,for Local Improvement District No.42,a special fundtobeknownanddesignatedasLocalImprovementFundDistrictNo.42,into whichIfundoflocalimprovementdistrictrevenuewarrantsoftheDistricthereinauthora -ized,to be issued and sold and collections pertaining to assessment and againstwhichfundcashwarrantsshallbeissuedwithsaidimprovementandagainstwhichfundcashwarrantsshallbeissuedinpaymentofallotheritemsofexpenseinconnectionwithsaidimprovement.
PASSEDby the City Council and APPROVEDby the May this 14th day of Ñovembr,1978.
MA Y 0 9
A
City Clerk
APPROVED 0 ORM:
i City'Attorney //
I