926_00001ORDINANCENO._9_2_6
ANORDINANCEORDERINGTHE IMPROVEMENTIN THE LOWERPENINSULAAREABYCONSTRUCTINGANDINSTALLINGASANITARYSEWERSYSTEMANDCONNECTINGTOEXISTINGSEWERFACILITIESATPENINSULADRIVEANDWANAPUMDRIVEINACCORDANCEWITHRESOLUTIONNO.925 OF THE CITYCOUNCILOFTHECITYOFMOSESLAKE,WASHINGTON;ESTABLISHINGLOCALIMPROVEMENTDISTRICTNO.43;PROVIDINGTHEMETHODOF ASSESSMENTINSAIDDISTRICTPAYABLEBYMODEOF"PAYMENTBY BONDS";ANDPROVIDINGFORTHEISSUANCEFORSALEOFLOCALIMPROVEMENTDISTRICTWARRANTSREDEEMABLEINCASHANDLOCALIMPROVEMENTSDISTRICTBONDS
WHEREAS,by Resolution No.925 adopted March 20,1979 the City Council of the City ofMosesLake,Washington,declared its intention to improve the lower Peninsula area byconstructingandinstallingasanitarysewersystemandconnectingtoexistingsewerfacilitiesatPeninsulaDriveandWanapumDriveintheCouncilChambersinCityHall,Moses Lake,Washington,as the time and place for hearing all matters relatingtosaidimprovementandallobjectionstheretoandfordeterminingthemethodofpaymentofsaidimprovement;and
WHEREAS,the City Engineer's Office has caused an estimate to be made of the costsandexpenseofeachcontinuousunitoftheproposedimprovementandhascertifiedsaidestimatetotheCityCouncil,together with all papers and information in itspossessiontouchingtheproposedimprovement,a description of the boundaries of theDistrict,a statement of what portion of the cost and expense of the improvementshouldbebornebythepropertywithintheproposedDistrict,a statement in detailofthelocalimprovementassessmentsoutstandingorunpaidagainstthepropertyintheproposedDistrictandastatementoftheaggregateactualvaluationoftherealestate,including 25%of the actual valuation of the improvements in the proposedDistrict,according to the valuation last placed upon it for the purpose of generaltaxation;andiWHEREAS,said estimate is accompanied by a diagram of the proposed improvementshowingthereonthelots,tracts,parcels of land,and other property which will bespecificallybenefitedbyeachcontinuousunitoftheproposedimprovement,and theestimatedamountofthecostandexpensethereoftobebornebyeachlot,tract andparceloflandorotherproperty;and
WHEREAS,due notice of the hearing on Resolution No.925 was given in the mannerprovidedbylawandsaidhearingwasheldbytheCityCouncilonApril24,1979:continued on May 8,1979;continued on June 12,1979 and all written protests filedwiththeCityCouncilonorbeforesaiddatesweredulyconsidered;and
WHEREAS,it has been further determined to be in the best interests of the City thatthesaidimprovement,as hereinafter described,be carried out and that a localimprovementdistrictbecreatedinconnectiontherewith,NOWTHEREFORE,
THECITY COUNCILOF THECITY OF MOSESLAKE,WASHINGTON,DO ORDAINAS FOLLOWS:
Section 1.It is hereby ordered that the sewer improvement in the City of MosesLake,Washington,and the construction,be ¢arried out,to wit:
Kennedy-Wutzke Addition;Hughes Replat;Vance-Emery Subdivison;YoungAddition;Loop Plat;Free Methodist Plat;Lloyd's Addition;PenvistaiAddition;Lorraine Estates;all or a portion of the Battery OrchardTracts#32 through 52,55 through 65,139 through 184,Baylord Place;and Municipal Tract #6.
All of the foregoing shall be in accordance with the plans and specifications there-fore prepared by the City Engineer's office.
Section 2.The estimated cost and expense of said improvement is hereby declared tobe$476,778.
The entire cost and expense of said improvement shall be borne by and assessedaneinstthepropertyspeciallybenefitedbysuchimprovementtobeincludedin thelocalimprovementdistricthereinafterestablishedembracing,as near as may be,allpropertiesspeciallybenefitedbysuchimprovement.
Section 3.There is hereby created and established a local improvement district to beknownas"Local Improvement District No.43 ",which District is described as followsandincludesthefollowingdescribedproperties:
Kennedy-Wutzke Addition;Hughes Replat;Vance-Emery Subdivision;YoungAddition;Loop Plat;Free Methodist Plat;Lloyd's Addition;PenvistaAddition;Lorraine Estates;all or a portion of the Battery Orchard
Tracts #32 through 52,55 through 65,193 through 184,Gaylord Place;and Municipal Tract #6.
Section 4.The nature of the improvement provided by herein is such that the specialbenefitsconferreduponthepropertyinthelocalimprovementdistricthereincreated
are fairly reflected by the use of zone-and-termini method of assessment thereforeanditisherebyprovidedandorderedthattheassessmentsshallbemadeagainstthepropertyoftheDistrictinaccordancewiththezone-and-termini method provided bystatute.
Section 5.Local Improvement District warrants shall be issued in payment of thecostandexpenseoftheimprovementhereinordered,such warrants to be payable outofthe"Local Improvement Fund,District No.43",hereinafter created,to bear inter-est from the date thereof at a rate to be hereafter fixed by ordinance,not to exceed9%per annum,and to be redeemed in cash,and/or by local improvement district bondshereinauthorizedtobeissued.Such bonds shall bear interest at a rate to behereafterfixedbyordinance,not to exceed 9%per annum,shall be payable on orbefore-22-years from the date of issuance,and shall be issued in exchange forandinredemptionofanyandallwarrantsissuedhereunderandnotredeemedincashwithinaperiodnottoexceedsixtydaysafterthefirstpublicationbytheCityTreasurerofnoticethattheassessmentrollfor"Local Improvement District No.43"is in his hands for collection.The bonds shall 4xy redeemed by the collection ofspecialassessmentstobeleviedandassesseduponthepropertywithinsaidDistrict,
payable in 20 equal annual installments,with interest at a rate to be hereafterfixedbyordinance,not exceeding 9%per annum,under the modeof "paymentbybonds,"
as defined by law and the ordinances of the City of Moses Lake.In the case ofdefaultinthepaymentofanyassessmentwhenthesameshallbecomedue,there shallbeaddedinterestataratetobehereafterfixedbyordinance,not to exceed 9%perannum,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 hereafterfixedbyordinanceoftheCityCouncil.Said warrants and bonds shall be sold insuchmannerastheCity-Council shall hereafter determine.
Section 6.All the work necessary to be done in connection with the making of saidimprovementshallbedonebyandmadebycontractuponcompetitivebidsandtheCityshallhaveandreservestherighttorejectanyandallbids.The call for bids for
work authorized pursuant to the Ordinance shall include a statement that payment forsaidworkwillbemadeincashwarrantsdrawnupon"Local Improvement Fund DistrictNo.43 "of Local Improvement District No.43 of the City of Moses Lake,Washington.
Section 7.There is created and established in the Office of the City Treasurer of
the City of Moses Lake,for Local Improvement District No.43,a special fund to be
known and designated as Local Improvement Fund District No.43,into which fund of
local improvement district revenue warrants of the District herein authorized,to be
issued and sold and collections pertaining to assessment and against which fund cash
warrants shall be issued with said improvement and against which fund cash warrantsshallbeissuedinpaymentofallotheritemsofexpenseinconnectionwithsaid
improvement.
PASSEDby the City Council and APPROVEDby th Mayor this _24tyday of July ,1979.
MA Y 0 RAT.
City C er
ROVEDAS TOFR :
ty tt rney
sh:7/31/79