933_00001ORDINANCENO.93_3
ANORDINANCEORDERINGTHE IMPROVEMENTOF THE NORTHWESTANDNORTHEASTQUADRANTOFTHEHIGHWAY17ANDI-90 INTERCHANGEINSECTIONS25,26,AND36 OF TOWNSHIP19 NORTH,RANGE28 EWMBYCONSTRUCTINGANDINSTALLINGASANITARYSEWERANDWATERSYSTEMANDCONNECTINGTOEXISTINGFACILITIESATSHARONAVENUEANDPIONEERWAYINACCORDANCEWITHRESOLUTION#937 OF THECITYCOUNCILOFTHECITYOFMOSESLAKE,WASHINGTON;ESTABLISHINGILOCALIMPROVB4ENTDISTRICTNO.46;PROVIDINGTHEMETHODOFASSESSMENTINSAIDDISTRICT;PROVIDINGTHATPAYMENTFORSAIDIMPROVEMENTBEMADEBYSPECIALASSESSMENTSUPONPROPERTYINSAIDDISTRICTPAYABLEBYMODEOF"PAYMENTBY BONDS";ANDPRO-VIDINGFORTHE ISSUANCEFORSALEOF LOCALIMPROVEMENTDISTRICTWARRANTSREDEEMABLEINCASHANDLOCALIMPROVB1ENTDISTRICTBONDS
WHEREAS,by Resolution No.937 adopted June 12,1979 the City Council of the City ofMosesLake,Washington,declared its intention to improve the northwest and northeastquadrantoftheHighway17andI-90 interchange in Sections 25,26,and 36 of Town-ship 19 North,Range 28 EWMby constructing and installing a sanitary sewer and watersystemandconnectingtoexistingfacilitiesatSharonAvenueandPioneerWayintheCouncilChambersinthePolice/Justice Court,Moses Lake,Washington,as the time andplaceforhearingallmattersrelatingtosaidimprovementandallobjectionstheretoandfordeterminingthemethodofpaymentofsaidimprovement;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 improvementshouldbebornebythepropertywithintheproposedDistrictsastatementindetailofthelocalimprovementassessmentsoutstandingorunpaidagainstthepropertyinitheproposedDistrictandastatementoftheaggregateactualvaluationoftherealestate,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;and
WHEREAS,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.937 was given in the mannerprovidedbylawandsaidhearingwasheldbytheCityCouncilonJuly10,1979 andallwrittenprotestsfiledwiththeCityCouncilonorbeforesaiddatesweredulyconsidered;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,
THE CITY COUNCILOF THECITY OF MOSESLAKE,WASHINGTON,DOORDAINAS FOLLOWS:
Section 1.It is hereby ordered that the improvement in the City of Moses Lake,i Washington,and the construction,be carried out,to wit:
By constructing and installing a sanitary sewer and water system andconnectingtoexistingfacilitiesatSharonAvenueandPioneerWay.
All of the foregoing shall be in accordance with the pTaos 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$454,290.00.
The entire cost and expense of said improvement shall be borne by and assessedagainstthepropertyspeciallybenefitedbysuchimprovementtobeincludedin thelocalimprovementdistricthereinafterestablishedembracing,as near as ma.ybe,allpropertiesspeciallybenefitedbysuchimprovement.
Section 3.There is hereby created and established a local improvement district to be
known as "Local Improvement District No.46",which District is described as follows
and includes the following described properties:
All property within 330.00 feet of the following described centerline:Beginning at a point on the centerline of Kittleson Road which point is
South 89°19'20"East,705.50 feet of the south quarter corner of Section25,Township 19 North,Œange28 EWM,which is the True Point of Beginning;
thence North 89°19'20"west,705.50 feet;thence north 89°18'10"west,2636.10 feet;thence north 00°32'30"east,3126.02 feet.That portion ofthenortheastquarterofTownship19North,Range 28 EWM,lying within 300feetsouthwesterlyoftherightofwayofPioneerWay,lying easterly of theHighSchoolPlatandlyingsoutherlyofSharonAvenue.
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 thereforeanditisherebyprovidedandorderedthattheassessmentsshallbemadeagainstthe
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 thecostandexpenseoftheimprovementhereinordered,such warrants to be payable outofthe"Local Improvement Fund,District No.46 hereinafter created,to bear interest
from the date thereof at a rate to be hereafter fixed by ordinance,not to exceed 91
per 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 9%per annum,shall be payable on orbeforetwenty-two years from the date of issuance,and shall be issued in exchangeforandinredemptionofanyandallwarrantsissuedhereunderandnotredeemedincashwithinaperiodnottoexceedsixtydaysafterthefirstpublicationbytheCityTreasurerofnoticethattheassessmentrollfor"Local Improvement District No.46"
is in his hands for collection.The bonds shall be redeemed by the collection ofspecialassessmentstobeleviedandassesseduponthepropertywithinsaidDistrict,payable in twenty 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 ofdefaultinthepaymentofanyassessmentwhenthesameshallbecomedue,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 saidimprovementshallbedonebyandmadebycontractuponcompetitivebidsandtheCity
shall have and reserves the right to reject any and all bids.The call 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.46"of Local Improvement District No.46 of the City of Moses Lake,Washington.
Section 7.There is created and established in the Office of the City Treasurer of
the Cit.y of Moses Lake,for Local Improvement District No.46 a special fund to be
known and designated as Local Improvement Fund District No.46 into which fund of
local improvement district revenue warrants of the District herein authori2ed,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 warrants
shall be issued in payment of all other items of expense in connection with said
improvement.
PASSEDby the City Council of the City of Mos Lake.Washington,and APPROVEDby the
Mayor this 28thday of August ,19
M A Y 0 R
City C1 rk '
A ROVE
ty At rney-
ish:September 5,1979