975_00001ORDINANCENO.975
AN ORDINANCEORDERINGTHE IMPROVEMENTIN THELOWERPENINSULAAREABYCONSTRUCTINGANDINSTALLINGASANITARYSEWERSYSTEMANDCONNECTINGTOEXISTINGSEWERFACILITIESATPENINSULADRIVEANDWANAPUMDRIVEINACCORDANCEWITHRESOLUTIONNO.925 OF THECITYCOUNCILOFTHECITYOFMOSESLAKE,WASHINGTON;ESTABLISH-INGLOCALIMPROVEMENTDISTRICT NO.43;PROVIDINGTHEMETHODOFASSESSMENTINSAIDDISTRICTPAYABLEBYMODEOF"PAYMENTBYBONDS";ANDPROVIDINGFORTHE ISSUANCEFORSALEOF LOCAL=°=s slä"¾?¾¶6ANRDB AA NN CDASNHANACNEDNOOCA9L26.
WHEREAS,by Resolution No.925 adopted March 20,1979 by the City Council of theCityofMosesLake,Washington,declared its intention to improve the lower Penin-sula area by constructing and installing a sanitary sewer system and connecting toexistingsewerfacilitiesatPeninsulaDriveandWanapumDriveandfixingthe24thdayofAprilat8:00 o'clock p.m.,in the Council Chambers in the Police/JusticeCourt,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 oftheDistrict,a statement of what portion of the cost and expense of the improve-ment should be borne by the property within the proposed District,a statement indetailofthelocalimprovementassessmentsoutstandingorunpaidagainstthepropertyintheproposedDistrictandastatementoftheaggregateactualvaluationoftherealestate,including 25%of the actual valuation of the improvements intheproposedDistrict,according to the valuation last placed upon it for thepurposeofgeneraltaxation;and
WHEREAS,said estimate is accompanied by a diagram of the proposed improvementshowingthereonthelots,tracts,parcels of land,and other property which will bespecificallybenefitedbyeachcontinuousunitoftheproposedimprovement,and theestimatedamountofthecostandexpensethereoftobebornebyleachlot,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 Citythatthesaidimprovement,as hereinafter described,be carried out and that alocalimprovementdistrictbecreatedinconnectiontherewith,NDWTHEREFORE,
THE CITY COUNCILOF THE CITY OF MOSESLAKE,WASHINGTON,DOORDAINAS FOLLOWS:
Section 1.It is hereby ordered that the improvement in the City of Moses Lake,Washington,and the construction,be carried out,to wit:
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 OrchardTracts#32 through 52,55 through 65,139 through 184,Gaylord Place;andMunicipalTract#6.
All of the foregoing shall be in accordance with the plans and specificationsthereforepreparedbytheCityEngineer's office.
Section 2.The estimated cost and expense of said improvement is hereby declaredtobe$476,778.
Ord.975:Pg.2
The entire cost and expense of said improvement shall be borne by and assessedagainstthepropertyspeciallybenefitedbysuchimprovementtobeincludedin thelocalimprovementdistricthereinafterestablishedembracing,as near as may be,
all properties specially benefited by such improvement.
Section 3.There is hereby created and established a local improvement district tobeknownas"Local Improvement District No.43",which District is described asfollowsandincludesthefollowingdescribedproperties:
Kennedy-Wutzke Addition;Hughes Replat;Vance-Emery Subdivision;Young
Addition;Loop Plat;Free Methodist Plat;Lloyd's Addition;PenvistaAddition;Lorraine Estates;all or a portion of the Battery OrchardTracts#32 through 52,55 through 65,193 through 184,Gaylord Place;andMunicipalTract#6.
Section 4.The nature of the improvement provided by herein is such that thespecialbenefitsconferreduponthepropertyinthelocalimprovementdistricthereincreatedarefairlyreflectedbytheuseofzone-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 thecostandexpenseoftheimprovementhereinordered,such warrants to be payable outofthe"Local Improvement Fund,District No.43"hereinafter created,to bear
interest from the date thereof at a rate to be hereafter fixed by ordinance,and toberedeemedincash,and/or by local improvement district bonds herein authorized
to be issued.Such bonds shall bear interest at a rate to be hereafter fixed byordinance,shall be payable on or before twenty-two years from the date of issuance,
and shall be issued in exchange for and in redemption of any and all warrantsissuedhereunderandnotredeemedincashwithinaperiodnottoexceedsixt.y days
after the first publication by the City Treasurer of notice that the assessmentrollfor"Local Improvement District No.43"is in his hands for collection.The
bonds shall be redeemed by the collection of special assessments to be levied andassesseduponthepropert.y within said District,payable in twenty equal annualinstallments,with interest at a rate to be hereafter fixed by ordinance,under themodeof"paymentbybonds,"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 sameshallbecomedue,there shall be added interest at a rate to be hereafter fixed by
ordinance,and a penalty to be hereafter fixed by ordinance,which shall also be
collected.The exact amount,form,date,interest rate,and denominations of saidwarrantsandbondsshallbehereafterfixedbyordinanceoftheCityCouncil.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 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.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,tobeissuedandsoldandcollectionspertainingtoassessmentandagainstwhichfund
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.
Section 8.Ordinance 926 is hereby repealed in its entirety upon the effective
date of this ordinance.
Ord.975:Pg.3
Section 9.The invalidity of any part of this ordinance shall not affect thevalidityofanyotherpartofthisordinancewhichcanbegivenitsfullforce andeffectwithouttheinvalidportionorportions.
Section 10.This ordinance shall take effect and be in force five (5)days afteritspassageandpublicationasprovidedbylaw.
PASSEDby the City Council of the City of Moses Lake,Washington,and APPROVEDbyitsMayorthis28thdayofOctober
City Cl /
PROVEma
y 'Attorney N
Publish:11/6789
i
I