977_00001ORDINANCENO.977
ANORDINANCEORDERINGTHE IMPROVEMENTOF COOLIDGEDRIVEFROMPLUMSTREETTOTERRACEAVENUEANDPLUMSTREETFROMCOOLIDGEDRIVETOIRONWOODSTREETBYGRADING,GRAVELING,CONSTRUCTINGANDINSTALLINGCURBS,SIDEWALKS,SEWERSIDE.LATERALS,ASPHALTCONCRETEPAVBWENTANDSTORMDRAINAGEINACCORDANCEWITHRESOLUTIONNO.932 OF THECITY COUNCILOF THECITY OF MOSESLAKE,WASHINGTON;ESTABLISHINGLOCALIMPROVEMENTDISTRICT NO.45;
i PROVIDINGTHEMETHODOF ASSESSMENTIN SAID DISTRICT;PROVIDINGTHATPAYMENTFORSAIDIMPROVEMENTBEMADEBYSPECIALASSESSMENTSUPONPROPERTYINSAIDDISTRICTPAYABLEBYMODEOF"PAYMENTBYBONDS";ANDPROVIDINGFORTHEISSUANCEFORSALEOFLOCALIMPROVEMENTDISTRICTWARRANTSREDEEMABLEINCASHANDLOCALIMPROVEMENTDISTRICTBONDS;ANDREPEALINGORDINANCENO.931.
WHEREAS,by Resolution No.932,adopted May 8,1979,by the City Council of theCityofMosesLake,Washington,declared its intention to improve Coolidge DrivefromPlumStreettoTerraceAvenueandPlumStreetfromCoolidgeDrivetoIronwoodStreetbygrading,graveling,constructing and installing curbs,sidewalks,sewersidelaterals,asphalt concrete pavement and storm drainage,and fixed the 12thdayofJune,1979,at 8:00 o'clock p.m.,in the Council Chambers in the Police/Justice Court,Moses Lake,Washington,as the time and place for hearing allmattersrelatingtosaidimprovementandallobjectionstheretoandfordeterminingthemethodofpaymentofsaidimprovement;and
WHEREAS,the Cit.y 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 indetailofthelocalimprovementassessmentsoutstandingorunpaidagainstthepropertyintheproposedDistrictandastatementoftheaggregateactualvalu-I ation of the real estate,including 25%of the actual valuation of the improve-ments in the proposed District,according to the valuation fast placed upon it forthepurposeofgeneraltaxation;and
WHEREAS,said estimate is accompanied by a diagram of the proposed improvementshowingthereonthelots,tracts,parceTs of land,and other property which willbespecificallybenefitedbyeachcontinuousunitoftheproposedimprovement,andtheestimatedamountofthecostandexpensethereoftobebornebyeachlot,tract and parcel of land or other property;and
WHEREAS,due notice of the hearing on Resolution No.932 was given in the mannerprovidedbylawandsaidhearingwasheldbytheCityCouncilonJune12,1979,and all written protests filed with the City Council on or before said dates weredulyconsidered;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,NOWTHEREFORE,
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:
3y grading,graveling,constructing and installing curbs,sidewalks,I sewer side laterals,asphalt concrete pavement,and storm drainage onCoolidgeDrivefromiPlumStreettoTerraceAvenueandPlumStreetfromCoolidgeDrivetoIronwoodStreet.
All of the foregoing shall be in accordance with the plans and specificationsthereforepreparedbytheCityEngineer's office.
Ord.977:PS:.2
Section 2.The estimated cost and expense of said improvement is hereby declared
to be $86,184.
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.45",which District is described asfollowsandincludesthefollowingdescribedproperties:
Beginning at the intersection of Ironwood Drive and Plum Street which is gtheTruePointofBeginning,thence North 53°04'30"West 150.00 feet,thence North 36°55'30"East 30.00 feet,thence North 53°04'30"West
422.43 feet,thence North 36°55'30"East 559.53 feet,thence North00°12'00"West 117.55 feet,thence South 89°48'00"West 60.00 feet,
thence South 60°12'00"East 97.93 feet,thence South 36°55'30"West599.05 feet,thence South 53°04'30"East 632.43 feet,thence North
36°55'30"East 30.00 feet,to the True Point of Beginning.
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 assessmentsshallbemadeagainstthepropert.y 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
out of the "Local Improvement Fund,District No.45"hereinafter created,to bear
interest from the date thereof at a rate to be hereafter fixed by ordinance,andtoberedeemedincash,and/or by local improvement district bonds herein author-
ized to be issued.Such bonds shall bear interest at a rate to be hereafter fixed
by ordinance,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 Cit.y Treasurer of notice that the assessment
roll for "Local Improvement District No.45"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 annualinstallments,with interest at a rate to be hereafter fixed by ordinance,under
the mode of "paymentb.y 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,and a penalty to be hereafter fixed by ordinance 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 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 Improve-
ment Fund District No.45"of Local Improvement District No.45 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.45 a special fund to
be known and designated as Local Improvement Fund District No.45 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 warrants shall be issued in payment of all other items of expense in connec-tion with said improvement.
Ord.97Ti Pg.3
Section 8.Ordinance No.931 is hereby repealed in its entirety upon the effectivedateofthisordinance.
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.
I PASSEDby the City Council of the City of Moses Lake,Washington,and APPROVEDbyitsMayorthis28thdayofnetobey,1980.
MAYOR
APPROVEDAS TOF
Cfý ttorney
Publish:11 80
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