978_00001ORDINANCENO.976
AN ORDINANCEORDERINGTHE IMPROVEMENTOF THENORTHWESTANDNORTHEASTQUADRANTOFTHEHIGHWAY17ANDI-90 INTERCHANGEINSECTIONS25,26,AND36 OF TOWNSHIP19 NORTH,RANGE28 EWMBYCONSTRUCTINGANDINSTALLINGASANITARYSEWERANDWATERSYSTEMANDCONNECTINGTOEXISTINGFACILITIESATSHARONAVENUEANDPIONEERWAYINACCORDANCEWITHRESQLUTIONNO.937 OF THECITYCOUNCILOFTHECITYOFMOSESLAKE,WASHINGTON;ESTABLISHINGILOCALIMPROVEMENTDISTRICTNO.46;PROVIDINGTHEMETHODOFASSESSMENTINSAIDDISTRICT;PROVIDINGTHATPAYMENTFORSAIDIMPROVEMENTBEMADEBYSPËCIALASSESSMENTSUPONPROPERTYINSAIDDISTRICTPAYABLEBYMODEOF"PAYMENTBY BONDS";ANDPRO-VIDINGFORTHE ISSUANCEFORSALEOF LOCALIMPROVEMENTDISTRICTWARRANTSREDEEMABLEINCASHANDLOCALIMPROVEMENTDISTRICTBONDS;ANDREPEALINGORDINANCENO.933.
WHEREAS,by Resolution No.937 adopted June 12,1979 by the City Council of theCityofMosesLake,Washington,declared its intention to improve the northwestandnortheastquadrantoftheHighway17andI-90 interchange in Sections 25,26,and 36 of Township 19 North,Range 28 EWMby constructing and installing a sani-tary sewer and water system and connecting to existing facilities at Sharon AvenueandPioneerWayandfixedthe10thdayofJuly,1979 at 8:00 o'clock p.m.,in theCouncilChambersinthePolice/Justice Court,Moses take,Washington,as the timeandplaceforhearingallmattersrelatingtosaidimprovementandallobjectionstheretoandfordeterminingthemethodofpaymentofsaidimprovement;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 indetailofthelocalimprovementassessmentsoutstandingorunpaidagainsttheipropertyintheproposedDistrictandastatementoftheaggregateactualvalu-ation of the real estate,including 25%of the actual valuation of the improve-ments in the proposed District,according to the valuation last.placed upon it forthepurposeofgeneraltaxation;and
WHEREAS,said estimate is accompanied by a diagram of the proposed improvementshowingthereonthelots,tracts,parcels 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.937 was given in the mannerprovidedbylawandsaidhearingwasheldbytheCityCouncilonJuly10,1979 andallwrittenprotestsfiledwiththeCityCouncilonorbeforesaiddatesweredulyconsidered;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,
THECITY COUNCILOF THECITY OF MOSESLAKE,WASHINGTON,DO ORDAINAS 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:
i By constructing and installing a sanitary sewer and water system andconnectingtoexistingfacilitiesatSharonAvenueandPioneerWay.
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$454,290.
Ord.978:Pg.2
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 tobeknownas"Local ImprovementDistrict No.46",which District is described asfollowsandincludesthefollowingdescribedproperties:
All property within 330.00 feet of the following described centerline:Beginning at a point on the centerline of Kittleson Raod which point is
South 89°19'20"East,705.50 feet of the south quarter corner of Section
25,Township 19 North,Range 28 EWM,which is the True Point of Begin-
ning;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 of the northeast quarter of Township 19 North,Range 28 EWM,
lying within 300 feet southwesterly of the right-of-way of Pioneer Way,
lying easterly of the High School Plat and lying southerly of Sharon
Avenue.
Section 4.The nature of the improvement provided by herein is such that thespecialbenefitsconferreduponthepropertyinthelocalimprovementdistrict
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 assessmentsshallbemadeagainstthepropertyoftheDistrictinaccordancewiththezone-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.46"hereinafter created,to bear
interest from the date thereof at a rate to be hereafter fixed by ordinance,and
to be redeemed in cash,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 City Treasurer of notice that the assessmentrollfor"Local Improvement District No.46"is in his hands for collection.The
bonds shall be redeemed by the collection of special assessments to be levied and
assessed upon the propert.y within said District,payable in ten equal annual
installments,with interest at a rate to be hereafter fixed by ordinance,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,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 Cit.y 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.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 City 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 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.978:Pg.3
Section 8.Ordinance No.933 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.
PASSEDby the City Council of the City of Moses Lake,Washington,and APPROVEDbyitsMayorthis28thdayofOctober,1980.
M A Y 0 RATT
'City Cle k -*'
PROVE AS TOFO :
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C Attorne>i
Publish:11/6/89
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