979_00001ORDINANCENO.979
ANORDINANCEORDERINGTHE IMPROVEMENTOF FIFTH AVENUEFROMFIGSTREETTOBLOCKSTREETBYGRADING,GRAVELING,CONSTRUCTING,ANDINSTALLINGCURBS,SIDEWALKS,ASPHALTCONCRETEPAVEMENT,ANDSTORMDRAINAGEIN ACCORDANCEWITHRESOLUTIONNO.943 OFTHECITYCOUNCILOFTHECITYOFMOSESLAKE,WASHINGTON;ESTAB-LISHINGLOCALIMPROVEMENTDISTRICT NO.47;PROVIDINGTHEMETHODOFASSESSMENTINSAIDDISTRICT;PROVIDINGTHATPAYMENTFORSAIDIMPROVEMENTBEMADEBYSPECIALASSESSMENTSUPONPRO-I PERTYIN SAID DISTRICT PAYABLEBYMODEOF "PAYMENTBYBONDS";ANDPROVIDINGFORTHE ISSUANCEFORSALEOF LOCALIMPROVEMENTDISTRICTWARRANTSREDEEMABLEINCASHANDLOCALIMPROVEMENTDISTRICTBONDS;ANDREPEALINGORDINANCENO.936.
WHEREAS,by Resolution No.943,adopted July 10,1979,by the City Council of theCityofMosesLake,Washington,declared its intention to improve Fifth AvenuefromFigStreettoBlockStreetbygrading,graveling,constructing,and install-ing curbs,sidewalks,asphalt concrete pavement,and storm drainage,and fixed the14thdayofAugust,1979,at 8:00 o'clock p.m.,in the Council Chambers in thePolice/Justice Court,Moses Lake,Washington,as the time and place for hearingallmattersrelatingtosaidimprovementandallobjectionstheretoandfordeter-mining the method of payment of said improvement;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 indetailofthelocalimprovementassessmentsoutstandingorunpaidagainstthepropertyintheproposedDistrictandastatementoftheaggregateactualvalu-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 forithepurposeofgeneraltaxation;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.943 was given in the mannerprovidedbylawandsaidhearingwasheldbytheCityCouncilonAugust14,1979,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,
THECITY COUNCILOF THECITY 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:
By grading,graveling,constructing,and installing curbs,sidewalks,asphalt concrete pavement,and storm drainage on Fifth Street betweenFigStreetandBlockStreet.I 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$48,160.
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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.47".which District is described asfollowsandincludesthefollowingdescribedproperties:
All the properties adjacent to the northwesterly right-of-way of FifthAvenuebetweenFigStreetandBlockStreetandLot1and2oftheHul-bert Addition in the City of Moses Lake.
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 thecostandexpenseoftheimprovementhereinordered,such warrants to be payable
out of the "Local Improvement Fund,District No.47"hereinafter created,to bearinterestfromthedatethereofataratetobehereafterfixedbyordinance,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 fixedbyordinance,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 warrantsissuedhereunderandnotredeemedincashwithinaperiodnottoexceedsixty days
after the first publication by the City Treasurer of notice that the assessmentrollfor"Local Improvement District No.47"is in his hands for collection.Thebondsshallberedeemedbythecollectionofspecialassessmentstobeleviedand
assessed upon the property 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 hereafterfixedbyordinance,and a penalty to be hereafter fixed by ordinance which shallalsobecollected.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 callforbidsforworkauthorizedpursuanttotheOrdinanceshallincludeastatement
that payment for said work will be made in cash warrants drawn upon "Local Improve-
ment Fund District No.47"of Local Improvement District No.47 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.47 a special fund to
be known and designated as Local Improvement Fund District No.47 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.
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Section 8.Ordinance No.936 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.
MAYOR
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Publish:1176/80
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