1198_00001ORDINANCENO.1198
ANORDINANCEORDERINGTHE IMPROVEMENTOF MELVALANEFROMTHEEASTERLYCORNEROFLOT1;MELVAADDITION#7 TO WAPATODRIVE;EASTLAKEORIVEBETWEENNELSONROADANDJAMESAVENUE;JAMESAVENUEIN BROADRIPPLE#3;KITTELSONROADBETWEENWASHINGTONSTATESIGNROUTE#17 AND706.50 FEET EASTTOTHECITYLIMITSBYGRADING:GRAVELING;CONSTRUCTINGCURBS;i SIDEWALKSAND/0RBICYCLEPATHS;WATERSERVICES;SEWERSIDELATERALS;ASPHALTCONCRETEPAVEMENT;SIGNS;ANDSTORMDRAINAGEINACCORDANCEWITHRESOLUTION#1245 DF THECITYCOUNCILOFTHECITYOFMOSESLAKE;WASHINGTONESTABLISHINGLOCALIMPROVEMENTDISTRICTNO.53;PROVIDINGTHE METHODOFASSESSMENTINSAIDDISTRICT;PROVIDINGTHATPAYMENTFORSAIDIMPROVEMENTBEMADEBYSPECIALASSESSMENTSUPONPROPERTYINSAIDDISTRICTPAYABLEBYMODEOF"PAYMENTBYBONDS";ANDPROVIDINGFORTHE ISSUANCEFOR SALEOF LOCALIMPROVEMENTDISTRICTWARRANTSREDEEMABLEINCASHANDLOCALIMPROVEMENTDISTRICTBONDS.
RECITALS:
1.Resolution No.1245;adopted December 10;1985;by the City Council oftheCityofMosesLake;Washington;declared its intention to improveMelvaLanefromtheeasterlycornerofLot1;Melva Addition #7 to WapatoDrive;Eastlake Drive between Nelson Road and James Avenue;James AvenueinBroadripple#3;Kittelson Road between Washington State Sign Route #17and705.50 feet east to the city limits by grading;graveling;construct-ing curbs;sidewalks and/or bicycle paths;water services;sewer sidelateralsasphaltconcretepavement;signs;and storm drainage and fixedJanuary14;1986 at 8 p.m.in the Council Chambers in the Police/JusticeBuildingMosesLakeWashingtonasthetimeandplaceforhearingallmattersrelatingtosaidimprovementandallobjectionstheretoandforideterminingthemethodofpaymentofsaidimprovement;and
2.The City Engineer's Office has caused an estimate to be made of the costsandexpenseofeachcontinuousunitoftheproposedimprovementandhascertifiedsaidestimatetotheCityCouncil;together with all papers andinformationinitspossessiontouchingtheproposedimprovement;adescriptionoftheboundariesoftheDistrict;a statement of what por-tion of the cost and expense of the improvement should be borne by thepropertywithintheproposedDistrict;a statement in detail of the localimprovementassessmentsoutstandingorunpaidagainstthepropertyintheproposedDistrictandastatementoftheaggregateactualvaluationoftherealestate;including 25%of the actual valuation of the improve-ments in the proposed District according to the valuation last placed
upon it for the purpose of general taxation;and
3.Said estimate is accompanied by a diagram of the proposed improvementshowingthereonthelots;tracts;parcels of land;and other propertywhichwillbespecificallybenefitedbyeachcontinuousunitofthe pro-posed improvement;and the estimated amount of the cost and expensethereoftobebornebyeachlot;tract;and parcel of land or other prop-erty;and
4.Due notice of the hearing on Resolution No.1245 was given in the mannerprovidedbylawandsaidhearingwasheldbytheCityCouncilonJanuaryi14;1986;and all written protests filed with the City Council on or be-fore said date were duly considered;and
5.It has been further determined to be in the best interests of the cit3thatsaidimprovement,as hereinafter described;be carried out and thatalocalimprovementdistrictbecreatedinconnectiontherewith;NOWTHEREFORE;
THE CITY COUNCILOF THE CITY OF MOSESLAKE;WASHINGTON00 ORDAINAS FOLLOWS:
Section 1.It is hereby ordered that the improvement in the City of MosesLake,Washington,and the construction;be carried out;to wit:
ORD.1198/Page 2
By grading,graveling;constructing curbs with gutters;sidewalk and/or bicy-
cle paths;water services,sewer side laterals;asphalt concrete paving;
signs,and storm drainage on said Melva Lane;Eastlake Drive;James Avenue;
and Kittelson Road.
All of the foregoing shall be in accordance wit the plans and specifications
therefore prepared by the City Engineer's Office.
Section 2.The estimated cost and expense of said improvement is hereby de-
clared to be $239,049.
The entire cost and expense of said improvement shall be borne by and assessed
100%on Unit #1 and Unit #3 and 70%on Unit #2 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 dis-
trict to be known as "Local Improvement District No.53";which District is
described as follows and includes the following described properties:
Unit #1 -All property adjacent to the boundaries of Melva Lane within Melva
Addition #2;Lots 2,3 4;and a portion of Melva #6 and the propert.y bound
between Melva Lane and I-90 and between Lot #2;Melva #7 and Wapato Drive.
Unit 2 -Kittelson Road -All property adjacent to Kittelson Road beginning at
the intersection of Washington State Sign Route #17 and Kittelson Road and
extending eastward 705.50 feet to the City of Moses Lake's city limits.
Unit 3 -Eastlake Drive -Lot 29 Broadripple #3 and all property adjacent toEastlakeDriveinBroadripple#3 and VI beginning at the intersection of Nel-
son Road and Eastlake Drive and extending 320 feet south.James Drive -All
property adjacent to James Drive in Broadripple 3 beginning at the intersec-
tion of Eastlake Drive and James Drive and extending south to the south bound-
ary of Broadripple #3 addition.
Section 4.The nature of the improvement provided by herein is such that the
special benefits conferred upon the property in the local improvement district
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 assess-
ments 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
the cost and expense of the improvement herein ordered;such warrants to be
payable out of the "Local Improvement Fund;District No.53"hereinafter cre-
ated;to bear interest from the date thereof at a rate to be hereafter fixed
by ordinance;not to exceed 15%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 15%per annum;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 (60)days after the first publication by the City Treasurer of
notice that the assessment roll for "Local Improvement District No.53"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;not exceed 15%per annum;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,not be exceed 15%per annum;and a penalty of 10%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 Cit.y 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 improvements shall be done by and made by contract upon competitive bids
and the city shall have and reserve the right to reject any and all bids.The
call for bids for work authorized pursuant to the ordinance shall include a
ORD.1198/Page 3
statement that payment for said work will be made in cash warrants drawn upon"Local Improvement Fund District No.53"of Local Improvement District No.53oftheCit.y of Moses Lake;Washington.
Section 7.There is created and established in the Office of the CityIreasureroftheCityofMosesLake;for Local Improvement District No.53 aspecialfundtobeknownanddesignatedasLocalImprovementFundDistrictNo.53 into which fund of local improvement district revenue warrants of the Dis-
trict herein authorized;to be issued and sold and collections pertaining toassessmentandagainstwhichfundcashwarrantsshallbeissuedwithsaidim-I provement and against which fund cash warrants shall be issued in payment ofallotheritemsofexpenseinconnectionwithsaidimprovement.
Section 8.This ordinance shall take effect and be in force five (5)days
after its passage and publication as provided by law.
Adopted by the City Council and signed by its Mayor on February 11 1986.
Mayor Pro-1 R.Wayne Rimple ogAT:
<ty Cle
APPRO 5 TO
Attorney
Publish:February 18,1986
i