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1339_00001ORDINANCENO.1339 AN ORDINANCEORDERINGTHE IMPROVEMENTOF LAGUNADRIVEBYCONSTRUCTINGANDINSTALLINGASANITARYSEWERSYSTEMANDAPPURTENANCESWHICHCONNECTSTOEXISTINGSANITARYSEWERATLAGUNADRIVEANDSAGEROAD,A LIFT STATIONANDAPPURTENANCES,FORCEMAIN,ANDSEWERSIDE LATERALS;ANDTO IMPROVELAKESIDEDRIVEAT LOTS12AND13,KOLARKEYADDITIONBYCONSTRUCTINGANDINSTALLINGASANITARYSEWERSYSTEMANDAPPURTENANCESWHICHCONNECTSTOEXISTINGSANITARYSEWERINLAKESIDEDRIVEADJACENTTOLOTS12AND13,KOLARKEYADDITIONIN ACCORDANCEWITHRESOLUTION1404OFTHECITYOFMOSESLAKE,WASHINGTON;ESTABLISHINGUTILITYILOCALIMPROVEMENTDISTRICTNO.3;PROVIDINGTHEMETHDDOF ASSESSMENTFORIMPROVEMENÌSMADEINSAIDDISTRICT;ANDPROVIDINGFOR PAYMENTOF SUCHASSESSMENTSINTOABONDFUNOTOPAYANDSECURETHEPAYMENTOFWATERANDSEWER BONDSISSUEDFORTHECOSTSOF THE IMPROVEMENTS RECITALS: 1.Resolution No 1404 adopted August 23,1988 by the City Council of the City ofMosesLake,Washington,declared its intention to improve Laguna Drive from theintersectionofLagunaDriveandSageRoadbyconstructingandinstallingasanitarysewersystemandappurtenanceswhichconnecttoexistingsanitary sewer at Laguna Drive and Sage Road,a lift station and appurtenances,forcemain,and sewer side laterals;and to improve Lakeside Drive at Lots 12 and 13,Kolar Key Addition by constructing and installing a sanitary sewer system whichconnectstoexistingsanitarysewerinLakesideDriveadjacenttoLots12and13,Kolar Key Addition and fixed September 13,1988 at 8:00 p.m.in the CityCouncilChambers,Moses Lake,Washington,as the time and place for hearing allmattersrelatingtosaidimprovement,the formation of a utility localimprovementdistrict(ULID),and all objections thereto and for determining themethodofpaymentofsaidimprovement;and 2.The City Engineer's Office has caused an estimate to be made of the costs and expense of each continuous unit of the proposed improvement and has certifiedsaidestimatetotheCityCouncil,together with all papers and information in i its possession touching the proposed improvement,a description of theboundariesoftheproposedULID,a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposedULID,a statement in detail of the local improvement assessments outstanding orunpaidagainstthepropertyintheproposedULIDandastatementoftheaggregateactualvaluationoftherealestate,including 25%of the actualvaluationoftheimprovementsintheproposedULID,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 improvement showingthereonthelots,tracts,parcels of land,and other property which will bespecificallybenefitedbyeachcontinuousunitoftheproposedimprovements,and the estimated amount of the cost and expense thereof to be borne by eachlot,tract,and parcel of land or other property;and 4.Due notice of the hearing on Resolution No.1404 was given in the mannerprovidedbylawandsaid-hearing.Was held by the City Council on September 13,1988,and all written protests filed with the City Council on or before saiddateweredulyconsidered;and 5.It has been further determined to be in the best interests of the city thatsaidimprovements,as hereinafter described,be carried out and that a localimprovementdistrictbecreatedinconnectiontherewith,NOWTHEREFORE, i THE CITY COUNCILOF THECITY OF MOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS: Section 1.It is hereby ordered that the following improvements in the City ofMosesLake,Washington,and the construction,be carried out,to wit: The improvement of Laguna DRive by constructing and installing a sanitary sewersystemandappurtenanceswhichconnecttoexistingsanitaryseweratLagunaDriveandSageRoad,a lift station and appurtenances,force main,and sewersidelaterals;and improve Lakeside Drive at Lots 12 and 13,Kolar Key AdditionbyconstructingandinstallingasanitarysewersystemandappurtenanceswhichconnecttoexistingsanitarysewerinLakesideDriveadjacenttoLots12and13,Kolar Key Addition. All of the foregoing shall be in accordance with the plans and specificationsthereforepreparedbytheCityEngineer's Office. ORD.1339 -PAGE 2 Section 2.The estimated cost and expense comes to $437,814.28,of which $123,832.26 is the estimated cost of the lift station,force main,street and water system portion of the improvements in the Laguna Drive area which will be paid by the city. The city shall bear 42%of the cost and expense of acquiring,constructing, and installing the lift station and force main portion of the sewer system improvements to the Laguna Drive area and all costs of any water system and street grade improvements which might be made in the course of carrying out the improvements,and all other cost and expense of the improvements shall be borne by and assessed against the property specially benefited by such improvements. Section 3.There is hereby created and established a utility Tocal improvement district to be known as "Utility Local Improvement District No.3" (ULID 3),to include,as near as may be,all properties specially benefited by the improvements,the territory of which is described as follows and includes the following described properties: Tax #10137 in Section 32,Township 19 North,Range 28 EWM Tax #10167 in Section 32,Township 19 North,Range 28 EWM Southerly 252'of Tax #10167 along Laguna Drive in Section 32,Township 19 North,Range 28 EWN Lakeshore Estates Parcel 4 less portion of Tax #8089,#8526 &#9948 Rapozo Short PlatPlatofLakeshore Estates Lakeshore Estates Addition #1 Kolar Key Addition,Lots 12 &13 Section 4.The nature of the improvements ordered by this ordinance to be made is such that the special benefits conferred upon the property in ULID 3 are fairly reflected by the use of a per lot method of assessment;and it is hereby provided and ordered that the assessments shall be made against the property within ULID No.3 in accordance with the per lot method provided by statute. Section 5.All assessments levied in ULID No.3 shall be for the sole purpose of payment into a bond fund to pay and secure the payment of water and sewer bonds issued for the cost of the improvements.All payments of such assessments,including all interest and penalties thereon,shall be paid directly into the Construction Fund and applied to pay or secure the payment of debt service on water/sewer revenue bonds heretofore or hereafter issued and payable from the Construction Fund without allocation to any particular series or issues of such bonds. Section 6.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 October 11,1988 Mayor ' Published:10/20/88