Loading...
1615_00001ORDINANCENO.1615 ANORDINANCEORDERINGTHE IMPROVEMENTOFCRESTVIEWDRIVEAREA BY CONSTRUCTINGAND INSTALUNGA SANITARYSEWER SYSTEM AND CONNECTINGTHE SANITARYSEWERSYSTEM TO EXISTINGSANITARY SEWER INTHEPAXSONDRIVEAREAAND UNDERGROUNDINGELECTRICAL UTIUTIESALONGCRESTVIEWDRIVEIN ACCORDANCEWITHRESOLUTIONNO.1798 OF THE CITYCOUNCILOFTHECITYOF MOSESLAKE,WASHING- TON ESTABLISHINGUTIUTYLOCALIMPROVEMENTDISTRICT NO.5 AND LOCAL IMPROVEMENTDISTRICT #57;PROVIDINGTHE METHOD OF AS-O SESSMENT FOR IMPROVEMENTSMADEINSAIDDISTRICTS;ASSESSMENTSUPONPROPERTYINSAIDDISTRICTS;AND PROVIDINGFOR PAYMENTOF SUCH ASSESSMENTSINTO BOND FUNDSTO PAY AND SECURETHEPAYMENTOFWATERANDSEWERBONDSANDLOCALIMPROVEMENT DISTRICTBONDSISSUEDFORTHE COSTSOF THE IMPROVEMENTS RECITALS: 1.Resolution No.1798 adopted January 11,1994 by the City Council of the City of Moses Lake, Washington,declared its Intention to improvethe CrestvlewDrivearea from the întersection ofCrestviewDrive,ValleyRoad,and AirwayDrivetothe terminus ofCrestvlewDrivebyconstructingand Installing a sanitary sewer system and connecting the sanitary sewer system to existingsanitary sewer inthe Paxson Drive area and undergroundingelectrical utilitiesalong CrestviewDrivefrom the intersection of CrestvlewDrive,Valley Road,and Airway Driveto the terminus ofCrestvlewDrive andfixedFebruary8,1994 at 7:00 p.m.Inthe CouncilChambers inthe Police/CourtFacility,Moses Lake, Washington,as the time and place for hearing all matters relatingto said Improvements and all objections thereto and for determining the method of payment of said improvements;and 2.The CityEngineer's Officehas caused an estimate to be made of the costs and expense of each continuous unit of the proposed improvementsand has certified said estimate to the CityCouncil,together with all papers and information in its possession touching the proposed improvements,adescriptionoftheboundariesoftheDistricts,a statement ofwhat portionofthe cost and e×penseoftheimprovementsshouldbebomebythepropertywithintheproposedDistricts,a statement indetailofthelocalimprovementassessmentsoutstandingorunpaidagainstthepropertyintheproposedDistrictsandastatementoftheaggregateactualvaluationoftherealestate,including 25% O ofthe actual valuation of the improvements Inthe proposed Districts,according to the valuation last placed upon it for the purpose of generaltaxation;and 3.Said estimateisaccompanied by a diagramofthe proposed improvementsshowingthereonthe lots, tracts,parcels of land,and other property whichwillbe specificallybenefitted by each continuousunitoftheproposedimprovements,and the estimated amount ofthe cost and expense thereof tobebornebyeachlot,tract,and parcel ofland or other property;and 4.Due notice ofthe hearing on ResolutionNo.1798 was giveninthe manner providedbylaw and saidhearingwasheldbytheCityCouncilonFebruary8,1994 and all writtenprotests filed with the City Councilon or before said date were dulyconsidered;and 5.It has been further determined to be in the best interests of the city that said improvements,ashereinafterdescribed,be carrled out and that a utility local Improvement district and a local improvement district be created in connection therewith,NOWTHEREFORE, THE CITYCOUNCILOFTHE CITYOF MOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS: Section1.Itis hereby ordered that the following improvementsinthe CityofMoses Lake,Washington,andtheconstruction,be carried out: The improvementofthe CrestviewDrive area fromthe intersection of CrestvlewDrive,ValleyRoad,and Airway Drive to the terminus ofCrestvlew Drive by constructing and Installing a sanitary sewersystemandconnectingthesanitarysewersystemtoexistingsanitarysewerinthePaxsonDriveareaandundergroundingutilitiesalongCrestviewDrivefromtheintersectionofCrestviewDrive,ValleyRoad,and Airway Drive to theterminusof CrestviewDrive AIIof the foregoing shall be in accordance with the plans and specifications thereforeprepared bythe CityEngineer's Office. Section 2.The estimated cost and expense comes to $580,000,ofwhich$130,000is the estimated costofthesanitarysewerportionoftheimprovementstobepaidbytheCityofMosesLake. The city shall bear $130,000of the cost and expense of constructing and installing the sanitary sewerimprovementstotheCrestviewDriveareaandallothercostandexpenseoftheimprovementsshallbebornebyandassessedagainstthepropertyspeciallybenefittedbysuchimprovements. Section 3.There is hereby created and established a local improvement district to be known as "UtilityLocal Improvement District No.5"(ULID#5)and a "Local Improvement Distrîct No.#57"(LID#57),to include, as near as maybe,allpropertiesspeciallybenefitted by the improvements,the territoryofwhich Isdescribed as follows and includes the following described properties: CrestviewEstates,Lots 1 .23 CrestviewEstates #2,Lots24 -39 Crestview Estates #3,Lots 1 -13 CrestviewEstates #4,Lots 1 -15 SE 1/4 Section is,T 19 N,R 28 E,WM (Gov'tLot 5,less plat &Gov't Lot 4,less plats) NE I/4 Section 21,T 19 N,R 28 E,WM (Gov't Lot 1,less Tract D &plat) Section4.The nature of the improvements ordered by this ordinanceto be made is such that the special benefits conferreduponthe propertyinUtilityLocal Improvement District#5 and Local improvement District #57 are fairly reflected bythe use of a per lot method ofassessment;and Itis hereby providedand ordered that the assessments shall be made against the property withinULID#5 and LID#57 in accordance with the per lot method provided by statute. Section 5.AIIassessments levied in ULID#5 and LID#57 shallbe for the sole purpose of payment into a bond fund to pay and secure the paymentofwater and sewer bonds and local improvement district bonds issued for the cost of the improvements.AIIpayments of such assessments,including all interest and penaltiesthereon,shall be paid directly intothe constructionfund or funds and appliedto pay or secure the paymentof debt service on water/sewer revenue bonds or localimprovement districtbonds heretofore or hereafter issued and payablefrom the constructionfund or funds without allocation to any particular series or Issues ofsuch bonds. Section 6.This ordinance shalltake effectand be inforcefive (5)days after its passage and publication as providedby law. Adopted by the CityCounciland signed by its Mayor on February 22,1994. ATTEST:ayor Finance Director APPROVEDASTOFORM: OtyAttorney PUBLISH:2/28/94 O