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1469RESOLUTION NO.1469 A RESOLUTION DIRECTING RECONSTRUCTION OF SIDEWALK LOCATED ON AND ABUTTING PROPERTY LEGALLY DESCRIBED AS NEPPEL PLAT,BLOCK F,Lots 6 -12;BLOCK G,Lots 1 -12 AND THE WESTERLY FIVE FEET (5')OF THE VACATED PORTION OF DIVISION STREET ADJACENT TO Lot 1;AND BLOCK H AS THEY FRONT ON BROADWAY AVENUE,Lots 1 - 4 OF BLOCK 21 AS THEY FRONT ON BROADWAY AVENUE,Lot 1 OF BLOCK 21 AS IT FRONTS ON DIVISION STREET,Lots 1 -12 OF BLOCK 26 AS THEY FRONT ON BROADWAY AVENUE,Lot 1 OF BLOCK 26 AS IT FRONTS ON DIVISION STREET,Lot 12 OF BLOCK 26 AS IT FRONTS ON ASH STREET,Lots 1 -12 OF BLOCK 31 AS THEY FRONT ON BROADWAY,THE SOUTH FIFTY FEET (50') OF Lot 1 OF BLOCK 31 AS IT FRONTS ON DIVISION,AND Lot 12 OF BLOCK 31 AS IT FRONTS ON BEECH STREET AND SETTING A DATE FOR A PUBLIC HEARING ON THE ASSESSMENT ROLL RECITALS: 1.The Washington State Department of Transportation is going to overlay Broadway Avenue during the summer of 1989. 2.In preparation for the Washington State Department of Transportation's overlay of Broadway,certain substandard and unfit and unsafe curb and gutter along Broadway Avenue in the City of Moses Lake was removed.The City of Moses Lake has also determined that some sidewalk located on property legally described as Neppel Plat,Block F,Lots 6-12;Block G,Lots 1-12 and the westerly five feet (5')of the vacated portion of Division Street adjacent to Lot 1;and Block H as they front on Broadway Avenue,Lots 1 - 4 of Block 21 as they front on Broadway Avenue,Lot 1 of Block 21 as it fronts on Division Street,Lots 1 -12 of Block 26 as they front on Broadway Avenue,Lot 1 of Block 26 as it fronts on Divi sion Street,Lot 12 of Block 26 as it fronts on Ash Street,Lots 1-12 of Block 31 as they front on Broadway Avenue,the south fifty feet (50') of Lot 1 of Block 31 as it fronts on Division Street and Lot 12 of Block 31 as it fronts on Beech Street is substandard and unfit and unsafe for public travel. 3.A map visually illustrating the sidewalk which is determined to be substandard and unfit and unsafe for public travel located on the property described above is attached to this resolution and incorporated by reference herein. 4.The city has the authority to require the property owners to reconstruct sidewalk located on and abutting their property which is in disrepair and is substandard and unfit and unsafe for public travel pursuant to RCW 35A.11.020 and RCW 35.68. RESOLVED: 1.The property owners of the property legally described as Neppel Plat, Block F,Lots 6 -12;Block G,Lots 1 -12 and the westerly five feet (5')of the vacated portion of Division Stret adjacent to Lot 1;and Block H as they front on Broadway Avenue,Lots 1 - 4 of Block 21 as they front on Broadway Avenue,Lot 1 of Block 21 as it fronts on Division Street,Lots 1 -12 of Block 26 as they front on Broadway Avenue,Lot 1 of Block 26 as it fronts on Division Street,Lot 12 of Block 26 as it fronts on Ash Street,Lots 1 -12 of Block 31 as they front on Broadway Avenue,the south fifty feet (50')of Lot 1 of Block 31 as it fronts on Division Street and Lot 12 of Block 31 as it fronts on Beech Street are ordered to reconstruct the sidewalk located on and abutting their property which is substandard and is unfit and unsafe for public travel at his/her/their expense according to the specifications set forth in Moses Lake Municipal Code 12.12.050 and the cost sharing arrangement between the City of Moses Lake and the property owners as ordered by the Moses Lake City Council.The property owners shall commence and complete the reconstruction of the substandard sidewalk which is unfit and unsafe for public travel before the city begins its sidewalk reconstruction program for the downtown area during the summer of 1989, the exact dates of which can be obtained from the Municipal Services Director.If the substandard sidewalk,which is unfit and unsafe for public travel,is not reconstructed by the time the city begins the sidewalk reconstruction project for the downtown area,the city shall reconstruct the sidewalk in question and assess the cost against the abutting property owners. 2.A hearing on this resolution shall be held during the regular City Council meeting on June 13,1989 which begins at 8 p.m.in the Council Chambers in the Police/Court Facility in the City of Moses Lake. 3.This resolution shall be published in the official newspaper of the city on two consecutive weeks prior to the public hearing on the resolution and a notice of the date of the hearing shall be mailed to the abutting property owners or reputed owners of the property as shown on the tax rolls of the County Treasurer at least ten days before June 13,1989. 4.An assessment roll has been prepared under the direction of the Munici pal Services Director which is based on the benefits received and which describes the property assessed,the name of the owner or owners,if known,otherwise stating that the owner is unknown,and fixing the amount of the assessment. 5.The assessment roll has been filed with the Finance Director and a hearing shall also be held during the regular City Council meeting on June 13,1989 which begins at 8 p.m.in the Council Chambers in the Police/Court Building in the City of Moses Lake.Following the public hearing,the City Council shall,by ordinance,affirm,modify,or reject,or order recasting of the assessment roll. 6.The Finance Director is directed to give notice of the public hearing on the assessment roll stating the time and place of the public hearing. The notice shall be published in teh official newspaper of the city for two consecutive weeks prior to the public hearing on the assessment roll and a notice of the date of the hearing shall be mailed to the person whose name appears on the County Treasurer's tax roll as the owner or reputed owner of the property,at the address shown thereon.The notice to the owner or reputed owner and the first publication of the notice shall be made at least ten (10)days before June 13,1989. 7.The reconstruction of the substandard and unfit and unsafe sidewalk abutting the property referred to in this resolution is necessary for the public safety and convenience. Adopted by the City Council on May 23,1989. ATTEST: PUBLISHED:June 2 &9,1989 n