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Ordinance 0177.d ORDIVAL 10. 177. -e-e R v • Ordinance providing the manner of making local improve- merts within the City of Edmonds, and the marner in which special assessments therefor may be made and collected on property spe- cially benefited thereby ar_:d the modes of paying for the same. The City Council of the City of Edmonds do ordain as follows: SECTIOI. 1: The City Council, wherever it deems it expedient to mprove, or repair ary street, sidewalk, alley, avenue, highway ;W1or other public place within the City of Edmonds, by removing ob- structions therefrom, grading, plarkirg, paving, macadamizing, graveling and curbing the same, and planting, settirg out and cultivation of shade trees thereon, and constructing gutters, cul- verts and sidewalks therein, shall cause a survey, plan, profile, specifications and estimate of the cost of such proposed improve- ment to be made by the City Engineer, under the direction of the Committee or Streets of the City Council, and the said plans, speci- fications or profile shall be filed in the office of the City Clerk for the irspectior of all persons interested therein. ?rovided, That the Council may, when deemed necessary and for the public good authorize certain repairs or improvements the cost of which does not exceed Twerty-five Dollars, without causing such plan, profile or specification to be made and filed as herein provided. SECTIOT. 2: The expense or cost of improving streets, alleys, sidewalks, squares and other public highways and places within the City shall be assessed as follows: The City 'Oourcil, before grading, paving, macadamizing, gravel 0t111 irg'or otherwise improving any street, alley, square or other ublic place, the cost of which is to be levied and assessed upon he property benefited, shall first pass an Ordinance or resolution k declaring its intention to make such improvement in accordance w1th the laws of the State of Washington, stating in such Ordinance or resolution the street, alley or other public place to be improv- ed, the general character of the proposed improvement and the esti- mated cost thereof and that the cost of such proposed improvement is to be assessed against the property benefited thereby and in- cluded in such improvement district, and shall fix a time not Tess than ten days in which protests against such proposed improvement may be filed with the City Clerk. �be SECTIO 3: Such resolution or ordinance shall be published in - the official paper of the amity in at least two consecutive issues before the time fixed for -'ili--g such protests. If protests against the proposed improvement by the owners of more than two-thirds of the front feet of lots and le.r.ds abutting on such proposed improve- ment and included in the assessment district therein; provided, be filed on or before the date fixed for such filing, the Council shall not proceed further with the work unless six members of the Council shall vote to proceed therewith. SECTIOS 4: If no such protest is filed, or if such protest is filed and six Councilmen, shall vote to proceed with the work, the C4u=Cil shall at its next regular meeting, proceed to consider #rhe same and shall ther, or at a subsequent meeting proceed to enact ar ordinance for such improvement. By the provisions of such ordinance, a local Improvement District shall be established to be called "Local Improvement District Teo. 11 which shall include all 91 the property fronting on the Street to be improved between the points named in such resolution or ordinance, to the distance back from such street, if platted in blocks, to the center of the blocks; if platted in lots only to the center of each lot; and if not platt- ed, to the distance of Ore Hundred and Twenty (120 !Pt.) feet. SECTIOr 5: Wher, any work or improvement mentioned in this Gwt, Ordinance is done or made on one side of the center line of such street, alley or public place, the lots or portiors of lots and ,,�,cr lands frortirg on that side only, shall be assessed to cover the cost and expense of such work or improvement, and the local improve- ment district shall be established accordingly. SECTIOT 6: Such Ordinance shall provide that such improve- ment shall be made and the cost and expense thereof shall be taxed and assessed upon all the property in such local improvement dis- A�All tract, which cost shall be assessed in proportion to the number of 101 feet of such land and lots fronting thereon, and included in such r�P improvement district, and in proportion to the benefits derived by r��/v j said improvement. Provided that the Council may expend from the general fund for such purposes such sums as in their judgment may be fair and equitable in consideration of benefits accruing to the general public by reason of such improvement. SECTIOU 7: The cost and expense of all the improvements inWill the space formed by the junction of two or more streets, or where one main street terminates in or crosses another main street, andY�. also all necessary street crossings at corners or intersectionB of otd streets, and the expense of establishing, building or repairing 101 bridges in the City shall be paid by the City from the general fatd� In all street constituting the water frort of the City, or bounded . on ore side by the property thereof, the center lire thereof to the said water front, or to such property of the City bounded there- on, shall be paid by the City, but no contracts for any such work shall be given except to the lowest responsible bidder, ani in the manner ordinance provides. SECTIOP 8: The Council shall, at the time of passing any ordi- nance ordering any improvements as herein provided, create by Ordi- nance a special fund to be known as "Local Improvement District Lo. L Fundl*. When any Ordinance ordering any improvemert,as herein pro- vided, has been duly published, the aity Clerk shall within ten days thereafter,proceed to list all the lots and lands fronting up- on the streets, alleys and other public places or parts thereof designated in said Ordinance to be so established as herein provided, and he shall ascertain whether ary lots, as originally platted and abutting upon the street, alley or o' er public place bei:ig improvet, d and within such improvement district, having been sub -divided by j individuals, and when the same have been sub -divided by individualshe shall list separately the said sub -divisions and shall describe them by appropriate description on the assessment roll; he shall in a separate column of the assessment roll used b im in said listing enter opposite the description of the lot o�� d° ithin such im- provement district the true length of frontage of the same, and in another column the name of the owner or owners of each lot or tract of land, if such name is known to the Clerk, and if not known, it shall be entered as '*unknown"; he shall attach to such assessment ��W� roll his affidavit that the assessment contains a true and correct list of each and every lot or tract of land within such improvement district, the true frontage of each lot and tract of land and the true name of the owner or owners of each lot and tract of land as har as is known to the Clerk, giving the date of said listing which date of beginning the same. Such assessment roll so verified shall be filed in the office of the City Clerk. SECTIM 9: After said public work has beenconpleted, the City Council shall, at a regular or adjourned meeting, proceed to� ascertain the total cost and expense thereof and the expenses pro- portionately to the whole, or exactly, if possible, of the space j,v,� Covered by all junctions or intersections of streets, alleys or other public places, and the expense of all street erossirge, or crossways at corners or intersections of streets, axed when one street or alley terminates in an other, they shall ascertain the cost of improving of such termination to the center of the terminal street or alley; and where any such street or alley constitutes the 17 waterfront of the city, or is bounded on one side by the property thereof, they shall ascertain the expense of the work done on that portion of said street or alley corstituting such water front or so bounded by the,property of the city from the center line of such street or alley to the said water front or to such property of the City bounded thereon. They shall also ascertain the ex- pense of all bridges constructed along the line of and included in the designated impro*ement. They shall also ascertain, fix and de- termine, by resolution, what part, if any, of such expense not in- cluded in the items in this Section specified, shall be paid from the general fund of the city. They shall then add the amount so as- certained, fixed and determined to the items mentioned in this Section and deduct the aggregate amount thereof from the total cost of such improvement. The balance left after making such deductions shall be the net expense and cost to be levied upon the private pro- perty within said improvement district, and the amount of all de- ductions herein mentioned, shall be paid from the general fund of the City of Edmonds. The Council shall cause the total expense of such improvement, the total exrperse for work which by the provisions of this Ordi- xance is to be paid out of the general fund, the amount not includ- • Aed it said items of expense fixed by the Council to be paid for by r per` the City out of the general. fund, the total amount of all said de- dr ductiors and the net cost ar expense chargeable to private property to appear upon the assessment roll prepared by the City Clerk for said improvement; thO same to appear in separate items. The City Clerk shall attach to said roll his certificate to the effect that the said items were duly ascertained by the City Council at a regular or adjourned meeting thereof, giving the date of the same. SECTION: 10: The said assessment roll, as soon as completed, . s herein provided, shall be delivered to the street Committee of he City Council which Uommittee shall examine the property desig- �''� riated thereir; the Committee :_fall examine the lots and lands de- scribed in said roll and shall correct the frontage if the same shall be fourd ir:correct: the committee shall also ascertain and state in a separate Oolumn or, said roll the amount of the cost and expense of said public improvement to be charged to each lot or portion of the lot of tract of land contained in said improvement district, which amount shall be assessed in proportion to the number of feet of frontage of such loft or portion of the lot or tract of land, and in proportion to the benefits derived by said improvement; on completion the said Committee shall certify on said roll the date of such examination and that the same was fairly and justly made and they shall return the same to the City Clerk. SECTIOI: 11: The assessment roll having been examined and re- �O rted or by the Street Committee as herein � provided, shall be ,d corsil.ered by the City Council at its next regular meeting or at such other time as shall be designated in the notice hereinafter prdvid- ed for, at which time the Cour_cil shall hear and determine all com- plaints made against the Clerk's description of property, the names of owners and the Con1mittee's report and assessment against said lots or tracts of land; such hearing may be continued from time to time as the necessities of the case require, not exceeding in all more than ter, (10 ) days on or before the next regular meeting from the date originally fixed for such hearing. Eo complaint shall be entertained by the Council unless the same be in writing and under oath, stating the grounds for such complaint. Upon such hearing the council shall make such corrections and modifications in the assessment roll as may be necessary or -in their judgmert shall be deemed just, a record of which said equalization shall be entered upon said assessment roll in a column marked"Assessment as Equal- ized". Said meeting of the City Council for the purpose of equal- ization as herein provided, shall be held in the City Hall and only after notice of said meeting shall have been given by the City Clerk which notice shall be published in the official paper of the City at least three days before said meetir_g. t{n,Vi ` SECTIOU 12: The, assessment roll being thus finally completed, the columns of the amounts assessed against private property as equalized, as aforesaiid, shall be footed up and added to the amount to be paid by the City. If found to agree with the total cost of Pafthe public work ordered to be made within the improvement district 93 described in said roll, the Council shall, by resolution, levy a- gairst the private property described and set forth in each assess- ment the full amount assessed against the same as shown by the roll in the column marked "Lssessment as Equalized"; and shall cause the amount so levied to be entered upon the said roll in a separate column marked "Final Levy". 3ECTI01, 13: There shall be two modes of making payment of ,�`' such -portion of the cost and expense of such public improvement as 1���' shall{be chargeable against the local improvement district,created as hereinbefore provided,towit: "Immediate Payment" and "Payment by Bonds". The mode adopted shell be such as the Council shall direct in the Ordinance ordering such improvement. SECTIOT 14: The mode of "Immediate Payment" shall be as &wYw q follows: Uror_ the assessment and levy being completed ad hereinbe-i,, '4y fore provided, a certificate of levy and warrants of collection:, signed by the -Mayor and attested to by the Clerk shall be endorsed uiDor said roll and the same shall be delivered to the City Treasur- er or to the County Treasurer of Snohomish County if the duty of collection thereof shall devolve by law or him for collection. SECTIOT, 15: The City Treasurer or County Treasurer, as the�� case may be, shall be charged with the total amount of the levy thereir made against private property and said improvement district. Said Treasurer shall publish a brief r:otice in the official paper of the City that he has received said assessment roll for collec- tior, describing the lots of the final levy and the improvement dis-_ trict withir which the property in said roll contained is located, e_ and that urless the same is paid within thirty (30) days from the date or which said notice is published, the same will be declared �a delinquent and will be liable to foreclosure proceedings and that �4i��?J all delirquent assessments shall draw interest at the rate of eights;� percert. per anrum from the date of such levy. L. prirted copy of r` said notice with the affidavit of the printer foreman or publisher of the newspaper in which the same was published showing the date when published, and the rame of the newspaper, and that the same copy is a true copy of said publication, shall be filed by the Treas- urer in the office of the City Clerk at the time of making his re- turn to said Clerk, as herein_ provided. SECTIOT, 16: The Treasurer shall er_ter upon said roll in ink, the word "paid" in its appropriate place against the description whey. collection is made. He shall give duplicate receipts for th1 money thus collected, ore of which shall be filed with the City Clerk, which receipt shall briefly describe the lot or tract thus paid for, the amount paid and the name of the perdor_ paying, and shall enter the same facts upon the stub of the receipt book. All mor.:eys collected by the City Treasurer or Oourty Treasurer, as aforesaid, and all money paid into the City Treasury by the City Attorrey as hereinafter provided, shall be credited to the fund of the proper improvement district, ard such motleys shall be paid out or.,ly or. wa.rrarts dray r_ upon_ such fund. SECTIOL 17: At ary time after the expiratior of said thirty ovzf (30) days the City Council may, by resolution, authorize and direct that the delirquent assessmerts of ary local improvement district ir. the City of Edmor ds be turned over to the City gttorrey. i tither such resolution shall have been passed the Treasurer shall j24KIO, erter upor said assessment roll that he has used due diligence irqf( (� er_:deavorirg to collect the amounts due irk said roll; t -at &.11 de- :42— scriptior-s of lards and lots in said roll contained not marked "paid" are unpaid ar_d are delinquent, ar_d that he has collected the amounts marked "paid" and no more. SECTIOY. 18: Wherever such a resolution shall have been passed] by the Cour_cil, directing said delinquent assessmer_t, directirg said delinquent assessment roll to be turned over to the City .LttorrLey, the Treasurer shall make a delirquer_,t assessmert roll which roll shall contain the deseriptior of all property which are yyr 1 0 1 rot marked "paid" upon the original roll together with the delis- �!�i quent a.ssessmerts chargeable against each such description. of property, and the rame or the owner or owners of each such description 94 if known, and shall within ter: (10 ) days after. the date of the pass- age of such resolution return the same together with the original assessment roll to the City Clerk.TIBClerk shall at orce proceed to settle with said Treasurer and in sueh settlement shall ascertain if the amounts shown or the duplicate receipts filed with him by the Treasurer equal the amounts marked "paid" upor-, said assessment roll and if the amourts not marked "paid" upor said roll correspond with the amounts as shown or the delirquert roll, and shall require and receive of the Treasurer the books of receipts, with ail stubs for receipts for such assessmerts, and shall ascertain if they cor- respond with the roll and duplicate receipts, and if correct, shall then give credit to said Treasurer for the amount of such duplicate receipts and for the amount of the delinquert roll separately, and shell give the Treasurer his receipts therefore, returrirg to him such receipt books ar_d stubs. From ar_d after the date of such settlemert with the City Clerk, the said Treasurer shall have no power or authority to collect or to receipt for any of such taxes, except the City Treasurer shall receive such taxes from the City Sttorney, as hereinafter provided. SECTIOr 19: The City Clerk shall, immediately upon corlpletion -is settlement with the Treasurer, deliver said delinquent assess- i._er.t roll to the City Attorr_.ey, who shell proceed to collect the p� same, with interest thereor at the rate of eight percent. per arnum from the date of said levy. The City Lttorney shall forthwith bring suits against proper parties for the foreclosure of tiie lier of such �69deiirquer.t assessmer_ts, and shall prosecute the same to final de- l� termir_ation unless the City Courcil shall,by resolution,direct � otherwise. SECTIOI 20: Or delivery to the City Attorney said delirquert assessment roll the City Clerk shall take his receipt therefor, and charge the amount of said roll to him. The City 6ttorrey shall pay �p� ,ll moneys by him collected iz-to the City Treasury and the City reasurer shall receipt thereor in triplicate. The City attorney er shall, at the first regular meeting of the Courcil of each month, produce to said :ourQil a written report of all collections and actions by him taker in such matters, upon which report the Council shall take such action as to them shall seem proper. The City Attor- ey shall give receipts for all moneys thus collected and mark the G �! log sane "Paid"unor. said roll. the close of the term of said City $ 7 Attorr_ey, or -at ary time that the Council inay order the return of said roll, the Clerk shall make a fir_al settlement with the City 6.ttorrey therefor, givir• him credit for all Treasurer's receipts, and all unpaid assessmer s. SECTION 21: The mode of payment by Bonds shall be as follows: �.t In the Ordirance ordering the improvement the City Council shall typrovide for the payment of the cost ar_d expense of such improve- 04 rent by Bonds of the district, which shall include the property liable to assessment for the payment of the cost and expense of such improvement, according to the laws of the State of Washington, and this Ordinance, issued to the Contractor, or by the proceeds of such Bords to be issued and sold as hereafter provided. SECTIOr; 22: Such Bonds shall be issued inpursuaree of the �� rdizar ce orderirg such improvement and providing that the mode �Ll �f paymert therefor shall be "by Bonds", and by their terms shall be made payable on or before a date not to exceed ter years from r and after the date of the issuance of such Bords, which latter date shall be fixed by said Ordinance and shall bear such interest as may be provided it said Ordinance, rot to exceed eight percento per arnum, which interest shall be payable annually, or semi-an- nually, as may be provided in said Ordinance, and each Bond shall have attached thereto interest coupons for each interest paymert. Such Bords shall be it such deromiratiors as shall be provided in said Ordinance ordering their issue, and shall be numbered from ore upwards, consecutively, and each Bond and coupor shall be signed by the Mayor arid City Clerk of the City of Edmor_ds:. Provided, however, that said coupors may in lieu of being so signed have printed thereor fac simile of the signature of said officers and each Bond shall have theseal of the City of Edmonds affixed thereto, and shall refer to the improvement to pay for which the 95 same shall be issued and to the Ordinance ordering the same. Each Bond shall provide that the principal sum therein named, and the interest thereon, shall be payable out of the local improvement fund created for the payment of the cost and ex- perse of such improvement, and not otherwise. Such Bonds shall not be issued in ary amount in excess of the cost and expense of the improvement. SECTIOU 23: The Bonds issued under the provisions of this_ ,-, Ordinarce or such portion of such Bonds as may remain unsold if F' the same is ordered, as hereirafter provided, may be issued to the Contractor constructing the improvement in paymert therefor; or the Ordinance directing the issue of such Bonds may provide that the same may by sold by some duly authorized officer or officers of the City of Edmonds in the names prescribed therein, at not less thar their par value and accrued interest, and the proceeds thereof shall be applied in payment of the cost and ex- pense of the improvement. SECTION 24: In all cases where the City of Edmonds shall �� issue Bords as provided ir_ this Ordinance to pay the cost and ex per_se of any local improvement, the cost and expense shall be (/U assessed against the lots and tracts, which, under the provision of law and the provisions of this Ordinance shall be liable therefor; but the Ordinance levying such assessment shall de- clare that the sum charged thereby against each of said lots and tracts of land may be paid in equal annual installments; the rum- ber of Which installment shall be equal to the number of years i—, which the Bords issued to pay for the improvement may run, with �� interest upon the whole sum so charged at the rate farmed by said Ordir_arce, and each year thereafter ore of such irstallmerts to gether with the irterest due thereon and or all installments the re - after to become due shall be collected in the same manner as shall be provided by law and as provided by this Ordinance in cases where payment for improvements is to be made under the immediate payment plan ard mode. SECTIOF 25: The owner of any lot or tract of lard charged via th ary such assessment may redeem the same from all liability for the contract price of such improvement by paying the entire assessment charged agair_st such lot or tract of lard, without interest, within thirty days after notice to him of such assessment which notice shall be giver as follows: The City Treasurer, or such officer as may be charged with the collection of said assessments, shall, as soon as the assessment _F AD � roll has been placed in his hands for collectior, publish a r:otiee in the official newspaper of Edmonds, that the said roll is ire his hards for collection and that any assessment thereir may be paid at any time withir_ thirty days from the date of the publicatior of said notice without peralty, irterest or cost. The Bords herein provided for shall not be issued prior to twenty days after the expiration of the thirty days above mentioned, but may be issued at any time thereafter. The owner of ary such lot or tract of lard may redeem the same from all liability for said assessment at any time after thirty days by payir_g the entire installments of said assessments remainir_g unpaid and charged against said lot or tract of lard at the time of such payment with irterest thereor to the date of the maturity of the irstallmert next falling due. In all cases where any assessment or any irstallmert thereof is paid as hereir provided, the same shall be paid to the City Treasurer, or to the officer whose duty it is to collect the same, and all sums so paid shall be applied solely to the payment of the cost and expense of such improvement, or the redemption of the Bonds iesued therefor. t SECTIOT 26: If the City of Edmonds shall, fail, neglect or refuse to pay said Bonds, or to promptly collect any such assess- ments wher due, the owrer of ary such Bords may proceed iri his own ,"tO name to collect such assessment and foreclose the lien thereof in the Superior Court of the State of Washington having jurisdiction,'r and shall recover in addition_ to the amount of such Bords and irterest thereon, five percentum, together with the cost of suit. Any rumber of holders of such Bords for any single improvement may 17 join as plaintiffs, and any number of owners of the property on which the same are a lien may be joined as defendants to such suit. Ck SECTIM, 27: The City Treasurer shall pay the interest on the ords authorized to be issued by the Ordinance out of the respec- tive local improvements funds from which they are payable. When- ever there shall be sufficient money it ary local improvement fund agairst which Bonds have beer_ issued under the provisiors of this Ordinance, over and above sufficient for the payment of interest on all unpaid Bonds, to pay the prir;cipal on one or more Bonds, the geaeurer shall call ir. and pay such Bonds; provided, that such Bonds all be called in and paid it their r_umerical order: Provided further, that such call shall be made by publication in the City Official paper or the day following the delir_quercy of the in- stallment of the assessment, or as soon thereafter as practicable, and shall state that Bonds Teo. (giving the serial rumber or numbers of the Bonds called) will be paid on the day the next inter- est coupons on said Bonds shall become due, and interest or. said Bonds shall cease upor such date. SECTIOA! 28: Feither the holder nor the -owner of any Bond issued under the provisions of this Ordinance shall have any claim therefor a sir_st the City of Edmonds, except from the special assess- ment made or the improvement for which said Bonds were issued; but their remedy in case of non-payment, shall be confined to the en- forcement of such assessment. A copy of this Section shall be plain- ly written, printed or engraved on each Bond so issued. SECTI0U 29: ho suit to set aside any special assessmert, or to enjoin the making of the same shall be brought, nor any defense to the validity thereof be allowed, after the expiration of thirty days from the time the amount due or. each lot or tract of land li- able for such assessmert, is ascertained and confirmed by the Council and the assessment equalized and the levy made as provided in Sections 11 and'12 of'this Ordinance. ek.N-CA SECTI0L, 30: In making an estimate of the cost and expense of C any improvement as provided in this Ordinance, the Council and the Street Committee thereof shall include therein the estimated cost rd expense of the necessary ergir_eerir_g and surveying necessary or said improvement to be done by the City Engineer; and all the cost and expense of ascertaining the ownership of the lots and 'p tracts of land included in the assessmert district; and also the cost for extra service of any officer of the City or, whom extra duties are imposed by reason of making such improvement, also the cost of advertising and publishir_g all notices to be published. SECTIOL 31: The term City Engineer in this Ordinance shall be r�t erg to include ary surveyor or civil engineer whom the City may ! Wes' procure, elect, or employ to do the work herein provided, or such &' ergireer as the K'ayor may appoir_.t as City Engineer. SECTIOI, 32: In payment to the Contractor of such part of the q� im-rrovemert as is to be paid for by the property benefited, the y't ^ity may issue warrants from time to time, as the work progresses �por the special improvement fund, which shall bear irterest at the 109-rate of not more than ter, percent. per anrum, to be provided in the Vq Ordinance ordering the improvement, from the date of the delinquency of the assessment. r3assed by the Council April 1st, 1909. Approved April 1st, 1909. Attest: Geo.aT.Leyda, Clerk. James Brady, 1jayor. I, Geo.�,.Leyda, hereby certify that the foregoing Ordinance 17o.177 is a correct and true copy of said Ordinance, passed and approved or the first day of April 1909. Geo -,K. Leyda, City Clerk.