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Ordinance 651• ORDINANCE NO. 651 An Ordinance relating to local improvements in the City of Edmonds, setting up procedures to be followed in accordance with the Laws of .he State of Washington, adopting by reference those portions of R.C.W. per:aining to Local Improvement Districts, and contrac,s for public improvements and all amendments thereo, repeal- ing Ordinance No. 235 and all other Ordinances and parts of Ordinances in conflict Herewith. The City Council of the City of Ec..nonds does or lain as follows: SECTION 1: All local improvements whicn may hereafter be provided for by the C;•y Council of the City of Edmunds and which are included and described in Chapter 35.43 R.C. W. entitled "L,)cal Improvements--Authority--InLiation of Pro- ceedings , the cost and expense of which shall be levied and collected by special assessments against property specially benefited thereby, shall be done in accord- ance with said R.C. W. Chapter 35. 43 and Chapter 35. 44, this Ordinance, the Session Laws of the State of Washington and all amendments thereto, and the same are hereby adopted by reference. SECTION 2: Such local improvements may be initiated either by petition signed as provided in R.C. W. Section 35.43. 140, (but if such property be the property of a community under the laws of the said State, the same, as well as all protests to any proposed improvement by resolution shall be signed by both husband and wife) or by a resolution passed by said Council as provided by R.C. W. Sections 35. 43. 1-i0 and . 5.4s. 150 and all amendments thereto. SECTION 3: All Bonds issued in pursuance of the provisions of this Ordinance and the Laws of the State of Washington shall be in substantially the following form: STATE OF WASHINGTON N.:. CITY OF EDMONDS Local lmprov. rnent Bond L. 1. D. NO. 1. • • N. H. - This bond is issued by virtue of the pro- visions of R.C. W. Sections 35. 54. 010 to 35. 54.090; R.C. W. Sections 35.43.040, 35.43. 130, et seq. ; R. C. W. Section 35. 45. 030; and R.C. W. Section 35.45. - 070 which reads as follows: "Neither ,.he holder nor owner of any bond, into, es, coupon, or warrant is- sued against a local improvement fund shall have any claim therefor against the city or town by which it is issued, except for payment from tue special assessments made for the improvement for which the bond or warrant was issued and except also for pay- ment from the local improvement guaranty fund of the cit} or town as to bonds issued after the creation of a local improvement guaranty fund of that city or town. The city or town shall not be liable to the holder or owner of any bond, interest coupon or war- rant for any loss to the local improvement guaranty fund occurring in the lawful opera- tion thereof." The bondholder's remedy in case of non-payment shall be confined to the en- forcement of the special assessments made for tt.e improvement and to the guaranty fund. THE CITY OF EDMONDS, a municipal corporation of the State of Washington, nereby pron ises to pay to or bearer, DOLLARS lawful ;Honey of the United States, with interest thereon at the rate of ( ) per cent, per annum, payable annually, out of the fund established by Ordin- ance N, . of said City, k•.own as Local ImproN ement Fund District No. of the C ity of Edmonds, and no otherwise, both principal and interest payable at the off., c of the City Treasurer of said City. A coupon is hereto attached for each installment of interest to accrue hereon, and said interest shall be paid only on presentation and surrender of such coupons to the City Treasurer, but in case this bond is called for payment before maturity, each and every coupon representing interest not accrued at tHe time this bond is payable under such call shall be void. This bond is payable on or before the day of , 19, and is subject to call by the City Treasurer of said City, whenever there shall be sufficient money in said Local improvement Fund to pay the same and all unpaid bonds of the series of which this bond is one which are prior to this bond in numerical order over and above sufficient for the payment of interest on all unpaid bonds of said series. The City Council of said City, as the agent of said Local Improvement District No. , established by Ordinance No. has caused this bond to be issued in the name of said City as the bond of said District, tr.e bond or the proceeds thereof to be applied in part payment of so much of the cost and expense of the improvement of and such other work as may be necessary to make a complete improvei..ent under said Ordinance No. as is levied and assessed against the property included in said Local Improvement District No. , and benefited by said improvement, ana the said Local Improvement Fund District No. of the City of Edmonds, has been es- tablished by Ordinance for the said purpose; and the holder or holders of thin bond shall look only to said fund or to the Local Improvemen Guaranty Fund for the pay- ment of both the principal and interest upon this bond. The call for payment of this bond or any bond of the series of which this is one, shall be made by the City Treasurer by publishing the same in the City official 2. nowspaper of said city, and when such call is made for the payment of this bond, it will be paid on the day the next interest coupon th.:reon shall become due, atter said call, and upon said day, interest upon this bond shall cease, This bond is one of a series of bonds aggregating in all 'he principal sum of $ , issued for said Local Improvement District No. , all of which bonds are subject to the same terms and conditions as herein expressed. IN WITNESS WHEREOF, the City of Edmonds has caused these presents to be signed by its Mayor and attested by its Clerk, and sealed with its corporate seal this day of , 19 THE CITY OF EDMONDS, ATTEST: BY C ity Clerk Mayor There shall he a.tact:ed to each Bond such number of coupons, not exceeding two:. as shall be required to represent the interest thereon, payable annually for the term of said Bonds, which coupons snail he in substantially the following form: No. $ Or. the day of , 19 CITY OF EDMONDS, STATE OF WASHINGTON Promises to pay to the bearer at the office of its City Treasurer Dollar s being one year's interest due that day on Bond No. of the Bonds of LOCAL IMPROVEMENT DISTRICT NO. of the CITY OF EDMONDS, and not otherwise provided that this coupon is subject to all the terms and conditions contain- ed in the bor i to which it is annexed, and if said bond be called for payment before maturity hereof this coupon shall be void. ATTEST: City Clerk of the City of Edmonds Mayor of the City of Edmonds SECTION 4: The City Clerk shall keep in his office a record of all such Bonds issued. He shall enter therei'! she number of .he Local Improvement Fund District for which tiie same are issued, the number of such Bond, the date of issue, amount, interest, to whom sold and delivered, and when and where payable. SECTION 5: When any assessment has become delinquent it shall be the duty of the City Treasurer to make and file with the City Clerk a statement of all such de- linquencies, and he shall immediately thereafter proceed to sell ali such property as 3. • appears as delinquent un said roll for the amount of such delinquent assessment or installment, together with penalty and interest accruing to the date of sale all in ac- cordance with R.C. W. Chapter 35. 3 and all amendments thereto and the same is ereby incorporated in and made a part of this section by reference. SECTION 6: Whenever, in the opinion of the authorities of said City, the con- dition of any Local Improvement assessment roll shall be such that it becomes necessary or expedie,to foreclose the lien of such assessment, after the same shall become de- linquent, as aforesaid, whether the same became delinquent prior or subsequent to the passage of this Ordinance, it shall be lawful for the City of Edmonds to proceed to a foreclosure thereof in any court having jurisdiction thereof, in the manner provided by law as set forth ir. R.C. W. CHapter 35.50 and all amendments thereto and the same is nereby incorporated in and made a part of this section by reference. Provided, however, that in case of such foreclosure there shall be added to the cost and expense provided by R.C. W. Chapter 35. 50, such reasonable attorney's fees as the court may adjudge to be such and the amount thereof apportioned to each delinquent assessment or install- ment appearing on said roll. SECTION 7: Every Ordinance ordering any improvement shall fix the boundaries of the district which will be assessed to pay the cost and expense thereof, and shall also create a special fund to be known as "Local Improvement Fund District No. into which shall he placed all sums paid on account of such assessment, including interest and penalty thereon, and in the event of sale of such Bonds by the City, all premiums and accrued interest on the Bonds issued for such improvement. It shall be the duty of the Treasurer to call and pay in numerical order such outstanding bond, . against any particular improvement fund as he may ue able top ay with money on hand credited to such fund. SECTION 8: In letting all contracts for public improvements the City Council shall provide therein that at least fifteen per cent (15%) of the amount due the contractor on estimates shall he retained to secure the payment of laborers who have performed work thereon, and material men who have furnished materials therefor, and such 4. laborers and material men shall, for thirty (30) days after their work has been com- pleted, have a lien upon such fifteen per cent (15 %) so reserved for labor done and matct tals furnished, which lien shall be sf nior ,o all other liens, whe' her by judgmcnL, attachment or contract, and which claim of lien shall he made in writing and filed with the City Clerk within said thirty (30) days after the cessation of said work and labor or the furnishing of such material, and when said claim is filed the City Clerk shall i.otify the contractor that such claim is filed. If the contractor shall dispute said claim of lien, and shall desire to litigate the same in any court and such claim of lien be estab- lished, and the City shall be made a party to said action, there shall be taxed up agaii,. ' said contractor a reasonable attorney's fee in addition to the costs allowed by law. SECTION 9: That City Council may provide that all the work to be done in any local improvement district shall be let in one (1) contract; or, at its option, it may provide that the work in any local improvement district be subdivided and separate and distinct contracts be iet for each subdivision thereof. All public improvements to be made by contract shall be let to the lowest bidder therefor. Before awarding any such contract, or •nntracts, the City Coui,cil shall causf to be published and posted a call fur bids as set forth in I.C. W. Section 35. 23. 352. Such notice shall state generally the work to be done and shall call for proposals for doing the same, to he sealed and filed with the City Clerk on or before the day and hour named therein. All bids shall be accompanied by a certified check, p- yable to the City Clerk, for a surn not less than five per cent (5%) of the amount of the bid, and no bid shall be con- sidered uhless accompanied by such check. SECTION 10: At the time and place named in such notice to bidders, such bids shall be publicly opened and read; nu hid shall be rejected for informality, but it shall be received as a bid if it can he understood what is meant thereby. The Council shall proceed to determine the lowest bidder and may let such contract to such bidder. The City Council shall have power by resolution to reject any or all bids and to make 5. • further calls for bids in the same manner as the original call, or if in its judgment the improvement Jr work can be done by the city at less cost than the lowest bid submitted,it may do so without making a further call for bids or awarding any contract therefor, and in such cases all checks shall be returned to the bidders by the City Clerk; but if the contract be let, then, and in such case, all checks shall t returned to the bidders, except that of the successful bidder, which shall be retained until the contract be entered into for making such improvement between the kidder and the City in accordance with such bid, and the duly approved and accepted Forid therefor be filed in the office of the City Clerk. If said bidder fails to enter into such contract in acco dance witn his bid within ten (10) days from the date at which he is notified that he is the successful bidder, the City Clerk shall write or print across the face of the certified check: "Forfeited to the City of Edmon.'.s, , Cit Clerk", and shall a -liver said check to the City Treasurer to be deposited to the credit of the local improvement fund for which the same was given, and the Council shall re -adver- tise for the bids for such work. Neither the City Council nor any officer of such City shall have the power to remit such forfeiture. SECTION 11: In letting all contracts for public improvements under this Ordinance, he Council shall comply with R.C. W. Chapters 39.04 and 39.08 and the same are hereby incorporated in and made a part if this section by reference. The Council shall further limit the time within which said work shall be completed, and during the time allowed in the contract for the completion of the work, the City Engineer shall, on the last day of each month, issue an esdmate of the amount of work done by the contractor during the month: but shall, after the date for completion of the contract, furnish no es+imate other than the final estimate issued after the completion of the work. Said final estimate issued by the City Engineer shall include, in addition to a statement of the amount due the contractor, a statement of the amount of money expended for fixed estimate costs prior to the date set for the completion of the contract. All fixed estimate costs incurred by the c>.cy after the time fixed in the contract for its completion 6. shall be borne by the contractor as a penalty for failure to complete the work within the specified time. All estimates of the City Engineer shall be filed in ;he office of the City Clerk and by him reported to the C limed at the next regular meeting, or at a special meeting called for that purpose, and r of more than eighty-five per cent (85%) of such estimat, shall be allowed and all ware ants ordered in payment there shall be drawn only upon the particular local improvement fund under which the work is done, and which war- rants shall bear interest at a rate not to exceed eight per ent (8%) per annum from date until redeemed either in money or bonds by the Treasurer, and shall cease to draw such interest from :,nd after the date fixed uy the Treasurer in a call for the redemp- tion thereof. The fifteen per cent (15%) required to be held as a reserve to protect laborers and material men for a period of thirty (30) days after final co• ipletion of the work, shall, at the expiration of such period, be paid to the contrac• Jr in warrants on such special fund so far as the same may be free from claims of liens, and which warrants shall draw interest as above set forth. SECTION 12: The cost and expense incurred by the City in engineering and surveying necessary for such improvement, and ail cost of preparing all necessary data, including the cost of ascertaining the ownership df the property included in the assessment district, advertising and publishing all notices required to be published, shall be called the "Fixed Estimate" and all bidders shall include the amount the :of in all such bids. If the cost and expense of the improvement to be provided b the mode of "Payment by Bonds" the contractor or the contract purchaser of the bonds . shall be required to pay the amoua, of the "Fixed Estimate in cash or certified check to the City Treasurer to be by him placed to the credit of the local improvement fund with which to redeem all warrants issued for such fixed estimate, and an amount equal therewith in interest bearing warrants shall be issued to the contractor or the contract purchaser of the Bonds. The City Treasurer shall place so much of said • • "Fixed Estimate' paid in by the contractor or the Bond Purchaser into the Local Im- provement District fund as wi., represent the total sum of the warrants and interest to be drawn on that fund for "Fixed Estimate' costs. The City Council shall have the right to vary the amount of the fixeu estimate as .he circumstances may require. SECTION 13: All proceedings necessary for the making of public improvements, and ,he assessment and collection of the cost and expense thereof, not specified in this Ordinance, or amendments thereof, shall be done and performed in the manner and in accordance with the laws of the State of Washington. SECTkuN 14: That Ordinance No. 235 of the Ordinan2es of said City, entitled ''An Ordinance Relating to Local Improvements in the City ,'f Edmonds and all Ordin- ances amendatory thereof, be, and the same are hereby repealed, except as to all actions and proceedings taken under the same. SECTION 15: This Ordinance shall take effect and be in force by ''irtue of its passage and approval, and its publication in accordance with law. f i ATTEST: ��. �.._ City Clerk PASSED: '/%7.4--.Y-ctt /�• , % �,' PUBLISHED:.',/> r .'' 74- 1 MA YOR