Ordinance 651ORDINANCE 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. pertaining to Local Improvement
Districts, and contrac.s for public improvemen,s and all amendments thereio, repeal-
ing Ordinance No. ;?35 and all other Ordinances and parts of Ordinances in conflict
Herewith.
The City Council of the City of &—nonds does or lain as follows:
SDC"TION 1: All local improvements whicn may hereafter be provided for
by the C; } Cuuncil of the City of Edmunds and which are included and described in
Chapter 35. -13 R.C. W. entitled "L,tcal Improvements- -Authority --Ini.iation 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 l: Such local improvements may be initiated either by petition
signed as provided in R.C. W. Section 35.43. 1440, (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
auy 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. 1.10 and
�)5.4s. 150 and all amendments thereto.
SECTION 3: All Bonds issued in pursuance of the provisions of this Ordinance
0 and the Laws of the State of Washington shall be in substantially the following form:
N.: .
STATE OF WASHINGTON
CITY OF EDMONDS
Local lmprov,,rrent Bond
L. 1. D. NO.
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. SecLion 35. 45. 030; and R.C. W. Section 35.45. -
070 which reads as follows:
"Neither she holder nor owner of any bond, inter 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 imprciement 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 t`.e improvement and to the guaranty
fund.
THE CITY OF EDMONDS, a municipal corporation of the State of Washington,
nereby pror 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 Impro% ement Fund District No.
of the City of Edmonds, and no otherwise, both principal and interest payable at the
off., c of the City Treasurer of said C ity.
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 t .e 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 this 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.
: wwspaper 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
ATTEST:
City Clerk
THE C IT Y OF EDMONDS,
BY
Mayor
There shall be a.tached to each Bond such number of coupons, not exceeding t,vc: as
shall be required to represent the interest thereon, payable annually for the term of
said Bonds, which coupons shall be in substantially the following form:
No, $
Ori the__ day of _ 19
CITY OF EDMUNDS, STATE OF WASHINGTON
Promises to pay to the bearer at the office of its City Treasurer
Dollars
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 thereil, +he number of .he Local Improvement Fund DiArict
• for which the 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 snake 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
411
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. ) 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-1 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 ns set forth ir. R.C. W. CHapter 35. 50 and all amendments thereto and the same is
hereby incorporated in and made a part of this section by reference. Provided, however,
that in case of such foreclosure there shall be "dried to the cost and expense provided
by R.C. W. Chapter 35. 50, such reasunable attorney's fees as the court may adjudge
to be such and the amount thereof apportioned to each delinquent assessment or install -
merit 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 be 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 Bunds issued for such improvement. It shall be
the duty of the Treasurer to call and pay in numerical order such outstanding bondr;
. against any particular improvement fund as he may ue able topay 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 sha:l be retained to secure the payment of laborers who have performed
work thereon, arid material men who have furnished materials therefor, and sura
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 (159'•) so reserved for labor done and
mat er,,,'s furnished, which lien shall be st nior ,o all other liens, whe, her by judgment,
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 1.0tify
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 agart,. '
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 let 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 � )ntracts, the City Coui,eil shall cause to be published and
posted a call for bids as set forth in I.C. W. Section 35. 23. 352. Such notice shall
state generally the work to be done anu shall call for proposals for doing the same, to
be sen led and filed with the City Clerk on or before the day an,i hour named therein.
All bids shall be accompanied by a certified check, p- yable to the City Clerk, for a
sum no: less than five per cent (5%) of the amount of the bid, and no bid shall be con-
sidered u :less 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; no bid 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 )r work can be done by the city at less cost than the lowest bid
submttted,it may do so without making a further call for bids or awarding any contract
therefor, and in such cases all checks shall be retur..ed 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 tl n bidder and the City
in accordance wt,h 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
bruder, 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 0 -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 unde, 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 >f 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 ebiimate 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 izisued 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 -)f the contract. All fixed
estimate costs incurred by the city 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 luncil at the next regular meeting, or at a special meet�ng
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 :end after the date fixed uy the Treasurer in a call for the redet:ip-
tion thereof.
The fifteen per cent (15%) required to be meld as a reserve to protect laborers
and material men for a period of thirty (30) days after final co ipletion of the wc. k,
shall, at the expiration of such period, be paid to the contras or 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 .A 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 thet -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 coniract purchaser of the bonds
. shall be required to pay the amour:+ 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 wt., 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 fixed 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.
SDCTION 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 t.
ATTEST:
City Clerk
PASSED:
PUBLISHED.,"
l�
MA YOR