Ordinance 0010ORDI UNCE NO- 10 -
An Ordinance prescribing the mode in which the costs and ex-
penses of all public improvements which, by the p_zgvisions of an
Act of the Legislature of the State of Washington, entitled, "An
Act providing for the organization, classification, incorporatioa
and government of imunicipal corporations, and declaring an emer-
geney", approved March 27th, 1890, are to be provided for and
paid by special aszessments upon property, shall be divided, ap-
portioned, assessed and collected.
--Be it ordained by the Council of the Town of Edmonds.
SECTION It Hereafter before ordering any street work done /,oG"&
or street improvements made, the town Council shall pass a '
resolution declaring its intention so to do, and shall thereafter
cause a survey, map, profile and estimate of the entire cost
thereof, to be made by the Town Engineer. The said survey, map, y
profile and estimate shall be filed in the office of the Clerk o ,
the Town of Edmonds for the inspection of all parties interested
therein, and the said Clerk shall forthwith cause a notice of
such filing of such survey, map, profile and estimate to be pub-
lished for one week, by one insertion insome newspaper published
in the town. Such notice must contain a true copy of said reso-
lution of intention and must specify the street, highway or alley
or part thereof proposed to be improved and the kind of improve-
ments proposed to be made together with such estimated cost and
expense thereof. Said improvements shall be made at the expense
of the owners of the lots and parcels of land fronting upon the
street, highway or lot proposed to be improved within the limits
of the improvement thereof lengthwise of such street, highway or
alley.
SECTION 2: Such costs and expenses shall be assessed upon C aI.G6
said lots and parcels of land in the following manner: the costs 4-
or expenses of improving and repairing streets, side walks, alleyssIt
squares and other public highways and places within the town, re-
moving obstructions therefrom, grading, planking, paving, macadam- e4
izing, graveling and grubbing the same and constructing gutters, cc-
culverts and side walks therein, shall be assessed upon the loin ,
or land fronting thereon, each lot or portion of lot to be separ-
ately assessed for the full depth thereof in proportion to the
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benefits upon the property to be benefited, " sufficient to cover
the total expe:ases of the work to the center of the street on
which it fronts; provided, that the Council may expend from the
general fund for said purposes a sum which, in their judgment,
may be necessary. The expense of all improvements in the space
formed by the junction of two or more streets or when one main
street terminates in or crosses another main street and also all
necessary street crossings and cross ways at corners or inter-
sections of streets, and the expense of establishing, building
and repairing bridges in such town, shall be assessed against
the town to be paid from the general fund, except that lots front-
ing against the end of a terminating street shall pay to the
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. center line of the street on which they front as hereinbefore set
forth. The assessment of all costs as set forth in this section
shall be made by the Engineer in charge of the improvement or
other person or officer appointed by the Council. The said Engi-
neer or other person or officer shall take into consideration and
make proper allowance for any and all work done by the owners of
said several lots, portions of lots, pieces, parcels and subdivi-
sions of land in front of their respective lots; provided that no
assessment shall be levied on any property, which, together with
all assessments for street improvements that may have been levied
upon the same ;property during the trecadiag year, will amount to
a sum greater than fifty percent of the value at which said pro-
perty was assessed upon the last preceeding assessment role of the
town.
�r SECTIOid 3: Within ten days after the street improvement is
XLt_ ordered, -unless further time be granted by the Council thereon,
the said Engineer or person in charge thereof shall make out and
complete an assessment list which shall show an exhibit in separ-
ate columns.
First: The name of the owner of each separate lot, piece,
6W*'��parcel
or sub -division of land separately assessed, if known to
him, and if the name of the owner be unknown to him, the word "ua -
known" shall be written opposite the number of such sub -division
of land.
Second: The assessment number of each sub -division of land
separately assessed.
Third: A brief description by lot ani block or otherwise of
k� each such sub -division of land and the addition to said town in
which said lot or block is situated, which in connection with the
map hereinbefore and hereinafter mentioned shall be sufficient
` Ifor the identification and location of each such sub -division of
• land, and also the assessed value of each such sub -division of
land,according to the assessment role of the preceeding year, ex-
cept where lands have been platted -;.n lots of blocks subseq;aent
to making of the assessment for the preceeding year; in which
case such lots or blocks shall be assessed by the Engineer or per-
son appointed by the Council. Provided, that for all lots, blocks
or sub -divisions of land assessed for said purpose during the
year 1890 the assessed valuation thereof shall be made, by the
Engineer or person authorized by the Council, to make the same.
Fourth: The amount assessed separately to each of such sub-
jF�ITt i-Vision. To the assessment list thus completed, said Engineer
person authorized by the Council to make the same, shall attach
said nap shoring the relative location of each of said subdivi-
sions of land to the work proposed to be done, each of whichsaid
sub -divisions of land shall by him be numbered bn said map to
correspond each respectively with its assessment number as shown
on said assessment list and said assessment list and said map tilts
attached shal constitute and be known as the assessment roll.
Said assessment roll when completed shall be by said Engineer or
person making the same, filed with the Clerk of said Town of
Edmonds.
�A SECTIOJ 4: That within. seven days after the filing of such
assessment roll, the perk shall advertise a notice for one
week in a newspaper published in the town, that said assessment
roll (describing it) has been filed in his office, that the same
Is open to public inspection and that any person feeling himself
l a.grieved by such assessment, may apply to the Council to have the
same corrected at a meeting of the Council to be designated in
such notice, which meeting shall be the first regular meeting
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after the last publication of such notice; one insertion of such
notice in said newspaper shall be deemed to constitute one Oweeks'
publication of said notice within the meaning of this Ordinance.
SECTION 5: That, at the first regular meeting of the Coun-
cil a f t e.-r the last publication of such notice, the Council
shall equalize such assessment and shall hear all complaints G�cd��adry
concerning such assessment roll and determine the same and may
raise or lower the valuation of any lot or parcel of real estate
listed on such assessment roll soas to make the assessments equal #.e
and uniform as near as may be on all property in the assessment
district and shall, if any lot or parcel of real estate within
such assessment district be found to have been omitted from such
assessment roll, list the same and place a just valuation thereon:
provided, that the valuation of any lot or parcel of real estate
shall not be raised by the Council without the owner's consent
until at least two days written notice thereof shall be given to
the owner of such premises if such owner be found within the town.
If not so found, then notice of such proposed change in the value
of such assessment must be first published for at least one week
by one insertion'in a weekly newspaper in said city, and the
Council may adjourn from time to time if necessary until the
equalization of such assessment roll be completed.
SECTION 6: As soon as practicable after such assessment G0"1, d�c%L
shall have been equalized and all irregularities corrected there-
in by the common Council., the Council shall pass an order ap-
proving and confirming said proceedings, anC said assessment so
corrected by them and their decision and order shall be a final 'l
determination of the regularity, validity, an4peorrectness of
said assessment and the amount thereof levied -on each lot or
parcel of land, and shall bar all persons from any further re-
course in law.
SECTIOid 7 : That within ten days after the Council shall have
equalized the said assessment and made all corrections therein
and approved and confirmed the same, the Clerk shall extend upon
a duplicate assessment roll for the sane, the amount of the as-
sessment upon each lot or parcel of real estate listed in said C
assessment roll and deliver the duplicate assessment roll to the ��
Treasurer of said Town, and the Clerk shall, within .five days
thereafter, publish a notice in a newspaper in said town to the
effect that all assessments upon such rolls must be paid to the
Treasurer within forty days after the first publication of such
notice, that the same will then become delinquent and such notice
shall be published by inserting the same in full in two issues of
a weekly paper published in said town.
SECTION 8: That all assessments not paid within the time
specified in such notice as prescribed in the preceeding section,
shall be delinquent, and the same with interest at the rate of
ten percent from the date of such delinquency until paid, to-
gether with a penalty of five percent and costs, shall be
collected by suit and foreclosure of the lien for the same as
hereinafter provided.
SECTION 9: Such assessments shall be collected and such nw-lut,vlrl �
liens enforced by actions of law or suit in equity in the name
of the town of Edmonds, in the Superior Court of Snohomish County
and in any such action or suit it shall be a sufficient state- ft
L1i
ment of the cause ofaction in the complaint to allege the making ��
and completion of the improvement (describing it) and the amount
of the assessment on the premises proceeded against, giving an
accurate description thereof of the amount of such assessment re-
maining unpaid, and the names of the owner of, and each person
having an interest in, such premises at the time of commencing
the action or suit. And the plaintiff shall be entitled to in
elude and recover the amount of the assessment and interest
thereon at the rate of ten percent from the time when the assess-
ment shall have become delinquent and five percent additional p '
as penalty and damages for delay, together with an Attorneys' fee & axt
of Twenty-five ($25.00) Dollars and the costs of the said action /
or suit.
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SECTION 10: No improvement as herein provided for shall
--77-- 4be done except by contract when the expenditure required for the
Cam Lea
same exceeds the sum of one hundred dollars, and the same shall in
such cases be let to the lowest responsible bidder after due
notice as hereinafter provided. All such contracts.shall be in
writing and no such contract shall be executed on the part of the
Town of Edmonds until the contractor shall execute a bond to the
Town of Edmonds in such sum as the Council may direct with'two ar
more sureties to thesatisfaetion of the Council, conditioned that
such person shall pay all laborers, mechanics, material men and
all persons who shall supply such contractor with provisions or
goods of any kind; and all just debts due to such person or to any
person to whom any part of said work is given, incurred in carry-
ing on such work and shall faithfully perform all the terms and
conditions of said contract; and the sureties upon said bond shall
justify as bail upon arrest, and shall also execute to the State
of Washington a bond conditioned and sworn to as hereinbefore pro-
vided, in an amount equal to the full price agreed to be paid for
such work or improvement. Before entering into any contract as
hereinbefore provided, the Council shall invite sealed bids for
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such improvements by publishing a notice for one week by one in-
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sertion in some newspaper published in the town. nll bids for
such improvements shall be filed with the Clerk of the Council
within such time as may be specified in the notice and none other
will be considered by the Council, provided, the Council shall
have the power to reject any and all bids.
SECTION 11: All such assessments shall be liens upon the
property assessed and all such liens shall relate back and take
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effect as of the time of the first publication of the notice of
the proposed improvement provided for in Section 1 of this
Ordinance.
JJ�� SEM01 lc: Atio demands shall be necessary for any such as-
f�n��`�essment but it shall be the duty of every person whose property
-is assessed,as herein provided, to attend in person or by his
agent at the office of the Treasurer of the Town of Edmonds, and
nay all such assessments levied upon such property before the de-
linquency thereof.
A- SECTION 13: That initial letters, abbreviations and figures
may be -azed to �Z d designate sectiions, lots and btlocksand saddranges,
itionsinthe cassessme ttions or aroll rts oor
list as herein Droviied.
SECTION 14: That this Ordinance shall take effect and be in
force from and after its passage, approval and publication.
gassed by the common Council of the Town of Edmonds this
UJ� eleventh day of Novemmber 1890.
Approved by me this eleventh day of November-.-1890.
F.L.Brown, Mayor Protem of the Town
of Edmonds.
Attest: Frank Asheraft, Clerk of the Town of Edmonds.
2u.blished this 15th day of November 1890.
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