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Ordinance 0235129 ORDINANCE N0.235. An Ordinance relating to local improvements in the City of Edmonds, and repealing all Ordinances and parts of Ordinances in conflict herewith. The City Council of the City of Edmonds do ordain as follows: 3ECTI0111: All local improvements which may hereafter be pr&F11 vided for by the City Council of said City and which are included j.� and described in Sections 3, 4, 5 and 6 of an Act of the Legisla- ture of the State of Washington_, entitled, " An Act relating to local improvements in cities and towns and repealing certain Acts and parts of Acts," approved March 17, 1911, the cost and expense of which shall be levied and collected by special assessments against property specially benefited thereby, shall be done in ac- cordance with said Act of the Legislature and this Ordinance and Acts and Ordinances amendatory thereof. SECTION 2: Such local improvements may be initiated either by /_�_�r petition signed Asprovided in Section 9 of said Act, (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 improve- ment by resolution shall be signed by both husband and wife) or by a resolution passed by said Counoil as provided by Section 10 of said Act. SECTION 3: Whenever such improvements has been initiated, askizal i aforesaid, it shall be the duty of the City Engineer, or such com- mittee, officer or authority, as the Council may designate to make and report to the Council on or before the date fixed by the Coun- cil for a hearing thereon an estimate of the cost and expense of such proposed improvement, and a statement of the aggregate assessed valuation of the real property in the proposed district, exclusive of improvements last placed upon it for the purposes of general taxation, together with a map or diagram showing thereon thelots, tracts and parcels of land and other property which will be specially benefited thereby, together with an estimate of the cost and ex- pense of said improvement to be borne by each lot, tract or parcel of land or other property. Provided, however, that in making such estimate of the cast and expense of such improvement, as provided by this Ordinance, J/yt, there shall be included therein the estimated cost and expense of the engineering and surveying necessary for said improvement to be done by and under the direction of the City Engineer, and also the cost of ascertaining the ownership of the lots and parcels of land included in the assessment district and the cost of advertising and publishing all notices required to be published, and also shall add as a charge against each description of property appearing up- on any assessment roll the following sum, to -wit: In case of "immediate payment" assessment, the sum of forty (40) cents per description; in case of assessments payable in five` (5) annual installments, the sum of One Dollar ($1.00) per descrip �c tion; in case of assessments payable ir_ ten (10) annual installt"lly - ments, the sum of One and 75/100 ($1.75) Dollars per description, which sum in a particular case will be the charge for the cost of the accounting, clerical labor, books and blanks incurred by the City of Edmonds in connection with such assessment, which sums, when collected, shall be placed in the current expense fund. SECTION 4: It shall be the duty of such City Engineer, Com-� . mittee, or Officer to prepare an assessment roll on which shall � t s appear, under appropriate items and heads, the report of estimates of cost and expense to each lot or parcel of land, as herein pro- vided, and which shall be preserved and used as the assessment roll of said district after the said assessment has been finally made and equalized by the Council in the manner provided by Sec- tion 21 of said Vt of the Legislature.�,t R SECTIOE 5: Whenever an assessment roll shall be confirmed by the Council, the same shall be done by Ordinance, which shall declare the same to be and constitute a lien upon each lot, tract, 13 parcel of land or other property appearing upon such roll in the amount charged against the same. Upon the enactment of such Ordi- ranee the City Clerk shall certify the same U the City Treasurer for collection in accordance with the Ordinance ordering the same and confirming the roll, and the City Treasurer shall proceed with the collection of the same as follows, to -wit: {I Whenever the cost and expense of such improvement shall be pa Y ble by the mode of T'immedia.tg payment" the City Treasurer shall, . por receipt of such roll, publish notice in the official paper of e City for two consecutive issues thereof that the said roll is n his hands for collection and that any assessments thereon, or any portion of any such assessment may be paid at any time wi'thir_ thirty ( 30 ) days from the date of the_ first publication of said notice, without penalty, interest or costs, and that unless such payment be made withir.� such time, such assessment or unpaid portion there- of will become delinquent. Upon delinquency a penalty of five per cent (5%) shall attach to and become a part of all such assessments. Delinquent assessments shall draw interest at the rate of eight percent (8%) per annum until paid. Such delinquent assessments with penalty and interest shall forthwith be collected and the lien therefor be enforced in the manner provided herein and by said Act of the Legislature. Wherever the cost �t and expense of any such improvement shall be b ble y the mode of apaymert by Bonds",the whole, or any por- tion of any assessment may be paid without penalty or interest dur- ` ing the first thirty (30 ) days following the date of the first publication of the notice by the City Treasurer that the -roll is in his hands for collection, except that there shall be charged 40 cents per description as in case of immediate payment, and the un- paid balance, if any, may be paid in equal instalments, the number of which shall equal the number of years which the Bonds to pay for the improvement shall run; or, the lien of any such assessment may be discharged at any time after the said thirty (30) days by pay- ing the entire unpaid portion thereof with all penalty and costs attaching, together with all interest which will have accrued thereon to date of delinquency of the installment thereof next falling due. The first instsUment shall become due and payable during the thirty -day period succeeding a date one (1) year after the date of the first publication of such notice, and annually thereafter {. each succeeding installment shall become due and payable in like manner. If the whole, or any portion, of any assessment remain unpaid after the first thirty -day period herein provided for, in- terest upon the whole unpaid sum shall be charged at the rate fixed in the Ordinance providing for such improvement, and each year thereafter one of said installments, together with the inter- est upon the whole unpaid balance shall be collected. Any install- ment not paid prior to the expiration of the thirty -day period during which said installment is due and payable., shall thereupon becTe delinquent. Ut��i ��,t,i" All delinquent installments shall, until paid, be subject to "'an IV additional charge of five per cent (5%) penalty levied upon "`both principal and interest due in such installment or install- ments. Provided, that whenever such installment shall become due and payable, the City Treasurer shall publish a notice thereof for two consecutive issues of the official newspaper of said city prior to the date of the delinquency of such installment, and shall mail a copy of such notice to the owner of the property assessed, when the post office address of such owner shall be known to him, but failure to mail the same shall not be fatal to such assessment when publication is made. SECTIOU 6: At the expiration of thirty (30) days after the date of the first publication of the Treasurer's notice as pro- vided herein_, the City Treasurer shall report to the City Clerk the total amount of the assessment, the total amountpaid to him to redeem any lots, tracts, parcels of land or other property from the assessment levied thereon, and the total amount -unpaid on such assessment; whereupon the Mayor and City Clerk shall issue the Bonds on the local improvement district established by the Ordinance providing for such improvement in an amount equal 131 to the amount remaining unpaid on said assessment roll as shown by such -report. The Bonds herein provided for shall be in such denominations as the Council in the Ordinance ordering such im- provement, or in the Ordinance confirming the assessment roll shall provide. Such Bonds shall be numbered consecutively up- ward, and each Bond and Coupon shall be signed by the Mayor and attested by the City Clerk. Provided, however, that said coupons may, instead of being so signed, have printed thereon the fac simile of the signature of said officers,and each Bond shall have impressed thereon the Seal of the City of Edmonds, and shall re- fer to the improvement to pay for which the same shall be issued and to the Ordinance ordering the same. Such Bonds,by their terms, shall be made payable on or before�s a date not to exceed ten years from and after the date of their issue, which date may be fixed by the resolution or by the Ordi- nance ordering such improvement, and shall bear interest at the rate provided in said Ordinarce, not exceeding,however, eight (8) percent. per annum, such interest to be paid annually,and each Bond shall have attached thereto interest coupons for each inter- est payment. SECTION 7: All Bonds issued in pursuance of the provisions of this Ordinance shall be in substantially the following form: "Local Improvement Bond. --Local Improvement Dist.No. of the City of Edmonds, State of Washington.- E0. • N.B. This Bond is issued. by. virtue, and urEer��tEe authority of of the Act of the Legislature of the State of Washington, en- titled "An Act relating to local improvements in cities and towns 'I r�• and repealing certain Acts and parts of Acts," approved March 17, 1911. Section 52 of. which Act reads as follows,to-wit: - "Section 52. Neither the holder nor owner of any Bond issued under the authority of this Act shall have any claim therefor a- gainst the City by which the same is issued, except from the special assessment made for the improvement for which such Bond is issued, bat his remedy,in case of nonpayment,shall be confined to the enforcement of such assessment. A copy of this Section shall be plainly written, printed or engraved on each Bond so issued." "The City of Edmonds, a Municipal corporation of the State of Washington hereby promises to pay to or bearer dollars, lawful money of the United S a es, with interest thereon at the rate of percent per anr_um, payable annually, out of the fund established by Ordinance No. of said City, and known as Local Improvement Fund District No. of said City, both principal and interest payable at the office of the City Treasurer of said City. "A Coupon is hereto attached for each installment of ifterest �'IA to accrue hereon, and said interest shall be paid only on presen- tation and surrender of such Coupon to the City Treasurer, but in case this Bond is called for payment before its 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 w enever 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 Co' n� i s id Oily uhe a ent of said Local Improvement DisfPi5 'k a �yh-_14 In,,RT 8�--to be issued in the name of said City, ase'Bond of said Local Improve- ment District, the Bond or the proceeds thereof to be applied _ir part payment of so much of thy: cost and expense of the imDrovem.ent the case may be order S. S ) of street ( or other improvement y sai 0� rdinance No. as is levied and assessed against the property included within said local improvement district and bene- fited by said improvements, and the said Local Improvement District No. has beer established by Ordinance for said purpose,and the holder or holders of this Bond shall look only to said fund for the payment of either the principal or interest of this Bond. "The call for payment of this Bond, or of any Bond of the series'of which this one, shall be made by the City Treasurer by 132 publishing the same in the official newspaper of said City, and when said call is made for the paymea off this Bond, it will be paid on the day the next interest, cout,98 RR&11 become due after such call, and upon said day interest upon this Bond shall cease, and any remaining coupons shall be void." This Bond is one of a series of Bonds, aggregating in all the principal sun of Dollars issued for said Local Im- provement District, all oa w ich Bonds are subject to the same terms and conditions as are herein expressed. "In witness whereof, the City of Edmonds has caused these pre- sents to be signed by its Mayor and attested by its City Clerk, and sealed with its corporate seal this day of in the year of our Lord One Thousand h ine HundreT THE CITY OF EDMOEDS. Attest: ( SEAL) B3r_ — Mayor. City Clerk. There shall be attached to each Bond such number of coupons, not exceeding ten, 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: "The Cit;7 of Edmonds Interest Coupon Number Interest "On the day of 19 lThe City = Edmonds,, WasT ington, prom ses to pay � bearerat the office of the City Treasurer Dollars being one year's interest due that day on Bond Po. of Local Improvement Fund District Lo. and not otherwise; provided, that this coupon is subject to all -the terms and conditions contained in the Bond to which it is annexed. THE CITY OF EDMOr DS . Attest: City clerk.-" By Mayor. SECTI O1V 8 : The City Clerk shall keephis of all such Bonds issued He shall enter In hi office a record therein the number of the Local Improvement Fund District for which the same are issued, the number of such Bond, the date of issue, amount, interest, to om sold and delivered, and when and where payable. SECTIOr: 9: When any assessment has become delinquent, either nder the mode of "Immediate Payment"or of an installment of an assessment payable by the mode of "Payment by Bond", or in case of all assessments or installments becoming delinquent, it shall be the duty of the City Treasurer to make and file with the City Clerk a statement of all such delinquencies, and he shall immediately thereafter proceed to sell all such property as appears as delin- quent on said roll four the amount of such delinquent assessment or installment, together with penalty and interest accruing to the date of sale. �e Certificates of sale shall be executed and delivered by the Treasurer to the purchasers at such sale, and after two years from the date of such certificate of sale, shall execute and deliver deeds by him to the person or persons, thereunto entitled. All steps and proceedings required to be done in connection with such sale, certificates of sale and assessment deeds shall be had and conducted according to law. .� Provided, however, that when such deeds are issued, in the I'le.nner provided by law, the same shall convey all the title in fee of the original owner thereof, and shall not be subject to redemption. ��Al4 SECTION 10: Whenever, in the opinionof the authorities of V1 said City, the condition of any Local Improvement assessment r roll shall be such that it becomes necessary or expedient to fore- ' btv close the lien of such assessment, after the same shall become 01,11 delinquent, 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. Provided, however, that in case of such foreclosure there t33 shall be added to the cost and expense provided by Section 34 of said Act of the Legislature, such reasonable attorney's fees as the court may adjudge to be such and the amount thereof appor- tioned to each -delinquent assessment or installment appearing on said roll. ,,Ila f SECTION 11: All Ordinances 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 ed to be known as "Local Improvement Fund District to. � irlta FP 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 Bonds issued for such improvement. It shall be the duty of the Treasurer to call and pay in numerical order such outstanding warrants against any particular improvement fund as he may be able to pay with money on hand credited to such fund, but not sufficient to pay the whole of the next succeeding warrant, he may.call in and pay such proportion thereof as shall exhaust the amount of such fund. Whenever the City Treasurer shall pay a portion of any warrant 41 `W-) as above provided, he shall endorse upon such warrants the date jiRf and amount of such payment and take a receipt from the holder there- of, showing the number and description of such warrant and the date, and the &--mount so paid, which receipt the said Treasurer shall return with his report to the City Clerk as a voucher for the money so paid. SECTIOE 12: In letting all contracts for public improvements j 4 the City Council shall provide therein that at least thirty per�,,� cent (30) of the amount due the contractor on estimates shall be f retained to secure the payment of laborers who have performed work thereon, and material men who have furnished materials therefor, and such laborers and material men shall,.for thirty (30) days after their work has been completed, have a lien upon such thirty (30) percent so reserved for labor done and materials furnished, which lien shall be senior to all other liens, whether by judgment, attachment or contract, and which claim of lien shall be 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 notify 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 established, and the City shall be made a party to said action, there shall be taxed up against said contractor a reasonable attorney's fee in addition to the costs allowed by law. SECTIOE 13: 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 die- tinct contracts be let for each subdivision thereof. All pablio PU improvements to be made by contract shall be let to the lowest a_�G bidder therefor. Before awarding any such contract, or contracts, the City Council shall cause to be published in the official news- paper of the City a notice, for at least two consecutive issues G"Yw thereof, before the 'Letting of such contract, or contracts, in- viting sealed proposals for such work, during which time of public cation the plans and specifications for such work shall be on file in the office of the City Clerk, subject to public inspection. Such notice shall state generally the work to be done anVshall call for proposals for doing the same, to be 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, payable to the City Clerk, for a sum not less than five (5%) percent of the a- mount of the bid, and no bid shall be considered unless accompani- ed by such check. Provided, that the City of Edmonds, through its City Council, shall have the right, and it is hereby empowered, to proce-ed with such work irrespective of all such bids, and in such cases all such bids shall be rejected. 134 SECTI0N,14: 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 be understood what is meant thereby. The Council shall proceed to determine the lowest bidder and may let'such contract to such bidder. Provided, that if in the opinion of the Council, all bids are too high, it may reject all of -them and re - advertise such notice, or may proceed to do the work under its 1,t own supervision or may delegate such supervision to the City AVt/ Engineer or such committee as it may constitute for that purpose, tie 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 be returned to the bidders, except that of the successful bidder, which shall be retained until the con- tract be entered into for making such improvement between the bidder and the City in accordance with such bid, and the duly ap- yv proved and accepted Bond therefor be filed in the office of the City Clerk. If said bidder fails to enter into such contract in accord- ance with his bid within ten (10) days from the date at which he r- is notified than heis the successful bidder, the City Clerk shall �r write or print across the face of the certified check: "Forfeited to the City of Edmonds. City Clerk," nd shall deliver said check to the City reasaurer To be deposit- d to the credit of the local improvement fund for which the same was given, and the Council shall readvertise for the bids for such work. r?either the City Council nor any officerof such City shall have the power to remit such forfeiture. SECTION 15: In letting all contracts for public improvements under this Ordinance, the Council shall 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 estimate of the amount of work done by the contractor during the month; but shall, after the date set for completion of the contract, furnish no estimate 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 state- ment of the amount of money expended for Abstracts, advertising and engineering prior to the date set for the completion of the contract. All engineering expense incurred by the city after the time fixed in the contract for its completion shall be borne by the contractor as a penalty for failure to complete the work within the specified time. iAll estimates of the City Engineer shall be filed in the of - ce of the City Clerk and by him reported to the Council at the neat regular meeting, or at a special meeting called for that pur- �fl pose,ard rot more thar. seventy percent (70%) of such estimate shall be allowed and all warrants ordered in payment thereof shall be drawn only upon the particular local improvement fund under which the work is done, and which warrants shall bear interest at the rate of eight percent (8%) per annum from date until redeemed either Jr money or bonds by the Treasurer, and shall cease to draw such interest from and after the date fixed by the Treasurer in a call for the redemption thereof. The thirty percent (30%) required to be held as a reserve to protect laborers and material men for a period of thirty (30) days after final completion of the work, shall, at the expiration of such period, be paid to the contractor 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. �.T1_ SECTIOF 16: The cost and expense incurred by the City in en- r ineering and surveying necessary for such improvement, and all cost of preparing all necessary data, including the cost of aseer- -taining the ownership of the property included in the assessment istrict, advertising and publishing all notices required to be published, shall be called the "Fixed Estimate" and all bidders shall include the amount thereof inall such bids. If the cost and expense of the improvement to be provided by the mode of 135 "Payment by Bonds" before any part of the thirty percent (30%) so reserved, as herein provided, shall be paid in warrants to the contractor, he shall be required to pay the amount of the "Fixed Estimate" in cash 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 Bonds shall be issued to the contractor. The City Treasurer shall place so much of said"Fixed Estimate" paid in by the contractor into the current expense fund as will represent the total sum of the warrants and interest drawn on that fund prior to the establishment of the said local improvement fund. TheCit.YODzcil shall have the right to vary the amount of the fixed estimate as the circumstances may -require, provided, that in no ease shall the amount required exceed twice the amount specified in the contract. {,,�r SEC'IIOD 17: aerever the City Council shall have construct-,j, r�jz ea any trunk sewer, and shall. have created an assessment district to pay the cost and exper:se thereof, the City shall have the right to create sub -districts withi.r such district to pay uhe 4,IXW/ cost and e=erse of laterals for which said trunk is the outlet, and each of -such sub -districts shall constitute a local assess- ment district, or the City Council shall have the right to in- clude two or more into a single district under one or more con- tracts, or may proceed under its own departments, as herein pro- vided. SECTION 18: Whenever the construction of a watermain, ex- cept a trunk watermain, is ordered by the City Council, such por- tion of the cost of such improvement as is equal to the cost of a unit watermain, as hereinafter defined, shall be assessed against the property benefited in the ma.rner provided by law. The cost of a urit watermain alorg such street or streets is� hereby defined to be the cost of a watermain along such street or Gam' streets, together with all necessary gates, tees, crosses, fire R- . hydrants and appurtenances which will be necessary for the reason-Tvb able water service and fire protection of such street or streets, including therewith the items of cost on account of such improve- ment incurred by the City and chargeable to the property within the improvement district, and the remaining portion of such cost and expense of such water main shall be paid for from the revenues of such system. For the :paying of the cost and expense of such unit watermain, the City shall have the same rights as are granted in Section 17 of this Ordinance in the construction of lateral s ewers . SECTI0L 19: All .proceedings necessary for the making of pub fly � lie improvements, and the_, assessment ar:d collection of the cost and expense thereof, not specified in this Ordinance, or amend- ments thereof, shall be done and performed in the marrer and in accordance with said Act of the Legislature. SECTION , 20: That Ordinance Lo.177 of the OrdiraL.ce, of said City, entitled "An Ordinance providing the manner of making local W,;� 77 improvements within the City of Edmonds, and the manner in whichspeeial assessments therefor may be made and collected or propertespecially benefited thereby, and the modes of paying for thesame" passed and approved June 3, 1909, and all Ordina.rces anenda tory thereof, be, and the same are, hereby repealed, except as to all actions and proceedings taken under the same. SECTION 21: This Ordinance shall take effect and be in force by virtue of its passage and approval, and its publication in ac- cordance with law. Pass e d the City Council this 15th day of Lovember, 1911, in open session, and signed by me in approval and authentication thereof on said day and date. Attest: Zophar Howell,3rd,City Clerk. Thos.Hall, Mayor. I hereby certify that the above and foregoing is a true and correct copy of Ordinance ho.235 of the City of Edmonds, Wash. Zophar Howell, 3rd, City Clerk.