Chapter 3.20 LOCAL IMPROVEMENTS

Whenever the town council provides for making local improvements and for paying the whole or any portion of the cost and expense thereof by levying and collecting special assessments on property specifically benefited, the proceedings therefor shall be in accordance with the provisions of an act entitled, “an act relating to local improvements in cities and towns and repelling certain acts and parts of acts,” approved March 17, 1911, the provisions of this chapter and acts and ordinances amendatory thereof. (Ord. 46 § 1, 1913)

3.20.020 Vote or petition required.

No ordinance relating to local improvements shall be considered passed unless the same shall have received the affirmative vote of at least a majority of the members of the town council; provided, that unless a petition for any improvement be presented, such improvements shall not be ordered except by ordinance passed by the affirmative vote of two thirds of all members of the town council at a regular meeting, or at a meeting which is an adjournment of a regular meeting. (Ord. 46 § 2, 1913)

3.20.030 Award of contract—Supervision of work.

After the town council has provided by ordinance for the making of any local improvement, plans therefor shall be approved, and the contract let, except in cases where all competitive bids are rejected, in which case the work may be done by the town by day work, as hereinafter provided, and the work shall be supervised by the street committee of the town council. (Ord. 46 § 3, 1913)

3.20.040 Methods of payment designated.

There shall be two modes of making payment for such portion of the cost and expense of any improvement provided for in this chapter, as shall be payable by special assessment, to wit: “immediate payment,” and “payment by bonds.” The mode adopted shall be the mode petitioned for in case such improvement is made upon petition, otherwise the mode shall be the one which the council designated in the ordinance ordering such improvement. (Ord. 46 § 4, 1913)

3.20.050 Assessment roll preparation and filing.

A. Not more than twenty days after the council has awarded a contract for any local improvement authorized by ordinance of the town council, or has determined that such local improvement shall be done by the town itself, (except as the time for filing such roll may be extended by the town council) the streets and alleys committee of the council shall file with the town clerk an assessment roll prepared in duplicate by the town engineer which shall contain the description of each lot, tract or parcel of land or other property to be assessed, the amount to be charged, levied or assessed against the same, and the name of the owner thereof, if known, but in no case shall a mistake in the name of the owner be fatal when the description of the property is correct. The town council upon the receipt of such assessment roll, shall fix a date for hearing thereon and direct the clerk to file the notice of such hearing and the time and place thereof. Such notice shall be published at least once each week for two consecutive weeks in the official town paper, provided, that at least fifteen days shall elapse between the date of the last publication thereof and the date fixed for such bearing. At the time fixed for such hearing the town council shall sit as a board of equalization on such assessment roll, and as soon thereafter as the town clerk has certified to them, a statement of the total charges against the district, shall adjust the roll in conformity thereto.

B. The ordinance confirming any assessment roll shall levy and assess against each lot, parcel or tract of land or other property appearing upon such roll the amount charged against the same. Upon the enactment of such ordinance, the roll shall be delivered to the town clerk who shall forthwith transmit the duplicate of the same to the town treasurer with his certificate that the same has been approved by the ordinance, and annually thereafter, in case of the assessments payable by “payment by bonds,” he shall extend the installments of principal and interest upon the unpaid balance as shown upon such improved roll, and transmit the same to the town treasurer, who shall thereupon extend the same upon the certified copy of such roll in his possession. (Ord. 46 § 5, 1913)

3.20.060 Method of immediate payment—Delinquencies.

Whenever the cost and expense of any improvement shall be payable by the mode of “immediate payment,” the town treasurer shall, upon receipt of such roll, publish a notice in the official paper of the town for two successive weekly issues that such roll is in his hands for collection, and that any assessment thereon or any portion of any assessment may be paid at any time within thirty days from the date of the first publication of such notice, without penalty, interest or costs, and that unless payment be made within such time, such assessment or unpaid portion thereof will become delinquent. Upon delinquency a penalty of five percent shall attach to and become a part of all such assessments. Delinquent assessments shall bear interest at the rate of eight percent per year until paid. Such delinquent assessments, with penalty and interest, shall forthwith be collected and the lien thereof enforced in the manner provided by the laws of the state of Washington and the ordinances of the town. (Ord. 46 § 6, 1913)

3.20.070 Method of payment by bonds—Delinquencies.

Whenever the cost and expense of any improvements shall be payable by the mode of “payment by bonds,” the whole or any portion of any assessment levied on account of such improvement may be paid without penalty or interest during the first thirty days following the date of the first publication of a notice by the town treasurer that such assessment and assessment roll is in his hands for collection, and the unpaid balance, if any, may be paid in equal annual installments, the number of which shall equal the number of years which the bonds to pay for the improvements may run, or the lien of any such assessment may be discharged at any time after the said thirty days by paying the entire unpaid portion thereof with all penalty and costs attaching, together with all interest thereon to the date of delinquency of the installment thereof next falling due. The first installment shall become due and payable during the thirty-day period succeeding a date one year after the date of 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 provided for in this section, interest upon the whole unpaid sum shall be charged at the rate fixed in the ordinance providing for the improvement, and each year thereafter one of such installments, together with the interest due upon the whole of the unpaid balance shall be collected. Any installment not paid prior to the expiration of the thirty-day period during which such installment is due and payable shall thereupon become delinquent. All delinquent installments shall until paid, be subject to a charge for interest at the bond rate and to an additional charge of five percent penalty levied upon both principal and interest due of such installment or installments. (Ord. 46 § 7, 1913)

3.20.080 Notice of local improvement assessment.

When the assessment roll of a local improvement district created by ordinance of the town is placed in the hands of the town treasurer for collection, he shall give notice of such assessment to the owners by the publication of notice of such assessment for the time and in the manner described in Section 3.20.060 in the case of “immediate payment plan” and as prescribed in Section 3.20.070 in the case of “payment by bonds plan”. (Ord. 80 § 2, 1928: Ord. 46 § 8, 1913)

3.20.090 Disposition of funds.

The ordinance confirming any assessment roll 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 all interest and penalty thereon, and in the event of sale of bonds by the town, all premiums and accrued interest on bonds issued for such improvement. (Ord. 46 § 10, 1913)

3.20.100 Bonds—Issuance procedure.

At the expiration of thirty days after the date of first publication of the treasurer’s notice referred to in Section 3.20.070, the town treasurer shall report to the town clerk the total amount of such assessment, the total amount paid 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 town clerk shall issue the bonds of the local improvement district established by the ordinance providing for such improvement in an amount equal to the amount remaining unpaid on such assessment roll as shown by such report. The bonds provided for in this chapter shall not be issued prior to twenty days after the expiration of the thirty days abovementioned. Such bonds shall be in denominations of such amounts as is provided by ordinance ordering their issue, and shall be numbered from one upward, consecutively, and each bond and coupon shall bear the signature, or the facsimile of the signature of the mayor and town clerk, and each bond shall bear the seal of the town impressed thereon, and shall refer to the improvement to pay for which the same shall be issued and to the ordinance ordering the same. (Ord. 46 § 11, 1913)

3.20.110 Bonds—Terms—Interest.

Such bonds by their terms shall be made payable on or before a date not to exceed ten years from and after the date of the issue of such bonds, which date may be fixed by resolution or by the ordinance ordering their issue. Such bonds shall bear interest at the rate provided by the ordinance ordering the improvement but not exceeding eight percent per year, such interest to be payable annually. Each bond shall have attached thereto interest coupons for each interest payment. (Ord. 46 § 12, 1913)

3.20.120 Bonds—Form.

All bonds issued in pursuance of the provisions of this chapter shall be in substantially the following form:

“LOCAL IMPROVEMENT BOND, DISTRICT NO ..... OF THE TOWN OF BREWSTER, STATE OF WASHINGTON, No ......

“This bond is issued by virtue of the provisions of an act of the Legislature of the State of Washington, entitled, “An act relating to Local Improvements in cities and towns, repealing certain acts,” approved March 17, 1911. Section 52 of which reads as follows, to-wit:

“Sec. 52. Neither the holder nor owner of any bond issued under the authority of this act shall have any claim therefor against the city named the same as issued, except from the special assessment made for the improvement for which such bond is issued, but his remedy in case of nonpayment shall be confined to the enforcement of such assessment. A copy of this section shall be plainly written or printed or engraved on each bond issuance.

“The town of Brewster, a municipal corporation of the State of Washington hereby promises to pay to _____ or bearer, ______ Dollars, lawful money of the United States, with interest thereon at the rate of ___ percent per annum, payable annually, out of the fund established by ordinance No. ___ of said town and known as “Local Improvement Fund District No. ___ and not otherwise, both principal and interest payable at the office of the Town Treasurer of said town.

“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 coupon to the Town 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 of said town whenever there shall be sufficient money in the 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. The Town Council of said Town 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 town as the bond of said Local Improvement District, the bond or the proceeds thereof to be applied in part payment of so much of the cost of such Improvement under said Ordinance No. ___ as is levied and assessed against the property included in said local improvement district and benefited by said local improvement, and the said Local Improvement Fund District No. ___ has been established by ordinance for said purposes and the holder of this bond shall look only to said fund for the payment of either the principal or the interest of this bond. The call for payment of this bond or of any bond of the series of which this bond is one shall be made by the town treasurer by publishing the same in the official newspaper of said town, and when such call is made for the payment of this bond, it will be paid on the day the next interest coupon hereon shall become due after said call, and upon said call, interest upon this bond shall cease and any remaining coupon shall be void.

“This bond is one of a series of ___ bonds, aggregating the principal sum of ___ Dollars, issued for said local improvement district, all of which bonds are subject to the same terms and conditions as herein expressed.

“In witness whereof the Town of Brewster has caused these presents to be signed by its Mayor and attested by its Clerk, and sealed with its corporate seal this __ day of __ A.D. 19 __ THE TOWN OF BREWSTER. Attest: _____, Mayor, ____, Town Clerk. (Seal)

“Coupons, Number and Form—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 coupon shall be in substantially the following form:

“The Town of Brewster, Interest Coupon No. __ $___.

On the __ day of __ 19__, the Town of Brewster, Washington, promises to pay to the bearer at the office of the Town Treasurer ___ Dollars, being one year’s interest due that day on bond No. __ of the bonds of Local Improvement Fund District No. ___ and not otherwise. Providing that this coupon is subject to all the terms and conditions of the bond to which it is annexed.

“THE TOWN OF BREWSTER,

Attest: By ______, Mayor.

______, Town Clerk”.

(Ord. 46 § 13, 1913)

3.20.130 Bonds—Registry.

The town clerk shall keep in his office a register of all such bonds issued. He shall enter therein the local improvement fund district number, for which the same are issued, and the date, amount and number of each bond and the term of payment. (Ord. 46 § 14, 1913)

3.20.140 Delinquent assessments—Method of collection.

All assessments or installments thereof becoming delinquent on and after the passage, approval and publication of the ordinance codified in this chapter shall he certified by the town treasurer to the county treasurer of Okanogan County, state of Washington, to be by him entered upon the general tax rolls and collected as other general taxes are collected together with such additional charges or penalties as are authorized to be charged and collected on other delinquent taxes, and each lot or parcel so delinquent, shall be sold for the amount of such assessments, with the interest, penalty and costs, at the time when and by the same authority as lots and lands are sold for taxes. (Ord. 46 § 15, 1913)

3.20.150 Delinquent assessments—Certificates of sale.

Two years after the date of delinquency of an assessment payable by the mode of “immediate payment,” or of an installment of any assessment payable by the mode of “payment in bonds,” or in the case of all assessments or installments becoming delinquent after January 1, 1913, it shall be the duty of the town treasurer to proceed to sell the property described in any such local assessment roll for the amount of such delinquent assessment or installment, together with penalty and interest accruing to date of sale and for the costs of such sale. Certificates of sale shall be executed and delivered by the treasurer to the purchaser at such sale and assessment deeds shall be executed and delivered by him to the person thereunto entitled. All steps and proceedings required to be done in connection with such sale, certificate of sale and assessment deeds, shall be had and conducted according to law. (Ord. 46 § 16, 1913)

3.20.160 Delinquent assessments—Foreclosure.

Whenever the conditions of any local improvement district shall be such that the town council shall deem it necessary and expedient for the foreclosure of any or all property appearing therein for unpaid and delinquent assessments and unpaid and delinquent installments thereof, the town council may pass an ordinance therefor authorizing and directing the town attorney to institute proceedings in foreclosure against all the property described in such roll upon which assessments or installments thereof are levied and are delinquent and unpaid. Thereafter all further proceedings shall be had and conducted in the manner provided by law. (Ord. 46 § 17, 1913)

3.20.170 Warrant issuance and payment.

A. It shall be the duty of the town treasurer to call and pay in numerical order such outstanding warrants against any particular improvement fund as he may be able to pay with the money on hand credited to such fund and whenever he has money on hand to the credit of such fund, but not sufficient to pay the whole of the next succeeding outstanding warrant he may call in and pay such portion thereof as exhausts the amount of such fund.

B. Whenever the town treasurer pays a portion of any warrant as above provided he shall endorse upon such warrant the date and amount of such payment and take a receipt from the holder thereof, showing the number and description of such warrant and the date, and the amount so paid, which receipt the treasurer shall return with his report to the town clerk as a voucher for the money so paid. (Ord. 46 § 18, 1913)

3.20.180 Improvement contracts—Bond requirements.

In letting all contracts for public improvements the town council shall provide therein that contractors shall furnish and file with the town clerk a good and sufficient surety bond issued by a surety company, which shall be approved by the town council in a sum of not less than twenty-five percent of the total contract price of such improvement, conditioned for the faithful performance of such contract, and the payment in full. for all claims for labor and materials furnished to such contractors for use on such local improvement, which such bond shall be subject to the full provisions of Chapter VI of Remington and Ballinaer’s Codes of the State of Washington. (Ord. 46 § 19, 1913)

3.20.190 Contract bid invitations—Publication—Bid requirements—Rejection.

The town council may provide that all the work to be done in any local improvement district shall be let in one 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 contracts, the town council shall cause to be published in the official newspaper of the town a notice, for at least two successive weekly issues, the first publication thereof to be not less than ten days prior to the date of letting of the contract inviting sealed proposals for such work, the plans and specifications thereof must, at the time of the publication of such notice, be on file at the office of the town clerk subject to public inspection. Such notice shall state generally the work to be done and shall call for proposals for doing the same, to be sealed and filed with the town clerk on or before the day and hour named therein. All bids shall be accompanied by a certified check payable to the order of the town clerk for the sum of not less than five percent of the amount of the bid, and no bid shall be considered unless accompanied by such check. If in the judgment of the town council the work should be done by the town by day work and under the supervision of the council or the streets and alleys committees thereof, it is empowered to proceed within the work and in such case all such bids shall be rejected. (Ord. 46 § 20, 1913)

3.20.200 Contract bids—Opening—Acceptance and rejection.

At the time and place named such bids shall be publicly opened and read. No bid shall be rejected for informality, but shall be received 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 or in its opinion all bids are too high, it may reject all of them and readvertise or may proceed to do the work under its own supervision by day work, and in such case all checks shall be returned to the bidders by the town 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 contract be entered into for making such improvement between the bidder and the town in accordance with such bid, and the duly approved and accepted bond therefor shall be filed with the town clerk. If such bidder fails to enter into such contract in accordance with his bid within ten days from the date on which he is notified that he is the successful bidder, the town clerk shall stamp or write across the face of the certified check, “Forfeited to the Town of Brewster, ____, Town Clerk,” and shall deliver such check, with his endorsement thereon to the town treasurer to be deposited in the town treasury to the credit of the local improvement fund of the improvement district to which it relates and the town council shall readvertise for bids for such work. Neither the town clerk nor the town council shall have the power to remit such forfeiture. (Ord. 46 § 21, 1913)

3.20.210 Ordinance to specify town contribution.

Every ordinance ordering any improvement provided for in this chapter shall declare what, if any, portion or proportionate amount of such cost and expense shall be borne by the town out of any of its general funds and shall direct that the remainder of such costs and expenses be assessed against the property within such district in the manner provided by law. (Ord. 46 § 22, 1913)

3.20.220 Items to be included in cost estimate.

In making an estimate of the cost and expense of making any improvement as provided in this chapter, the town council shall include therein the estimated costs and expense of the engineering and surveying necessary for such improvement to be done by and under the direction of the town engineer, and also the cost of ascertaining the ownership of such lots and parcels of land included in the assessment district and the cost of advertising and publishing all notices required to be published, and the cost of mailing all notices required to be mailed. The cost of that portion of such improvements included within the limits of any street intersection, space or spaces, accounting and clerical labor, books, blanks and incidental expenses incurred or expended or used by the town clerk and the town treasurer in connection with such improvement. (Ord. 46 § 23, 1913)

3.20.230 Existing improvement proceedings.

All proceedings commenced by the town before the taking effect of the ordinance codified in this chapter relating to the making of any local improvement, may proceed in accordance herewith in the completion of such local improvement so commenced. (Ord. 46 § 25, 1913)

3.20.240 Warrants—Interest—Redemption.

In case warrants are issued, they shall be drawn against the local improvement district fund under which the work is being done, and shall bear interest at the rate of eight percent per year from date to a date ninety days after the time fixed in the proposal and the contract for the completion of the contract, beyond which time such warrants shall not draw interest. Such warrants shall be redeemable in cash or in bonds of the district at the option of the holder thereof. (Ord. 46 § 26, 1913)