Chapter 12.16 LOCAL IMPROVEMENTS

Whenever the city 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 specially benefited, the proceedings therefor shall be in accordance with the provisions of an act of the Legislature of the state entitled, “An act relating to local improvements in cities and towns and repealing certain acts and parts of acts,” approved March 17, 1911, and the provisions of this chapter and ordinances amending this chapter. (Ord. 65 § 1, 1916)

12.16.020 Initiation.

All such local improvements shall be initiated either upon petition or resolution therefor. (Ord. 65 § 2, 1916)

12.16.030 Petitions.

A. In case any such local improvement, the assessment district for which shall not extend beyond the termini of such improvement, is initiated upon petition, such petition shall set forth the nature and territorial extent of such proposed improvement, the mode of payment, and the fact that the signers thereon are the owners, according to the records in the office of the county auditor, of property to an aggregate amount of a majority of the lineal frontage upon the improvement to be made, and of the area within the limits of the assessment district to be created therefor.

B. Such petition shall be presented to and filed with the city clerk-treasurer, who shall immediately transmit the same to the committee on streets and public improvements of the city council. The committee on streets and public improvements shall ascertain if the facts set forth in the petition are true, and shall cause an estimate of the cost and expense of such improvement to be made, and shall transmit the same to the city council, together with all papers and information in their possession touching such improvement, with the estimated cost thereof, and their recommendations thereon, together with a description of the boundaries of the district, and a statement of the proportionate amount of the cost and expense of such improvement which should be borne by property within the proposed assessment district, and a statement of the aggregate assessed valuation of the real estate, exclusive of improvements, in the district according to the valuation last placed upon it for the purposes of general taxation.

C. In case such petition is found sufficient, the committee on streets and public improvements shall also transmit to the council a diagram or print showing thereon the lots, tracts or parcels of land and other property which will be specially benefited thereby, and the estimated amount of the cost and expense of such improvement to be borne by each such lot; tract or parcel of land, or other property. (Ord. 65 § 3, 1916)

12.16.040 Initiation by council.

Any such improvement may be initiated directly by the city council by a resolution declaring its intention to order such improvement, setting forth the nature and territorial extent of such proposed improvement, and notifying all persons who may desire to object thereto to appear and present such objections at a meeting of the council at the time specified in such resolution, and directing the committee on streets and public improvements of the council to submit to the council, at or prior to the date fixed for such hearing, the estimated cost and expense of such improvement, and a statement of the proportionate amount thereof which should be borne by the property within the proposed assessment district, and a statement of the aggregate assessed valuation of the real estate, exclusive of improvements, within the district according to the valuation last placed upon it for the purpose of general taxation, together with a diagram or print showing thereon the lots, tracts and parcels of land and other property which will be specially benefited thereby, and the estimated amount of the cost and expense of such improvement to be borne by each lot, tract or parcel of land or other property. Such resolution shall be published in at least two consecutive issues of the official newspaper of the city, the date of the first publication in the paper to be at least 15 days prior to the date fixed by such resolution for hearing before the council. (Ord. 65 § 4, 1916)

12.16.050 Diagram submitted to council.

The diagram or print directed to be submitted to the council in OMC 12.16.030 and 12.16.040 shall be in the nature of a preliminary determination by the committee on streets and public improvements upon the method and relative estimated amounts of assessments to be levied upon the property specially benefited by such improvement, and shall in no case be construed as being binding or conclusive in any way upon the committee on streets and public improvements in the preparation of the assessment roll for such improvement or upon the council upon any hearing affecting such roll. (Ord. 65 § 5, 1916)

12.16.060 Jurisdiction of council.

The council shall have jurisdiction to proceed with any such improvement initiated by petition or resolution. (Ord. 65 § 6, 1916)

12.16.070 District – LID ordinance.

A. Every ordinance ordering any improvement mentioned in this chapter, payment for which is made in whole or in part by special assessments, shall establish a local improvement district to be called “Local Improvement District No. __,” which district shall embrace, as near as may be, all the property specially benefited by such improvement.

B. Except in the cases otherwise specifically provided for in this chapter and unless otherwise provided in the ordinance ordering such improvement, such district shall include all the property between the termini of the improvement abutting upon, adjacent, vicinal or proximate to the street, avenue, lane, alley, boulevard, park, drive, park way, public place or square proposed to be improved, to a distance back from the marginal lines thereof to the centerline of the blocks facing or abutting thereon; provided, that in any case such distance back shall be at least 90 feet; and provided further, that in case of unplatted property the distance back shall be the same as that included in the assessment of the platted lands immediately adjacent thereto.

C. All property included within the limits of such local improvement district shall be considered and held to be the property and to be all the property specially benefited by such local improvement, and shall be the property to be assessed to pay the cost and expense thereof or such part thereof as may be chargeable against the property specially benefited by such improvement, which cost and expense shall be assessed upon all of such property so benefited in accordance to the special benefits conferred on such property in proportion to area and distance back from the marginal line of the street or other public way or area improved.

D. The amount to be assessed against each separate lot, tract, parcel of land or other property within the district shall be ascertained and fixed in the manner provided in Section 13 of Chapter 98 of the Session Laws of 1911 of the State of Washington, and acts amendatory thereof. (Ord. 65 § 7, 1916)

12.16.080 Ordinance passage.

No ordinance relating to local improvements shall be considered passed unless the same has received the affirmative vote of at least a majority of the members of the city council; provided, that unless a petition for any improvement is presented such improvement shall not be ordered except by resolution and ordinance passed by the affirmative vote of at least three members of the city council at a regular meeting or at a meeting which is an adjournment of the regular meeting. (Ord. 65 § 8, 1916)

12.16.090 Letting of contract and supervision of work.

After the ordinance providing for the making of any local improvement has been passed, as provided by law, the plans therefor shall be approved and the contract let by the city council, and the work to be done thereunder shall be supervised by such person as the city council may designate, to be known as the city engineer. (Ord. 65 § 9, 1916)

12.16.100 Mode of payment.

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 is payable by special assessments: “immediate payment” and “payment by bonds.” The mode adopted shall be the mode petitioned for, in case the improvement is made upon petition; otherwise the mode shall be the one which the council designates in the ordinance ordering such improvement. (Ord. 65 § 10, 1916)

12.16.110 Assessment roll.

A. Whenever the cost of any local improvement authorized by ordinance has been ascertained as set out in this chapter, and not more than 20 days after a contract has been awarded for any public improvement or, in case the city council has determined that such local improvement shall be done by the city itself, except as the time for filing the roll may be extended by the city council, the street committee and the city engineer shall file with the city clerk an assessment roll, 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.

B. At the next regular meeting of the city council, after the filing of the roll, the city clerk-treasurer shall present it to the city council. The council, upon receipt of such assessment roll, shall fix a date for hearing thereon, and direct the clerk to give notice of such hearing and the time and place thereof, in the manner and form provided by the laws of the state.

C. The ordinance confirming any assessment roll shall assess and levy against each lot, tract, parcel of land or other property appearing upon such roll the amount charged against the same. Upon taking effect of such ordinance, a duplicate copy of the roll shall be prepared by the city clerk-treasurer along with the clerk-treasurer’s certificate that the same has been approved by ordinance, and annually thereafter, in case of assessments payable by the mode of payment by bonds, the clerk-treasurer shall extend the installments of principal and interest upon the unpaid balance as shown upon the certified copy of the roll. (Ord. 65 § 11, 1916)

12.16.120 Immediate payment.

A. Whenever the cost and expense of any improvement is payable by the mode of immediate payment the city clerk-treasurer shall, upon receipt of such roll, publish a notice in the official paper of the city for two consecutive weekly issues, that the roll is in his hands for collection and that any assessment thereon or any portion of any such assessment may be paid at any time within 30 days from the date of the first publication of the notice without penalty, interest or costs, and that unless payment is made within such time, such assessment or unpaid portion thereof will become delinquent.

B. 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 certified to the county treasurer for collection and the same shall be collected and the lien thereof shall be enforced in the manner provided by law and the ordinances of the city. (Ord. 65 § 12, 1916)

12.16.130 Payment by bonds.

A. Whenever the cost and expense of any improvement is 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 30 days following the date of the first publication of a notice by the city clerk-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 years which the bonds to pay for improvement may run; or, the lien of any such assessment may be discharged at any time after the 30 days by paving 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.

B. The first installment shall become due and payable during the 30-day period succeeding a date one year after the date of first publication of the notice provided for in subsection A of this section, and annually thereafter each succeeding installment shall become due and payable in like manner.

C. If the whole or any portion of any assessment remain unpaid after the first 30-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 such improvement, and each year thereafter one of the installments, together with the interest due upon the whole of the unpaid balance, shall be collected.

D. Any installment not paid prior to the expiration of the 30-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 25 percent penalty levied upon both principal and interest due on each installment or installments. (Ord. 85 § 1, 1918; Ord. 65 § 13, 1916)

12.16.140 Notices – Mailing.

In all cases of assessments or installments thereof becoming due and payable, the city clerk-treasurer shall mail a copy of the notice required to be published to the owner of the property assessed, when the post office address of the owner is known, but failure to mail the same shall not be fatal when publication is made. (Ord. 65 § 14, 1916)

12.16.150 Notices – Assessment installments.

Whenever any installment of an assessment payable by the mode of payment by bonds becomes due and payable, the clerk-treasurer shall publish a notice thereof for two consecutive weekly issues in the official newspaper, the date of first publication of which shall be at least 30 days prior to the date of the delinquency of such installment. (Ord. 65 § 15, 1916)

12.16.160 Special fund.

The ordinance confirming any assessment roll shall also create a special fund to be called, “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 event of sale of bonds by the city, all premiums and accrued interest on bonds issued for such improvement. (Ord. 65 § 16, 1916)

12.16.170 Bonds – Issuance.

A. At the expiration of 30 days after the date of first publication of the clerk-treasurer’s notice referred to in OMC 12.16.130, the clerk-treasurer shall prepare a report of the total amount of the assessment, the total amount paid to him to redeem any lots, tracts, parcels of land or other property from the assessment levied thereupon, and the total amount unpaid on such assessment; whereupon the mayor and the clerk-treasurer shall issue the bonds on the local improvement district established by the ordinance providing for such improvement in an amount equal to the amount remaining unpaid on the assessment roll as shown by such report. The bonds herein provided for shall not be issued prior to 20 days after the expiration of the 30 days provided for in this subsection.

B. Such bonds shall be in denominations of $200.00 each, except the bond numbered one, which shall be in an amount to exceed $400.00; provided, that the city council may, in the ordinance confirming the assessment roll, designate any different denomination for such bonds.

C. Such bonds shall be numbered from one upwards consecutively, and each bond and coupon shall be signed by the mayor and attested by the clerk-treasurer; provided, however, that the coupons may, instead of being so signed, have printed thereon the signatures of those officers and each bond shall have the seal of the city impressed thereon, and shall refer to the improvement, to pay for which the same is issued, and to the ordinance ordering the same. (Ord. 65 § 17, 1916)

12.16.180 Bonds – Term – Interest.

Such bonds by their terms shall be made payable on or before a date not to exceed 10 years from and after the date of the issue of such bonds, which date may be fixed by resolution or may be fixed by the ordinance confirming the assessment roll. 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. 65 § 18, 1916)

12.16.190 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 Okanogan, State of Washington.

No. ________

N.B. – 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 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 against the city by which the same is 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, printed or engraved on each bond so issued.

The Town of Okanogan, 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 District No. ___,” and not otherwise, both principal and interest payable at the office of the town treasurer of the 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 coupons 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 by the town treasurer of said town 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 a sufficient sum for the payment and interest on all unpaid bonds of said series. 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 costs and expense of the improvement of _________ under said Ordinance No. _____, as is levied and assessed against the property included in said local improvement district and benefited by said improvement and the said “Local Improvement Fund, District No. ___,” has been 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 is one, shall be made by the town treasurer by publishing the same in the town 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 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 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 Okanogan has caused these presents to be signed by its mayor and attested by its town clerk, and sealed with its corporate seal this ____ day of ____ in the year of our Lord one thousand nine hundred ______.

THE TOWN OF OKANOGAN.

By______________________ Mayor.

Attest: (SEAL.)

____________________Town Clerk.

(Ord. 65 § 19, 1916)

12.16.200 Bonds – Coupons.

There shall be attached to each bond such number of coupons, not exceeding ten, as is required to represent the interest thereon, payable annually, for the term of such bonds, which coupons shall be in substantially the following form:

The Town of Okanogan Interest Coupon No. _____ Interest, $_________.

On the ____ day of ________ 19____, the Town of Okanogan; 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; provided, that this coupon is subject to all the terms and conditions contained in the bond to which it is annexed.

THE TOWN OF OKANOGAN.

By______________________ Mayor.

Attest: (SEAL.)

____________________Town Clerk.

(Ord. 65 § 19, 1916)

12.16.210 Bonds – Registry.

The city clerk-treasurer 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. 65 § 20, 1916)

12.16.220 Delinquent assessments – Collection as taxes.

All assessments or installments thereof becoming delinquent, shall be collected by the city clerk-treasurer pursuant to this chapter. All assessments or installments thereof which become delinquent shall be entered on the annual tax roll of the county for the current year against each lot or parcel so delinquent, and with the interest and penalty be collected as other taxes, a separate account being kept thereof, and if not paid within the time fixed for the payment of the taxes, shall be collected as such 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 such taxes. (Ord. 65 § 21, 1916)

12.16.230 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 an assessment payable by the mode of payment by bonds, it shall be the duty of the city clerk-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 clerk-treasurer to the purchasers at such sale, and assessment deeds shall be executed and delivered by him to the persons hereunto 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. (Ord. 65 § 22, 1916)

12.16.240 Delinquent assessments – Foreclosure.

Whenever the condition of any local improvement district is such that the city council deems it necessary and expedient to provide for the foreclosure of any or all property appearing therein for unpaid and delinquent assessments and unpaid and delinquent installments thereof, the city council may pass an ordinance therefor authorizing and directing the city attorney to institute proceedings in foreclosure against all the property described in the 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. 65 § 23, 1916)

12.16.250 Warrant payment.

A. It shall be the duty of the city clerk-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 shall have 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 clerk-treasurer shall pay a portion of any warrant as provided in subsection A of this section, 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 amount so paid, which receipt the clerk-treasurer shall keep as a voucher of the money so paid. (Ord. 65 § 24, 1916)

12.16.260 Record of petition.

A. Whenever the city council passes an ordinance ordering any improvement and such improvement is to be paid for in whole or in part by special assessment upon the property specially benefited the city clerk-treasurer shall forthwith record in a book to be kept for that purpose the petition presented by the property owners to the city council together with all endorsement and other entries contained thereon, and the names in full of all the petitioners; the book shall be endorsed, “Record of Petition for Local Improvement” and shall be properly indexed so as to indicate the pages on which the petition for each improvement can be found and shall remain in the office of the clerk-treasurer.

B. If any such petition for any improvement is lost, destroyed, concealed, mislaid or for any reason is not in the proper place in the clerk-treasurer’s office, the record of such petition in the book designated in this section, or a copy thereof, certified by the clerk-treasurer, shall be received and treated for all purposes as of equal force and effect as the original petition. After the petition has been indexed as set forth in this section, the same shall be turned over to the engineer or committee on streets and local improvements, who shall report on the same to the city council in the manner provided by law. (Ord. 65 § 25, 1916)

12.16.270 Contracts – Reservation for claims.

In letting all contracts for public improvements the city council shall provide therein that at least 10 percent of the amount due the contractor on estimates shall be retained to secure the payment of laborers who have performed work thereon and material men who have furnished material therefor, and such laborers and material men shall for 30 days after their work has been completed, have a lien on such 10 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 no improvement shall be deemed completed until the city engineer has filed with the city clerk-treasurer a statement signed by him declaring the same to have been completed. (Ord. 65 § 26, 1916)

12.16.280 Contracts – Payments.

A. During the time allowed in the contract, the city engineer or the street committee shall on the last day of each month issue an estimate of the amount of work completed during the month by the contractor; when the work is completed the city engineer or the street committee shall issue a complete estimate but the final estimate shall not be issued until a period of 30 days from the complete estimate. The final estimate issued by the city engineer, or the street committee, shall include, in addition to a statement of the amount of money due the contractor, a statement of the amount of money expended for abstracts, advertising and engineering prior to the date set for the completion of the contract. All engineering expenses incurred 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.

B. The city clerk-treasurer shall, on or about the tenth day of each month following the issuance of the estimate by the city engineer, deliver to the contractor money or warrants in an amount equal to 90 percent of the estimate.

C. In cases where warrants are issued they shall be drawn against the local improvement district fund under which the work is being done in any sum which is a multiple of $100.00, not to exceed $400.00, and shall bear interest at the rate of not to exceed eight percent per year from the date to a date 60 days after the time fixed in the proposal and contract for the completion of the contract, if there is any such time.

D. After the final estimate for any local improvement has been prepared by the city engineer he shall file with the clerk-treasurer a certificate setting forth the entire amount of the estimate, together with any accrued interest on warrants issued or to be issued to the contractor, the amount of accrued interest to be furnished by the clerk-treasurer with his certificate attached to the same.

E. All warrants issued in payment of estimates provided in this section shall be drawn against the local improvement district fund under which the work is being done and shall bear interest at a rate not exceeding eight percent per year from the date of issuance to a date 90 days after the time fixed in the proposal and contract for the completion of the contract, beyond which time the warrants shall not bear interest. Each such warrant shall have plainly indicated on its face the date upon which interest thereon ceases. Such warrants shall be redeemed in cash in order of priority, so far as payments made into the local improvement district fund permit. If the mode of payment is payment by bonds, the principal amount of warrants not redeemed in cash shall be redeemed in order of their priority in local improvement district bonds issued in accordance with the provisions of the ordinances of the city and the laws of the state, and the unpaid interest, if any, on the warrants shall be redeemed by the issuance of a noninterest bearing warrant payable from the first moneys in such fund. If the mode of payment is immediate payment, any warrants not redeemed in cash within 90 days after completion of the contract shall be redeemed by the issuance of a warrant for the principal amount, drawn on the local improvement district fund, bearing interest at the rate of not to exceed eight percent per year from the date of issuance until redeemed, and the unpaid interest, if any, on such warrant shall be redeemed by the issuance of a non-interest bearing warrant payable from the first moneys in such fund. (Ord. 65 § 26, 1916)

12.16.290 Contracts – Bid solicitation.

A. The city 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.

B. All public improvements to be made by contract shall be let to the lowest responsible bidder therefor. Before awarding any such contract or contracts the city council shall cause to be published in the official newspaper of the city a notice for at least 10 days before the letting of such contract or contracts, inviting sealed proposals for such work. The plans and specifications thereof must at the time of the publication of such notice be on file in the office of the city 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 city clerk on or before the day and hour named therein.

C. All bids shall be accompanied by a certified check payable to the order of the city clerk-treasurer for a sum 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 city council the work should be done by the city by day work, and under the supervision of the city council, it is empowered to proceed with the work irrespective of all such bids and in such case all bids shall be rejected. (Ord. 65 § 27, 1916)

12.16.300 Contracts – Bid opening and award.

A. At the time and place named such bids, received as provided in OMC 12.16.290, 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 responsible bidder and may let such contract to such bidder or, if in its opinion all bids are too high, it may reject all of them and re-advertise, 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 city clerk-treasurer except that of the successful bidder, which shall be retained until the contract is entered into for making such improvement between the bidder and the city in accordance with such bid, and the duly approved and accepted bond therefor is filed in the office of the clerk-treasurer.

B. If the successful bidder fails to enter into such contract in accordance with his bid within 10 days from the date at which he is notified that he is the successful bidder, the city clerk-treasurer shall stamp across the face of the certified check:

Forfeited to the Town of Okanogan.

____________________ Town Clerk.

and shall deposit such check in the city treasury to the credit of the local improvement fund and the council shall re-advertise for proposals for such work. A forfeiture made under this section shall not be remitted except by the unanimous vote of all members of the council by “aye” and “nay” vote. (Ord. 65 § 28, 1916)

12.16.310 Subdistricts.

Whenever the city provides for the construction of any trunk sewer or trunk water main, it may divide the territory to be served thereby into subdistricts; the construction of such improvement may be made under separate contracts for such subdistricts thereof and the city council may levy assessments in each subdistrict and issue bonds to be paid by the collection of assessments against property in each subdistrict, independent of any other subdistrict; provided, however, that such subdistrict shall be set forth in the ordinance providing for such improvement and when it is proposed to pay any portion of the cost of such improvement from the general fund, such ordinance shall specify approximately the amount to be apportioned to each subdistrict. (Ord. 65 § 29, 1916)

12.16.320 Unit water main for cost assessment.

Whenever the construction of a water main, except a trunk water main, is ordered by the city council, such portion of the cost of such improvement as is equal to the cost of a unit water main, as defined in this section, shall be assessed against the property benefited in the manner provided by law. The cost of a “unit water main” for any given street or streets means the cost of a water main along such street or streets, together with all necessary gates, tees, crosses, fire hydrants and appurtenances which would be necessary for the reasonable water service and fire-protection use of such street or streets, including therewith the items of cost on account of such improvement incurred by the city and chargeable to the property within the improvement district, and the remaining portion of the cost and expense of such water main shall be paid from the water fund. (Ord. 65 § 30, 1916)

12.16.330 City’s contribution to be specified.

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 city out of any of its general funds, and shall direct that the remainder of such cost and expense be assessed against the property within the district in the manner provided by law. (Ord. 65 § 31, 1916)

12.16.340 Administrative costs.

In making estimate of the cost and expense of any improvements as provided in this chapter, such persons as the city council may designate shall include therein the estimated cost of the engineering and surveying necessary for the improvement to be done under the direction of the city engineer or street committee 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 upon any assessment roll the following sum:

In case of immediate payment assessment, the sum of $0.40 per description; in case of assessments payable in five annual installments the sum of $1.00 per description; in case of assessments payable in 10 annual installments the sum of $1.75 per description, which sum in a particular case shall be the charge for the cost of the accounting, clerical, labor, books, blanks, etc., incurred by the city clerk-treasurer in connection with such assessment. (Ord. 65 § 32, 1916)

Code reviser’s note: The current amount for the fee mentioned in OMC 12.16.340 is set forth in the city’s annual fee schedule as adopted by ordinance. A copy of this ordinance is on file in the clerk-treasurer’s office.