Chapter 3.20
LOCAL IMPROVEMENTS
Sections:
3.20.020 Award of contract – Management of work.
3.20.050 Mode of immediate payment.
3.20.060 Mode of payment by bonds.
3.20.080 Notice of installment.
3.20.100 Issuance of bonds – Coupons.
3.20.110 Terms of bonds – Interest.
3.20.140 Delinquent assessments – How collected.
3.20.160 Call and payment of warrants.
3.20.170 Record of petition for local improvements.
3.20.180 Local improvement contracts.
3.20.190 Contracts to lowest bidders – Notice – Check with bid.
3.20.210 Subdistricts authorized.
3.20.220 City’s contribution to be specified in ordinance.
3.20.010 Method of procedure.
Whenever the city council shall provide 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 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 acts and ordinances amendatory thereof. [Ord. 223 § 1, 1915.]
3.20.020 Award of contract – Management of work.
After the city council shall have provided by ordinance for the making of any local improvement, plans therefor shall be approved, the contract let and the work supervised by the city council. [Ord. 223 § 2, 1915.]
3.20.030 Modes 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 shall be payable by special assessments, to wit: immediate payment and payment by bonds. The mode adopted shall be the mode petitioned for, in case said improvement shall be made upon petition, otherwise the mode shall be the one which the council shall designate in the ordinance ordering such improvement. [Ord. 223 § 3, 1915.]
3.20.040 The assessment roll.
Not more than 20 days after the city council shall have awarded a contract for any local improvement authorized by ordinance of the city council or shall have determined that such local improvement shall be done by the city itself (except as the time for filing such roll may be extended by the city council), the city engineer shall file with the city clerk an assessment roll, prepared in duplicate by himself, which shall contain the description of each lot, tract, 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 city 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. Such notice shall be published at least two times in the official weekly newspaper; provided, that at least 15 days must elapse between the date of the last publication thereof and the date fixed for such hearing. At the time fixed for such hearing, the city council shall sit as a board of equalization on said assessment roll, and as soon thereafter as the city clerk shall have certified to them a statement of the total charges against the district, shall adjust the roll in conformity thereto.
The ordinance confirming any assessment roll shall levy and assess against each lot, tract, parcel 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 city clerk, who shall forthwith transmit the duplicate of the same to the city treasurer with his certificate that the same has been duly approved by ordinance, and annually thereafter, in the case of assessments payable by the mode of payments by bonds, he shall extend the installments of principal and interest upon the unpaid balance as shown upon said approved roll and transmit the same to the city treasurer, who shall thereupon extend the same upon the certified copy of said roll in his possession. [Ord. 223 § 4, 1915.]
3.20.050 Mode of immediate payment.
Whenever the cost and expense of any improvement shall be payable by the mode of immediate payment, the city treasurer shall, upon receipt of such roll, publish a notice in the official paper of the city for two consecutive weekly issues that the said 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 said 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 annum until paid. Such delinquent assessments with penalty and interest shall forthwith be collected and the lien thereof be enforced in the manner provided by law and the ordinances of the city of Roslyn. [Ord. 223 § 5, 1915.]
3.20.060 Mode of payment by bonds.
Whenever the cost and expense of any improvement 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 30 days following the date of the first publication of a notice by the city 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 improvement may run; or, the lien of any such assessment may be discharged at any time after the said 30 days by paying the entire unpaid portion thereof with all penalty and costs attaching, together with all interest thereon to date of delinquency of the installment next falling due. 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 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 30-day period herein provided for, 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 said installments, together with interest due upon the whole of the unpaid balance, shall be collected. Any installment not paid prior to the expiration of the 30-day period during which said 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 principal due on such installment or installments. [Ord. 223 § 6, 1915.]
3.20.070 Notice by mail.
In all cases of assessments or installments thereof becoming due and payable, the city 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 same shall not be fatal when publication is made. [Ord. 223 § 7, 1915.]
3.20.080 Notice of installment.
Whenever any installment of any assessment payable by the mode of payment by bonds shall become due and payable, the city treasurer shall publish a notice thereof for two consecutive weekly issues in the official newspaper, the date of the first publication of which shall be at least 30 days prior to the date of the delinquency of such installment. [Ord. 223 § 8, 1915.]
3.20.090 Special fund.
The ordinance confirming any assessment roll shall also create a special fund to be called “Local Improvement Fund, District Number ____,” in 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. 223 § 9, 1915.]
3.20.100 Issuance of bonds – Coupons.
At the expiration of 30 days after the date of the first publication of the treasurer’s notice referred to in RMC 3.20.060, the city treasurer shall report to the city clerk 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 thereon, and the total amount unpaid on such assessment; whereupon the mayor and the city clerk 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 said 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 above mentioned. Such bonds shall be in the denomination of $100.00 each; provided, that the city council may in the ordinance confirming the assessment roll designate any different denomination for such bonds. Such bonds shall be numbered from one upwards consecutively 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 facsimile of the signatures of said 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 shall be issued and to the ordinance ordering the same. [Ord. 223 § 10, 1915.]
3.20.110 Terms of bonds – 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 issuance of such bonds, which date 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 annum, such interest to be payable annually. Each bond shall have attached thereto interest coupons for each interest payment. [Ord. 223 § 11, 1915.]
3.20.120 Forms of bonds.
A. All bonds issued in pursuance of the provisions of this chapter shall be in substantially the following form:
Local Improvement Bond. District Number __________ of the City of Roslyn, State of Washington.
Number ______.
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 non-payment 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 Roslyn, 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 Number _____ of said city, and known as Local Improvement Fund, District Number _____, and not otherwise, both principal and interest payable at the office of the City Treasurer of said city.
A coupon is hereto attached for each installment of interest to accrue hereon, and said interest shall be paid only on presentation and surrender of such coupons to the City Treasurer, but in case this bond is called for payment before 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 ________, 20 ___, and is subject to call by the City Treasurer of said city whenever there shall be sufficient money in said Local Improvement Fund to pay the same and all unpaid bonds of the series of which this bond is one, which are prior to this bond in numerical order, over and above sufficient for the payment of interest on all unpaid bonds of said series. The City Council of said city as the agent of said Local Improvement District Number ____ established by Ordinance Number ____, has caused this bond to be issued in the name of said city, 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 and expense of the improvements made ________ under said Ordinance Number _____, 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 Number _____,” has been established by ordinance for said purposes; and the holder or holders 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 the payment of this bond, or any bond of the series of which this is one, shall be made by the City Treasurer by publishing the same in the city official newspaper of the city, 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 city of Roslyn has caused these presents to be signed by its Mayor and attested by its Clerk and sealed with its corporate seal this ______ day of _______ in the year of our Lord Two Thousand _______.
The City of Roslyn,
By ______________ Mayor
(Seal)
Attest:
_________________ City Clerk
B. Coupons – Number and Form. There shall be attached to each bond such number of coupons not exceeding 10, 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 City of Roslyn Interest Coupon Number _________, Interest $ _______.
On the ____ day of _________, the City of Roslyn, Washington, promises to pay to the bearer at the office of the City Treasurer ___________ dollars, being one year’s interest due that day on Bond Number _____ of the bonds of “Local Improvement Fund, District Number ____,” and not otherwise; provided, that this coupon is subject to all terms and conditions contained in the bond to which it is annexed.
The City of Roslyn,
By ______________ Mayor
Attest:
_________________ City Clerk
[Ord. 223 § 12, 1915.]
3.20.130 Bond registry.
The city 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. 223 § 13, 1915.]
3.20.140 Delinquent assessments – How collected.
All assessments or installments thereof becoming delinquent hereafter shall be certified to the treasurer of Kittitas County and by him 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 general taxes are collected, a separate account being kept thereof, and if not paid within the time fixed for the payment of said taxes, shall be 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 general or other taxes. [Ord. 223 § 14, 1915.]
3.20.150 Certificate 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, or in the case of all assessments or installments becoming delinquent hereafter, it shall be the duty of the city 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 persons 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. 223 § 15, 1915.]
3.20.160 Call and payment of warrants.
It shall be the duty of the city 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 out such portion thereof as shall exhaust the amount of such fund.
Whenever the city treasurer shall pay the 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 amount so paid, which receipt the said treasurer shall return with his report to the city clerk as a voucher for the money so paid. [Ord. 223 § 16, 1915.]
3.20.170 Record of petition for local improvements.
Whenever the city council shall pass 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 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 endorsements and other entries contained thereon and the names in full of all the petitioners; said books shall be endorsed “Record of Petition for Local Improvements,” 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 city clerk.
If any such petition for any improvement be lost, destroyed, concealed, mislaid, or for any reason not be in the proper place in the city clerk’s office, the record of such petition in the book herein designated, or a copy thereof certified by the city clerk, shall be received and treated for all purposes as of equal force and effect as the original petition. [Ord. 223 § 17, 1915.]
3.20.180 Local improvement contracts.
In letting all contracts for public improvements, the city council shall provide therein that at least 25 percent of the amount due the contractor on estimates shall be retained to secure the payment of the laborers who have performed work thereon, and material men who have furnished materials therefor, and such laborers and material men shall, for 30 days after their work has been completed, have a lien on such 25 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 council shall have adopted and caused to be filed with the city clerk a resolution declaring the same to have been completed.
During the time allowed in the contract the city engineer shall, on the last day of each month, issue an estimate of the amount of work completed during the month by the contractor; but shall, after 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 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 work under the contract. All engineering expense 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.
The city clerk shall, on or about the twenty-fifth day of the month following the issuance of the estimate by the city engineer, deliver to the contractor money or warrants in an amount equal to 75 percent of such estimate. 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 annum from date to a date 90 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.
The 25 percent required to be held as a reserve to protect laborers and material men for a period of 30 days after final completion of the improvement shall, at the expiration of such period, be paid to the contractor in warrants, so far as the same shall be free from liens, which warrants shall bear interest from the date of final acceptance of such work by the city council to a date 90 days after the time fixed in the proposal and contract for completion, if any such time there be. [Ord. 223 § 18, 1915.]
3.20.190 Contracts to lowest bidders – Notice – Check with bid.
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. 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 whereof 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. All bids shall be accompanied by a certified check, payable to the order of the city clerk, 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 council, it is hereby empowered to proceed with the work irrespective of all such bids, and in such case all bids shall be rejected. [Ord. 223 § 19, 1915.]
3.20.200 Opening bids – Acceptance and rejections – Letting contract – Return of checks – Forfeiture – No remission.
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 if, 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 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 contract be 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 be filed in the office of the city clerk. If the said bidder fails to enter into such contract in accordance with his bid within 10 days from the date on which he is notified that he is the successful bidder, the clerk shall stamp across the face of the certified check: “Forfeited to the City of Roslyn” and shall deliver said check to the city treasurer to be deposited in the city treasury to the credit of the local improvement fund, and the city council shall readvertise for proposals for such work. [Ord. 223 § 20, 1915.]
3.20.210 Subdistricts authorized.
Whenever the city council shall provide 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 said 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. 223 § 21, 1915.]
3.20.220 City’s contribution to be specified in ordinance.
Every ordinance ordering any improvement herein provided for shall declare what, if any, portion or proportionate amount of such cost and expense shall be borne by the city of Roslyn out of any of its general funds, and shall direct that the remainder of such cost and expense be assessed against the property within said district in the manner provided by law. [Ord. 223 § 22, 1915.]
3.20.230 Items of cost.
In making an estimate of the cost and expense of any improvement as provided in this chapter, the city council shall include 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 shall also add as a charge against each description of property appearing upon any assessment roll the following sum, to wit:
In case of immediate payment assessment, the sum of $0.25 per description; in case of assessment payable in not more than five annual installments, the sum of $0.50 per description; in case of assessment payable in 10 annual installments, the sum of $1.00 per description, which sum in a particular case shall be the charge for the cost of accounting, clerical labor, books and blanks incurred by the city clerk and city treasurer in connection with such assessment. [Ord. 223 § 23, 1915.]