Chapter 3.08
LOCAL IMPROVEMENTS
Sections:
3.08.010 Conformance with state law required.
3.08.030 Initiation by petition.
3.08.040 Initiation by resolution.
3.08.060 Advertisement for bids.
3.08.070 Contract with successful bidder.
3.08.080 Assessment roll – Filing required.
3.08.090 Assessment roll – Lien.
3.08.100 Assessment roll – Collection.
3.08.110 Assessment roll – Due date – Interest rate.
3.08.120 Bond – General provisions.
3.08.150 Bond – Signing – Attestation – Registration required.
3.08.160 Warrants on local improvement fund.
3.08.170 Delinquent installments – Interest rate.
3.08.180 Foreclosure of LID assessments.
3.08.010 Conformance with state law required.
Hereafter all proceedings for local improvements, including the creation of the local improvement district, letting of contracts for work in local improvement districts, the levying and collection of special assessments, the issuance of bonds and/or warrants for local improvements, and such other proceedings as shall be incident to local improvement and the assessment of the cost thereof to the property benefitted, shall be in accordance with the provisions of state laws and this chapter, and all ordinances or parts of ordinances bearing on such subject which are in any way in conflict herewith are repealed. (Ord. 127 § 1, 1947)
3.08.020 Initiation methods.
All local improvements, the cost of which is to be assessed against the property benefited, shall be initiated either by petition or resolution, as provided by law, and all proceedings shall be as herein provided. (Ord. 127 § 2, 1947)
3.08.030 Initiation by petition.
The petition provided for by state laws shall be filed with the city clerk and shall be reported by him to the city council, who may order the petition referred to the city engineer or such other officer whose duty it shall be to examine and report such petition as provided by law. Within 60 days after receipt of the petition, the city engineer, or such other to whom the petition may have been referred, shall return it to the city clerk, together with other data as required by law. (Ord. 127 § 3, 1947)
3.08.040 Initiation by resolution.
If the improvement be initiated upon resolution of the council, the city engineer, or such other board or officer, shall return and file with the clerk, on or before the date set for hearing upon the resolution, on detailed plans and specifications in addition to the data required by law. (Ord. 127 § 4, 1947)
3.08.050 Council action.
Upon return of the petition or resolution provided by law the council shall proceed to act on the same, and may order the improvement by ordinance which shall describe and define the boundaries of the proposed improvement district, the method of payment therefor, whether by bonds or immediate payment, the kind and nature of the improvement, and such other provisions as shall be necessary. (Ord. 127 § 5, 1947)
3.08.060 Advertisement for bids.
Upon the passage of such ordinance and after the same shall have become effective it shall be the duty of the city clerk to advertise for bids in the manner now provided for by city ordinance. (Ord. 127 § 6, 1947)
3.08.070 Contract with successful bidder.
Upon the date set therefor, or at such time afterward as may be convenient, the city council shall open any bids received and award the contract and thereafter the proper officers shall enter into a contract with the successful bidder in accordance with the plans and specifications for the improvement and for the sum mentioned in the bid. (Ord. 127 § 7, 1947)
3.08.080 Assessment roll – Filing required.
As soon as practicable after the completion of the contract the city engineer shall prepare and file with the city clerk an assessment roll showing the amount of the cost of the improvement including all incidental expenses thereof, which shall be borne by each tract or parcel of land within the improvement district according to benefits conferred and the name or names of the owner or owners thereof. Upon the filing of the assessment roll the city council shall by motion fix a date for the hearing thereon and the city clerk shall thereupon give notice of such hearing as provided by law. (Ord. 127 § 8, 1947)
3.08.090 Assessment roll – Lien.
After hearing upon such assessment as provided by law the council shall confirm the assessment by ordinance and the assessment shall thereupon become a lien upon each tract or parcel mentioned in the assessment roll to the amount mentioned therein. (Ord. 127 § 9, 1947)
3.08.100 Assessment roll – Collection.
Whenever any assessment roll is confirmed by the city council it shall be the duty of the city clerk to certify same to the city treasurer and collected by him in the manner provided by law. (Ord. 127 § 10, 1947)
3.08.110 Assessment roll – Due date – Interest rate.
All assessments for local improvements under the immediate payment plan shall be due within 30 days after the confirmation of the assessment by the city council as herein provided, and in case of nonpayment they shall bear interest at the rate of eight percent per year and in addition thereto shall bear a penalty of 15 percent. (Ord. 127 § 11, 1947)
3.08.120 Bond – General provisions.
In case the ordinance providing for the improvement shall provide that payment for such improvement shall be made in bonds of the local improvement district, such bonds shall be issued after 30 days after the confirmation of the assessment roll and the first installment thereon shall be due one year after a date 30 days after the confirmation of the assessment roll and the whole amount of such assessment shall draw interest at the rate to be determined and fixed by the city council at the date of the creation of the local improvement district but, in any event, not in excess of eight percent per year from such date 30 days after the confirmation of the assessment roll. After delinquency of any installment the same shall, in addition to the interest, bear penalty to be computed at the rate of 10 percent per year. (Ord. 131 § 1, 1947; Ord. 127 § 12, 1947)
3.08.130 Bond – Form.
The form of local improvement bond to be issued by the city against local improvement fund districts for improvements in the districts made shall be substantially as follows:
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UNITED STATES OF AMERICA |
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NUMBER |
DOLLARS |
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CITY OF WASHOUGAL LOCAL IMPROVEMENT BOND DISTRICT NO. ___ |
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N.B. – Neither the holder nor the owner of any bond or warrant issued under the provisions of this act shall have any claim therefor against the city by which the same is issued, except for payment from the special assessments made for the improvement for which said bond or warrant was issued, and except as against the local improvement guaranty fund of such city, and the city shall not be liable to any holder or owner of such bond or warrant for any loss to the guaranty fund occurring in the lawful operation thereof by the city. The remedy of the holder or owner of a bond, or warrant in case of nonpayment, shall be confined to the enforcement of the assessment and to the guaranty fund. A copy of the foregoing part of this section shall be plainly written, printed, or engraved on each bond issued and guaranteed hereunder, and the writing, printing or engraving shall be deemed sufficient compliance with the requirements of Section 9405 of Remington’s Compiled Statutes. |
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N.B. – The Local Improvement Guaranty Fund above referred to is the Local Improvement Guaranty Fund established by Chapter 209 Washington Session Laws of 1927. |
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THE CITY OF WASHOUGAL, A Municipal Corporation of the State of Washington, Hereby promises to pay to _________________________________or bearer |
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___________ DOLLARS |
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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 city, known as local improvement fund District No. ___ of the City of Washougal and not otherwise. Both principal and interest payable at the office of the city treasurer of said city. |
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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 maturity, each and every coupon representing interest not accrued at the time this bond is payable under such call shall be void. |
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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 No. ___ established by ordinance No. ___ has caused this bond to be issued in the name of said city as the bond of said district, the bond or the proceeds thereof to be applied in part payment of so much of the cost and expenses of the improvement of ___ under said ordinance No.___, as levied and assessed against the property included in said local improvement district No. ___ and benefited by said improvements, and the said local improvement fund district No. ___ of the City of Washougal, has been established by ordinance for said purpose, and the holder or holders of this bond shall look only to said fund and the Local Improvement Guaranty Fund created by Chapter 209 of the Washington Session of 1927 for the payment of either the principal or interest on this bond. |
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The call for 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 said city, and when such call is made for the payment of this bond, it will be paid on the day the next interest coupon thereon shall become due, after said call, and upon said day interest upon this bond shall cease. |
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This bond is one in a series of ___ bonds, aggregating in all the principal sum of _______________ Dollars issued for said Local Improvement District No. ___, all of which bonds are subject to the same terms and conditions as herein expressed. |
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IN WITNESS WHEREOF, The City of Washougal 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, 20__. |
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ATTEST: _________________________ |
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THE CITY OF WASHOUGAL, |
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____________ |
By _________ |
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City Clerk |
Mayor |
(Ord. 1912 § 1 (Exh. A), 2020; Ord. 127 § 13, 1947)
3.08.140 Bond – Coupon form.
The bond shall be printed or lithographed upon bond paper, and each bond shall have attached thereto interest coupons numbering from one to inclusive, which coupons shall be in substantially the following form:
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Coupon Number |
Bond No. |
Date Due |
DOLLARS |
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_______ |
_______ |
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On the above date the City of Washougal, State of Washington, will pay to the Bearer at the office of the Treasurer, the sum of _______ Dollars ($ ) being one year’s interest of the above numbered bond of LOCAL IMPROVEMENT DISTRICT NO. _______ of the City of Washougal. |
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_______________ |
________________ |
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City Clerk of the City of Washougal |
Mayor of the City of Washougal |
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(Ord. 1912 § 1 (Exh. A), 2020; Ord. 127 § 14, 1947)
3.08.150 Bond – Signing – Attestation – Registration required.
The bond shall be executed under the city seal, and be signed by the mayor and attested by the clerk. Each of the interest coupons shall be signed and attested in the same form. After such attestation before issuing the same, the bond shall be registered with the city treasurer by number, amount and date of maturity. (Ord. 127 § 15, 1947)
3.08.160 Warrants on local improvement fund.
In the case of improvements being made in the city, payment for which is to be made by special assessment on property specially benefitted by the improvement, payment shall be made to the contractor at such dates as the estimates are passed by the city council in warrants on the local improvement fund, to be payable only out of the local improvement fund especially created for that purpose. Such warrants shall draw interest at the rate to be determined and fixed by the city council at the time of the creation of the local improvement district but, in any event, not in excess of eight percent per year and shall be redeemable as hereinafter provided. Warrants issued under the provisions of WMC 3.08.010 shall be redeemable in cash or in bonds of the local improvement district. In case of any improvement on the immediate payment plan, such warrants shall be redeemable in cash as soon as there are sufficient funds in the local improvement fund to meet the same. In case of an improvement under the bonding plan, the warrants shall be redeemable by bonds, which shall be in amounts sufficient to cover the face of warrants and accrued interest, and shall be issued as soon as the bonds can be issued under the proceeding provided by law and ordinance. (Ord. 131 § 2, 1947; Ord. 127 § 16, 1947)
3.08.170 Delinquent installments – Interest rate.
Whenever any annual or other installment upon any local improvement assessment shall become delinquent, each of such delinquent installments remaining unpaid at the date of delinquency shall have added thereto interest at the same rate as is provided by ordinance for the bonds or warrants issued in payment or part payment of such local improvement. (Ord. 127 § 18, 1947)
3.08.180 Foreclosure of LID assessments.
When any local improvement district is payable in installments, upon failure to pay any installment due, the entire assessment becomes immediately due and payable, and the collection thereof will be enforced by foreclosure. The payment of all delinquent installments together with interest, penalties, costs and attorneys’ fees at any time before entry of the judgment in foreclosure extends the time of payment of the remainder of the assessments as if there had been no delinquency or foreclosure. Foreclosure proceedings may be commenced at any time prior to September 1st of any given year when the assessments become available for foreclosure. (Ord. 1449 § 1, 2003)