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HomeMy WebLinkAboutOrd 0317 - Local Improvements and Special Assessments (Repealed by Ord 322) TOWN OF TUKWILA, WASHINGTON ORDINANCE NO, 317 REPEALED BY ORD 322 AN ORDINANCE relating to local improve- ments and special assessments, providing the manner of making such improvements and col- lecting such assessments, providing for the issuance of local improvement bonds, and repealing all ordinances or parts of ordinances in conflict therewith. BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF TUKWILA, WASHINGTON, as follows: Section 1. Whenever the Town Council of the Town of Tukwila 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 assess- ments on property especially benefited, the proceedings therefor shall be in accordance with 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, and Acts amendatory thereof (being Chapters 35.43, 35.44, 35.45, 35,49, 35.50 and 35.53, RCW), and the provisions of this Ordinance and ordinances amendatory thereof. Section 2. Any such improvement may be initiated either upon petition or by resolution therefor, but such improvement may be ordered only by ordinance. In case the improvement is initiated by petition, such petition shall be presented to and filed with the Town Clerk, or such other officer as may be designated by the Town Council„ The Town Engineer shall thereupon examine such petition, determine the sufficiency thereof and ascertain if the facts therein stated 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 Town Council, together with all papers and information in his possession regarding the same, together with his recommendations thereon and a description of the boundaries of the district and a statement of the proportionate amount of the cost and expense of such improvement which shall be borne by property within the proposed assessment district, and a statement of the actual valuation of the real estate, including twenty-five per cent of the actual valuation of the improvements in such proposed district according to the value- ation last placed upon it for purpose of general taxation, together with all other outstanding and unpaid local improvement assessments against the property included in the district, excluding penalties and interest; and in case the said petition is sufficient, shall also submit a diagram 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 lot, tract or parcel of property, PROVIDED, that no such diagram shall be required where such estimates are on file in the office of the Town Engineer, or other designated Town office, together with a detailed copy of the preliminary assessment roll and the plans and assessment maps of the proposed improvement. The Town Council may initiate such improvement directly by resolution declaring its intention to order such improvement and setting forth the nature and territorial extent thereof and notifying all persons who may desire to object thereto to appear and present such objections at a meeting of the Town Council, or a committee thereof, at the time specified in such reso- lution. Such resolution shall be published in at least two (2) consecutive issues of the official newspaper of the Town, or, if there is no official news- paper, in -a newspaper of general circulation within the Town, and the date of hearing thereon shall be at least fifteen (15) days after the date of the first 2- publication of the same„ The Town Engineer shall submit to the Town Council, at or prior to the date fixed for such hearing, the same data and information required to be submitted in the case of a petition. Notice of the hearing upon such resolution shall be given by mail at least fifteen (15) days before the day fixed for hearing to the owners or reputed owners of all lots, tracts, and parcels of land or other property to be specially benefited by the proposed improvement, as shown on the rolls of the County Treasurer, directed to the address thereon shown. The notice shall set forth the nature of the proposed improvement, the estimated cost, and the estimated benefits of the particular lot, tract, or parcel. The Town Council may, by ordinance, authorize the making of any such improvement and, in case of an improvement initiated by resolution of the Town Council, such ordinance may be passed on or at any time after the date of the hearing specified in the resolution. Section 3. Every ordinance ordering a local improvement to be paid in whole or in part by assessments against the property specially benefited shall establish a local improvement district to be known as "Local Improvement District No, which shall embrace as nearly as practicable all the property specially benefited by the improvement, Unless otherwise provided in the ordinance ordering the improve meat, the improvement district shall include all the property between the termini of the improvement abutting upon, adjacent, vicinal, or proximate to the street, avenue, land, alley, boulevard, park drive, parkway, public place or square proposed to be improved to a distance of ninety feet back from the marginal lines thereof or to the center line of the blocks facing or abutting thereon, whichever is greater (in the case of unplatted property, the distance back shall be the same as in the platted property immediately adjacent thereto); Provided, that if the local improvement is such that the special benefits resulting therefrom extend beyond the boundaries as above set forth, the Council may create an enlarged district to include as nearly as practicable all the property to be specially benefited by the improvement; the petition or resolution for an enlarged district and all proceedings pursuant thereto shall conform as nearly as is practicable to the provisions relating to local improve ment districts generally, except that the petition or resolution must describe it as an enlarged district and state what proportion of the amount to be charged to the property specially benefited shall be charged to the property lying between the termini of the proposed improvement and extending back from the marginal lines thereof to the middle of the block (or 90 feet back) on each side thereof, and what proportion thereof to the remainder of the enlarged district; Provided, further that whenever the nature of the improvement is such that the special benefits conferred on the property are not fairly reflected by the use of the aforesaid termini and zone method, the ordinance ordering the improvement may provide that the assessment shall be made against the property of the district in accordance with the special benefits it will derive from the improvement without regard to the zone and termini method. Section 4 All local improvements, funds for the making of which are derived in whole or in part from assessments upon property specially benefited, shall be made either by the Town itself or by contract upon compe- titive bids in the manner provided by law. The Town Council shall determine whether such local improvement shall be done by contract or by the Town itself. Section 5. The cost_and expense of any such improvement, or such portion thereof as the City Council may determine to be assessed, shall be distributed and assessed against all the property included in such local improvement district, in accordance with the special benefits conferred thereon, and in the manner provided by law. Section 6. The Town Council may provide by ordinance for the payment of the whole or any portion of the cost and expense of any local improvement by bonds of the improvement district, but no bonds shall be issued in excess of the cost and expense of the improvement, nor shall they be issued prior to twenty days after the thirty days allowed for the payment of assessments without penalty or interest. Section 7. Local improvement bonds may be issued to the contractor or sold by the officers authorized by the ordinance directing their issue to do so, in the manner prescribed therein, and at not less than par and accrued interest. Any portion of the bonds of any issue remaining unsold may be issued to the contractor constructing the improvement in payment thereof, The proceeds of all sales of bonds shall be applied in payment of the cost and expense of the improvement. Section 8,. The Town Council may provide by ordinance for the issuance of warrants in payment of the cost and expense of any local improve menu payable out of the local improvement district fund. The warrants shall bear interest at the rate of not to exceed eight per cent per annum and shall be redeemed either in cash or by local improvement bonds for the same improve- ment authorized by ordinance. All warrants against any local improvement fund sold by the Town or issued to a contractor and by him sold or hypothecated for a valuable consideration shall be claims and liens against the improvement fund against which they are drawn prior and superior to any right, lien or claim of any surety upon the bond or bonds given to the Town by or for the contractor to secure the performance of his contract or to secure the payment of persons who have performed work thereon, furnished materials therefor, or provisions and supplies for the carrying on of the work,. 5- Section 9. All assessments for local improvements shall be collected by the Town Treasurer and shall be kept in a separate fund to be known as "Local Improvement Fund, District No. and shall be used for no other purpose than the redemption of warrants drawn upon and bonds issued against the fund to provide payment for the cost and expense of the improvement. As soon as the assessment roil has been placed in the hands of the Town Treasurer for collection, he shall publish a notice in the official news- paper of the Town for ten consecutive daily or two consecutive weekly issues, or if there is no official newspaper, in a newspaper of general circulation within the Town, that the roll is in his hands for collection and that any assess- ment may be paid within thirty days from the date of the first publication of the notice without penalty, interest or costs. Section 10. In all cases where bonds are issued to pay the cost and expense of a local improvement, the ordinance levying the assessments shall provide that the sum charged against any lot, tract, and parcel of land, or other property, or any portion thereof, may be paid during the thirty -•day period allowed for the payment of assessments without penalty or interest and that thereafter the sum remaining unpaid may be paid in equal annual install- ments. The number of installments shall be less by two than the number of years which the bonds issued to pay for the improvement are to run. Interest on the whole amount unpaid at the rate fixed by the ordinance shall be due on the due date of the ;'first installment of principal and each year thereafter on the due date of each installment of principal. 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 the TreasurerVs notice, as provided in Section 9 hereof, and annually thereafter each succeeding installment shall become due and payable in like manner,. If the whole or any portion of any assessment remains unpaid after the first thirty (30) day period herein provided for, interest upon the whole unpaid sum shall be charged at the rate to be fixed by ordinance, not exceeding 8% per annum, 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 thirty -day period during which such installment is due and payable shall thereupon become delinquent. All delinquent installments shall be subject to a charge for interest at the rate fixed on the unpaid balance of the roll and to an additional charge of five (5) per cent penalty levied upon both principal and interest due on such installment or installments. Section 11. In case said improvement is made on the bond installment plan, the Town Treasurer shall, at the expiration of thirty (30) days after the first publication of the notice to pay assessment, report to the Town Council the amount collected by him upon the said roll and shall specify in said report the amount remaining unpaid upon said roll, and the Town Council may then, or at -a subsequent meeting, by ordinance, direct the Mayor and Town Clerk to issue the bonds on the local improvement district established by the ordinance ordering the improvement in an amount equal to the amount remaining unpaid on said assessment roll. Said ordinance shall specify the denomination of the bonds which, except for bond numbered "one, shall be in multiples of one hundred ($100.00) dollars each. Section 12. All bonds, unless otherwise specially ordered by the Council, issued in pursuance of the provisions of this ordinance, may be in substantially the following form: -7- No. UNITED STATES OF AMERICA STATE OF WASHINGTON LOCAL IMPROVEMENT BOND TOWN OF TUKWILA LOCAL IMPROVEMENT DISTRICT NO N,. B, This bond is issued by virtue of the pro visions of RCW 35.45.010 et seq. 35.45. 070 of which reads as follows: ;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 or town 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 or town, and the city or town 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 or town. The remedy of the holder or owner of a bond or war- rant in case of nonpayment, shall be confined to the enforcement of the assessment and to the guaranty fund." The Town of Tukwila, a municipal corporation of the State of Washington, hereby promises to pay to or bearer Dollars in lawful money of the United States, with interest thereon at the rate of per annum, payable annually out of the fund established by Ordi.. nance No. of said Town, and known. as "Local Improvement Fund, District No, and not other- wise, except from the guaranty fund, as herein pro- vided. Both principal of and interest on this bond are 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„ This bond is payable on the day of 19 but 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, twhich 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 call for pay-» ment 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 once in the official newspaper, or, if there is no official newspaper, in a newspaper of general circulation within the Town, 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 be- come due after said call and upon said day interest upon this bond shall cease and any remaining coupons shall be void. 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 and expense of the improvement of under said Ordinance No, as is levied and assessed against the property included in said Local Improvement Dis- trict No. and benefited by said improvement and the said Local Improvement Fund has been established by ordinance for said purpose; and the holder or holders of this bond shall look only to said fund and to the Local. Improvement Guaranty Fund of the Town of Tukwila for the payment of either the principal of or interest on this bond. This bond is one of a series of ting in all the principal sum of Dollars all of which bonds are subject to the same terms and condi- tions as herein expressed. IN WITNESS WHEREOF, the Town caused these presents to be signed by attested by its Town Clerk and sealed seal this day of ATTEST: bonds aggregate of Tukwila has its Mayor and with its corporate 19 TOWN OF TUKWILA, WASHINGTON By TOWN CLERK 9 MAYOR There shall be attached to each bond such a number of coupons as shall be required to represent the interest thereon payable either annually or semiannually, as the case may be, for the term of said bonds, wl±h coupons shall be substantially in the following form: On the day of 19 the TOWN OF TUKWILA, STATE OF WASHINGTON, promises to pay to the bearer at the office of the Town Treasurer Dollars being (six) (twelve) monthst interest due that day on Bond No. of the bonds of Local Improvement District No, and not otherwise, provided that this coupon is subject to all the terms and conditions con- tained in the bond to which it is annexed, and if said bond shall be called for payment before maturity here- of, then this coupon shall be void. ATTEST: TOWN CLERK TOWN OF TUKWILA, WASHINGTON BY MAYOR The Town Treasurer shall keep in his office a register of all such bonds in which he shall enter the local improvement district for which the same are issued and the date, amount and number of each bond and the terms of payment. Section 13. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 14. The laws of the State of Washington and the provi•• sions of this Ordinance shall be applicable to all local improvements and pro- ceedings therein initiated by petition or resolution subsequent to the passage and legal publication or posting of this Ordinance, including Local Improvement -10- District No„ and all proceedings and the manner of the collection and enforcement of all assessments in such proceedings shall be in compliance therewith, PASSED by the Town Council at a regular meeting thereof, and APPROVED by the Mayor of the Town of Tukwila, Washington, this 29TH DAY OF MARCH 1961 CHARLES O. BAKER MAYOR LOIS T. NEWTON CITY CLERK