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HomeMy WebLinkAboutOrd 0115 - Local Improvement District (Repealed by Ord 317 and Ord 569)REPEALED by 317 569 ORDINANCE NO 115 AN ORDINANCE relating to local improve- ments in the Town of Tukwila and repealing all ordinances and parts of ordinances in conflict herewith. BE IT ORDAINED by the Council of the Town of Tukwila as follows: Section 1. METHOD OF PROCEDURE: Whenever the Tama Council shall provide for local improvements, this ordinence and ordinances amendatory thereof shall apply. Section 2. TOTE REWIRED: No ordinance relating to local improvements shall be considered passed unless the same shall have received the affirmative Tote of at least a majority of the members of the Town Council. Section 3. AWARD OF CONTRACT MANAGEMENT OF :TORE: After the Town Council shall have provided by ordinance for the making of any local improvement plans therefor shall be approved and the work supervised by the Town Engineer. Section 4. MODES OF PAYMENT: There shall be two (2) modes of payment for the portion of the cost and expense of any local improvement contemplated by this ordinance, and payable by special assessment, to wit: "Immediate Payment" and "Payment by Bonds." Section 5. THE ASSESSMENT ROLL: After the Town Council has by ordinance authorized the making of any local improvement and not less than twenty (20) days prior to the date fixed by the Engineer for the completion of the improvement (except as the time for filing said roll may be extended by the Town Council), the Town Engineer shall file with the Town Clerk an assessment roll prepared by the Engineer, 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 if the description of the property be correct. The Town Council, upon receipt of such assessment roll, shall fix a date for hearing thereon and direct the clerk to give notice of said hearing and the time and place thereof. Such notice shall be published at least two consecutive times in a weekly newspaper published in King County and of general eirculation in the Town of Tukwila: Provided that at least fifteen (15) days must elapse between the date of the last publieatian thereof and the date fixed for such hearing. -1- At the time fixed for such hearing the Town Council shall sit as a Board of Equalization for the purpose of consider- ing such assessment roll, and as soon thereafter as the Town .lerk shah have certified to then a statement of the total charges against the district, shall adjust the roll in conformity thereto. The ordinance confirming any assesemeet roll shall levy and assess against each lot, tract, eercel of land or other roeert;; a ,gearing upon such roll the amount charged a a1:;st the sa..:e. TJpoii the e .actmeet of such ordinance, the roll shall be delivered to the Town ;;jerk, who Shill forthwith traesnit the same Lo the Town Treasurer with his certificate that the same has been duly approved by ordinance, and aenually thereafter in the case of assessments payable by the mode of "Pad•eent by Bores the Town Clerk shall extend the,instalements of principal. any? interest u..on the unpaid belance as shown upon s€eaa approved roll. Section 6. MD'Ji, De7EDIATE PAY=-Eh PAYMEhe Whenever the cost and expense of any improvement shall be ea able by the mode of "Immediate eayment", the Town l`reasurer shall, upon receipt of such roll, publish a notice at least two consecutive times in a weekly newspaper published in King County and of general circulation in the Town of Tukwila that the said roll is in his hands for collection and that any assessment or any portion thereof may be paid at any time within thirty (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 tine, such assessment or unpaid eortion thereof will become delinquent. Upon delinquency a eenalte of five (Z:;'--) per cent. shall attach to, and become a part ofe all such assessments. Delinquent assessments shall bear interest at the rate of eight per cent. (8 50 per annum until paid. Such delinquent assessments with .penalty and interest shall forthwith be collected and the lieu thereof be enforced in the pander provided by law. Section 7, MODE CF eJ Y ENT BY BONDS: Whenever the cost and expense of any improvement shall be payable by the mod: of "Payment by Bonds", the Town Treasurer shall publish a notice at least two consecutive times in a weekly newspaper published in King County and of general circulation in the Town of Tukwila, as provided by law. The first instalment of principal or interest of any assessment payable under the node of "Paynent by Bonds" shall become due and payable during the thirty -day period succeeding a date one (1) year after the date of first publication of such notice, and annually thereafter each succeeding installment of principal or interest shall become due and in like manner. Lny such install- ment not paid ;prior to the expiration of the thirty -dgy period during which such installment is die and payable shall thereupon became 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 per cent. (5) penalty levied upon, both principal and interest due on such installment or installments. Section 8. NOTICE BY MAIL: In all cases of assessments or installments thereof becoming due and pay- able, the Town Treasurer shall mail a notice thereof to the owner of the property assessed when the postoffice address of the owner is known, but failure to mail the same shall not affect the validity of the assessment lien. Section 9, SPECIAL FL The ordinance confirm ing any assessment roll shall also create a special fund to be called "Local Improvement Fund, District No. into which shall be placed all snon paid on account of such assessment, including all interest and penalty thereon, and in event of sale of bonds by the Town, all proceeds of sale and all premiums and accrued interest on bonds issued for such improvement. Section 10. ISSUANCE OF BONDS: COUPONS: After the expiration of thirty (30) days after the date of first publication of the Treasurer's notice referred to in Sec- tion 7 of this ordinance, the Town Treasurer shall report to the Town Clerk the total amount of the assessment, the total amount paid on the principal thereof during said thirty day period, and the total amount unpaid; whereupon bonds of the local improvement district established by the ordinance providing for such improvement shall be issued 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 twenty (20) days after the expiration of the thirty (30) days above mentioned. Such bonds shall be in denomination of One Hundred Dollars ("100.40) each, except bond numbered one (1) which shall be in an amount not to exceed Two Hundred Dollars ($200.00); Provided, that the Town Council may, by ordinance, designate different denominations for such bonds. Such bonds shall be numbered from one (1) upward, consecutively, and each bond and coupon shall be signed by the Mayor and attested by the Town 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 Town impressed thereon, and shall refer to the improvement to pay for which the same shall be issued and to the ordinance ordering the same. Section 11. TERMS OF BONDS: INTEREST: That such bonds by their terms shall be made pl.-able on or before a date not to exceed twelve (12) years from and after the date of the issue of such bonds, which latter date may be fixed by resolution or ordinance of the Town Council, and shall bear interest not exceeding eight per cent. (8 per annum as may be fixed in the ordinance authorizing the issuance thereof, which interest shall be payable annually. Each bond shall have attached thereto interest coupons for each interest payment. Section 12. FORM OF BONDS: All local improvement bonds shall be in substantially the following form: LOCAL IMPROVEMENT BOND DISTRICT NO OF THE TOWN OF TQii'WILA, STATE OF WASHINGTON, No. The laws of the State of Washington, under which this bond is issued, contain the following provisions: *Seotion 5. (Chap. 209, ;session Laws 1927) Neither the holder nor the owner of any bond or warrant issued under the provisions of this act shall have any claim therefor againet the City or town by which the same is issued, except for payment from the special assess- ments made for the improvement for which said bond or warrant was issued, and except as against the Local Improve- ment 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 warrant in case of non- payment, shall be confined to the enforcement of the aeseasment 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 Sec- tion 9405 of Remington Compiled Statutes.* "The Town. of Tukwila, a municipal corporation of the State of Washington, hereby promises to pay to or bearer, Dollars, lawful money of the united miles es, with in'erestereon at the rate of per cent. per ,any, payable annually, out of the fund establish- ed by Ordinance Ito. of said Town, and known as *Local Improvement Feud, District No. 1 and not otherwise, except as provided by law, both principal and interest payable at the office of the Town Treasurer, of said town. *A coupon is hereto attached for each installment of interest to accrue hereon and said interest shall be paid only on presentation and surrender of such coupons to the Town Treasurer. "The Town Council of aaid Town, as the agent of said Local Improvement District established by said ordinance, has caused this bend to be issued in the name of said Town, as the bond of said local improvement district, the bond or the preoeeda thereof to be applied in part payment of so much of the cost and expense of the improvement of under said ordinance as is levied and assessed against the property included in aaid local improvement district and benefited by said improvement and the said local improve ment fund has been established by ordinance for said purpose, and the holder or holders of this bond shall look -4- only to said fund and the Local Improvement Guaranty Fund created by Chapter 209, Session Laws, 1927, for the payment of either the principal or the interest of this bond. "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. "This bond is payable on or before the day of 19 but is subject to call by the Town treasurer for prior redemption un any interest date, which cell for payment shall be made by said Treasurer by publish- ing the same in a weekly newspaper published in King County and of general circulation in the Town of Tukwila, and when such call is made, this bond 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, and each and every coupon representing interest not accrued upon said day shall be void. "IN WITNESS WHEREOF, The Town of Tukwila 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 and (SEAL) THE G l CT -TUK ILA. By Attest: Town Clerk W. COUPONS, NUMBER AND FORM: There shall be attached to each bond such number of coupons as shall be required to represent the interest thereon, payable annually, for the term of said bonds, which coupons shall be in substantially the following fora: �F TU KWILA yo Interest Coupon No. Interest On the day of 19 The Town of Tukwila, 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. Provided, that this coupon is subject to all the terms and conditions contained in the bond to which it is annexed. -5- TP4 TOWN OF TUKWILA By Attest: Mayor clerk Section 13. BOND REGISTRY: The Town Clerk shall keep in his office a register of all such bonds issued. He shall enter therein the local improvement fund dis- trict number, for which the same are issued, and the date, amount and number of each bond and term of payment. Section 14. DELIN^CTEN i' ASSESSMENTS; FORECLOSURE: Whenever on the first day of January of any year two installments of any local improvement assessment payable by the made of ^Payment by fonds" shall be delinquent, or the final installment of any such assessment, or any assessment payable by the mode of "Immediate Payment shall have been delinquent for more than one year, the Town Treasurer shall, on or before the first day of July of such year, proceed with the foreclosure of all such delinquent assessments or installment or installments thereof, as the ease may be, by proceedings in court therefor in an action brought in the name of the Town of Tukwila in the Superior Court of the State of Washington for King County, as provided by law. Section 15. GALL AND PkTMENT OF A RP NTS It shall be the duty of the Town Treasurer to call and pay in numer- ieal 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 ©uthtanding warrant, he may call in and pay such portion thereof as shall exhaust the amount of such fund; Provided, however, that the Town Treasurer may call the warrants issued to the contractor on estimates of the Town Engineer in any local improvement district as soon as the Town Council has, by resolution or ordinance, freed a date for the issuance of bonds in such local improvement district. Whenever the Town Treasurer shall pay a portion of any warrant as above provided, he shall indorse 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 re ort to the Town Clerk as a voucher for the money so pall. Section 16. LOCAL IMPROVEMENT CONTRACTS: In letting contracts for local improvements the contract shall provide that there shall be reserved from the moneys earned by the contractor on estimates during the progress of the improve- ment or work, a sum equal to fifteen per cent. (15; of such estimates, as a trust fund for the protection and payment of any person or persons, mechanics, sub contractors or material men who shall perform any labor upon such contract or the doing of said work, and all persons who shall supply such person or persons or sub contractors with provisions and supplies for the carrying on of such work. -Said fund shall be retained for a period of thirty (30) days following the final acceptance of said improvement or work as completed, and every person performing labor or furnishing supplies towards the completion of said improvement or work shall have a lien upon said fund so reserved; provided, such notice of the lien of such claimant shall be given in the manner and within the time provided by the laws of the State of Washington. No improvements shall be deemed completed until the Town engineer shall have filed with the Town Clerk a statement declaring the same to have been completed, and the Town .;ouncil shall have passed a resolution accepting the sage as completed. During the time allowed for the completion of the contract the Town ;ngineer shall, on the first day of each month, issue an estimate of the amount of work completed by the contractor during the preceding month; Provided, that after the expiration of the time allowed for such completion no estimate other than the final estimate shall be issued. The final estimate shall include a statement of the mount of money due the contract- or, a statement of the amount of money expended for abstracts, advertising, accounting, and collection, and engineering expense incurred prior to the expiration of the time allowed for the comp of the contract. Engineering expense incurred after the time allowed for the completion of the contract shall be borne by the contractor as penalty for failure to complete the work within the specified time. After the issuance of the estimate by the Town Engineer, the Town Clerk shall, on or about the 25th. day of the month, deliver to the contractor money or warrants in an amount equal to such estimate less the percentage to be retained therefrom as herein provided. after the expiration of thirty (30) days following the final accept- ance of at improvement or work and the expiration of the time for the filing of lien claims as provided by law, said reserve, or all mounts thereof in excess of a suffi- cient aura to meet and discharge the claims of material, men and laborers who have filed their claim as provided by law, together with a sum sufficient to defray the cost of such action, and to pay attorneys' fees, shall be paid to said contractor. Such warrants shall be drawn against the local improvement district fund and shall bear interest at the rate of seven per cent. (7 per annum from the date of issuance until redeemed; Orovided, that warrants shall not bear interest after one hundred twenty (120) days from the time fixed in the proposal and contract for the completion of the contract. If the work is completed within the time fixed there- for or any extension thereof, and there is no money available for payment of contractors warrants at the expiration of the one hundred twenty (120) aay period above mentioned the contractor may be ;,.,aid by sepahate non- interest bearing; warrants, a sum equivalent to interest at seven per cent. ('7`) per annum on outstanding warrants from the date when interest on such warrants ceased to the date when funds are available for the redemption thereof. If an extension of time is granted for the completion of the contract and the work is not completed when the extension period has expired, the contractor nay be paid by separate non-interest bearing warrants, a sum equival- ent to interest at seven per cent. (TA per annum on outstanding warrants from the day when interest ceased, as above mentioned, to a date one hundred twenty (120; days from the date on which tne extension period expires. The Town Clerk alien immediately upon receipt of the final estienate for a local improvel4ent, file in the office of the Town Clerk certificate sec forth the total amount of said final estieate, together !ith accrued interest on warrants issued or t be iseueu to the contractor- All warrants issued shall be redceeed in cash, in order of issuance eithin one hundred twenty (120) days after the comeletion aad acceptance of the contract, so far as payment Leto the local improvement district fund shall permit. Tarrants not so redecred in cash shall be redeemed in order of their issuance in local improvement district bonds, if the mode of eeyment is "Payment by Bonds": or, if the mode of payment be "Immediate Payment", by the issuance of local imerovement district fund warrants with interest at seven per cent. (7) per annum from date of issuance until redeemee. Section 17. CONTRACTS TO LOWEJT NOTICE,; CHECJ 7TIT TIID: The Town Amncil elay prOvide that all the work to be one la any lodal inerove- ment district shell be let in one il) coetrace, or at its option, it may provide that tie work be subdivided and separate contracts be let for each eubdivision thereor. All local Improvements to be made by contract shall be let to the lowest bidder therefor. Before awardine any such contract the TownCouncil shall cause to be eublished a notice for at least two consecutive weeely issues in a newspaper published in L'ine County and of girl cir- culation in the Town of Tuewila, for at least ten (10) days before the letting of such contract, invitine sealed proposals fcr such work, and the plans and specifications whereof must, at the time of publication or such notice, be on file in the office of the Teen Clerk subject to public inspection. Such notice call state geeerally the work to be done and shall call fr proeosais for doing the same, sealed and filed rith the Town Clerk on or before the day and hour named therein. ell bids shall be accom- panied by a certifiee check, payable to the order of the Town Clerk, or a surety bond for a 31111 not less the Five per cent. (5) of the amount cf the bid, end no bid shall be considered unless aecompenied by such oheo or bond. If, in the discretion of the Thee Council the work should be done by the Town by day lebor, and under the nanerement of the Sngineer, it is hereby empoweree to )receed eith the work irrespective of all such h1d, ern. ie ;=ilaCt. WIE, all bids Shall be rejected. Section 16. 0.PLIIING YIDS; ACCUI:=Ce; AZ:le 1 e37 1 LETTier COr7PACT: 1 7=2 eHECvq; Ye'27 2117713Sie2=7: et the time and place named, such bids shall be eublicly opened and read; no bid shall be rejected for inforeality but shall be re- ceived if it can be understood what is meant thereby. Thecouneilshall proceed to determine the newest 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 management by "day work", and in such case, all checks shall be returned to the bidders by the Town Clerk; but if the contract be let, then, and in such case, all checks shell by returned to the bidders, except that of the successful bidder, which shall be retaineu until the contract be entered into for making such improvement between the bidder and the Town, in accordance with such bid, and the duly a proved ar:u accepted bond therefor be filed in the office of the Town =clerk. If the said bidder fail to enter into such contract in accordance with his bid withi.i ten (10) days from the date at which he is ao tlfied that he is the successful bidder, the said check and the amount thereof shall be forfeited to the Town, and the Town Clerk shall stamp across the face of the certified check, "Forfeited to the Town of Tukwila. Town Clerk and shall deliver said check to the Town Clerk, who shall draw said amount and ea.y the same into the Town Treasury to the credit of the "Local Improvement _und', and the Town Council shall readvertise for proposals for such work. Neither the Engineer nor the Town Council shall have the power to remit such forfeiture. T2 D: Whenever the Section 19. •::TST'=ICTS s�..i�iiliril.:::s� Town Council shall provide for the construction of any trunk sewer or trunk watermain, it olay divide the territory to be served thereby into sub- districts; the construction of such improvement may be made under separate contracts for such sub- districts thereof and the Town Council may levy assessments in each sub district and issue bonds to be paid by the collection of assessments against property in each sub district independent of any other sub district; Provided, however, that such sub districts 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 sub- district. ection R p fly 20. ��_C�7r'r'n� =IT fi The }�.U•y- vw ::�1V a .it: 1. i. ii...:�i.� `:tl.� �:J cost of a unit watermain is the reasonable cost of a local water main and its appurtenances suited to the requirements of the territory served as defined in the mode prescribed in Sec. 9365, Aem.ington's Compiled statutes, and such cost may be assessed against the ;property specially benefited thereby. The remaining portion of the cost and expense of any watermain, except where the Town douncil shall provide for the creation of a trercidwatermain district, shall be paid from such fund as the Town Council shall by ordinance direct. Section nl. TOWN'S CGi°"T IBUTIIOr TO LE SPECIFIED IN ORDINANCE: :very ordinance ordering any Improvement herein provided for shall declare what, if any, portion or proportionate amount of such cost and expense thereof shall be borne by the Town out of its general fund or other fund, and shall direct that the remainder of such cost and expense be assessed against the property within the district created therefor in the manner pro- vided by law. Section 22. ITEMS CF COST! All estimates of the coat and expense of local improvements, as required by law, shall include the estimated cost and expense of the engineering and surveying necessary for said improve ment, the cost of ascertaining the ownership of the lots and parcels of land included in the assessment district, the cost of advertisil.a and publishing all notices required to be 7ubiished, and also a charge against each description of property in the following sue, to wit: In case of "Immediate Payment" 7 orty Cents (e .4C) per description; in case :.f assessment payable in five (5) annual installments, One Dollar ('l.00) per description; in case of assessment payable in ten (10) annual install- ments, One and 75/1 00 Dollars (11.75) per description, (which sum includes the charge for accounting, clerical labor, books and blanks used by the Town clerk and the Town Treasurer); Provided, however, that when any asses. -s- ment i;ayable in installments is ;aid in full within the thirty (30) day 1jeriod fixed by law for the payment of assessments without interest, the Town Treasurer stall allow a rebate of the Clerk's and Treasurer' s charge in this section rroviued in excess of the sum of forty Cents (..40) per description. After the expiration of such thirty (30) day period the Town Treasurer shall report to the Town Bleak tie total amount so rebated, and in all instances wherein the contractor doing the work in any local improvemeet district deposits cash under the terms of his contract with the Town `treasurer to cover the items of cost shown by the Town _engineer's final estimate, and saecified in this section, the Town Treasurer and the Town :clerk shall transfer the amount of such rebate from the fund in which it has been deposited to the appropriate local improvement fund. Section 23. ShOPEGATION V. ASS P:uIITS: That the Town Treasurer be, and he is hereby, authorized to collect and receive from any owner or owners of any subdivision or subdivisions of any lot, tract or parcel of land upon which a local improvement assessment has been, or may hereafter, be made, such portion of the assessment or assessments levied or to be levied against such lot, tract or parcel of land in the payment of said local improve- ment as the Town Engineer shall certify tc be chargeable to such subdivision or subdivisions, in accordance with the requirements and provisions of law in force et the time the original charge or assessment was made, together with a similar proportion of any penalties, interest or costs which shall have accrued; and upon leaiina such collection upon any such subdivision the Town Treasurer shall, and he is hereby authorized, to note such collections upon the- assessment records and give receipt for such certified proportion of said assessment as and for the assessment levied upon and due from said subdi ision; Provided, that this ordinance shall not authorize the segregation of any assessment which has been delinquent for a pe years or wore; or in any case where it appe€: property as segregated is not sufficient security for the payment of the assessment. In such instance the Town Treasurer shall determine such question of fact. No segregation of any assessment on unplatted lands or large platted tracts shall be made until a plat thereof has been furnished to the Town .nineer by the applicant for segregation showing that the pr oposed segregation of property wile conform to the system of streets as platted in adjacent territory. In all sudh in- stances the Town :engineer shell determine such question of fact. :henever,on account of the ilir: of a plat or replat or on account of a sale or contract to sell or other pr oper evidence of the c=zarge of ownership of u divided eD_r ©n of auy lot, treat or parcel of land assessed for local improvements, it s tali a_ pear to be to the best interest of the Town of Tukwila to segregate such assessment, the Town :i4neer is authorizes to make the ero. cer ti ficatio i us ;1ovld(;'d for in this ordinance upon the written application of the owner, approved by the Town Treasurer, eed upon the l.ayinent of the fee herein- after provides.. tee 01 One and 50,/100 Dollars (1.50) per descrip- tion shall be c'iarges for each description added to the assess ent roll by such certificate of t he Town n-- 'ineer, such fee t be 2a d to the Town treasurer and shall be depositd in the c-enerel Fund. Section 24. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 25. That this ordinance shall be in full force and effect from and after its assuage, approval and posting. Passed the Town Gouncil July 12, 1928. Approved on July 12 1928. Posted Fula /3, 1928. Mayor John R. Walkup City Clerk J.A. Duff