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ORD 57-58 LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTSTOWN CF WINSLOW, WASHINGTON o INANc Ug' AN ORDINANCE relating to local improvements and special assessments in the Town of Winslow, providing the manner of making such improvements and collecting such assessments and providing for the issuance of local improvement bonds, and repealing all ordinances or parts of ordinances in conflict therewith. BE IT ORDAINED BY TP~ COUNCIL OF T~ TOWN OF WINSLOW, WASHINGTON~ as follows: Section 1. Whenever the Town Council of the Tcwn of Winslow shall provide for making local improvements and for paying the whole or any portion of the cost and expense thereof by levy- ing and collecting special assessments on property especially bene- fitted, 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~,~.~ocal improvements~ in cities and towns and repealing certain A~.ts ~and parts of Acts," approved March 17th, 1911, and Acts amendatory thereof (being Chapters 35.43, 3~.44, 35.45~ 35.49, 35.50~and 3D.53~ R.C.W.), and the provisions of this <."?dinante 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 theimprovement 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 Countil. 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 actnalval~.~- ation of the real estate including twenty-five percent of the actual valuation of the improvements in such proposed dist~.ict according to the valuation last placed upon it for purpos~ 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 v~ill be especially' benefitbed thereby and the estimated amount of the cost and expense of such improvement to be borne by each lot, tract or parcel of property. The Town Council may'initiate such improvement directly by resolution declaring ~s 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 at the time specified in such resolution. Such resolution shall be published in at least two (2) consecutive issues of the official ne~,~spaper of the Town or, if there is no official newspaper~ 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 publication of the same. The Town E~gineer shall submit to the Town Council, at or prior to the date fixeC. for sucin hearing, the same data and information required to be submitted in the case of a petition. The Town Council may, by ordinance, authorize the ma~ing 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 speci- fied 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 benefitted shall establish a local improvement district to be known as "Local Improvement District No. ", whictn shall embrace as nearly ~ practicable all the property specially benefitted oy the improvement. Unless otherwise provided in the ordinance ordering the improvement, the improvement district shall include all the property between the termini of the improvement abutting upon~ adjacent, vicinal, or proximate to the street, avenue, lane, alley, boulevard, park drive, 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 bac!~ shall be the same as in the platted property immediately adjacent thereto): Provided, that if the local improvement is such that the special bene- fits resulting therefrom extend beyond the boundaries as above set fort!n the council may create an enlarged district to include as nearly as practicable all the property to be specially benefitted by the improve- ment; the petition or resolution for an enlarged district md all pro- ceedings pursuant thereto shall conform as nearly as is practicable to the provisions relating to local improvement districts generally except that the petition or resolution must describe it as an enlarged district and state what proportion of the amount to be cl~arged to the property specially benefitted shall be charged to the property lying between the termini of the proposed improvement and extending ~ack from the marginal lines t~ereof, and what proportion thereof ~o the remainder of the enlarged district: Provided further, that _~hen ever the nature of the improvement is such that the special ~enefits conferred on t~e property are not fairly reflected by the Lse of the aforesaid termini and zone method, the ordinance order- Ln~ the improvement may provide that the assessment shall be made against the property of the district in accordance with the special ~enefits it will derive from the improvement without regard to the zone and termini method. Section 4. All local improvements, funds for the making Df which are derived in whole or in part from assessments upon property specially benefitted, shall be made either by the Town itself~ or by contract upon competitive bids in the manner provided ~y law. The Town Council sna!l determine whether such local improve- ment shall be done by contract or the Town itself. Section 5. The cost and expense of any s~ch improvement 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 ~. 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 bD~ bonds of the improvement district, but no bonds shall be issued in excess of the cost and expense of the im- provement, nor shall they be issued prior to twenty days after the thirty days allowed for the payment of assessments without penalty or interest. Section li~. 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 presoribed 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 con- t~actor constri~cting the improvement in payment thereof. The proceeds of all sales off bonds shall be applied in payment of the cost and expense of the lmprevement. Section S. The Tov~ Council may provids by ordinance for the issuance of warrants in payment of the cost and expense of any local improvement, payable out of the local improvement dlstr!ct fund. The ,vatrants shall bear interest at the rate of nob to exceed eight per cenb per ann'~m and soall be redeemed either in cash or by local tmprcvement bonds for the same improvement authorized by ordinance. All warrants aSaimst any local lmprovemeff6 fund sold bL~ Li~e Town or issued to a contractor and by him sold or hypothecated for a valuable conslderation shall be claims and liens a~ainst the l:upr~venemt f,~nd aCalns5 which theZ are drawn prior and superior to any ri~ht~ lien or claim of any suret~ upon the 'bond or bonds ~iven ~o the Town bj or for the contractor to secure the perform- ance o? his contract or to secrete tlne payment of persons who have per~ormed work thereon~ furnished materials therefor~ or provisions and supplies for the carrying on of the work. Section 9. All assessments for local improvements shall be collected by the Town Treasurer and shall be kept in a separate land to be ~:nown as "Local Improvement Fund, District No. " and shall be used for no other purpose than the redemptlon of war- rants drawn upon the bonds issued a~ainst the fund to provide pay- ment for the cost and expense of the improvement. As soon as the assessment roll has been placed in the hands of the Town Treasurer for collection, he shall publish a notice in the official newspaper of the Town for ten consecutive daii~ or two consecutive wee~ly 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 mab'bc paid within thirty days from the date of the first publication of the notice without penalty, interest or costs. ~ection 10. In all cases where oonds are issued to pa~ zne cost and expense of a local improvement, the ordinance levying the assessments shall provide that tZ~e sum charged against any lot~ bract, and parcel of land or othe~ propempty, or any por- tion thereof, may be paid during the Dhirty-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 in- stallments. ~ne number of installments shall oe less by ~wo than t~e number of years which ti~e bonds issued to pay for the improve- ment are tc r~n. interest on the whole amount unpaid at the rate fixed 0y ~he ordinance shall be due on ~he due date of the first installment of principal and each year thereafter on the due date of eaci~ installment of principal. The first installment shall be- come due and payable during the thirty-day period s~cceeding a date one year after the date of first publication of the Treasur- er's notre, a~d annually thereafter each succeeding installment snali oecome due and payable in like manner. If the whole or any portion of any assessment remain unpaid after the first thirty (30) day period nerein provided for, interest upon the whole unpaid sum shall be charged at the rate fixed in the ordinance providing for s~ch improvement, and each year thereafter one of said install- ments, toSetner with interest due upon the whole of the unpaid oalance shall be collected. ~y installment not paid prior to the expiration of the thirty-day period during which such installment is due and paya01e, shall thereupon become delinquent. All delin- quenz ins~ailments shall be subject to a charge for interest at the bond rate and to an additional charge of five (5) per cent. penalty levied upon both principal and interest due on such install- ment or installments. Section 11. In case said improvement is made on the bond installment plan, the Town Treasurer shall, at the expira- tion of thirtbI (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 bZi the ordinance ordering the improvement in an amount equal to the amount remaining unpaid on said assessment. Said ordinance shall specify thedenomination of the bonds which, except for bond numbered "one", shall be in multiples of one hundred ($100) dollars each. Section 12. All bonds, unless otherwise specially ordered by the Council, issued in pursuance of the provisions of this ordi- nance, may be in substantially the following form: No. $ L~YITED STATES OF AMERICA STATE OF WASHINGTON LOCAL IMPROVEFreT BOND TOWN OF WINSLOW LOCAL IMPROVEMENT DISTRICT NO. N.B. This bond is issued by virtue of the pro- visions of R.C.W. 35.45.O10 et seq., Section 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 guarant~ 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 nonpayment, shall be confined to the enforcement of the assessment and to the guaranty fund." The Town of Winslow, 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 cent per annum, payable annually out of t~'~nd established by Ordinance No. of said Town and known as "Local I provement ~n~, District No. "and not otherwise, except from the guaranty fun"~,as here- in p2ovided. 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 ins'ba!lment of interest to accrue iaereon and said interest shall be paid only on presentation and surrender of such coupon to the Town Treasurer. This bond ~s payable on or before the day of ~ 19 , and is subJect~'~call by the Town 'l~easurero"fTaid To~n whenever there shall be sufficient money in said Local Ymprovement Fund to pa~ 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 sotits. The call forpayment of this bond· or of any bond of the series of which this is one, shall be made by the Town Treasure." by publishinS the same once in the offi- cial 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 ~'~ill 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 any remain- ing coupons shall be void. The Town Council of said Town as the agent of said Local Z!~provement District No. ~ established by Ordinance No. , has causeEF'~FFfs bond to be issued in the name of sai~ Town as the bond of said Local Im- proveme~ District, the bond or the proceeds thereof to De applied in part payment of so much of the cost and expense of the improvement of · under said Ordinance No. as is levied a:~ assessed against the property included in said Local Improvement District No. and benefitted by said improvement and the said L~cal Im- provement 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 Winslow for the payment of either the principal of or interest on this bond. This bond is one of a series of aggregating in all the principal sum of bonds Dollars, all of which bonds are subject to the same terms and conditions as ]herein expressed. IN WITNESS WitEREOF, the Town of Winslow has caused t!~ese presents to be signed by its Mayor and attested its Town Clerk and sealed with its corporate seal this da~ of , 19 Attest: TOW~I OF WINSLOW, WASHINGTON By Mayor Town Clerl~ 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, which coupons snail be substantially in the following form: On the da~ of , 19 , the TOWNIWINSLOW, STATE OF WASHINGTON, p~ises to pay to the bearer at the office of the Town Treasurer ($ ) office of the Town Treasurer ( ) Dollars, being (six) (twelve) months' interest ~ue 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 te~ns and conditions contained in the bond to which it is annexed, and if said bond shall be called for payment before maturity hereof, then this coupon shall be void. TOWN OF WINSLOW, WASHINGTON By Mayor Attest: Town ClerM The Town Treasurer shall keep in his office a register of all such bonds in which he shall enter the local improve~!ent 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 provisions of this Ordinance shall be applicable to all local improvements and proceedings therein initiated by petition or reso- lution subsequent to the passage and legal publication or posting of this Ordinance; and all proceedings and the manner of the col- lection and enforcement of all assessments in such proceedings shall be in compliance therewith, provided, however, that the provisions of this Ordinance shall be applicable to Local Improve- ment District No. lm created and established by Ordinance No. 56. PASSED by the Town' Council at a regdlar meeting thereof and approved by the Mayor this 19th day of November, 1957. Attest: Town Clerx lO.