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HomeMy WebLinkAboutO-0089 - Local improvements (Superseded by 175)r rt r l ORDINANCE No.89. ESTABLISHING L.I.D.and L.I.D.FUND: AN ORDINANCE providing for improving and repairing streets,side- ,walks,alleys,squares and other public places,and the method for ''assessing,levying and collecting the cost of said repairs or am- provenient'in the Town of Marysville. bE IT ORDAINED BY THE COUNCIL OF THE TOWN OF MARYSVILLE: SECTION 1.Whenever the town council deems it expedient to improve or repair any street,sidewalk~;:alley,'avenue or other public fplace within the TOwn of Marysville,by removing obstruc- tions therefrom,grading paving,graveling,or curbing the same or constructing,gutters,culverts or sidewalks therein,it shall cause a plan,specification and an estimate of the costs thereof to be made and filed in the office ofthe'l'own Clerk for the inspection of all persons interested therein. SECTIOW2.The Town Council shall before grading,'paving gravell~ng or making other improvements or repairs of any street alley or other public place,the cost of which is to be levied and assessed upon the property benefitted,first pass a resolution declaring:its intention to make such improvement,and stating in said resolution the name of the street,alley or other public place to be improved,the points between which the proposed im- provement is to be,made,the goneral character of the proposed improvement and an estimate of the cost of same and that the cost'orsaid improvement is to be assessed against the property abutting upon said stxeet,alley or other public place proposed to be improved and shall fix the time in which protests against such proposed improvement may be filed in the ofifiice of the ~own Clerk. SEQTIP N 3,'TheT'own Clerk shall give notice that the council intends to·make said improvement,by publishing said resolution in the official newspaper of said town,at least one issue6r by posting,~printed copy thereof in three of the most public places of said'town,atleast five days before the time fixed by such resolution for the filing of such protests and an ~ffidavit of the publisher of said newspaper,or the affidavit of the party post .. ing said resolution,stating the time of publication or the time and place of posting,shall be filed with the said town clerl. SECTION 4.All protests against the proposed improvement shall be in writing and signed by the owner or owners of the property or by their agents and -shall be filed on or before the day fixed by the town council for the hearing of said protests. SECTION 5.If protests against the proposed improvement by 'the owners of more than three-fourth of the front feet of property abutting on said proposed improvement district,be filed before the time set for the hearing of said protests,the town council "shall not proceed further with the satd improvement,unless all the members of said town council shall be present and Illote in favor thereof. SECTION 6.*Ifno such protest is filed or if all the mem- bel's 'of the town council shall vote to proceed with said improv- mentnotwithstanding said protest,the council shall proce~d to consider thefsame and shall then Oil at some subsequeht meetIng enact an ordinance for such improvement.Said ordinance shall ,r- *(Asamended by section 1,Ordinance 119) 167 168 ORDINANCE No.89.(Cont'd). establish a Looal Improvement Distriot and which shall be oalled,"Looal Improvement Distriot No.,"whioh shall inolude all the propery abutting or fronting on the street alley or other publio plaoe to be improved,between the points named in suoh resolution.Eaoh lot or portion of a lot being seperately assessed for the full depth thereof in the proportion to the benefits upon theproperw to.be benefited,suffioient to oover the total expense of the work to the oenter of the street on whioh it fronts.Pro-- vided,that in all the stre~ts oonstituting the waterfront of suoh town,or bounded on the one side by the property thereof,.the expense of work done on that portion of said streets from the oenter line thereof to the said waterfront or to such property of .the town bounded thereon,shall be paid for by such town.,Provid.~d further"that when the impro-,' ment mentioned in this or-dLnanee shall be done or made on one side only of the ,oenter,line,of said street"alleY or. other publio plaoe,the LOCal Improvement Distriot in this seotion provided for shall include the lands or lots,or portions.thereof,fronting or abutting on that side only of said street,alleY or other public plaoe. SECTION 7.Said Ordinanoe shall provide that said.im- provement shall be made and that the oost and expense th~reof shall be taxed and assessed upon all,the property in said Local Improvement Distriot,whioh oost sha Ll. be aase ased in· proportion to the number of feet of said lands and lots fronting thereon and inoluded in said improvenlent distriot; and in proportion to the benefits derived by said improvement; provided that the towncounoil may expend from the general fund for said purposes,the sums whioh in their j;udgementmay be neoessary and equitable.'Jihe Counoil shall also at.tihe time of enaoting the said ordinanoe in this seotion,provided for, orea te by o rd i nanc e and establish a fund to be known as, "Looal Improvement Distriot lrund No.'".and shall direot that suoh sums of money whioh in their jUdgement may bemaoessary and eqUitable to be paid out of the general fund ,for said work,to be transferred from the general fund,to,. the sa id Looal Improvement Distriot lmnd .No...' SECTION 8.The expense of all improvement in the spaoe found by the junotion of two or more streets,or of,a stri:!et and an alley,or where one street or alley terminaltesin,or prosses another street or alley,and ,also all neoessarystreet orossings or orossways at oorners or interseotionsof streets and the expense of establishing bUilding and repairing , bridges in said town shall be paid by the town from the general fund thereof. SECTION 9.When an ordinanoe ordering any improvement as herein provided has been duly published,the town olerk .aha Ll, list in a suitable book,all the lots and lands abutting upon the streets,alleys,avenues,or other publio plaoes orpar.ts thereof designated in saidprdinanoe to be improved,gra<ied or repaired,inoluding improvement Distriot so establishea.. He shall asoertainwhether any lands aa organi70ally platted and abuting upon the streets,alleys,or otiher pubLfc plaoes being improved,have been subdivided by indiViduals,and .when the same have been so subdivided he shall list seperately, the said subdivisions by appropriate desoriptions in said list He shall in a sep,erate oolumn of said list ertBropposi,tethe desoription of eaoh lot or traot of land within said improv_' ment distriot the true.length of grontage of the samevand .in anotherseperate oolUmn he shall enter in alphabetioal>order the name of the owner or owners of eaoh lot ortraot,if the name of the owner is known to said olerk,and if not it shall be entered opposite the desoription as "unknown".After said publio work has been oompleted,the olerk shall aac er t a Lnrthe ~--------------- 169 ORDINANCE Nol 89.(Cont'd). n-- r .-t .' total expense thereof and also the expense of the space covered by all junctions or intersections of streets,alleys,avenues or other public places and the expense of all street crossings or crossways or corners or intersections of streets and when one street or alley terminates in another,he shall ascertain the cost of the improvements of such termination to the centre of the terminal street,he shall also ascertain the expense of all bridges constructed wi thin the said improvement district,and to the sum of these above items he shall add the sum or sums,if any,which the . council has determined to expend from the general fund for .such pur- poses,and he shall substract the total sums from the total cost of said ~provement and the balance shall be the net and total cost to be le~ed upon the private property within said improvement district He shall ascertain and determine the amount to be charged to each lot or parcel of land in said Improvement District which amount shall be assessed in proportion to the number of feet frontage of s~id lots or portions of land or tracts of land and in proportion to the benefits derived by said improvement and shall enter said amounts in the column marked,"Estimated Cost." He shall attaoh his certificate to said iist oertifying as town clerk that the said list or assessment poll contains a true and cor-nec t list of each and every lot tract or par ce L of land within the said Improvement District,the true frontage of said lot or tract of land and the true name of the owner or owners of said property as far as is known to said clerk -said certificate shall be dated,and the said list or assessment roll so certified to sha~l be filed in the office of said town clerk. SECTION 10.When the town clerk has finished said list.described in Section 9 afld has marked in the said column the estimated cost to be assessed against each description,he shall give at least five days noticeto all parties interested,that said ass- essment roll has been completed and filed his office and is ready tobe inspected Jy any and all parties interested therein,and that at ··.13.Qert13.in time in said notice mentioned,the town council will equalize said assessment,and direct all parties haVing any obj- jections thereto to file the sam.in writing on or before the day fixed and set for the.equalization of said assessment.. Said notice may be published in the official paper at least one issue or. a copy of the sams posted in.three of the most public places in said town.An affidavit of the publisher or of the party postiJ;lg said notice together with a copy of the notice published or posted .s ta ting the time of publishing or th~ate and place of posting must be filed with the town clerk.. SECTIONIL The Town Council at the time and place designated in said notice,shall meet and hear and determine all complaints against said assessment,mr any,and shall correct all errors in said roll and shall cause the amount to be charged against each lot,'t1:'act,or parcel of land in said list described,to be entered opposite said description in the column marked,"Final Levy,"and all of said amounts in said colman shall be a lien upon the said prQpertytherein described,and said lien shall take preperence of all other liens except liens for the state,county and general taxes: andsa.idCouncil may adjourn from time to time urrt i L said equalization has been completed,and a certifica~e of levy and a warrant of col- lection signed by the Mayor and attested by the town clerk shall be attached to said assessment roll and when so completed shall be deliv- ered to the town Marshall of said town for collection. SECTION 12.The 'l'own Marshalli~(sheilil receive the said assessment ro~l .and give his receipt therefor,and the town clerk shall charge the said Marshall with the totalmmountof the levy therein made on said private property.The said Marshall shall give notice by publ:j.shingtthe same in at least one issue of the official paper of said town,or by posting a copy thereof in three public places in said town,stating that he has received said assessment roll for dO~lectioJ;l describing the date oj'the final levy and the improvement, I ORDINANCE No.89.(Cont'd). district,and that unless the same is paid wi thin thirt:!days from the date of said notice the said amounts assessed against the property in said assessment roll shall be declared delinquent and that said amounts shall with interest from the date of final levy at the rate of eight per cent per annum,a copy of said notice together wi th the affidavi t of the publisher of said newspaper or of the party posting said notice,showing the date when published or posted,and that said copy is a true copy of said publication or notice posted,.shall be filed by the town marshall in the office of said town clerk at the time of .making his return to said clerk of all de Lt nquen t assessments. ~he notioe herein provided for shall be headed Speoial Assessment: SECTION 13.The Town Marshall shall use due diligenoe to oolleot all amounts fixed in said oolumn of .lrinal Levy in s'a Ld assessment roll and shall enter upon said roll in ink the work "paid,"in its appropriate place,.opposi te each des- oription when colleotion is made together withthe date of payment.tie shall make duplicate reoeipts for money thus oolleoted one of whioh shall'be filed wi th the town clerk wl:\;i,oh,reo!'l;i,:p,tc,sliaUcproperly describe the lot or traot of land,the interest and amount paid,and the name of the person pay- ing and he shall enter the same faot.supon the stub of the receipt book.'i'he said Marshall shall immediately pay all money over to the town treasurer,and take his receipt theee- for,and all money thus oollected or oollected by suit in fore- closing any·lien on any peoperty in said Improvement Distriot and suoh moneys shall be paid only on warrants drawn upon said fund. SECTION 14..At .tne end of the 30 days the said town Marshall 'shall enter upon said assessment roll his affidavit oertify- ingthat he has used due diligenoe in endeaving to oollect the amount due in said roll;that all desoriptionsof'landand lots in said roll contained not marked "paid"anaunpaidan~re delinquent and that he has colleoted the amounts marked pald, ani no more,and shall deliver said roll tothe town cLer-k tan d shall settle with said town clerk for all moneys oolleoted on said roll,and he shall be given oredit for the full amount of said delinquent list. SECTION 15.The Town Clerk shall when so direoted by the town c0Unoil make a delinQuent roll,whioh roll shall oontaina de- soription of all propertyWhioh is not marked "paid"upon the original roll,together with the delinQuent assessments oharged against eaoh desoription of property,and the name of the owner or owners of each description if known and the said clerk shall deliver said delinquent roll to any attorney,whom the town counoil may direct and the said attorney shall commence suits against the proper parties for the foreclosure of the liens of such delinquent ,assessments and shall proseoute the samwto a final determination.Suoh suit shall be in the name of the ~own of Marysville as plaintiff and the said plaintiff,wheee reoovery is had and the money paid,shall be entitled'to in- eLude as costs,the sum of twenty-five dollarsattorne;yifees, together with interest on the amount so delinquent at eight per cent per annum from the date of said;"Final Levy"and the said olerk on delivering said delinquent roll to said attorney shall take his ,receipt therefor and charge the amount of said roll to said attorney.~he said attorney shall immediately pay all .money by him'oollected into the town treasury,.and the.treasurer shall reoeipt therefor in duplioate.One receipt shall be filed with the town olerk,~he said attorney shall report to the town oouncilas often as requested antl he shall give receipt for all moneys thus oolleoted and mark the same paid on said roll. SECTION 16.Whenever the town oibuncil by resolution direots that'anyimprovement or repairs herein mentioned shall be made ~------r-r-r-r-r-r-r-r-r-r-r--':._._.."~,-,-~.......~.=,",,-,=,,...,-,,,.,,=",,..~=~==",.,~._------_." 171 ORDINANCE No. 89 (Cont'd). and the.estimated cost of said work has been ascertained and when the estinated cost is above one hundred dollars the work shall be done by contract and shall be let to the lowest r epons i ble bi~p'er after due notice which said notice shall be given by publishing or posting at least five days before the time set for receiving or considering said bids.11iach bid shall be accompanied by a <;lert:Lfied check,payable to the town treasurer,equal to five percent of the estimated coet :of said work.At the time and placen$!led in said notice all bids shall be publically opened and read and the council shall proceed to determine the lowest responsible bidder,and if in their opinion all bids are too high,they may reject all of said bids,and readventize for other bids.,and in such case all checks shall be returned to the bdld- deI's,but if such contract is let,then all checks shall be re- turned to the bidders except that of the successful bidder which shall be held until the contract:*or to furnish the.proper bonds, as in this ordinance provided for,Within ten days from the date of receiving notice that he is the successful bidder,the said check and the amount thereof shall be forfieted to the said ~own, and the town treasurer shall draw said amount and credit the same to the said Improvement .District Fund No.,and when the successful bdldder fails to enter into said agreement as herein provided,the council may award said contract to the next lowest bidder,or may readvertise for bids. Hefore said contract between the successful bidder and the said town shall be executed by the Mayor o~said town,the succ- essful b~dder shall enter into a good and sufficient bond signed by two or more sureties for the faithful performance of the con- ditions of said contract and he shall also at the same time execute and deliver to the said town clerk of said town a good and SUfficient bond in an amount equal to the full contract price agreed to be paid for said improvement and shall be to the state of'Washi!,gton,With two or more sureties,conditioned that such cont.ractor shall pay all laborers,sub-contractors and material men and all persons who shall supply such person or persons or .sub-contractor,s with provisions and supplies for the carrying on of such work,all debts due,and demands incurred in the perfor- mance of said work,and upon the approval of said bond last named,.by the Mayor of said ,town,the,saidbond shall be filiilad with the County Au~itor of Snonmmish County. SECTION.l?That all sidwalks hereafter laid within the limits of ~a:Lp.~own shall correspond to the following provisions to-wit. (1st)The width of sidewalks hereafter constructed or re- laid on .i!ront street shall be ten feet: (2nd)The width of sidewalks hereafter constructed or re- laid on Second street shall be eight feet and all cross walks between ~ront and Second streets shall be eight feet. \3rd)All other sidewalks hereafter constructed or ~elaid shall be six feet .wide. (4th)The sills under all sidewalks shall not be less than sixteen feet in length and not less than three inches by six inches on iront Street,and ndt less than three by four inches on all other streets,resting on solid safe and.secure foundations, with posts or other solid support not more than eight feet apart and.the planking of each sidewalk shall rest upon at least three sills excepting the .ten foot sidewalk ,on ercnt Stree1t w~·ch."...r..s 't 1'\.".ul&,__I "r,rh n-~"'."''"'......He toUtsLdewaLkshallhave"eac~other and"'be equa!d t s tanoe apa t,and the sill on the outer side of said walks shall be not more than two inches from the ends of the planking. (5th)The covering shall be at least two inches thick and not less than six inches nor more than eight inches wide except when set on edge,then not less than two inches by four inches wide and laid at right angles with the sills and each and every plank shall be spiked to such sills by not less than two twenty penny naims to each sill. (6th)The vlanking and timber used in the construction ot any sidewalk shall be sound and substantial. *(Enter in line 16 of SeQtion 16)for such improvement shall be fUlly executed by both par~ies thereto,if the said success- full bidder fails to enter into said contract 172 ORDINAlQCE No 89.lCont'd). SECTION 18.Any person or persons wishing to lay or relay any sidewalk,crosswalk,plank gutters,plank roadways,or make any kind of improvement in or upon any graded street,alley,or other public place within the town limits shall before commencing said work,procure from the town Council a permit therefor:provided that in no case shall the town be liable for any improvements whatsoever,done under any such permit,nor shall any tor any such work donemtel'er any such permit be allowed or paid by 'said town council. .sECTION 19.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed • .sECTION 20.This ordinance shall take effect and be in force , frcm and after its passage approval and publication.) C.E.Munn ,Mayo!" Passed,approved and signed Monday,Jrebruary,1903 rlichard ~ushell,Jr. Town Clerk NOTE: See Ordinance ~o.170.,Page173,forpenalty for delinQuent assessments. See Ordinance No.175,Page 183,for further information on "Method of Taxation for Local Improvements",Bonds,etc. r~<I ' I !