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HomeMy WebLinkAboutO-0175 - Procedure for local improvements (Obsolete, superseded by statute)._"<-" "/ ORDINANCE No.175. METHOD OF TAXATION FOR LOCAl.IMPROVEMENTS: 183 r l .~" ~ AN ORDINANCE relating ,to local improvements in the ~own of Marysville, Washington,and repealing all ordinances and parts of ordinances in conflict herewith. bE IT ORDAINED BY THE COUNCIL OF THE TOVm,OF M~~YSVILLE,WASHINGTON, as follows: SECTIONl.METHOD OF PROCEDURE;Whenever the 'town Council shall provide for making local improvements ahd for paying the whole or any portion of the cost and expense thereof by levying and,collecting special assessments on property specially benefited,the proceedings therefor shall be in accordance with the provisions of an act enti- tled,,,,An Act relating to lacal improvements in cities and towns and repealing certain acts and parts of acts",'approved March 17,1911, being vhapter 98,Session Laws of year 1911,the laws of the state of Washington governing cities of the fourth class,so far as applicable,and the provisions of this ordinance and acts and ordinances amendatory thereof • SECTION 2.PETITIONS,WITH WHOMFILEDi Petitions for local improvement shall be presented to and filed with the ~own Clerk. SECTION 3.PETITIONS and RESOLUTIONS;TO WHOM REFERRED:The Town Clerk and the Committee on streets and Lights of the Town Council .are hereby named as the or'r i cer-a to ascertain the truth of the facts set forth in any petition filed for any local improvement,and all resolutions or petitions initiating any local improvement shall be referred to said officers,and it shall be their duty,with the assistance of the Town Engineer,if any shall be appointed or employed,to make all preliminary estimates of the cost of such improvement and prepare all diagrams,plans and specifications and other data as are required by Sections 9 and 10 of Chapter 98, Session Laws of 19l1,and submit the same to the ~own Council upon the hearing of any resolution and at such other times as may be required. SECTION 4.VOTE REQUIRED:No ordinance relating to local im- provements shall be considered passed unless the same shall have ,recei'ved the affirmative vote of at least a majority of the members of the Town Council jprovided,that no ordinance pr ov td fng for any such improvement shall be effective over the written objection or objections of the owners of a majorit:y-of the lineal frontage and of the area within the limits of the proposed improvement district, filed with the Town Clerk prior to the final passage of such ordin- ance,unless such ordinance shall receive the affirmative vote of at least two-thirds of all the members of the ':i:own Council. SECTION 5.AWARD OF CONTRACT:lWANAGEWiENTOF W6IlK:Atter the 'rown Council shall have provided by ordinance for the making of any local improvement,plans and specifications therefor shall be approved and t~ee .p$I}~r.~t let by"the 'I'OWn Council,and the work shall be un~,(!b"fiElthow Councilor any sua-coma;ttee thereof,officer or other person that shall be designated by t~e Town Council. SECTION 6'.MODES OF PAYMENT:'.J:here shall be two medes of making payment for sucnvpor-t t on of the cost and expense of any such improve- ment as shall bepay~,ble by special assessments,to-wit:"Immediate Paymentttand "Payment by l:londs."The mode adopted shall be the mode petitioned for in case said improvement shall be made upon petition, otherwise the mode shall be the one which the Council shall designate in,the ordinance ordering such improvement. -,----------~._-_.~------- I~I 1 1 I !j 1oJ I I I ( I "184 SECTION 7.THE ASSESSMENT ROLL:Not more than thirty (30) days after the Town council shall have awarded a contract for any local improveme~t,authorized by ordinance ~f the TOwn Oouncil,or shall have determined that such local improvement shall be done by the :I.'own itself lexoept as.the time for filing said roll may be extended by the ~own Oouncil),there shall be f.iled in the office of tbe 'town Glerk,aa assessment ..roll pre- pared in duplicate by the Committee on otreets and ~ights~or other committee,person or persons,officer PI'.offic.ers as shall be designated by the TOwn Council,which assessment roll shall eonta t n the description of each lot,tract or parcelof land,or other property to be asse;3sed,the amount to'be charged,levied or assessed against the same,and the name of the owner or owners thereof,if known;but in no case shall a mistake in the name of the owner be fatal when the description of the property is correat. ~he TOwn Council upon receipt of such assessment rolL shall fix a date for the hearing thereon,and direct the,fown...Olerk to give notice of such hearing and the time and place thereof. Such notice shall be published at least two times in the offic- ial weekly newspaper;provided that at least fifteen (15)days· must elapse.between the date of the last publication thereof.and the dat.e fixed for such hearing.At the time fixed for such hearing,the Town Oouncil shall sit as.a board.of equalization' on said assessmen~rOll,and as soon thereafter as there shall have been certified to them a statement of the totaL charges against the district;ahalladjust the roll.in conformity thereto The ordinance confirming any assessment roll shall levy and assess against each 19t,tract,parcel of land or other property appearing upon such roll the amount charged against the'same .'. Uponvt herenac'tmen't of such ordinance,the roll shall be delivered to the Town Clerk,who shall forthwith transmit the duplicate of the.same to .the Town Treasurer,with his certificate that the same ,has been duly approved by ordinance. SEOTION.8.MODE OF "ThlMEDIATEP1\.YMENT":Whenever the.cost and expense of any improvement shall be paYable by them046 of ~Immediate Payment",the Town .Treasurer shall upon rec.eipt of such r-oLl.,publish a notice in the official paper of the.town for two (2)consectiveweekly issues,that said roll is.in his hands for collections,and that any assessment thereon or any portion of any such assessment may be paid at any time within thirty (3q,)Aays from the date of the firstpublicati()npfsaid notice,wi.;~hout penalty,interest or costs,andthatilialess pay- ment be -mad e within such time,such assessment or u~;paidliort.ion thereof will become delinquent ..Upon delinquency a penalty of five,per cent (51&)shall att.achto and become a part of.all assessment~.Delinquent assessments shall bear interest at the rate of eight per cent (81&)per annum from date of delinquency, until paid. SECTION 9.MODE OF "PAYMENT BY BONj)Sir;Whenever the cost and expense of any improvement shall be payable by the mode of "payment by Bonds",the whole or any portion,of any assessment levied on account.of such improvement may be paid without . penalty or interest during the first thirty (00)days following. the date of'tl:J.efirst publication .or a notice given as pre ... scribed in Section 8 of this ordinance by .tne 'l'ownTreasurer that such assessment and asSessment roll i8in his hands for collection,and the unpaid balance,if any,may be paid in equal annual in13tallments,the number of which shall equal the .n1lll1berofyearswhichthebondstopayfortheimprovementmayrun;.,or, the lien of any such assessment may be discharged at any .time .after said thirty (30)days,by paying the entire unpaid portion thereof,'with aLl,penalty and cos'll'attaching,together with all interest thereon to date of delinquency of·the installment thereof next falling due.'l'hefirst installment shall become due and ·Y( ""! ,'~~~-----------~- 185 ;'.". .)(. ORDINANCE No.175.(Cont'd) payable during the .thirty(50)days period,succeeding a date one year from the date of,·th6 first publication of such notice and annually thereaf:t;er 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 (50)day period herein provided for,.interest upon the whole unpaid sum shall be charged at the.rate fixeli in the ordinance providing for such improvement,and each year thereafter one of said installments, together with the interest due upon the whole of :the unpaid balance,shall be collected.Any installment not paid prior to the expiration of the thirty (50)day period,during which such installment is due and payable,shall thereupon become delinq- uent.All gelinquent installments,shall until paid be subject to a charge for interest at the bond rate,as herein specified from the date of delinquency until the date of delinquency'·l5f the installment next falling due 'after the payment of$uch installment,and to an additional charge of five per cent (5%) penalty,levied upon both principal and interest due on such installment or installments. SECTION 10.Amended by Seationl,of Ordinance No.262. (See Ordinance No.262).,.Page 1))5 ..relating to Foreclosure of DelinQuent AssesBments. SECTION,ll..NOTICE BY 11AIL:In all cases of assessments or 'installments thereof becoming due and pay,ple,the Town Treasurer l;Jhgllmail a copy of the notice required to be published to the owner of the property assessed,when the post office address of theowner.is known,but failure to mail the same shall not be fatal when publication is made. SECTION 12.NOTICE OF INSTALLllilENT:Whenever any ins tallmen t of an assessment,payable by the mode of "Payment by Bond.",shall become due and payable,the ~own Treasurer shall publish a notice thereof for four (4)consecutive weekly issues in the· official newspaper,the date of the first publication of which shall be at 1 east thirty (50)days prior .to the date of the delinquency of such installment.. SECTION 15..SPECIAL FUND:The ordinance confirming any ass- ess~ent roll shall also create a special fund,to be called, "LQcalImprovement J!'und,District No._",into which shall be placed :all sums paid on account of.such assessment,including allini;erestand ,penalty thereon,and vm event of sale of bonds byJ;he town,the proceeds thereof and all premiums and accrued interest.on bonds issued ~or such improvement. SECTION.l4.IEl~UJi.NCE OF BONJilS;COUPONS:At the expiration of thirtyd30)days after the date of the first pUblication of the Treal;Jurer's notice,refe.rred to in Section))of this ordinance, the Town'I're,asurer sh,all report to the :iown Clerk the total amount Of the assessment,the total amount paid to him to redeem any lots,tracts,parcels of land or other property from the assessment levi eli thereon,and the total amount uppaid on such assessment.Vfuereupon the Mayor and ~own Clerk shall issue the bonds.onrthe local improvement in an amount ..equal to the amount remaining1:ll,lpaid on said assessment roll,as shown by such report The bonds herein provided for shall not be issued prior to twenty (20)liaysafter the expiration of the thirty \50}days above mentioned,but may be issued at,any time thereafter.Such bonds shall he in denominations of One Hundred Dollars ($100.00)each, excepf b.ond numbered on (1),which shall be in an amount not to exce~diTwo Hunlired ($200.00)Dollars;provided,that the Town OouncLl,may,in the ordinance .conr t rmt.ng the assessment roll, aesignateany different denomination for such bonds.Such bonds shall be numbered from one (1)upwards 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 --~-~~~-,---~~----~~------,---------- ,186 ORDINANCE No.175.(Cont'd) being so signed,have printed :thereon the fac-simile of the sign- atures of said off,icers,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 15.TERW~OF BONDS;INTEREST:Such bonds by their terms shall be made payable on or before a date not to exceed ten (10)years from and after the date of the issue of such bonds,- which date may be fixed by resolution,or may be fixed by the' ordinance confirming the assessment roll.Such bonds shall bear interest at the rate provided by the ordinance ordering the im- provement,not exceeding eight(S)per cent per annum,such inter- est to be payable annually.~ach bond shall have attached there- to interest coupons for each interest payment. j :j 't 5- t...: ~,of the TOwn SECTION 16.FOffiW OF BONDS:All bonds issued in pursuance 'of the provisions 01'this ordinance shall'be in substantially the following form: "Local Improvement Bond,District No. of Marysville,State of Washingtmn. No. ',' N.'B.This bond is issued by vitt,u.e of the provisions of an act of the Legislature of the State of Washington,entitled, '~Act relating to local improvements in cities and towns and repealing certain acts and parts of acts",approved March 17,1911, Section 5201'which act reads as follows"to-wit: '1Section 52.Neither the holder nor owner of any bond issued under the authority of this act shall have any claim there- for against ,the city by which the same is issued,except from the special assessment made for the improvement for which sllchbond is issued,but his remedy in case of non-payment,shall be con- fined to the enforcement of such assessment.A copy of this section shall be plainly written,printed Or engraved,on each. bond vso issued." "The TOwn of MarySVille,a municipal corporation of·the state of Washington,hereby promises to pay to or bearer,Dollars,lawful money of t~h~e~u~n~i~t~e~d~s~t~a-t~e-s-,~ with interest thereon at the rate of percent,P13r annum, payable annually,out of the fund established by OrdinanceNo~__ of said Town,and known as "Local Improvement J!'und District No. It,and not otherwise,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 sur';' render of such coupons to the Town Treasurer,but in case this ,bond is called for payment before its maturity,each and ,.13very coupon representing interest not accrued at the time this bond is payable under such call,shall be void.'l'his bond is payable on or before the day of ,19,'and is subject to call by the 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 nne,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 Town Council of said Town as the agent of said Local Improve,;. mentDistrict has caused this bond to be issued in the name 'of said Town,as the bond of said Local Improvement District No.., established by Ordinance No.,the bond or the proceeds --- thereof to be applied in part pa~ent of so much of the cost and expense or the improvement of under said ordinance No.i,,as is 'levied and assessed against the property in- cluded in said local improvement district and benefited by said Lmpr-ovemen t ;and the said,"Local Improvement Fund District No. =-r-=-::-="'f has been established by ordinance for said purpose, and the holder or holders of this bond shall look only to said I L~~__~~__~_, "".._------------:--. 187 ORDINANCE No.175.(Cont'd). fund for the payment of either the principal or the interest of t·his bond. "The call for payment of this bond or of.any bond of the series.of which this is one,shall be made by the 'I'own 'I'reasurer by publishing the same in the official newspaper of said town and when such call is made tor the payment of this bond,it will be paid on the day the next interest coupon hereon shall become due after said call,and upon said day interest upon this bond shall ceasev and any remaining coupons shall be void. This bond is one of a s.eries of bonds,aggregating in all the principal sum of Dollars,issued for said local improvement district,all of which bonds ar-e subject to the same terms and conditions as herein expressed. IN WITNESS WHEREOF,the 'fown of Marysville 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 One Thousand Nine Hundred a nd 'tHE 'I'OWN OF MARYSVILLE ·1i (Mayor) A'fTES'1': By ----nMaYO:rr---~- (SEAL) ('fownC-rer-k) r-i COUPONS,NUMBER and lfORM:There shall be attached to each bond such number of coupons,not exceeding ten,as shall be re- qUired·torepresent the interest thereon,payable annually,for the term of said bonds,·which coupons shall be in substantially the following form: "The Town of Marysville,Interest Coupon No.,Interest.---."",.>(~,;!,$--'r;o::n~the day of ,the 1'Own of Marysville,Wash- ington,.pr-omi se s to pay to the bearer at the office of the 'l'own Treasurer Dollars,being one year's interest due that day on bond No.of the bonds of Local Improvement Fund District No."and not otherwise;provided,that this .coupori is subject to a.Ll,the terms and conditions contai ned in the bond to which it is attached. I 'i'BE TOWN OF MARYSVILLE .(Mayor) By --':"=~,-_ ATTEST: p'o~crerkT I "."...., SECTION.17 •BOND REGIS1'RY:The Town Clerk shall keep in his .officea registry of all such bonds issued.He shall enter there- in the local improvement fund district number for which the same are.issued and the date,amount and number of each bond and the terms of payment • .SECTION 18.WARRp.NTS;rffiEN ISSUED:Vfuere the improvement shall beo.rdered and payment therefor made wi thou t the issuance of bonds, the Town Council shall cause warrants to be issued in payment.of the cost and expense thereof,which warrants shall bear interest at a rate not to exceed eight per cent (8%)per annum and shall be payable.only out .or the special fund to be provided for the loeal improvement district under which the same are issued;said warrants to be redeemed in (l!i\&\J!l;. SECTION 19.CALL AND PAYMENT OF WARRANTS:It shall be the duty of the Town Treasurer to call and pay in numerical 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 .- ,,---rae I of such,fund,but not eur.r ict errt.to pay the whole of the next succeeding o~tstanding warrant,he may call in and pay such por- tion thereof as shall e~haust the amount of such fund. ¥fuenever the Town Treasurersha~l pay a portion of any warrant,as above provided,he shall endorse upon such warrant the date and.amount of such payment,and take a receipt fromth,8 holder thereof,shoWing the number and description of such war- rant,and the date and.amount so paid,which rece,ipt the treasurer shall return with his report to the Pown Clerk,as a voucher for the money so paid.' sECTION 20.HECORD OF PETITION FOR LOCAL IMPROVEWiliNT:When- ever the Town Council shall pass an ordinance ordering any improve- ment,and such improvement is.to be paid for in whole'or in part by special assessment upon the .property specially benefi ted,the s",d Clerk shall forthwith record in a book to be kept for ,that purpose, the pe't i tion presented by the property owners,to the '!'own Council, together with t he endorsements and other entries contained thereon and the names in full of all the petitioners.Said book shall beendorsed,"Record of Petition for Local Improvements",and shall be properly indexed,so as to indicate the pages on which the petition for each improvement can be found,and shall remain in the office of the ~own Clerk. If any vsuch petition for'any improvement be lost,destroyed, concealed,mislaid,or for any reason be not in the proper place in the office of the 'l'ownClerk,the reGord'of such petition in the book herein designated or'a copy thereof certified by the ~own Clerk,shall be received,and treated for all purposes as of equal force and effect as the original petition. SECTION 21.LOCAL IfuPRO~ffiNT CONTRACTS:In letting all con- tracts for'public improvements"the '!'own Council shall provide there- in that at least thirty (30)per cent of the amount due the contractor on estimates shall be retained tb secure the payment of all laborers, mechanics,sub-contractors and material men and all persons who shall supply such person or persons,or sub-contractors,with provisions and supplies for the carrying on of such work,'all just debts,dues and demands incurred 'in the performance of such work,and such laborers, mechanics,sub-contractors,material men and such other person or persons shall,for a period of thirty (30)days after the work shall have been completed,have a lien on such thirty per cent (30%)so ' reserved as aforesaid,which lien shall be senior to all other liens, whether by judgment ,attachment or contract,and no tmprcvement shall be deemed completed until the ~own Council shall have filed With the ~own Clerk a statement signed by a majority of them,declaring the same to have been completed.' During the time allowed in the contract,the engineer in charge shall on or about the last day of each month,issue an estimate,of the amount of work eomp Le t ed during the morrth by the contractor at his request in writing,but,shall,after the date set for completion of the contract,furnish no estimate other than the final estimate issued after the completion of the work.Said final estimate issued by the engineer in charge shall include in a~dition to a statement of the amount of money due the contractor,a statement of the amount of money,if any,expended by him or the .rown for abstracts,advertis- ing and engineering prdlor to the date set for the completion of the ,contract.All engineering expense incurred after the time fixed,in the contract for its completion shallbe borne by the contractor,as a penalty for failure to Gomplete the work within the specified time. fhe Town Clerk shall on or about the 15th day of the month fol- lOWing the issuance of the estimate by the engineer in charge or other person,officer or committee designated for that purpose,de- liver to the contractor money or warrants in an amount equal to seventy per cent of such estimate;in case warrants are issued, they shall be -dz-awn against the local improvement district fund under which the work is being done and shall bear interest at a rate not to exceed eight per cent {S%)perannurnfrom date to the time '---------'-'-,---c--------._-,-----------;~ \ . -~~~--~~~---~~..-.-- 189 ORDINANCE No.175.(Cont'd). fixed in the proposal and contract for the completion of the im- provement,plus ninety(90)days additional allowed fOT the ap- provalof the assessment roll and the issuance of bonds,beyond which time the'Eown shall not allow interest.15ach such warrant s,hallhave plainly endorsed upon its face the date upon which i~terest thereon ceases.Such warrants shall be redeemed in cash in the order of priorityso far as payments made into thelocal im... provement district shall permit.If the mode of payment be "Payment by Bonds"the principal amount of warrants not redeemed in cash shall be redeemed in order of'their priority in local im- provement district bonds,issued in accordance with the'provisions of'the ordinances of the 'i'own of'Marysville and the laws of the State of Washington;the unpaid interest,if any,on such war- rants<shall be redeemed by the issuance of a non-interest bear- ingwarrant payable from the first moneys in such fund.If the mode of payment be "Immedia~e Payment tt ,any warrants not redeemed in cash-within ninety (90)days after the completion of the con- tract shall be redeemed by the issuance of a warrant or warrants for the principal amount drawn on the local improvement district fund<bearing interest at the rate of eight per cent (8%)per annum from date of issuance until redeemed,and the unpaid in- terest,if any on such warrants shall be redeemed by the issu- ance of a non-interest bearing warrant payable from the first .moneys in such fund. The estimates shall be filed with the Town Clerk and he shall certify said estimates,together with any accrued interest on war- rants issued to the contractor,as hereinbefore provided,to the , Town Council.the thirty per cent (30)%required to be held as a reserve as hereinbefore provided for a period of thirty days after final completion of the improvement shall at the expiration o~such period be paid to the contractor in warrants,so far as .tihe same shall be free from liens,which warrants shall draw in- ·terestfrom the date of telease to a date ninety (90)days after the time fixed in the proposal and contract for the completion of the improvement.In lieu of warrants issued as aforesaid,there may be issued to the contractor at the option of the town,if so provided in the proposal and contract for said improvement,cer- tificates of estimate and assignment forms,certified as here~n directed showing the amount of work completed as shown by such estimates and for which no previous certificate has been issued. In the evant that the town elects to sell the bonds for the improvement,the amount due the contractor shall bear interest at the bond rate from the.date of release until paid. SECTION 22.CONTRACTS;'1'0 LOw-EST BIDDERS;NO'rICE;CHECK WITH BIrD: The Town Council may provide that all the work to be done in any local improvement district shall be let in one contract,or at its pptionr,t may provide that the work in any local improvement district be sUb-divided,and separate and distinct contracts be let for each subdivision thereof.All public improvements to be made by contract shall be let to the lowest responsible bidder therefor.Defore a ... warding any such con'tr-ao.t or con ta-ac t sj :the '1.'own Council shall cause to,be published in the official newspaper of the :fown a notice for two (2)consecutive week1.y issues before the letting of such con- tract cr.contracts inviting sealed proposals for such work,the plans and specifications whereof must at the time of the publication of such notice,be on file in the offi ce ofthe'J.'own Clerk,subject to pub- lic inspection,.Such notice shall state generally the work to be done and shall call for proposals for doing the same to be sealed and filed with the TOwn Clerk,on or before the day and hour named therein.All bids shall be accompanied by a certified check,pay- able to the order of the ',toWn Clerk,for a sum not less'than five per.cent (5%)of the amount of the bid,and no bid shall be con- sideredunless accompanied by such check.11',in the jUdgment of the ..'1'own Council,the work should be done by the~own by day work and under its supervision,it is hereby empowered to proceed with the work,irrespective of all such bids,and in such case all bids shall be rejected. 190 SECTION 23.OPENING BIDS:ACCEPTANCE AND REJECTIONS: LETTING CONTRACTS:RETURN Of CHEQKS:EOREFITURE:NO REMISSION:At the time and place named such,bids shall be pub Li oLy opened and read.rw bids shall be rejected for informality,but shall be received.if it can be understood what is meant thereby.'ihe Town Council shall proceed to determine the lowest,r$onsible bidder and may let such contract to such bidder,or if,in its opinion,allabids are too high,it may reject all of them and re-adverj;lse in theirdiscre- tion,or if in the jUdgl)lent of the co unc t L such work can be.performed or supplies or materials furnishe.d by the city independent of con- tract,cheaper than under the lowest bid submitted,it may cause such work to be performed or supplies or materials to be furnished independent of contract,and may purchase 'the necessary materials". and proceed to do the work under its own supervision by "day worktl;i'. 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 .that case all checks shall be returned to the bidders,except that of the suc- cessful bidde.r which shall be retained until.the contract be en- tered t nto f.ormaking such improvement between the bidder and the town in accordance with such bid,and the duly approved and accepted bond therefor,be filed in the office of the iown vlerk.If said bidder shall fail to enter into such contract,in accordance with his bid,within ten (10)days from the date on which he is notified that he is the successful bidder,the Town Clerk shall stamp across the face of the certified check,"Forfeited to the i'own of Marys- ville;. (Town Clerk) and shall de+iversaid check to the TOwn Treasurer to be deposited in the Town treasury to the credit of the "Local Lmprovement fund", and the Town Council shall re-advertise for proposals for such work at their discretion or may proGeed as hereinbefore authorized to purchase the materials and to do the work under its own supervisions by"daY,w.ork".Neither the 10wn Council nor any officer therof shall have power to remit such forfeiture. ::;ECTION 24,.(As amended by Sec.i,Qrd.NO.186)AMOUNT OF CQNTRACT'S BOND:Before any contract for the making of any im~ provement .shaLl,be binding against the iown,the contractor shall enter into a !bond with the i'own in a penal'sum of not .Less than the full contrac1;price for said improvement,oonditioned as prOVided by law. SECTION 25..ASSESSMEN'l'ROLL:AMONNT OF:HOW ASCER'l'AINEI):In case the i,mprovement is constructed directly by the town by the em- ployment o'f,day labor,the a s se.s smerrb roll may be made ei therbe_ fore.or after t11e completion of the improvement;if.made before the improvement is completed,said roll shall be based upon the esti- mated cost ,of such improvement,made as in this ordinance provided. If upon the completion of the improvement,i.t is found that the actural cost thereof has exceeded the amount assessed therefor,a 13i!llpplemel1tal assessment roll based upon the amount of such excess shall be prepared in the same manner as the original rolL If the assessment is made after the improvement is completed,it shall be ..based upon the actural cost .of the improvement •In case such im- provement is made by c.ontract 'upon compet i t tve bids,the basiso;f' such assessment Shall be the contract price of said imprGvement, inclUding the fixed estimate. SECTION 26.WARRAIilTS:HOW ISSUED WHERE.WORK IS PERFORMED BY DAY LABOR:Whenever any l.ocal improvement is made in whole or in part directly by the.town,by day labor,the 'l'owh Council may pro- vide for the issuance of local improvement warrants upon the local improvement fund created by the ordinance ordering the impro.yement in payment of the cost ofs~ch improvement.Said warrants shall (',. .I . I, ~~~~~_..,..~"~.~~---- 191 ORD!NANCE No.175.(Cont'd) bear interest at a rate not to exceed eight perpent per annum from the date of issuance,and shall be payable only out of the said local improvement fund when the assessments are paid or the local improvement bonds sold.The cost of such improvement shall be paid for in the first instance from such fund as the ~own Council in the ordinance ordering the improvement shall direct,such fund to be re-imbursed from the.local improvement fund when the ass- essments are paid or the local improvement bonds sold. SECTION 27.NOTICE OF INSTALLMENT:V~enever any installment of an assessment payable by the mode of "Payment by Bonds"shall become due and payable the Town Treasurer shall publish a notice thereof in the official newspaper for four (4)successive weekly publications,the date or the first publication of which shall be at least thirty (30)days prior to the date of the delinquency of such installment.Such notice shall be practically the same form as the notice that "the assessment roll is in the '!'own Treasurer's hands for collection.In all cases of assessments or installments thereof becoming due and payable,the Town Treasurer shall mail a notice thereof to the owner of the property assessed when the post office address of the owner is known,but failure to mail the same shall not be fatal when a notice is published as re- quired by this section. SECTION 28.SUB-DIS'rRICTS AUTHORIZED:Vfuenever the Town Council shall provide for the construction of a trunk sewer or trunk water- main,it may divide the territory to be served thereby into sub- districts;the construction of such improvements may be made under separate contracts for such sub-districts thereof,the ~own 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-district shall be set forth in said or- dinance providing for such improvement,and when it is proposed to pay any portion of the cost of such improvement from the general fund such ordinances shall specify approximately the amount to be apportioned to each sub-district. i i SECTION 29.Repealed by Ordinance No.220. SECTION 30.TOWN'S.CONTRIBUTION TO BE SPECIFIED IN'ORDn~ANCE: It'very ordinance ordering any improvement herein provided for,shall declare what,if any,portion or proportionate amount of such cost and expense shall be borne by the ~own of Marysville out of any of its general funds,and Shall direct that the remainder of such cost and expense be assesseaagainst the property withingsaid district in the manner prOVided by law. ~TION 31.ITEMS OF COST:In making an estimate of the cost and expense of any improvement,as provided in this ordinance, the ~own Council shall include therein the estimated cost and X expense of the engineering and surveying necessary for said im_ provement,to be done by and under the direction of an engineer and the cost of ascertaining the ownership of the lots and parcels of land included in the assessment district,and the cost of ad- vertising,mailing and pUblishing of notices required to be ad_ vertised,published or mailed,also shall add as a.charge against each description of property appearing on the assessment rOll,the following sums,to-wit: In case of "Iinmediate Payment"assessment,the sum of forty cents (40¢)per description;in case of assessment payable in f.ive annual installments the sum of One Dollar (1.00)per description;'!\. in case of assessment payable'in ten annual installments,the sum /' of One and 75/100 Dollars ($1.75)per description,which sum in a particular case will be the charge for the cost of the accounting, clerical labor,books and blanks incurred by the Town Clerk and the Town Treasurer,in connection with.such assessment. ~----_.. 192 ------.-.-----------I SECTION 32.ORDINANCES REPEAI.]!~D:All ordinances and parts of ordinances in.conflict herewith are her~by repealed. SECTION 3.3. ..be in force if approved provided by IN EFFECT:.ThisoI'dinance shall take.effect and from and after its.passage,approval and publication by the l\layor;otherwise it shall take effe.ct as law. PASSED on the 28th day of April,1913 Approved on the 28th day of April,1913 E.$.Colvin 'Mayor . A'rTEST: C.M.Schumacher Town Clerk Published on the 2nd day of May,1913 1-'';'