HomeMy WebLinkAboutO-0818 - Local improvements, special assessments and bonds (3.60)•I J
ORDINANCE NO ~
AN ORDINANCE OF THE CITY OF MARYSVILLE
RELATING TO LOCAU IMPROVEMENTS AND SPECIAL
ASSESSMENTS,PROVIDING THE MANNER OF MAKING
SUCH ASSESSMENTS AND PROVIDING FOR THE
ISSUANCE OF LOCAL IMPROVEMENT BONDS
THE CITY COUNCIL of the C1ty of Marysv1lle,Wash1ngton,
DO ORDAIN AS FOLLOWS
Sect10n I Whenever the C1ty Counc11 of the C1ty of
Marysv1lle shall prov1de for mak1ng local 1mprovements and for
paY1ng the whole or any port1on of the cost and expense thereof
by levy1ng and collectlng spec1al assessments on property espec1ally
benef1ted,the proceed1ngs therefor shall be 1n accordance w1th the
prov1s1ons of an Act of the leg1slature of the State of Washlngton
ent1tled,"An Act Relat1ng to Local Improvements 1n C1t1es and Towns
and Repeal1ng Certa1n Acts and Parts of Acts,"approved March 17,
1911,and Acts amendatory thereof (be1ng Chapters 35 43,35 44,35 45,
35 49,35 50 and 35 53,RCW),and the prov1s1ons of th1S Ord1nance
and ord1nances amendatory thereof.
Sect10n 2 Any such 1mprovement may be 1n1t1ated e1ther
upon pet1tion or by resolut1on therefor,but such 1mprovement may
be ordered only by ord1nance
In case the 1mprovement 1S 1n1t1ated by pet1t10n,such
pet1t1on shall be presented to and f1led w~th the C1ty Clerk,or
such other off1cer as may be designated by the C1ty Counc11,and
sa1d pet1t10ners shall have agreed to bear all costs and expenses
1ncurred by the C1ty (1nclud1ng but not 11m1ted to eng1neer1ng costs,
attorneys'fees,and costs of publ1cat1Qn and ma111ng of not1ces)
1n the event sa1d d1str1ct 1S not formed for any reason
Such pet1t1on shall flrst be presented to the Counc11,
wh1ch may order the C1ty Adm1n1strator or other C1ty off1c1a1 to
exam1ne such pet1t1on,determ1ne the suff1clency thereof and ascerta1n
1f the facts there1n stated are true and shall cause an est1mate of
the cost and expense of such 1mprovement to be made and shall trans-
m1t the same to the C1ty counc1l,together w1th,al1 papers and 1n-
format1on 1n h1S possess1on regard1ng the same,together w1th hlS
recommendat1on thereon and a descr1pt1on of the boundar1es of the
d1str1ct and a statement of the proport1onate amount of the cost
and expense of such 1mprovement Wh1Ch shall be borne by property
w1th1n the proposed assessment d1str1ct,and a statement of the
actual va1uat1on of the real estate,~nc1ud1ng 25 per cent of the
actual va1uat1on of the 1mprovements 1n such proposed d1strlct
!J
I,
accord1ng to the valuat10n last placed upon 1t for purposes of
general taxat10n,together w1th all other outstand1ng and unpa1d
local 1mp~ovement assessments aga1nst the property 1ncluded 1n the
d1str1ct,exclud1ng penalt1es and 1nterest,and 1n case the sa1d
pet1t1on 1S suff1c1ent,shall also subm1t a d1agram show1ng thereon
the lots,tracts or parcels of land and other property wh1ch w1ll
be espec1ally benef1ted thereby and the est1mated amount of the cost
and expense of such 1mprovement to be borne by each lot,tract or
parcel of property,PROVIDED,that no such d1agram shall be requ1red
where such est1mates are on f1le 1n the off1ce of the C1ty Eng1neer
or other des1gnated C1ty off1ce,together w1th a deta1led copy of
the pre11m1nary assessment roll and the plans and assessment maps
of the proposed 1mpTovement.
If the prel1m1nary des1re of the C1ty Counc11 1S to accept
the sa1d pet1t10n,the Counc1l shall set a hear1ng by Resolut10n
sett1ng the date,declar1ng 1tS 1ntent10n to accept the pet1tion and
to order such 1mprovement,sett1ng forth the nature and terr1tor1al
extent thereof,not1fy1ng all persons who may des1re to obJect thereto
to appear and present such obJect1ons at a meet1ng of the counc11 at
the t1me spec1f1ed 1n such Resolut10n,and further not1fy1ng all
persons who are espec1ally benef1ted of the prel1m1nary assessments
as here1nafter prov1ded.Th1s Resolut1on shall be pub11shed 1n at
least two consecut1ve 1ssues of the off1c1al newspaper of the C1ty,
or 1f there 1S no off1c1al newspaper,a newspaper of general c1Icula-
t10n w1th1n the C1ty,and the date of hear1ng thereon shall be at
least IS days after the date of f1rst pub11cat1on of the Resolut10n
The C1ty Adm1n1strator or such other off1cer shall subm1t to the
C1ty Counc1l at or pr10r to the date f1xed for such hear1ng all the
necessary relevant 1nformat1on
Not1ce of the hear1ng upon sa1d resolut1on shall be g1ven
by ma1l at least 15 days pr10r to the date f1xed for the hear1ng to
the owners or reputed owners of all lots,tracts and parcels of land
or other property to be espec1ally benef1ted by the proposed 1mprove-
ment,as shown on the rolls of the county treasurer,d1rected to the
addresses thereon shown.The not1ce shall set forth the nature of
the proposed 1mprovement,the est1mated cost,and the est1mated
benef1t to the part1cular lot,tract or parcel.
The C1ty Counc1l may 1n1t1ate such 1mprovement d1rectly
by resolut10n declar1ng 1tS 1ntent1on to order such 1mprovement and
sett1ng forth the nature and terr1tor1al extent thereof and not1fy-
1ng all persons who may des1re to obJect thereto to appear and
present such obJect10ns at a meet1ng of the C1ty Counc11,or a com-
m1ttee thereof,at the t1me spec1f1ed 1n such resolut1on.Such
resolut1on shall be publ1shed 1n at least two consecut1ve 1ssues of
the off1c1al newspaper of the C1ty,or,1f there 1S no off1c1al
newspaper,1n a newspaper of general c1rculat1on w1th1n the C1ty,
and the date of hear1ng thereon shall be at least IS days after the
date of the1f~rst pub11cat10n of the resolut1on.The C1ty Adm1n1s-
trator shall subm1t to the C1ty Counc1l,at or pr10r to the date
"I
f1xed for such hear1ng,the same data and 1nformat1on requ1red to be
subm1tted 1n the case of a pet1t10n
Not1ce of the hear1ng upon such Resolut10n shall be g1ven
by ma1l at least 15 days before the day f1xed for hear1ng to the
owners or reputed owners of all lots,tracts,and parcels of land
or other property to be spec1ally benef1ted by the proposed 1mprove-
ment,as shown on the rolls of the county treasurer,d1rected to the
address thereon shown The not1ce shall set forth the nature of
the proposed 1mprovement,the est~mated costs,and the est1mated
benef1ts of the part1cular lot,tract,or parcel
After a hear1ng on the Pet1t10n,the C1ty Counc1l may,by
ord1nance,author1ze the mak1ng of any such 1mprovement,and 1n case
of an 1mprovement 1n1t1ated by resolut1on of the C1ty Counc1l,such
ord1nance may be passed on at any time after the date of the hear1ng
spec1f1ed 1n the resolut1on
Sect10n 3 Every ord1nance order1ng a local 1mprovement
to be pa1d in whole or 1n part by assessments aga1nst the property
spec1ally benef1ted shall establ1sh a local 1mprovement d1str1ct
to be known as "Local Improvement D1s t r i c t No ,"whi ch shall
embrace as nearly as pract1cable all the property spec1ally benef1ted
by the 1mprovement
Unless otherw1se prov1ded 1n the ord1nance order1ng the
1mprovement,the 1mprovement d1str1ct shall 1nclude all the property
between the term1n1 of the 1mprovement abutt1ng upon,adJacent,
v1c1nal,or prox1mate to the street,avenue,lane,alley,boulevard,
park dr1ve,parkway,publ1c place or square proposed to be 1mproved
to a d1stance of 90 feet back from the marg1nal l1nes thereof or to
the center 11ne of the blocks fac1ng or abutt1ng thereon,wh1chever
1S greater (1n the case of unplatted property,the d1~tance back
shall be the same as 1n the platted property 1mmed1ately adJacent
thereto),PROVIDED,that 1f the local 1mprovement 1S suth that the
spec1al benef1ts result1ng therefrom extend beyond the boundar1es as
above set forth,the Counc11 may create an enlarged d1str1ct to
1nclude as nearly as pract1cable all the property to be spec1ally
benef1ted by the 1mprovement,the pet1t1on or resolut1on for an
enlarged d1str1ct and all proceed1ngs pursuant thereto shall conform
as nearly as 15 pract1cable to the prov1s1ons relat1ng to local
1mprovement d1str1cts generally,except that the pet1t1on or resolu-
t10n must descr1be 1t as an enlarged d1str1ct and state what propor-
t10n of the amount to be charged to the property spec1ally benef1ted
shall be charged to the property ly1ng between the term1n1 of the
proposed 1mprovement and extend1ng back from the marg1nal l1nes
thereof,to the m1ddle of the block (or 90 feet back)on each s1de
thereof,and what proport1on thereof to the rema1nder of the enlarged
d1str1ct,PROVIDED FURTHER,that whenever the nature of the 1mprove-
ment 15 such that the spec1al benef1ts conferred on the property
are not fa1rly reflected by the use of the aforesa1d term1n1 and
zone method,the ord1nance order1ng the 1mprovement may prov1de that
the assessment shall be made aga1nst the property of the d1str1ct 1n
accordance w1th the spec1al benef1ts 1t w111 der1ve from the 1mprove-
ment w1thout regard to the zone and termlnl method.
Sectlon 4 All local lmprovements,funds for the maklng
of Wh1Ch are derlved In whole or 1n part from assessments upon
property speclally beneflted,shall be made elther by the C1ty
ltself,or by contract upon competltlve blds In the manner provlded
by law The City Councll shall determlne whether such local 1mprove-
ment shall be done by contract or the Clty itself.
Sectlon 5 In the event the costs recelved from the com-
petltlve bid or from the estlmate of the Clty 1S 20%or greater of
the total aggregate of the prellm1nary assessment roll,then the
Councll shall hold another hearlng as hereinafter prov1ded prlor to
lettlng of the contract or authorlzlng the work The Councll shall
glve 10-day notlce to the owners or reputed owners prevl0usly notlfled
as above prov1ded Sald notlce shall be by mall speclfYlng the date
of the hearlng and notlfylng all persons deslrous of obJectlng thereto
to appear and present such Ob]ect1ons at a meetlng of the Clty Councll
at a speclfled tlme,and further,such notlce shall set forth the new
est1mated costs and the estlmated beneflts to the part1cular lot,
tract or parcel,and shall state that the purposes of the hearlng are
(1)whether to contlnue wlth the local lmprove~ent dlstrlct or abandon
and dlssolve the same,and (2)lf so,the amendment of the prellmlnary
assessment roll.Also,sald notlce shall provlde that all Ob]ectlons
thereto shall be In wr1t1ng and flIed wlth the C1ty Clerk prlor to the
hearlng,or w1th the Councl1 at the tlme of the hearlng,show1ng the
percentage of llneal footage upon the lmprovement and the area wlthln
the proposed dlstrlct
Also,a not1ce shall be publ1shed 1n the off1c1al newspaper
of the C1ty of,1f there lS no offlclal newspaper,In a newspaper of
general clrculatlon wlthln the Clty,WhlCh not1ce shall state that
the blds and/or est1mates for the local 1mprovement dlstr1ct,nam1ng
the d1strlct,are 20%or greater than the aggregate of the or1glnal
prellmlnary assessment,that a hero1ng wlll be held at a speclf1ed
tlme for the purposes of (1)determlnlng whether to contlnue wlth the
local lmprovement or abandon and dlssolve the same,and (2)lf contlnued,
the amendment of the prellmlnary assessment roll,notlfylng all persons
who may deslre to obJect thereto to appear and present such Ob]ectlons
at a meetlng of the council at the tlme speclfled,and the Ob]ectlons
thereto shall be made In wrltlng speclfylng the percentage of 11neal
footage upon the lmprovement and of the area wlthln the lmprovement
If SlXty per cent or more of the 11neal footage upon the
lmprovement of the armwlthln the proposed dlstrlct are agalnst the
contlnuatlon of the lmprovement,the Councll shall dlssolve the lmprove-
ment dlstrlct and not authorlze the lmprovement.
Any amendment to the prellm1nary assessment roll shall be
by resolutlon or such other form as deslred by the Councl1
Sectlon 6 The cost and expense of any such lmprovement,
or such portion thereof as the C1ty Counc11 may determlne to be
assessed,shall be dlstrlbuted and assessed agalnst all the property
lncluded In such local lmprovement dlstrlct,In accordance w1th the
,,
"
the speclal beneflts conferred thereon,and in the manner provlded
by law
Sectlon 7 The Clty Councll may provlde by ordinance for
the payment of the whole or any portlon of the cost and expense of
any local lmprovement by bonds of the improvement distrlct,but no
bonds shall be issued in excess of the cost and expense of the
lmprovement,nor shall they be lssued prlor to twenty days after
the thlrty days allowed for the payment of assessments wlthout
penalty or lnterest.
Sectlon 8 Local lmprovement 'bonds may be lssued to the
contractor or sold by the offlcers authorlzed by the ordlnance
dlrectlng thelr lssue to do so,ln the manner prescrlbed thereln,
and at no less than par and accrued lnterest Any portlon of the
bonds of any lssue remalnlng unsold may be -lssued to the contractor
constructlng the lmprovement ln payment thereof
The proceeds of all sales of bonds shall be applled ln
payment of the cost and expense of the lmprovement
Sectlon 9 The Clty Councl1 may provlde ~y ordlnance
for the lssuance of warrants ln payment of the cos~.and expense of
any local lmprovement dlstrlct fund The warrants shall bear
lnterest at the rate of not to exceed eight per cent pe annum and
shall be reduced elther ln cash or by local improvement bonds for
the same lmprovement authorlzed by ordlnance
All warrants agalnst any local lmprovement fund sold by
the Clty or lssued to a contractor and by hlm sold or hypothecated
for a valuable conslderatl0n shall be clalms and 11ens agalnst the
lmprovement fund agalnst WhlCh they are drawn prlor and superl0r to
any rlght,11en,or clalm of any surety upon the'bond or bonds glven
the Clty by or for the contractor to secure the performance of hiS
contract or to secure the payment of persons who have performed work
thereon,furnlshed materlals therefor,or provlslons and supplles
for the carrYlng on of the work
Sectl0n 10 All assessments for local improvements shall
be collected by the Clty Treasurer and shall be kept ln a separate
fund to be known as "Local Improvement Fund,Distrlct No "
and shall be used for no other purpose than the redemptlon of warrants
drawn upon the bonds lssued agalnst the fund to provlde payment for
the cost and expense of the lmprovement
As soon as the assessment roll has been placed ln the hands
of the City Treasurer for collection,he ~hall publlSh a notlce in
the offlClal newspaper of the City for ten consecutive dally or two
consecutlve weekly lssues,or lf there lS no offlclal newspaper,ln
a newspaper of general clrculatl0n wlthln the Clty,that the roll lS
ln hlS hands for collectlon and that any assessment may be pald
wlthln 30 days from the date of the flrst publlcatl0n of the notlce
without penalty,lnterest or costs
Sect~on 11 In all cases where bonds are Issued to pay
the cost and expense of a local Improvement,the ord~nance levy~ng
the assessments shall prov~de that the sum charged aga~nst any lot,
tract,and parcel of land or other property,or any port~on thereof,
may be pa~d durIng the 30-day per~od allowed for the payment of
assessments WIthout penalty or ~nterest and that thereafter the sum
rema~n~ng unpa~d may be pa~d ~n equal annual ~nstallments.The
number of ~nstallments shall be less by two than the number of years
wh~ch the bonds ~ssued to pay for the ~mprovement are to run.Interest
on the whole amount unpa~d at the rate f~xed by the ord~nance shall
be due on teh due date of the f~rst ~nstallment of pr~nc~pal and
each year thereafter on the due date of each ~nstallment of pr~nc~pal
The f~rst ~nstallment shall become due and payable dur~ng the 30-day
per~od succeed~ng the date one year after the date of f~rst publ~ca
t~on of the not~ce by the C~ty Treasurer as prov~ded ~n Sect~on 10,
and annually thereafter each succeed~ng ~nstallment shall become due
and payable ~n l~ke manner If the whole or any port~on of any
assessment rema~n unpa~d after the f~rst 30-day per~od here~n pro-
v~ded for,~nterest upon the whole unpa~d sum shall be charged at
the rate to be f~xed by ord~nance not exceed~ng e~ght per cent per
annum,and each year thereafter one of sa~d ~nstallments,together
w~th ~nterest due upon the whole of the unpa~d balance,shall be
collected Any ~nstallment not pa~d pr~or to the exp~rat~on of the
30-day per~od dur~ng wh~ch such ~nstallment 1S due and payable shall
thereupon become del~nquent All del~nquent ~nstallments shall be
subJect to a charge for ~nterest at the bond rate and to an add~t~onal
charge of a f~ve per cent penalty lev~ed upon both pr~nc~pal and
~nterest due on each ~nstallment or ~nstallments
Sect~on 12 In case sa~d ~mprovement ~s made on the bond
~nstallment plan,the C~ty Treasurer shall,at the exp~rat~on of
30 days after the f~rst publ~cat~on of the not~ce to pay assessment,
report to the C~ty Counc~l the amount collected by h~m upon the
sa~d roll and shall spec~fy ~n sa~d report the amount rema~nlng
unpa~d upon sa~d roll,and the C~ty Counc~l may then,or at a sub-
sequent meetlng,by ordlnance,dlrect the Mayor and the Clty Clerk
to ~ssue the bonds on the local lmprovement dlstrlct establIshed
by the ord~nance order~ng the ~mprovement ~n an amount equal to the
amount rema~n~ng unpa~d on sa~d assessment SaId ordInance shall
speclfy the denom~natlon of the bonds wh~ch,except for bond numbered
"one"shall be ~n multlples of one hundred ($100 00)dollars each
Sect~on 13 All bonds,unless otherw~se specIally ordered
by the Council,issued In pursuance of the prOVISIons of th~s
ordInance,may be ~n substantIally the follOWIng form
No
UNITED STATES OF AMERICA
STATE OF WASHINGTON
LOCAL IMPROVEMENT BOND
CITY OF MARYSVILLE
LOCAL IMPROVEMENT DISTRICT NO
$----
N B Th1S bond 1S 1ssued by vlrtue of the pro-
V1S10ns of RCW 35 45 010 et ~.,§35 45 070 of
Wh1Ch reads as follows
"Nelther the holder nor the owner of any bond
or warrant 1ssued under the prov1s10ns of th1S
act shall have any cla1m therefor aga1nst the C1ty
or town by Wh1Ch the same 1S 1ssued,except for
payment from the spec1al assessments made for the
1mprovement for WhlCh sa1d bond or warrant was 1S-
sued,and except as agalnst the local 1mprovement
guaranty fund of such C1ty or town,and the Clty
or town shall not be l~able to any holder or owner
of such bond or warrant for any loss to the guaranty
fund occurr1ng 1n the lawful operat10n thereof by the
C1ty or town The remedy of the holder or owner of
a bond or warrant ln case of nonpayment,shall be con-
f1ned to the enforcement of the assessment and to the
buaranty fund "
The Clty of Marysv1lle,a mun1c1pal corporat10n of
the State of Wash1ngton,hereby prom1ses to pay to
or bearer---------=D-o-:;"l"""l-a-r-s-(""'$.......--"<"")-,----ri-n---:;l-a-w""""f""u--:l;--m-on ey
of the United States,wlth interest thereon at the
rate of per cent per annum,payable annually
out of the fund establ1shed by Ord1nance No
of sald C1ty,and known as "Local Improvement Fund,
D1str1ct No ,"and not otherw1se,except from
the guaranty fund,as here1n prov1ded Both pr1nc1pal
of and 1nterest on th1S bond are payable at the off1ce
of the C1ty~Treasurer of sa1d C1ty
A coupon 1S hereto attached for each lnstallment of
1nterest to accrue hereon and sa1d lnterest shall be
pa1d only on presentat10n and surrender of such coupon
to the C1ty Treasurer
ThlS bond IS payable on the day of
,19 ,but IS subject to call by the=c~i~t-y~T~r-e-a-s-urer-or-saldCtlY whenever there shall
be suffIclent money In sald Local Improvement Fund to
pay the same and all unpald bonds of the serles of
WhlCh thl bond IS one,whlch are prl0r to thlS bond
In numerlcal order,over and above sufflclent for the
payment of Interest on all unpald'bonds of sald serles.
The call for payment of thlS bond,or of any bond of
the serles of whlch thlS IS one,shall be made by the
Clty Treasurer by publlshlng the same once In the
offlclal newspaper,or,wf there IS nor offlclal news-
paper,ln a newspaper of general clrculatlon wlthln
the Clty,and when such call 15 made for the payment
of thlS bond It wlll be pald on the day the next In-
terest coupon thereon shall become due after saId call
and upon sald day Interest upon thlS bond shall cease
and any remalnlng coupons shall be vOld
The Clty Councll of sald Clty as the agent of sald
Local Improvement Dlstrlct No ,establlshed by
Ordlnance No ,has caused this bond to be IS-
sued In the name of sald Clty as the bond of sald Lo-
cal Improvement Dlstrlct,the bond or the proceeds
thereof to be applled In part payment of so much of
the cost and expense of the Improvement of
,under said
"'O-r-..,ar'1-n-a-n-c-e-"N-o------,-a-s-i.....s-11-e-v=-'"i-e----a and as se sse d a-
galnst the property included In sald Local Improvement
Dlstr1ct No and benef1ted by saId 1mprovement
and the sa1d Local Improvement Fund has been establlshed
by ordlnance for sald purpose,and the holder or holders
of thlS bond shall look only to sald fund and to the
Local Improvement Guaranty Fund of the Clty of Marysvllle
for the payment of elther the prlnc1pal of or 1nterest
on th1S bond
ThlS bond 1S one of a serles of bonds aggrega-
tIng In all the prlnc1pal sum of
Dollars ($),all of whlch
rb-o-n~d~s--a-r-e--s-u'b~J-e--ct to the same terms and condltlons as
hereln expressed
IN WITNESS WHEREOF,the CIty of Marysvllle has caused
these presents to be sIgned by 1tS Mayor and attested
by 1tS CIty Clerk and sealed wlth lts-corporate seal
th i s day of , 19 _
MAYOR
CIIY OF MARYSVILLE,WASHINGTON
By__--..........~;---------_-ATTEST
CITY CLERK
There shall be attached to each bond such a number of
coupons as shall be requlred to represent the lnterest thereon
payable elther annually or semlannually,as the case may be,for
the term of sald bonds,WhlCh coupons shall belsubstantlally ln
the followlng form '
On the day of ,19 ,
the CITY OF MARYSVILLE,STATE OF WASHINGTON,promISes
to pay to the bearer at the offlce of the Clty Treas-
urer Dollars
($),being (six)(twelve)months lnterest
due that day on Bond No of the bonds of Local
Improvement Dlstrlct No ,and not otherwlse,
provlded that thlS coupon is subJect to all the terms
and condltl0ns contalned ln the bond to WhlCh lt lS
annexed,and lf sald bond shall be called for pay-
ments before maturlty hereof,then thlS coupon shall
be vOld
MAYOR
ATTEST
CITY CLERK
The Clty Treasurer shall keep ln hlS offlce a reglster
of all such bonds ln whlch he shall enter the local lmprovement
dlstrlct for whlch the same are lssued and the date,amount and
number of each bond and the terms of payment.
Sectl0n 14 Effectlve Date Thls ordlnance shall take
effect £lve'days following the date of 1 ts pub Li.ca t i on r.n the
offlclal newspaper of the Clty
PASSED bY.:
meetlng on the f
the Clty Counc~l of Marysvl11e at a regular
day 0f Jl<0?y ,1974
(/
CITY OF MARYSVILLE,WASHINGTON
By '~YO~
ATTEST
c{WmL~
CIty At torneV