Chapter 3.28
ASSESSMENT PROCEDURES1

Sections:

3.28.010    Compliance with laws required.

3.28.020    Ordinance – Passage.

3.28.030    Contract required.

3.28.040    Modes of payment.

3.28.050    Assessment roll – Hearing.

3.28.060    Payment by bonds.

3.28.070    Payment by installments.

3.28.080    Bonds – Form.

3.28.090    Publication of notice of payment due.

3.28.100    Special funds.

3.28.110    Record of bonds issued.

3.28.120    Liens – Enforcement.

3.28.130    Delinquencies – Payment prior to foreclosure – Foreclosure proceedings.

3.28.140    Payment of outstanding warrants.

3.28.150    Contract required – Bids.

3.28.160    Public reading of bids.

3.28.170    Retention of percentage of amount due on contract.

3.28.180    Engineer – Costs and expenses estimated.

3.28.190    Immediate payment – Delinquencies.

3.28.200    Delinquencies – Foreclosure.

3.28.010 Compliance with laws required.

Whenever the council shall provided for making local improvements and for paying the whole or any portion of the cost and expense thereof by levying and collecting special assessments on property specially benefitted, 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 Local Improvements in cities and towns and repealing certain acts and parts of acts, approved March 17, 1911,” the charter of the city of Chelan and the provisions of this chapter and acts and ordinances amendatory thereof. (Ord. 92 § 1, 1922).

3.28.020 Ordinance – Passage.

No ordinance relating to local improvements shall be considered passed unless the same shall have received the affirmative vote of at least a majority of the members of the council; provided, that unless a petition for any improvement be presented, such improvement shall not be ordered except by ordinance passed by affirmative vote of two-thirds of all members of the council at a regular meeting, or at a meeting which is an adjourned regular meeting. (Ord. 92 § 2, 1922).

3.28.030 Contract required.

All such local improvements shall be done by contract, or by the city itself, as the council may determine, if by contract the same shall be let to the lowest responsible bidder, upon competitive bids. (Ord. 92 § 3, 192).

3.28.040 Modes of payment.

There shall be two modes of making payment for such portion of the cost and expense of any improvement provided in this chapter as shall be payable by special assessments, to wit, “Payment by Bonds” and “Immediate Payment.” The mode adopted shall be in accordance with the petition if petitioned for, otherwise as provided in the ordinance ordering such improvement. (Ord. 92 § 4, 1922).

3.28.050 Assessment roll – Hearing.

As soon as the cost of such improvement has been ascertained, the city engineer shall file with the clerk, an assessment roll, which shall contain the description of each lot, tract or parcel of land, or other property to be assessed; the amount to be charged, levied or assessed against the same, and the name of the owner thereof, if known, but in no case shall a mistake in the name of the owner be fatal when the description of the property is correct. At the next regular meeting of the council thereafter, the clerk shall present the roll to the council. Thereupon the council shall fix a time for hearing thereon, and direct the clerk to give notice of such hearing, and the time and place thereof. Such notice shall be published in at least two consecutive issues of the official newspaper of said town, the first notice at least fifteen days prior to date of hearing, and upon said hearing the council shall sit as a board of equalization on said assessment roll. The city engineer shall certify to the council the total charges against the local improvement district, and thereupon the council shall adjust the roll accordingly.

The council shall thereupon adopt an ordinance confirming any assessment roll, and therein shall levy and assess against each lot, tract, parcel of land or other property appearing thereon the amount charged against the same. A duplicate copy of said roll, prepared by the clerk, shall be delivered to the city treasurer, the same shall be delivered by the clerk that it has been duly approved by ordinance, and annually thereafter in case of assessments payable by mode of “Payment by Bonds,” the treasurer shall extend the installments of principal and interest upon the unpaid balance as shown upon said certified copy of said roll. (Ord. 92 § 5, 1922).

3.28.060 Payment by bonds.

When the council shall determine the mode of payment shall be by bonds, the same shall have their terms be made payable on or before a date not to exceed twelve years from and after the date of the issue of such bonds, and shall bear interest not to exceed eight percent per annum, payable annually or semiannually as may be provided by ordinance, and each bond shall have attached thereto interest coupons for each interest payment; such bonds shall be in denominations as shall be provided in the ordinance ordering their issue, and shall be numbered from one upwards, consecutively, and each bond and coupon shall be signed by the mayor and attested by the clerk: Provided that the coupons may in lieu of being so signed have printed thereon a facsimile of the signatures of said officers and each bond shall have the seal of the city affixed thereto, and shall refer to the improvement to pay for which the same shall be issued, and to the ordinance ordering the same, and shall provided that the principal sum therein named, and the interest thereon, shall be payable out of the local improvement fund created for the payment of the cost and expense of such improvement, and not otherwise. (Ord. 92 § 6, 1922).

3.28.070 Payment by installments.

Under the mode of “Payment by Bonds,” the ordinance levying assessments for the payment of the cost and expense of local improvements shall provide that the sum charged against each lot, tract and parcel of land and other property or any portion of such sum may be paid during the thirty day period following the first publication of a notice by the city treasurer that such assessment roll is in his hands for collection, and that thereafter the sum remaining unpaid may be paid in equal annual installments, the number of which installments shall be less by two than the number of years, which the bonds issued to pay for the improvement may run, with interest upon the whole unpaid sum so charged at a rate fixed by said ordinance, and each year thereafter one of such installments together with the interest due thereon and all installments thereafter to become due shall be collected in the same manner as shall be provided by law for the collection of assessments for such improvements in cases where no bonds are issued: Provided, that the lien of any such assessment may be discharged at any time after the said thirty days by paying the entire unpaid portion thereof, with all penalty and cost attaching, together with all interest thereon to date of delinquency of the installment thereof next falling due. The first installments shall become due and payable during the thirty day period succeeding a date one year after the date of first publication of such notice, and annually thereafter 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-day period herein provided for, interest upon the whole unpaid sum shall be charged at the rate fixed by 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 installments not paid prior to the expiration of the thirty-day period during which such installment is due and payable, shall thereupon become delinquent. All delinquent installment shall, until paid, be subject to a charge for interest at the bond rate, and to an additional charge of five percent penalty levied upon both principal and interest on such installment or installments. (Ord. 92 § 7, 1922).

3.28.080 Bonds – Form.

All bonds issued in pursuance of this ordinance shall be in substantially the following form:

“LOCAL IMPROVEMENT BOND. DISTRICT NO. ____, of the city of Chelan, State of Washington.

No. _____

N. B. This bond is issued by virtue of the provisions of an act of the Legislature of the state of Washington, entitled “An Act relating its local improvements in cities and towns and repealing acts and parts of acts approved March 17, 1911,” section 52 of which reads as follows, to wit:

Section 52. “Neither the holder nor the owner of any bond issued under the authority of this act shall have any claim therefor against the city by which the same is issued, except from the special assessment made for the improvement for which bond issued, but his remedy in case of non payment shall be confined to the enforcement of such assessment. A copy of this section shall be plainly written, printed or engraved on each bond so issued.”

“The city of Chelan, a municipal corporation of the State of Washington, hereby promises to pay to ____________ or bearer, ____________ Dollars, lawful money of the United States, with interest thereon at the rate of _____ per cent, per annum, payable out of the fund established by Ordinance No. ____ of said city and known as Local Improvement Fund District No. ____,” and not otherwise, both principal and interest payable at the office of the City Treasurer of said city.

“A coupon is hereto attached for each installment of interest to accrue thereon and said interest shall be paid only on presentation and surrender of such coupons to the City Treasurer, but in case this bond is called for payment before its maturity, each and every coupon representing interest not accrued at the time this bond is payable under such call shall be void. This bond is payable on or before the ____ day of ____, 19___, and is subject to call by the City Treasurer of said City of Chelan, 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 one, which are prior to this bond in numerical order, over and above a sufficient sum for the payment and interest on all unpaid bonds of said series. The City council and said City as agent of said Local Improvement District No. _____ established by Ordinance No. _____ has caused this bond to be issued in the name of said City as the bond of said Local Improvement District, the bond or the proceeds thereof to be applied in part payment of so much of the cost and expense of the improvement of ____________ under Ordinance No. ____ as is levied and assessed against the property included in said local improvement district, and benefitted by said improvement, and the said Local Improvement Fund District No. ____ has been established by ordinance for said purpose and holder or holders of this bond shall look only to said fund for the payment of either the principal or the interest of this bond.

“The call for payment of this bond, or any bond of the series of which this is one, shall be made by the city treasurer by publishing the same in the city official newspaper of said city and when such call is made for 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 said bond shall cease, and any remaining coupons shall be void.

“This bond is one of a series of ____ bonds, aggregating in all the principal sum of ______ Dollars, issued for said local improvement district, all of which bonds are subject to the same terms and conditions as herein expressed.

“In witness whereof the City of Chelan has caused these presents to be signed by its Mayor and attested by its City Clerk, and sealed with the corporate seal of said City, this _____ day of _______, in the year of our Lord One Thousand Nine hundred and ______.

The City of Chelan, Washington

(Seal)     By _______________________

Mayor

Attest:

____________________

City Clerk.”

COUPON

There shall be attached to each bond such number of coupons as shall be required to represent the interest thereon, payable annually, or semiannually, as the case may be, for the term of said bonds, which coupons shall be in substantially the following form:

“The City of Chelan, Washington, Interest Coupon, Number Local Improvement District No. ________

Interest $________.

On the _____ day of ______, the City of Chelan, Washington promises to pay to the bearer at the office of the City Treasurer, _______ Dollars, being _____ interest due that day on Bond No. _______ of the bonds of Local Improvement Fund District No. ______ and not otherwise, provided, that this coupon is subject to all the terms and conditions contained in the bond to which it is attached.

City of Chelan, Washington.

By___________________

Mayor.

Attest:

____________________

City Clerk.”

(Ord. 92 § 8, 1922).

3.28.090 Publication of notice of payment due.

Whenever any installment of an assessment payable under the mode of “Payment by Bonds,” shall become due and payable, the city treasurer shall publish a notice thereof for two consecutive weeks in the official newspaper, the first of which shall be at least thirty days prior to the date of the delinquency of such installment, and he shall also mail a notice thereof to the owner of the property assessed, when his post office address is known, but failure to mail the same shall not be fatal when publication is made. (Ord. 92 § 9, 1922).

3.28.100 Special funds.

The ordinance confirming any assessment roll shall also create a special fund to be called Local Improvement Fund District No. ______ into which shall be covered all sums paid on account of such assessment, including all interest and penalty thereon, and in event of sale of bonds by the city all premiums and accrued interest on bonds issued for such improvement. (Ord. 92 § 10, 1922).

3.28.110 Record of bonds issued.

The city clerk shall keep in his office a record of all such bonds issued. He shall enter therein the local improvement fund district number for which the same are issued, and the date, amount and number of each bond, and the term of payment. (Ord. 92 § 11, 1922).

3.28.120 Liens – Enforcement.

All levies and assessments for the payment of such improvements shall be liens upon the property included in such local improvement districts for the payment thereof and shall be enforced as provided by law. Whenever any such assessments shall become delinquent, such delinquent assessments or installments thereof, shall be certified to the treasurer of Chelan County, and by him entered upon the general tax rolls and collected as other general taxes are collected, together with interest and penalties as are authorized to be charged and collected on other delinquent taxes, and each lot or parcel so delinquent shall be sold for the amount of such assessment, with interest, penalty and costs, at the time when and by the same authority as lots and lands are sold for such taxes. Certificates of delinquency may be issued for any and all delinquent assessments, or installments thereof, and any penalty and interest thereon to date of issuance. Such certificates of delinquency shall constitute a lien against the property assessed and shall bear interest from date of issuance at the rate of twelve percent per annum, and may be foreclosed after two years from the date of their issuance in the same manner and with the same effect as mortgages upon real estate are foreclosed. (Ord. 92 § 12, 1922).

3.28.130 Delinquencies – Payment prior to foreclosure – Foreclosure proceedings.

Upon failure to pay any installment when due, the entire assessment shall become due and payable and the collection thereof enforced in the manner prescribed; provided that payment of such delinquent installment or installments due, together with interest, penalty and costs at any time before entry of judgment in foreclosure, as by law provided, shall extend the time of payment on the remainder of the assessments, the same as if there had been no delinquency or foreclosure. Whenever the condition of any local improvement district shall be such that the city council shall deem it necessary and expedient to provide for the foreclosure of any or all property appearing therein for unpaid and delinquent assessments and unpaid and delinquent installments thereof, the council may by ordinance authorize and direct the city attorney to institute proceedings in foreclosure against all the property the assessments and installments of which are delinquent and unpaid, and thereafter all further proceedings shall be had and conducted in manner provided by law. (Ord. 92 § 13, 1922).

3.28.140 Payment of outstanding warrants.

It shall be the duty of the city 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 to the credit of such fund. In case he shall not have sufficient funds to pay the whole of the next outstanding warrant he may call in and pay such portion thereof as shall exhaust the amount of such fund. He shall endorse the amount so paid on the back thereof, with the date of payment, and take a receipt from the holder thereof of the amount so paid, which he shall return with his report to the clerk as a voucher for the same. (Ord. 92 § 14, 1922).

3.28.150 Contract required – Bids.

The council may provide that all work to be done in any local improvement district shall be let in one contract, or at its option the work may be subdivided, separated 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, after notice therefor, published in the official newspaper of the city for at least twenty days before awarding the contract. Such notice shall state generally the work to be done and shall call for proposals for doing the same to be sealed and file with the clerk on or before the day and hour named therein. All bids shall be accompanied by certified check drawn upon some hank in Chelan County, Washington, payable to the order of the city of Chelan, or the treasurer of said city, for the sum of not less than five percent of the amount of the bid, and no bid shall be considered unless accompanied by such check. If in the judgment of the council the work should be done by the city by day work, an under the supervision of the city engineer, it is hereby empowered to proceed with the work irrespective of all such bids, and in such case all bids shall be rejected, and the checks accompanying returned. (Ord. 92 § 15, 1922).

3.28.160 Public reading of bids.

At the time and place named for opening bids, the same shall be publicly opened and read, and no bid shall be rejected for informality but shall be received if it can be understood what is intended by the bidder. The council shall determine the lowest responsible bidder, or may reject all bids and readvertise, or proceed to do the work by day work under the supervision of the city engineer. If the contract be awarded, all checks from unsuccessful bidders shall be returned to them, and the successful bidder shall enter into contract for the improvement in due form and furnish a bond therefor, as provided by law, within ten days after being notified of the award of the contract to him. In case he shall fail to so enter into contract and furnish said bond, within said time, the council shall direct the clerk to stamp across the face of the certified check “Forfeited” to the city of Chelan, and sign his name and official title, and shall deliver said check to the city treasurer who shall deposit the same in the treasury to the credit of the local improvement fund, and the city shall readvertise for proposals for such improvement work, or proceed to do the same under supervision of the city engineer, as the council may direct. A forfeiture made hereunder shall not be remitted except by unanimous vote of all members of the council. (Ord. 92 § 1, 1922).

3.28.170 Retention of percentage of amount due on contract.

All contracts for public improvements shall provide therein that at least fifteen percent, of the amount due the contract or on estimates shall be retained to secure the payment of laborers who have performed work thereon, and material men who have furnished materials therefor, and such laborers and material men shall for thirty days after their work has be completed, or material furnished have a lien on such fifteen percent, so reserved for labor done and material furnished, which lien shall be senior to all other liens, whether by judgment, attachment or contract, and no improvement shall be deemed completed until the city engineer shall have filed with the city clerk a statement signed by him declaring the same to have be completed. During the progress of the work, at the last of each month, the city engineer shall issue an estimate of the amount of work completed during the month, a complete estimate when the work is completed during the month, a complete estimate when the work is completed and a final estimate after a period of thirty days from said complete estimate. The final estimate shall include, in addition to a statement of the amount of money due the contractor, a statement of the amount of money expended for abstracts, advertising and engineering prior to the date set for the completion of the contract. All engineering expenses, incurred after the time fixed in the contract for its completion shall be borne by the contractor as a penalty for failure to complete the work within the specified time.

The city clerk shall on or about the tenth day of the month following the issuance of the estimate by the city engineer deliver to the contractor money or warrants in an amount equal to eighty-five percent of such estimate. In case warrants are issued, they shall be drawn against the local improvement district fund under which the work is being done in any sum which is a multiple of one hundred dollars, not to exceed four hundred dollars, and shall bear interest at the rate of not to exceed eight percent per annum from date to a date sixty days after the tie fixed in the contract for the completion of the contract, beyond which time such warrants shall not draw interest.

The fifteen percent, retained from the estimates, shall be held for a period of thirty days after completion of the work, and thereupon be paid to the contractor in warrants so far as the same shall be free from liens, which warrants shall ear interest from the date of final acceptance of the work by the engineer, and the council, to a date ninety days after the time fixed in the proposal and contract for completion of the contract, if any such time there be. (Ord. 92 § 17, 1922).

3.28.180 Engineer – Costs and expenses estimated.

In making estimate of the cost and expense of any improvements provided in this chapter, the city engineer shall include the estimated cost and expense of the engineering and surveying necessary therefor, the cost of ascertaining the ownership of the lots and parcels of land included in the assessment district, and the cost of advertising and publishing notices required to be published and shall add as a charge against each description of property on the assessment roll the following sums: In case of “Immediate Payment” assessment, the sum of forty cents per description; in case of assessment payable in five annual installments, the sum of one dollar per description; in case of assessment payable in ten annual installments, the sum of one and seventy-five hundredths in ten annual installments, the sum of one and seventy-five hundredths dollars per description, which sum in a particular case will be the charge for the cost of accounting, clerical labor, books and blanks incurred by the city clerk and city treasurer in connection with such assessment. (Ord. 92 § 18, 1922).

3.28.190 Immediate payment – Delinquencies.

Whenever the cost and expense of any improvement shall be payable by the mode of “Immediate Payment,” the city treasurer shall upon receipt of the assessment roll, publish a notice in the official paper of the town for two consecutive issues that said roll is in his hands for collection and that any assessment thereon or any portion of any such assessment may be paid at any time within thirty days from the date of the first publication of said notice, without penalty, interest or costs, and that unless payment be made within such time, such assessment or unpaid portion thereof shall become delinquent. Upon delinquency a penalty of five percent, shall attach to, and become part of all such assessments. Delinquent assessments shall bear interest at the rate of eight percent per annum until paid. Such delinquent assessments, with interest and penalty, shall forthwith be certified to the county treasurer of Chelan County, Washington, for collection, and the same shall be collected and the lien thereof be enforced in the manner provided by law, and the ordinances of the city of Chelan, as in the case of delinquent installments under the mode “Payment by Bonds.” (Ord. 92 § 19, 1922).

3.28.200 Delinquencies – Foreclosure.

Whenever, on the first day of January of any year, two installments of any local improvement district assessments shall be delinquent, or the final installment thereof shall have been delinquent for more than one year, the city treasurer shall, on or before the first day of June in such year, proceed with foreclosure of all such delinquent assessments or installments thereof, as the case may be, by proceedings in the Superior Court of the state of Washington in and for Chelan County, therefore in an action brought in the name of the city of Chelan in accordance with the provisions of RCW 35.50.030, and all acts amendatory thereof. (Ord. 144 § 1, 1935).


1

For statutory provisions allowing code cities to make assessments for local improvements, see RCW Ch. 35A.43 and RCW Chs. 35.43 to 35.53.