Chapter 14.08
LOCAL IMPROVEMENTS*
Sections:
14.08.020 Adoption of local improvement state laws.
14.08.030 The “board, officer or authority.”
14.08.040 Necessity for public bids – Notice – Security with bid.
14.08.050 Opening bids – Acceptance and rejection – Letting contract – Return of security.
14.08.060 Contractor’s bonds.*
14.08.070 City’s contribution to be specified in ordinance.
14.08.090 Approval and payment of costs.
14.08.100 Call and payment of warrants.
14.08.110 Assessment roll – Filing – Contents.
14.08.120 Assessment roll – Confirmation.
14.08.150 Method of installment payments.
14.08.230 Time for commencing foreclosure proceedings.
*For provisions relating to the form of local improvement bonds, see Chapter 14.16 LMC. For the statutory provisions regarding local improvements generally, see Chapters 35.43 to 35.56 RCW; for the statutory provisions regarding the portions of the general law regarding local improvements applicable to code cities, see Chapter 35A.43 RCW; for provisions regarding calling for bids for work on public contracts, see RCW 35.23.352; for provisions regarding publication of noncontractual work, see RCW 39.04.020; for provisions in general regarding public works, see Chapter 39.04 RCW.
14.08.020 Adoption of local improvement state laws.
Pursuant to RCW 35A.43.010, the city council recognizes the following chapters of the Revised Code of Washington, pertaining to local improvements, to be applicable to the city: Chapters 35.43, 35.44, 35.45, 35.47, 35.48, 35.49, 35.50, 35.53, 35.54, 35.55 and 35.56; and makes said chapters, and any amendments thereto, a part of this code as if specifically copied and repeated herein. (Ord. 1685 § 1, 1974; Ord. 1670 § 1, 1973; Ord. 816 § 2, 1955; Ord. 43 § 2, 1925).
14.08.030 The “board, officer or authority.”
The “board, officer or authority” referred to in RCW 35.43.130 shall be the city engineer. (Ord. 816 § 2, 1955; Ord. 43 § 5, 1925).
14.08.040 Necessity for public bids – Notice – Security with bid.
(1) Except as otherwise provided by RCW 35.43.190 and Chapters 39.04 and 39.28 RCW, all local improvements to be paid in whole or in part by assessments upon the property specially benefited shall be made by contract based on competitive public bidding. Such contract shall be let to the lowest responsible bidder.
(2) Notice of the call for bids shall be given by posting notice thereof in a public place in the city and by publication in the official newspaper of the city once each week for two consecutive weeks before the date fixed for opening the bids. The plans and specifications for the work to be done must, at the time of the publication and posting of such notice, be on file in the office of the city engineer and subject to public inspection. Such notice shall state generally the work to be done, shall call for written proposals for doing the same, and shall require the proposals to be sealed and filed with the office of the city manager on or before the day and hour named therein. All bids shall be accompanied by cash or by a certified check, cashier’s check or bid bond payable to the city treasurer, for a sum not less than five percent of the amount of the bid; and no bid shall be considered unless accompanied by such cash, check or bond. (Ord. 1683 § 1, 1974).
14.08.050 Opening bids – Acceptance and rejection – Letting contract – Return of security.
(1) At the time and place named, such bids shall be publicly opened and read. No bid shall be rejected for informality but shall be received if it can be understood what is meant thereby.
(2) The city council shall proceed to determine the lowest responsible bidder and may let such contract to such bidder, or if in its opinion all bids are too high, it may reject all of them and readvertise, or may proceed to do the work, subject to the limitations specified in RCW 35.43.190, under the supervision of the city engineer, and, in such case, all checks, cash and/or bonds shall be returned to the bidders by the city clerk, but if the contract is let, then, and in such case, all checks, cash and/or bonds shall be returned to the bidders except that of the successful bidder, which shall be retained until the contract is entered into for making such improvement between the bidder and the city, in accordance with such bid, and the duly approved and accepted bond therefor is filed in the office of the city clerk.
(3) If the bidder fails to enter into such contract in accordance with his bid, within 10 days from the date on which he is notified the he is the successful bidder, the city treasurer shall place the bidder’s cash bid deposit to the credit of that particular “local improvement fund,” or if the bid deposit is a cashier’s check or certified check shall stamp across the face thereof “Forfeited to the City of Longview, _______________ City Treasurer,” and shall deposit the same to the credit of said “local improvement fund,” or if the bid deposit consists of a bid bond the city treasurer shall deliver the same to the corporation counsel to bring action thereon and the city council shall readvertise for proposals for such work.
(4) A forfeiture made hereunder shall not be remitted except by the unanimous vote of all members of the city council by “aye” and “nay” vote. (Ord. 1683 § 2, 1974; Ord. 816 § 2, 1955; Ord. 43 § 8, 1925).
14.08.060 Contractor’s bonds.*
(1) Whenever the city council enters into a contract with any person or corporation to do any public work for the city, every such person or corporation shall, within five days prior to the commencement of such work, make, execute and deliver to the city clerk a good and sufficient bond, with two or more sureties, or with a surety company qualified to do surety business in the state.
(2) The bond shall be conditioned that such person or corporation shall faithfully perform all of the provisions of such contract and pay all laborers, mechanics and subcontractors and materialmen, and all persons who shall supply, such person or corporation, or subcontractors with provisions and supplies for the carrying or of such work.
(3) The bond shall be in an amount equal to the full contract price agreed to be paid for such work or improvement, and shall be to the city. (Ord. 1046 § 1, 1960).
*For the statutory provisions regarding contractor’s bonds in public works contracts, see RCW 39.08.010.
14.08.070 City’s contribution to be specified in ordinance.
Every 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 city and shall direct that the remainder of such cost and expense be assessed against the property within said district, in the manner provided by law. (Ord. 1683 § 3, 1974).
14.08.090 Approval and payment of costs.
(1) Whenever any local improvement authorized or contemplated by this chapter is done by contract, all payments to the contractor or contractors shall be made in the following manner: the city engineer shall ascertain the progress of the work on the local improvement, and shall prepare and sign a voucher for the amount due for such work and present the same to the city council. The city council shall examine and audit the voucher and, if the same is correct, shall approve and allow it.
(2) Upon the approval or allowance of the voucher by the city council, the city clerk shall draw a warrant on the city treasurer, which warrant shall specify that it is payable only out of the local improvement fund of “District No. ______” (giving the number of the local improvement district in and for which the improvement is being or has been constructed), or from the proceeds of bonds sold to provide funds for payment of the cost and expense of the improvement. The warrant shall be countersigned by the mayor.
(3) If presented to the city treasurer and not paid for want of moneys applicable thereto, such warrant shall bear interest from the date of such presentment until it is called, paid or exchanged for bonds of the local improvement district.
(4) The rate of interest so borne by such warrant shall be prescribed by the ordinance authorizing the local improvement in question. (Ord. 2105 § 1, 1982; Ord. 2039 § 1, 1981; Ord. 1670 § 2, 1973; Ord. 43 § 11, 1925).
14.08.100 Call and payment of warrants.
(1) 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; but if such fund is not sufficient to pay the whole of the next succeeding outstanding warrant, he may call in and pay such portion thereof as shall exhaust the amount of such fund. In like manner he shall call and pay such warrants whenever he has sufficient money available therefor from the proceeds of bonds sold to pay the cost and expense of such improvement.
(2) Whenever the city treasurer pays 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 from the holder thereof, showing the number and description of such warrant, and the date and amount so paid, which receipt the treasurer shall return with his report to the city clerk as a voucher for the money so paid. (Ord. 43 § 12, 1925).
14.08.110 Assessment roll – Filing – Contents.
When the cost of any local improvement authorized by ordinance has been ascertained (except as the time for filing the roll may be extended by the city council), the city engineer shall file with the city 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, and in no case shall a mistake in the name of the owner be fatal when the description of the property is correct.
The assessment roll shall also contain a description of the lots and the names of the owners thereof upon which the collection of local improvement assessments will be deferred pursuant to Chapter 137, Laws of 1972, First Extraordinary Session. The council shall thereupon fix a date for a hearing upon such roll before the council, and such further proceedings shall be had in relation thereto as are provided by law. (Ord. 1939 § 10, 1979; Ord. 43 § 13, 1925).
14.08.120 Assessment roll – Confirmation.
The ordinance confirming any assessment roll shall levy and assess against each lot, tract, parcel of land or other property appearing upon such roll the amount charged against the same. Upon taking effect of such ordinance, a duplicate copy of the roll, prepared by the city clerk, shall be delivered to the city treasurer with the city clerk’s certificate that the same has been duly approved by ordinance, and annually thereafter the city treasurer shall extend the installments of principal and interest upon the unpaid balance as shown upon the certified copy of the roll. (Ord. 43 § 14, 1925).
14.08.150 Method of installment payments.
The first installment shall be due at the expiration of the 30-day period succeeding a date one year after the date of the first publication of the notice provided for in RCW 35.49.010, and shall thereafter, if unpaid, be delinquent, and annually thereafter, on the same date as that of the first installment payment, unless such date is a nonbusiness day for the city in which event on the first business day for the city thereafter, each succeeding installment shall become due and payable, and, if unpaid, become delinquent in like manner; provided, that the city treasurer shall accept and receipt for payment of any such installment at any time within 30 days prior to its date of delinquency. All such installments, when delinquent, in addition to interest at the rate fixed by ordinance for interest on the unpaid balance of the assessment, shall bear the penalty prescribed in LMC 1.29.010. Interest and penalty shall be include in, and shall be a part of, the assessment lien. (Ord. 1670 § 3, 1973; Ord. 43 § 16, 1925).
14.08.210 Bonds – Registry.
The city treasurer shall keep in his office a register of all such bonds issued. He shall enter therein the local improvement district number for which the same are issued and the date, amount and number of each bond and the terms of payment. (Ord. 816 § 2, 1955; Ord. 43 § 23, 1925).
14.08.230 Time for commencing foreclosure proceedings.
Pursuant to RCW 35.50.030, whenever on the first day of January in any year two installments of any local improvement assessment within the city are delinquent, or if the final installment thereof has been delinquent for more than one year, the city shall proceed with the foreclosure of the delinquent assessment or delinquent installments thereof by proceedings brought in its own name in the superior court for Cowlitz County, state of Washington, such action to be commenced on or before December 1st of the year in which the city treasurer has mailed, to the persons whose names appear on the assessment roll as owners of the property charged with the assessments or installments which are delinquent, a notice of the amount due upon each separate lot, tract or parcel of land and the date after which such foreclosure proceedings will be commenced, which date shall be at least 30 days before commencement of the proceedings. (Ord. 1592 § 1, 1972; Ord. 1027 § 1, 1959).