Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1891-07-09
LEGAL

and lands fronting thereon each lot or poi
the full debt thereof In proportion to the
benefits upon the property to be benefited,
sufficient TO cover the total expense OF the
work to the center of the street on which II
FIR nts; provided, that the city council may
expend from the general fund foi said pur
poses such sums as, In their Judgment, NAV
be fair and equitable in consideration of
benefits accruing to the general public by
reason of such improvements. The expense
of all improvements in the space formed by
the junction of two or more streets. or where
one main street terminates in or crosses an
other main street, and also all necessary
street crossings or crossways at corners or
intersection OF strt cts, and the expense of
establishing, building and repairing bridges
in such city shall be paid by such city. The
expense incurred in making and repairing
sewers in any street shall be paid by the city |
out of the sewer fund. In all streets consti-
tuting the water front of the city. or bounded
on one side by the property thereof the eN-
pense of work done on that portion Of said |
street. from the center line thereof to said |
bounded thereon, shall be paid by such city, |
When any work or improvements mentioned |
in this section is done or made ON one side of
the center lines of said streets. avenues or |
public highways, the lots or portion of lots |
fronting on that side only shall be assessed |
TO cover the expenses OF said work, accord
ing to the provisions of this o. dinance.
SEC. D. Within ninety days after the street
Improvement Is ordered, unless further time
be granted by the city council therefor the
city engineer shall make out and complete
an assessment list. which shall show AN en-
hibit in separate columns;
First. The name of the owner of each
separate lot, piece. parcel or subdivision of
land separately assessed, IL known to him.
and II the name of the owner be unknown to
him. the word unknown" shall be written
opposite the number of such subdivision of
| land. All street and alley intersections,
bridges and other street work chargeable
| against the city shall be separately assessed
against the city.
| second. The assessment number of each
subdivision OF land, separately assessed.
! Nm hpp "a GS ma al la tt
| as other assessments are numbered,
! Third. brief description by lot and block
or otherwise of each such subdivision of land
which in connection with the map hereinbe-
fore and hereinafter mentioned shall be suf-
hcient for the Identification and location of
each such subdivision of land
! Fourth. The amount assessed separately
to each of such subdivisions, To the ASSESS
ment list thus completed the city engineer
! shall attach said map, showing the relative
location of each OF said subdivisions of land
to the work proposed to be done, each of
which said subdivisions of land shall by him
be numbered on said map to cOrreSpOn each
| respectively with its assessment number as
! shown on said assessment list and Sa id as
sessment list and said map thus attached
| shall constitute and be known rs the assess
ment roll said assessment roll when com
pleted, shall be by said city engineer filed
| with the city clerk.
SEC. 6 Upon receiving said assessment
roll the city clerk shall forthwith give notice
by publication for not less than once Il week
for two consecutive week, In "a newspaper
published in the city, that said assessment
roll is on file in his office the date o: the filing
of the same and that the same is oprn foT
public inspection, and said notice shall con-
tain a time within which the city council Will
meet to hear appeals of parties aggrleved by
| such assessments.
SEC Z. The owner or any other person inter
ested in the land in said assessment district
whether named or not in said assessment
roll, may any time before the time men 1e.n.
, section within which the council will meet Il
, hear appeals appeal to said council from
and briefly state the objections to the sale
assessments or assessment roll, and file tn.
: same with the clerk of the said city council
4 Only such objections as shall be spccihcall,
made, will be considered by the council, ant
all objections not so made to said assess
a mcnts or assessment roll, shall be deemed Il
have been waived.
5 SEC, s. At the time appointed by the coun
ell for hearing appeals from sad asscssmen
. the city council shall hear and decide upol
all objections which may be presented b.
any person. as provided in the last section
to the regularity of the proceedings in max
ing said Improvements or I'm levying said as
sessment. or to the correctness of the amour
of said assessment or of the amount leVie
upon any particular lot or parcel of land an
4 IL the proceedings are found by them to hav
- been irregular they shall correct any error
which may be found In the assessment, ant
shall pass an order approving and confrmtn
said assessment so corrected by them, pre-
vided that the council may of its own me
: ton, and without any appeal therefor, max
| any change in any assessment or the assess
provisions OF this ordnance. and their dc
cision and order shall he "A final determine
tion of the regularity, validity and correct
ness of said assessment, and of the amour
thereof levied upon each lot or parcel
land and shall bar all persons appearing IN
Directing, or failing to appear, from any fu
ther recourse in law.
SEC 0. The council shall provide in Il
order approving and confirming such asses
time, not less than thirty nor more this
sixty days after the appointed time for hea
ing appeals therefrom, the same may be d
to the city treasurer; and all such asses
ments not paid to the treasurer within SUI
time shall thereafter draw interest AZ q
rate of ten per cent per annum until pal
provided that the council may in its discr
ton extend the time of payment beyol
sixty days from said date for hearing a
peals, in which case said assessment sh;
not draw interest until the expiration
such extended time; provided further tn
assessments chargable against the city sh'
bear no interest.
IN with a contractor for such Improvement t
Mt council shall invite sealed bids for such 4
"0 prOvement by publishing notice rogue sti
It's such bids for ten days In some newspaE
. published In the city. All bids shall be hi
-, with the city clerk within such time as N
20 be specified in the notice. and none 9th,
10 shall be considered by the council Su
ID bids shall not be opened except at meet
,ol of the council. The council may renew su
iai invitation for bids from time to time by pI
ale fishing notice as aforesaid, and cit her bef,
- or after the opening of bids on file. !
US. council may re cct any or all Of such bl
or may adopt that of the lowest responsi
!, bidder.
SEC. If. All such contracts shall be in WI
ing and no such contract hall be executes
" the part of the city until the contractor 81
give bond to the city with one or more su
ties TO the satisfaci ion of the city coun
in an amount to be fixed by the council in
thOrizing the making,Of such contraction
~ toned for the faithful performance OF s.
We contract on the part Of the contractor
- / for linden nifYing and saving harmless
ven city from and against any and all liens
-, | claims of persons performing work or
olh nishing materials upon or In or about s
" Improvement. and any and All loss, dam
IN. and expense which may accrue or be oc
~ stoned TO the city by reason of any bre
III Of contract. or any neglect or commission
ugl5 the part of the contractor in or about
anu performance of the work contracted for.
10y such improvements made by contract 81
vi, be made and completed to the satisfacl
nan | of the city engineer or other officer de
: ~ mated by the council. such contractor 5
y ue also execute a bond to the state of Wash
7.kke ton pursuant to the provisions of an ac
w ~ | the legislature of the territory of Wash
,, ~ ton, entitled An act requiring muntc
Slf corporations to take bond from cont
~, tors, contracting to do work or make
=, IT, improve ments for such municipal corp
~ lions, conditioned to pay laborers, mater
cre men and others;" approved January
~ ~. 1883.
III ~ SEC. 10. All such assessments shall
III ~, liens upon the property assessed. and
~ Va such liens shall relate back and take e.
aPppIl as OF the time of the first publication OF
- " notice OF the proposed improvement pro
~ ed for i'm section one Prov ided that ass
'A"- ments chargable against the city, shall