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HomeMy WebLinkAbout133 - Ordinance - Improvement of Bay StreetORDINANCE. No. 133. An ORDIN-STCF, rroviding• for the Improvement of Bay street, from the West margin of Sidney street to the zest line of lot 2, Block 11, of the Town Plat of Sidney, in the Town of Port Orchard, produced and extended across said Bay street, by the construction of a concrete side -walk on the South side of said Bay street. Be it ordained by the Council of the Town of Port Orchard: Section 1. That Bay street, from the 7est margin of Sidney street to the rest line of Tot 2, Block 11, 'of the Town Flat of Sidney, in the Town o Port Orchard, produced and extended across said Bay street, be improved by the construction of a concrete side -walk along the South side of said Bay street, according to the plans and specifications therefor filed with the Clerk of said Ton. Provided, that that section of the herein provided improvement, lying between the ,jest margin of the concrete side -walk in front of the "'it - sap County Bank Building and the rest line of Mot 2, Flock 11, of the Town Plat of Sidney, produced and extended across said Bay street, be and the same is hereby ordered to be constructed immediately; and the remaining; section of said improvement, that is to say: that section of said improvement lying between the Pest margin of Sidney street and the Fast margin of Frederick street, be and the same is hereby ordered to be constructed at a time to be hereafter designated by the Council. Section 2. That said improvement shall be made by contract to the lowest responsible bidder, after at least seven days notice, c=Hiefl saiu notice shall be posted or -published in the same manner as the ordinances of the town are posted or publ ieh-ed , and which said notice shall specify the tine and place of opening the bids for said improvement, and provide that all bidders must make a deposit of a certified check or lawful money of the Uni-ted States, of at least ten per cent o± the amount of the bid, to secure the said contract if awarded to the bidder, and said notice shall contain the further provision that any or all bids may be rejected by the Town Council. -Provided, that the Council may in accordance with the provisions of Section 1, of this ordinance, award the contract for said improvement in separate sections, at different times and to different ,persons. Provided that all contracts for said improve- ment shall be awarded in the manner, upon the notice and upon the conditions herein provided. Section 3. The bidder to whom said contract is awarded shall enter into a written contract with said Town in accordance with said bid, and give a good and sufficient bond to the said Town in the amount equal to said bid, conditioned that said contractor shall carry out and perform all conditions of said contract, and pay for the labor and material used therein. Said im- provement to be done in a womanlike manner and subject to the approval and acceptance of said Town Council, and shall be completed within such reason- able time as said Council may designate in the said contract. Section 4. That the mode of making payment to the contractor for such improvement shall be by warrants drawn on the street improvement fund for the district hereinafter named. Said warrants may be issued from time to time during, the progress of the work, for any amount not exceeding seventy-five per cent of the contract price for the proportionate amount of the work then completed, as estimated by the city engineer. Said warrants shall be issued in sums not to exceed Fifty (w50.00) Dollars, and shall draw interest at the rate of ten per cent per annum from the date that the assessment made for said improvement begins to draw interest, -until there is sufficient money in said fund with. which to pay said warrants, which said warrants shall be paid in the order of their issue. Section 5. The costs and. expenses of making said improvement shall be assessed against the several lots, :ieces or parcels of land to the full depth thereof, fronting or abutting the aforesaid improvement on Bay street, ;i G .Section 6. Arter • e eUi.:'J.i.e V1U11 Us.id. -Toi,rn shall viewthe lots, pieces or parcels of'!and fronting;• or at.uttirh, arz "said line of improvement lroverment and divide the costs ,and expenses of 'said it prev-,. rent anon` the lots, pieces or parcels of land especially benefitted, in pro-_ portion to the benefits derived therefrom by each lot, piece or parcel of land as *:afaresaid, and than instruct the clerk to pr*are an assessment roll to- be 1_o. -.m as • "assessment oll for local Improvement District Io. 1, Bay Street, Year 1909, showing the amount assessed against each lot, piece or parcel of land renefitted by said. improvement, in proportion 'to the benefits. Section 7. The Town Council up on receipt of said assessment roll, shailil cause notice • to be posted or published in - the same -manner as the ordinance of the Town are posted or,published, at -least seven days, notifyin` all �er- sd s i._terested that the roll has been prepared and filed, and recuire theca to c.p1)ear at the time ::.nd Lice specifies in said notices, not later than ten days from the date of said notice, to make objections, 'if an, they have, to said assessment, and the Town Council at the time fixed in said notice shall .consider, any and all objections made, and shall make such corrections on said roll as it may deem just and proper. The Town Council shall then by ordinance, approve said assessment roll and shall levy o.nd assess the ar^ourt thereof a'ainst each lot, piece cr parcel of land on said roll, and shall certify sucl levy as corrected, against each lot, piece or parcel of land and declare the same a lien thereon and direct the clerk to deliver to the Treasurer of said Town the said assessment roll, and upon the delivery of the same to 'said Trey ureer he shall proceed to collect the same in .the manner provided by law, and give notice -that the said assessment roll., is in r 1S hands or c.oll-ection. as hereinafter provided. Section 6. That upon the receipt of said assessment roll by the io-:;rn •Treasurer the said assessment shall 'become due and collectible, and if the. amount of any assessment is not paid within thirty days from the date of the .I notice given by the said To.;n Treasurer, as hereinafter specified, the said assessmmert shall dram interest at the rate of . ten j:er cent per an_lum, and if said assessment shall not be paid within sixty days from the date of said not notice a penalty of ten per cent shall be added thereto, end said assessment shall then be deemed delinquent and shall be col? ected by forEclosure suit in the manner provided by law, and the pro : arty or so much theredf as may be necessary, sold to raise the amount of the assessment not paid as aforesaid, together with interest, -penalty and costs, including an attorneys fee of T..,enty-live (23.cc) Dollars in each foreclosure suit. Section 9. That wit'r_in, three days after the receipt of the assessment rbu11 by 'the Town Treasurer, he shall l.roceed..to give _notice in :,ritin", by mail, to each property owner nar--ed in said roll,V-.rhich said notice shall be addressed to the last 1Lllocrn place •r residence of said property owners,, and of' c Lain the nar��e os the owner, the description of the property: assessed, the amount of the assessment, and shall also state that if said assessment is -1'__ t� the date 1 • 1'� 1 i�0 �, paid., wi ttiin thirty days . from the deb Ge of such notice, the said assessment will bear interest at the rate of ten -,-'er cent per annum, and if not paid withinsixty days from the date of such notice a penalty of ten per cent will be added to said. assessment, . and that the same will then become delinquent and will e e lected by foreclosure suit as provided by law and the or-ainanc{J of said Tows. said_. ensurer shall after -ivinp notices as directed ru_ this ordinance endorse .'.ip,o 1 said assessment roll the date v.fnen said notices were given, ad t'_^_E" 4ete wh,n said assessments become delinquent, and when so endorsed sll be, the- dates from which interest and penalty shall be compute 'upon said Set" ' a6.. That -this ordinane-e s a .• :44ke e-_fect and 'be in force, from and • after it pa:asa.;?e- and yublieata o ecordin law. Passed, t' e Council of t''.e •r To. :: f doC:w:_ .rd this dav7 of Pobruary ler]:. r� GLz% aor of the T'o u T, Wm. C.. Bading, Clerk of the Torn of Port Orchard, do hereby certify that the above and foregoing Ordinance is a true and correct coyly of Ordinance i?o. 133, ent-tied "An Ordinance providing iar the improvement of Bay S1r ems, from the Test margin of Sidney street to the west line of Lot 2, Block 11, of the Piat Sidney, in the Town of Port Orchard, produced andextended across said Bay street, 0y the construction of a concrete side —.vain on the South side of said Bay Street, and that the above Ordinance -, ca6 published according to law. ORDINANCE NO. 133. AN ORDINANCE, Granting to George C. Johnson, his heirs, executors, admini- strators, or assigns, the right, privi- lege and authority to construct and maintain pipe line for conveying water within certain prescribed limits of the Town of Port Orchard, and prescrib- ing the terms, conditions and limita- tions under which such right, privi- lege and authority may be exercised: Be it ordained by the Town Council of the Town of Port Orchard: Section I. That George C. Johnson, his heirs, ex- ecutors, administrators or assigns, are hereby granted the right, privilegeand authority of constructing and maintain- ing pipe lines and conveying water along the streets, avenues and alleys ofthat portion of the Town of Port Orchard lying south of the north line of Kitsap Street to the south line of Third Street, and from the West line of Cline Street on the west, to Black Jack Creek on the east, for the purpose of supplying with water such persons, houses or buildings within the limits aforesaid, as the said George C. Johnson, his heirs, executors, administrators or assigns may elect. Section II. That for the purposes aforesaid, the said George C. Johnson, his heirs, ex- ecutors, adminstrators or assigns, are hereby granted the right, liberty and privilege of laying down, re-laying, con- necting, disconnecitng and repairing such and so many pipes along, through and under the streets, avenues and al- leys within the limits aforesaid, as may be necessary, proper and convenient for supplying water to persons, houses or buildings within the limits aforesaid, and for that purpose to make connec- tions between the street mains and pipes and dwellings or other buildings of con- sumers. Section III. That in the work of breaking the soil of the streets, avenues and alleys within the limits of said town as aforesaid, for the purpose of laying, relaying, con- necting, disconnecting and repairing said water pipes, and making connections be- tween the same and, the dwellings or other buildings of the consumers of water, the said George C. Johnson, his heirs, executors, administrators or as- signs, shall be governed by and con- form to the general ordinance of said town in force at the time such work is .done, regulating the opening and break- ing of the avenues, streets and alleys, and he and they shall, with all con- venient speed, complete the work for which said soil shall have been broken, and forthwith replace the earth and make good the said avenues, streets and alleys so opened to the satisfaction of the officers charged with the care and supervision of such streets, avenues and alleys. Section IV. That said George C. Johnson, his heirs, executors, administrators or assigns, shall use reasonable care, and shall not in making excavations for the purposes aforesaid, leave any dangerous place ex- posed, or unnecessarily delay traffic, and shall he liable to the town of Port Orch- ard for all injuries caused by reason of such excavations, if any there be, and shall leave said streets, avenues and alleys in like good repair as they were before such excavations were made. Section V. All water pipes shall be laid not less than six inches below the surface of the ground, and not less than twelve inches' in graded streets or alleys, and in such manner as not to interfere unnecessarily with the construction of other water mains, sewers or drains, or with the grading of public streets or alleys. Section VI. Whenever the establishment of grades, I drains, sewers or other water works, or other necessary town improvements, or any accidental injury to said water pipes , by the ordinary use of said highways, or any damage caused by the elements which render necessary the removal or relaying of water pipes laid beneath any public street or alley, said George C. Johnson, his heirs, executors, administra- tors or assigns, shall, upon five (5) days written notice given by the proper town officer, remove and relay the said water pipes at his or their expense; and upon his or their failure so to do. then the said town officer may remove the same at the cost of the said George C .John- son, his heirs. executors. administrators or assigns, and the said town or its offi- cers shall not be liable for damages to the said George C. Johnson, his heirs, executors, administrators or assigns for such removal. Section VII. That this franchise shall not be deemed exclusive, nor shall it be con- strued to prevent other persons or cor- porations from using the same, or parts of the same streets, avenues or alleys within the limits aforesaid for .like pur- poses, provided that water pipes or mains belonging to such other persons or corporations shall be so laid as not to break, damage or unreasonably inter- fere with water pipes or mains previ- ously laid by the said George C. John- son, his heirs, executors, administra- tors or assigns, under the terms of this franchise. _ Section VIII. The rights, privileges and authority granted in this ordinance shall continue for ten (10) years after the date of its passage. - Affidavit of Publication STATE OF WASHINGTON, COUNTY OF KITSAP `mot ;��4 e ' ......, being first duly sworn, ......... upon his oath deposes and says: That he is now and during all the time covered by the dates of publication of annexed notice mentioned in this affidavit was...(* ., .. .................. ............. ... .. of THE PORT ORCHARD INDEPENDENT, a weekly newspaper, whivh was during all the time aforesaid, printed and published regularly on Satur- day of each and every week at Port Orchard, in Kitsap county, in the State of Washington, and regularly distributed to its subscribers; that said news- paper is now and during all of said time was of general circulation in said county and state; that the..... ......................1/�tir..l.I....•••• a copy of which is hereto annexed and made a part of this affidavit, was published in said newspaper for the period of../ .....si*eeeswi'vweek9! /..publicationj) ceneing on the aa; e- .................. _a on4g on the ,Z .. day of - --9r .. .. A. D., ! 190. .; that said annexed copy of said {• • • .../ .!.................................................................... is a true copy thereof as it was published in the regular and entire issue of said newspaper for the period aforesaid ...........C:.�.r...�' / h Subscribes: and sworn to before m .day of. A. D., 190 Notary Public in and for the State of Washington, residing at Port rchard. Section IX. The rights and privileges granted by this ordinance are granted upon the ex- press condition that within thirty days after the passage of this ordinance there shall be filed with the clerk of the town of Port Orchard, an acceptance on the part of the said George C. Johnson, his heirs, executors, administrators or as- signs, of all the conditions and privi- leges of this ordinance. Section X. That any violation of the terms and conditions of this ordinance upon the part of the said George C. Johnson, his heirs, executors, administrators or as- signs, shall, at the option of the Town Council of the town of Port Orchard. work a forfeiture of this franchise. pro- vided said Town Council shall give the said George C. Johnson, his heirs, ex- ecutors, administrators or assigns, if residing within the limits of said town, written notice of at least thirty (30) days of their intention to declare said franchise forfeited. Section XI. This ordinance shall take effect and be in force from and after its passage and publication, as required by law. F. D. NEWBERRY, Mayor of the Town of Port Orchard. Attest: A. J. LINDALL. Clerk of the Town of Port Orchard. vent .e the i L-. 'red. r- 1 -e r- 'ter ti - L.