Chapter 3.20 LOCAL IMPROVEMENT DISTRICTS

Chapter 3.20
LOCAL IMPROVEMENT DISTRICTS

Sections:

3.20.010 Method of procedure.

3.20.020 Commission to order improvements.

3.20.030 Improvements ordered by ordinance.

3.20.040 Petition for proposed improvement.

3.20.050 Resolution for proposed improvement.

3.20.060 Authorization of improvement.

3.20.070 Award of contract--Supervision of work.

3.20.080 Assessment roll--Preparation, filing and hearing.

3.20.090 Assessment roll--Approval.

3.20.100 Modes of payment--Penalty for delinquency.

3.20.110 Notice by publication and mail.

3.20.120 Special fund for each improvement district.

3.20.130 Issuance of bonds.

3.20.140 Terms of bonds--Interest.

3.20.150 Form of bonds.

3.20.160 Bond registry.

3.20.170 Foreclosure of delinquent assessments.

3.20.180 General city foreclosures--Proof, judgment, sales.

3.20.190 Call and payment of bonds and warrants.

3.20.200 Local improvement contracts.

3.20.210 Contracts to lowest and best bidder--Notice, check with bid.

3.20.220 Opening bids--Acceptance and rejection.

3.20.230 Subdistricts authorized.

3.20.240 City’s contribution to be specified in ordinance.

3.20.250 Items of cost.

3.20.260 Installment notes and certificates.

3.20.270 Acceleration of installment payments.

3.20.280 Deferral of payments--Authorized by ordinance.

3.20.290 Deferral of payments--Applicants.

3.20.300 Deferral of payments--Economically disadvantaged defined.

3.20.310 Deferral of payments--Determination of eligibility--Appeal.

3.20.320 Payment required by designated date.

3.20.010 - Method of procedure

Whenever the city commission shall provide 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 benefited, the proceedings therefor shall be in accordance with the provisions of an act entitled, "An act relating to local improvements in cities and towns and repealing certain acts and parts of acts," being Chapter 98 of the Session Laws of the State of Washington of 1911, as amended by Laws of 1927, Chapter 275, Laws of 1933, Chapter 107 and others (RCW Chapters 35.43; 35.49; 35.50; Sections 35.53.010; 35.53.020), and the provisions of this chapter and the acts and ordinances amendatory thereof.

(Ord. 2557 §1, 1947).

3.20.020 - Commission to order improvements

Whenever the public interest or convenience may require, the commission is authorized and empowered to order the whole or any part of the streets, avenues, lanes, alleys, boulevards, park drives, parkways, public squares, and places within the city to be graded or regraded, planked or replanked, paved or repaved, macadamized, or remacadamized, graveled or regraveled, piled or repiled, capped or recapped or otherwise improved and to order sidewalks, drains, sewers, and all sewer appurtenances, culverts, bulkheads, retaining walls, water mains, hydrants or appurtenances, curbing and crosswalks, street lighting systems, together with the cost and expense of furnishing electrical energy to the street lighting systems, moving sidewalks or escalators, together with the cost and expense of operating and maintaining moving sidewalks or escalators, auxiliary water system, dikes and embankments, bridges and trestles, and approaches thereto, or other local improvement whatsoever to be constructed, reconstructed, repaired or renewed therein and to order the planting, setting out, cultivating, maintaining and renewing of shade or ornamental trees and shrubbery thereon; and to order any and all work to be done which shall be necessary to complete any such improvement; and to levy and collect special assessments to pay the whole or any part of the cost and expense of any such improvement. The city may require uniform setting out, planting, cultivating, maintenance and renewal of shade and ornamental trees and shrubbery on any street or highway. Any local improvement payable, in whole or in part, by special assessments, which shall include a charge for the cost and expense of furnishing electrical energy to any system of street lighting or for the cost and expense of operation and maintenance of moving sidewalks or escalators shall be initiated only upon the petition signed by the owners of two-thirds of the lineal frontage upon the improvement to be made and two-thirds of the area within the limits of the proposed improvement district.

(Ord. 2557 §2, 1947).

3.20.030 - Improvements ordered by ordinance

Any such improvement may be ordered only by ordinance of the commission, either upon petition or resolution therefor.

(Ord. 2557 §3, 1947).

3.20.040 - Petition for proposed improvement

A. In case any such local improvement, the assessment district for which shall not extend beyond the termini of such improvement, shall be initiated upon petition, such petition shall set forth the nature and territorial extent of such proposed improvement, the mode of payment and the fact that the signers thereof are the owners, according to the records in the office of the county auditor, or property to an aggregate amount of a majority of the lineal frontage upon the improvement to be made and of the area within the limits of the assessment district to be created therefor. If any such property stands in the name of a deceased person, or any person for whom a guardian has been appointed, the signature of the executor, administrator or guardian as the case may be, shall be equivalent to the signature of the owner of the property on such petition.

B. Such petition shall be presented to and filed with the city clerk-treasurer. Upon the filing of such petition the clerk-treasurer shall deliver the same to the city engineer who shall ascertain if the facts set forth in the petition are true and shall cause an estimate of the cost and expense of such improvement to be made and shall transmit the same to the city commission with a certificate setting forth whether the requisite number of signatures appear on the petition, together with all papers and information in his possession touching such improvement, with the estimated cost thereof and his recommendations thereof, together with a description of the boundaries of the district, and a statement of the proportionate amount of the cost and expense of such improvement which should be borne by property within the proposed assessment district, and a statement of the aggregate assessed valuation of the real estate exclusive of improvement in such district according to the valuation last placed upon it for purposes of general taxation.

C. In case such petition shall be found sufficient, such board, officer or authority shall also transmit to the commission a diagram or print showing thereon the lots, tracts or parcels of land and other property which will be specially benefited thereby and the estimated amount of the cost and expense of such improvement to be borne by each such lot, tract or parcel of land or other property.

(Ord. 2693 §1, 1950; Ord. 2557 §4, 1947).

3.20.050 - Resolution for proposed improvement

Any such improvement may be initiated directly by the city commission by a resolution declaring its intention to order such improvement, setting forth the nature and territorial extent of such proposed improvement, and notifying all persons who may desire to object thereto to appear and present such objections at a meeting of the commission at the time specified in such resolution; and directing the proper board, officer or authority to submit to the commission at or prior to the date fixed for such hearing the estimated cost and expense of such improvement, and a statement of the proportionate amount thereof which should be borne by the property within the proposed assessment district, and a statement of the aggregate assessed valuation of the real estate, exclusive of improvements, within the district according to the valuation also placed upon it for the purposes of general taxation, together with a diagram or printing showing thereon the lots, tracts and parcels of land and other property which will be specially benefited thereby and the estimated amount of the cost and expense of such improvement to be borne by each lot, tract or parcel of land or other property. Notice of the date of such hearing shall be given each owner or reputed owner of any lot, tract or parcel of land, or other property, specially benefited by the improvement by mailing to the owner or reputed owner of the property as shown on the tax rolls of the county treasurer, at the address shown thereon, a notice setting forth the nature of the proposed improvement, the total estimated cost, and the estimated benefits to the particular lot, tract or parcel, and the date of the hearing before the city commission; such notice shall be mailed as herein provided at least fifteen days before the date fixed for such hearing. The resolution shall be published in at least two consecutive issues of the official newspaper of such city, the date of the first publication to be at least fifteen days prior to the date fixed by such resolution for hearing before the city commission.

(Ord. 2557 §5, 1947).

3.20.060 - Authorization of improvement

Upon the conclusion of the hearing previously held, should the commission in its judgment deem the improvement to be a public benefit and necessary to the health, welfare and public interest of the community, the commission shall authorize the improvement by ordinance subject to the provision of Remington Revised Statutes Nos. 9363 and 9365 (RCW 35.43.130; 35.43.180; Chapter 35.44).

(Ord. 2557 §6, 1947).

3.20.070 - Award of contract –Supervision of work

After the city commission shall have provided by ordinance for the making of any local improvement, plans therefor shall be approved, bids called and the contract let as hereinafter provided, and the work supervised by the city engineer.

(Ord. 2557 §7, 1947).

3.20.080 - Assessment roll –Preparation, filing and hearing

A. Upon completion of all work made a portion of the improvement, by the ordinance creating such improvement district, and upon the expiration of the lien period for labor and materials liens as provided for in Section 3.20.200, or upon the final settlement and adjudication of all claims thereunder, so that the entire cost and expenses of the local improvement district is known, the city engineer shall certify to the city commission the total cost and expense of the improvement and prepare, for submission to the city commission, an assessment roll in which each lot, tract, parcel or other portion of land shall have assessed against it the just and fair proportion of the actual total expense, in proportion as the lot, tract, parcel or other portion of real estate is benefited by the work involved.

B. The assessment roll shall be filed with the city clerk-treasurer, as prepared by the city engineer, 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.

C. The city commission upon receipt of such assessment roll, shall fix a date for hearing thereon and direct the clerk to give notice of such hearing and the time and place thereof. Such notice shall notify all persons who may desire to object thereto to make such objections in writing and to file same with such clerk at or prior to the date of hearing, and such notice shall be published at least five times in the official daily newspaper or two times in the official weekly newspaper, provided that at least fifteen days must elapse between the date of the last publication thereof and the date fixed for such hearing. At the time fixed for such hearing, the city commission shall sit as a board of equalization on the assessment roll, and at such hearing will consider such objections and make revisions therein as provided by state law.

D. Notice of the time and place of hearing on such assessment roll shall also be given to the owner or reputed owner of the property whose name appears thereon by mailing a notice thereof at least fifteen days before the date fixed for the hearing, to such owner or reputed owner at the address of such owner as shown on the tax rolls of the county treasurer for the property described on the list.

(Ord. 2557 §8, 1947).

3.20.090 - Assessment roll –Approval

Approval of all assessment rolls shall be by ordinance. An ordinance confirming any assessment roll shall levy and assess against each lot, tract, parcel of land, or other property appearing upon said roll, the amount charged against the same. Upon the enactment of such ordinance the roll shall be transmitted without delay to the city-treasurer with the city clerk’s certificate that the same has been duly approved by ordinance.

(Ord. 2557 §9, 1947).

3.20.100 - Modes of payment –Penalty for delinquency

There shall be two modes of making payment for such portion of the cost and expense of any improvement provided for in this chapter, as shall be payable by special assessments: immediate payment, and payment by warrants and/or bonds. The mode adopted shall be the mode petitioned for, in case the improvement shall be made upon petition, or the mode shall be the one which the commission shall designate in the ordinance ordering such improvement.

A. Mode of Immediate Payment. Whenever the cost and expense of any improvement is payable by the mode of immediate payment, the city clerk-treasurer shall, upon receipt of such roll, publish a notice in the official paper of the city for ten consecutive daily, or two consecutive weekly issues, that the 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 the notice, without penalty, interest or costs, and that unless payment be made within such time, such assessment or unpaid portion thereof will become delinquent. Upon delinquency a penalty of five percent shall attach to, and become a part of, all such assessments. Delinquent assessments shall bear interest at the rate of five percent per year until paid. Such delinquent assessments with penalty and interest shall be collected without delay and the lien thereof be enforced in the manner provided by law and the ordinances of the city.

B. Mode of Payment by Warrants and/or Bonds. Whenever the cost and expense of any improvement shall be payable by the mode of payment by warrants and/or by bonds, the whole or any portion of any assessment levied on account of such improvements may be paid without penalty or interest during the first thirty days following the date of the first publication of a notice by the city clerk-treasurer that such assessment and assessment roll is in his hands for collection, and the unpaid balance, if any, may be paid in equal annual installments, the number of which shall equal the number of years which the bonds to pay for the improvement may run; or, 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 costs attaching, together with all interest thereon to date of delinquency of the installment thereof next falling due. The first installment 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 provided for herein, interest upon the whole unpaid sum shall be charged at the rate fixed in the ordinance providing for such improvement, and each year thereafter one of the installments, together with the interest due upon the whole of the unpaid balance shall be collected. Any installment 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 installments shall, until paid, be subject to a charge for interest at the bond or warrant rate, and to an additional charge of five percent penalty levied upon both principal and interest due on such installment or installments.

(Ord. 2557 §10, 1947).

3.20.110 - Notice by publication and mail

Whenever the assessment roll of an assessment payable by the mode of payment by warrants and/or bonds has been placed in the hands of the city clerk-treasurer for collection, the city clerk-treasurer shall publish a notice in the official newspaper of the city for ten consecutive daily or two consecutive weekly issues that the said roll is in his hands for collection and that any assessment thereon or any portion of such assessment may be paid at any time within thirty days from the date of the first publication of the notice without penalty or costs. Whenever any subsequent installment of an assessment payable by the mode of payment by warrants and/or bonds becomes due and payable, the city clerk-treasurer shall publish notice thereof for one daily or one weekly issue of the official newspaper. The date of the publication shall be at least thirty days prior to the date of the delinquency of such installment. In all cases of assessment or installments thereof becoming due and payable, the city clerk-treasurer shall mail a copy of the notice required to be published to the owner of the property assessed, when the post office address of the owner is known, but failure to mail the same shall not be fatal when publication is made.

(Ord. 2557 §11, 1947).

3.20.120 - Special fund for each improvement district

The ordinance confirming any assessment roll shall also create a special fund to be called Local Improvement Fund, District No. ____, into which shall be placed 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. 2557 §12, 1947).

3.20.130 - Issuance of bonds

At the expiration of thirty days after the date of first publication of the clerk-treasurer’s notice referred to in Section 3.20.110, the city clerk-treasurer shall report the total amount of the assessment, the total amount paid to him to redeem any lots, tracts, parcels of land or other property from the assessment levies thereon, and the total amount unpaid on such assessment. Whereupon, if bonds are to be issued, the mayor and the city clerk-treasurer shall issue the bonds of the local improvement district established by the ordinance providing for such improvement in an amount equal to the amount remaining unpaid on the assessment roll as shown by such report. The bonds provided for in this section shall not be issued prior to twenty days after the expiration of the thirty days mentioned above. Such bonds shall be in denominations of one hundred dollars each, except bonds numbered one, which shall be in an amount not to exceed two hundred dollars; provided, that the city commission may in the ordinance confirming the assessment roll designate any different denomination for such bonds. Such bonds shall be numbered from one upwards consecutively, and each bond and coupon shall be signed by the mayor and attested by the city clerk-treasurer; provided, however, that such coupons may, instead of being so signed, have printed thereon the facsimile of the signatures of such officers, and each bond shall have the seal of the city impressed thereon and shall refer to the improvement, to pay for which the same shall be issued, and to the ordinance ordering the same; and provided further, that the city commission may by the ordinance confirming any assessment roll authorize the city clerk-treasurer to purchase, with moneys from any trust fund of the city, warrants issued against the local improvement fund in an amount equal to the amounts unpaid on the assessment rolls in lieu of issuing bonds on such local improvement district as provided in this section. Any money so invested by the city clerk-treasurer in the purchase of local improvement district warrants shall be repaid in the same manner and draw interest at the same rate as would the local improvement district bonds had they been issued.

(Ord. 2557 §13, 1947).

3.20.140 - Terms of bonds –Interest

Such bonds by their terms shall be made payable on or before a date not to exceed ten years from and after the date of the issuance of such bonds, which date may be fixed by resolution or may be fixed by the ordinance confirming the assessment roll. Such bonds shall bear interest at the rate provided by the ordinance ordering the improvement, but not exceeding eight percent per year, such interest to be payable annually. Each bond shall have attached thereto interest coupons for each interest payment.

(Ord. 2557 §14, 1947).

3.20.150 - Form of bonds

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

Local Improvement Bonds, District No. ______ of the City of Olympia, State of Washington.

No. ____.

This bond is issued by virtue of the provisions of Chapter 98, Laws of 1911 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, and acts amendatory thereof.

This bond is guaranteed as provided by Chapter 209, Laws of 1927 of the State of Washington, Section 5 of which act reads as follows:

"Neither the holder nor the owner of any bond or warrant issued under the provisions of this act shall have any claim therefor against the city or town by which the same is issued, except for payment from the special assessments made for the improvement for which said bond or warrant was issued, and except as against the local improvement guaranty fund of such city or town, and the city or town shall not be liable to any holder or owner of such bond or warrant for any loss to the guaranty fund occurring in the lawful operation thereof by the city or town. The remedy of the holder or owner of a bond or warrant in case of non-payment shall be confined to the enforcement of the assessment and to the guaranty fund."

The City of Olympia, a municipal corporation of the State of Washington, hereby promises to pay to bearer ___________, lawful money of the United States, with interest thereon at the rate of ____ percent per annum, payable annually out of the fund established by Ordinance No. _____ of said city, and known as Local Improvement District Fund No. ____ and not otherwise, both principal and interest payable at the office of the City Clerk-Treasurer of said city.

A coupon is hereto attached for each installment of interest to accrue hereon, and said interest shall be paid only on presentation and surrender of such coupons to the City Clerk-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 ____________, _____, and is subject to call by the City Clerk-Treasurer of said city whenever there shall be sufficient money in said Local Improvement District 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 sufficient for the payment of interest on all unpaid bonds of said series. The City Commission of said city, as the 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 proceeds thereof to be applied in part payment of so much of the cost and expense of the improvement of _____________ by _____________ and by doing such other work as may be necessary in connection therewith, under said Ordinance No. _____, as is levied and assessed against the property included in said Local Improvement District and benefited by said Improvement, and the said Local Improvement District Fund No. ____ has been established by Ordinance for said purpose and the holder or holders of this bond shall look only to said fund and the Local Improvement Guaranty Fund for the payment of either the principal or interest on 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 Clerk-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 this 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 ________ 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 Olympia has caused these presents to be signed by its Mayor and attested by its City Clerk, and sealed with its corporate seal this ____ day of ____________, in the year of our Lord, _____.

THE CITY OF OLYMPIA

By __________________________

MAYOR

Attest: _______(Seal)___________

City Clerk

(Ord. 2557 §15, 1947).

3.20.160 - Bond registry

The city clerk-treasurer shall keep in his office a register 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. 2557 §16, 1947).

3.20.170 - Foreclosure of delinquent assessments

A. Whenever in the city on the first day of January of any year two installments of any local improvement assessment are delinquent, or the final installment thereof has been delinquent for more than one year, the city shall, on or before the first day of June of such year, proceed with the foreclosure of all such delinquent assessments of installments or installment thereof, as the case may be, by proceedings in court therefor in an action brought in its own name in the superior court of Thurston County; provided, that the city clerk-treasurer shall mail or cause to be mailed to the person or persons whose name or names appear upon said assessment roll as the owner or owners of any lot, tract or parcel of land at his address as last known to the clerk-treasurer; such notice to be mailed at least thirty days before commencement of any such foreclosure proceedings and shall state the amount due upon each separate lot, tract or parcel of land and the date after which foreclosure proceedings will be commenced. The clerk-treasurer shall file with the clerk of the court at the time of commencement of such proceedings proof of having mailed such notice by affidavit of the party mailing the same; such affidavit shall be conclusive proof of compliance with the above requirements. It shall not be necessary to bring a separate suit for each separate lot, tract or parcel of land or other property or for each separate local improvement district, but all or any part of the property so delinquent under any and all assessment rolls or local improvement districts in the city may be proceeded against in the same action and all or any of the owners or persons interested in any of the property so delinquent may be joined as parties defendant in a single action to foreclose, and all or any liens for such delinquent assessments or installment or installments thereof may be foreclosed in such proceeding.

B. Every such proceeding shall be tried before the court without a jury and shall be initiated by filing with the clerk of the court a certificate of the city clerk treasurer setting forth a description of each such separate lot, tract or parcel of land or other property upon which such assessment or installment or installments is delinquent, the date of the delinquency and the amount thereof including penalty and interest thereon, the name of the owner thereof or that such owner is unknown as appears upon the assessment roll, the number and the date of passage of the ordinance authorizing the improvement, the number and date of passage of the ordinance confirming such assessment roll, and the number of such local improvement district. All such lots, tracts or parcels of land or other property may be include in one certificate. Such certificate shall be prima facie evidence of the regularity and legality of the proceedings connected therewith, and the burden of proof shall be upon the defendants.

C. Upon the filing of such certificate the city clerk treasurer shall, with such legal assistance as the city commission may provide, proceed with such foreclosure by summons served exclusively by publication in one general notice describing the property as the same is described upon the assessment rolls. Such summons shall be published once each week for four successive weeks in the official newspaper of the city, and shall require the defendants and each of them to appear and answer said summons within sixty days from the date of the first publication thereof. The publication of such summons shall be sufficient service thereof on all persons interested in the property described therein. The person or persons whose name or names appear on the rolls as the owner or owners of such property shall be considered and treated as the owner or owners thereof for the purpose of foreclosure, and if upon the assessment roll it appears that the owner or owners of the property are unknown, then the property shall be proceeded against as belonging to an unknown owner or owners, and all persons owning or claiming to own, having or claiming to have an interest therein, are hereby required to take notice of the proceeding and of any and all steps thereunder.

D. In any such proceeding where the owner or parties interested in any particular lot, tract or parcel of land or other property included therein shall suffer a default the court may enter judgment of foreclosure and sale as to such parties and properties so in default and order sale thereof, and the action may proceed as to the remaining defendants and property. The judgment shall specify separately the amount of the assessment or installment or installments thereof, including interest, penalty and costs, chargeable to the several lots, tracts or parcels of land or other property in such proceeding. Such judgment shall have the effect of a separate judgment as to each such lot, tract or parcel of land or other property described in such judgment, and any appeal from such judgment shall not invalidate or delay the judgment except as to the property concerning which the appeal is taken. In entering judgment the court shall decree that such lots, tracts or parcels of land or other property be sold by the city clerk-treasurer to enforce such judgment. Judgment may be entered as to any one or more separate lots, tracts or parcels of land or other property involved in such proceeding, and the court shall retain jurisdiction of the proceedings as to the balance.

E. The laws now or hereafter in force governing appeals from general tax foreclosure judgments shall apply to appeals from judgments had under this act.

F. All sales shall be held at the front door of the city hall and shall be made on Saturday between the hours of nine o’clock in the morning and four o’clock in the afternoon and shall continue from day to day (Sundays and holidays excepted) during the same hours until all lots, tracts or parcels of land or other property are sold. Notice containing a description of the property to be sold shall be given of the time and place where such sale is to take place by publication once each week for two successive weeks in the official newspaper of the city. The date fixed for such sale shall be not less than ninety days after the first publication of such notice. Said notice shall be substantially in the following form:

LOCAL IMPROVEMENT ASSESSMENT SALE: Public notice is hereby given that pursuant to local improvement assessment judgment of the Superior Court of the County of Thurston in the State of Washington, entered the day of ________, ______, in proceedings for foreclosure of local improvement assessment liens upon real property, as per provisions of law, that I shall on the day of ________, _______, at ______ o’clock at the front door of the City Hall in the City of Olympia in the County of Thurston, State of Washington, sell the following described lots, tracts or parcels of land or other property to satisfy the full amount of local improvement assessments, interest, penalty and costs adjudged to be due thereon together with interest accrued on such assessment to the date of sale and costs of sale as follows, to-wit:

(Description of property) (Amount due)

In witness whereof, I have hereunto set my hand this _____ day of ___________, _____.

Treasurer of Olympia, County of Thurston, State of Washington.

G. At such sale each lot, tract or parcel of land or other property shall be sold to the person offering to pay therefor not less than the full amount of the assessments, interest, penalty and costs adjudged to be due thereon, and if no such offer is received shall be sold to the city for such amount. If any bidder to whom any property is stricken off at such sale does not pay the amount of his bid before ten a.m. on the day following the day of such sale, such property shall then be resold, or if the sale is closed, be deemed to have been sold to the city. Any amount received upon such sale in excess of the amount of such assessment, penalty, interest and costs, shall be paid by the city clerk treasurer to the clerk of the court for the benefit of the owner or owners of such property. Where foreclosure of two installments of the same assessment on any lot or tract is sought, the city or town treasurer shall, upon payment of the installment first delinquent, together with interest, penalty, costs and charges, at any time before sale, cause such lot or tract to be dismissed from the action.

H. The purchaser of such property shall take the same subject to the lien of all unpaid general taxes and local improvement assessments other than the particular installment or installments thereof for which the lot, tract or parcel of land or other property was sold.

I. The city clerk-treasurer shall file with the clerk of the court, for deposit with other papers in the foreclosure action, proof of publication of the notice of sale, and a report of sale. The report shall contain the title and number of the action, a description of each lot or tract sold, the amount for which the same was sold, the date of sale thereof, and the name of the purchaser.

J. The city clerk-treasurer shall execute and deliver to a purchaser a certificate of purchase. All lots or tracts sold to the city on the same day may be included in one certificate of purchase. The certificate shall be dated as of the date of the sale, contain the name of the owner as given on the assessment roll, a description of each lot or tract of land and the amount for which the same was sold, a brief designation of the improvement for which the assessment was levied, the name of the purchaser, a statement that the purchaser, his successor or assigns, will be entitled to a deed at the expiration of the period of redemption provided for herein unless redemption be made, and shall be signed by the clerk-treasurer.

K. A certificate of purchase may be assigned by a written assignment, signed by the assignor and acknowledged in the same manner and before the same officers as provided for deeds. Certificates of purchase and assignments thereof may be recorded in the office of the auditor of the county wherein the land affected is situate.

L. Any lot or tract hereafter so sold shall be subject to redemption within two years from the date of sale. Redemptions may be made by the parties designated in, and shall be governed by, the statutes now or hereafter enacted which are applicable to redemptions from sales made under decrees foreclosing mortgages on real property; provided, the terms judgment debtor, or his successor in interest, as used in said statutes, shall be deemed and held, for the purpose of this section, to include an owner or a vendee; provided further, that the city clerk-treasurer shall perform the duties imposed by said statutes upon the sheriff.

M. Where the time for redemption shall have expired and no redemption shall have been made, the city clerk treasurer shall execute and deliver to the purchaser, his successor or assigns, of any lot a local improvement assessment deed. All property conveyed to the city may be included in one deed. Such deed shall be prima facie evidence that the property therein described was assessed according to and as required by law, that the assessment was not paid, that the property was sold as required by law, that it was not redeemed, that the person executing the deed was the proper officer, and shall be conclusive evidence of the regularity of all other proceedings from the assessment up to and including the execution of the deed, and shall be recorded in the same manner as other conveyances of real property, and shall vest in the grantee, his heirs and assigns, the fee simple title to the property therein described without further acknowledgment or evidence of such conveyance, and shall be substantially in the following form:

LOCAL IMPROVEMENT ASSESSMENT DEED

State of Washington)

) SS

County of Thurston )

This indenture, made this ______ day of _____________, ________ between ___________ as Treasurer of the City of Olympia, Thurston County, State of Washington, party of the first part, and ___________________, party of the second part.

Witnesseth, that, whereas, at a public sale of real property held on the ________ day of _______, ______ pursuant to a real property local improvement assessment judgment entered in the Superior Court in the County of Thurston, on the ______ day of ______________, in proceedings to foreclose local improvement assessment liens upon real property, the real property hereinafter described was duly sold, and the said party of the second part is now entitled to a deed to said real property.

Now, therefore, Know Ye, that the party of the first part, in consideration of the premises and by virtue of the statutes of the State of Washington in such cases provided, does hereby grant and convey unto the party of the second part, his heirs and assigns forever, the following described real property in the County of Thurston, State of Washington, to-wit:

(Here insert description of real property conveyed.)

This deed is subject to the lien of all unpaid general taxes and local improvement assessments, other than the particular installment or installments thereof for which the judgment aforesaid was entered.

Given under my hand this _____ day of _________________, _______,

Treasurer of Olympia, Thurston County, State of Washington.

(Ord. 2557 §17, 1947).

3.20.180 - General city foreclosures –Proof, judgement, sales

(R.R.S. 9386-1) (RCW Chapter 35.50): In lieu of the mode of procedure prescribed by Section 9386 (RCW Chapter 35.50), any city or town may by ordinance authorize and direct that foreclosure of the installments described in said section of the assessments for any one or more local improvement districts be conducted as follows:

A. The city may foreclose the lien of said delinquent installments or installment in an action brought in the county of Thurston. All or any of the lots or tracts subject to the lien of the delinquent installments or installment of an assessment for one local improvement district may be proceeded against in the same action, and all parties owning or claiming to own, having or claiming to have any interest in or lien upon the lots or tracts impleaded in such action, and all parties unknown, shall be made defendants thereto

B. Such action shall be tried before the court without a jury. The action shall be initiated by the filing of a complaint, It shall be sufficient to allege the passage of the ordinance authorizing the improvement, the making of the improvement, the levying of the assessment, the confirmation thereof, the date of delinquency of the installment or installments of the assessment, and that the same had not been paid prior to delinquency or at all.

C. The assessment roll and confirmatory order, or duly authenticated copies thereof, shall be prima facie evidence of regularity and legality of the proceedings connected therewith, and the burden of proof shall be upon defendants.

D. Where the owners and parties interested in any particular lot or tract shall default, the court may enter judgment of foreclosure and sale as to such parties and lots or tracts, and the action may proceed as to the remaining defendants and lots or tracts. The judgment shall specify separately the amount of the installment or installments, with interest, penalty, and costs chargeable to each lot or tract. The judgment shall have the effect of a separate judgment as to each lot or tract described in the judgment and any appeal shall not invalidate or delay the judgment except as to the property concerning which the appeal is taken. In the judgment the court shall order the lots or tracts therein described sold, and an order of sale shall issue pursuant thereto for the enforcement of the judgment. Judgment may be entered as to any one or more separate lots or tracts involved in the action, and the court shall retain jurisdiction of other properties.

E. All sales shall be subject to the right of redemption within two years from date of sale. The service of summons, and all proceedings except as otherwise prescribed herein, including appeal, order of sale, sale, redemption, and issuance of deed, shall be governed by the statutes now or hereafter in force relating to the foreclosure of mortgages on real property. For the purpose of this section the terms judgment debtor or successor in interest in the statutes governing redemption shall be deemed and held to include an owner or a vendee.

(Ord. 2557 §18, 1947).

3.20.190 - Call and payment of bonds and warrants

A. Should the city clerk-treasurer, in his judgment, deem it wise and for the best interests of the city and the local improvement district concerned, and if the ordinance setting up the assessment roll so specifies, he may retire all warrants issued to cover the expense of the local improvement district by issuing, in redemption thereof, a series of local improvement district bonds in such sum as will retire all warrants issued, together with interest accruing thereon up to the date of the availability of the proceeds of the bond issued.

B. It shall be the duty of the city clerk-treasurer to call and pay in numerical order such outstanding bonds or warrants against any particular improvement fund as he may be able to pay with the money on hand credited to such fund, and whenever he shall have money on hand to the credit of such fund, but not sufficient to pay the whole of the next succeeding outstanding bond or warrant, he may call in and pay such portion thereof as shall exhaust the amount of such fund.

C. Whenever the city clerk-treasurer shall pay a portion of any bond or warrant as provided above, he shall endorse upon such bond or warrant the date and amount of such payment and take a receipt from the holder thereof, showing the number and description of such bond or warrant and the date, and amount so paid, which receipt the clerk-treasurer shall return with his report as a voucher for the money so paid.

(Ord. 2557 §19, 1947).

3.20.200 - Local improvement contracts

A. All contracts for public improvements shall provide that at least fifteen percent of the amount due the contractor on estimates shall be retained to secure payment for labor performed thereon and material men who have furnished materials therefor, and such labor and material men shall for thirty days after their work has been completed have a lien on such fifteen percent so reserved for labor done and materials 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-treasurer a statement signed by him declaring the same to have been completed.

B. During the time allowed in the contract the city engineer shall, on the last day of each month, issue an estimate of the amount of work completed during the month by the contractor, but shall after the date set for the completion of the contract furnish no estimate other than the final estimate issued after the completion of the work. Such final estimate issued by the city engineer shall include, in addition to a statement of the amount of money due the contractor, a statement of the amount of money due the city, same being the sums expended for abstracts, publishing, advertising lot ownerships and engineering prior to the date set for the completion of the contract, and the estimate shall also include the additional description charges specified in Section 3.20.230, all of which charges shall be paid as specified therein. 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.

C. The city clerk-treasurer shall, upon order of the city commission, following the issuance of the estimate of 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 and shall bear interest at an amount to be fixed by the ordinance affirming the assessment roll; provided, that such interest shall accrue only from the date of the warrant to the date bonds are issued in redemption thereof, if bonds are to be issued, otherwise interest shall continue to accrue until warrants are paid.

D. The fifteen percent required to be held as a reserve to protect labor and material men for thirty days after the final completion of the improvement shall, at the expiration of such period, be paid to the contractor in warrants so far as the same shall be free from liens, which warrants shall bear interest from date of final acceptance of such work by the city engineer and the city commission as outlined above. Immediately upon ascertaining the final estimate for any local improvement, the city engineer shall file with the city clerk-treasurer a certificate setting forth the total amount of the final estimate together with any accrued interest on warrants issued or to be issued to the contractor.

(Ord. 2557 §20, 1947).

3.20.210 - Contracts to lowest and best bidder –Notice check with bid

The city commission may provide that all the work to be done in any local improvement district shall be let in one contract, or at its option it may provide that the work in any local improvement district be subdivided and separate and distinct contracts be let for each subdivision thereof. All public improvements to be made by contract shall be let to the lowest and best bidder therefor. Before awarding any such contract, or contracts, the city commission shall cause to be published, in the official newspaper of the city a notice, where the expenditure required is less than five thousand dollars, by four successive publications, the first publication to be at least seven days before the letting of such contract or contracts, inviting sealed proposals for such work, the plans and specifications whereof must, at the time of the publication of such notice, be on file in the office of the city clerk-treasurer, subject to public inspection. Such notice shall state generally the work to be done, and shall call for proposals for doing the same, to be sealed and filed with the city clerk-treasurer on or before the day and hour named therein. All bids shall be accompanied by a certified check, payable to the order of the city clerk-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 check.

(Ord. 2557 §21, 1947).

3.20.220 - Opening bids –Acceptance and rejection

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. The city commission shall proceed to determine the lowest and best 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 and in such case all checks shall be returned to the bidders by the city clerk-treasurer; but if the contract is let, then, and in such case, all checks 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 be filed in the office of the city clerk-treasurer. If the bidder fails to enter into such contract in accordance with his bid within ten days from the date at which he is notified that he is the successful bidder, the city clerk-treasurer shall stamp across the face of the certified check, "Forfeited to the City of Olympia . . . . . . . . . . . City Clerk," and shall endorse and deliver the same to the city clerk treasurer to be deposited in the city treasury to the credit of the proper local improvement fund, and the city commission shall readvertise for proposals for such work. The city commission shall not have the power to remit such forfeiture.

When the city has advertised for competitive proposals and received no satisfactory bids for any improvement contemplated, the city commission may reject all bids presented and readvertise in their discretion, or, if in the judgment of the commission, such work can be performed, or supplies or materials furnished by the city independent of contract, cheaper than under the lowest bid submitted, it may, after having so advertised and examined the bids, cause such work to be performed or supplies or materials to be furnished and independent of contract.

(Ord. 2557 §22, 1947).

3.20.230 - Subdistricts authorized

Whenever the city commission shall provide for the construction of any trunk sewer, it may divide the territory to be served thereby into subdistricts; the construction of such improvement may be made under separate contracts for such subdistricts thereof and the city commission may levy assessments in each subdistrict and issue bonds to be paid by the collection of assessments against property in each subdistrict independent of any other subdistrict; provided, however, that such subdistrict shall be set forth in the ordinance providing for such improvement and when it is proposed to pay any portion of the cost of such improvement from the general fund, such ordinance shall specify approximately the amount to be apportioned to each subdistrict.

(Ord. 2557 §23, 1947).

3.20.240 - City’s contribution to be specified in ordinance

Every ordinance ordering any improvement as provided for in this chapter, shall declare what, if any, portion or proportionate amount of such cost and expense shall be borne by the city out of any of its general funds, and shall direct that the remainder of such cost and expense be assessed against the property within the district in the manner provided by law.

(Ord. 2557 §24, 1947).

3.20.250 - Items of cost

In making an estimate of the cost and expense of any improvement as provided in this chapter, the city engineer shall include therein the estimated cost and expense of the engineering and surveying necessary for the improvement to be done by and under his direction and also the cost of ascertaining the ownership of lots and parcels of land included in the assessment district and the cost of advertising and publishing all notices required to be published, such figures to be revised when the assessment roll is being prepared, so as to include all actual costs and expenses incurred on the local improvement concerned, and also add a charge against each description of property upon any assessment roll the following sum: one dollar minimum per description, with an additional one dollar minimum per description for each installment year of the district; which sum in each particular case will be the charge for the cost of the accounting, clerical labor, books, and blanks incurred by the city clerk-treasurer in connection with such assessment, and in addition thereto, the final estimate shall include a sum of money sufficient to pay all accruing interest on warrants issued during construction or progress of the improvement, from date of issuance to ninety days after completion of the improvement, or until the assessments on the assessment roll commence to draw interest, whichever is longer. As soon as all of the above-specified charges have been ascertained and included in the engineer’s final progress estimate, the total amount thereof, with the exception of the interest item mentioned, shall be set forth in detail on a claim voucher drawn against the local improvement district, in favor of the current expense fund, of the city, and upon being audited and approved in the proper manner the same shall be ordered paid and the city clerk-treasurer shall draw a warrant in favor of the current expense fund, in full reimbursement of all advances made or to be made by the city for the benefit of the improvement.

The interest item mentioned above is to be retained in the local improvement district fund to meet the accruing interest on the warrants issued during the construction of the project.

(Ord. 2557 §25, 1947).

3.20.260 - Installment notes and certificates

A. In addition to the issuance of bonds and warrants in payment of the cost and expense of any local improvement, the city may also issue installment notes payable out of the local improvement district fund, where such notes are to be sold exclusively to another fund of the same municipality as an investment thereof. Such installment notes may be issued any time after the thirty-day period allowed by law for the payment of assessments of any district without penalty or interest, and may bear any denomination or denominations, the aggregate of which shall represent the balance of the cost and expense of the local improvement district which is to be borne by the property owners therein.

B. Application of local improvement district funds for the reduction of the principal and interest amounts due on any notes as provided herein to finance the improvement shall be made not less than once each year beginning with the issue date thereof. If more than one local improvement installment note is issued for a single district, the notes shall be numbered consecutively. All notes issued shall bear on the face thereof:

1. The name of the payee;

2. The number of the local improvement district from whose funds the notes are payable;

3. The date of issue of each note;

4. The date on which the note, or the final installment thereon shall become due;

5. The rate of interest, not to exceed eight percent, to be paid on the unpaid balance thereof; and

6. Such manual or facsimile signatures and attestations as are required by state statute or city ordinance to appear on the warrants of the city.

C. The reverse side of each installment note issued pursuant to this section shall bear a tabular payment record which shall indicate at prescribed installment dates, the receipt of any local improvement district funds for the purpose of servicing the debt evidenced by the notes. Such receipts shall first be applied toward the interest due on the unpaid balance of the note, and any additional moneys shall thereafter apply as a reduction of the principal amount thereof. The tabular payment record shall, in addition to the above, show the unpaid principal balance due on each installment note, together with sufficient space opposite each transaction affecting the note for the manual signature of the clerk treasurer or other properly designated receiving officer of the city.

D. Whenever there are insufficient funds in a local improvement district to meet any payment of installment interest due on any note herein; a noninterest-bearing defaulted installment interest certificate shall be issued by the city clerk-treasurer which shall consist of a written statement certifying the amount of such defaulted interest installment; the name of the payee of the note to whom the interest is due and the number of the local improvement district from whose funds the note and interest thereon is payable. The certificate herein provided shall bear the manual signature of the city clerk-treasurer or his authorized agent. The defaulted installment interest certificate so issued shall be redeemed for the face amount thereof with any available funds in the local improvement guaranty fund.

E. Whenever at the date of maturity of any installment note issued pursuant to this section, there are insufficient funds in a local improvement district, due to delinquencies in the collection of assessments, to pay the final installment of principal due thereon, the note shall be redeemed with any available funds in the local improvement guaranty fund for the amount of the final installment.

F. All certificates and notes issued pursuant to this section are to become subject to the same redemption privileges as apply to any local improvement district bonds and warrants now accorded the protection of the local improvement guaranty fund as provided in RCW Chapter 35.54, and whenever the certificates or notes issued as provided herein are redeemed by the local improvement guaranty fund, they shall be held therein as investments thereof in the same manner as prescribed for other defaulted local improvement district obligations.

(Ord. 3209 §1, 1961).

3.20.270 - Acceleration of installment payments

Where in the formation of any local improvement district by the city commission, it shall be provided that payment of the local improvement assessments may be made in installments over a period of years, such installment payment provisions shall be subject to acceleration upon the following conditions:

Upon failure to make payment of any installment provided for in the local improvement assessment ordinance when due, the entire assessment, including deferred installments thereon, shall become due and payable and the collection thereof may be enforced in the manner prescribed for the collection of local improvement assessments; provided, however, that payment of such delinquent installment or installments due, together with interest, penalty and cost, at any time before the entry of judgment in foreclosure as provided by law, shall extend the time of payment on the remainder of the assessment the same as if there had been no delinquency or foreclosure.

(Ord. 2716 §1, 1951).

3.20.280 - Deferral of payments –Authorized by ordinance

In any case where an ordinance authorizing a local improvement so provides, the collection of payment of any or all local improvement district assessments payable by economically disadvantaged persons may be deferred for a period of time not extending past the date established in the ordinance for payment of the final assessment.

(Ord. 4562 §1(part), 1984).

3.20.290 - Deferral of payments –Applicants

Applicants for deferral of payments hereunder may be property owners or other persons who, under the terms of a recorded contract of purchase, recorded mortgage, recorded deed of trust, or recorded lease are responsible under penalty of forfeiture, foreclosure or default as between vendor/vendee, mortgagor/ mortgagee, trustor/trustee, and grantee, and beneficiary and lender, or lessor and lessee for the payment of local improvement district assessments.

(Ord. 4562 §1(part), 1984).

3.20.300 - Deferral of payments –Economically disadvantaged defined

Any applicant for deferral of payment hereunder must qualify as economically disadvantaged. For the purposes of this chapter, a person shall be deemed to be economically disadvantaged if such person meets the qualifications of the definition of "Low and Moderate Income Families in the State of Washington," as defined by the United States Department of Housing and Urban Development from time to time.

(Ord. 4562 §1(part), 1984).

3.20.310 - Deferral of payments –Determination of eligibility –Appeal

All applications for deferral of payments hereunder shall be made to the city manager upon such forms as he/she may prescribe, and the city manager shall make all determinations as to eligibility. In the event any person is aggrieved by any decision of the city manager hereunder, he/she may appeal such decision by notice in writing to the city council, which shall hear and finally determine such appeal upon reasonable notice to the appellant.

(Ord. 4562 §1(part), 1984).

3.20.320 - Payment required by designated date

Nothing under this chapter shall be deemed to forgive payment of any local improvement district assessments which, in any event, shall be due (inclusive of principal and all accrued interest) no later than the date established in the ordinance creating the LID for payment of the final assessment. Any delinquent local assessments may be foreclosed in the manner provided by law.

(Ord. 4562 §1(part), 1984).