Chapter 3.12
CREATION, ADMINISTRATION AND FINANCING OF LOCAL IMPROVEMENT DISTRICTS
Sections:
3.12.010 RCW chapters adopted by reference.
3.12.020 Duties of various city officials.
3.12.030 Petitions—Notice of presentment.
3.12.040 Sidewalks—Notice of resolution.
3.12.050 Warrants—Rate of interest.
3.12.060 Delinquent installments—Penalties.
3.12.070 Foreclosure of delinquent assessments.
3.12.010 RCW chapters adopted by reference.
Chapters 35.43, 35.44, 35.48, 35.49, 35.50, 35.53, 35.54, 35.55 and 35.56 RCW, as they are as of the effective date of the ordinance codified in this chapter and as thereafter amended, are adopted by reference. (Ord. 1407 § 7 (part), 2014: Ord. 713 52, 1984).
3.12.020 Duties of various city officials.
Unless otherwise ordered by the mayor, the following city officials will perform the duties indicated with respect to the creation, administration and financing of all local improvement districts of the city:
(a) City Clerk. The city clerk is responsible for receiving all petitions for the creation of local improvement districts, giving all required public notices and placing all matters upon the agenda for council consideration.
(b) City Consulting Engineer. The city’s consulting engineer prepares all assessment rolls and preliminary assessment rolls, determines the sufficiency of all petitions for the creation of a local improvement district, and is in charge of the physical construction of the public works authorized by this chapter.
(c) Finance Officer. The finance officer performs all the duties required by Chapters 35.43 through 35.56 RCW, inclusive: negotiates, obtains and administers all short term financing and otherwise administers all the financing provisions of local improvement and transportation benefit districts including, but not limited to, the maintenance and administration of assessment rolls, the guarantee fund, bonds and warrants and property acquired by foreclosure, and superintends foreclosure of all delinquent assessments.
(d) Mayor. The mayor has overall responsibility for local improvements by the city, and in all cases not specifically covered by law, ordinance or resolution, determines the proper means of administering such local improvements. (Ord. 1407 § 7 (part), 2014: Ord. 713 § 3, 1984).
3.12.030 Petitions—Notice of presentment.
Whenever a petition for the creation of a local improvement district is filed with the city clerk, the city consulting engineer will, with due diligence, proceed to determine the sufficiency thereof and prepare the preliminary assessment rolls for submission to the city council, but when he determines that the petition is not sufficient, he will return it to the petitioners. When he finds that the petition is sufficient and has completed the preparation of the preliminary assessment rolls, he will forward it to the city clerk who will place it upon the agenda for creation of a local improvement district and give notice thereof in the same manner as required for the local improvement district initiated by resolution. The notice must apprise all persons interested that they may appear and express their views concerning creation of the district. (Ord. 1407 § 7 (part), 2014: Ord. 713 § 4, 1984).
3.12.040 Sidewalks—Notice of resolution.
Prior to the passage of any resolution providing for the construction, reconstruction or repair of any sidewalk or related public work, as provided in Chapter 35.68, 35.69 or 35.70 RCW, the city clerk must give notice of the proposed resolution to abutting property owners by mailing a copy to them within a reasonable time prior to the hearing. (Ord. 1407 § 7 (part), 2014: Ord. 713 § 5, 1984).
3.12.050 Warrants—Rate of interest.
Warrants drawn upon any local improvement district fund and all other short term financing of local improvement districts will bear interest at a rate not to exceed twelve percent per year unless otherwise specifically authorized by ordinance. (Ord. 1407 § 7 (part), 2014: Ord. 713 § 6, 1984).
3.12.060 Delinquent installments—Penalties.
Whenever any annual or other installment upon any local improvement assessment shall become delinquent, each of such delinquent installments remaining unpaid at the date of delinquency, shall have added thereto a penalty equal to the rate of interest provided by ordinance for the bonds or warrants plus five percent, and shall draw interest at the same rate as is provided by ordinance for the bonds or warrants issued in payment or part payment of such local improvement. (Ord. 1407 § 7 (part), 2014: Ord. 713 § 7, 1984).
3.12.070 Foreclosure of delinquent assessments.
When any local improvement district assessment is payable in installments, upon failure to pay any installment due, the entire assessment becomes immediately due and payable, and the collection thereof will be enforced by foreclosure. The payment of all delinquent installments, together with interest, penalty and costs at any time before the entry of judgment in foreclosure, extends the time of payment of the remainder of the assessments as if there had been no delinquency or foreclosure. Foreclosure proceeding may be commenced at any time prior to March 1st. In case of foreclosure there shall be added to the costs and expenses provided by Chapter 35.50 RCW, such reasonable attorneys fees as the court may adjudge to be equitable, and the amount thereof apportioned to each delinquent assessment or installment appearing on the roll. (Ord. 1407 § 7 (part), 2014: Ord. 713 § 8, 1984).