Chapter 3.32
LOCAL IMPROVEMENTS*
Sections:
3.32.010 Administration of LID and ULID proceedings.
3.32.020 LID and ULID petitions to be filed with city clerk.
3.32.030 Officer designated to make preliminary estimates.
3.32.040 Penalty for delinquent assessments and installments.
3.32.050 Commencement of foreclosure proceedings.
3.32.060 Acceleration of installments.
3.32.070 Maintenance and operation of the guaranty fund – General.
3.32.080 Minimum balance prescribed for the guaranty fund.
3.32.090 Use of guaranty fund to pay local improvement district obligations.
3.32.100 Use of guaranty fund to pay arbitrage rebate.
3.32.170 Repealed.
3.32.180 Assessments – Collection and recordkeeping by clerk-treasurer – Segregation restricted.
3.32.190 Assessments – Segregation authorized when.
3.32.200 Assessments – Fee for segregation.
* For statutory provisions on local improvements, see Chapters 35.43 – 35.56 RCW; for provisions on local improvement guaranty funds, see Chapter 35.54 RCW.
3.32.010 Administration of LID and ULID proceedings.
The city shall administer and prosecute all proceedings related to its local improvement districts and utility local improvement districts in substantial compliance with the laws of the state of Washington, including Chapters 35.43 through 35.54 RCW, as the same may be amended from time to time. No city action taken in substantial compliance with then-applicable state statutes ever shall be invalidated for failure to comply with any provision of this chapter. (Ord. 934 § 2, 2000).
3.32.020 LID and ULID petitions to be filed with city clerk.
Any petitions required by Chapter 35.43 RCW (or any successor statutes) to be filed with the city to initiate the formation of a local improvement district or utility local improvement district shall be filed with the city clerk (or such city officer who may hereafter assume the duties of the city clerk). (Ord. 934 § 3, 2000).
3.32.030 Officer designated to make preliminary estimates.
The mayor is designated as the city’s officer responsible for taking, or causing to be taken, such actions as are required to be taken by RCW 35.43.130, as such statute may be amended from time to time. (Ord. 934 § 4, 2000).
3.32.040 Penalty for delinquent assessments and installments.
Each assessment or installment thereof that is collected by the city pursuant to Chapter 35.49 RCW shall be subject, at the time of delinquency, to a charge of 12 percent penalty levied on both principal and interest due upon that installment. (Ord. 934 § 5, 2000).
3.32.050 Commencement of foreclosure proceedings.
All assessment lien foreclosure proceedings initiated by the city under Chapter 35.50 RCW shall be commenced for purposes of RCW 35.50.030 on or before March 1st of each year; provided, any delay in commencing an assessment lien foreclosure proceeding beyond March 1st in any given year shall not preclude the city from commencing such proceeding on any date thereafter, and for purposes of RCW 35.50.030, such later date shall be deemed to be the other date fixed by general ordinance pursuant to RCW 35.50.030. (Ord. 934 § 6, 2000).
3.32.060 Acceleration of installments.
Upon the failure to pay the city any installment of a local improvement district assessment, when due, the entire assessment shall be due and payable as of the date of such delinquency, and the collection thereof enforced by foreclosure pursuant to Chapter 35.50 RCW. (Ord. 934 § 7, 2000).
3.32.070 Maintenance and operation of the guaranty fund – General.
The city shall maintain and operate its guaranty fund in accordance with the laws contained in Chapter 35.54 RCW and such other laws that specifically or generally apply to the guaranty fund or obligations secured thereby, as the same may be amended from time to time. Obligations guaranteed by the guaranty fund shall include, in addition to those obligations referred to in Chapter 35.54 RCW, obligations issued under Chapter 39.50 RCW in anticipation of the issuance of local improvement district bonds. (Ord. 934 § 8, 2000).
3.32.080 Minimum balance prescribed for the guaranty fund.
The city shall maintain a balance in the guaranty fund during each calendar year that is at least equal to the interest scheduled to come due on all outstanding obligations guaranteed by the guaranty fund during the following calendar year. Notwithstanding the foregoing, the city council may, with respect to the obligations issued on account of any local improvement district, require by ordinance that the minimum balance in the guaranty fund on account of such obligations be greater than is otherwise required by the preceding sentence. (Ord. 934 § 9, 2000).
3.32.090 Use of guaranty fund to pay local improvement district obligations.
If, prior to an interest payment date of obligations secured by the guaranty fund, the city treasurer (or other city official then responsible for overseeing the city’s funds and accounts) determines that there is insufficient money in the local improvement fund or other fund or account established to pay debt service on those obligations to pay the interest or principal and interest scheduled to come due on that interest payment date, then the city treasurer (or other city official then responsible for overseeing the city’s funds and accounts) shall withdraw from the guaranty fund and apply an amount sufficient to pay that deficiency on that interest payment date. To the extent the amount available in the guaranty fund on such interest payment date is not sufficient to cure the deficiency, the city treasurer (or other city official then responsible for overseeing the city’s funds and accounts) shall issue interest bearing warrants drawn on the guaranty fund as prescribed by statute. This section is intended to supplement Chapter 35.54 RCW and to prevent defaults in the payment of obligations secured by the guaranty fund. (Ord. 934 § 10, 2000).
3.32.100 Use of guaranty fund to pay arbitrage rebate.
To the extent that the city is required by Section 148 of the Internal Revenue Code of 1986, as amended, or any successor federal law, to make arbitrage rebate payments to the U.S. Treasury on account of the investment of the guaranty fund, such payments may be made from amounts on deposit in the guaranty fund. The city may establish subaccounts within the guaranty fund from time to time, if necessary or desirable for purposes of accounting for the investment of money therein. (Ord. 934 § 11, 2000).
3.32.110 Ratification.
All acts heretofore taken by the city in connection with the formation of its local improvement districts and utility local improvement districts, the levying, collection and enforcement of special assessments therein, and the operation and maintenance of the guaranty fund, are ratified and approved. (Ord. 934 § 12, 2000).
3.32.120 Payment by bonds.
Repealed by Ord. 934. (Ord. 22 § 7, 1923).
3.32.130 Notice of assessments becoming due and payable.
Repealed by Ord. 934. (Ord. 22 § 8, 1923).
3.32.140 Bond – Form.
Repealed by Ord. 934. (Ord. 22 § 9, 1923).
3.32.150 Bond – Registry kept by clerk-treasurer.
Repealed by Ord. 934. (Ord. 22 § 10, 1923).
3.32.160 Warrants – Issuance.
Repealed by Ord. 934. (Ord. 22 § 11, 1923).
3.32.170 Warrants – Call and payment procedure.
Repealed by Ord. 934. (Ord. 22 § 12, 1923).
3.32.180 Assessments – Collection and recordkeeping by clerk-treasurer – Segregation restricted.
Pursuant to Chapters 35.49 and 30.50 RCW, the city clerk-treasurer is authorized to collect and receive from any owner or owners of any subdivision or subdivisions of any lot, tract or parcel of land upon which a local improvement assessment has been or may hereafter be made such portion of the assessment or assessments levied or to be levied against such lot, tract or parcel of land in the payment of the local improvement, in accordance with the requirements and provisions of law, and the ordinances of the city in force at the time the original charge or assessment was made, together with a similar proportion of any penalties, interest or costs which have accrued; and, upon making such collection upon any such subdivision, the city clerk-treasurer shall note such collections upon the assessment records and give receipt for such certified proportion of the assessment as and for the assessment levied upon and due from the subdivision; provided, that neither this section nor SLMC 3.32.190 and 3.32.200 shall authorize the segregation of any assessment which has been delinquent for a period of two years or more, or in any case where it appears that such property as segregated is not sufficient security for the payment of the assessment. In such instance, the city clerk-treasurer shall determine such question of fact. (Ord. 1025 § 1, 2005; Ord. 266, 1955).
3.32.190 Assessments – Segregation authorized when.
Whenever, on account of the filing of a plat or replat or on account of a sale or contract to sell or other proper evidence of the change of ownership of a divided portion of any lot, tract or parcel of land assessed for local improvements, it appears to be to the best interest of the city to segregate such assessment, the city council be resolution shall direct the clerk-treasurer to make such segregation as provided in Chapter 35.44 RCW, and upon the payment of the fee provided for in SLMC 3.32.200. (Ord. 1025 § 1, 2005; Ord. 266, 1955).
3.32.200 Assessments – Fee for segregation.
A fee of $100.00 per description shall be charged for each description added to the assessment roll by such certificate of the city engineer or the engineer of the LID, such fee to be paid to the city clerk-treasurer and shall be deposited in the general fund. (Ord. 1025 § 1, 2005; Ord. 266, 1955).