Title 15
LOCAL IMPROVEMENTS – PUBLIC WORKS

Chapters:

15.04 Local Improvements

15.08 Adoption of Certain Water and Sewer Utility Regulations

Chapter 15.04
LOCAL IMPROVEMENTS

Sections:

15.04.010 Procedure – State statute.

15.04.020 Methods of initiation – Petition and resolution.

15.04.030 Petition method – When used.

15.04.040 Contents of petition.

15.04.050 Filing petitions.

15.04.060 Determining sufficiency of petition – Preliminary estimate, roll and report.

15.04.070 Valuation of tax exempt property.

15.04.080 Resolution method.

15.04.090 Official’s duties.

15.04.100 Estimate of costs.

15.04.110 Notice of hearing on resolution of intention.

15.04.120 Hearing on resolution of intention.

15.04.130 Protests.

15.04.140 Ordinance creating local improvement district.

15.04.150 Preliminary roll – Filing.

15.04.160 Notice of hearing on assessment roll.

15.04.170 Assessment roll – Hearing.

15.04.180 Objections to assessment roll.

15.04.190 Assessment roll – Amendment.

15.04.200 Improvements by contract or city employees.

15.04.210 Cost assessed property benefited.

15.04.220 Bonds – Maximum amount – Time of issuance.

15.04.230 Bonds – Issuance – Due date and interest.

15.04.240 Bonds – Issuance – Proceeds.

15.04.250 Warrants.

15.04.260 Funds.

15.04.270 Notice of payment due.

15.04.280 Assessment payments – Penalty.

15.04.290 Acceleration of payments.

15.04.300 Foreclosure of assessment lien.

15.04.310 Treasurer’s report.

15.04.320 Form of bond.

15.04.330 Effective state laws.

15.04.340 Collection and segregation of assessments.

15.04.350 Segregation fees.

15.04.360 Local improvement guaranty fund.

15.04.370 Use of fund.

15.04.380 Warrants against guaranty fund.

15.04.390 City to hold warrants paid from guaranty fund.

15.04.400 Interest to be paid into guaranty fund.

15.04.410 Claims against city.

15.04.420 Copy of BCC 15.04.410 printed on bonds.

15.04.010 Procedure – State statute.

Whenever the city council shall provide for making local improvements and utility 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 Chapter 35A.43 RCW, and the provisions of this chapter and ordinances amendatory thereof. (Ord. 2096 § 2, 1974; 1961 code § 10.12.020.)

15.04.020 Methods of initiation – Petition and resolution.

Any such improvement may be initiated either upon petition properly signed by the owners of property aggregating a majority of the lineal frontage of the improvement and of the area within the proposed district, or by the resolution of the city council, subject to the restrictions of BCC 15.04.030, but such improvement may be ordered only by ordinance, as provided in BCC 15.04.140. (Ord. 2096 § 3, 1974; 1961 code § 10.12.030.)

15.04.030 Petition method – When used.

A. Required Use. A petition must be used to initiate proceedings to establish a local improvement district when payable in whole or in part by special assessments which include a charge for the cost and expense of furnishing electrical energy for street lighting, which petition must be signed by the owners of two-thirds of the lineal frontage upon the improvement to be made and of two-thirds of the area within the proposed district.

B. Optional Use. A petition, signed by the owners of the property aggregating a majority (1) of the lineal frontage upon the improvement and (2) of the area within the proposed district, may be used to initiate a proceeding for the creation of a local improvement district. (Ord. 2096 § 4, 1974; 1961 code § 10.12.040.)

15.04.040 Contents of petition.

In the event that the improvement is initiated by petition, such petition shall set forth the nature and territorial extent of the proposed improvement, the mode of payment and what portion of the lineal frontage upon the improvement and upon the area within the proposed district is owned by the petitioners as shown by the records of the office of the county auditor. If any of the property within the area of the proposed district stands in the name of a deceased person, or any person for whom a guardian has been appointed and not discharged, 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 the petition. (1961 code § 10.12.050.)

15.04.050 Filing petitions.

The petition must be filed with the city clerk who shall give notice thereof to the hearing examiner. (Ord. 4079 § 1, 1989; Ord. 2096 § 5, 1974; 1961 code § 10.12.060.)

15.04.060 Determining sufficiency of petition – Preliminary estimate, roll and report.

After making proper record of the filing of such petition, the clerk shall forward the same to the official designated by the city manager who shall thereupon examine the petition, determine the sufficiency thereof and ascertain if the facts therein stated are true and shall cause an estimate of the cost and expense of such proposed improvement to be made and shall certify and transmit same to the hearing examiner together with all papers and information in his possession touching the proposed improvement, a description of the boundaries of the district, a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district and a statement of the aggregate actual valuation of real estate, including 50 percent of the actual valuation of the improvements in the proposed district according to the valuation last placed upon it for the purposes of general taxation, together with a statement in detail of outstanding and unpaid local improvement assessments (excluding penalties and interest), against the property included in the district. In case the said petition is sufficient, the designated official shall also submit a diagram showing thereon the lots, tracts, parcels of land and other property which will be specially benefited thereby and the estimated amount of the costs and expense of such improvement to be borne by each lot, tract or parcel of property. (Ord. 4079 § 2, 1989; Ord. 2096 § 6, 1974; 1961 code § 10.12.070.)

15.04.070 Valuation of tax exempt property.

For the purpose of estimating and levying local improvement assessments, the value of property of the United States, of the state of Washington, or of any county, school district or other public corporation whose property is not assessed for general taxes, shall be computed according to the standards afforded by a similarly situated property which is assessed for general taxes. (1961 code § 10.12.080.)

15.04.080 Resolution method.

Any local improvement to be paid for in whole or in part by the collection and levying of assessments upon the property within the proposed local improvement district may be initiated by a resolution of the city council, declaring its intention to order the improvement, setting forth the nature and territorial extent of the improvement, fixing the time for hearing thereon and notifying all persons who may desire to object thereto to appear and present their objections.

In case of trunk or sub-sewers or trunk water mains, laterals, dikes or other structures to protect the city from overflow, or to improve watercourses or other drainage channels or auxiliary water system extensions or additions for fire protection, the termini of the improvements, the route thereof and the specifications of structures or works necessary thereto or forming a part of such auxiliary water systems, extensions or additions thereto shall be described. (Ord. 2096 § 7, 1974; 1961 code § 10.12.090.)

15.04.090 Official’s duties.

Upon adoption of a resolution declaring the intention to form a local improvement district as provided in BCC 15.04.080, a copy thereof shall be forwarded to the designated official who, in addition to making the studies, estimates of cost and expense, preliminary assessment rolls, reports and diagrams, as required in BCC 15.04.060, shall order the publication of notice and give notice by mail to the owners, or reputed owners of specially benefited land as provided in BCC 15.04.110, and shall cause to be filed in the designated official’s office as a permanent record of the city the publisher’s affidavit of publication of said resolution and the designated official’s certificate of mailing notices to the owners, or reputed owners, of the hearing upon the resolution. (1961 code § 10.12.100.)

15.04.100 Estimate of costs.

In making the estimate of cost and expense, the designated official shall include therein:

A. The cost of all of the construction or improvement authorized for the district including, but not limited to that portion of the improvement within the street intersections;

B. The estimated cost and expense of all engineering and surveying necessary for the improvement done by or under direction of the designated official;

C. The estimated cost and expense of ascertaining the ownership of all lots and parcels of land included in the assessment district;

D. The estimated cost and expense of advertising, mailing and publishing of necessary notices;

E. The estimated cost and expense of accounting, clerical labor and all books or blanks extended or used on the part of the city clerk or treasurer in connection with the improvement;

F. All costs of the acquisition of right-of-way property, easements or other facilities or rights, whether by eminent domain, purchase, gift or in any other manner; provided, that any of the costs enumerated in this section may be excluded from the cost and expense to be assessed against the property in such local improvement district if the city council so designates by ordinance at any time and may be paid from any other moneys available therefor;

G. The cost for legal, financial and appraisal services and any other expenses incurred by the city for the district or in the formation thereof, or by the city in connection with such construction or improvement and in the financing thereof, including the issuance of any bonds. (Ord. 2096 § 8, 1974; 1961 code § 10.12.110.)

15.04.110 Notice of hearing on resolution of intention.

A. Publication of Resolution. The resolution declaring the council’s intention to form a local improvement district shall be published in two consecutive issues of the official newspaper of the city, the first publication thereof to be at least 15 days before the day fixed in the resolution, for the hearing thereon.

B. Mailing Notice of Hearing. Notice of hearing upon the resolution declaring the intention of the city council to order a local improvement shall also be given by mail at least 15 days before the day fixed for hearing thereon to the owners or reputed owners of all lots, tracts and parcels of land or other property to be specially benefited by the proposed improvement, as such owners or reputed owners are shown on the rolls of the county treasurer, directed to the address thereon shown. Such notice shall set forth the nature of the proposed improvement, the estimated cost, and the estimated benefits to the particular lot, tract or parcel. (Ord. 2096 § 9, 1974; 1961 code § 10.12.120.)

15.04.120 Hearing on resolution of intention.

The public hearing on the resolution of intention to order an improvement, required by BCC 15.04.080 shall be held by the hearing examiner on the date fixed. Such hearing may be continued from time to time and the hearing examiner shall retain jurisdiction thereof until the final disposition of the subject matter. Following the hearing, the hearing examiner shall make a recommendation on the resolution to the city council who shall take final action thereon. The action and decision of the council as to all matters passed upon by it in relation to any petition or resolution shall be final and conclusive. (Ord. 4079 § 3, 1989; Ord. 2096 § 10, 1974; 1961 code § 10.12.130.)

15.04.130 Protests.

The jurisdiction of the city council to proceed with any local improvement initiated by resolution shall be divested by a protest filed with the city council within 30 days from the date of passage of the ordinance ordering the improvement, signed by the owners of the property within the proposed local improvement or utility local improvement district subject to 60 percent or more of the total cost of the improvement including federally owned or other nonassessable property as shown and determined by the preliminary estimates and assessment roll of the proposed improvement district; provided, that such restraint by protest shall not apply to any local improvement by sanitary sewers or water mains and fire hydrants where the health officer of the city shall file with the council a report showing the necessity for such improvement accompanied by a report of the chief of the fire department in the event such improvement includes fire hydrants, and the council finds and recites in the ordinance or resolution authorizing the improvement that such improvement is necessary for the protection of the public health and safety and such ordinance or resolution is passed by unanimous vote of all members present. (Ord. 2096 § 11, 1974; 1961 code § 10.12.140.)

15.04.140 Ordinance creating local improvement district.

Whenever the council determines that the public interest, convenience or welfare requires such improvement, it may be ordered by ordinance, and, in case of an improvement initiated by resolution of the council, such ordinance may be passed at any time after the hearing specified in the resolution, upon receipt of the affirmative votes required by RCW 35.43.070. Every ordinance ordering a local improvement to be paid in whole or in part by assessments against the property specially benefited shall describe the improvement and establish a local improvement district to be known as “Local Improvement District No. ____,” or a utility local improvement district to be known as “Utility Local Improvement District No. ____,” which shall embrace as nearly as is practicable all of the property specially benefited by the improvement. (Ord. 4079 § 4, 1989; Ord. 2096 § 13, 1974; 1961 code § 10.12.160.)

15.04.150 Preliminary roll – Filing.

The diagram or plat submitted by the designated official to the hearing examiner shall be in the nature of a preliminary determination of the method and relative estimated amounts of assessments to be levied upon the property specially benefited by the improvement. When the designated official is satisfied that the assessment roll is complete such roll shall be filed with the city clerk who shall notify the hearing examiner of such filing. The hearing examiner shall thereupon fix a date for a hearing thereon and direct the clerk to give notice of hearing and of the time and place thereof. (Ord. 4079 § 5, 1989; 1961 code § 10.12.180.)

15.04.160 Notice of hearing on assessment roll.

A. Contents. The notice of hearing upon the assessment roll shall specify the time and place of hearing and shall notify all persons who may desire to object thereto:

1. To make their objections in writing and to file them with the city clerk at or prior to the date fixed for the hearing;

2. That at the time and place fixed, and at times to which the hearing may be adjourned, the hearing examiner will sit as a board of equalization for the purpose of considering the roll; and

3. That at the hearing the hearing examiner will consider the objections made and will make a recommendation to the council that it correct, revise, raise, lower, change or modify the roll, or any part thereof, or set aside the roll and order the assessment to be made de novo, and at the conclusion thereof will submit the roll with such recommendation to the city council which may adopt or reject such recommendation and which will thereafter conform the roll by ordinance.

B. Mailing and Publication. At least 15 days before the date fixed for hearing, notice thereof shall be mailed to the owner or reputed owner of the property whose name appears on the assessment roll, at the address shown on the tax rolls of the county treasurer for each item of property described on the list. In addition thereto the notice shall be published at least five times in a daily newspaper, or at least two times in a weekly newspaper, the last publication to be at least 15 days before the date fixed for hearing.

C. Proof of Mailing. The mailing of any notice shall be conclusively proven by the written certificate of the officer directed by the provisions of this chapter to give such notice. (Ord. 4079 § 6, 1989; 1961 code § 10.12.190.)

15.04.170 Assessment roll – Hearing.

At the time fixed for hearing on the assessment roll and at the times to which such hearing may be continued, the hearing examiner shall consider all objections filed, following which the hearing examiner shall make recommendations that the council correct, revise, raise, lower, change or modify the roll or any part thereof, or set aside the roll and order the assessment to be made de novo, or that the council adopt or correct the roll or take other action on the roll. The city council shall adopt or reject the recommendation of the hearing examiner at a public meeting; provided that any person who shall have timely filed an objection to his or her assessment may appeal the decision of the hearing examiner to the city council by filing written notice of such appeal with the city clerk within 10 days of the date of mailing of the hearing examiner’s decision. The appeal shall be based upon the record made before the hearing examiner and shall be considered by the council at a public meeting in accordance with the city council’s rules of procedure for hearings on appeal from decisions made by the hearing examiner under this chapter. Confirmation of the roll shall be by ordinance. (Ord. 4079 § 7, 1989; Ord. 2096 § 15, 1974; 1961 code § 10.12.200.)

15.04.180 Objections to assessment roll.

All objections to the confirmation of the assessment roll shall be in writing and shall identify the property, be signed by the owners and clearly state the grounds of the objection. Objections not made within the time and in the manner prescribed in this chapter shall be conclusively presumed to have been waived. (Ord. 4079 § 8, 1989; Ord. 2096 § 16, 1974; 1961 code § 10.12.210.)

15.04.190 Assessment roll – Amendment.

If an assessment roll is amended so as to raise any assessment appearing thereon, or to include omitted property, a new time and place for hearings shall be fixed and notice thereof given as in the case of an original hearing; provided, that as to any property originally entered upon the assessment roll upon which the assessment has not been raised, no objection to confirmation of the assessment roll shall be considered by the hearing examiner or council or by any court on appeal unless the objections were made in writing at or prior to the date fixed for the original hearing upon the assessment roll. (Ord. 4079 § 9, 1989; Ord. 2096 § 17, 1974; 1961 code § 10.12.220.)

15.04.200 Improvements by contract or city employees.

All local improvements, funds for the making of which are derived in whole or in part from assessments upon property specially benefited, shall be made by contract on competitive bids whenever the estimated cost of such improvement including the cost of materials, supplies, labor and equipment will exceed the sum of $5,000. The city may reject any and all bids. The city itself may make the local improvements if all the bids received exceed by 10 percent preliminary cost estimates prepared by an independent consulting engineer or registered professional engineer retained for that purpose by the city. (Ord. 2096 § 18, 1974; 1961 code § 10.12.230.)

15.04.210 Cost assessed property benefited.

The cost and expense of any such improvements shall be distributed and assessed against all the property included in such local improvement district, or utility local improvement district, in accordance with the special benefits conferred thereon, and in the manner provided by law. (Ord. 2096 § 19, 1974; 1961 code § 10.12.240.)

15.04.220 Bonds – Maximum amount – Time of issuance.

The city council may provide by ordinance for the payment of the whole or any portion of the cost and expense of any local improvement by bonds of the improvement district, but no bonds shall be issued in excess of the cost and expense of the improvement, nor shall they be issued prior to 20 days after the 30 days allowed for the payment of assessments without penalty or interest. (1961 code § 10.12.250.)

15.04.230 Bonds – Issuance – Due date and interest.

Local improvement bonds shall be issued pursuant to ordinance and shall be made payable on or before a date not to exceed 30 years from and after the date of issue, which latter date may be fixed by ordinance or resolution of the council, and bear interest at such rate or rates as authorized by the council. The council may, in addition to issuing bonds callable under the provisions of RCW 35.45.050 whenever sufficient moneys are available, issue bonds with a fixed maturity schedule or with a fixed maximum annual retirement schedule. (Ord. 2096 § 20, 1974; 1961 code § 10.12.255.)

15.04.240 Bonds – Issuance – Proceeds.

Local improvement bonds may be issued to the contractor or sold by the officers authorized by the ordinance directing their issue to do so, in the manner prescribed therein, and at not less than par and accrued interest. Any portion of the bonds of any issue remaining unsold may be issued to the contractor constructing the improvement in payment thereof. The proceeds of all sales of bonds shall be applied in payment of the cost and expense of the improvement. (1961 code § 10.12.260.)

15.04.250 Warrants.

The city council may provide by ordinance for the issuance of warrants in payment of the cost and expense of any local improvement, payable out of the local improvement district fund. The warrants shall bear interest at the rate or rates as authorized by ordinance and shall be redeemed either in cash or by local improvement bonds for the same improvement authorized by ordinance. All warrants against any local improvement fund sold by the city or issued to a contractor and by him sold or hypothecated for a valuable consideration shall be claims or liens against the improvement fund against which they are drawn prior and superior to any right, lien or claim of any surety upon the bond or bonds given to the city by or for the contractor to secure the performance of his contract or to secure the payment of persons who have performed work therein, furnished materials therefor, or provisions and supplies for the carrying on of the work. (Ord. 2096 § 21, 1974; 1961 code § 10.12.270.)

15.04.260 Funds.

All assessments for local improvements in local improvement districts shall be collected by the city treasurer and shall be kept in a separate fund to be known as “Local Improvement Fund, District No. ___,” and shall be used for no purpose other than the redemption of warrants drawn upon and bonds issued against the fund to provide payment for the cost and expense of the improvement.

All assessments for local improvements in a utility improvement district shall be collected by the city treasurer, shall be paid into the appropriate revenue bond fund and shall be used for no other purpose than the redemption of revenue bonds issued to provide funds for the cost and expense of the improvement. (Ord. 2096 § 22, 1974; 1961 code § 10.12.280.)

15.04.270 Notice of payment due.

As soon as the assessment roll has been placed in the hands of the city treasurer for collection, he shall publish a notice in the official newspaper of the city once a week for two consecutive weeks, that the roll is in his hands for collection and that any assessment may be paid within 30 days from the date of the first publication of the notice without penalty, interest or costs. Within 15 days of the first newspaper publication, the city treasurer shall notify each owner or reputed owner whose name appears on the assessment roll, at the address shown on the tax rolls of the county treasurer for each item of property described on the list, of the nature of the assessment, of the amount of his real property subject to such assessment, of the total amount of assessment due, and of the time during which such assessment may be paid without penalty, interest or costs. (Ord. 2096 § 23, 1974; 1961 code § 10.12.290.)

15.04.280 Assessment payments – Penalty.

In all cases where bonds are issued to pay the cost and expense of a local improvement, the ordinance levying the assessments shall provide that the sum charged against any lot, tract and parcel of land or other property, or any portion thereof, may be paid during the 30-day period allowed for the payment of assessments without penalty or interest, and that thereafter the sum remaining unpaid may be paid in equal annual installments. The number of installments shall be less by two than the number of years which the bonds issued to pay for the improvement are to run. Interest on the whole amount unpaid at the rate fixed by the ordinance levying the assessment shall be due on the due date of each installment of principal. The first installment shall become due and payable during the 30-day period succeeding a date one year after the date of first publication of the treasurer’s 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 30-day period herein provided for, interest upon the whole unpaid sum shall be charged at the rate fixed in the ordinance levying the assessment, and each year thereafter one of the installments, together with interest due upon the whole of the unpaid balance, shall be collected. Any installment not paid prior to the expiration of the 30-day period during which such installment is due and payable shall thereupon become delinquent. All delinquent installments, in addition to the interest payable as provided in the ordinance levying the assessment, shall be subject to a penalty charge of five percent levied upon both principal and interest due on such installment or installments. (Ord. 2096 § 24, 1974; 1961 code § 10.12.300.)

15.04.290 Acceleration of payments.

In case any installment is not paid when due, the entire assessment shall become due and payable and the collection thereof enforced by foreclosure; provided, that the payment of all delinquent installments together with interest, penalty and costs at any time before entry of judgment in foreclosure shall extend the time of payment on the remainder of the assessments as if there had been no delinquency or foreclosure. (1961 code § 10.12.302.)

15.04.300 Foreclosure of assessment lien.

Proceedings for foreclosure of local improvement district assessment liens for default in payment shall be conducted as authorized by Chapter 35.50 RCW. The date before which such foreclosure proceedings shall be commenced in any year shall be October 1st. (Ord. 2573 § 1, 1978; 1961 code § 10.12.304.)

15.04.310 Treasurer’s report.

In case the improvement is made on the bond installment plan, the city treasurer shall, at the expiration of 30 days after the first publication of the notice to pay assessment, report to the city council the amount collected by him upon the said roll and shall specify in said report the amount remaining unpaid upon the said roll, and the city council may then, or at a subsequent meeting, by ordinance, direct the mayor and city clerk to issue the bonds on the local improvement district established by the ordinance ordering the improvement in an amount equal to the amount remaining unpaid on said assessment. Said ordinance shall specify the denomination of the bonds which, except for bond numbered “One,” shall be in multiples of $100.00 each. (1961 code § 10.12.310.)

15.04.320 Form of bond.

All bonds issued in pursuance of the provisions of this chapter, unless otherwise specially ordered by the council, shall be in substantially the form required by the laws of the state of Washington. (Ord. 2096 § 25, 1974; 1961 code § 10.12.320.)

15.04.330 Effective state laws.

The laws of the state and the provisions of this chapter shall be applicable to all local improvements and proceedings therein initiated by petition or resolution subsequent to the passage and legal publication of this chapter, and all proceedings and the manner of the collection and enforcement of all assessments in such proceedings shall be in compliance therewith. (1961 code § 10.12.330.)

15.04.340 Collection and segregation of assessments.

Whenever any land against which there has been levied any special assessment by the city shall have been sold in part or subdivided, the city council shall have the power to order a segregation of the assessment.

Any person desiring to have such a special assessment against a tract of land segregated to apply to smaller parts thereof shall apply in writing to the city. If the city council determines that a segregation should be made, it shall by resolution order the city treasurer to make segregation on the original assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part. A certified copy of the resolution shall be delivered to the city or town treasurer who shall proceed to make the segregation ordered upon being tendered payment of the fees hereinafter provided. No segregation need be made if the council shall find that by such segregation the security of the lien for such assessment will be so jeopardized as to reduce the security for any outstanding local improvement district obligations payable from such assessment. In such instance the city treasurer shall determine such question of fact. Nor shall segregation be made of any assessment which has been delinquent for a period of two years or more. No segregation of any assessment on unplatted lands or large platted tracts shall be made until a plat thereof has been furnished to the designated official by the applicant for segregation showing that the proposed segregation of property will conform to the system of streets as platted in adjacent territory. In all such instances the designated official shall determine such question of fact. (Ord. 2096 § 26, 1974; 1961 code § 10.12.340.)

15.04.350 Segregation fees.

A fee of $10.00 for each tract of land for which a segregation is to be made, plus the reasonable engineering and clerical costs incident to making the segregation shall be charged to the applicant, such fee to be paid to the city treasurer. (Ord. 2096 § 28, 1974; 1961 code § 10.12.360.)

15.04.360 Local improvement guaranty fund.

In accordance with Chapter 35.54 RCW, the city establishes and creates a fund for the purpose of guaranteeing, to the extent of such fund, the payment of its local improvement bonds and warrants issued to pay for any local improvement ordered in local improvement districts in the city or in an area wholly or partly outside its corporate boundaries subsequent to May 27, 1956. This fund shall be known and designated as “local improvement guaranty fund.” (Ord. 2096 § 29, 1974; 1961 code § 10.12.370.)

15.04.370 Use of fund.

Whenever any interest coupon, bond or warrant guaranteed under the provisions of the laws of the state in pursuance of which this chapter is passed shall be in default, the city clerk shall be and is authorized and directed, upon the presentation and delivery of such defaulted bond, coupon or warrant, to execute, sign and deliver to the person or persons presenting the same, in the order of their presentation, and the treasurer shall honor and pay, a warrant on the local improvement guaranty fund in such amount as may be necessary to pay in full any such coupon, bond or warrant with any interest that may be due thereon. Any defaulted coupon, bond or warrant received by the city clerk under the provision of this chapter shall be held for the benefit of said local improvement guaranty fund. (1961 code § 10.12.380.)

15.04.380 Warrants against guaranty fund.

Warrants drawing interest at a rate not to exceed six percent shall be issued, as other warrants are issued by the city, against the said local improvement guaranty fund to meet any liability accruing against it, and at the time of making its annual budget and tax levy, the city shall provide for the levying of a sum sufficient, with other resources of the fund, to pay warrants so issued during the preceding fiscal year and to establish a balance therein; provided, that such warrants shall at no time exceed five percent of the outstanding bond obligations guaranteed by said fund. (Ord. 2096 § 30, 1974; 1961 code § 10.12.390.)

15.04.390 City to hold warrants paid from guaranty fund.

Whenever the city has paid out of said guaranty fund any sum on account of principal and interest on a local improvement bond or warrant hereunder guaranteed, the city, as trustee for such fund, shall be subrogated to all of the rights of the holder of the bond, interest coupon or warrant so paid and the proceeds thereof, or of the underlying assessment, shall become a part of the fund. (Ord. 2096 § 31, 1974; 1961 code § 10.12.400.)

15.04.400 Interest to be paid into guaranty fund.

The city treasurer is authorized and directed to pay into such local improvement guaranty fund all interest received from bank deposits of said fund, as well as any surplus remaining in any local improvement district fund guaranteed under said state laws after the payment of all outstanding bonds or warrants payable primarily out of such local improvement district fund. (1961 code § 10.12.410.)

15.04.410 Claims against city.

Neither the owner nor the holder of any bond, interest coupon or warrant issued against a local improvement fund after May 27, 1956, shall have any claim therefor against the city 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 created by this chapter, and the city shall not be liable to any holder or owner of such bond, interest coupon or warrant for any loss to the said guaranty fund occurring in the lawful operation thereof by the city. The remedy of the holder or owner of a bond or warrant in case of nonpayment shall be confined to the enforcement of the assessment and to the guaranty fund. (1961 code § 10.12.420.)

15.04.420 Copy of BCC 15.04.410 printed on bonds.

A copy of BCC 15.04.410 shall be plainly written, printed or engraved on each bond issued and guaranteed hereunder, and the writing, printing or engraving shall be deemed sufficient compliance with the requirements of RCW 35.45.070. (1961 code § 10.12.430.)

Chapter 15.08
ADOPTION OF CERTAIN WATER AND SEWER UTILITY REGULATIONS

Sections:

15.08.010 Repealed.

15.08.020 Water and Sewer Utility Regulation No. R-110-1 – Adoption.

15.08.010 Water and Sewer Utility Regulations – Adoption.

Repealed by Ord. 4752. (Ord. 3337 § 1, 1983.)

15.08.020 Water and Sewer Utility Regulation No. R-110-1 – Adoption.

A. The purpose of this section shall be to assure that the utility complies with the State Environmental Policy Act and the City Environmental Procedures Code in taking certain utility related actions.

B. General Requirements.

1. The utility will not extend or construct any water or sewer facility, or approve the extension or construction of such a facility by another party, until appropriate review under the State Environmental Policy Act and the City Environmental Procedures Ordinance has been completed.

2. The utility will not issue any letter of availability of water or sewer service where extension or construction of a water or sewer facility is required to provide such service until appropriate review under the State Environmental Policy Act and the City Environmental Procedures Ordinance has been completed.

3. Following the appropriate review under the State Environmental Policy Act and City Environmental Procedures Ordinance, the utility may condition a proposal to extend or construct a water or sewer facility in order to mitigate adverse environmental impacts or may in appropriate cases deny such a proposal, in accordance with the requirements of BCC 22.02.140. (Ord. 3349 § 1, 1984.)