Chapter 2.18
LOCAL IMPROVEMENTS
Sections:
2.18.040 Adoption by reference.
2.18.080 Assessment segregation fees.
2.18.100 Administration of LID.
2.18.120 LID petitions to be filed with city clerk.
2.18.140 Officer designated to make preliminary estimates.
2.18.160 Penalty for delinquent assessments and installments.
2.18.180 Commencement of foreclosure proceedings.
2.18.200 Acceleration of installments.
2.18.220 Maintenance and operation of the guaranty fund.
2.18.240 Minimum balance prescribed for the guaranty fund.
2.18.260 Use of guaranty fund to pay local improvement district obligations.
2.18.280 Taxation for the guaranty fund.
2.18.300 Use of guaranty fund to pay arbitrage rebate.
2.18.040 Adoption by reference.
Hereafter all proceedings relating to local improvements in the city of Ellensburg shall be conducted in accordance with Chapters 35.43 through 35.56 RCW, which chapters are hereby adopted by reference as and for the procedures for local improvements in the city of Ellensburg. [Ord. 3523 § 1, 1986.]
2.18.080 Assessment segregation fees.
All requests for local improvement district assessment segregations must be accompanied by a fee for segregation and engineering services as follows:
A. Segregation fee: $10.00 for each tract.
B. Engineering services: $20.00 for first parcel; $15.00 for each additional. [Ord. 3523 § 1, 1986.]
2.18.100 Administration of LID.
The city shall administer and prosecute all actions and proceedings related to its 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, provisions of which are intended to supplement and be in addition to the provisions of Chapter 2.18 ECC. [Ord. 4398, 2004.]
2.18.120 LID 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 shall be filed with the city clerk (or such city officer who may hereafter assume the duties of the city clerk). [Ord. 4398, 2004.]
2.18.140 Officer designated to make preliminary estimates.
The city public works director 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. 4398, 2004.]
2.18.160 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. 4398, 2004.]
2.18.180 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. All lien foreclosure proceedings thus commenced shall seek an award of attorney's fees and costs of suit for the city to the fullest extent permitted by law. [Ord. 4398, 2004.]
2.18.200 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, including interest and penalties as applicable, shall be enforced by foreclosure pursuant to Chapter 35.50 RCW. [Ord. 4398, 2004.]
2.18.220 Maintenance and operation of the guaranty fund.
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. 4398, 2004.]
2.18.240 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 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. 4398, 2004.]
2.18.260 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 finance director/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 finance director/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 finance director/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. 4398, 2004.]
2.18.280 Taxation for the guaranty fund.
Whenever warrants drawing interest are issued by the city against the guaranty fund to meet any property liability of such fund, at the time of making its next annual budget and tax levy, the city shall provide for the levying of a sum sufficient, with other resources of that fund, to pay warrants so issued during the preceding fiscal year and to establish an appropriate balance therein. This section is intended to implement Chapter 35.54 RCW and assure that a balance considered appropriate by the city council is maintained in the guaranty fund. [Ord. 4398, 2004.]
2.18.300 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. 4398, 2004.]