Chapter 13.95
RESERVATION UTILITY IMPROVEMENT DISTRICTS
Sections:
13.95.010 Reservation Utility Improvement Districts authorized.
13.95.020 Resolution to form RUID.
13.95.040 Resolution ordering improvement.
13.95.050 Notice of filing roll.
13.95.060 Hearing on protests – Order.
13.95.070 Enlarged RUID may be formed.
13.95.080 Conclusiveness of roll when approved.
13.95.090 Segregation of special assessment – Fees.
13.95.100 Collection of assessment – Notices.
13.95.110 Installments – Number – Due date.
13.95.120 Time of payment – Interest – Penalties.
13.95.130 Payment without interest or penalty.
13.95.140 Prepayment of installment subsequently due.
13.95.150 Assessment lien – Attachment – Priority.
13.95.160 Authority and conditions precedent to foreclosure.
13.95.170 Foreclosure of entire assessment.
13.95.180 Procedure – Commencement of action.
13.95.190 Procedure – Form of summons.
13.95.200 Procedure – Parties and property included.
13.95.210 Procedure – Pleadings and evidence.
13.95.220 Procedure – Trial and judgment – Notice of sale.
13.95.010 Reservation Utility Improvement Districts authorized.
The Board of Directors shall have the power to establish Reservation Utility Improvement Districts (“RUID”) within its territory, and to levy special assessments under a method of regular installments extending over a period not to exceed 30 years on all property specially benefited by any utility improvement on the basis of any special benefits, to pay in whole or in part the costs of any improvements ordered within the Authority. The procedures for the levying, collection and enforcement of all public assessments and the sale and issuance of bonds, warrants, notes, and other obligations to finance the Tribes’ public utilities shall be in the manner now and hereafter provided by this title; provided, however, that in addition to a lien against the property benefiting from any improvement, the costs of such improvement, together with interest and penalties, shall be a joint and several personal obligation of the landowner or owners. The method of assessment shall be determined by the Tulalip Tribes Board of Directors by resolution. Assessments in any RUID may be made on the basis of special benefits up to but not in excess of the total of any comprehensive scheme or plan payable by the issuance of bonds, warrants, notes or other obligations incurred to pay the same. The collection of principal and interest on all assessment in such RUID shall, when collected, be paid into one or more funds or accounts of the Authority. Money in such funds or accounts shall be used to pay the principal of, interest on and premium, if any, and costs of issuance of the bonds, warrants, notes or other obligations of the Tribes issued to finance the Tribes’ public utilities. [Ord. 76 § 19.01, 12-6-2004 (Res. 2004-467)].
13.95.020 Resolution to form RUID.
Formation of RUIDs to carry out all or any portion of the Comprehensive Plan, or additions, and betterment thereof shall be initiated by resolution of the Board.
Should the Board desire to initiate the formation of a RUID by resolution, it shall first pass a resolution declaring its intention to order such improvements, setting forth the nature and territorial extent of such proposed improvement, designating the number of the proposed RUID, describing the boundaries thereof, stating the estimated cost and expense of the improvement and the proportionate amount thereof which will be borne by the property within the proposed district, and fixing a date, time and place for a public hearing on the formation of the proposed RUID, which date shall, unless there is an emergency, be no less than 20 days and no more than 60 days from the date the resolution of intention was adopted.
Notice of the adoption of the resolution of intention shall be published in at least two consecutive issues of a newspaper of general circulation in the proposed RUID, the date of the first publication to be at least 10 days prior to the date fixed by such resolution for the public hearing. Notice of the adoption of the resolution of intention shall also be given each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed RUID by mailing said notice at least 10 days before the date fixed for the public hearing to the owner or reputed owner of the property as shown on the tax rolls of the Snohomish County Treasurer at the address shown thereon or by the records of the Bureau of Indian Affairs. The notices shall refer to the resolution or intention and designate the purposed RUID by number. Said notice shall also state that all persons desiring to comment on the formation of the RUID may do so in writing before the time fixed for said public hearing. [Ord. 76 § 19.02, 12-6-2004 (Res. 2004-467)].
13.95.030 Hearing.
The Board or its designate shall conduct a public hearing at the time and place designated in the notice to property owners. At this hearing comments shall be heard from any person affected by the formation of the RUID. Such hearing may be continued from time to time by the Board or its designate. The boundaries of the RUID may not be changed to include property not previously included in it without the Board first passing a new resolution of intention and giving a new notice to affected property owners in the manner and form and within the time herein provided for the original notice. [Ord. 76 § 19.03, 12-6-2004 (Res. 2004-467)].
13.95.040 Resolution ordering improvement.
After said hearing the Board shall determine based on all information received and/or the recommendation of its designate whether it would be in the best interest of the Tulalip Tribes to proceed with any such improvement.
If the Board finds that the RUID should be formed, it shall by resolution order the improvement, direct the preparation of detailed plans for the RUID and declare the estimated cost thereof, acquire all necessary land therefor and secure all necessary financing. The Board shall direct the Authority to prepare the preliminary assessment roll, proceed with the work and file with the Tribal Comptroller its roll levying special assessments in the amount to be paid by special assessment against the property situated within the RUID in proportion to the special benefits to be derived by the property therein from the improvement. [Ord. 76 § 19.04, 12-6-2004 (Res. 2004-467)].
13.95.050 Notice of filing roll.
Before the approval of the final assessment roll a notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the RUID, stating that the roll is on file and open to inspection in the office of the Authority, and fixing the time, not less than 15 or more than 30 days from the date of the first publication of the notice, within which protest must be filed with the Authority against any assessments shown thereon, and fixing a time when a hearing will be held by the Board or its designate on the protests. The notice shall also be given by mailing, at least 15 days before a hearing, a similar notice to the owners or reputed owners of the land in the district as they appear on the books of the Treasurer of Snohomish County or the Bureau of Indian Affairs. [Ord. 76 § 19.05, 12-6-2004 (Res. 2004-467)].
13.95.060 Hearing on protests – Order.
At such hearing on a protest to an assessment, the Board or its designate shall have power to correct, review, lower, change or modify such roll, or any part thereof, and to set aside such roll, and order that such assessment be reassessed as to such body shall appear equitable and just. Thereafter the Board by resolution shall approve the same. In the event of any assessment being raised a new notice similar to such first notice shall be given, after which final approval of such roll may be made by the Board. Whenever any property shall have been entered originally upon such roll and the assessment upon any such property shall not be raised, no objection thereto shall be considered by the Board, its designate or any court on appeal unless such objection be made in writing at or prior to the date fixed for the original hearing upon such roll. [Ord. 76 § 19.06, 12-6-2004 (Res. 2004-467)].
13.95.070 Enlarged RUID may be formed.
In the event that any portion of the system after its installation in such RUID is not adequate for the purpose for which it was intended, or that for any reason changes, alterations or betterments are necessary in any portion of the system after its installation, then such district, with boundaries which may include other service areas, may be created in the same manner as is provided herein for the creation of a Reservation Utility Improvement District. [Ord. 76 § 19.07, 12-6-2004 (Res. 2004-467)].
13.95.080 Conclusiveness of roll when approved.
Whenever any final assessment roll for local improvements shall have been confirmed by the Board as herein provided, the regularity, validity and correctness of the proceedings relating to such improvement, and to the assessment therefor, including the action of the Board upon such assessment roll and the confirmation thereof, shall be conclusive in all things upon all parties, and cannot in any manner be contested or questioned in any proceeding whatsoever by any person not filing written objections to such roll in the manner and within the time provided in this title. No proceedings of any kind shall be commenced or prosecuted for the purpose of defeating or contesting any such assessment, or the sale of any property therefor, or the foreclosure of any lien issued therefor; provided, that this section shall not be construed as prohibiting the bringing of injunction proceedings to prevent the sale of any real estate upon the grounds:
(1) That the property about to be sold does not appear upon the assessment roll; or
(2) That said assessment has been paid. [Ord. 76 § 19.08, 12-6-2004 (Res. 2004-467)].
13.95.090 Segregation of special assessment – Fees.
Whenever any land against which there has been levied any special assessment under this title shall have been sold in part or subdivided, the Board shall have the power to order a segregation of the assessment. Any person desiring to have such special assessment against a tract of land segregated to apply to smaller parts thereof shall apply to the Authority for such segregation. If the Authority determines that such request for segregation is a reasonable and equitable one under the circumstances, it shall recommend to the Board that such segregation be made. If the Board after review concurs in the recommendation of the Authority, it shall by resolution instruct the manager to make segregation on the original assessment roll as directed in the resolution. The segregation shall as nearly as possible be made 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 assessment chargeable to each part. A certified copy of the resolution shall be delivered to the manager, who shall proceed to make the segregation upon receipt of a predetermined administrative fee for each tract of land into which the segregation is to be made. In addition to such administrative charge, the Authority may require as a condition of the order of segregation that the person seeking the same pay the Authority reasonable engineering, clerical, and legal costs incident to making the segregation. [Ord. 76 § 19.09, 12-6-2004 (Res. 2004-467)].
13.95.100 Collection of assessment – Notices.
All assessments for local improvements in RUIDs shall be collected by the Authority and deposited with the Tribal Comptroller. All assessments shall be kept in a separate fund to be known as “Reservation Utility Improvement Fund District No. ____” and shall be used for no other purpose than the redemption of warrants drawn upon and bonds issued against the fund to provide payment for the cost and expense of the improvement.
As soon as the approved assessment roll has been placed in the hands of the Tribal Comptroller, a notice shall be published in the local newspaper, once a week for two consecutive weeks, that the roll is in his/her hands and that all or any portion of the 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 Authority 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. 76 § 19.10, 12-6-2004 (Res. 2004-467)].
13.95.110 Installments – Number – Due date.
In all cases where bonds are issued to pay the cost and expense of a RUID, the resolution 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 principal installments or in equal annual installments of principal and interest. [Ord. 76 § 19.11, 12-6-2004 (Res. 2004-467)].
13.95.120 Time of payment – Interest – Penalties.
The Board shall prescribe by resolution within what time assessments or installments thereof shall be paid, and shall provide for the payment and collection of interest thereon at a rate as shall be fixed by the Board. Assessments or installments thereof, when delinquent, in addition to such interest, shall bear a penalty of not less than five percent as set by the Board. [Ord. 76 § 19.12, 12-6-2004 (Res. 2004-467)].
13.95.130 Payment without interest or penalty.
The owner of any lot, tract, or parcel of land or other property charged with a RUID assessment may redeem it from all or any portion thereof by paying to the Authority all or any portion thereof without interest within 30 days after the first publication of notice that the assessment roll is in the hands of the Tribal Comptroller for collection. [Ord. 76 § 19.13, 12-6-2004 (Res. 2004-467)].
13.95.140 Prepayment of installment subsequently due.
The owner of any lot, tract, or parcel of land or other property charged with a local improvement assessment may redeem it from all liability for the unpaid amount of the assessment at any time after the 30-day period allowed for payment of assessments without penalty or interest by paying the entire installments of the assessment remaining unpaid to the Authority with interest thereon to the date of maturity of the installment next falling due. [Ord. 76 § 19.14, 12-6-2004 (Res. 2004-467)].
13.95.150 Assessment lien – Attachment – Priority.
The charge assessed upon the respective lots, tracts, or parcels of land and other property in the assessment roll established by resolution of the Board for the purpose of paying the cost and expense in whole or in part of any RUID, shall be a lien upon the property assessed from the time the assessment roll is placed in the hands of the Tribal Comptroller for collection. Interest and penalty shall be included in and shall be a part of the assessment lien. The assessment lien shall be paramount and superior to any other lien or encumbrance theretofore or thereafter created. [Ord. 76 § 19.15, 12-6-2004 (Res. 2004-467)].
13.95.160 Authority and conditions precedent to foreclosure.
If two installments of any RUID assessment are delinquent, or if the final installment thereof has been delinquent for more than one year, the Tribes shall proceed with the foreclosure of the delinquent assessment or delinquent installments thereof by proceedings brought in its own name in the Tulalip Court. [Ord. 76 § 19.16, 12-6-2004 (Res. 2004-467)].
13.95.170 Foreclosure of entire assessment.
When the assessment is payable in installments, the enforcement of the lien of any installment shall not prevent the enforcement of the lien of any subsequent installments.
The failure to pay any installment due shall render the entire assessment due and payable and the collection thereof shall be 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 of foreclosure. Where foreclosure of two installments of the same assessment on any lot, tract, or parcel is sought, the Authority shall cause such lot, tract, or parcel to be dismissed from the action, if the installment first delinquent together with interest, penalty, cost, and charges is paid at any time before sale. [Ord. 76 § 19.17, 12-6-2004 (Res. 2004-467)].
13.95.180 Procedure – Commencement of action.
In foreclosing RUID assessment liens, the Tribes shall proceed by filing a complaint in Tribal Court. It shall be sufficient to allege in the complaint:
(1) The passage of the ordinance authorizing the improvement;
(2) The making of the improvement;
(3) The levying of the assessment;
(4) The date of delinquency of the assessment or installment of the assessment for the enforcement of which the action is brought; and
(5) What they have not been paid prior to delinquency or at all. [Ord. 76 § 19.18, 12-6-2004 (Res. 2004-467)].
13.95.190 Procedure – Form of summons.
In foreclosing RUID assessments, the summons shall be substantially in the following form:
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IN THE TULALIP TRIBAL COURT |
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Summons for Foreclosure |
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of Reservation Utility Improvement |
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District Assessment Lien |
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Defendant. |
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To the Defendant: A lawsuit has been started against you in the above entitled court by the Tulalip Tribes, plaintiff. Plaintiff’s claim is stated in the written complaint, a copy of which is served upon you with this summons. The purpose of this suit is to foreclose on your interest in the following described property: |
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(legal description) |
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which is located at |
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(street address) |
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In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and by serving a copy upon the person signing this summons within 20 days after the service of this summons, excluding the day of service, or a default judgment may be entered against you without notice. A default judgment is one where plaintiff is entitled to what he asks for because you have not responded. If you serve a notice of appearance on the undersigned person, you are entitled to notice before a default judgment may be entered. |
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IMPORTANT NOTICE |
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If judgment is taken against you, either by default or after hearing by the court, your property will be sold at public auction. |
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You may prevent the sale by paying the amount of the judgment at any time prior to the sale. |
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If your property is sold, you may redeem the property at any time up to six months after the date of the sale, by paying the amount for which the property was sold, plus interest and cost of the sale. |
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If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written responses, if any, may be served on time. |
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(Signed) |
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( ) Plaintiff ( ) Plaintiff’s Attorney |
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[Ord. 76 § 19.19, 12-6-2004 (Res. 2004-467)].
13.95.200 Procedure – Parties and property included.
If foreclosing RUID assessment liens, it is not necessary to bring a separate suit for each of the lots, tracts, or parcels of land or other property or for each separate RUID. All or any of the lots, tracts, or parcels of land or other property upon which RUID assessments are delinquent may be proceeded against in the same action. For all lots, tracts, or parcels which contain a residential structure with an assessed value of at least $2,000, all persons owning or claiming to own the property shall be made defendants thereto. For all other lots, tracts, or parcels, the persons whose names appear on the assessment roll, tax rolls or BIA title records as owners of the property charged with the assessments for taxes shall be made defendants thereto. [Ord. 76 § 19.20, 12-6-2004 (Res. 2004-467)].
13.95.210 Procedure – Pleadings and evidence.
In foreclosing RUID assessment liens, the assessment roll and resolution confirming it, or duly authenticated copies thereof, shall be prima facie evidence of the regularity and legality of the proceedings connected therewith and the burden of proof shall be on the defendants. [Ord. 76 § 19.21, 12-6-2004 (Res. 2004-467)].
13.95.220 Procedure – Trial and judgment – Notice of sale.
In foreclosing RUID assessments the action shall be tried to the Court without a jury. If the parties have interest in any particular lot, tract, or parcel default, the Court may enter judgment of foreclosure and sale as to such parties and lots, tracts, or parcels and the action may proceed as to the remaining defendants and lots, tracts, or parcels. Judgment and order of sale may be entered as to any one or more separate lots, tracts, or parcels involved in the action and the Court shall retain jurisdiction to others.
The judgment shall specify separately the amount of the installments with interest, penalty, and all reasonable cost, including the title searches, chargeable to each lot, tract or parcel. The judgment shall have the effect of a separate judgment as to each lot, tract, or parcel 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, tracts, or parcels therein described sold by the Authority and an order of sale shall issue pursuant thereto for the enforcement of the judgment.
Prior to the sale of the property, if the property is shown on the property tax rolls under unknown owner or if the property contains a residential structure having an assessed value of $2,000 or more, the Authority shall order or conduct a title search of the property to determine the record title holders and all persons claiming a mortgage, deed or trust, or mechanic’s, laborer’s, material men’s or vendor’s lien on the property. [Ord. 76 § 19.22, 12-6-2004 (Res. 2004-467)].