Chapter 11.35
SEWER SYSTEM EXTENSIONS
Sections:
11.35.010 Design.
11.35.020 Separation from water lines.
11.35.030 City-owned sewage pump stations.
11.35.040 Cross-connection control.
11.35.050 Plans and specifications.
11.35.060 Easements.
11.35.070 Construction.
11.35.080 City projects.
11.35.090 System extension agreements.
11.35.100 Reimbursement agreements.
11.35.110 Local improvement districts.
11.35.010 Design.
Extensions to the sewer system shall be made in conformance with the GSP.
All sewer system extensions shall be designed by a civil engineer licensed to practice engineering in the state of Washington. The design shall be in accordance with the Design and Construction Standards established pursuant to EMC 11.30.060, this title, the GSP, the Orange Book, and the Standard Specifications.
In general, sewers shall be located below all other utilities in rights-of-way to provide the greatest opportunity for adjacent properties to connect thereto by gravity building sewer and side sewer, and minimize the opportunity for contaminating other utilities from leaks. Consideration for adequate cover and separation, potential sizing for water and storm drains, required slopes for side sewers, and adequate clearance for workers results in a minimum depth for gravity sewers, located in public rights-of-way, of 10 feet as measured from finished grade to sewer crown. This necessary depth shall be maintained unless the director finds, in writing, that after taking into consideration all the above, a shallower depth is justified.
Manhole lids, located in the traveled way, shall be placed at lane lines or in the center of left-turn lanes. (Ord. 06-271 § 1).
11.35.020 Separation from water lines.
A minimum horizontal separation of 10 feet between sanitary sewers and any potable water lines, and a minimum vertical separation of 18 inches between the bottom of the water line and the crown of the sewer, shall be maintained. The distances shall be measured outside edge to outside edge.
When local conditions prevent the separations described above, the director may approve an alternative; provided, that no such alternative shall be less restrictive than that provided for in the Orange Book C1-9.1. (Ord. 06-271 § 1).
11.35.030 City-owned sewage pump stations.
Sewage pump stations shall be prohibited unless the director finds there is no reasonable alternative. Pump stations shall be designed and constructed in conformance with the Design and Construction Standards, this title, the Orange Book, and the Standard Specifications. Pump stations shall be designed and constructed to minimize operation and maintenance costs and employee exposure to health and safety hazards. Permanent on-site electric generators, with power generation adequate for full function of the pump station, shall be installed at every city sewage pump station. A force main shall discharge into a manhole and not directly into another force main or gravity sewer pipe. (Ord. 06-271 § 1).
11.35.040 Cross-connection control.
Sewage pump stations and all other sewer system elements with water service shall be required to meet the requirements of the water purveyor, the Cross-Connection Control Manual, and WAC 246-290-490. (Ord. 06-271 § 1).
11.35.050 Plans and specifications.
The plans and specifications shall be prepared in accordance with the Design and Construction Standards, this title, the GSP, the Orange Book, and the Standard Specifications. (Ord. 06-271 § 1).
11.35.060 Easements.
All easements shall be in a form as provided by the city or as approved by the city prior to negotiation, must be reviewed and approved prior to execution, and shall require written acceptance by the city prior to recording.
A. Permanent Easements.
1. The purpose(s) for the easement and the permitted activities shall be stated.
2. All sewers shall be located in dedicated rights-of-way or easements. The minimum width of an easement shall be 20 feet plus two feet for every foot of sewer depth over 10 feet, unless otherwise approved by the director.
3. All-weather access improvements, capable of being negotiated by a fully loaded vactor truck (H-20 load), shall be provided to every manhole, air-vac relief station, pigging port or other appurtenance requiring maintenance access.
4. City access to and across the easement shall be unrestricted. Buildings, trees, parked vehicles, and all other structures, except as otherwise provided herein, shall be prohibited within easements. Private driveways may be located within city easements. In the event the director determines that private fencing across an easement is necessary and reasonable, such fencing may be permitted; provided, that double-leaf gates with a nominal width of 20 feet are provided at fence crossings. The owner may install only landscaping improvements that have been approved by the city.
5. Easements shall be maintained by the city to city standards. Landscaping improvements installed by the owner shall be maintained by the owner. The city may cut back or remove landscaping improvements, as it deems necessary. The city shall have no obligation to repair or replace landscaping improvements that have been damaged or removed.
6. The city shall have the right to issue permits to third parties to operate and maintain side sewers within the easement.
7. Pump stations shall be located on property that has been deeded to the city unless otherwise approved by the director. Easements for pump stations shall be unrestricted and exclusive.
B. Temporary Easements. Temporary easements obtained for construction, staging, storage, or temporary access shall:
1. Identify use or uses;
2. Set the term and provide for extensions thereto;
3. Contain specific conditions for restoration and a one-year warranty for such restoration;
4. Contain provision for the owner to inspect the condition of the easement property following completion of restoration; and
5. Provide for the owner's release following such inspection. (Ord. 06-271 § 1).
11.35.070 Construction.
All construction shall be in conformance with the Design and Construction Standards, this title, the GSP, the Orange Book, and the Standard Specifications. Contractors shall have a current and valid state of Washington contractor's license and a city of Edgewood business license. Construction shall not commence until a preconstruction conference, meeting the requirements set forth in the Design and Construction Standards, has occurred. (Ord. 06-271 § 1).
11.35.080 City projects.
Nonemergency sewer system extension projects constructed with city funds shall first be identified in the GSP and included in the city's CIP. Such projects shall be paid for with connection and/or rate charges from users of the sewer system together with any grants and loans that may be obtained.
All city sewer system extension projects must meet the bidding requirements of the city's purchasing policy and RCW 35.23.352. All city sewer system extension projects are public works projects and are subject to prevailing wage requirements as set forth in Standard Specifications 1‑07.9.
The following are additional requirements of all city sewer system extension projects:
A. Contract Bond. The contractor shall provide the city with a contract bond in conformance with Standard Specifications 1-03.4 as amended by Chapter 1-99. The contract bond shall remain in full force and effect until released in writing by the city.
B. Insurance. The contractor shall obtain and maintain in full force and effect from the date of approval of the contract to the date of city acceptance, public liability and property damage insurance in accordance with Standard Specifications, Section 1-07.18, as amended by Chapter 1-99. A certificate of insurance shall be supplied to the city that shall include all subcontractors, the city, and engineer as additional insured.
C. Indemnification. The contractor shall defend, indemnify and hold the city harmless from all claims, demands, losses, and liabilities to or by the contractor or third parties arising from, related to, or connected with services performed, or to be performed, under or associated with the contract, the contractor, or other third parties, regardless of whether such claim or suit alleges or another entity contends that the contractor or third party was independently or concurrently negligent. Said defense and indemnity obligations shall arise specifically, but not exclusively, with respect to any claim or suit arising out of circumstances where any employee or agent of the contractor suffers personal injuries during the performance of the work by the contractor or third parties.
D. Retainage. Five percent of progress payments shall be retained in accordance with Standard Specifications 1-9.9(1).
E. Inspection. Inspection and control of the work shall be as set forth in Chapter 1-05, Standard Specifications, as amended by Chapter 1-99.
F. Substantial Completion. The director shall establish the substantial completion date as may be required by the contract.
G. Physical Completion. The contractor shall notify the city and request final inspection in writing when the contractor considers the work, including final cleanup and all extra work, physically complete. The city's inspector will prepare a punch list of required corrections that must be completed prior to final inspection. If the inspector finds that the work has not been completed, the contractor will be so notified and no punch list will be prepared until the work is complete. When all punch list corrections have been made, the city's inspector will make the final inspection and establish a written date of completion.
All documentation required by the project and required by law does not necessarily need to be furnished by the contractor for physical completion.
H. Completion. Following physical completion and receipt of all required documentation, the director shall make a dated finding of completion confirming that all the following have been received by the director:
1. Final contract voucher as described in Standard Specifications 1-09.9.
2. Complete test and video records demonstrating acceptable results.
3. Final inspection report, completed and signed by the inspector.
4. Complete and legible as-built information recorded in indelible pencil or ink on a fresh set of city-approved improvement plans. The content and form of such recorded as-built information is subject to approval by the director.
5. Five complete sets of manufacturer's operation and maintenance manuals for all mechanical equipment.
6. Copies of all temporary easement restoration releases.
7. Copies of all Labor and Industries approved affidavits of prevailing wages paid forms in conformance with Standard Specifications 1‑07.9(5) for the contractor and all subcontractors.
8. Washington State Department of Revenue certificate showing that all contract-related taxes have been paid (RCW 60.28.050).
9. A copy of the Department of Labor and Industries release with respect to the payment of industrial insurance and medical aid premiums (see Standard Specifications 1-07.10).
10. A certificate of payment, signed by the contractor and notarized, that all project employees, suppliers and subcontractors have been paid in full and that the project is free of liens. In the event that a lien or liens have been filed, copies of the lien releases shall be attached to the certificate of payment.
11. The contractor shall provide a written warranty guaranteeing all equipment, materials, and workmanship to be free of defects for a period of two years from the date of completion.
I. Maintenance Bond. Following completion of work and prior to city acceptance of the system extension, the contractor shall provide the city with a maintenance bond warranting the system extension improvements as set forth in the Design and Construction Standards. The amount of the bond shall be 20 percent of the cost of construction, but not less than $5,000.
The maintenance bond shall also guarantee that the surety shall indemnify, defend and protect the city against any claim of direct or indirect loss resulting from the failure of the contractor or any of the employees, contractors, subcontractors, or lower tier subcontractors of the contractor to pay all laborers, mechanics, contractors, subcontractors, material person, or any person who provides labor, supplies, or provisions for carrying out the work.
The maintenance bond shall remain in effect until released by the city. Two years following acceptance, the city will inspect the improvements, upon request by the contractor, and issue a correction notice, as required. Following acceptable correction of all deficiencies, if any, the city will release the maintenance bond in writing.
J. Acceptance. Acceptance of the improvements shall be by resolution of the council. The dated finding of completion shall be attached to said resolution, together with a copy of the maintenance bond.
K. Record Drawings. The director shall cause the design engineer to prepare record drawings which shall consist of a compilation of all the as-built information from the contractor and the inspector on one set of Mylar plans together with an electronic copy of medium and format, as defined in the Design and Construction Standards.
L. Retainage Release. Retainage shall be released 60 days after the date of completion. (Ord. 06-271 § 1).
11.35.090 System extension agreements.
The city may contract with owners of real estate in the city for the construction of sewer facilities as provided in Chapter 35.91 RCW. Permission to extend the city's sewer system is subject to council approval. The system extension agreement shall be subject to all of the following:
A. Application and Contract. The application and contract shall contain, at a minimum, all of the following:
1. Name, address and telephone number of the owner.
2. Legal description of owner's property as well as the street address, if any, and the tax account number.
3. The project location shall be given in words and shown on a map.
4. The project description in words.
5. Duties of the owner.
6. Duties of the city.
7. Sewer capacity reservation.
8. The term of the system extension agreement.
9. Conditions of acceptance.
10. Signatures of the owner and city manager.
11. Reference to the council resolution authorizing the contract.
12. Notary forms.
13. Attachments:
a. Legal description(s).
b. The plans and specifications.
c. Copies of fully executed third party easements.
d. A completed calculation sheet for fees and charges.
e. Proof of signature authority.
f. A reimbursement agreement, if approved by the council.
B. Owner. Only an owner of real estate within the city may enter into a system extension agreement with the city.
C. Plans and Specifications. The plans and specifications, as approved by the director, shall be a part of and incorporated into the system extension agreement by reference. Plans and specifications may be prepared and submitted for approval after the system extension agreement is approved.
D. Easements. When sewer system improvements are planned on or across property of the owner, and outside of dedicated rights-of-way or other city sewer easements, the owner shall grant easements, meeting the requirements of EMC 11.35.060, for such improvements in favor of the city.
E. Third Party Easements. When sewer system improvements are planned on or across property other than that of the owner, and outside of dedicated rights-of-way or other city sewer easements, the owner shall obtain easements for such improvements in favor of the city. Such easements shall meet the requirements set forth in EMC 11.35.060 and be obtained prior to city execution of the agreement.
F. Term. The term for a system extension agreement shall be one year. The term may be extended for one additional year upon written application by the owner. Further extensions of six months each may be granted by the director upon a showing of reasonable progress of the project.
G. Sewer System Capacity. A system extension agreement will be approved only if there is adequate reserve capacity available for the project. Sewer system capacity will be reserved, as set forth in EMC 11.30.080, only upon a complete project application. The project application will be deemed complete for the purposes of sewer system capacity, relative to a system extension, upon approval of the system extension agreement by the council.
H. Fees and Charges. The amount of all fees and charges for system extensions shall be set by resolution of the council. The following fees and charges shall be paid to the city prior to approval of the system extension agreement:
1. Application Fee. The application fee shall cover the cost of administrative processing.
2. Plan Check Costs. The owner shall be required to pay the full costs of the city's consultant plus 10 percent for administration costs. The initial plan check costs shall be the estimated consultant costs plus 10 percent. In the event the plan check is performed by city staff, the plan check costs shall be the fee set by the council.
3. Inspection Costs. The owner shall be required to pay the full costs of the city's consultant plus 10 percent for administration costs. The initial inspection deposit shall be the estimated consultant costs plus 10 percent. In the event the inspection is performed by city staff, the inspection costs shall be the fee set by the council.
4. Mapping Fee. The mapping fee shall cover the costs of updating the city's GIS maps and maps for the reimbursement agreement record drawings.
5. Maintenance Bond Release Inspection Fee. Prior to releasing the maintenance bond, the city will inspect the improvements and restoration of the system extension. This inspection fee shall cover those costs.
6. Sewer Capacity Reservation Charge. The sewer capacity reservation charge provided for in EMC 11.30.080 shall be a nonrefundable incremental payment toward connection charges.
I. Performance Bond. The owner shall provide the city with a performance bond, in the amount of 150 percent of the engineer's estimate, for faithful completion of the improvements set forth in the system extension agreement within the prescribed time. The performance bond shall be delivered to the city prior to the preconstruction conference.
The performance bond shall:
1. Be on a city-furnished form.
2. Be signed by an approved surety (or sureties) that:
a. Is registered with the Washington State Insurance Commissioner; and
b. Appears on the current Authorized Insurance List in the state of Washington published by the Office of the Insurance Commissioner.
3. Guarantee that the surety shall indemnify, defend and protect the city against any claim of direct or indirect loss resulting from the failure:
a. Of the owner, or any of the employees, contractors, subcontractors, or lower tier subcontractors of the owner to faithfully perform the system extension agreement; or
b. Of the owner or any of the employees, contractors, subcontractors, or lower tier subcontractors of the owner to pay all laborers, mechanics, contractors, subcontractors, material person, or any person who provides labor, supplies, or provisions for carrying out the work.
4. Reimburse the city for the costs of completing the work in the event the owner or the owner's contractor fails to do so within the terms of the system extension agreement.
5. Remain in full force and effect until released in writing by the city.
J. Insurance. The owner shall obtain and maintain in full force and effect, from the date of approval of the system extension agreement to the date of city acceptance, public liability and property damage insurance in accordance with Standard Specifications, Section 1-07.18, as amended by Chapter 1-99. A certificate of insurance shall be supplied to the city that shall include the city, contractor, and engineer as additional insured and be submitted with the system extension application and agreement prior to city approval.
K. Indemnification. The owner shall defend, indemnify and hold the city harmless from all claims, demands, losses, and liabilities to or by the contractor or other third parties arising from, related to, or connected with services performed, or to be performed, under or associated with this agreement by the owner, the contractor, or other third parties, regardless of whether such claim or suit alleges, or another entity contends, that the contractor or other third party was independently or concurrently negligent. Said defense and indemnity obligations shall arise specifically, but not exclusively, with respect to any claim or suit arising out of circumstances where any employee or agent of the contractor suffers personal injuries during the performance of the work by the contractor, owner, or other third parties.
L. Inspection. Quality control is the responsibility of the owner. The city shall not be responsible to the owner nor assume any special duty for materials, workmanship or construction method used or incorporated into the project.
The construction shall be subject to observation and inspection by city staff or its consultant. When work or materials are observed that do not meet the requirements of the plans and specifications, as approved by the city, the inspector shall issue a correction notice in writing to the owner's field representative. Failure to take appropriate corrective action may result in a stop work order. Failure to correct faulty materials or workmanship may result in refusal by the city to accept the improvements or the city may stop work permanently and complete the work with its own contractor under the terms of the performance bond.
M. Completion of Work. Following establishment of substantial completion, the contractor shall notify the city and request final inspection in writing when the contractor considers the work physically complete. The city's inspector will prepare a punch list of required corrections that must be completed prior to physical completion. If the inspector finds that the work is not substantially complete, the contractor will be so notified and no punch list will be prepared until the work is substantially complete.
N. Maintenance Bond. Following completion of work and prior to city acceptance of the system extension, the owner shall provide the city with a maintenance bond warranting the system extension improvements in accordance with the Design and Construction Standards. The amount of the bond shall be 20 percent of the cost of construction, but not less than $5,000.
The maintenance bond shall also guarantee that the surety shall indemnify, defend and protect the city against any claim of direct or indirect loss resulting from the failure of the owner or any of the employees, contractors, subcontractors, or lower tier subcontractors of the owner to pay all laborers, mechanics, contractors, subcontractors, material person, or any person who provides labor, supplies, or provisions for carrying out the work.
The maintenance bond shall remain in effect until released by the city. Two years following acceptance, the city will inspect the improvements upon request by the owner and issue a correction notice, if necessary. Following acceptable correction of all deficiencies, if any, the city will release the maintenance bond in writing.
O. Acceptance. Acceptance of the improvements shall be by resolution of the council. It shall be the responsibility of the owner to deliver all of the following documents to the director. The director shall make a dated finding of completion, which shall be entered on said resolution, confirming that all the following have been received by the director. The council will not accept the system extension until the finding of completion has been made.
1. Complete test and video records demonstrating acceptable results.
2. Final inspection report, completed and signed by the inspector.
3. The owner shall cause the design engineer to prepare record drawings, which shall consist of a compilation of all the as-built information from the contractor and the inspector. One set of Mylar record drawings together with an electronic copy of medium and format, as defined in the Design and Construction Standards, shall be delivered to the director.
4. Five complete sets of operation and maintenance manuals as may be defined and required in the special provisions of the approved construction documents.
5. All required easements, fully executed and recorded, and copies of all temporary easement restoration releases.
6. Washington State Department of Revenue certificate showing that all contract-related taxes have been paid (RCW 60.28.050).
7. A certificate of payment, signed by the contractor and notarized, that all project employees, suppliers and subcontractors have been paid in full, and that the project is free of liens. In the event that a lien or liens have been filed, copies of the lien releases shall be attached to the certificate of payment.
8. The owner shall provide a written warranty guaranteeing all equipment, materials, and workmanship to be free of defects for a period of two years from the date of completion.
9. Maintenance bond.
10. Bill of sale, as described in the Design and Construction Standards.
11. Full payment of all fees and charges. (Ord. 06-271 § 1).
11.35.100 Reimbursement agreements.
The council, at its discretion, may approve a reimbursement agreement for reimbursement of the system extension costs to the owner(s) who constructed and paid for such system extension, from owners of property who subsequently connect thereto and did not contribute to the original cost thereof. All properties whose owners contributed to the original cost of the system extension shall be identified in the reimbursement agreement. Such reimbursement agreement shall comply with the following:
A. Benefited Area. The benefited area of a system extension shall be that part of Phase I that is or may be tributary to the system extension, including all properties that may connect directly to the improvements of the system extension, or to sewers that connect to said improvements.
B. Benefited Property. Any property within or outside the benefited area that connects to the improvements of the system extension or to sewers that connect to said improvements.
C. Cost of Construction. The cost of construction shall be determined by the council, following a hearing on the engineer's estimate, and may include all or a portion of the following costs:
1. Construction;
2. Construction staking;
3. Preparation of the plans and specifications; and
4. The city's fees and charges, paid by the owner.
D. Costs Excluded from the Cost of Construction. The costs for the following improvements shall be excluded from the cost of construction:
1. The cost of sewers and manholes that have not been oversized to serve property other than the owner's, when such sewers and manholes are fronted on both sides by property of the owner.
2. The cost of required sewers and manholes when such sewers and manholes have been over-sized to serve property other than the owner's, and when such sewers and manholes are fronted on both sides by property of the owner. The oversizing will be part of the cost of construction.
3. One-half the cost of sewers and manholes that have not been oversized to serve property other than the owner's, when such sewers and manholes are fronted on one side only by property of the owner. One-half the cost of such sewers and manholes will be part of the cost of construction.
4. One-half the cost of required sewers and manholes when such sewers and manholes have been oversized to serve property other than the owner's, and when such sewers and manholes are fronted on one side only by property of the owner. The oversizing and one-half the cost of such sewers and manholes will be part of the cost of construction.
E. Engineer's Estimate. The owner's engineer shall prepare, stamp, and sign an estimate of the cost of construction together with a list of all the properties within the benefited area and a calculation of the fair pro rata share per ERU due from such owners thereof.
F. Subsequent User. A subsequent user is any owner whose property is connected to the system extension improvements or to pipes connecting thereto and who has not contributed to the original cost thereof.
G. Fair Pro Rata Share. The fair pro rata share for a benefited property shall be the product of the number of ERUs required for a property and the cost of construction divided by the number of ERUs in the benefited area, as determined from the data used for flow projections in the GSP.
The number of ERUs required for a property shall be determined as set forth in EMC 11.40.070.
H. Term. The council shall set the term of the reimbursement agreement, which in no event shall be greater than 15 years.
I. Hearing. Prior to approval of the reimbursement agreement, the council shall hold a hearing on the engineer's estimate and shall consider all objections thereto and may correct, revise, or modify it and shall set the cost of construction.
A notice of the hearing on the engineer's estimate shall be published at least once a week for two consecutive weeks in the official newspaper of the city. The last publication shall be at least 15 days before the date fixed for the hearing.
A notice of the hearing shall be mailed to the owners of all the properties within the benefited area. Such notice shall be mailed at least 15 days before the date of the hearing to the owners and at the addresses shown on the tax rolls of the Pierce County assessor.
The notice of the hearing shall contain:
1. The time and place for the hearing.
2. A copy of the engineer's estimate. This is not required for the newspaper publication notice.
3. A statement that copies of the engineer's estimate are available to the public for review at City Hall.
4. A statement that persons who may desire to object must make their objections in writing and file them with the city clerk prior to 5:00 p.m. on the date fixed for the hearing.
J. Recording Required. The provisions of the reimbursement agreement shall not be effective as to any owner of real estate not a party thereto unless such agreement has been recorded in the office of the Pierce County auditor prior to the time such owner connects to the sewer.
K. Reimbursement. No benefited property shall be granted a permit or be authorized to connect to such sewer facilities or extensions thereto during the period of time prescribed in such contract without first paying to the city, in addition to any and all other costs and charges made or assessed for such connection, or for the sewers constructed in connection therewith, the amount required by the provisions of the contract under which the sewer facilities so connected to or used were constructed. All amounts so received by the city shall be paid out by it under the terms of such contract within 60 days after the receipt thereof. In no case shall the city be responsible to the owner for uncollected reimbursement payments.
The total reimbursement that may be recovered by the owner shall be limited to the difference of the cost of construction less the fair pro rata share used and/or reserved by the owner(s) and approved by the city. (Ord. 06-271 § 1).
11.35.110 Local improvement districts.
A. Procedures Relating to Local Improvement Districts (LIDs) and Utility Local Improvement Districts (ULIDs). A local improvement, the cost of which is to be borne in whole or in part by special assessments on the property benefited thereby, may be ordered only by an ordinance, pursuant to a resolution therefor and in accordance with the provisions of Chapters 35.43 through 35.56 RCW, as amended, which are hereby adopted and incorporated herein.
The formation of an LID shall also be subject to the policies established in EMC 11.20.040(B)(2).
All objections and protests provided for in this chapter shall be in writing and signed by the owner of property within the boundaries of the LID and shall be filed with the city clerk during normal city of Edgewood business hours on or before the final day provided for such objections and protests.
B. System Capacity. A resolution for the formation of an LID shall be adopted by the council only if adequate system capacity is available as determined in EMC 11.30.080, or if the LID project includes a plan for achieving adequate system capacity that has been approved by the council. The minimum number of ERUs required for an LID project shall be determined from the data used for flow projections in the GSP.
C. Powers and Duties of Director. The director is designated as the officer responsible for administering EMC 11.35.100.
D. Delinquent Installments – Penalties. Whenever any installment upon any local improvement district assessment or utility local improvement district assessment shall become delinquent, each of such delinquent installments remaining unpaid at the date of delinquency shall have added thereto interest as shall be fixed by the council and a penalty of not less than five percent of the delinquent amount.
When not otherwise provided by ordinance, such delinquent installments shall bear interest at the same rate as is provided by ordinance for the final assessment roll for such local improvement district or utility local improvement district or for the bonds or installment note or notes issued in payment or part payment of the cost of the improvement in such local improvement district or utility local improvement district.
E. Notice of Delinquent Assessments. It shall be the duty of the city finance director on or before the first day of July of each year to notify by certified mail the persons whose names appear on the assessment roll as the owners of property charged with assessments or installments which are more than two years delinquent on the first day of January preceding, or for which the final installment has been delinquent since the first day of January of the preceding year, for the purpose of foreclosing the delinquent assessment or delinquent installment as provided by Chapter 35.50 RCW. If the person whose name appears on the tax rolls of the Pierce County assessor as the owner of the property, or the address shown for the owner on such rolls, differs from that appearing on the city assessment roll, then the city finance director shall also mail a copy of the notice to that person or that address. The notice shall state the amount due upon each separate lot, tract, or parcel of land and the date after which proceedings to foreclose will be commenced.
F. Foreclosure of Delinquent Assessments. When any LID or ULID assessment is payable in installments, upon failure to pay any installment due, the remaining balance of the assessment shall become immediately due and payable, and the collection thereof shall 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 shall extend the time of payment on the remainder of the assessment installments as if there had been no delinquency or foreclosure. 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 shall be apportioned to each delinquent assessment or installment appearing on that roll. When all delinquent installments, together with said added costs and expenses, are paid before the foreclosure proceedings are completed, payment of such costs shall be a prerequisite to the city's dismissal of such proceedings unless otherwise ordered by the court.
G. Issuance of Bonds. All LID and ULID bonds shall be issued and registered in compliance with the applicable provisions of state law and city ordinances authorizing the issuance and sale of bonds. (Ord. 06-271 § 1).