Chapter 3.40
LOCAL IMPROVEMENT DISTRICTS
Sections:
Article I. General Provisions
3.40.010 Procedures relating to local improvement districts and utility local improvement districts.
3.40.020 Powers and duties of city engineer.
3.40.030 Assessment roll – Filing – Hearing, date, by whom held.
3.40.040 Hearings on assessment roll.
Article II. Local Improvement District
Guaranty Fund
Article I. General Provisions
3.40.010 Procedures relating to local improvement districts and utility local improvement districts.
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 either to a resolution or petition therefor and in accordance with the provisions of Chapters 35.43 through 35.56 RCW, as amended. (Ord. 14-421 § 1).
3.40.020 Powers and duties of city engineer.
The city engineer, or other person designated by the mayor, is designated as the officer responsible for determining the sufficiency and accuracy of any petition filed to initiate a proceeding for the formation of a local improvement district or utility local improvement district. Upon the filing of a petition found by the city engineer to be sufficient or upon the adoption of a resolution initiating a proceeding for the formation of a local improvement district or utility local improvement district, the city engineer shall cause an estimate to be made of the cost and expense of the proposed improvement and shall certify it to the city council, together with all papers and information in the city engineer’s possession touching the proposed improvement, a description of the boundaries of the district, and a statement of what portion of the cost and expense of the improvement should be borne by the property owners within the proposed district. (Ord. 15-447 § 1 (Exh. A); Ord. 14-421 § 1).
3.40.030 Assessment roll – Filing – Hearing, date, by whom held.
A. The assessment roll for local improvements, when prepared as provided by law, shall be filed with the city clerk. The city council shall thereupon fix a date for a hearing thereon before the council; may direct that the hearing shall be held before a committee thereof; or the city council may designate an officer to conduct such hearings. The committee or officer designated shall hold a hearing on the assessment roll and consider all objections filed following which the committee or officer shall make recommendations to the city council which shall either adopt or reject the recommendations of the committee or officer. If a hearing is held before such a committee or officer it shall not be necessary to hold a hearing on the assessment roll before the city council. An owner of property, having filed a protest before or at the hearing, may appeal his or her assessment to the city council from a decision made by a committee or officer. The same procedure may, if so directed by the city council, be followed with respect to any assessment upon the roll which is raised or changed to include omitted property. The city council shall direct the clerk to give notice of any such hearings, in the manner required by law. (Ord. 14-421 § 1).
3.40.040 Hearings on assessment roll.
A. The city council, the committee thereof, the hearing examiner or officer designated by the city council shall commence the hearing on the date and at the time and place fixed by the city council, but may in the exercise of discretion recess the hearing to times certain in order to allow the parties to obtain essential additional information; provided, however, that an effort shall be made at all times to avoid delays which unnecessarily allow interest to accumulate upon obligations for which the local improvement district is responsible.
B. The committee, hearing examiner or officer shall reduce his/her findings, recommendations and decisions to writing and shall file them with the city clerk within 20 days following the conclusion of the hearing. Notice of the filing, together with copies of the findings, recommendations and decisions shall be mailed by the city clerk (or any person designated by the city clerk to do so under his/her supervision) within three business days of the filing to all persons who filed timely written objections to confirmation of the assessment roll as prepared. Instructions as to the filing of any appeal to the city council shall be included in the mailing. (Ord. 14-421 § 1).
3.40.050 Council appeals.
A. Any finding, recommendation or decision of a committee, hearing examiner, or officer designated by the city council to conduct a hearing pursuant to RCW 35.44.070 and 35.44.080 shall be subject to appeal to the city council.
B. An appeal under this section may be filed only by a party who timely perfected a protest at the initial hearing. The notice of appeal shall, in addition to requirements as to content specified elsewhere in this chapter, state clearly on the cover or cover page the number of the local improvement district and the appellant’s name and parcel number and shall be filed with the city clerk no later than the fourteenth day after the day upon which the report and recommendation of the committee, hearing examiner or other officer is filed with the city clerk.
C. The notice of appeal shall also include a concise statement of the basis therefor and, in the event that appellant deems the references on the findings, recommendations and decisions inadequate, a reference by metered index numbers to the places in the electronically prepared record of the hearing where the pertinent material may be found. The notice of appeal shall also designate by name or title and by sub-number the items or exhibits in the record to which reference will be made in argument or briefing before the city council.
D. Upon the filing of a notice of appeal the city clerk shall promptly notify the city attorney and furnish a copy of the notice to the city council and the concerned city departments. Within 15 days following the filing of a notice of appeal the city council shall set a time and place for a hearing on the appeal before the city council and shall promptly mail or cause to be mailed notice of the time and place to the appellant, provided the time shall be as soon as practicable in order to avoid accumulation of additional interest on the obligations of the local improvement district. The city council shall direct whether the appeals are to be considered with or without oral argument.
E. Review by the city council on appeal shall be limited to and shall be based solely upon the record from the hearing below; provided, however, that the city council may permit oral or additional written arguments or comments when confined to the content of the record of the hearing below. The recommendation appealed from shall be accorded substantial weight and the burden of establishing the contrary shall be upon the appealing party. In respect to the matter appealed the city council may adopt or reject, in whole or in part, the findings, recommendations and decisions of the committee, hearing examiner or officer or make such other disposition of the matter as is authorized by RCW 35.44.100 and this chapter. The city council shall reduce its determination to writing, file the original in the record of the local improvement district, and transmit a copy of the same to the appellant.
F. Upon receipt of the report, findings, recommendations and decisions of a committee, hearing examiner or officer, the city council shall review the same. As soon as all timely appeals from the findings, recommendations and decisions of the committee, hearing examiner or officer have been decided or the time allowed for filing appeals has expired with no appeals having been filed, the city council may accept the assessment roll as prepared or may correct, revise, raise, lower, change or modify the roll or any part thereof, or may set aside the roll and order the assessment to be made de novo. If an appeal has been filed from the findings, recommendations and decisions of a committee, hearing examiner or officer it shall be heard and determined and the results thereof incorporated into the assessment roll before it is confirmed. The city council shall confirm the roll by ordinance. (Ord. 14-421 § 1).
3.40.060 Bonds.
All local improvement district and utility local improvement district bonds shall be issued and registered in compliance with the applicable provisions of state and federal law and the ordinances authorizing the issuance and sale of the bonds. (Ord. 14-421 § 1).
Article II. Local Improvement District Guaranty Fund
3.40.300 Created.
The city establishes and creates a fund for the purpose of guaranteeing, to the extent of such fund, bonds and warrants issued against local improvement districts in the city. This fund shall be known as the local improvement guaranty fund. (Ord. 14-421 § 1).
3.40.310 Taxes levied.
There shall be levied, from time to time as other taxes are levied, such sums as may be necessary to meet the financial requirements of the local improvement guaranty fund created by this chapter. Whenever the city shall have paid out of the guaranty fund any sum on account of principal and/or 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 or interest coupon or warrant so paid and the proceeds thereof shall become a part of local improvement guaranty fund. (Ord. 14-421 § 1).
3.40.320 Payment from fund.
Whenever any interest coupon, bond or warrant guaranteed under the provisions of the laws of the state shall be in default, the finance director shall be and is hereby authorized and directed, upon the presentation and delivery of such defaulted bond, coupon or warrant, to execute, sign and deliver to the same person presenting the same, in the order of their presentation, and the city 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 finance director under the provisions of this chapter shall be held for the benefit of the local improvement guaranty fund. (Ord. 14-421 § 1).