Chapter 3.40
LOCAL IMPROVEMENT DISTRICT PROCEDURES
Sections:
3.40.030 Preparation of preliminary estimates—Sufficiency of petition.
3.40.060 Bond anticipation note provisions.
3.40.090 Delinquent installments.
3.40.100 Notices of delinquency—Commencement of foreclosure actions.
3.40.010 Generally.
The creation of local improvement districts by the city, the levying and collection of assessments therein and the issuance of bonds, bond anticipation notes and warrants thereof, shall be accomplished in accordance with the applicable provisions of the statutes of the state and the provisions of this chapter. (Ord. 1051 § 1, 1988)
3.40.020 Filing of petitions.
Petitions to initiate formation of local improvement districts shall be filed with the city clerk-treasurer (RCW 35.43.120). (Ord. 1051 § 2, 1988)
3.40.030 Preparation of preliminary estimates—Sufficiency of petition.
The city engineer is designated as the proper officer to order the preparation of preliminary estimates and assessment rolls for local improvement districts of the city and the provision of such information as may be required by law to be furnished to the city council in connection with the formation of local improvement districts and levying of assessments therein and to certify as to the sufficiency of petitions filed pursuant to Section 3.40.020 of this chapter (RCW 35.43.130). (Ord. 1051 § 3, 1988)
3.40.040 Notices.
The city clerk-treasurer designated as the proper officer to give notices required in connection with local improvements; provided, however, that mailing of such notices by any other officer or employee of the city shall not affect the regularity or validity of the mailing of such notices (RCW 35.44.180). (Ord. 1051 § 4, 1988)
3.40.050 Bond provisions.
Local improvement bonds shall be in such denominations as may be provided in the ordinance authorizing their issue. The city may in such ordinance provide that the date, form and interest rate of such bonds and the denomination of the first numbered bond of such issue be subsequently fixed by resolution (RCW 35.45.030). (Ord. 1051 § 5, 1988)
3.40.060 Bond anticipation note provisions.
Local improvement bond anticipation notes shall be in such denominations as may be provided in the ordinance authorizing their issue. The city may in such ordinance provide that the date, form and interest rate of such bond anticipation notes be subsequently fixed by resolution (BANs authorized by RCW 39.50.020). (Ord. 1051 § 6, 1988)
3.40.070 Warrant provisions.
Unless otherwise provided by the ordinance authorizing the issuance of warrants payable out of the local improvement district fund, the city clerk-treasurer is designated as the issuing officer who shall establish the rate or rates of interest such warrants shall bear consistent with the provisions of the authorizing ordinance (RCW 35.45.130). (Ord. 1051 § 7, 1988)
3.40.080 Costs of collection.
In levying local improvement assessments the city shall estimate the reasonable costs to be incurred in collecting such assessments and same shall be included in the assessment roll as a part of the cost of the improvement; provided, that the cost of providing notices and collecting assessment installments after the thirty-day period permitted for payment without interest or penalty shall be included in the interest rate for installment payments (RCW 35.44.020). (Ord. 1051 § 8, 1988)
3.40.090 Delinquent installments.
Installments of the assessments which shall become due in any local improvement district of the city shall be delinquent if not paid when due. All delinquent installments shall bear a penalty at the rate per annum from the date of delinquency until paid which is the higher of twelve percent or two percent above the rate fixed for the assessments levied in such local improvement district. If any assessment installment shall become delinquent, the entire assessment shall become due and payable and the collection thereof may be enforced by foreclosure in the manner provided by the laws of the state; provided, however, that 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 assessment installments as if there had been no delinquency or foreclosure (RCW 35.49.030 and RCW 35.50.040). (Ord. 1051 § 9, 1988)
3.40.100 Notices of delinquency—Commencement of foreclosure actions.
By January 1st of each year, the city clerk-treasurer shall give notice as provided by law to the owners of property on which two assessment installments are delinquent as of January 1st of such year or on which the final installment has been delinquent for more than one year as of such January 1st; and, by April 1st of such year, the city attorney shall file an action on behalf of the city in the Superior Court of Skagit County for foreclosure of all delinquent assessments or assessment installments for which the aforesaid notice has been given (RCW 35.50.030). (Ord. 1051 § 10, 1988)