title: RCW 35.43.040

text:
Whenever the public interest or convenience may require, the legislative authority of any city or town may order the whole or any part of any local improvement including but not restricted to those, or any combination thereof, listed below to be constructed, reconstructed, repaired, or renewed and landscaping including but not restricted to the planting, setting out, cultivating, maintaining, and renewing of shade or ornamental trees and shrubbery thereon; may order any and all work to be done necessary for completion thereof; and may levy and collect special assessments on property specially benefited thereby to pay the whole or any part of the expense thereof, viz:
(1) Alleys, avenues, boulevards, lanes, park drives, parkways, parking facilities, public places, public squares, public streets, their grading, regrading, planking, replanking, paving, repaving, macadamizing, remacadamizing, graveling, regraveling, piling, repiling, capping, recapping, or other improvement; if the management and control of park drives, parkways, and boulevards is vested in a board of park commissioners, the plans and specifications for their improvement must be approved by the board of park commissioners before their adoption;
(2) Auxiliary water systems;
(3) Auditoriums, field houses, gymnasiums, swimming pools, or other recreational, playground, museum, cultural, or arts facilities or structures;
(4) Bridges, culverts, and trestles and approaches thereto;
(5) Bulkheads and retaining walls;
(6) Dikes and embankments;
(7) Drains, sewers, and sewer appurtenances which as to trunk sewers shall include as nearly as possible all the territory which can be drained through the trunk sewer and subsewers connected thereto;
(8) Escalators or moving sidewalks together with the expense of operation and maintenance;
(9) Parks and playgrounds;
(10) Sidewalks, curbing, and crosswalks;
(11) Street lighting systems together with the expense of furnishing electrical energy, maintenance, and operation;
(12) Underground utilities transmission lines;
(13) Water mains, hydrants, and appurtenances which as to trunk water mains shall include as nearly as possible all the territory in the zone or district to which water may be distributed from the trunk water mains through lateral service and distribution mains and services;
(14) Fences, culverts, syphons, or coverings or any other feasible safeguards along, in place of, or over open canals or ditches to protect the public from the hazards thereof;
(15) Roadbeds, trackage, signalization, storage facilities for rolling stock, overhead and underground wiring, and any other stationary equipment reasonably necessary for the operation of an electrified public streetcar line;
(16) Systems of surface, underground, or overhead railways, tramways, buses, or any other means of local transportation except taxis, and including passenger, terminal, station parking, and related facilities and properties, and such other facilities as may be necessary for passenger and vehicular access to and from such terminal, station, parking, and related facilities and properties, together with all lands, rights-of-way, property, equipment, and accessories necessary for such systems and facilities;
(17) Convention center facilities or structures in cities incorporated before January 1, 1982, with a population over sixty thousand located in a county with a population over one million, other than the city of Seattle. Assessments for purposes of convention center facilities or structures may be levied only to the extent necessary to cover a funding shortfall that occurs when funds received from special excise taxes imposed pursuant to chapter 67.28 RCW are insufficient to fund the annual debt service for such facilities or structures, and may not be levied on property exclusively maintained as single-family or multifamily permanent residences whether they are rented, leased, or owner occupied;
(18) Programs of aquatic plant control, lake or river restoration, or water quality enhancement. Such programs must identify all the area of any lake or river which will be improved and must include the adjacent waterfront property specially benefited by such programs of improvements. Assessments may be levied only on waterfront property including any waterfront property owned by the department of natural resources or any other state agency. Notice of an assessment on a private leasehold in public property must comply with provisions of chapter 79.44 RCW. Programs under this subsection shall extend for a term of not more than five years;
(19) Railroad crossing protection devices, including maintenance and repair. Assessments for purposes of railroad crossing protection devices may not be levied on property owned or maintained by a railroad, railroad company, street railroad, or street railroad company, as defined in RCW 81.04.010, or a regional transit authority as defined in RCW 81.112.020; and
(20) Research laboratories, testing facilities, incubation facilities, and training centers built in areas designated as innovation partnership zones under RCW 43.330.270.
[ 2011 c 85 s 1; 2009 c 435 s 1; 1997 c 452 s 16; 1989 c 277 s 1; 1985 c 397 s 1; 1983 c 291 s 1; 1981 c 17 s 1; 1969 ex.s. c 258 s 1; 1965 c 7 s 35.43.040. Prior: 1959 c 75 s 1; 1957 c 144 s 2; prior: (i) 1911 c 98 s 1; RRS s 9352. (ii) 1945 c 190 s 1, part; 1915 c 168 s 6, part; 1913 c 131 s 1, part; 1911 c 98 s 6, part; Rem. Supp. 1945 s 9357, part. (iii) 1911 c 98 s 15; RRS s 9367. (iv) 1911 c 98 s 58, part; RRS s 9411, part.]
Notes:
Intent—Severability—1997 c 452: See notes following RCW 67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Authority supplemental—1985 c 397: See RCW 35.51.900.

catchline: Authority generally.


doc_type: statute

jurisdiction: wa

title: RCW 35.43.042

text:
Whenever the legislative authority of any city or town has provided pursuant to law for the acquisition, construction, reconstruction, purchase, condemnation and purchase, addition to, repair, or renewal of the whole or any portion of a:
(1) System for providing the city or town and the inhabitants thereof with water, which system includes as a whole or as a part thereof water mains, hydrants or appurtenances which are authorized subjects for local improvements under RCW 35.43.040(13) or other law; or a
(2) System for providing the city or town with sewerage and storm or surface water disposal, which system includes as a whole or as a part thereof drains, sewers or sewer appurtenances which are authorized subjects for local improvements under RCW 35.43.040(7) or other law; or
(3) Off-street parking facilities; and
Has further provided in accordance with any applicable provisions of the Constitution or statutory authority for the issuance and sale of revenue bonds to pay the cost of all or a portion of any such system, such legislative authority shall have the authority to establish utility local improvement districts, and to levy special assessments on all property specially benefited by any such local improvement to pay in whole or in part the damages or costs of any local improvements so provided for.
The initiation and formation of such utility local improvement districts and the levying, collection and enforcement of assessments shall be in the manner and subject to the same procedures and limitations as are now or hereafter provided by law for the initiation and formation of local improvement districts in cities and towns and the levying, collection and enforcement of assessments pursuant thereto.
It must be specified in any petition or resolution initiating the formation of such a utility local improvement district in a city or town and in the ordinance ordered pursuant thereto, that the assessments shall be for the sole purpose of payment into such revenue bond fund as may be specified by the legislative authority for the payment of revenue bonds issued to defray the cost of such system or facilities or any portion thereof as provided for in this section.
Assessments in any such utility local improvement district may be made on the basis of special benefits up to but not in excess of the total cost of the local improvements portion of any system or facilities payable by issuance of revenue bonds. No warrants or bonds shall be issued in any such utility local improvement district, but the collection of interest and principal on all assessments in such utility local improvement district, when collected, shall be paid into any such revenue bond fund.
When in the petition or resolution for establishment of a local improvement district and in the ordinance ordered pursuant thereto, it is specified or provided that the assessments shall be for the sole purpose of payment into a revenue bond fund for the payment of revenue bonds, then the local improvement district shall be designated a "utility local improvement district".
The provisions of chapters 35.45, 35.47 and 35.48 RCW shall have no application to utility local improvement districts created under authority of this section.
[ 1969 ex.s. c 258 s 2; 1967 c 52 s 1.]
Notes:
Construction—1967 c 52: "The authority granted by this 1967 amendatory act shall be considered an alternative and additional method of securing payment of revenue bonds issued for the purposes specified in RCW 35.43.042 and shall not be construed as a restriction or limitation upon any other method for providing for the payment of any such revenue bonds." [ 1967 c 52 s 27.]
Severability—1967 c 52: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1967 c 52 s 29.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Authority to establish utility local improvement districts—Procedure.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 35.43.043

text:
The legislative authority of any city or town may by ordinance convert any then existing local improvement district into a utility local improvement district at any time prior to the adoption of an ordinance approving and confirming the final assessment roll of such local improvement district. The ordinance so converting the local improvement district shall provide for the payment of the special assessments levied in that district into the special fund established or to be established for the payment of revenue bonds issued to defray the cost of the local improvement in that district.
[ 1967 c 52 s 28.]
Notes:
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.

catchline: Conversion of local improvement district into utility local improvement district.


title: RCW 35.43.045

text:
Every city or town shall have the right of entry upon all irrigation, drainage, or flood control canal or ditch rights-of-way within its limits for all purposes necessary to safeguard the public from the hazards of such open canals or ditches, and the right to cause to be constructed, installed, and maintained upon or adjacent to such rights-of-way safeguards as provided in RCW 35.43.040: PROVIDED, That such safeguards must not unreasonably interfere with maintenance of the canal or ditch or with the operation thereof. The city or town, at its option, notwithstanding any laws to the contrary, may require the irrigation, drainage, flood control, or other district, agency, person, corporation, or association maintaining the canal or ditch to supervise the installation and construction of such safeguards, or to maintain the same. If such option is exercised reimbursement must be made by the city or town for all actual costs thereof.
[ 1965 c 7 s 35.43.045. Prior: 1959 c 75 s 2.]
Notes:
Safeguarding open canals or ditches, assessments: RCW 35.43.040, 35.43.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400, 87.03.480, 87.03.526.

catchline: Open canals or ditches—Safeguards.


title: RCW 35.43.050

text:
When the legislative body of any city or town finds that all of the property within a local improvement district or utility local improvement district will be benefited by the improvements as a whole, a local improvement district or utility local improvement district may include adjoining, vicinal, or neighboring streets, avenues, and alleys or other improvements even though the improvements thus made are not connected or continuous. The assessment rates may be ascertained on the basis of the special benefit of the improvements as a whole to the properties within the entire local improvement district or utility local improvement district, or on the basis of the benefit of each unit of the improvements to the properties specially benefited by that unit, or the assessment rates may be ascertained by a combination of the two bases. Where no finding is made by the legislative body as to the benefit of the improvements as a whole to all of the property within a local improvement district or utility local improvement district, the cost and expense of each continuous unit of the improvements shall be ascertained separately, as near as may be, and the assessment rates shall be computed on the basis of the cost and expense of each unit. In the event of the initiation of a local improvement district authorized by this section or a utility local improvement district authorized by this section, the legislative body may, in its discretion, eliminate from the district any unit of the improvement which is not connected or continuous and may proceed with the balance of the improvement within the local improvement district or utility local improvement district, as fully and completely as though the eliminated unit had not been included within the improvement district, without the giving of any notices to the property owners remaining within the district, other than such notices as are required by the provisions of this chapter to be given subsequent to such elimination.
[ 1985 c 397 s 2; 1967 c 52 s 3; 1965 c 7 s 35.43.050. Prior: 1957 c 144 s 14; prior: 1947 c 155 s 1, part; 1941 c 90 s 1, part; 1915 c 168 s 2, part; 1911 c 98 s 13, part; Rem. Supp. 1947 s 9365, part.]
Notes:
Authority supplemental—1985 c 397: See RCW 35.51.900.
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.

catchline: Authority—Noncontinuous improvements.


title: RCW 35.43.060

text:
The city council of any city which is composed of two or more cities or towns which have been or may hereafter be consolidated may make and pass all resolutions, orders and ordinances necessary for any assessment where the improvement was made or was being made by a component city or town prior to consolidation.
[ 1965 c 7 s 35.43.060. Prior: 1911 c 98 s 64; RRS s 9417.]

catchline: Consolidated cities—Procedure.


title: RCW 35.43.070

text:
A local improvement may be ordered only by an ordinance of the city or town council, pursuant to either a resolution or petition therefor. The ordinance must receive the affirmative vote of at least a majority of the members of the council.
Charters of cities of the first class may prescribe further limitations. In cities and towns other than cities of the first class, the ordinance must receive the affirmative vote of at least two-thirds of the members of the council if, prior to its passage, written objections to its enactment are filed with the city clerk by or on behalf of the owners of a majority of the lineal frontage of the improvement and of the area within the limits of the proposed improvement district.
[ 1965 c 7 s 35.43.070. Prior: (i) 1911 c 98 s 8; RRS s 9359. (ii) 1911 c 98 s 66; RRS s 9419.]

catchline: Ordinance—Action on petition or resolution.


title: RCW 35.43.075

text:
Whenever the formation of a local improvement district or utility local improvement district which lies entirely or in part outside of a city or town's corporate limits is initiated by petition the legislative authority of the city or town may by a majority vote deny the petition and refuse to form the local improvement district or utility local improvement district.
[ 1967 c 52 s 4; 1965 c 7 s 35.43.075. Prior: 1963 c 56 s 3.]
Notes:
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.

catchline: Petition for district outside city may be denied.


title: RCW 35.43.080

text:
Every ordinance ordering a local improvement to be paid in whole or in part by assessments against the property specially benefited shall describe the improvement and establish a local improvement district to be known as "local improvement district No. . . . .," or a utility local improvement district to be known as "utility local improvement district No. . . . ." which shall embrace as nearly as practicable all the property specially benefited by the improvement.
[ 1969 ex.s. c 258 s 3; 1967 c 52 s 5; 1965 c 7 s 35.43.080. Prior: 1957 c 144 s 15; prior: (i) 1947 c 155 s 1, part; 1941 c 90 s 1, part; 1915 c 168 s 2, part; 1911 c 98 s 13, part; Rem. Supp. 1947 s 9365, part. (ii) 1929 c 97 s 2; 1911 c 98 s 14; RRS s 9366.]
Notes:
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.

catchline: Ordinance—Creation of district.


title: RCW 35.43.100

text:
The council may continue the hearing upon any petition or resolution provided for in this chapter and shall retain jurisdiction thereof until it is finally disposed of. The action and decision of the council as to all matters passed upon by it in relation to any petition or resolution shall be final and conclusive. No lawsuit whatsoever may be maintained challenging the jurisdiction or authority of the council to proceed with the improvement and creating the local improvement district or in any way challenging the validity thereof or any proceedings relating thereto unless that lawsuit is served and filed no later than thirty days after the date of passage of the ordinance ordering the improvement and creating the district or, when applicable, no later than thirty days after the expiration of the thirty-day protest period provided in RCW 35.43.180.
[ 1969 ex.s. c 258 s 4; 1965 c 7 s 35.43.100. Prior: 1911 c 98 s 19; RRS s 9371.]

catchline: Ordinance—Finality—Limitation upon challenging jurisdiction or authority to proceed.


title: RCW 35.43.110

text:
Proceedings to establish local improvement districts must be initiated by petition in the following cases:
(1) Any local improvement payable in whole or in part by special assessments which includes a charge for the cost and expense of operation and maintenance of escalators or moving sidewalks shall be initiated only upon a petition signed by the owners of two-thirds of the lineal frontage upon the improvement to be made and two-thirds of the area within the limits of the proposed improvement district;
(2) If the management of park drives, parkways, and boulevards of a city has been vested in a board of park commissioners or similar authority: PROVIDED, That the proceedings may be initiated by a resolution, if the ordinance is passed at the request of the park board or similar authority therefor specifying the particular drives, parkways, or boulevards, or portions thereof to be improved and the nature of the improvement.
[ 1981 c 313 s 10; 1965 c 7 s 35.43.110. Prior: 1957 c 144 s 3; prior: (i) 1911 c 98 s 58, part; RRS s 9411, part. (ii) 1945 c 190 s 1, part; 1915 c 168 s 6, part; 1913 c 131 s 1, part; 1911 c 98 s 6, part; Rem. Supp. 1945 s 9357, part.]
Notes:
Severability—1981 c 313: See note following RCW 36.94.020.

catchline: Petition—Mandatory, when.


title: RCW 35.43.120

text:
Any local improvement may be initiated upon a petition signed by the owners of property aggregating a majority of the area within the proposed district. The petition must briefly describe: (1) The nature of the proposed improvement, (2) the territorial extent of the proposed improvement, (3) what proportion of the area within the proposed district is owned by the petitioners as shown by the records in the office of the county auditor, and (4) the fact that actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to the increased true and fair value the improvement, or street lighting, adds to the property.
If any of the property within the area of the proposed district stands in the name of a deceased person, or of any person for whom a guardian has been appointed and not discharged, the signature of the executor, administrator, or guardian, as the case may be, shall be equivalent to the signature of the owner of the property on the petition. The petition must be filed with the clerk or with such other officer as the city or town by charter or ordinance may require.
[ 1989 c 243 s 1; 1981 c 323 s 1; 1969 ex.s. c 258 s 5; 1965 c 7 s 35.43.120. Prior: 1957 c 144 s 6; prior: 1911 c 98 s 9, part; RRS s 9360, part.]

catchline: Petition—Requirements.


title: RCW 35.43.125

text:
A public hearing shall be held on the creation of a proposed local improvement district or utility local improvement district that is initiated by petition. Notice requirements for this public hearing shall be the same as for the public hearing on the creation of a proposed local improvement district or utility local improvement district that is initiated by resolution.
[ 1987 c 315 s 2.]

catchline: Petition—Notice and public hearing required.


title: RCW 35.43.130

text:
Upon the filing of a petition or upon the adoption of a resolution, as the case may be, initiating a proceeding for the formation of a local improvement district or utility local improvement district, the proper board, officer, or authority designated by charter or ordinance to make the preliminary estimates and assessment roll shall cause an estimate to be made of the cost and expense of the proposed improvement and certify it to the legislative authority of the city or town together with all papers and information in its 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 within the proposed district.
If the proceedings were initiated by petition the designated board, officer or authority shall also determine the sufficiency of the petition and whether the facts set forth therein are true. If the petition is found to be sufficient and in all proceedings initiated by resolution of the legislative authority of the city or town, the estimates must be accompanied by a diagram showing thereon the lots, tracts, and parcels of land and other property which will be specially benefited by the proposed improvement and the estimated amount of the cost and expense thereof to be borne by each lot, tract, or parcel of land or other property: PROVIDED, That no such diagram shall be required where such estimates are on file in the office of the city engineer, or other designated city office, together with a detailed copy of the preliminary assessment roll and the plans and assessment maps of the proposed improvement.
For the purpose of estimating and levying local improvement assessments, the value of property of the United States, of the state, or of any county, city, town, school district, or other public corporation whose property is not assessed for general taxes shall be computed according to the standards afforded by similarly situated property which is assessed for general taxes.
[ 1983 c 303 s 1; 1967 c 52 s 6; 1965 c 7 s 35.43.130. Prior: 1957 c 144 s 7; prior: 1953 c 26 s 1. (i) 1911 c 98 s 9, part; RRS s 9360, part. (ii) 1929 c 97 s 1, part; 1911 c 98 s 10, part; RRS s 9361, part. (iii) 1949 c 28 s 1, part; 1931 c 85 s 1, part; 1927 c 109 s 1, part; 1923 c 135 s 1, part; 1921 c 128 s 1, part; 1915 c 168 s 1, part; 1911 c 98 s 12, part; Rem. Supp. 1949 s 9363, part. (iv) 1927 c 209 s 4, part; 1923 c 141 s 4, part; RRS s 9351-4, part.]
Notes:
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.

catchline: Preliminary estimates and assessment roll.


title: RCW 35.43.140

text:
Any local improvement to be paid for in whole or in part by the levy and collection of assessments upon the property within the proposed improvement district may be initiated by a resolution of the city or town council or other legislative authority of the city or town, declaring its intention to order the improvement, setting forth the nature and territorial extent of the improvement, containing a statement that actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to the increased true and fair value the improvement, or street lighting, adds to the property, and notifying all persons who may desire to object thereto to appear and present their objections at a time to be fixed therein.
In the case of trunk sewers and trunk water mains the resolution must describe the routes along which the trunk sewer, subsewer and branches of trunk water main and laterals are to be constructed.
In case of dikes or other structures to protect the city or town or any part thereof from overflow or to open, deepen, straighten, or enlarge watercourses, waterways and other channels the resolution must set forth the place of commencement and ending thereof and the route to be used.
In the case of auxiliary water systems, or extensions thereof or additions thereto for protection of the city or town or any part thereof from fire, the resolution must set forth the routes along which the auxiliary water system or extensions thereof or additions thereto are to be constructed and specifications of the structures or works necessary thereto or forming a part thereof.
The resolution shall be published in at least two consecutive issues of the official newspaper of the city or town, the first publication to be at least fifteen days before the day fixed for the hearing.
The hearing herein required may be held before the city or town council, or other legislative authority, or before a committee thereof. The legislative authority of a city or town may designate an officer to conduct the hearings. The committee or hearing officer shall report recommendations on the resolution to the legislative authority for final action.
[ 1994 c 71 s 2; 1989 c 243 s 2; 1985 c 469 s 29; 1984 c 203 s 1; 1965 c 7 s 35.43.140. Prior: 1957 c 144 s 8; prior: 1953 c 177 s 1. (i) 1929 c 97 s 1, part; 1911 c 98 s 10, part; RRS s 9361, part. (ii) 1911 c 98 s 16, part; RRS s 9368, part. (iii) 1911 c 98 s 17, part; RRS s 9369, part. (iv) 1911 c 98 s 18, part; RRS s 9370, part.]
Notes:
Severability—1984 c 203: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1984 c 203 s 10.]

catchline: Resolutions—Contents, publication—Hearing, by whom held.


title: RCW 35.43.150

text:
Notice of the hearing upon a resolution declaring the intention of the legislative authority of a city or town to order an improvement shall be given by mail at least fifteen days before the day fixed for hearing to the owners or reputed owners of all lots, tracts, and parcels of land or other property to be specially benefited by the proposed improvement, as shown on the rolls of the county assessor, directed to the address thereon shown.
The notice shall set forth the nature of the proposed improvement, the estimated cost, a statement that actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to the increased true and fair value the improvement, or street lighting, adds to the property, and the estimated benefits of the particular lot, tract, or parcel.
[ 1989 c 243 s 3; 1983 c 303 s 2; 1965 c 7 s 35.43.150. Prior: 1957 c 144 s 9; prior: 1929 c 97 s 1, part; 1911 c 98 s 10, part; RRS s 9361, part.]

catchline: Resolutions—Hearing upon—Notice.


title: RCW 35.43.180

text:
The jurisdiction of the legislative authority of a city or town to proceed with any local improvement initiated by resolution shall be divested by a protest filed with the city or town council within thirty days from the date of passage of the ordinance ordering the improvement, signed by the owners of the property within the proposed local improvement district or utility local improvement district subject to sixty percent or more of the total cost of the improvement including federally-owned or other nonassessable property as shown and determined by the preliminary estimates and assessment roll of the proposed improvement district or, if all or part of the local improvement district or utility local improvement district lies outside of the city or town, such jurisdiction shall be divested by a protest filed in the same manner and signed by the owners of property which is within the proposed local improvement district or utility local improvement district but outside the boundaries of the city or town, and which is subject to sixty percent or more of that part of the total cost of the improvement allocable to property within the proposed local improvement district or utility local improvement district but outside the boundaries of the city or town, including federally-owned or other nonassessable property: PROVIDED, That such restraint by protest shall not apply to any of the following local improvements, if the legislative body finds and recites in the ordinance or resolution authorizing the improvement that such improvement is necessary for the protection of the public health and safety and such ordinance or resolution is passed by unanimous vote of all members present: (1) Sanitary sewers or watermains where the health officer of the city or town, or department of ecology, files with the legislative authority a report showing the necessity for such improvement; and (2) fire hydrants where the chief of the fire department files a report showing the necessity for such improvement.
[ 1983 c 303 s 3; 1967 c 52 s 8; 1965 c 58 s 2; 1965 c 7 s 35.43.180. Prior: 1963 c 56 s 2; 1957 c 144 s 12; prior: 1949 c 28 s 1, part; 1931 c 85 s 1, part; 1927 c 109 s 1, part; 1923 c 135 s 1, part; 1921 c 128 s 1, part; 1915 c 168 s 1, part; 1911 c 98 s 12, part; Rem. Supp. 1949 s 9363, part.]
Notes:
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.

catchline: Restraint by protest.


title: RCW 35.43.182

text:
If an owner of property enters into an agreement with a city or town waiving the property owner's right under RCW 35.43.180 to protest formation of a local improvement district, the agreement must specify the improvements to be financed by the district and shall set forth the effective term of the agreement, which shall not exceed ten years. The agreement must be recorded with the auditor of the county in which the property is located. It is against public policy and void for an owner, by agreement, as a condition imposed in connection with proposed property development, or otherwise, to waive rights to object to the property owner's individual assessment (including the determination of special benefits allocable to the property), or to appeal to the superior court the decision of the city or town council affirming the final assessment roll.
[ 1988 c 179 s 8.]
Notes:
Severability—Prospective application—Section captions—1988 c 179: See RCW 39.92.900 and 39.92.901.

catchline: Waivers of protest—Recording—Limits on enforceability.


title: RCW 35.43.184

text:
The city or town engineer or other designated official may contract with owners of real property to provide for payment by the owners of the cost of the preparation of engineering plans, surveys, studies, appraisals, legal services, and other expenses associated with improvements to be financed in whole or in part by a local improvement district (not including the cost of actual construction of such improvements), that the owners elect to undertake. The contract may provide for reimbursement to the owner of such costs from the proceeds of bonds issued by the district after formation of a district under this chapter, from assessments paid to the district as appropriate, or by a credit in the amount of such costs against future assessments assessed against such property under the district. Such reimbursement shall be made to the owner of the property at the time of reimbursement. The contract shall also provide that such costs shall not be reimbursed to the owner if a district to construct the specified improvements (as the project may be amended) is not formed within six years of the date of the contract. The contract shall provide that any preformation work shall be conducted only under the direction of the city or town engineer or other appropriate city or town authority.
[ 1988 c 179 s 9.]
Notes:
Severability—Prospective application—Section captions—1988 c 179: See RCW 39.92.900 and 39.92.901.

catchline: Preformation expenditures.


title: RCW 35.43.186

text:
A city or town ordering a local improvement upon which special assessments on property specifically benefited by the improvement are levied and collected, may provide as part of the ordinance creating the local improvement district that moneys paid or the cost of facilities constructed by a property owner in the district in satisfaction of obligations under chapter 39.92 RCW, shall be credited against assessments due from the owner of such property at the time the credit is made, if those moneys paid or facilities constructed directly defray the cost of the specified improvements under the district and if credit for such amounts is reflected in the final assessment roll confirmed for the district.
[ 1988 c 179 s 10.]
Notes:
Severability—Prospective application—Section captions—1988 c 179: See RCW 39.92.900 and 39.92.901.

catchline: Credits for other assessments.


title: RCW 35.43.188

text:
A city or town ordering a local improvement upon which special assessments on property specifically benefited by the improvement are levied and collected, may provide as part of the ordinance creating the local improvement district that the payment of an assessment levied for the district on underdeveloped properties may be made by owners of other properties within the district, if they so elect, subject to terms of reimbursement set forth in the ordinance. The terms for reimbursement shall require the owners of underdeveloped properties on whose behalf payments of assessments have been made to reimburse all such assessment payments to the party who made them when those properties are developed or redeveloped, together with interest at a rate specified in the ordinance. The ordinance may provide that reimbursement shall be made on a one-time, lump sum basis, or may provide that reimbursement shall be made over a period not to exceed five years. The ordinance may provide that reimbursement shall be made no later than the time of dissolution of the district, or may provide that no reimbursement is due if the underdeveloped properties are not developed or redeveloped before the dissolution of the district. Reimbursement amounts due from underdeveloped properties under this section are liens upon the underdeveloped properties in the same manner and with like effect as assessments made under this chapter. For the purposes of this section, "underdeveloped properties" may include those properties that, in the discretion of the legislative body of the city or town, (1) are undeveloped or are not developed to their highest and best use, and (2) are likely to be developed or redeveloped before the dissolution of the district.
[ 1988 c 179 s 11.]
Notes:
Severability—Prospective application—Section captions—1988 c 179: See RCW 39.92.900 and 39.92.901.

catchline: Assessment reimbursement accounts.


title: RCW 35.43.190

text:
All local improvements, the funds for the making of which are derived in whole or in part from assessments upon property specially benefited shall be made by contract on competitive bids whenever the estimated cost of such improvement including the cost of materials, supplies, labor, and equipment will exceed the sum of five thousand dollars. The city, town, or public corporation may reject any and all bids. The city, town, or public corporation itself may make the local improvements if all the bids received exceed by ten percent preliminary cost estimates prepared by an independent consulting engineer or registered professional engineer retained for that purpose by the city, town, or public corporation.
[ 1987 c 242 s 3; 1971 ex.s. c 116 s 6; 1965 c 7 s 35.43.190. Prior: 1911 c 98 s 59; RRS s 9412.]
Notes:
Policy—1987 c 242: See note following RCW 35.43.005.

catchline: Work—By contract or by city or public corporation.


title: RCW 35.43.200

text:
Any city or town in this state owning and operating a municipal street railway over one hundred miles of track shall have power to provide for purchasing, or otherwise acquiring, or constructing and equipping surface, subway and elevated street railways and extensions thereof, and to levy and collect special assessments on property specially benefited thereby, for paying the cost and expense of the same or any portion thereof, as hereinafter provided.
[ 1965 c 7 s 35.43.200. Prior: 1923 c 176 s 1; RRS s 9425-1.]

catchline: Street railways at expense of property benefited.


title: RCW 35.43.210

text:
Any improvement district created under RCW 35.43.200- 35.43.230 shall be created only by ordinance defining its boundaries as specified and described in the petition therefor and specifying the plan or system therein provided for; and shall be initiated only upon a petition therefor, specifying and describing the boundaries of such district and specifying the plan or system of proposed improvement, signed by the owners of at least sixty percent of the lineal frontage upon the proposed improvement and of at least fifty percent of the area within the limits of the proposed improvement district: PROVIDED, That the city council may in its discretion reject any such petition.
[ 1965 c 7 s 35.43.210. Prior: 1923 c 176 s 2; RRS s 9425-2.]

catchline: Street railways at expense of property benefited—Petition—Assessment district.


title: RCW 35.43.220

text:
The cost and expense of any such improvement shall be distributed and assessed against all the property included in such local improvement district, in accordance with the special benefits conferred thereon.
[ 1965 c 7 s 35.43.220. Prior: 1923 c 176 s 3; RRS s 9425-3.]

catchline: Street railways at expense of property benefited—Assessment of cost.


title: RCW 35.43.230

text:
Except as herein otherwise provided all matters and proceedings relating to such local improvement district, the levying and collecting of assessments, the issuance and redemption of local improvement warrants and bonds, and the enforcement of local assessment liens hereunder shall be governed by the laws relating to local improvements; and all matters and proceedings relating to the purchase, acquisition, or construction and equipment of the improvement and the operation of the same hereunder and the issuance and redemption of utility bonds and warrants, if any, and the use of general or utility funds, if any, in connection with the purchase, acquisition, construction, equipping, or operation of the improvement shall be governed by the laws relating to municipal public utilities.
[ 1965 c 7 s 35.43.230. Prior: 1923 c 176 s 4; RRS s 9425-4.]

catchline: Street railways at expense of property benefited—Procedure.


title: RCW 35.43.250

text:
Any city of the first class in this state ordering any local improvement upon which shall be levied and collected special assessments on property specifically benefited thereby may provide as part of the ordinance creating any local improvement district that the collection of any assessment levied therefor may be deferred until a time previous to the dissolution of the district for those economically disadvantaged property owners or other persons who, under the terms of a recorded contract of purchase, recorded mortgage, recorded deed of trust transaction or recorded lease are responsible under penalty of forfeiture, foreclosure or default as between vendor/vendee, mortgagor/mortgagee, grantor and trustor/trustee and grantee, and beneficiary and lendor, or lessor and lessee for the payment of local improvement district assessments, and in the manner specified in the ordinance qualify for such deferment, upon assurance of property security for the payment thereof.
[ 1972 ex.s. c 137 s 2.]
Notes:
Severability—1972 ex.s. c 137: See note following RCW 35.49.010.

catchline: Deferral of collection of assessments for economically disadvantaged persons—Authorized.


title: RCW 35.43.260

text:
Any municipal corporation, quasi municipal corporation, or political subdivision which has the authority to install sewers by establishing local improvement districts, which has charged and collected monthly service fees for sewers, that have been authorized and approved by the voters and have not been constructed for a period of ten or more years since the voter approval, is hereby authorized and directed to grant a credit against the future assessment to be assessed at the time of actual completion of construction of the sewers for each parcel of real property in an amount equal in dollars to the total amount of service fees charged and collected since voter approval for each such parcel, plus interest at six percent compounded annually: PROVIDED, That if such service fees and interest exceed the future assessment for construction of the sewers, such excess funds shall be used to defray future sewer service charge fees.
It is the intent of the legislature that the provisions of this section are procedural and remedial and shall have retroactive effect.
[ 1977 c 72 s 3.]

catchline: Service fees for sewers not constructed within ten years after voter approval—Credit against future assessments, service charges.


title: RCW 35.43.270

text:
Whenever it is proposed that a local improvement district or utility local improvement district finance sanitary sewers or potable water facilities, additional notice of the public hearing on the proposed improvement district shall be mailed to the owners of any property located outside of the proposed improvement district that would be required as a condition of federal housing administration loan qualification, at the time of notice, to be connected to the specific sewer or water facilities installed by the local improvement district. The notice shall include information about this restriction.
[ 1987 c 315 s 1.]

catchline: Sanitary sewer or potable water facilities—Notice to certain property owners.


title: RCW 35.43.280

text:
(1) The settlement of Indian land and other claims against public and private property owners is declared to be in the interest of public health and safety, orderly government, environmental protection, economic development, and the social well-being of the citizens of this state, and to specifically benefit the properties released from those claims.
It is the purpose of chapter 4, Laws of 1989 1st ex. sess. to encourage the settlement of such Indian land and other claims lawsuits by permitting the establishment and use of local improvement districts to finance all or a portion of the settlement costs of such lawsuits.
(2) A local improvement district may be established by a local government legislative authority to finance all or part of the settlement costs in an Indian land and other claims settlement related to public and private property located within the local government. The settlement of an Indian land claim lawsuit shall be deemed to be an improvement that may be financed in whole or in part through use of a local improvement district.
Except as expressly provided in this section, all matters relating to the establishment and operation of such a local improvement district, the levying and collection of special assessments, the issuance of local improvement district bonds and other obligations, and all related matters, shall be subject to the provisions of chapters 35.43 through 35.54 RCW. The resolution or petition initiating the creation of a local improvement district used to finance all or a portion of an Indian land and other claims settlement shall describe the general nature of the Indian land and other claims and the proposed settlement. The value of a contribution by any person, municipal corporation, political subdivision, or the state of money, real property, or personal property to the settlement of Indian land and other claims shall be credited to any assessment for a local improvement district under this section.
[ 1989 1st ex.s. c 4 s 2.]
Notes:
Severability—1989 1st ex.s. c 4: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 1st ex.s. c 4 s 4.]

catchline: Settlement of Indian claims.


title: RCW 35.44.010

text:
All property included within the limits of a local improvement district or utility local improvement district shall be considered to be the property specially benefited by the local improvement and shall be the property to be assessed to pay the cost and expense thereof or such part thereof as may be chargeable against the property specially benefited. The cost and expense shall be assessed upon all the property in accordance with the special benefits conferred thereon.
[ 1985 c 397 s 3; 1967 c 52 s 9; 1965 c 7 s 35.44.010. Prior: 1957 c 144 s 16; prior: 1947 c 155 s 1, part; 1941 c 90 s 1, part; 1915 c 168 s 2, part; 1911 c 98 s 13, part; Rem. Supp. 1947 s 9365, part.]
Notes:
Authority supplemental—1985 c 397: See RCW 35.51.900.
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.

catchline: Assessment district—All property to be assessed—Basis.


title: RCW 35.44.015

text: See RCW 84.34.300 through 84.34.380 and 84.34.922.

catchline: Special benefit assessments for farm and agricultural land—Exemption from assessments, etc.


title: RCW 35.44.020

text:
There shall be included in the cost and expense of every local improvement for assessment against the property in the district created to pay the same, or any part thereof:
(1) The cost of all of the construction or improvement authorized for the district including, but not limited to, that portion of the improvement within the street intersections;
(2) The estimated cost and expense of all engineering and surveying necessary for the improvement done under the supervision of the city or town engineer;
(3) The estimated cost and expense of ascertaining the ownership of the lots or parcels of land included in the assessment district;
(4) The estimated cost and expense of advertising, mailing, and publishing all necessary notices;
(5) The estimated cost and expense of accounting, clerical labor, and of books and blanks extended or used on the part of the city or town clerk and city or town treasurer in connection with the improvement;
(6) All cost of the acquisition of rights-of-way, property, easements, or other facilities or rights, including without limitation rights to use property, facilities, or other improvements appurtenant, related to, and/or useful in connection with the local improvement, whether by eminent domain, purchase, gift, payment of connection charges, capacity charges, or other similar charges or in any other manner;
(7) The cost for legal, financial, and appraisal services and any other expenses incurred by the city, town, or public corporation for the district or in the formation thereof, or by the city, town, or public corporation in connection with such construction or improvement and in the financing thereof, including the issuance of any bonds and the cost of providing for increases in the local improvement guaranty fund, or providing for a separate reserve fund or other security for the payment of principal of and interest on such bonds.
Any of the costs set forth in this section may be excluded from the cost and expense to be assessed against the property in such local improvement district and may be paid from any other moneys available therefor if the legislative body of the city or town so designates by ordinance at any time.
[ 1995 c 382 s 1; 1987 c 242 s 4; 1985 c 397 s 4; 1971 ex.s. c 116 s 8; 1969 ex.s. c 258 s 6; 1965 c 7 s 35.44.020. Prior: 1955 c 364 s 1; 1911 c 98 s 55; RRS s 9408.]
Notes:
Policy—1987 c 242: See note following RCW 35.43.005.
Authority supplemental—1985 c 397: See RCW 35.51.900.

catchline: Assessment district—Cost items to be included.


title: RCW 35.44.030

text:
For the purpose of ascertaining the amount to be assessed against each separate lot, tract, parcel of land or other property therein, the local improvement district or utility local improvement district shall be divided into subdivisions or zones paralleling the margin of the street, avenue, lane, alley, boulevard, park drive, parkway, public place or public square to be improved, numbered respectively first, second, third, fourth, and fifth.
The first subdivision shall include all lands within the district lying between the street margins and lines drawn parallel therewith and thirty feet therefrom.
The second subdivision shall include all lands within the district lying between lines drawn parallel with and thirty and sixty feet respectively from the street margins.
The third subdivision shall include all lands within the district lying between lines drawn parallel with and sixty and ninety feet respectively from the street margins.
The fourth subdivision shall include all lands, if any, within the district lying between lines drawn parallel with and ninety and one hundred twenty feet respectively from the street margins.
The fifth subdivision shall include all lands, if any, within the district lying between a line drawn parallel with and one hundred twenty feet from the street margin and the outer limit of the improvement district.
[ 1967 c 52 s 10; 1965 c 7 s 35.44.030. Prior: 1957 c 144 s 17; prior: 1947 c 155 s 1, part; 1941 c 90 s 1, part; 1915 c 168 s 2, part; 1911 c 98 s 13, part; Rem. Supp. 1947 s 9365, part.]
Notes:
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.

catchline: Assessment district—Zones.


title: RCW 35.44.040

text:
The rate of assessment per square foot in each subdivision of an improvement district shall be fixed on the basis that the special benefits conferred on a square foot of land in subdivisions first, second, third, fourth and fifth, respectively, are related to each other as are the numbers, forty-five, twenty-five, twenty, ten, and five, respectively, and shall be ascertained in the following manner:
(1) The products of the number of square feet in subdivisions first, second, third, fourth, and fifth, respectively, and the numbers forty-five, twenty-five, twenty, ten, and five, respectively, shall be ascertained;
(2) The aggregate sum thereof shall be divided into the total cost and expense of the improvement;
(3) The resultant quotient multiplied by forty-five, twenty-five, twenty, ten, and five, respectively, shall be the respective rate of assessment per square foot for subdivisions first, second, third, fourth and fifth: PROVIDED, That in lieu of the above formula the rate of assessment per square foot in each subdivision of an improvement district may be fixed on the basis that the special benefits conferred on a square foot of land in subdivisions first, second, third, fourth and fifth, respectively, are related to each other as are the numbers 0.015000, 0.008333, 0.006666, 0.003333, and 0.001666, respectively; and the method of determining the assessment on each lot, tract, or parcel of land in the improvement district may be ascertained in the following manner:
(1) The products of the number of square feet in subdivisions first, second, third, fourth and fifth, respectively, for each lot, tract or parcel of land in the improvement district and the numbers 0.015000, 0.008333, 0.006666, 0.003333 and 0.001666, respectively, shall be ascertained. The sum of all such products for each such lot, tract or parcel of land shall be the number of "assessable units of frontage" therein;
(2) The rate for each assessable unit of frontage shall be determined by dividing that portion of the total cost of the improvement representing special benefits by the aggregate sum of all assessable units of frontage;
(3) The assessment for each lot, tract or parcel of land in the improvement district shall be the product of the assessable units of frontage therefor, multiplied by the rate per assessable unit of frontage.
[ 1965 c 7 s 35.44.040. Prior: 1957 c 144 s 18; prior: 1947 c 155 s 1, part; 1941 c 90 s 1, part; 1915 c 168 s 2, part; 1911 c 98 s 13, part; Rem. Supp. 1947 s 9365, part.]

catchline: Assessment rate per square foot.


title: RCW 35.44.045

text:
As an alternative to other methods of ascertaining assessments for local improvements, in a local improvement district established for safeguarding open canals or ditches, the district may be sectioned into subdivisions or zones paralleling the canal or ditch, numbered respectively, first, second, third and fourth. Each subdivision shall be equal to one-quarter of the width of the district as measured back from the margin of the canal right-of-way. The rate of assessment per square foot in each subdivision so formed shall be fixed on the basis that the special benefits conferred on a square foot of land in subdivisions first, second, third, and fourth, respectively, are related to each other as are the numbers, forty, thirty, twenty, and ten, respectively, and shall be ascertained in the following manner:
(1) The products of the number of square feet in subdivisions first, second, third, and fourth, respectively, and the numbers forty, thirty, twenty, and ten, respectively, shall be ascertained;
(2) The aggregate sum thereof shall be divided into the total cost and expense of the local improvement;
(3) The resultant quotient multiplied by forty, thirty, twenty, and ten, respectively, shall be the respective rate of assessment per square foot for each subdivision.
[ 1965 c 7 s 35.44.045. Prior: 1959 c 75 s 3.]
Notes:
Safeguarding open canals or ditches, assessments: RCW 35.43.040, 35.43.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400, 87.03.480, 87.03.526.

catchline: Open canals or ditches—Safeguards—Ascertaining assessments.


title: RCW 35.44.047

text:
Notwithstanding the methods of assessment provided in RCW 35.44.030, 35.44.040 and 35.44.045, the city or town may use any other method or combination of methods to compute assessments which may be deemed to more fairly reflect the special benefits to the properties being assessed. The failure of the council to specifically recite in its ordinance ordering the improvement and creating the local improvement district that it will not use the zone and termini method of assessment shall not invalidate the use of any other method or methods of assessment.
[ 1969 ex.s. c 258 s 7.]

catchline: Other methods of computing assessments may be used.


title: RCW 35.44.050

text:
The total assessment thus ascertained against each separate lot, tract, parcel of land, or other property in the district shall be entered upon the assessment roll as the amount to be levied and assessed against each separate lot, tract, parcel of land, or other property.
[ 1965 c 7 s 35.44.050. Prior: 1957 c 144 s 19; prior: 1947 c 155 s 1, part; 1941 c 90 s 1, part; 1915 c 168 s 2, part; 1911 c 98 s 13, part; Rem. Supp. 1947 s 9365, part.]

catchline: Assessment roll—Entry of assessments against property.


title: RCW 35.44.060

text:
The diagram or print directed to be submitted to the council shall be in the nature of a preliminary determination by the designated administrative board, officer, or authority upon the method and relative estimated amounts of assessments to be levied upon the property specially benefited by the improvement and shall not be binding or conclusive in any way upon the board, officer, or authority in the preparation of the assessment roll for the improvement or upon the council in any hearing affecting the assessment roll.
[ 1965 c 7 s 35.44.060. Prior: 1911 c 98 s 11; RRS s 9362.]

catchline: Assessment roll—Diagram on preliminary survey not conclusive.


title: RCW 35.44.070

text:
The assessment roll for local improvements when prepared as provided by law shall be filed with the city or town clerk. The council or other legislative authority shall thereupon fix a date for a hearing thereon before such legislative authority or may direct that the hearing shall be held before a committee thereof or the legislative authority of any city or town 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 such legislative authority 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 such legislative authority. A local ordinance shall provide for an appeal by any person protesting his or her assessment to the legislative authority of a decision made by such officer. The same procedure may if so directed by such legislative authority be followed with respect to any assessment upon the roll which is raised or changed to include omitted property. Such legislative authority shall direct the clerk to give notice of the hearing and of the time and place thereof.
[ 1994 c 71 s 1; 1979 ex.s. c 100 s 1; 1965 c 7 s 35.44.070. Prior: 1953 c 177 s 2; 1929 c 97 s 3, part; 1911 c 98 s 21, part; RRS s 9373, part.]

catchline: Assessment roll—Filing—Hearing, date, by whom held.


title: RCW 35.44.080

text:
The notice of hearing upon the assessment roll shall specify the time and place of hearing and shall notify all persons who may desire to object thereto:
(1) To make their objections in writing and to file them with the city or town clerk at or prior to the date fixed for the hearing;
(2) That at the time and place fixed and at times to which the hearing may be adjourned, the council will sit as a board of equalization for the purpose of considering the roll; and
(3) That at the hearing the council or committee or officer will consider the objections made and will correct, revise, raise, lower, change, or modify the roll or any part thereof or set aside the roll and order the assessment to be made de novo.
Following the hearing the council shall confirm the roll by ordinance.
[ 1979 ex.s. c 100 s 2; 1965 c 7 s 35.44.080. Prior: 1929 c 97 s 3, part; 1911 c 98 s 21, part; RRS s 9373, part.]

catchline: Assessment roll—Notice of hearing.


title: RCW 35.44.090

text:
At least fifteen days before the date fixed for hearing, notice thereof shall be mailed to the owner or reputed owner of the property 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. In addition thereto the notice shall be published at least once a week for two consecutive weeks in the official newspaper of the city or town, the last publication to be at least fifteen days before the date fixed for hearing.
[ 1986 c 278 s 48; 1985 c 469 s 30; 1965 c 7 s 35.44.090. Prior: 1929 c 97 s 3, part; 1911 c 98 s 21, part; RRS s 9373, part.]
Notes:
Severability—1986 c 278: See note following RCW 36.01.010.


title: RCW 35.44.100

text:
At the time fixed for hearing objections to the confirmation of the assessment roll, and at the times to which the hearing may be adjourned, the council may correct, revise, raise, lower, change, or modify the roll or any part thereof, or set aside the roll and order the assessment to be made de novo and at the conclusion thereof confirm the roll by ordinance.
[ 1965 c 7 s 35.44.100. Prior: 1929 c 97 s 3, part; 1911 c 98 s 21, part; RRS s 9373, part.]

catchline: Assessment roll—Hearing—Objections—Authority of council.


title: RCW 35.44.110

text:
All objections to the confirmation of the assessment roll shall state clearly the grounds of objections. Objections not made within the time and in the manner prescribed in this chapter shall be conclusively presumed to have been waived.
[ 1965 c 7 s 35.44.110. Prior: 1929 c 97 s 3, part; 1911 c 98 s 21, part; RRS s 9373, part.]

catchline: Assessment roll—Objections—Timeliness.


title: RCW 35.44.120

text:
If an assessment roll is amended so as to raise any assessment appearing thereon or to include omitted property, a new time and place for hearing shall be fixed and a new notice of hearing on the roll given as in the case of an original hearing: PROVIDED, That as to any property originally entered upon the roll the assessment upon which has not been raised, no objections to confirmation of the assessment roll shall be considered by the council or by any court on appeal unless the objections were made in writing at or prior to the date fixed for the original hearing upon the assessment roll.
[ 1965 c 7 s 35.44.120. Prior: 1929 c 97 s 3, part; 1911 c 98 s 21, part; RRS s 9373, part.]

catchline: Assessment roll—Amendment—Procedure.


title: RCW 35.44.130

text:
Every city and town shall include in its annual tax levy an amount sufficient to pay all unpaid assessments with all interest, penalties, and charges thereon levied against all lands belonging to the city or town. The proceeds of such a portion of the tax levy shall be placed in a separate fund to be known as the "city (or town) property assessments redemption fund" and by the city or town treasurer inviolably applied in payment of any unpaid assessment liens on any lands belonging to the city or town.
[ 1965 c 7 s 35.44.130. Prior: (i) 1929 c 183 s 1; 1909 c 130 s 1; RRS s 9344. (ii) 1929 c 183 s 2, part; 1909 c 130 s 2, part; RRS s 9345, part.]

catchline: City property—Assessment.


title: RCW 35.44.140

text:
All lands held or owned by any county in fee simple, in trust, or otherwise within the limits of a local improvement district or utility local improvement district of a city or town shall be assessed and charged for their proportion of the cost of the local improvement in the same manner as other property in the district and the county commissioners are authorized to cause the assessments to be paid at the times and in the manner provided by law and the ordinances of the city or town. This section shall apply to all cities and towns, any charter or ordinance provision to the contrary notwithstanding.
[ 1971 ex.s. c 116 s 9; 1967 c 52 s 11; 1965 c 7 s 35.44.140. Prior: (i) 1905 c 29 s 1; RRS s 9340. (ii) 1907 c 61 s 1; 1905 c 29 s 2; RRS s 9341. (iii) 1929 c 139 s 2; 1905 c 29 s 4; RRS s 9343.]
Notes:
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.

catchline: County property assessment.


title: RCW 35.44.150

text:
All leasehold rights and interests of private individuals, firms or corporations in or to harbor areas located within the limits of a city or town are declared to be real property for the purpose of assessment for the payment of the cost of local improvements. They may be assessed and reassessed in accordance with the special benefits received, which shall be limited to benefits accruing during the term of the lease, to the property subject to lease immediately abutting upon the improvement and extending one-half block therefrom not exceeding, however, three hundred fifty feet.
[ 1965 c 7 s 35.44.150. Prior: 1915 c 134 s 1; RRS s 9364.]

catchline: Harbor area leaseholds—Assessment.


title: RCW 35.44.160

text:
All leases of tidelands owned in fee by the state are declared to be real property for the purpose of assessment for the payment of the cost of local improvements.
[ 1965 c 7 s 35.44.160. Prior: 1911 c 98 s 56; RRS s 9409.]

catchline: Leases on tidelands—Assessment.


title: RCW 35.44.170

text:
All lands held by a metropolitan park district in fee simple, in trust, or otherwise within the limits of a local improvement district in a city or town shall be assessed and charged for their proportion of the cost of all local improvements in the same manner as other property in the district.
[ 1965 c 7 s 35.44.170. Prior: (i) 1929 c 204 s 1; RRS s 9343-1. (ii) 1929 c 204 s 2; RRS s 9343-2.]

catchline: Metropolitan park district property—Assessment.


title: RCW 35.44.180

text:
The mailing of any notice required in connection with municipal local improvements shall be conclusively proved by the written certificate of the officer, board, or authority directed by the provisions of the charter or ordinance of a city or town to give the notice.
[ 1965 c 7 s 35.44.180. Prior: 1929 c 97 s 4; RRS s 9373-1.]

catchline: Notices—Mailing—Proof.


title: RCW 35.44.190

text:
Whenever any assessment roll for local improvements has been confirmed by the council, the regularity, validity, and correctness of the proceedings relating to the improvement and to the assessment therefor, including the action of the council upon the assessment roll and the confirmation thereof shall be conclusive in all things upon all parties. They cannot in any manner be contested or questioned in any proceeding by any person unless he or she filed written objections to the assessment roll in the manner and within the time required by the provisions of this chapter and unless he or she prosecutes his or her appeal in the manner and within the time required by the provisions of this chapter.
No proceeding of any kind shall be commenced or prosecuted for the purpose of defeating or contesting any assessment or the sale of any property to pay an assessment or any certificate of delinquency issued therefor, or the foreclosure of any lien therefor, except that injunction proceedings may be brought to prevent the sale of any real estate upon the ground (1) that the property about to be sold does not appear upon the assessment roll or, (2) that the assessment has been paid.
If federal, local, or state funds become available for a local improvement after the assessment roll has been confirmed by the city legislative authority, the funds may be used to lower the assessments on a uniform basis. Any adjustments to the assessments because of the availability of federal or state funds may be made on the next annual payment.
[ 2009 c 549 s 2077; 1985 c 397 s 9; 1965 c 7 s 35.44.190. Prior: 1911 c 98 s 23; RRS s 9375.]

catchline: Proceedings conclusive—Exceptions—Adjustments to assessments if other funds become available.


title: RCW 35.44.200

text:
The decision of the council or other legislative body, upon any objections made in the manner and within the time herein prescribed, shall be final and conclusive, subject however to review by the superior court upon appeal. The appeal shall be made by filing written notice of appeal with the city or town clerk and with the clerk of the superior court of the county in which the city or town is situated.
[ 1965 c 7 s 35.44.200. Prior: 1957 c 143 s 2; prior: 1911 c 98 s 22, part; RRS s 9374, part.]

catchline: Procedure on appeal—Perfecting appeal.


title: RCW 35.44.210

text:
The notice of appeal must be filed within ten days after the ordinance confirming the assessment roll becomes effective and shall describe the property and set forth the objections of the appellant to the assessment.
[ 1965 c 7 s 35.44.210. Prior: 1957 c 143 s 3; prior: 1911 c 98 s 22, part; RRS s 9374, part.]

catchline: Procedure on appeal—Notice of appeal.


title: RCW 35.44.220

text:
At the time of filing the notice of appeal with the clerk of the superior court, the appellant shall execute and file with him or her a sufficient bond in the penal sum of two hundred dollars, with at least two sureties to be approved by the judge of the court, conditioned to prosecute the appeal without delay and, if unsuccessful, to pay all reasonable costs and expenses which the city or town incurs by reason of the appeal. Upon application therefor, the court may order the appellant to execute and file such additional bonds as the necessity of the case may require.
[ 2009 c 549 s 2078; 1971 ex.s. c 116 s 3; 1969 ex.s. c 258 s 8; 1965 c 7 s 35.44.220. Prior: 1957 c 143 s 4; prior: 1911 c 98 s 22, part; RRS s 9374, part.]

catchline: Procedure on appeal—Bond.


title: RCW 35.44.230

text:
Within ten days from the filing of the notice of appeal, the appellant shall file with the clerk of the superior court a transcript consisting of the assessment roll and his or her objections thereto, together with the ordinance confirming the assessment roll and the record of the council with reference to the assessment. This transcript, upon payment of the necessary fees therefor, shall be furnished by the city or town clerk and shall be certified by him or her to contain full, true and correct copies of all matters and proceedings required to be included in the transcript. The fees payable therefor shall be the same as those payable to the clerk of the superior court for the preparation and certification of transcripts on appeal to the supreme court or the court of appeals in civil actions.
[ 2009 c 549 s 2079; 1971 c 81 s 90; 1965 c 7 s 35.44.230. Prior: 1957 c 143 s 5; prior: 1911 c 98 s 22, part; RRS s 9374, part.]

catchline: Procedure on appeal—Transcript.


title: RCW 35.44.240

text:
Within three days after the filing of the transcript with the clerk of the superior court, the appellant shall give notice to the head of the legal department of the city or town and to its clerk that the transcript has been filed. The notice shall also state a time (not less than three days from the date of service thereof) when the appellant will call up the cause for hearing.
[ 1965 c 7 s 35.44.240. Prior: 1957 c 143 s 6; prior: 1911 c 98 s 22, part; RRS s 9374, part.]

catchline: Procedure on appeal—Notice of hearing.


title: RCW 35.44.250

text:
At the time fixed for hearing in the notice thereof or at such further time as may be fixed by the court, the superior court shall hear and determine the appeal without a jury and the cause shall have preference over all other civil causes except proceedings relating to eminent domain in cities and towns and actions of forcible entry and detainer. The judgment of the court shall confirm, unless the court shall find from the evidence that such assessment is founded upon a fundamentally wrong basis and/or the decision of the council or other legislative body thereon was arbitrary or capricious; in which event the judgment of the court shall correct, change, modify, or annul the assessment insofar as it affects the property of the appellant.
[ 1969 ex.s. c 258 s 9; 1965 c 7 s 35.44.250. Prior: 1957 c 143 s 7; prior: 1911 c 98 s 22, part; RRS s 9374, part.]

catchline: Procedure on appeal—Hearing by superior court.


title: RCW 35.44.260

text:
Appellate review of the judgment of the superior court may be obtained as in other cases if sought within fifteen days after the date of the entry of the judgment in the superior court.
[ 1988 c 202 s 36; 1971 c 81 s 91; 1965 c 7 s 35.44.260. Prior: 1957 c 143 s 8; prior: 1911 c 98 s 22, part; RRS s 9374, part.]
Notes:
Rules of court: Appeal procedures superseded by RAP 2.1, 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Procedure on appeal—Appellate review.


title: RCW 35.44.270

text:
A certified copy of the decision of the superior court pertaining to assessments for local improvements shall be filed with the officer having custody of the assessment roll and he or she shall modify and correct the assessment roll in accordance with the decision. In the event appellate review of the decision is sought, a certified copy of the court's order shall be filed with the officer having custody of the assessment roll and the officer shall thereupon modify and correct the assessment roll in accordance with the order.
[ 2009 c 549 s 2080; 1988 c 202 s 37; 1971 c 81 s 92; 1965 c 7 s 35.44.270. Prior: 1957 c 143 s 9; prior: 1911 c 98 s 22, part; RRS s 9374, part.]
Notes:
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Procedure on appeal—Certified copy of decision or order.


title: RCW 35.44.280

text:
In all cases of special assessments for local improvements wherein the assessments are not valid in whole or in part for want of form, or insufficiency, informality, irregularity, or nonconformance with the provisions of law, charter, or ordinance, the city or town council may reassess the assessments and enforce their collection in accordance with the provisions of law and ordinance existing at the time the reassessment is made. This shall apply not only to an original assessment but also to any reassessment, to any assessment upon omitted property and to any supplemental assessment which is declared void and its enforcement refused by any court or which for any cause has been set aside, annulled or declared void by any court either directly or by virtue of any decision thereof.
[ 1965 c 7 s 35.44.280. Prior: 1911 c 98 s 42, part; 1893 c 96 s 3; RRS s 9395, part.]

catchline: Reassessments—When authorized.


title: RCW 35.44.290

text:
Every reassessment shall be made upon the property which has been or will be specially benefited by the local improvement and may be made upon property whether or not it abuts upon, is adjacent to, or proximate to the improvement or was included in the original assessment district.
Property not included in the original improvement district when so assessed shall become a part of the improvement district and all payments of assessments shall be paid into and become part of the local improvement fund to pay for the improvement.
Property in the original local improvement district which is excluded in reassessment need not be entered upon the assessment roll.
Every reassessment must be based upon the actual cost of the improvement at the time of its completion.
[ 1965 c 7 s 35.44.290. Prior: (i) 1911 c 98 s 42, part; 1893 c 96 s 3, part; RRS s 9395, part. (ii) 1911 c 98 s 43, part; 1909 c 71 s 1, part; 1893 c 95 s 2, part; RRS s 9396, part.]

catchline: Reassessments—Basis—Property included.


title: RCW 35.44.300

text:
The fact that the contract has been let or that the improvement has been made and completed in whole or in part shall not prevent the reassessment from being made, nor shall the omission or neglect of any office or officers to comply with the law, the charter, or ordinances governing the city or town as to petition, notice, resolution to improve, estimate, survey, diagram, manner of letting contract, or execution of work or any other matter connected with the improvement and the first assessment thereof operate to invalidate or in any way affect the making of a reassessment.
[ 1965 c 7 s 35.44.300. Prior: 1911 c 98 s 43, part; 1909 c 71 s 1, part; 1893 c 95 s 2, part; RRS s 9396, part.]

catchline: Reassessments—Irregularities not fatal.


title: RCW 35.44.310

text:
The reassessment shall be for an amount which shall not exceed the actual cost and expense of the improvement, together with the accrued interest thereon, it being the true intent and meaning of the statutes relating to local improvements to make the cost and expense of local improvements payable by the property specially benefited thereby, notwithstanding the proceedings of the council, board of public works or other board, officer, or authority may be found to be irregular or defective, whether jurisdictional or otherwise.
[ 1965 c 7 s 35.44.310. Prior: 1911 c 98 s 43, part; 1909 c 71 s 1, part; 1893 c 95 s 2, part; RRS s 9396, part.]

catchline: Reassessments—Amount thereof.


title: RCW 35.44.320

text:
In case of reassessment, all sums paid on the former attempted assessments shall be credited to the property on account of which they were paid.
[ 1965 c 7 s 35.44.320. Prior: 1911 c 98 s 43, part; 1909 c 71 s 1, part; 1893 c 95 s 2, part; RRS s 9396, part.]

catchline: Reassessments—Credit for prior payments.


title: RCW 35.44.330

text:
In case of reassessment after the certification of the assessment roll to the city or town treasurer for collection, the same length of time for payment of the assessment thereon without the imposition of any penalties or interest and the notice that the assessments are in the hands of the treasurer for collection shall be given as in case of an original assessment. After delinquency, penalties and interest may be charged as in cases of original assessment and if the original assessment was payable in installments, the new assessment may be divided into equal installments and made payable at such times as the city or town council may prescribe in the ordinance ordering the new assessment.
[ 1965 c 7 s 35.44.330. Prior: 1911 c 98 s 43, part; 1909 c 71 s 1, part; 1893 c 95 s 2, part; RRS s 9396, part.]

catchline: Reassessments—Payment.


title: RCW 35.44.340

text:
No city or town shall have jurisdiction to proceed with any reassessment unless the ordinance ordering it is passed by the city or town council within ten years from and after the time the original assessment for the same improvement was finally held to be invalid, insufficient or for any cause set aside, in whole or in part or its enforcement denied directly or indirectly by the courts.
[ 1965 c 7 s 35.44.340. Prior: 1911 c 98 s 45, part; RRS s 9398, part.]

catchline: Reassessments—Limitation of time for.


title: RCW 35.44.350

text:
All of the provisions of law relating to the filing of assessment rolls, time and place for hearing thereon, notice of hearing, the hearing upon the roll, the confirmation of the assessment roll, the time when the assessments become a lien upon the property assessed, the proceedings on appeal from any such assessment, the method of collecting the assessment and all proceedings for enforcing the lien thereof shall be had and conducted the same in the case of reassessments, assessments on omitted property, or supplemental assessments as in the case of an original assessment.
[ 1965 c 7 s 35.44.350. Prior: 1911 c 98 s 44; 1893 c 95 s 1; RRS s 9397.]

catchline: Reassessments, assessments on omitted property, supplemental assessments—Provisions governing.


title: RCW 35.44.360

text:
If by reason of mistake, inadvertence, or for any cause, property in a local improvement district or utility local improvement district which except for its omission would have been subject to assessment has been omitted from the assessment roll, the city or town council, upon its own motion, or upon the application of the owner of any property in the district which has been assessed for the improvement, may proceed to assess the property so omitted in accordance with the benefits accruing to it by reason of the improvement in proportion to the assessments levied upon other property in the district.
[ 1967 c 52 s 12; 1965 c 7 s 35.44.360. Prior: 1911 c 98 s 37, part; RRS s 9390, part.]
Notes:
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.

catchline: Assessments on omitted property—Authority.


title: RCW 35.44.370

text:
In case of assessments on omitted property the city or town council shall pass a resolution:
(1) Setting forth that the property therein described was omitted from the assessment;
(2) Notifying all persons who may desire to object thereto to appear at a meeting of the city or town council at a time specified in the resolution and present their objections thereto, and
(3) Directing the proper board, officer, or authority to report to the council at or prior to the date fixed for the hearing the amount which should be borne by each lot, tract, or parcel of land or other property so omitted. The resolution shall be published in all respects as provided for publishing the resolutions for an original assessment.
[ 1965 c 7 s 35.44.370. Prior: 1911 c 98 s 37, part; RRS s 9390, part.]

catchline: Assessments on omitted property—Resolution—Notice.


title: RCW 35.44.380

text:
At the conclusion of the hearing or any adjournment thereof upon proposed assessments on omitted property the council shall consider the matter as though the property were included in the original roll and may confirm the roll or any portion thereof by ordinance. Thereupon the roll of omitted property shall be certified to the treasurer for collection as other assessments.
[ 1965 c 7 s 35.44.380. Prior: 1911 c 98 s 37, part; RRS s 9390, part.]

catchline: Assessments on omitted property—Confirmation ordinance—Collection.


title: RCW 35.44.390

text:
If by reason of any mistake, inadvertence, or other cause, the amount assessed was not equal to the cost and expense of a local improvement or that portion thereof to be paid by assessment of the property benefited the city or town council shall make supplemental assessments on all the property in the district. The property found to be specially benefited shall not be limited to the property included in the original assessment district.
These assessments shall be made in accordance with the provisions of law, charter, and ordinances existing at the time of the levy.
[ 1965 c 7 s 35.44.390. Prior: 1911 c 98 s 42, part; 1893 c 96 s 3, part; RRS s 9395, part.]


title: RCW 35.44.400

text:
No city or town shall have jurisdiction to proceed with any supplemental assessment unless the ordinance ordering it is passed by the city or town council within ten years from and after the time that it was finally determined that the total amount of valid assessments levied and assessed on account of a local improvement was insufficient to pay the whole or that portion of the cost and expense thereof to be paid by special assessment.
[ 1965 c 7 s 35.44.400. Prior: 1911 c 98 s 45, part; RRS s 9398, part.]

catchline: Supplemental assessments—Limitation of time for.


title: RCW 35.44.410

text:
Whenever any land against which there has been levied any special assessment by any city or town shall have been sold in part or subdivided, the legislative authority of that city or town shall have the power to order a segregation of the assessment.
Any person desiring to have such a special assessment against a tract of land segregated to apply to smaller parts thereof shall apply to the city or town which levied the assessment. If the legislative authority thereof determines that a segregation should be made, it shall by resolution order the city or town treasurer to make segregation on the original assessment roll as directed in the resolution. The segregation shall be made as nearly as possible 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 the assessment chargeable to each part. A certified copy of the resolution shall be delivered to the city or town treasurer who shall proceed to make the segregation ordered upon being tendered a fee of ten dollars for each tract of land for which a segregation is to be made. In addition to such charge the legislative authority of the city or town may require as a condition to the order of segregation that the person seeking it pay the city or town the reasonable engineering and clerical costs incident to making the segregation. No segregation need be made if the legislative authority of the city or town shall find that by such segregation the security of the lien for such assessment will be so jeopardized as to reduce the security for any outstanding local improvement district obligations payable from such assessment.
[ 1969 ex.s. c 258 s 10.]

catchline: Segregation of assessments.


title: RCW 35.44.420

text:
A city legislative authority may give credit for all or any portion of any property donation against an assessment, charge, or other required financial contribution for transportation improvements within a local improvement district. The credit granted is available against any assessment, charge, or other required financial contribution for any transportation purpose that uses the donated property.
[ 1987 c 267 s 9.]
Notes:
Right-of-way donations: Chapter 47.14 RCW.

catchline: Property donations—Credit against assessments.


title: RCW 35.45.010

text:
The city or town council may provide by ordinance for the payment of the whole or any portion of the cost and expense of any local improvement by bonds of the improvement district, but no bonds shall be issued in excess of the cost and expense of the improvement, nor shall they be issued prior to twenty days after the thirty days allowed for the payment of assessments without penalty or interest.
[ 1965 c 7 s 35.45.010. Prior: (i) 1911 c 98 s 46, part; 1899 c 124 s 1; RRS s 9399, part. (ii) 1917 c 139 s 1, part; 1915 c 168 s 4, part; 1911 c 98 s 47, part; 1899 c 124 s 2, part; RRS s 9400, part. (iii) 1911 c 98 s 50, part; RRS s 9403, part.]

catchline: Authority to issue bonds.


title: RCW 35.45.020

text:
Local improvement bonds shall be issued pursuant to ordinance and shall be made payable on or before a date not to exceed thirty years from and after the date of issue, which latter date may be fixed by ordinance or resolution of the council, and bear interest at such rate or rates as authorized by the council. The council may, in addition to issuing bonds callable under the provisions of RCW 35.45.050 whenever sufficient moneys are available, issue bonds with a fixed maturity schedule or with a fixed maximum annual retirement schedule.
[ 1971 ex.s. c 116 s 10; 1970 ex.s. c 56 s 35; 1969 ex.s. c 258 s 11; 1969 c 81 s 1; 1965 c 7 s 35.45.020. Prior: 1917 c 139 s 1, part; 1915 c 168 s 4, part; 1911 c 98 s 47, part; 1899 c 124 s 2, part; RRS s 9400, part.]
Notes:
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Rights not impaired—1969 c 81: "No phrase, clause, subdivision or section of this 1969 amendatory act shall be construed to impair the rights of bondholders as to any bonds issued prior to the effective date of this 1969 amendatory act." [ 1969 c 81 s 2.]

catchline: Bond issue—Due date—Interest.


title: RCW 35.45.030

text:
(1) Local improvement bonds shall be in such denominations as may be provided in the ordinance authorizing their issue and shall be numbered from one upwards consecutively. Each bond shall (a) be signed by the mayor and attested by the clerk, (b) have the seal of the city or town affixed thereto, (c) refer to the improvement to pay for which it is issued and the ordinance ordering it, (d) provide that the principal sum therein named and the interest thereon shall be payable out of the local improvement fund created for the cost and expense of the improvement and out of the local improvement guaranty fund, unless the ordinance under which it was issued provides that the bonds shall not be secured by the local improvement guaranty fund; and out of a reserve fund, if one is established for such bonds pursuant to RCW 35.51.040; or, with respect to interest only, shall be payable out of the general revenues of the city or town, but only if pledged to the payment of such interest pursuant to RCW 35.45.065, and not otherwise, (e) provide that the bond owners' remedy in case of nonpayment shall be confined to the enforcement of the special assessments made for the improvement and to the guaranty fund and reserve fund, as applicable, and (f) be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030.
Any interest coupons may be signed by the mayor and attested by the clerk, or in lieu thereof, may have printed thereon a facsimile of their signatures.
(2) Notwithstanding subsection (1) of this section, but subject to RCW 35.45.010, such bonds may be issued and sold in accordance with chapter 39.46 RCW.
[ 2002 c 41 s 1; 1983 c 167 s 41; 1967 ex.s. c 44 s 1; 1965 c 7 s 35.45.030. Prior: (i) 1917 c 139 s 1, part; 1915 c 168 s 4, part; 1911 c 98 s 47, part; 1899 c 124 s 2; RRS s 9400, part. (ii) 1927 c 209 s 5, part; 1925 ex.s. c 183 s 5, part; 1923 c 141 s 5, part; RRS s 9351-5, part. (iii) 1911 c 98 s 52, part; RRS s 9405, part.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Bonds—Form—Content.


title: RCW 35.45.040

text:
(1) Local improvement bonds may be issued to the contractor or sold by the officers authorized by the ordinance directing their issue to do so, in the manner prescribed therein at the price established by the legislative authority of the city or town. Any portion of the bonds of any issue remaining unsold may be issued to the contractor constructing the improvement in payment thereof.
The proceeds of all sales of bonds shall be applied in payment of the cost and expense of the improvement.
(2) Notwithstanding subsection (1) of this section, such bonds may be sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 42; 1981 c 323 s 2; 1965 c 7 s 35.45.040. Prior: (i) 1911 c 98 s 46, part; 1899 c 124 s 1; RRS s 9399, part. (ii) 1911 c 98 s 48; 1899 c 124 s 3; RRS s 9401.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Bonds—Sale of.


title: RCW 35.45.050

text:
Except when bonds have been issued with a fixed maturity schedule or with a fixed maximum annual retirement schedule as authorized in RCW 35.45.020, the city or town treasurer shall call in and pay the principal of one or more bonds of any issue (1) in their numerical order; or (2) where bonds are issued with an estimated redemption schedule, in either numerical order or chronological order by maturity and within each maturity by date of estimated redemption as determined in the bond authorizing ordinance, whenever there is sufficient money in any local improvement fund, against which the bonds have been issued, over and above that which is sufficient for the payment of interest on all unpaid bonds of that issue. The call shall be made for publication in the city or town official newspaper in its first publication following the date of delinquency of any installment of the assessment or as soon thereafter as practicable. The call shall state that bonds No. . . . . (giving the serial number or numbers of the bonds called) will be paid on the day the next interest payments are due and that interest on those bonds will cease upon that date.
[ 2003 c 139 s 2; 1983 c 167 s 43; 1971 ex.s. c 116 s 11; 1965 c 7 s 35.45.050. Prior: 1911 c 98 s 54, part; RRS s 9407, part.]
Notes:
Effective date—2003 c 139: See note following RCW 35.45.180.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Call of bonds.


title: RCW 35.45.060

text:
The city or town treasurer shall pay interest on the bonds issued against local improvement funds out of the local improvement fund from which the bonds are payable.
[ 1965 c 7 s 35.45.060. Prior: 1911 c 98 s 54, part; RRS s 9407, part.]

catchline: Interest on bonds—How payable.


title: RCW 35.45.065

text:
The city or town council may provide by ordinance that all or part of the interest upon said bonds shall be paid from the general revenues of the city or town and may create a local improvement district bond interest fund for this purpose. If the city or town council determine that the city or town shall pay all interest on such bonds from its general revenues, the interest coupons attached to the bond shall recite that the interest thereby evidenced is payable from general revenues. If the city or town council determines that the city or town council shall pay a part of the interest on such bonds from its general revenues, the interest coupons representing interest payable from the general revenues of the city or town shall be denominated as "B" coupons and shall recite that the interest payable thereunder is payable from the general revenues of the city or town.
[ 1967 ex.s. c 44 s 2.]

catchline: Interest on bonds—Payment from general revenues—Authority—Procedure.


title: RCW 35.45.070

text:
(1)(a) Neither the holder nor owner of any bond, interest coupon, warrant, or other short-term obligation issued against a local improvement fund shall have any claim therefor against the city or town by which it is issued, except for payment from the special assessments made for the improvement for which the bond or warrant was issued and except also for payment from the local improvement guaranty fund of the city or town as to bonds issued after the creation of a local improvement guaranty fund of that city or town. The city or town shall not be liable to the holder or owner of any bond, interest coupon, warrant, or other short-term obligation for any loss to the local improvement guaranty fund occurring in the lawful operation thereof.
(b) A copy of the foregoing in (a) of this subsection shall be plainly written, printed, or engraved on each bond, interest coupon, warrant, or other short-term obligation.
(2) Notwithstanding the provisions of subsection (1) of this section, with respect to bonds, interest coupons, warrants, or other short-term obligations issued under an ordinance providing that the obligations are not secured by the local improvement guaranty fund:
(a) Neither the holder nor owner of any obligation issued against a local improvement fund shall have any claim against the city or town by which it is issued, except for payment from the special assessments made for the improvement for which the obligation was issued.
(b) A copy of the foregoing in (a) of this subsection shall be plainly written, printed, or engraved on each bond, interest coupon, warrant, or other short-term obligation.
[ 2002 c 41 s 2; 1965 c 7 s 35.45.070. Prior: (i) 1911 c 98 s 52, part; RRS s 9405, part. (ii) 1927 c 209 s 5; 1925 ex.s. c 183 s 5; 1923 c 141 s 5, part; RRS s 9351-5, part.]

catchline: Nonliability of city or town.


title: RCW 35.45.080

text:
If a city or town fails to pay any bonds or to promptly collect any local improvement assessments when due, the owner of the bonds may proceed in his or her own name to collect the assessment and foreclose the lien thereof in any court of competent jurisdiction and shall recover in addition to the amount of the bond and interest thereon, five percent, together with the cost of suit. Any number of holders of bonds for any single improvement may join as plaintiffs and any number of owners of property upon which the assessments are liens may be joined as defendants in the same suit.
The owners of local improvement bonds issued by a city or town after the creation of a local improvement guaranty fund therein, shall also have recourse against the local improvement guaranty fund of such city or town unless the ordinance under which the bonds were issued provides that the bonds are not secured by the local improvement guaranty fund.
[ 2009 c 549 s 2081; 2002 c 41 s 3; 1965 c 7 s 35.45.080. Prior: (i) 1927 c 209 s 5, part; 1925 ex.s. c 183 s 5, part; 1923 c 141 s 5, part; RRS s 9351-5, part. (ii) 1911 c 98 s 51; 1899 c 124 s 6; RRS s 9404.]

catchline: Remedy of bondholders.


title: RCW 35.45.090

text:
Any funds in the treasury of any municipal corporation belonging to the fund of any local improvement district after the payment of the whole cost and expense of such improvement, in excess of the total sum required to defray all the expenditures by such municipal corporation on account thereof, shall be refunded, on demand, to the payers into such fund. Each such payer shall be entitled to such proportion of such excess as his or her original assessment bears to the entire original assessment levied for such improvement. Such municipal corporation may, after one year from the date on which the last installment becomes due, transfer any balance remaining on hand to the general fund of such municipal corporation, but shall, notwithstanding such transfer remain liable for the refund herein provided for until such refund shall have been made, unless the actual cost involved in making such refund shall exceed the excess in such fund.
Such demand shall be made in writing to the treasurer of such municipal corporation. No action shall be commenced in any court to obtain any such refund, except upon such demand, and until ninety days after making such demand. No excess shall be recovered in any action where the excess in the fund does not average the sum of one dollar in favor of all payers into such fund.
This section shall not be deemed to require the refunding of any balance left in any local improvement fund after the payment of all outstanding obligations issued against such fund, where such balance accrues from any saving in interest or from penalties collected upon delinquent assessments, but any such balance, whether accruing heretofore or hereafter, may be turned into the general fund or otherwise disposed of, as the legislative authority of the city may direct.
The provisions of this chapter relating to the refund of excess local improvement district funds shall not apply to any district whose obligations are guaranteed by the local improvement guaranty fund.
[ 2009 c 549 s 2082; 1965 c 7 s 35.45.090. Prior: 1917 c 140 s 1; 1909 c 108 s 1; RRS s 9351.]

catchline: Excess to be refunded—Demand—Right of action.


title: RCW 35.45.130

text:
Every city and town may provide by ordinance for the issuance of warrants in payment of the cost and expense of any local improvement, payable out of the local improvement district fund. The warrants shall bear interest at a rate or rates established by the issuing officer under the direction of the legislative authority of the city or town and shall be redeemed either in cash or by local improvement bonds for the same improvement authorized by ordinance.
All warrants against any local improvement fund sold by the city or town or issued to a contractor and by him or her sold or hypothecated for a valuable consideration shall be claims and liens against the improvement fund against which they are drawn prior and superior to any right, lien, or claim of any surety upon the bond or bonds given to the city or town by or for the contractor to secure the performance of his or her contract or to secure the payment of persons who have performed work thereon, furnished materials therefor, or provisions and supplies for the carrying on of the work.
[ 2009 c 549 s 2083; 1981 c 323 s 3; 1970 ex.s. c 56 s 36; 1965 c 7 s 35.45.130. Prior: 1953 c 117 s 1; prior: 1915 c 168 s 3; 1911 c 98 s 72; 1899 c 146 s 7; RRS 9425.]
Notes:
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.

catchline: Warrants against local improvement fund authorized.