Title 11
LOCAL IMPROVEMENTS

Chapters:

11.04 Local Improvements

11.10 Utility Reimbursement Agreements

Chapter 11.04
LOCAL IMPROVEMENTS

Sections:

11.04.010 Authority to determine necessary work.

11.04.020 Authority to provide and construct sewerage, drainage and water supply.

11.04.030 Authority to provide overflow protection.

11.04.040 Authority to provide fire protection.

11.04.050 Authority to order certain improvements and to levy assessments.

11.04.060 Authority to establish districts.

11.04.070 Council ordinance – Required.

11.04.080 Council ordinance – Passage requirements.

11.04.090 Petition – Contents – Filing.

11.04.100 Initiation procedure – Publication requirement.

11.04.110 Computation of value for nonassessed property.

11.04.120 Every ordinance ordering improvement paid by assessments – District established.

11.04.130 Power to construct trunk sewers and trunk water mains – Levying assessments.

11.04.140 Council action before ordering construction of trunk sewers or trunk water mains.

11.04.150 Council action before ordering construction of auxiliary water systems.

11.04.160 Hearing – Action and powers of council – Filing of lawsuits.

11.04.170 Hearing – Notice requirements.

11.04.180 Jurisdiction to proceed with improvement divested in case of protest – Exception.

11.04.190 Competitive bidding on improvements – Requirements.

11.04.200 Assessment roll – Filing – Holding hearing on objections.

11.04.210 Assessment roll – Notice of hearing – Contents.

11.04.220 Assessment roll – Notice of hearing – Mailing or publishing.

11.04.230 Assessment roll – Revision – Confirmation of new roll.

11.04.240 Assessment roll – Revision – New hearing on assessments raised.

11.04.250 Assessment roll – Confirmation of assessments – Procedure for collection.

11.04.260 Creation of fund – Placement of funds therein.

11.04.270 Delinquent assessments – Collection by county as general taxes.

11.04.280 Delinquent assessments – Enforcement of payment by court proceeding.

11.04.290 Improvements made by city or by contract.

11.04.300 Four votes of council effective over objection of owners – Procedures for foreclosure.

11.04.310 Call and payment of warrants.

11.04.320 Retention of 30 percent amount due contractors for laborers and materialmen – Constitutes senior lien.

11.04.330 Certificate of completion by city engineer required.

11.04.340 Separation of territory into subdistricts when providing for construction of trunk sewage or trunk water mains.

11.04.350 Improvement ordinance to declare amounts of costs borne by city and by property owners.

11.04.010 Authority to determine necessary work.

The city council shall have power to determine, by ordinance, what work shall be done and improvements made, at an expense, in whole or in part, of the property specially benefitted thereby. (Ord. 45 § 1, 1911)

11.04.020 Authority to provide and construct sewerage, drainage and water supply.

The city council shall have power, by ordinance, to provide for sewerage, drainage and water supply thereof, and to establish, construct and maintain a system or systems of sewers, drains and a system or systems of water supply, within and without the corporate limits of the city of Sultan, and to control, regulate and maintain the same under and by virtue of this chapter. (Ord. 45 § 2, 1911)

11.04.030 Authority to provide overflow protection.

The city of Sultan shall have the power to provide for the protection of said city, or any part thereof, from overflow and to establish, construct and maintain levees, embankments and other structures and works, or to open, deepen, straighten and otherwise enlarge the natural watercourses, waterways and other channels, including the acquisition or damaging of lands, rights-of-way, rights and property thereby, within or without the corporate limits of the city of Sultan, and to maintain, regulate and control the same. (Ord. 45 § 3, 1911)

11.04.040 Authority to provide fire protection.

The city council of the city of Sultan shall have power to provide for the protection of the city of Sultan or any part thereof from fire, and to establish, construct and maintain auxiliary water system or systems, or extensions thereof, or additions thereto, and the structures and works necessary therefor and forming a part thereof, including the acquisition or damaging of lands, rights-of-way, rights, property, water rights and the necessary sources of supply of water for such purposes within or without the corporate limits of the city of Sultan, and to maintain, regulate and control the same. (Ord. 45 § 4, 1911)

11.04.050 Authority to order certain improvements and to levy assessments.

Whenever public interest or convenience may be required, the city council is authorized and empowered to 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 benefitted thereby to pay the whole or any part of the expense thereof, as follows:

A. Alleys, avenues, boulevards, lanes, park drives, parkways, public places, public squares, public streets, their grading, regrading, planking, replanking, paving, repaving, macadamizing, remacadamizing, graveling, regraveling, piling, 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;

B. Auxiliary water systems;

C. Auditoriums, fieldhouses, gymnasiums, swimming pools, or other recreational or playground facilities or structures;

D. Bridges, culverts, and trestles and approaches thereto;

E. Bulkheads and retaining walls;

F. Dikes and embankments;

G. 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;

H. Escalators or moving sidewalks together with expense of operation and maintenance;

I. Parks and playgrounds;

J. Sidewalks, curbing and crosswalks;

K. Street lighting systems together with the expense of furnishing electrical energy, maintenance and operation;

L. Underground utilities transmission lines;

M. Water mains, hydrants and appurtenances which as to trunk water 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;

N. Fences, culverts, siphons or coverings or any other feasible safeguards along, in place of, or over open canals or ditches to protect the public from hazards thereof. (Ord. 394 § 1, 1980; Ord. 45 § 5(a), 1911)

11.04.060 Authority to establish districts.

A. The city council is authorized and empowered to establish utility local improvement districts pursuant to RCW 35.43.042 and 35.43.043 which are adopted by reference as if set forth in full in this section.

B. A copy of the text of RCW 35.43.042 and 35.43.043 shall be filed as required by RCW 35.21.180 for use and examination by the public. (Ord. 394 § 1, 1980; Ord. 45 § 5(b), 1911)

11.04.070 Council ordinance – Required.

Whenever the city makes local improvements at the cost and expense of the whole or any part of the property specially benefitted thereby such improvements may be ordered only by ordinance of the council, either upon petition or resolution therefor, according to the provisions of an act entitled “An act relating to local improvements in cities and towns and repealing certain acts and parts of acts”, approved March 17, 1911, and the provisions of this chapter and amendments thereto. (Ord. 45 § 6, 1911)

11.04.080 Council ordinance – Passage requirements.

The ordinance required to make local improvements must receive the affirmative vote of at least a majority of the members of the council; provided further, that the ordinance must receive the affirmative vote of at least two-thirds of the members of the council if, prior to passage, written objections to its enactment are filed with the city clerk/treasurer for 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. (Ord. 394 § 2, 1980; Ord. 45 § 7, 1911)

11.04.090 Petition – Contents – Filing.

A. Where a petition is required, the petition shall state the nature and territorial extent of such proposed improvement (the assessment district of which shall not extend beyond the termini of such improvement), the mode of payment, and the fact that the signers thereof are the owners, according to the records in the office of the county auditor, of property to the aggregate amount of a majority of the lineal frontage upon the improvement to be made and the area within the limit of the assessment district to be created therefor.

B. If any such property stands in the name of a deceased person, or any person for whom a guardian has been appointed, 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 of said deceased.

C. Such petition shall be presented to and filed with the city clerk/treasurer, and upon the filing of such petition the city clerk/treasurer shall ascertain if the facts set forth in said petition are true and shall cause an estimate of the cost and expense of such improvement to be made and shall transmit the same to the city council, together with all papers and information in his possession touching such improvements, with the estimated cost thereof and his recommendations therefor, together with a description of the boundaries of the district and a statement of the proportionate amount of the cost and expense of such improvement which should be borne by the property within the proposed assessment district and a statement of the aggregate assessed valuation of the real estate, exclusive of improvements, in such district, according to the valuation last placed upon it for purposes of general taxation.

D. In case such petition is found sufficient, the city clerk/treasurer shall also transmit to the council a diagram or print showing thereon the lots, parcels and tracts of land and other property which may be specially benefitted thereby and the estimated amount of the cost and expense of such improvements to be borne by each such lot, tract or parcel of land or other property. (Ord. 45 § 8, 1911)

11.04.100 Initiation procedure – Publication requirement.

A. Any such improvements may be initiated directly by the council by a resolution declaring its intention to order such improvements, setting forth the nature and territorial extent of such proposed improvement and notifying all persons who may desire to object thereto to appear and present such objections at a meeting of the council at a time and place specified in such resolution and directing the city clerk/treasurer to submit to the council at or prior to the date fixed for such hearing an estimate of the cost and expense of such improvement and a statement of the proportionate amount thereof which should be borne by the property within the proposed assessment district and a statement of the aggregate assessed valuation of the real estate, exclusive of improvements, within said district, according to the valuation last placed upon it for purposes of general taxation, together with a diagram or print showing thereon the lots, tracts or parcels of land and other property which will be specially benefitted thereby and the estimated amount of the costs and expense to be borne by each lot, tract or parcel of land or other property.

B. Said resolution shall be published at least once in any legal newspaper of general circulation in the city and it shall be printed and posted in at least three public places therein. (Ord. 394 § 3, 1980; Ord. 45 § 9, 1911)

11.04.110 Computation of value for nonassessed property.

In computing the valuation of such property, any nonassessable property owned by the United States, the state, city, county, said city, school district, or other public corporation, shall be valued at the same rate as assessed property similarly situated. (Ord. 394 § 4, 1980; Ord. 45 § 10, 1911)

11.04.120 Every ordinance ordering improvement paid by assessments – District established.

Every ordinance ordering a local improvement must be paid in whole or in part by assessments against the property specifically benefited which describe the improvement and establish a local improvement district to be known as “Local Improvement District No. __” which shall embrace as nearly as practicable all of the property specifically benefited by the improvement. (Ord. 394 § 5, 1980; Ord. 45 § 11, 1911)

11.04.130 Power to construct trunk sewers and trunk water mains – Levying assessments.

A. The city of Sultan shall have the power to provide for the construction of trunk sewers, and trunk water mains, and for the payment of all and any part of the cost and expense thereof by the levying and collecting of assessments upon property specially benefited thereby.

B. In any such case the district created to bear such assessment shall be outlined in conformity with topographical conditions, and in case of trunk sewers shall include as near as may be all the territory which can be sewered or drained through such trunk system and the subsewers connected thereto, and in case of trunk water mains, shall include as near as may be all the territory in the zone or district to which water may be distributed from such trunk water main through lateral service and distribution mains and services. (Ord. 394 § 7, 1980; Ord. 45 § 13, 1911)

11.04.140 Council action before ordering construction of trunk sewers or trunk water mains.

A. The council, before ordering the construction of any trunk sewer or trunk water main, shall pass a resolution declaring its intention to order such improvement, which resolution shall set forth the general nature of such improvement, describing the routes along which trunk sewer, subsewer and branches, or trunk water main and laterals is to be constructed, and notifying all persons who may desire to object thereto, to appear at a meeting of the council at a time and place specified in such resolution and present their objections thereto, and directing the city clerk to report to the council at or prior to the date fixed for such hearing, the estimated cost and expense of such improvement.

B. Such resolution shall be published in all respects the same as provided for the publication of resolutions in SMC 11.04.100.

C. The council may order such improvement only by ordinance, which ordinance shall describe the route to be used, specify the structures or works necessary thereto or forming a part thereof, fix and establish the boundaries of such district, and the maps, plans and specifications therefor shall be provided in such manner as may be prescribed by ordinance, before the contract for such improvement is let.

D. The procedure with reference to dikes, embankments, etc., shall be according to Section 17, Chapter 98, Laws of 1911. (Ord. 45 § 14, 1911)

11.04.150 Council action before ordering construction of auxiliary water systems.

A. The council before ordering the construction of any auxiliary water system or systems or extensions thereof, or additions thereto, and the structures or works necessary therefor or forming a part thereof, including the acquisition and damaging of lands and property rights as provided in this chapter, shall first pass a resolution declaring its intention to order such improvement and describing the routes along which said auxiliary water system, or extension thereof, or additions thereto, is to be constructed, specifying the structures of works necessary therefor or forming a part thereof, the estimate cost and expense thereof, the boundaries of the local improvement district to be formed to pay the whole or any portion of the cost and expense, and notifying all persons who may desire to object thereto to appear at a special meeting of the council at a time and place specified in such resolution and present their objections thereto.

B. Such resolution shall be published in all respects as other resolutions provided for in SMC 11.04.100 are required to be published.

C. The council may order such improvement only by ordinance, which ordinance shall describe the route to be used, specify the structure or works necessary thereto or forming a part thereof, fix and establish the boundaries of such district, and adopt the maps, plans and specifications for such improvement. (Ord. 45 § 15, 1911)

11.04.160 Hearing – Action and powers of council – Filing of lawsuits.

A. The council may continue the hearing upon any petition or resolution provided for in RCW Title 35 and shall retain jurisdiction thereof until it is finally disposed of.

B. 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.

C. 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 30 days after the date of passage of the ordinance ordering the improvement and creating the district or, when applicable, no later than 30 days after the expiration of the 30-day protest period provided in RCW 35.43.180. (Ord. 394 § 8, 1980; Ord. 45 § 16(a), 1911)

11.04.170 Hearing – Notice requirements.

A. Notice of the hearing upon a resolution declaring the intention of the legislative authority of the city to order an improvement shall be given by mail at least 15 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 treasurer, directed to the address thereon shown.

B. The notice shall set forth the nature of the proposed improvement, the estimated cost, and the estimated benefits of the particular lot, tract or parcel. (Ord. 394 § 8, 1980; Ord. 45 § 16(b), 1911)

11.04.180 Jurisdiction to proceed with improvement divested in case of protest – Exception.

The jurisdiction of the legislative authority of the city to proceed with any local improvement initiated by resolution shall be divested by a protest filed with the city council within 30 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 60 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, 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, and which is subject to 60 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, including federally owned or other nonassessable property; provided, that such restraint by protest shall not apply to any local improvement by sanitary sewers or water mains and fire hydrants where the health officer of the city shall file with the legislative authority thereof a report showing the necessity for such improvement accompanied by a report of the chief of the fire department in the event such improvement includes fire hydrants, and such 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. (Ord. 394 § 8, 1980; Ord. 45 § 16(c),1911)

11.04.190 Competitive bidding on improvements – Requirements.

A. 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 shall exceed the sum of $5,000.

B. The city may reject any and all bids.

C. The city itself may make the local improvements if all the bids received exceed by 10 percent preliminary cost estimates prepared by an independent consulting engineer or registered professional engineer retained for that purpose by the city. (Ord. 394 § 8, 1980; Ord. 45 § 16(d), 1911)

11.04.200 Assessment roll – Filing – Holding hearing on objections.

A. The assessment roll for local improvements when prepared as provided by law shall be filed with the city clerk/treasurer.

B. The city council shall thereupon fix a date for a hearing thereon before the city council or may direct that a hearing shall be held before a committee thereof.

C. The council or committee shall hold a hearing on the assessment roll and consider all objections filed following which the council or committee shall make recommendations to the council which shall either adopt or reject the recommendations of the council or committee.

D. If a hearing is held before such a committee, it shall not be necessary to hold a hearing on the assessment roll before the city council. (Ord. 394 § 9, 1980; Ord. 45 § 17(a), 1911)

11.04.210 Assessment roll – Notice of hearing – Contents.

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:

A. To make their objections in writing and to file them with the city clerk/treasurer at or prior to the date fixed for the hearing;

B. That at the time and place fixed and at times to which the hearing may be adjourned, the city council will sit as a board of equalization for the purpose of considering the roll; and

C. That at the hearing the city council will consider the objections made and will correct, revise, raise, lower, change or modify that roll or any part thereof or set aside the roll and order the assessment to be made de novo. (Ord. 394 § 9, 1980; Ord. 45 § 17(b), 1911)

11.04.220 Assessment roll – Notice of hearing – Mailing or publishing.

A. At least 15 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.

B. In addition thereto, the notice shall be published at least five times in a daily newspaper or at least two times in a weekly newspaper, the last publication to be at least 15 days before the date fixed for hearing.

C. The notice must be published in a legal newspaper of general circulation in the city. (Ord. 394 § 9, 1980; Ord. 45 § 17(c), 1911)

11.04.230 Assessment roll – Revision – Confirmation of new roll.

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 city 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. (Ord. 394 § 9, 1980; Ord. 45 § 17(d), 1911)

11.04.240 Assessment roll – Revision – New hearing on assessments raised.

If an assessment roll is amended so as to raise any assessment appearing thereon or to include omitted property, a new time and place of 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. (Ord. 394 § 9, 1980; Ord. 45 § 17(e), 1911)

11.04.250 Assessment roll – Confirmation of assessments – Procedure for collection.

A. The ordinance confirming any assessment roll shall levy and assess against each lot, tract or parcel of land or other property appearing upon such roll, the amount charged against the same.

B. Upon the enactment of such ordinance, the roll shall be delivered to the city clerk/treasurer.

C. Upon receipt of such roll, the city clerk/treasurer shall proceed to collect the same and the whole thereof, and shall publish a notice in a legal newspaper of general circulation in the city for two consecutive weeks that the roll is in his hands for collection and that any assessment thereon or any portion of any such assessment may be paid at any time within 30 days from the date of the first publication of said notice, without penalty, interest or costs; and that unless payment is made within such time, such assessment or unpaid balance thereof will become delinquent and thereafter shall bear interest at the rate of ___ percent per year until paid, and if not paid before delinquency, a penalty of ___ percent per year shall be added, which shall attach to and become a part of said assessment, and such delinquent assessments with penalty and interest shall forthwith be collected and the lien thereof be enforced in the manner provided by law and the ordinance of the city of Sultan. (Ord. 394 § 9, 1980; Ord. 45 § 17(f), 1911)

11.04.260 Creation of fund – Placement of funds therein.

A. All hearings shall be had, contracts let, estimates made, rolls filed and returned, corrections made therein, and notices given as provided for in SMC 11.04.200 through 11.04.250.

B. The ordinance confirming any assessment roll shall create a special fund to be called “Local Improvement Fund, District No. ___,” into which shall be placed all sums paid on account of such assessment, together with all interest and penalty thereon. (Ord. 45 § 18, 1911)

11.04.270 Delinquent assessments – Collection by county as general taxes.

A. All assessments becoming delinquent subsequent to _____ shall be certified to the treasurer of Snohomish County, Washington, and by him entered upon the general tax rolls, and collected as other general taxes are collected.

B. The county treasurer shall remit to the city clerk/treasurer on the tenth of each month all sums so collected. (Ord. 394 § 10, 1980; Ord. 45 § 19, 1911)

11.04.280 Delinquent assessments – Enforcement of payment by court proceeding.

A. The city of Sultan may enforce the payment of any delinquent assessment by proceeding in court therefor in any action brought in its own name in the superior court in Snohomish County, Washington.

B. It shall not be necessary to bring a separate suit for each separate piece or parcel of property delinquent, but all or any part of the property delinquent under a single assessment roll and assessment district may be proceeded against in the same action, and all or any of the owners or persons interested in any of said property so delinquent may be joined as parties defendant in the action to foreclose, and all or any liens for such delinquent assessments or installments thereof, may be foreclosed in such proceeding.

C. Such proceeding shall be tried before the court without a jury.

D. In any such proceeding, it shall be sufficient to allege the passage of the ordinance providing such improvement, the making of such improvement, the levying of the assessment, the confirmation thereof, the date of delinquency of such assessment, that such assessment was not paid prior to such delinquency or at all.

E. The assessment roll and confirmatory order, or duly authenticated copies thereof, shall be prima facie evidence of the regularity and legality of the proceedings connected therewith, and the burden of proof shall be on the defendants.

F. In any such action where the owners or parties interested in any particular lot, tract or parcel of land or other property included in such suit shall suffer a default, the court may enter judgement of foreclosure and sale as to such parties and property so in default and order execution thereon, and the action may proceed as to the remaining defendants and property.

G. The judgement of the court shall specify separately the amount of the assessment, or installments thereof, with interest, penalty and costs, chargeable to the several lots, tracts and parcels of land and other property in such proceedings.

H. Such judgement shall have the effect of a separate judgement as to each lot, tract or parcel of land or other property, described in such judgement, and any appeal from such judgement shall not invalidate or delay the judgement except as to the property concerning which the appeal is taken.

I. In entering judgement the court shall decree that such lots, tracts or parcels of land or other property be sold to enforce such judgement and execution shall issue for the enforcement of such decree.

J. Judgement may be entered as to any one or more separate lots, tracts or parcels of land or other property involved in such proceeding, and the court may retain jurisdiction of the case as to the balance.

K. All proceedings supplemental to judgement, including appeal, order of sale, sale, period of redemption and the issuance of the deed shall be had and conducted in accordance with the law, now or hereafter in force, relating to property sold under or upon foreclosure of real estate mortgages. (Ord. 45 § 21, 1911)

11.04.290 Improvements made by city or by contract.

A. 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 either by the city itself or by contract on competitive bids.

B. The city may reject any and all bids.

C. The board, officer or authority charged with the duty of letting contracts for local improvements shall determine whether the local improvements shall be done by contract or by the city itself. (Ord. 394 § 12, 1980; Ord. 45 § 22, 1911)

11.04.300 Four votes of council effective over objection of owners – Procedures for foreclosure.

A. No improvement authorized in this chapter shall be effective over the written objection of the owners of a majority of the lineal frontage and of the area within the limits of the proposed improvement district filed with the clerk prior to the final passage of said ordinance, unless such ordinance receives at least four votes of the city council.

B. The city council may pass a resolution, any time after the delinquency of an assessment, authorize and direct the attorney to institute proceedings in foreclosure against all the property described in said roll, upon which assessments are levied and are delinquent and unpaid. (Ord. 45 § 23, 1911)

11.04.310 Call and payment of warrants.

A. It shall be the duty of the city clerk/treasurer to call and pay in numerical order such outstanding warrants against any improvement fund as he may be able to pay with the money on hand credited to such fund, and whenever he has money on hand to the credit of such fund but not sufficient to pay the whole of the next succeeding outstanding warrant, he shall call in and pay such portion thereof as shall exhaust the amount of such fund; provided, that no call shall be made for less than $25.00.

B. Whenever the city clerk/treasurer pays a portion of any warrant as provided in subsection (A) of this section, he shall endorse upon such warrant the date and amount of such payment and take a receipt from the holder thereof, showing the number and description of such warrant and the date, and amount so paid, which receipt shall be placed with the report in the city clerk/treasurer’s office as a voucher for the money so paid. (Ord. 45 § 24, 1911)

11.04.320 Retention of 30 percent amount due contractors for laborers and materialmen – Constitutes senior lien.

A. In letting all contracts for public improvements the board shall provide therein that at least 30 percent of the amount due the contractors on estimates shall be retained to secure the payment of laborers who have performed work thereon, and materialmen who have furnished material therefor, and such laborers and materialmen shall for 30 days after their work has been completed have a lien on such 30 percent, so reserved for labor done and materials furnished, which lien shall be senior to all other liens, whether by judgement, attachment or contract, and no improvement shall be deemed completed until the same is accepted by the city council by at least three affirmative votes; provided, that if any claims are presented against the fund within the time allowed, the city clerk/treasurer shall give notice to the contractor that said claim has been filed and if said contractor neglects for a period of 90 days, to pay said claims, then the city council may pay the claim and charge the same to the contractor, and the same shall be regarded as a payment upon the contract price for such improvement as though made directly to the contractor himself.

B. All local improvements shall be paid for by warrants payable only from the fund created in the ordinance ordering the improvement, and shall bear interest from date of issue; provided, if the contractor requests an extension of time within which to complete the work then said work shall not draw interest during the period of such extension of time. (Ord. 45 § 25, 1911)

11.04.330 Certificate of completion by city engineer required.

No work shall be accepted by the city council as fully completed until they have received the certificate of the city engineer that said improvement has been completed. (Ord. 45 § 28, 1911)

11.04.340 Separation of territory into subdistricts when providing for construction of trunk sewage or trunk water mains.

Whenever the city council provides for the construction of any trunk sewer for sewerage and drainage or trunk water main it may divide the territory to be served thereby into subdistricts; the construction of such improvement may be made under separate contracts for such subdistricts thereof and the city council may levy assessments in each subdistrict, and issue warrants to be paid by the collection of assessments against property in each subdistrict independent of any other subdistrict; provided, however, that such subdistricts shall be set forth in said ordinance providing for such improvement and when it is proposed to pay any portion of the cost of such improvement from the general fund such ordinance shall specify approximately the amount to be apportioned to each subdistrict. (Ord. 45 § 29, 1911)

11.04.350 Improvement ordinance to declare amounts of costs borne by city and by property owners.

Every ordinance ordering any improvement provided for in this chapter shall declare, what, if any, portion or proportionate amount of such costs and expense shall be borne by the city of Sultan out of its general funds, or general street fund, and shall direct that the remainder of such cost and expense be assessed against the property within said district in the manner provided by law. (Ord. 45 § 30, 1911)

Chapter 11.10
UTILITY REIMBURSEMENT AGREEMENTS

Sections:

11.10.010 Purpose.

11.10.020 Definitions.

11.10.030 Minimum project size.

11.10.040 Application.

11.10.050 Length of reimbursement provision.

11.10.060 City engineer’s determination – Review by city council.

11.10.070 Determination of reimbursement area boundary and reimbursement fee.

11.10.080 Notice to affected property owners.

11.10.090 Reimbursement agreement must be recorded.

11.10.100 Written agreement – Payment of city costs in excess of application fee.

11.10.110 Construction and acceptance of improvements – Recording of final fees.

11.10.120 Collection of reimbursement fees – No liability for failure to collect.

11.10.130 Disposition of undeliverable reimbursement fees.

11.10.010 Purpose.

The purpose of this chapter is to prescribe rules and regulations for exercise of the authority to enter into street and utility latecomer agreements granted to the city by Chapters 35.72 and 35.91 RCW. (Ord. 634 § 1, 1995)

11.10.020 Definitions.

As used in this chapter, the terms listed below shall be defined as follows:

“Cost of construction” means those costs (excluding interest charges or other financing costs) incurred for design, acquisition for right-of-way and/or easements, construction, materials and installation required in order to create an improvement which complies with city standards.

“Latecomer agreement” means a written contract between the city and one or more property owners who provide for construction of water or sewer facilities and/or construction or improvement of street projects, so that they may be partially reimbursed for the costs of such improvements by owners of property benefited by the improvements, as more specifically described in Chapters 35.72 and 35.91 RCW.

“Street project” shall have the meaning specified in RCW 35.72.020(4) as it now reads, or as hereafter amended.

“Water or sewer facilities” shall have the meaning specified in RCW 35.91.030 as it now reads, or as hereafter amended. (Ord. 634 § 1, 1995)

11.10.030 Minimum project size.

To be eligible for a reimbursement agreement, the estimated cost of the proposed improvement must be not less than $5,000.

The estimated costs of the improvement shall be determined by the city engineer, based upon a construction contract for the project, bids, engineering or architectural estimates or other information deemed by the city engineer to be a reliable basis for estimating costs. Latecomer agreements may be applied for within 30 days before and/or after construction of the street project or water or sewer facility is complete. Applicants that submit applications after utility project of facility construction bear the risk that the city council may reject or modify the terms of the latecomer agreement. (Ord. 634 § 1, 1995)

11.10.040 Application.

An application for reimbursement agreement shall be made on a form provided by the city. An application shall be considered complete upon submission of the following:

A. Preliminary or, in the case of completed street projects or water or sewer facilities, final utility and/or street design drawings.

B. For applications submitted before the street project or water or sewer facility is completed, itemized estimates of construction costs prepared by a licensed civil engineer or in the form of a bid submitted by a qualified contractor (if more than one bid has been obtained, all bids must be submitted to the city engineer).

C. For applications submitted after construction of a street project or water or sewer facility is completed, receipts and itemized construction costs must be submitted to establish the costs of construction of the street project or water or sewer facility.

D. A scaled vicinity drawing, stamped by a licensed civil engineer or licensed land surveyor depicting the proposed improvements, the location, the proposed benefited area, dimensions and county assessor’s numbers for each tax parcel, size of parcels, and evaluations where necessary for determining benefits.

E. A separate legal description and tax parcel number for each tax parcel within the benefited area.

F. Such other information as the city engineer determines is necessary to properly review the application.

G. An application fee of $500.00. (Ord. 634 § 1, 1995)

11.10.050 Length of reimbursement provision.

No reimbursement agreement shall provide for reimbursement for a period longer than 15 years from the date of final acceptance of the improvements by the city. (Ord. 634 § 1, 1995)

11.10.060 City engineer’s determination – Review by city council.

A. The city engineer shall review all applications and shall approve the application only if the following requirements are met:

1. The project satisfies the minimum size requirement and complies with city standards and comprehensive utility plans; and

2. The proposed improvements fall within the description of street projects and/or water or sewer facilities as those terms are described in Chapters 35.72 and 35.91 RCW; and

3. The proposed improvements are not constructed or currently under construction.

B. In the event all of the above criteria are not satisfied, the city engineer may condition approval as necessary in order for the application to conform to such criteria, or shall deny the application. The final determination of the city engineer shall be in writing. The applicant may obtain a review of the final determination by filing a request therefore with the city clerk no later than 10 days after a copy of the final determination is mailed to the applicant at the address listed on the application.

C. In reviewing a final determination, the city council shall apply the criteria set forth above, and shall uphold the decision of the city engineer unless evidence clearly demonstrates that the criteria have been satisfied. (Ord. 634 § 1, 1995)

11.10.070 Determination of reimbursement area boundary and reimbursement fee.

In the case of all applications which are approved, the city engineer shall define an assessment reimbursement area based upon a determination of which parcels, in the case of a utility improvement, did not contribute to the original cost of the water or sewer facility and who may subsequently tap into or use the same, including not only those who may connect directly thereto, but also those who may connect to laterals or branches connecting thereto. In the case of street projects, the assessment reimbursement area shall be based upon a determination of which parcels of property adjacent to the improvements would have been required to construct similar street improvements as a condition of development had it not been for the construction which is the subject of the latecomer agreement. The amount of the assessment shall be established so that each property will be assessed a share of the costs of the improvements, which is proportional to the benefits which accrue to the property. (Ord. 634 § 1, 1995)

11.10.080 Notice to affected property owners.

A. The preliminary determination of area boundaries and assessments, along with a description of the property owners’ rights and options, shall be forwarded by mail to the property owners of record within the proposed assessment area shown on the records of the Snohomish County assessor.

B. If any property owner requests a hearing in writing within 20 days of the mailing of the preliminary determination, a hearing shall be held before the city council, notice of which shall be given to all affected property owners by mail not less than 10 days prior to the hearing.

C. In the event a hearing is conducted as provided in this section, after considering public testimony, the city council shall make a final determination of the reimbursement area boundaries and assessment based upon the criteria set forth in this chapter and as specified in Chapters 35.72 and 35.91 RCW as now or hereafter amended. The council may adopt, or may reject or modify the engineer’s determination based upon good cause. (Ord. 634 § 1, 1995)

11.10.090 Reimbursement agreement must be recorded.

In order to become effective, a reimbursement agreement must be recorded with the Snohomish County auditor within 30 days of approval by the city. Such recording shall make their contract binding of owners of record within the assessment area and their heirs and assigns. (Ord. 634 § 1, 1995)

11.10.100 Written agreement – Payment of city costs in excess of application fee.

Upon approval of the application, determination of the estimated costs of construction, the reimbursement area and estimated fees by the city engineer, the applicant shall sign a reimbursement agreement on the forms supplies by the city. The signed agreement, the application and supporting documents, together with the city engineer’s estimate of cost of construction, and determination of reimbursement area and estimated fees shall be presented to the city council with a request that the city council authorize the mayor to sign the agreement on behalf of the city.

In the event costs incurred by the city for engineering or other professional consultant services required in processing the application exceed the amount of the application fee, the finance department shall so advise the city council and the council approval shall be conditioned upon receipt of payment by the applicant of an additional amount sufficient to compensate the city for its actual costs in excess of the application fee. (Ord. 634 § 1, 1995)

11.10.110 Construction and acceptance of improvements – Recording of final fees.

A. After the reimbursement agreement has been signed by both parties, and all necessary permits and approvals have been obtained, the applicant shall construct the improvements, and upon completion, request final inspection and acceptance of the improvements by the city, subject to any required obligation to repair defects. The applicant shall provide the city an appropriate bill of sale, easement and any other document needed to convey the improvements to the city and to insure right-of-access for maintenance and replacement, along with documentation of the actual cost of the improvements and certification that all costs have been paid.

B. In the event that actual costs are 10 percent or more below the city engineer’s estimate, the city engineer shall recalculate the fees, reducing them accordingly. (Ord. 634 § 1, 1995)

11.10.120 Collection of reimbursement fees – No liability for failure to collect.

A. Subsequent to the recording of a reimbursement agreement, the city shall not, in the case of street project agreements, issue any permit for development upon property which has been assessed pursuant to the agreement, or, in the case of water or sewer facility agreement, permit connection of any property within the reimbursement area to any sewer or water facility constructed pursuant to the reimbursement agreement, unless the share of the costs of such facilities required by the recorded agreement is first paid to the city.

B. Upon receipt of any reimbursement fees, the city shall deduct a five percent administrative fee and remit the balance of the reimbursement fees to the party entitled to the fees pursuant to the agreement. In the event that through error, the city fails to collect a required reimbursement fee prior to issuance of development approval or connection to a sewer or water facility, the city shall make diligent efforts to collect such fee, but shall under no circumstances be obligated to make payment to the party entitled to reimbursement, or in any other way be liable to such party, unless such reimbursement fee has actually been paid to the city. (Ord. 634 § 1, 1995)

11.10.130 Disposition of undeliverable reimbursement fees.

In the event that, after reasonable effort, the party to which reimbursement fees are to be paid pursuant to a reimbursement agreement cannot be located, and upon expiration of 180 days from the date fees were collected by the city, the funds, less a five percent administrative fee, shall be returned to the party that paid them to the city and the obligation of such party to pay a latecomer reimbursement fee shall be terminated. (Ord. 634 § 1, 1995)