Title 36 — Title 36 COUNTIES
97 chapters · 1,831 sections in this title.
RCW 36.88.010 Districts authorized—Purposes.
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All counties have the power to create county road improvement districts for the acquisition of rights-of-way and improvement of county roads, existing private roads that will become county roads as a result of this improvement district process and, with the approval of the state …
RCW 36.88.015 Additional purposes.
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All counties have the power to create county road improvement districts for the construction, installation, improvement, operation, and maintenance of street and road lighting systems for any county roads, and subject to the approval of the state department of transportation, for…
RCW 36.88.020 Formation of district—How initiated.
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County road improvement districts may be initiated either by resolution of the board of county commissioners or by petition signed by the owners according to the records of the office of the county auditor of property to an aggregate amount of the majority of the lineal frontage …
RCW 36.88.030 Formation of district—By resolution of intention—Procedure.
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In case the board of county commissioners shall desire to initiate the formation of a county road improvement district by resolution, it shall first pass a resolution declaring its intention to order such improvement, setting forth the nature and territorial extent of such propos…
RCW 36.88.035 Notice must contain statement that assessments may vary from estimates.
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Any notice given to the public or to the owners of specific lots, tracts, or parcels of land relating to the formation of a county road improvement district shall contain a statement that actual assessments may vary from assessment estimates so long as they do not exceed a figure…
RCW 36.88.040 Formation of district—By resolution of intention—Election—Rules.
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The election provided herein for cases where the improvement is initiated by resolution shall be governed by the following rules: (1) All ballots must be signed by the owner or reputed owner of property within the proposed district according to the records of the county auditor; …
RCW 36.88.050 Formation of district—By petition—Procedure.
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In case any such road improvement shall be initiated by petition, such petition shall set forth the nature and territorial extent of such proposed improvement, and the fact that the signers thereof are the owners, according to the records of the county auditor of property to an a…
RCW 36.88.060 Formation of district—Hearing—Resolution creating district.
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Whether the improvement is initiated by petition or resolution the board shall conduct a public hearing at the time and place designated in the notice to property owners. At this hearing, the board may make such changes in the boundaries of the district or such modifications in t…
RCW 36.88.062 Formation of district—Committee or hearing officer may conduct hearings—Report to legislative authority.
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In lieu of the county legislative authority holding the hearing under RCW 36.88.060 to create the road improvement district, the county legislative authority may adopt an ordinance providing for a committee of the county legislative authority or an officer to conduct the hearings…
RCW 36.88.065 Formation of district—Alternative method.
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If the county legislative authority desires to initiate the formation of a county road improvement district by resolution, it may elect to follow either the procedure set forth in chapter 35.43 RCW or the procedure set forth in RCW 36.88.030, and shall indicate the procedure sele…
RCW 36.88.070 Diagram only preliminary determination.
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The diagram or print herein directed to be submitted to the board shall be in the nature of a preliminary determination upon the method, and estimated amounts, of assessments to be levied upon the property specially benefited by such improvement and shall in no case be construed …
RCW 36.88.072 Waivers of protest—Recording—Limits on enforceability.
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If an owner of property enters into an agreement with a county waiving the property owner's right under RCW 36.88.030, 36.88.040, 36.88.050, 36.88.060, and 36.88.065 to protest formation of a road improvement district, the agreement must specify the improvements to be financed by…
RCW 36.88.074 Preformation expenditures.
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The county 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…
RCW 36.88.076 Credits for other assessments.
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A county ordering a road improvement upon which special assessments on property specifically benefited by the improvements are levied and collected, may provide as part of the ordinance creating the road improvement district that moneys paid or the cost of facilities constructed …
RCW 36.88.078 Assessment reimbursement accounts.
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A county ordering a road 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 road improvement district that the payment of an assessment levied for the distric…
RCW 36.88.080 Property included in district—Method of assessment—Assessment limited by benefit.
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Every resolution ordering any improvement mentioned in this chapter, payment for which shall be in whole or in part by special assessments shall establish a road improvement district which shall embrace as near as may be all the property specially benefited by such improvement an…
RCW 36.88.085 Exemption of farm and agricultural land from special benefit assessments.
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See RCW 84.34.300 through 84.34.380 and 84.34.922.
RCW 36.88.090 Assessment roll—Hearing—Notice—Objections—New hearing.
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Whenever the assessment roll for any county road improvement district has been prepared, such roll shall be filed with the clerk of the county legislative authority. The county legislative authority shall thereupon by resolution set the date for hearing upon such roll before a bo…
RCW 36.88.095 Assessment roll—Committee or officer may conduct hearing—Recommendations to legislative authority—Appeals.
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In lieu of the county legislative authority holding the hearing on assessment roll under RCW 36.88.090 as the board of equalization, the county legislative authority may adopt an ordinance providing for a committee of the county legislative authority or an officer to conduct the …
RCW 36.88.100 Appeal—Reassessment.
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The decision of the board upon any objections made within the time and in the manner herein prescribed may be reviewed by the superior court upon an appeal taken thereto in the manner provided for taking appeals from objections in local improvement districts of cities and towns.T…
RCW 36.88.110 Assessment roll—Conclusive.
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Whenever any assessment roll for construction or improvements shall have been confirmed by the board, as provided in this chapter, the regularity, validity and correctness of the proceedings relating to such construction or improvement and to the assessment therefor, including th…
RCW 36.88.120 Assessment is lien on property—Superiority.
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The charge on the respective lots, tracts, parcels of land and other property for the purpose of special assessment to pay the cost and expense in whole or in part of any construction or improvement authorized in this chapter, when assessed, and the assessment roll confirmed by t…
RCW 36.88.130 County treasurer—Duties.
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The county treasurer is hereby designated as the treasurer of all county road improvement districts created hereunder, and shall collect all road improvement district assessments, and the duties and responsibilities herein imposed upon him or her shall be among the duties and res…
RCW 36.88.140 Payment of assessment—Delinquent assessments—Penalties—Lien foreclosure.
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The county legislative authority shall prescribe by resolution within what time such assessment or installments thereof shall be paid, and shall provide for the payment and collection of interest and the rate of interest to be charged on that portion of any assessment which remai…
RCW 36.88.145 Property donations—Credit against assessments.
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The county 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 county road improvement district. The credit granted is available agai…
RCW 36.88.150 Payment of assessment—Record of.
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Whenever before the sale of any property the amount of any assessment thereon, with interest, penalty, costs and charges accrued thereon, shall be paid to the treasurer, he or she shall thereon mark the same paid with the date of payment thereof on the assessment roll.[ 2009 c 54…
RCW 36.88.160 District fund—Purposes—Bond redemptions.
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All moneys collected by the treasurer upon any assessments under this chapter shall be kept as a separate fund to be known as ". . . . . ., county road improvement district No. . . . . fund." Such funds shall be used for no other purpose than the payment of costs and expense of c…
RCW 36.88.170 Foreclosed property—Held in trust for district.
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Whenever any property shall be bid in by any county or be stricken off to any county under and by virtue of any proceeding for enforcement of the assessment provided in this chapter said property shall be held in trust by said county for the fund of the improvement district for t…
RCW 36.88.180 Foreclosed property—Sale or lease—Disposition of proceeds.
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Any county may at any time after a deed is issued to it under and by virtue of any proceeding mentioned in this chapter, lease or sell or convey any such property at public or private sale for such price and on such terms as may be determined by resolution of the board, and all p…
RCW 36.88.190 Improvement bonds, warrants authorized.
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(1) The county legislative authority may provide for the payment of the whole or any portion of the cost and expense of any duly authorized road improvement by bonds and/or warrants of the improvement district which bonds shall be issued and sold as herein provided, but no bonds …
RCW 36.88.200 Improvement bonds—Form, contents, execution.
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(1) Such bonds shall be numbered from one upwards consecutively, shall be in such denominations as may be provided by the county legislative authority in the resolution authorizing their issuance, shall mature on or before a date not to exceed twenty-two years from and after thei…
RCW 36.88.210 Improvement bonds—Issuance—Sale—Deposit of proceeds.
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(1) The bonds issued under the provisions of this chapter may be issued to the contractor or sold by the county legislative authority as authorized by the resolution directing their issuance at not less than their par value and accrued interest to the date of delivery. No bonds s…
RCW 36.88.220 Improvement bonds—Guaranty fund.
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All counties may establish a fund for the purpose of guaranteeing to the extent of such fund and in the manner hereinafter provided, the payment of its road improvement district bonds and warrants issued to pay for any road improvement ordered under this chapter. If the county le…
RCW 36.88.230 Improvement bonds—Guaranty fund in certain counties—Operation.
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Whenever there shall be paid out of a guaranty fund any sum on account of principal or interest of a road improvement district bond or warrant, the county, as trustee for the fund, shall be subrogated to all the rights of the owner of the bond or any interest coupon or warrant so…
RCW 36.88.235 Improvement bonds—Guaranty fund assets may be transferred to county general fund—When.
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(1) Any county maintaining a local improvement guaranty fund under this chapter, upon certification by the county treasurer that the local improvement guaranty fund has sufficient funds currently on hand to meet all valid outstanding obligations of the fund and all other obligati…
RCW 36.88.240 Improvement bonds—Repayment restricted to special funds—Remedies of bond owner—Notice of restrictions.
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The owner of any bond or warrant issued under the provisions of this chapter shall not have any claim therefor against the county by which the same is issued, except for payment from the special assessments made for the improvement for which said bond or warrant was issued and ex…
RCW 36.88.250 Improvement bonds—Remedies of bond owners—Enforcement.
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If the board fails to cause any bonds to be paid when due or to promptly collect any assessments when due, the owner of any of the bonds may proceed in his or her own name to collect the assessments and foreclose the lien thereof in any court of competent jurisdiction and shall r…
RCW 36.88.260 Assessment where bonds issued—Payment in installments.
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In all cases where the board shall issue bonds to pay the cost and expense of any county road improvement district and shall provide that the whole or any part of the cost and expense shall be assessed against the lots, tracts, parcels of land, and other property therein, the res…
RCW 36.88.270 Assessment where bonds issued—Payment in cash—Notice of assessment.
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The owner of any lot, tract, or parcel of land, or other property charged with any such assessments may redeem the same from all or any portion of the liability for the cost and expense of such improvement by paying the entire assessment or any portion thereof charged against suc…
RCW 36.88.280 Assessment where bonds issued—Payment in cash during installment period—Duties of county treasurer—Use of funds.
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The owners of any lot, tract, or parcel of land may save the same from all liability for the unpaid amount of the assessment, at any time after the thirty-day period herein provided for their payment without interest, by paying the entire amount or all installments on said assess…
RCW 36.88.290 Limitation of actions.
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An action to collect any special assessment or installment thereof for road improvements, or to enforce the lien of any such assessment or installment, whether such action be brought by the county or by the holder of any certificate of delinquency, or by any other person having t…
RCW 36.88.295 Refunding bonds—Limitations.
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The legislative authority of any county may issue and sell bonds to refund outstanding road improvement district or consolidated road improvement district bonds issued after June 7, 1984, on the earliest date such outstanding bonds may be redeemed following the date of issuance o…
RCW 36.88.300 District costs and expenses—What to include.
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Whenever any district is organized hereunder, there shall be included in the cost and expense thereof: (1) The cost of all of the construction or improvement authorized in the district, including that portion of the construction or improvement within the limits of any street or r…
RCW 36.88.305 District costs and expenses—Credit or reduction of assessments.
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At its option, a county may include the value of right-of-way or property that is donated or given to the county for purposes of an improvement to be financed by a road improvement district, together with the costs of acquiring other rights-of-way or property for the improvement …
RCW 36.88.310 Acquisition of property—Eminent domain.
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All land, premises or property necessary for right-of-way or other purposes in the construction or improvement of any county road, including bridges, sidewalks, curbs and gutters and the drainage facilities therefor, under this chapter may be acquired by the county acting through…
RCW 36.88.320 Construction or improvement—Supervision—Contracts—Standards.
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All construction or improvement performed under this chapter shall be under the direction of the board of county commissioners, acting by and through the county road engineer, or such other engineer as the board of county commissioners shall designate. Contracts let and/or work p…
RCW 36.88.330 Warrants—Issuance—Priority—Acceptance.
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The board may provide by resolution for the issuance of warrants in payment of the costs and expenses of any project, payable out of the county road improvement fund. The warrants shall be redeemed either in cash or by bonds for the same project authorized by the resolution.All w…
RCW 36.88.340 Participation of county road fund—Arrangements with other public agencies, private utilities.
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Except as they may establish continuing guaranty fund requirements, the board of county commissioners shall be the sole judges as to the extent of county road fund participation in any project under this chapter and the decisions of the board shall be final; the said board may re…
RCW 36.88.350 Maintenance—Expense.
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After the completion of any construction or improvement under this chapter, all maintenance thereof shall be performed by the county at the expense of the county road fund, excepting furnishing electric energy for and operating and maintaining street and road lighting systems: PR…
RCW 36.88.360 State, county, school, municipal corporation lands—Assessment—Recipients of notices, ballots.
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Lands owned by the state, county, school district or any municipal corporation may be assessed and charged for road improvements authorized under this chapter in the same manner and subject to the same conditions as provided by law for assessments against such property for local …