Title 35 — Title 35 CITIES AND TOWNS
49 chapters · 1,261 sections in this title.
RCW 35.44.180 Notices—Mailing—Proof.
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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 …
RCW 35.44.190 Proceedings conclusive—Exceptions—Adjustments to assessments if other funds become available.
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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 con…
RCW 35.44.200 Procedure on appeal—Perfecting appeal.
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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 ap…
RCW 35.44.210 Procedure on appeal—Notice of appeal.
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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 …
RCW 35.44.220 Procedure on appeal—Bond.
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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 pro…
RCW 35.44.230 Procedure on appeal—Transcript.
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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 th…
RCW 35.44.240 Procedure on appeal—Notice of hearing.
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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 tha…
RCW 35.44.250 Procedure on appeal—Hearing by superior court.
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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 d…
RCW 35.44.260 Procedure on appeal—Appellate review.
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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 9…
RCW 35.44.270 Procedure on appeal—Certified copy of decision or order.
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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 a…
RCW 35.44.280 Reassessments—When authorized.
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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 re…
RCW 35.44.290 Reassessments—Basis—Property included.
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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 distric…
RCW 35.44.300 Reassessments—Irregularities not fatal.
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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 gover…
RCW 35.44.310 Reassessments—Amount thereof.
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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 imp…
RCW 35.44.320 Reassessments—Credit for prior payments.
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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.]
RCW 35.44.330 Reassessments—Payment.
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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 ha…
RCW 35.44.340 Reassessments—Limitation of time for.
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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 o…
RCW 35.44.350 Reassessments, assessments on omitted property, supplemental assessments—Provisions governing.
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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 proceedi…
RCW 35.44.360 Assessments on omitted property—Authority.
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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 it…
RCW 35.44.370 Assessments on omitted property—Resolution—Notice.
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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 …
RCW 35.44.380 Assessments on omitted property—Confirmation ordinance—Collection.
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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 ro…
RCW 35.44.390 Supplemental assessments—When authorized.
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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 a…
RCW 35.44.400 Supplemental assessments—Limitation of time for.
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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…
RCW 35.44.410 Segregation of assessments.
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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 su…
RCW 35.44.420 Property donations—Credit against assessments.
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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 as…
RCW 35.45.010 Authority to issue bonds.
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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 b…
RCW 35.45.020 Bond issue—Due date—Interest.
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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 rat…
RCW 35.45.030 Bonds—Form—Content.
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(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…
RCW 35.45.040 Bonds—Sale of.
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(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 …
RCW 35.45.050 Call of bonds.
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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 (…
RCW 35.45.060 Interest on bonds—How payable.
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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.]
RCW 35.45.065 Interest on bonds—Payment from general revenues—Authority—Procedure.
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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 th…
RCW 35.45.070 Nonliability of city or town.
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(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…
RCW 35.45.080 Remedy of bondholders.
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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 …
RCW 35.45.090 Excess to be refunded—Demand—Right of action.
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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 …
RCW 35.45.130 Warrants against local improvement fund authorized.
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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 …
RCW 35.45.140 Warrants acceptable in payment of assessments.
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Cities and towns may accept warrants drawn against any local improvement fund upon such conditions as they may by ordinance or resolution prescribe, in satisfaction of:(1) Assessments levied to supply such fund, in due order of priority of right;(2) Judgments rendered against pro…
RCW 35.45.150 Installment notes—Interest certificates.
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In addition to the issuance of bonds and warrants in payment of the cost and expense of any local improvement, any city or town may also issue and sell installment notes payable out of the local improvement district fund. Such installment notes may be issued any time after the th…
RCW 35.45.155 Installment notes—Refunding.
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Any city or town having issued one or more installment notes pursuant to RCW 35.45.150 may refund all of such notes or the principal thereof then outstanding payable from any one local improvement district fund by the issuance of local improvement district bonds pursuant to chapt…
RCW 35.45.160 Consolidated local improvement districts—Authorized—Purpose.
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For the purpose of issuing bonds only, the governing body of any municipality may authorize the establishment of consolidated local improvement districts. The local improvements within such consolidated districts need not be adjoining, vicinal or neighboring. If the governing bod…
RCW 35.45.170 Refunding bonds—Limitations.
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The legislative authority of any city or town may issue and sell bonds to refund outstanding local improvement district or consolidated local improvement district bonds issued after June 7, 1984, on the earliest date such outstanding bonds may be redeemed following the date of is…
RCW 35.45.180 Transfer from general fund to local improvement fund authorized—Ordinance.
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Any city or town, when authorized by ordinance, may transfer permanently or temporarily, money from its general fund, or from any other municipal fund as its council shall specify in that ordinance, to its local improvement guaranty fund or any of its local improvement funds to b…
RCW 35.47.010 Distribution of moneys in local improvement funds to holders of bonds and warrants—Notice—Time limitation—Abandonment and transfer to general fund.
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Any city or town having any outstanding and unpaid local improvement bonds or warrants issued in connection with a local improvement therein to which the local guaranty fund law is not applicable and that have been delinquent for more than fifteen years, by ordinance, may direct …
RCW 35.47.020 Declaration of obsolescence and cancellation upon distribution of moneys, untimely presentment, or lack of money in local improvement fund.
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After the city or town having said bonds or warrants referred to in RCW 35.47.010 has distributed the money in a local improvement district fund in accordance with RCW 35.47.010, or such bonds or warrants are not presented for payment within one year after the last date of public…
RCW 35.47.030 Cancellation procedure where no money in local improvement fund.
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If the bonds or warrants outstanding against a district are unguaranteed and if there remains no money in the appropriate local improvement fund to pay them, and if no real property is held in trust for the fund, the city or town shall give notice in the same manner as provided i…
RCW 35.47.040 Action under RCW 35.47.010 through 35.47.030 unaffected by chapter 35.48 RCW or other law.
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Nothing in chapter 35.48 RCW or other existing law to the contrary shall preclude the action authorized herein.[ 1965 ex.s. c 6 s 4.]
RCW 35.48.010 Special revolving fund for delinquent nonguaranteed bonds and warrants—Composition.
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If any city or town has issued bonds or warrants payable from a local improvement or condemnation award fund, to which the local improvement guaranty fund law is not applicable, and if the assessment, or last installment thereof, against which the bonds or warrants were issued ha…
RCW 35.48.020 Use of revolving fund—Maximum bond price.
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Any moneys in such revolving fund may be used for the purchase of unpaid delinquent local improvement warrants, or bonds and interest payments, or bonds and interest coupons thereon, issued by the city or town, payable from a local improvement district fund or condemnation award …
RCW 35.48.030 Subrogation—Refund of surplus.
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The purchase of any such bonds or warrants shall not relieve the local improvement or condemnation award fund from which the same are payable from liability for payment of the same, but the city or town upon purchase thereof shall become subrogated to all the rights of the former…
RCW 35.48.040 Refund to revolving fund.
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If there are funds in any local improvement district fund or condemnation award fund sufficient to pay or retire any bond or warrant issued and payable from said fund, and the city or town is the owner and holder of the bond or warrant next payable from the fund, the city or town…