[1]
Local improvement guaranty fund – See FMC § 3.20.030. Statutory authority – Initiation of proceedings – See Chapter 35.43 RCW. Assessments – See Chapter 35.44 RCW.
The clerk/treasurer, the city engineer, or in the absence of a full-time engineer, the city general superintendent, and the city attorney are hereby designated as a local improvement board. Such board shall be charged with the preparation, on behalf of the city, of all preliminary cost estimates, certificates, assessment rolls and notices required to be prepared in connection with any local improvement hereafter initiated within the city. The mayor may appoint one or more councilmen to sit with and act as ex officio members of such board in connection with any particular local improvement.
(Ord. 275 § 3, 1955; Ord. 518 § 7, 1965)
For purposes of signing any petition for the formation of a local improvement district, the term "owner" is hereby defined and declared to be the fee owner of the property, and shall not include any contract purchaser, tenant, lessee, one of two or more joint tenants, mortgagee, or trustee unless by the terms of the trust the trustee is expressly vested with authority to sign such a petition; provided, that 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.
(Ord. 275 § 11, 1955)
All petitions of property owners requesting the formation of a local improvement district shall be addressed to the city council and shall be submitted on standard petition forms furnished by the city.
(Ord. 275 § 9, 1955)
Any petition requesting the formation of a local improvement district shall be signed by the owners of property aggregating a majority of the lineal frontage upon the improvement and a majority of the area within the proposed district. The petition shall set forth the nature and territorial extent of the proposed improvement, the mode of payment, and what proportion of the lineal frontage upon the improvement and of the area within the proposed district is owned by the petitioners as shown by the records in the office of the Pierce County auditor.
(Ord. 275 § 10, 1955)
Except as herein provided, the signature to any such petition shall be that of the owner. If the property be community property, the petition may be signed by both husband and wife, or by the husband alone. The signature of an owner by his agent will not be accepted unless a proper power of attorney has either been recorded or accompanies the petition. Property owned by a firm or corporation must be signed for by a duly authorized officer or officers, and upon request of the city, proof of such authority must be submitted.
(Ord. 275 § 12, 1955)
All notices required by law to be given to property owners in connection with any local improvement project may be given by personally delivering a copy of such notice, or by mailing a copy thereof by ordinary first class mail postage to the owner of record of the property involved at the address on file with Pierce County treasurer for tax statement purposes.
(Ord. 275 § 4, 1955)
Copies of all maps, estimates, cost breakdowns, cost records, plans and specifications, resolutions and ordinances, assessment rolls, notices and other documents or records which may have been prepared in connection with any local improvement district shall be kept by the local improvement board at the Fircrest City Hall and shall be available for public inspection.
(Ord. 275 § 8, 1955)
All hearings required by law to be held in connection with any proposed local improvement project shall be held at the time of any regular or special meeting of the city council, at such place as said council holds its said meetings.
(Ord. 275 § 5, 1955)
Objections to any proposed local improvement district or to any proposed assessment roll, to be binding upon the city council, shall be submitted in writing over the signature of the property owner involved or his authorized agent, and shall be filed with the city clerk-treasurer at least three hours in advance of the time fixed for the holding of any hearing concerning such matter. For purposes of objecting to the formation of any proposed local improvement district, the following shall have status as owner and may make and file objections, namely: purchaser under land contract; one of two or more joint tenants; either husband or wife where the property is community property; trustee.
(Ord. 275 § 13, 1955)
Payment of all assessments, or interest or penalties in connection therewith, shall be made to and through the city clerk-treasurer. Once an assessment roll has been adopted, such roll shall remain in the custody of the clerk-treasurer, who shall credit payments received thereon in the manner provided by law. The clerk-treasurer shall also initiate all disbursements against the local improvement guaranty fund, in the manner provided by law.
(Ord. 275 § 6, 1955)
The rate of interest on unpaid assessments, and the amount of penalty on overdue assessments, shall be fixed by the city council for each local improvement district in the ordinance creating such district.
(Ord. 275 § 7, 1955)
Except as provided by the general laws of the state of Washington or by subsequent ordinances relating to individual local improvement districts, all local improvement districts and local improvement assessments hereafter made and created within the city of Fircrest shall be governed by the provisions of this chapter.
(Ord. 275 § 1, 1955)