Title 18
LOCAL IMPROVEMENTS AND PUBLIC WORKS*
Chapters:
18.04 Standard Specifications for Municipal Public Works Construction
18.08 Local Improvement Districts
18.12 Local Improvement District Guaranty Fund
18.16 Undergrounding of Utilities
* For the statutory provisions regarding the general law applicable to code cities with regard to local improvements therein, see RCW 35A.43.
Chapter 18.04
STANDARD SPECIFICATIONS FOR MUNICIPAL PUBLIC WORKS CONSTRUCTION
Sections:
18.04.010 Conformance to required.
18.04.020 Copies filed.
18.04.030 Rules for distribution of copies.
18.04.040 Drawings adopted.
18.04.010 Conformance to required.
(a) Except as hereinafter provided, all public works construction, including but not limited to streets, sewers and water distribution system in the city, shall conform to the Standard Specifications for Municipal Public Works Construction of the Washington State Chapter of the American Public Works Association published in 1969, including any future amendments, modifications or changes thereof adopted and issued by said Association.
(b) Specifications which modify, change or substitute for the standard specifications hereinabove adopted may be established for a particular public works project when the use of such nonstandard specifications is, in the opinion of the director of public services, beneficial to the public interest. All nonstandard specifications shall be clearly identified as such and shall be set forth in full detail and as a part of the special conditions prepared for such project. In all such cases, the special conditions shall be specially approved by the city council prior to the authorization to call for bids. (Ord. 2064 § 1, 1969: Ord. 911 § 1, 1963)
18.04.020 Copies filed.
A requisite number of copies of such standard specifications shall be kept on file in the office of the city clerk, and shall be available to all interested persons for inspection. (Ord. 911 § 2, 1963)
18.04.030 Rules for distribution of copies.
The city clerk, in consultation with the city engineer, is authorized to establish reasonable rules (including deposit requirements) for distribution of copies of such standard specifications to interested persons on a temporary loan basis. (Ord. 911 § 3, 1963)
18.04.040 Drawings adopted.
Those certain drawings identified as detail sheets city standards of the city of Kirkland, PW-1 through PW-22 inclusive, are hereby adopted as detail standards to supplement the standards required by Sections 18.04.010 through 18.04.030. The drawings are by this reference incorporated herein as though fully set forth. (Ord. 1083 § 1, 1967)
Chapter 18.08
LOCAL IMPROVEMENT DISTRICTS*
Sections:
18.08.010 Creation, bonds and warrants—Compliance with state laws.
18.08.020 Preliminary estimates and assessment rolls—Official designated.
18.08.030 Bonds—Denomination.
18.08.040 Assessments—Costs.
18.08.050 Assessments—Installments—Delinquency.
18.08.060 Assessments—Installments—Foreclosure.
* For the statutory provisions regarding local improvement districts, see RCW Chapters 34.43, Initiation of Districts; 35.44, Assessments and Reassessments; 35.45, Bonds and Warrants; 35.49, Collection of Assessments; 35.50, Foreclosure of Assessments; 35.53, Disposition of Property Acquired.
18.08.010 Creation, bonds and warrants—Compliance with state laws.
The creation of local improvement districts by the city, the levying and collection of assessments therein and the issuance of bonds and warrants thereof shall be accomplished in accordance with the applicable provisions of the statutes of the state of Washington and the provisions of this chapter and Chapter 18.12. (Ord. 994 § 1, 1965)
18.08.020 Preliminary estimates and assessment rolls—Official designated.
The city engineer is hereby designated as the proper officer to make preliminary estimates and assessment rolls for local improvement districts of the city and to furnish to the city council such information as may be required by law to be furnished to the city council in connection with the formation of local improvement districts. (Ord. 994 § 2, 1965)
18.08.030 Bonds—Denomination.
Local improvement bonds shall be in such denominations as may be provided in the ordinance authorizing their issue. The city may in such ordinance provide that the date, form and interest rate of such bonds and the denomination of the first numbered bond of such issue be subsequently fixed by resolution. (Ord. 994 § 3, 1965)
18.08.040 Assessments—Costs.
In levying local improvement assessments the city shall estimate the reasonable costs to be incurred in collecting such assessments and same shall be added to the assessment roll as a part of the cost of the improvement. (Ord. 994 § 4, 1965)
18.08.050 Assessments—Installments—Delinquency.
Installments of assessments which shall become due in any local improvement district of the city shall be delinquent if not paid when due. All delinquent installments shall bear a penalty of five percent of the principal amount due on such delinquent installment or installments. If any assessment installment shall become delinquent, the entire assessment shall become due and payable and the collection thereof may be enforced by foreclosure in the manner provided by the laws of the state of Washington; provided, however, that payment of all delinquent installments together with interest, penalty and costs at any time before entry of judgment in foreclosure shall extend the time of payment on the remainder of the assessment installments as if there had been no delinquency or foreclosure. (Ord. 994 § 5, 1965)
18.08.060 Assessments—Installments—Foreclosure.
Foreclosure of delinquent local and utility local improvement district assessments or installments thereof may be commenced by the methods provided in RCW Chapter 35.50.
The director of finance shall first give to the persons whose names appear on the assessment roll as owners of the property charged with the assessments or installments which are delinquent notice of commencement of foreclosure proceedings in the form and manner required by RCW 35.50.030.
The foreclosure proceedings shall then be commenced not less than thirty-five days nor more than sixty days after the date of mailing such notice; provided, however, that no foreclosure action shall be commenced after July 15th in any year. (Ord. 3573 § 75, 1997: Ord. 2954 § 1, 1986: Ord. 2296 § 1, 1975)
Chapter 18.12
LOCAL IMPROVEMENT DISTRICT GUARANTY FUND*
Sections:
18.12.010 Created.
18.12.020 Budget and tax levy.
18.12.030 Warrants.
18.12.040 Defaulted bonds, interest coupons and warrants—Purchase.
18.12.050 Certificates of delinquency for general taxes.
18.12.060 Interest and earnings.
* For the statutory provisions regarding the local improvement district guaranty fund, see RCW Chapter 35.54.
18.12.010 Created.
Pursuant to RCW Chapter 35.54, there is hereby created a fund of the city to be known and designated as “Local Improvement Guaranty Fund” for the purpose of guaranteeing to the extent of such fund in the manner provided by law and this chapter and Chapter 18.08 the payment of local improvement bonds and warrants hereafter issued to pay the cost of improvements constructed in all local improvement districts of the city and the payment of all local improvement bonds and warrants of the city heretofore issued and guaranteed by the existing local improvement guaranty fund of the city, the creation of which is hereby ratified and confirmed and such fund redesignated, consolidated with and made a part of the local improvement guaranty fund created and designated by this chapter. (Ord. 994 § 6, 1965)
18.12.020 Budget and tax levy.
From time to time hereafter for the purpose of maintaining the local improvement guaranty fund the city shall at the time of making its annual budget and tax levy provide for the levy of a sum sufficient, with other resources of the fund, to meet the financial requirements of such fund, provided that the levy in any one year shall not exceed five percent of the outstanding obligations guaranteed by the fund. (Ord. 994 § 7, 1965)
18.12.030 Warrants.
Warrants drawing interest at a rate of not to exceed six percent shall be issued against the local improvement guaranty fund to meet any liability accruing against it. The warrants so issued shall at no time exceed five percent of the outstanding obligations guaranteed by the fund. At the time of making its annual budget and tax levy the city shall provide for the levying of a sum sufficient, with other resources of the fund, to pay warrants so issued during the preceding fiscal year. (Ord. 994 § 8, 1965)
18.12.040 Defaulted bonds, interest coupons and warrants—Purchase.
Defaulted bonds, interest coupons and warrants against local improvement district funds of the city shall be purchased out of the guaranty fund and as between the several issues of bonds, coupons or warrants no preference shall exist, but they shall be purchased in the order of their presentation. (Ord. 994 § 9, 1965)
18.12.050 Certificates of delinquency for general taxes.
(a) For the purpose of protecting the guaranty fund, so much of the guaranty fund as is necessary may be used to purchase certificates of delinquency for general taxes on property subject to local improvement assessments which underlie the bonds, coupons or warrants guaranteed by the fund or to purchase such property at county tax foreclosures or from the county after foreclosure.
(b) The city, as trustee of the fund, may foreclose the lien of general taxes certificates of delinquency and purchase the property at foreclosure sale. When doing so, the court costs, costs of publication, expense for clerical work and other expenses incidental thereto shall be charged to and paid from the local improvement guaranty fund.
(c) After acquiring title to property by purchase at general tax foreclosure sale or from the county after foreclosure, the city may lease it or sell it at public or private sale at such price and on such terms as may be determined by resolution of the city council. All proceeds shall belong to and be paid into the local improvement guaranty fund. (Ord. 994 § 10, 1965)
18.12.060 Interest and earnings.
(a) Interest and earnings from the local improvement guaranty fund shall be paid into the fund. If in any local improvement fund guaranteed by the local improvement guaranty fund there is a surplus remaining after the payment of all outstanding bonds and warrants payable therefrom, it shall be paid into the local improvement guaranty fund.
(b) Whenever any sum is paid out of the local improvement guaranty fund on account of the principal or interest of a local improvement bond or warrant, the city, as trustee of the fund, shall be subrogated to all the rights of the holder of the bonds or interest coupon or warrant so paid and the proceeds thereof or of the underlying assessment shall become part of the guaranty fund. (Ord. 994 § 11, 1965)
Chapter 18.16
UNDERGROUNDING OF UTILITIES
Sections:
18.16.010 When required.
18.16.020 Waiver.
18.16.010 When required.
Whenever the roadway within a public right-of-way is being installed, replaced, or substantially repaired, all power, communication and similar utility service lines within that right-of-way shall be placed underground as part of the roadway project. This undergrounding of utility lines shall be done consistent with the standards of the serving utility and the city. (Ord. 2569 § 1, 1980)
18.16.020 Waiver.
The director of the department of public services may, in whole or in part, waive the undergrounding requirement of Section 18.16.010 if he or she determines that it is unreasonable or impractical to underground utility lines in a particular right-of-way. (Ord. 2569 § 2, 1980)