Wash. Rev. Code » Title 35 · Chapter 35.43

Wash. Rev. Code § 35.43.070

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A local improvement may be ordered only by an ordinance of the city or town council, pursuant to either a resolution or petition therefor. The ordinance must receive the affirmative vote of at least a majority of the members of the council.
Charters of cities of the first class may prescribe further limitations. In cities and towns other than cities of the first class, the ordinance must receive the affirmative vote of at least two-thirds of the members of the council if, prior to its passage, written objections to its enactment are filed with the city clerk by 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.
[ 1965 c 7 s 35.43.070. Prior: (i) 1911 c 98 s 8; RRS s 9359. (ii) 1911 c 98 s 66; RRS s 9419.]
Notes of Decisions
Cited in 4 cases, 1972–2013 · leading case: Denis Fury v. City Of North Bend
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Denis Fury v. City Of North Bend (2013) washctapp · cites it 6× “To support their argument, appellants rely predominately on RCW 35.43.070, which provides that an improvement may be ordered only by ordinance; on RCW 35.”
RAINIER NATIONAL BANK v. Wells (1992) washctapp “" RCW 35.43.070. After the ordinance forms the LID, a number of other steps are necessary before a property owner is hable to pay an assessment, including a protest period; authorization of design work and bidding; completion of the project; computation of the final assessment…”
Citizens for Underground Equality v. City of Seattle (1972) washctapp “RCW 35.43.070, 35.43.120. The property within each LID is assessed upon the same terms (i.”
Hulo v. City of Redmond (1975) washctapp “Pursuant to an appropriate resolution authorized by RCW 35.43.070, the City Council of defendant City of Redmond adopted an ordinance creating a local improvement district (LID) for the construction of street improvements.”
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