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ORD 84-01 FORECLOSURE OF LOCAL IMPROVEMENT ASSESSMENT LIENSMAE:jt 1/24/84 ORDINANCE NO. 84-01 AN ORDINANCE OF THE CITY OF WINSLOW, WASHING- TON, ESTABLISHING PROCEDURES FOR THE FORECLO- SURE OF DELINQUENT LOCAL IMPROVEMENT DISTRICT ASSESSMENTS AND SPECIFICALLY ESTABLISHING PENALTIES, PROVIDING FOR THE ACCELERATION OF INSTALLMENTS, REQUIRING THAT FORECLOSURE PRO- CEEDINGS BE COMMENCED BEFORE JUNE 1 OF EACH YEAR, PRESCRIBING NOTICE TO PROPERTY OWNERS, AND PROVIDING FOR ATTORNEYS' FEES. WHEREAS, the City of Winslow is required by state law to proceed with the foreclosure of local improvement assess- ment liens against property that is subject to an assessment for which either two installments are delinquent or the final installment has been delinquent for more than one year, and WHEREAS, RCW 35.49.030 authorizes the City to esta- blish a penalty for delinquent LID assessments, RCW 35.50.030 provides that the City may prescribe a date before which fore- closure proceedings must be commenced, and RCW 35.50.040 authorizes the city to accelerate all installments on an LID assessment whenever one of those installments is subject to foreclosure, now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 35.50 RCW as now and hereafter amended is hereby adopted by this reference pursuant to RCW 35A.12.140, and the City Clerk is directed to maintain one copy of such for public inspection during regular city business hours. A copy of said chapter is also attached hereto as Exhibit A. Section 2. Delinquent Installments - Penalties. Whenever any annual or other installment upon any local improvement assessment shall become delinquent after the effective date of this ordinance, each of such delinquent installments remaining unpaid at the date of delinquency, shall have added thereto a penalty equal to the rate of interest provided by ordinance for the bonds or warrants plus five percent multiplied by the amount of each such delinquent installment, and such penalty shall draw interest at the same rate as is provided by ordinance for the bonds or warrants issued in payment or part payment of such local improvement. Penalties and interest on delinquent installments shall be computed according to the method set forth on Exhibit B, attached hereto and incorporated herein as if set forth in full, consistent with this section. Section 3. Foreclosure of Delinquent Assessment. If, on the first day of January, in any year, two installments of any local improvement assessment are delinquent, or if the final installment thereof has been delinquent for more than one year, the city attorney is authorized to commence fore- closure proceedings on the delinquent assessment or delinquent installments by an appropriate action on behalf of the city in Kitsap County Superior Court. Such foreclosure proceedings shall be commenced on or before June 1 of each year. Section 4. Notice to Property Owner. The City Clerk/Treasurer shall send by certified mail to each person whose name appears on the assessment roll and/or county tax rolls as owner of the property charged with any delinquent assessment or installment, at each address listed on said assessment roll and/or county tax roll, a notice at least thirty days before commencement of any action to foreclose a delinquent assessment or installment. The notice shall state the amount due on each separate lot, tract or parcel of land, and the date after which the foreclosure proceedings will commence. Section 5. Acceleration of Installments - Attorneys' Fees. In any action brought for the foreclosure of a delin- quent assessment or installment, future installments not otherwise due and payable may, at the election of the City, be accelerated and the entire balance of the assessment with interest, penalty and cost shall become due and payable and the collection thereof shall be enforced by foreclosure as set forth in this ordinance; provided, however, that in the case - 2 - of such foreclosure there shall be added to the cost and expense as provided by RCW Ch. 3.50 such reasonable attorneys' fees as the court may adjudge to be equitable. Section 6. The provisions of this ordinance shall govern the collection by foreclosure of any and all assess- ments or installments that were delinquent as of January 1, 1984, as well as subsequent delinquent assessments or installments. Section 7. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitu- tional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 8. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. ATTEST/AUTHENTICATED: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: POSTED: February 22, 1984 EFFECTIVE DATE: February 27, 1984 ORDINANCE NO. APPROVED: MAYOR, ALICE ~. TAWRE~~ February 16, 1984 February 21, 1984 - 3 - EXHIBIT A ~ Local Impro,,ements . Foreclosu. 35.50.010 first publicanon thereof. but the county treasurers fail- ure to do so shall not affect the jurisdiction of the court nor the priont? of the tax sought to be foreclosed. If an> propert, situated in a city or town ts offered for sale for general taxes. the city or town shall have power to protect the lien or liens of any local impro`,ement as- sessments outstanding agamst the v, hole or portion of such property by purchase thereof or other~be [1 905 c - § 3549 130 Prior: (i~ loll c Og § 63: RRS § ~ii) i929 c 143 § I. part: I025 ex s. c I'0 § c 0S § 40. part: RRS § 9393. part! 35.49.140 Tax liens. Payment by cit~ after taking properly on foreclosure of local assessments. IF a caty or to'~n has bid in any property on sale !'!jr bcal improve- merit assessments. zt may satisfy the hen ,X' an.~ out- standrag gonerat taxes upon the property. b> pa>ment of the face of such taxes and costs. '.,,,thout pendRy or in- terest. but thl~ shatl not apply '.,.here certtHcates of de- hnquency against the property ha~e been Issued to prr.'ate persons [1905 c 7 § 35.49 1-!.0 Prior: I029 c 143 § l. part: 1025 exs c 170 § I. part: toll c 98 § 40. part: RRS § 9393. part] 35.49.150 Tax title property City may acquire from county before resale. If property is struck off to or bid in by a count` at a sale for general taxes. and is ~ub.lect to ]ocal improvement assessments tn any city or town. or has been taken over by the clt'~ or to~n on the Foreclosure of local impro`,ement assessments. the city' or to,,,,n may acquire the property' from the county at an,, time before resale and receive a deed therefor upon pay'- ing the face of such taxes and costs. ~..~thout penalty or :nterest. t1905 c" § 35.49.150. Prior 1'~29 c 143 § I. part: 1925 ex.s. c I'YO § I. part: 1911 c 98 § 40, part: RRS § 9393. part.] 35.49.160 Tax title property Disposition of pro- ceeds upon resale. ~hencver propert,' struck off to or bid an b> a county at a sale for general taxes is subse- quently sold by the count`. the proceeds of the sale shall first be applied to discharge in full the lien or liens for general taxes for which property was sold: the remain- der. or such portion thereof as may be necessary, shall be paid to the city or town to discharge all local ira- provelent assessment liens against the property: and the surplus. if any. shall be distributed among the proper county funds. [1965 c 7 § 35.49160 Prior: 19:9c 143 § 1. part: 1925 ex.s. c 170 § I. part: loll c 98 § 40, part: RRS § 9393, part.] 35.49.170 Acquisition of property by state or politi- cal subdivisions which is subject to unpaid assessments and delinquencies. See RCW 79.,,14 190. (1983 Ed ) Chapter 35.50 LOCAL IMPROVE,MENTS FORECLOSURE OF ASSESSMENTS 35 50 005 3¢ 3:, 59 r),:O t-: 50 030 35 "0 ,)..in 3:, 50 0:,o ~ '~0 220 35 50 225 3¢ 50 3~ 50 2JO 35 :'0 250 35 50 260 35 50 FiImng or nile, dxagram. expense Postrag proDsca Procedure Pr~cdure Procedure Pr~edure Pr~edure Procedure Pr~edure · Form of summons Panlea and property included Pleadings and evidence Trtal and Judgment Nottee of ~a. ae Saie~RIght of redemption procedure FIde 4 RC~ 35.50.005 Filing of title, diagram, expense Posting proposed roll. Within fifteen days after an.,, city or tov, n has ordered a Iocal improvement and created a local amprovement district. the city or town shall cause to be flied with the officer authorized by law to collect the assessments for such improvement. the title of the improvement and district number and a copy of the dia- gram or prmt showing the boundaries of the district and preliminary assessment roll or abstract of same showing thereon ~he lots. tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of ,~ch improvement to be borne by each iot. tract. or parcel of land. Such officer shall immediatel,, post the proposed assessment roll upon his index of local impro,,ement assessments against the properties affected by the local impro,.ement. [1969 ex.s. c 258 § 16:1965 c 7 § 3550005. Prior' 1955 c 353 § I] 35.50.010 Assessment lien Attachment Pri- ority. The charge assessed upon the respective tracts. or parcels o/' land and other propert, in the seaslent roll confirmed by ordinance of the city or to~.n council for the purpose of paying the cost and expense in v, hole or in part of any local improvement. shall be Hen upon the property assessed from the time the seaslent roll =s placed in the hands of the cuy or treasurer for collection. but as between the grantor and grantee. or ','endor and yendee of any real property. when there is no express agreement as to payment of the local improvement assessments against the real property. the lien of such assessment shall attach thirty days after the filing of the diagram or print and the estimated cost and expense of such improvement to be borne by each lot. tract, or parcel of land. as provided in RCW 3550- .005 Interest and penalty shall be included in and shall be a part of the assessment lien. The assessment lien shall be paramount and superior to any other lien or encumbrance theretofore or thereaf- ter created except a lien for general taxes. [1965 c" 35.50.010. Prior: 1955 c 353 § 4; prior: (i) 1911 c 9~ § 20: RRS § 9372. {ii) 1927 c 275 § I. part; 1921 c 92 § I: loll c 98 § 24, part: RRS § 9376. part.] ITitle 35 RC'~'--p 1591 35.50.020 Title 35 RCW: Cities and Towns 35.50.020 Assessment lien Validity. If the city or town council in making assessments against any property within any local improvement district or utility [ocal provcmcnt district has acted in good faith and without fraud, the assessments shall be valid and enforceable as such and the lien thereof upon the property assessed shall be valid. It shall be no objection to the validity of the assess- ment. or the lien thereof: (I) That the contract for the improvement was not awarded in the manner or at the time required b? law: or 12) That the assessment was made by an unauthorized officer or person if the assessment roll was confirmed by the city or town authorities: or (3) That the assessment Is based upon a front foot basis, or upon a basis of benefits to the property within the Improvement district unless ~t is made to appear that the city or town authorities did not act ~n good faith and did not attempt to act fairly in regard thereto or unless it is made to appear that the city or town authorities acted fraudulently or oppressively in making the assessment. All local improvement assessments heretofore or here- after made by city or town authorities m good faith are valid and in full force and effect. [1967 c 52 § 17:1965 c 7 § 35.50.020. Prior: 1911 c 98 § 61: RRS § 9414.1 Construction Se,erability--1967 c 52: See notes following RCW 35,13042 35.50.030 Authority and conditions precedent to foreclosure. If on the first day of January in any >'ear. two installments of any local improvement assessment are delinquent. or if the final installment thereof has been delinquent for more than one year. the city or town shall proceed with the foreclosure of the delinquent as- sessment or delinquent installments thereof by proceed- ings brought in its own name in the superior court of the county In which the city or town is situate. The proceedings shall be commenced on or before March 1st of that year or on or before such other date in such year as may be fixed by general ordinance. but not before the city or town treasurer has notified by certified mail the persons whose names appear on the assessment roll as owners of the property charged with the assess- ments or installments which are delinquent. at the ad- dress last known to the treasurer, a notice thirty days before the commencement of the proceedings. If the person whose name appears on the tax rolls of the county assessor as owner of the property. or the address shown for the owner. differs from that appearing on the city or town assessment roll, then the treasurer shall also mail a copy of the notice to that person or that address. The notice shall state the amount due upon each sep- arate lot, tract. or parcel of land and the date after which the proceedings will be commenced. The city or town treasurer shall file with the clerk of the super/or court at the time of commencement of the foreclosure proceeding the affidavit of the person who mailed the notices. This affidavit shall Ix conclusive proof of com- pliance with the requirements of this section. [1983 c [Title 35 RCW---p 1601 303 § 18; 1982 c 91 § I; 1981 c 323 § 6; 1965 c 7 § 35- .50.030. Prior: 1933 c 9 § 1, part: 1927 c 275 § 5, part: 1919 c 70 § 2; 1915 c 185 § 1: 191l c 98 §§ 34, 36, part; RRS § 9386, part: prior: 1897 c I I 1.] Severability 1983 c 303: See RCW 36.60.905 Sevef~bility 1982 c 91: 'if any provision of thzs amendatorv acl or its application to any person or circumstance ~s held invahd, th~ re- mainder of the act or the application of the provision to other Persons or circumstances is not affected.' [1982 c 91 § 101 Coeutnactic= 1933 c 9: 'The provisions of this act shall be ap- plicable to the lien of assessments heretofore as well as hereafter ~ev~ed and to foreclosure proceedings now pending' [1933 c 9 § 3] 35.50.040 Entire assessment, foreclosure of. When the local improvement assessment is payable in install- ments. the enforcement of the lien or any installment shall not prevent the enforcement of the lien of any sub- sequent installment. A czty or town may by general ordinance provide that upon failure to pay any installment due the entire as- sessment shall become due and payable and the collec- tion thereof enforced by foreclosure: Provided, That the payment of all delinquent installments together with in- terest. penalty, and costs at any time before entry or judgment in foreclosure shall extend the time of pay- ment on the remainder of the assessments as if there had been no delinquency or foreclosure, Where foreclosure of two installments of the same assessment on any lot. tract, or parcel is sought, the city or town treasurer shall cause such lot, tract. or parcel to be dismissed from the actran. if the installment first delinquent together with interest, penalty. costs. and charges is paid at any time before sale. [1965 c 7 § 35.50.040. Prior: (i) 1933 c 9 § 1, part: 1927 c 275 § 5. part: 1919 c 70 § 2. part: 1915 c 185 § I: 1911 c 98 §§ 34, 36, part: RRS § 9386, part. (ii} 1919 c 70 § 1; 1911 c 98 § 35: RRS § 9388; prior: 1897 c 111.] 35.50.050 Limitation of foreclosure action. An action to collect a local improvement assessment or any install- ment thereof or to enforce the lien thereof whether brought by the city or town, or by any person having the right to bring such action must be commenced within ten years after the assessment becomes delinquent or within ten years after the last installment becomes de- linquent. if the assessment is payable in installments: Provided. That the time during which payment of prin- cipal is deferred as to economically disadvantaged prop- erty owners as provided for in RCW 35.43.250 and m RCW 35.50.030 shall not be a part of the time limited for the commencement of action. [1972 ex.s. c 137 § 5: 1965 c 7 § 35.50.050. Prior: 1911 c 98 § 41; RRS § 9394.] Reviser's e, ote: The amendment to RCW 3550030 by [972 ex.s c 137 § .t (referred to in th~s secnon~ was vetoed and failed to bocome law ,$e~erability 1972 ex.s. c 137: See note followini RCW 3549010. 35.50.220 Procedur: Commencement of acfi~- In foreclosing local improvement assessment liens. a city Local Improvements Foreclost 35.50.250 or town shall proceed by filing a complaint in the supe- rior court of the county in which the city or town is ~o- cated. It shah be sufficient to allege in the compiaint ( 1 ) the passage of the ordinance authorizing the improve- mont, (2) the making of the improvement. (3) the levy- ins of the assessment, (4) the confirmation thereof. (5) the date of delinquency of the installment or restailments of the assessment for the enforcement of which the ac- lion is brought and {6) that they have not been paid prior to delinquency or at all. [1982 c 91 § 2:1965 c 7 § 3550.220. Prior: 1933 c 9 § 2. part: RRS § 9386-1, part.) Severltbilily--19~2 c 91: Sec note following RCV~ J5 50 030 35.50.225 Procedure Form of summons. In fore- closing local improvement assessments. the summons shall be substantially in the following form: SUPERIOR COURT OF FOR ( ......... ] COU".TY ....................... /,il,;,;,?t~l ~,, v .............................. ~SbMMONS FOR FORECLOSLRE OF LOC~,L ZMPRO'~EMENT Defendam} ~SSESSMENT LIEN To the Defendant: A lawsuit has been started against you in the above entitled court by ........... plaintiff. Plaintiffs claim is stated in the written complaint, a copy of which is served upon you with this summons. The purpose of this suit is to Foreclose on >our interest in the Following described property: [legal description) which is located at: [street address] In order to defend against this lawsuit. you must re- spond to the complaint by stating your defense in writ- mS, and by serving a copy upon the person signing this summons within 20 days after the service of this sum- mons, excluding the day of service, or a default judg- ment may be entered against you without notice. A default judgment is one where plaintiff is entitjed to what he asks for because you have not responded. If you serve a notice of appearance on the undersigned person, you are entitled to notice before a default judgment may be entered. IMPORTANT NOTICE If judgment is taken against you, either by default or after hearing by the court, your property will be sold at public auction. You may prevent the sale by paying the amount of the judgment at any time prior to the sale. If your property is sold, you may redeem the property at any time up to two years after the date of the sale, by paying the amount for which the property was sold, plus interest and costs of the sale. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time. q1983Ed.) Dated [1982 c 91 § 6.1 Severabili~ .. [signed] ....................... Print or Type Name ( ) PlaintifF( ) PlaintiFFs Attorney PO. Address ................... Telephone Number ............. - 1982 c 91: See note foliowenS RCW 35.50030 35.50.230 Procedure Parties and property in- cluded. In foreclosing local improvement assessment liens, it is not necessary to bring a separate suit For each of the lots, tracts, or parcels of land or other property or for each separate local improvement district or utility local improvement district. All or any of the tots, tracts. or parcels of land or other property upon which local improvement assessments are delinquent under any and all local improvement assessment rolls in the city or town may be proceeded against in the same action. For all tots. tracts, or parcels which contain a residential structure with an assessed value of at least two thousand dollars, all persons owning or claiming to own the prop- erty shall be made defendants thereto. For all other lots, tracts, or parcels, the persons whose names appear on the assessment roll and property tax rolls as owners of the property charged with the assessments or taxes shall be made defendants thereto. [1983 c 303 § 19; 1982 c 91 § 3:1967 c 52 § 19:1965 c 7 § 35.50.230. Prior: 1933 c 9 § 2, part: RRS § 9386-1, part.] Severability 1983 c 303: See RCW 36.60.905. Severabili~ 1982 c 91: See note followin8 RCW 35.50.030 Co~tnaclicr. SeverabililT 1967 c 52: See notes following RCW 35.43042. 35.50.240 Procedure Pleadings and evidence. In foreclosing local improvement assessment liens. the as- sessment roll and the ordinance confirming it, or dul? authenticated copies thereof shall be prima facie evi- dence of the regularity and legality of the proceedings connected therewith and the burden of proof shall be on the defendants. [1982 c 91 § 4:1965 c 7 § 35.50240. Prior: 1933 c 9 § 2. part: RRS § 9386-1. part.] Se,erability t982 c 9h See note following RCW 35 50.030 35.50.250 Procedure Summons and service. In foreclosing local improvement assessments, if the lot. tract, or parcel contains a residential structure with an assessed value of at least two thousand dollars, the sum- mons shall be served upon the defendants in the manner required by RCW 4.28.080. For all other lots, tracts, or parcels the summons shall be served by either personal service on the defendants or by certified and regular mail. [1983 c 303 § 20; 1982 c 91 § 5; I965 c 7 § 35- .50.250. Prior: 1933 c 9 § 2, part; RRS § 9386-l, part.] Severabilit3, 1983 c 34)3: See RCW 36.60905. Sere'ability 1992 c 91: See note following RCW 3550030 Commencement of acuons: Chapter 4.28 RCW, [Title 35 RC'W.--~ 161] 35.50.264) Title 35 RCW: 35.50,260 Procedure Trial and judgment Notice of ~ak. In foreclosing local improvement assess- ments the action shall be tried to the court without a jury. If the parties interested in any particular lot, tract, or parcel default, the court may enter judgment of fore- closure and sale as to such parties and ]ors, tracts, or parcels and the action may proceed as to the rcmaining defendants and [05, tracts, or parcets. Judgment and or- der of sale may be entered as to any one or more sepa- rate lots, tracts. or parcels involved in the acuon and the court shall retain jurisdiction to others. The Judgment shall specify separatel> the amount of the installments with interest. penalty. and all reasonable costs. including the title searches. chargeable to each lot, tract. or parcel. The judgment shall have the effect of a separate judgment as to each lot. tract. or parcel de- scribed in the judgment. and any appeal shall not invali- date or delay the judgment except as to the property concerning which the appeal is taken. In the judgment the court shall order the lots. tracts. or parcels therein described sold by the cny or town treasurer or by the county sheriff and an order of sale shall issue pursuant thereto for the enforcement of the judgment. In all other respects, the trial. judgment. and appeals to the supreme court or the court of appeals shall be governed by the statutes governing the foreclosure of mortgages on real property. Prior to the sale of the propert.~. if the property is shown on the property tax rolls under unknown owner or if the property contains a residential structure having an assessed value of two thousand dollars or more, the treasurer shall order or conduct a title search of the property to determine the record title holders and all persons claiming a mortgage. deed of trust. or mechan- ic s. laborer's. matermalmen s. or vendor s lien on the property. At least thirty days prior to the sale of the property. a copy of the notice of sale shall be mailed by certified and regular mail to all defendants in the foreclosure ac- ,on as to that parcel. lot. or tract and. if the owner is unknown or the property contains a residential structure having an assessed value of two thousand dollars or more. a copy of the notice of sale shall be mailed by regular and certified mail to any additional record title holders and persons claiming a mortgage, deed of trust. or mechanic's, laborer's, materialmen's. or vendor's lien on the property. in all other respects the procedure for sale shall be conducted in the same manner as property tax sales de- scribed in RCW 84.64,080. {1983 c 303 § 21:1982 c 91 § 7:1971 c 81 § 93; 1965 c 7 § 35.50.260. Prior: 1933 c 9 § 2. part; RRS § 9386-1, part.] Se~lbilily 19S3 e 303: See RCW 36 60905 Seendffilly 19S2 c 91: See note following RCW 3550.030. Foreclosure of t~l ~tate mortB,Igos and personal progerry liens: Chapter 61.12 RCW 35.50.270 Procedure Sate Right of redemp- lion. In foreclosing local improvement assessments. all sales shall be subject to the right of redemption within two years from the date of sale. [1983 c 303 § 22; 1982 [Tifie 35 RCW--p Cities and Towns c 91 § 8; 1965 c 7 § 35.50.270. Prior: 1933 c 9 § 2, part; RRS § 9386-1, part.] Sev~ability 19~3 c 303: See RCW 36.60.905. S~v~'~illl'y 19~2 c 91: See note following RCW 35.50.030. Chapter 35.53 LOCAL IMPROVEMENTS DISPOSITION OF PROPERTY ACQUIRED Sectlofts 3553 010 3553020 35.53030 3553040 35.53050 35.53060 3553070 Property to be heid m trust Taxae, lity. DIscharge of trust. Sale or lease of trust property Termination of trust in certain property. Termination of trust In certain property plaint .~.tlegatlons. Terminauon of trust m certain property erty Parties -Summons. Termanatton of trust an certain property Regulations. Corn- Prop-. Receiver. 35.53.010 Prot~rty to be held in trust Taxabil- ity. Property bid in by the city or town or struck off to it pursuant to proceedings for the foreclosure of local ira- provement assessment liens shall be held in trust by the city or town for the fund of the improvement district or the revenue bond fund into which assessments in utility local improvement districts are pledged to be paid for the benefit of which the property was sold. Any property so held in trust shall be exempt from taxation for gen- eral state. county and municipal purposes during the riod that it is so held. [1967 c 52 § 20:1965 c 7 § 35.53.010. Prior: I933 c 107 § 1. part; 1927 c 275 § 3. part: 191I c 98 § 31. part; RRS § 9383, part.] Cor~trucfic:, SeerabiUty ,1967 c 5/,: See notes following RCW 35 43.042. 35.53.020 Discharge of trust. The city or town may relieve itself of its trust relation to a local improvement district fund or revenue bond fund into which utility 1o- cal improvement assessments are pledged to be paid as to any lot. tract. or parcel of property by paying into the fund the amount of the delinquent assessment for which the property was sold and all accrued interest. together with interest to the time of the next call of bonds or warrants against such fund at the rate provided thereon Upon such payment the city or town shall hold the property discharged of the trust. [1967 c 52 § 2I: 1965 c 7 § 35.53.020. Prior: 1933 c 107 § I. part: 1927 c 275 § 3. part: 1911 c 98 § 31, part: RRS § 9383, part.] Construction S~,erability 1967 c 52: See notes follov, tng RCW 3543042. 35.53.030 Sale or lease of trust prol~rty. A c:ty or town may lease or sell and convey any such property held in trust by it. by virtue of the conveyance thereof to it by a local improvement assessment deed. The sale ma~, be public or private and for such price and upon such terms as may be determined by resolution of the council. any provisions of law. charter, or ordinance to the con- trary notwithstanding. After first reimbursing any funds which may have advanced moneys on account of any lot. (198J