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Chapter 35.43 RCW: LOCAL IMPROVEMENTS—AUTHORITY—INITIATION OF... Page 16 of 22 <br />PROVIDED, That such restraint by protest shall not apply to any of the following local <br />improvements, if the legislative body finds and recites in the ordinance or resolution <br />authorizing the improvement that such improvement is necessary for the protection of the <br />public health and safety and such ordinance or resolution is passed by unanimous vote of all <br />members present: (1) Sanitary sewers or watermains where the health officer of the city or <br />town, or department of ecology, files with the legislative authority a report showing the <br />necessity for such improvement; and (2) fire hydrants where the chief of the fire department <br />files a report showing the necessity for such improvement. <br />[ 1983 c 303 § 3; 1967 c 52 § 8; 1965 c 58 § 2; 1965 c 7 § 35.43.180. Prior: 1963 c 56 § 2; <br />1957 c 144 § 12; prior: 1949 c 28 § 1, part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c <br />135 § 1, part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 § 12, part; Rem. Supp. <br />1949 § 9363, part.] <br />NOTES: <br />Construction—Severability-1967 c 52: See notes following RCW 35.43.042. <br />35.43.182 <br />Waivers of protest—Recording—Limits on enforceability. <br />If an owner of property enters into an agreement with a city or town waiving the property <br />owner's right under RCW 35.43.180 to protest formation of a local improvement district, the <br />agreement must specify the improvements to be financed by the district and shall set forth the <br />effective term of the agreement, which shall not exceed ten years. The agreement must be <br />recorded with the auditor of the county in which the property is located. It is against public <br />policy and void for an owner, by agreement, as a condition imposed in connection with <br />proposed property development, or otherwise, to waive rights to object to the property owner's <br />individual assessment (including the determination of special benefits allocable to the <br />property), or to appeal to the superior court the decision of the city or town council affirming <br />the final assessment roll. <br />[1988c179§8.] <br />NOTES: <br />Severability—Prospective application—Section captions -1988 c 179: See RCW <br />39.92.900 and 39.92.901. <br />35.43.184 <br />Preformation expenditures. <br />The city or town engineer or other designated official may contract with owners of real <br />property to provide for payment by the owners of the cost of the preparation of engineering <br />You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) !9/2017 <br />