H-1763.1 _______________________________________________
HOUSE BILL 2056
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State of Washington 53rd Legislature 1993 Regular Session
By Representatives Anderson and Grant
Read first time 02/24/93. Referred to Committee on Energy & Utilities.
AN ACT Relating to transmission facilities; and adding a new section to chapter 35.22 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 35.22 RCW to read as follows:
(1) The construction, operation, and maintenance of broadband transmission network facilities in all forms and by every possible means is found and declared to be a public purpose of the highest priority.
(2) First class cities shall have power and authority to participate and enter into agreements for the use or undivided ownership of broadband transmission network facilities and other information transmission facilities, including, but not limited to, transmission networks consisting of fiber optic, coaxial cable, and any other communication cable or wire and combinations thereof, and capable of transmitting data, sound, pictures, and other information in any form; and for the planning, financing, acquisition, construction, operation, and maintenance with: (a) Each other; (b) companies that are subject to the jurisdiction of the Washington utilities and transportation commission or the regulatory commission of any other state, to be called "regulated utilities"; (c) municipal corporations, utility districts, or other political subdivisions in a state; (d) educational institutions; (e) persons and entities authorized to do business in Washington; and (f) the United States or any agency thereof. It shall be provided in the agreements that each city shall use or own a percentage of an information transmission network facility equal to the percentage of the money furnished or the value of property supplied by it for the acquisition and construction of or additions or improvements to the facility and shall own and control a like percentage of the transmission capacity of the facility. A city using or owning common facilities under this section may issue revenue bonds or other obligations to finance the city's share of the use or ownership of the common facilities.
(3) The agreement must provide that each participant shall defray its own interest and other payments required to be made or deposited in connection with financing undertaken by it to pay its percentage of the money furnished or value of property supplied by it for the planning, acquisition, and construction of an information transmission network facility, or additions or betterments. The agreement shall provide a uniform method of determining and allocating operation and maintenance expenses of such a facility.
(4) Each city participating in the ownership, use, or operation of an information transmission network facility shall pay all taxes chargeable to its share of the facility and the use thereof under applicable statutes.
(5) In carrying out the powers granted in this section, each city shall be severally liable only for its own acts and not jointly or severally liable for the acts, omissions, or obligations of others. No money or property supplied by a city for the planning, financing, acquisition, construction, operation, or maintenance of, or addition or improvement to an information transmission network facility shall be credited or otherwise applied to the account of any other participant therein, nor shall the undivided share of a city in a facility be charged, directly or indirectly, with a debt or obligation of any other participant or be subject to a lien as a result thereof. No action in connection with such a facility shall be binding upon a city unless authorized or approved by resolution or ordinance of its governing body.
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