H-2765.2 _______________________________________________
HOUSE BILL 2302
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Representatives Rayburn, Foreman, Hansen and Bray
Read first time 01/12/94. Referred to Committee on Agriculture & Rural Development.
AN ACT Relating to irrigation districts; amending RCW 87.03.135; and adding a new section to chapter 87.03 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 87.03.135 and 1975 1st ex.s. c 163 s 1 are each amended to read as follows:
((Any)) An
irrigation district ((shall have)) has the power to sell or lease
((any real estate or)) personal property owned by ((such)) the
district((,)) whenever ((the)) its board of directors ((shall,
by unanimous vote)), by resolution: Determines that ((such))
the property is not necessary or needed for the use of the district;
and authorizes the sale or lease. No sale or lease of such property shall
be made until notice ((thereof shall be)) of the sale or lease is
given by publication at least twenty days before the date of ((said)) the
sale or lease ((of said property)) in ((some)) a newspaper
of general circulation in the county where the property or part ((thereof))
of the property is located((, if there be one, and if there be none,
then)) or, if there is no such newspaper in the county, in ((some))
a newspaper of general circulation published in an adjoining county((,
said)). The publication ((to)) shall be made at least
once a week during three consecutive weeks before the day fixed for ((the))
making ((of such)) the sale or lease((, and)). The
publication shall contain notice of the intention of the board of
directors to make ((such)) the sale or lease and shall
state the time and place at which proposals for ((such)) the sale
or lease will be considered and at which the sale or lease will be made((:
PROVIDED, That the provisions of this section relating to publication of
notice shall not apply when the value of the property to be sold or leased is
less than five hundred dollars)). Any such property so sold or leased
shall be sold or leased to the highest and best bidder. ((The provisions of
this section shall not apply to the sale or lease of lands acquired by an
irrigation district through its purchase of said lands for the nonpayment of
its irrigation assessments.))
The provisions of this section relating to publication of notice shall not apply when the value of the property to be sold or leased is less than five hundred dollars.
NEW SECTION. Sec. 2. A new section is added to chapter 87.03 RCW to read as follows:
An irrigation district has the power to sell or lease real property owned by the district whenever its board of directors, by resolution: Determines that the property is not necessary or needed for the use of the district; and authorizes the sale or lease. Notice of the district's intention to sell or lease the property shall be made by publication at least twenty days before the transaction is executed regarding the property in a newspaper of general circulation in the county where the property or part of the property is located or, if there is no such newspaper in the county, in a newspaper of general circulation published in an adjoining county. The publication shall be made at least once a week during three consecutive weeks. The notice shall state whether the sale or lease will be negotiated by the district or will be awarded by bid.
The district may lease the property from year to year, afford the lessee the option to purchase the property, sell the property on contract for deferred payments, sell the property pursuant to a promissory note secured by a mortgage or deed of trust, or sell the property for cash and conveyance by deed. The appropriate documents shall be executed by the president of the board and acknowledged by the secretary.
The resolution authorizing the sale or lease shall be entered in the minutes of the board and shall fix the price at which the lease, option, or sale may be made. The price shall be not less than the reasonable market value of the property; however, the board may, without consideration, dedicate, grant, or convey district land or easements in district land for highway or public utility purposes that convenience the inhabitants of the district if the board deems that the action will enhance the value of the remaining district land to an extent equal to or greater than the value of the land or easement dedicated, granted, or conveyed.
All sales or leases of irrigation district real property made between June 9, 1988, and the effective date of this section that were made in substantial compliance with the provisions of this section shall be deemed to have been made within the power and authority of the district.
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