_______________________________________________
HOUSE
BILL 2008
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1993 Regular Session
State of Washington 53rd
Legislature 1993 Regular Session
By
Read
first time 02/19/93. Referred to Committee on Local Government.
Affecting withdrawal of territory by special districts.
AN ACT Relating to special districts; amending
RCW 85.22.010 and 85.38.140; adding new sections to chapter 85.38 RCW; and
repealing RCW 85.07.080.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 85.22.010 and 1933 c 182 s 1 are each amended to read as follows:
Any diking district ((organized under the
provisions of chapter CXVII (117) of the Laws of 1895, and the acts amendatory
thereof, which has been reorganized under the provisions of chapter 131 of the
Laws of 1917, and the acts amendatory thereof, and any)); drainage
district ((organized under the provisions of chapter CXV (115) of the Laws
of 1895, and the acts amendatory thereof, whether the same has been organized
as a drainage and irrigation improvement district or as a drainage district,));
irrigation improvement district; intercounty diking and drainage district;
diking, drainage, and/or sewerage improvement district; consolidated diking
district, drainage district, diking improvement district, and/or drainage
improvement district; or flood control district may reorganize as a
drainage and irrigation improvement district or as a diking, drainage and
irrigation improvement district in the manner provided in this chapter.
NEW SECTION. Sec. 2. A
new section is added to chapter 85.38 RCW to read as follows:
A special district may withdraw area from its
boundaries that is located within the boundaries of a city or town, or area
that includes area both within and adjacent to the boundaries of any city or
town, under this section.
(1) The withdrawal of area is authorized upon
the following conditions being met: (a) Adoption of a resolution by the
special district requesting withdrawal of the area from the district; (b)
adoption of a resolution by the city or town council approving the withdrawal
of the special district from the area; (c) assumption by the city or town of
full responsibility for the maintenance, improvements, and collection of
payment for the operation of the system previously operated by the special
district in the area; (d) transfer by the special district of all rights-of-way
or easements in the area to the city or town by quit claim or deed; and (e)
adoption of an interlocal agreement between the special district and the city
or town that reimburses the special district for lost assessment revenue from
the withdrawn area, that transfers any facilities or improvements owned by the
special district to the city or town as agreed between the parties, and that
requires the city or town to maintain existing water run-off and water quality
levels in the area.
(2) Property in the territory withdrawn from
the boundaries of a special district under this section shall remain liable for
any special assessments of the special district from which it was withdrawn, if
the special assessments are associated with bonds or notes used to finance
facilities serving the property, to the same extent as if the withdrawal of
property had not occurred.
Sec. 3.
RCW 85.38.140 and 1985 c 396 s 15 are each amended to read as follows:
The process by which budgets are adopted,
special assessments are measured and imposed, rates and charges are fixed,
and assessment zones are established, as provided in RCW 85.38.140 through
85.38.170, shall constitute an alternative optional method of financing special
districts. A special district in existence prior to July 28, 1985, may conform
with RCW 85.38.140 through 85.38.170 when its governing body adopts a
resolution indicating its intention to conform with such laws. Whenever such a
resolution is adopted, or a new special district is created on or after July
28, 1985, RCW 85.38.140 through 85.38.170 shall be the exclusive method by
which the special district measures and imposes special assessments and adopts
its budget. The governing body of a special district that was created before
July 28, 1985, and which operates under RCW 85.38.140 through 85.38.170, may
adopt a resolution removing the special district from operating under RCW
85.38.140 through 85.38.170, and operate under alternative procedures available
to the special district. A county may charge a special district for costs the
county incurs in establishing a system or systems of assessment for the special
district pursuant to RCW 85.38.140 through 85.38.170.
NEW SECTION. Sec. 4. A
new section is added to chapter 85.38 RCW to read as follows:
Regardless of whether any special assessments have
been or may be imposed on a particular parcel of real property pursuant to this
chapter, in order to implement the authority granted under RCW 85.38.180(3), a
special district may fix rates and charges payable by owners or occupiers of
real estate within the special district. When fixing rates and charges, the
district may consider the degree to which activities on a parcel of real
property, including on-site septic systems, contribute to the problems that the
special district is authorized to address under RCW 85.38.180(3).
NEW SECTION. Sec. 5.
RCW 85.07.080 and 1983 c 167 s 191 and 1935 c 103 s 3 are each repealed.
