S-356 _______________________________________________
SENATE BILL NO. 3800
_______________________________________________
C 469 L 85 PV
State of Washington 49th Legislature 1985 Regular Session
By Senators Granlund, Bailey and Garrett
Read first time 2/6/85 and referred to Committee on Judiciary.
AN ACT Relating to publication; amending RCW 4.28.090, 4.28.110, 8.12.300, 8.12.430, 8.12.460, 12.04.100, 15.28.300, 16.04.050, 17.08.020, 17.08.070, 19.76.100, 25.12.040, 27.40.034, 28B.60.050, 30.44.210, 32.04.040, 35.03.020, 35.07.240, 35.16.020, 35.21.320, 35.21.530, 35.22.060, 35.22.170, 35.23.352, 35.24.220, 35.27.300, 35.33.061, 35.42.080, 35.43.140, 35.44.090, 35.47.010, 35.61.030, 35.61.190, 35.61.260, 35.61.270, 35.70.060, 35.68.030, 35.68.050, 35.70.080, 35.94.020, 35A.09.050, 35A.12.160, 35A.33.060, 36.29.060, 36.34.020, 36.34.090, 36.40.060, 36.40.100, 36.55.040, 36.82.190, 53.20.010, 53.20.050, 53.25.040, 53.25.120, 54.08.010, 56.24.070, 56.24.080, 57.04.030, 57.28.040, 65.12.135, 79.92.090, 80.32.010, 81.64.020, 84.24.030, 85.05.030, 85.05.040, 85.05.072, 85.05.110, 85.05.560, 85.06.030, 85.06.040, 85.06.110, 85.07.020, 85.08.070, 85.15.040, 85.18.040, 85.20.030, 85.20.090, 85.22.030, 85.22.080, 85.24.040, 85.24.070, 85.24.150, 85.32.060, 85.36.010, 86.16.067, 87.03.310, 87.03.430, 87.03.655, 87.03.755, 87.53.080, 87.56.060, 87.56.080, 87.56.130, 88.32.070, 91.08.070, 91.08.310, and 91.08.500; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.22 RCW; adding a new section to chapter 35.30 RCW; and adding a new section to chapter 35A.21 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 8, chapter 127, Laws of 1893 and RCW 4.28.090 are each amended to read as follows:
Whenever
any corporation, created by the laws of this state, or late territory of
Washington, does not have an officer in this state upon whom legal service of
process can be made, an action or proceeding against ((such)) the
corporation may be commenced in any county where the cause of action may arise,
or ((said)) the corporation may have property, and service may be
made upon ((such)) the corporation by depositing a copy of the
summons, writ, or other process, in the office of the secretary of state, which
shall be taken, deemed and treated as personal service on ((such)) the
corporation: PROVIDED, A copy of ((said)) the summons, writ, or
other process, shall be deposited in the post office, postage paid, directed to
the secretary or other proper officer of ((such)) the
corporation, at the place where the main business of ((such)) the
corporation is transacted, when ((such)) the place of business is
known to the plaintiff, and be published at least once a week for six weeks in
((some)) a newspaper ((printed and published)) of
general circulation at the seat of government of this state, before ((such))
the service shall be deemed perfect.
Sec. 2. Section 10, chapter 127, Laws of 1893 as amended by section 2, chapter 86, Laws of 1895 and RCW 4.28.110 are each amended to read as follows:
The
publication shall be made in a newspaper ((printed and published)) of
general circulation in the county where the action is brought (((and if
there be no newspaper in the county, then in a newspaper printed and published
in an adjoining county, and if there is no such newspaper in an adjoining
county, then in a newspaper printed and published at the capital of the state)))
once a week for six consecutive weeks: PROVIDED, That publication of summons
shall not be ((had)) made until after the filing of the
complaint, and the service of the summons shall be deemed complete at the
expiration of the time prescribed for publication ((as aforesaid)). The
summons must be subscribed by the plaintiff or his attorney or attorneys. The
summons shall contain the date of the first publication, and shall require the
defendant or defendants upon whom service by publication is desired, to appear
and answer the complaint within sixty days from the date of the first
publication of ((such)) the summons; and ((said)) the
summons for publication shall also contain a brief statement of the object of
the action. ((Said)) The summons for publication shall be
substantially as follows:
In the superior court of the State of Washington for the county of ..........
!ix
............... , Plaintiff,
!sc ,010vs.!sc ,018No. .....
............... , Defendant.
@bvThe State of Washington to the said (naming the defendant or defendants to be served by publication):
You are hereby summoned to appear within sixty days after the date of the first publication of this summons, to wit, within sixty days after the ..... day of .......... , 1 ..... , and defend the above entitled action in the above entitled court, and answer the complaint of the plaintiff .......... , and serve a copy of your answer upon the undersigned attorneys for plaintiff .......... , at his (or their) office below stated; and in case of your failure so to do, judgment will be rendered against you according to the demand of the complaint, which has been filed with the clerk of said court. (Insert here a brief statement of the object of the action.)
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!tj3!tcPlaintiff's!sc ,1Attorneys.
!tj1!tlP.O. Address!sc ,1@w1
!tj1!tlCounty!sc ,1@w1
!tj3!tcWashington.
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Sec. 3. Section 25, chapter 153, Laws of 1907 and RCW 8.12.300 are each amended to read as follows:
After the
return of such assessment roll, the court shall make an order setting a time
for the hearing thereof before the court, which day shall be at least twenty
days after return of ((such)) the roll. It shall be the duty of
((such)) the commissioners to give notice of ((such)) the
assessment and of the day fixed by the court for the hearing thereof in the
following manner:
(1) They
shall at least twenty days prior to the date fixed for the hearing on ((said))
the roll, mail to each owner of the property assessed, whose name and
address is known to them, a notice substantially in the following form:
"Title
of Cause. To ..... : Pursuant to an order of the superior court of the
State of Washington, in and for the county of .......... , there will be
a hearing in the above entitled cause on .......... at .......... upon the
assessment roll prepared by the commissioners heretofore appointed by said
court to assess the property specially benefited by the (here describe nature
of improvement); and you are hereby required if you desire to make any
objections to ((said)) the assessment roll, to file your
objections to the same before the date herein fixed for the hearing upon ((said))
the roll, a description of your property and the amount assessed against
it for the aforesaid improvement is as follows: (Description of property and
amount assessed against it.)
@bv!ix!tn3
!tj1!tl!ss1@w1
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!tj1!tl!ss1@w1
!tj2!tcCommissioners."
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(2) They
shall cause at least twenty days' notice to be given by posting notice of the
hearing on ((such)) the assessment roll in at least three public
places in ((such)) the city, one of which shall be in the
neighborhood of ((such)) the proposed improvement, and ((when
a daily newspaper is published in such city,)) by publishing the same ((in))
at least ((five successive issues of said paper, or if no daily newspaper is
published in such city and a weekly newspaper is published therein, then in at
least each issue of such weekly newspaper)) for two successive weeks ((or
if no daily or weekly newspaper is published in such city, then)) in ((a))
the official newspaper ((published in the county in which such city
is situated. Such)) of the city. The notice so required to be
posted and published, may be substantially as follows:
"Title
of Cause. Special assessment notice. Notice is hereby given to all persons
interested, that an assessment roll has been filed in the above entitled cause
providing for the assessment upon the property benefited of the cost of (here
insert brief description of improvement) and that ((said)) the
roll has been set down for hearing on the ..... day of ..... at ..... . The
boundaries of ((said)) the assessment district are substantially
as follows: (here insert an approximate description of the assessment
district). All persons desiring to object to ((said)) the
assessment roll are required to file their objections before ((said)) the
date fixed for the hearing upon ((said)) the roll, and appear on
the day fixed for hearing before said court.
@bv!ix!tn3
!tj1!tl!ss1@w1
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!tj2!tcCommissioners."
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Sec. 4. Section 14, chapter 154, Laws of 1915 as amended by section 3, chapter 115, Laws of 1925 ex. sess. and RCW 8.12.430 are each amended to read as follows:
Whenever
the assessment for any such improvement shall be payable in installments, the
owner of any lot, tract, or parcel of land or other property charged with any
such assessment may pay ((such)) the assessment or any portion
thereof, without interest, within thirty days after such notice of ((such))
the assessment.
The city
treasurer shall, as soon as the certified copy of the assessment roll has been
placed in his hands for collection, publish a notice in the official newspaper
of the city for two consecutive daily or two consecutive weekly issues, that
the ((said)) roll is in his hands for collection and that any assessment
thereon or any portion of any such assessment may be paid at any time within
thirty days from the date of the first publication of ((said)) the
notice without penalty, interest or costs, and the unpaid balance, if any, may
be paid in equal annual installments, or any such assessment may be paid at any
time after the first thirty days following the date of the first publication of
((such)) the notice by paying the entire unpaid portion thereof
with all penalties and costs attached, together with all interest thereon to
the date of delinquency of the first installment thereof next falling due.
((Such))
The notice shall further state that the first installment of ((such))
the assessment shall become due and payable during the thirty day period
succeeding a date one year after the date of first publication of ((such))
the notice, and annually thereafter each succeeding installment shall
become due and payable in like manner.
If the
whole or any portion of any assessment remains unpaid after the first thirty
day period herein provided for, interest upon the whole unpaid sum shall be
charged at the bond rate, and each year thereafter one of ((said)) the
installments, together with interest due upon the whole of the unpaid balance,
shall be collected, except that where the assessment is payable in twenty
years, installments of interest only shall be collected for the first ten
years, as provided in RCW 8.12.420.
Any
installment not paid prior to the expiration of the thirty day period during
which ((such)) the installment is due and payable, shall
thereupon become delinquent. All delinquent installments shall be subject to a
charge of five percent penalty levied upon both principal and interest due on
((such)) the installments, and all delinquent installments,
except installments of interest when the assessment is payable in twenty years,
as provided in RCW 8.12.420, shall, until paid, be subject to a charge for
interest at the bond rate.
The bonds
herein provided for shall not be issued prior to twenty days after the
expiration of the thirty days first above mentioned, but may be issued at any
time thereafter. In all cases where any sum is paid as herein provided, the
same shall be paid to the city treasurer, or to the officer whose duty it is to
collect ((said)) the assessments, and all sums so paid shall be
applied solely to the payment of the awards, interest and costs of ((such))
the improvements or the redemption of the bonds issued therefor.
((In case
any city has no official newspaper, any publication required under the
provisions of this chapter may be made in any newspaper of general circulation
published therein, or in case there be no such newspaper, then in a newspaper
published in the county in which such city is located and of general
circulation in such city.))
Sec. 5. Section 18, chapter 154, Laws of 1915 as amended by section 15, chapter 167, Laws of 1983 and RCW 8.12.460 are each amended to read as follows:
The city
treasurer shall pay the interest on the bonds authorized to be issued by this
chapter out of the respective local improvement funds from which they are
payable. Whenever there shall be sufficient money in any local improvement
fund against which bonds have been issued under the provisions of this chapter,
over and above sufficient for the payment of interest on all unpaid bonds, to
pay the principal of one or more bonds, the treasurer shall call in and pay
such bonds. ((Such)) The bonds shall be called in and paid in
their numerical order, commencing with number one. ((Such)) The
call shall be made by publication in the city official newspaper in its first
publication following the delinquency of the installment of the assessment or
as soon thereafter as is practicable, and shall state that bonds No. .....
(giving the serial numbers of the bonds called) will be paid on the day the
next interest payments on ((said)) the bonds shall become due,
and interest on ((said)) the bonds shall cease upon such date((:
PROVIDED, That in any city not having an official newspaper, such publication
may be made in any newspaper of general circulation published therein, or in
case there be no such newspaper, then in a newspaper published in the county in
which such city is located and of general circulation in such city)).
Sec. 6. Section 27, page 337, Laws of 1873 as amended by section 1720, Code of 1881 and RCW 12.04.100 are each amended to read as follows:
In case
personal service cannot be had by reason of the absence of the defendant from
the county in which the action is sought to be commenced, it shall be proper to
publish the summons or notice with a brief statement of the object and prayer
of the claim or complaint, in some ((weekly)) newspaper ((published))
of general circulation in the county wherein the action is commenced((;
or if there is no paper published in such county, then in some newspaper
published in the nearest adjoining county)), which notice shall be
published not less than once a week for three weeks prior to the time fixed for
the hearing of the cause, which shall not be less than four weeks from the
first publication of ((said)) the notice.
((Said))
The notice may be substantially as follows:
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The State of Washington, !tj1!tcü
!tj1!tcý ss.
County of!sc ,001 @w1 !tj1!tc_
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@p0 In justice's court, .......... justice.
To .........................
You are hereby notified that .......... has filed a complaint (or claim as the case may be) against you in said court which will come on to be heard at my office in .......... , in .......... county, state of Washington, on the ..... day of .......... , A.D. 19.. , at the hour of ..... o'clock ..... m., and unless you appear and then and there answer, the same will be taken as confessed and the demand of the plaintiff granted. The object and demand of said claim (or complaint, as the case may be) is (here insert a brief statement).
Complaint filed .......... , A.D. 19.. .
......................... , J. P.
@bv
Sec. 7. Section 15.28.300, chapter 11, Laws of 1961 as amended by section 38, chapter 7, Laws of 1975 1st ex. sess. and RCW 15.28.300 are each amended to read as follows:
Every rule,
regulation, or order promulgated by the commission shall be filed with the
director, and shall be published in a legal ((daily)) newspaper of
general circulation in each of the three districts. All such rules,
regulations, or orders shall become effective pursuant to the provisions of RCW
34.04.040.
Sec. 8. Section 7, chapter 31, Laws of 1893 and RCW 16.04.050 are each amended to read as follows:
If the
owner or keeper of such offending animals is unknown to plaintiff at the
commencement of the action, or if on the trial it appears that the defendant is
not the proper party, defendant, and the proper party is unknown, service of
the summons or notice shall be made by publication, by publishing a copy of the
summons or notice, with a notice attached, stating the object of the action and
giving a description of the animals seized, in a ((weekly)) newspaper ((published
nearest to the residence of)) of general circulation in the area where
the plaintiff((, if there be one published in the county; and if not, by
posting said summons or notice with said notice attached in three public places
in the county, in either case not)) resides less than ten days
previous to the day of trial.
Sec. 9. Section 2, chapter 194, Laws of 1937 as amended by section 3, chapter 169, Laws of 1977 ex. sess. and RCW 17.08.020 are each amended to read as follows:
Upon
petition of registered land owners representing not less than five percent of
the number of farms in the county as shown by the last United States census,
the ((boards of)) county ((commissioners)) legislative
authorities of the respective counties and the director of the state
department of agriculture shall thoroughly investigate, which investigation
shall include a public hearing, notice of which shall be posted under the
direction of the director of the state department of agriculture, in at least five
conspicuous places within the posted area at least fifteen days prior to the
hearing. If ((such)) the investigation shall indicate a need
therefor there shall be created, by a regularly promulgated order, a weed
extermination area or areas, within their counties or within the state of
Washington for the purpose of destroying, preventing, and exterminating any
particular weed, weeds or plants, or all weeds or plants, which are now or may
hereafter be classed by the agricultural experiment station of Washington State
University as noxious or poison weeds or plants detrimental to agriculture or
to livestock, when the ((boards of)) county ((commissioners)) legislative
authorities and the director of the department of agriculture of the state
of Washington find the creation of such an area and the extermination of
noxious or poison weeds or plants growing thereon to be in the interest of the
general public welfare of their respective counties or of the state of
Washington, and when ((such)) the investigation shows that
conditions are such as to prevent the organization of a weed district in the
manner prescribed in RCW 17.04.010 through 17.04.070, 17.04.240 and 17.04.250.
If the ((boards of)) county ((commissioners)) legislative
authorities and the director of the state department of agriculture cannot
agree on the establishment or in other matters pertaining to weed extermination
areas, the decision of the director shall be final. Upon the establishing of
any weed extermination area or areas as provided in this section, the ((boards
of)) county ((commissioners)) legislative authorities and the
director of the state department of agriculture shall cause this fact to be
published once a week for three consecutive weeks in a newspaper ((published
in the county in which such weed extermination area is situated and)) of
general circulation in ((such)) the county in which the weed
extermination area is situated and ((such)) the notice shall
state the boundaries of the weed extermination area so established. A weed
extermination area when established as provided herein shall be maintained as
such for a period of not less than five years. Any weed district organized or
reorganized as provided in RCW 17.04.010 through 17.04.070, 17.04.240 and
17.04.250 is hereby authorized to maintain its status and organization and to
exercise all powers and subject to the limitations granted to it in prior
sections of this chapter, even when part or all of such weed district is also
included in a weed extermination area.
Sec. 10. Section 8, chapter 13, Laws of 1957 and RCW 17.08.070 are each amended to read as follows:
Methods and
rules to be followed in extermination areas may be changed or modified by the
authority setting up the areas whenever in their judgment a change is
justified, practical, and in the interest of the public welfare. Upon the
determination of methods, rules and regulations to be followed in any area, the
boards and the director shall publish ((such)) the methods,
rules, and regulations weekly for three consecutive weeks in a newspaper ((published
in the county in which the area is located and)) of general circulation in
the county.
Sec. 11. Section 1, chapter 38, Laws of 1897 as amended by section 1, chapter 302, Laws of 1981 and RCW 19.76.100 are each amended to read as follows:
All persons
engaged in the manufacture, bottling or selling of ale, porter, lager beer,
soda, mineral water, or other beverages in casks, kegs, bottles or boxes, with
their names or other marks of ownership stamped or marked thereon, may file in
the office of the secretary of state a description of names or marks so used by
them, and ((cause)) publish the same ((to be printed for six
successive weeks)) in a ((weekly newspaper, printed in the English
language, in counties where no daily newspaper is printed or published; and in
counties where a daily newspaper is printed and published, the same shall be
published in a daily)) newspaper of general circulation in the county,
printed in the English language, ((six times)) once a week for
six successive weeks, in counties where ((such)) the articles are
manufactured, bottled or sold.
Sec. 12. Section 25.12.040, chapter 15, Laws of 1955 and RCW 25.12.040 are each amended to read as follows:
((Such))
The partnership cannot commence before the filing of the certificate of
partnership, and if a false statement is made in ((such)) the
certificate, all the persons subscribing thereto are liable as general partners
for all the debts of the partnership. The partners shall, for four consecutive
weeks immediately after the filing of the certificate of partnership, publish a
copy of it in some ((weekly)) newspaper ((published)) of
general circulation in the county where the principal place of business of
the partnership is, ((or if no such paper be published therein, then in some
newspaper of general circulation therein,)) and until ((such)) the
publication is made and completed, the partnership is to be deemed general.
Sec. 13. Section 1, chapter 159, Laws of 1975 1st ex. sess. and RCW 27.40.034 are each amended to read as follows:
The board of regents may provide, by rule or regulation, for:
(1) The
permanent acquisition of documents or materials on loan to the state museum at
the University of Washington, if ((such)) the documents or
materials have not been claimed by the owner thereof within ninety days after
notice is sent by certified mail, return receipt requested, to the owner at his
last known address by the board of regents and if ((such)) the
certified letter be returned because it could not be delivered to the
addressee, public notice shall be published by the University of Washington
once each week during two successive weeks in a ((daily)) newspaper
circulating in the city of Seattle and the county of King describing the
unclaimed documents or materials, giving the name of the reputed owner thereof
and requesting all persons who may have any knowledge of the whereabouts of ((such))
the owner to contact the office of the museum of the University of
Washington: PROVIDED HOWEVER, That more than one item may be described in each
of ((such)) the notices;
(2) The
return to the rightful owner of documents or materials in the possession of the
museum, which documents or materials are determined to have been stolen:
PROVIDED, That any person claiming to be the rightful legal owner of ((such))
the documents or materials who wishes to challenge ((such)) the
determination by ((said)) the board shall have the right to
commence a declaratory judgment action pursuant to chapter 7.24 RCW in the
superior court for King county to determine the validity of his claim of
ownership to ((such)) the documents or materials.
Sec. 14. Section 28B.60.050, chapter 223, Laws of 1969 ex. sess. and RCW 28B.60.050 are each amended to read as follows:
For the
purpose of organizing a development district, a petition, signed by the
required number of holders of title or evidence of title to land within the
proposed district shall be presented to the ((board of)) county ((commissioners))
legislative authority of the county in which the proposed district or
the greater portion thereof, is situated, which petition shall contain the
following:
(1) A
description of the lands to be included in the operation of the district, in
legal subdivisions or fractions thereof, and the name of the county or counties
in which ((said)) the lands are situated.
(2) The
signature and post office address of each petitioner, together with the legal
description of the particular lands within the proposed district owned by ((said))
the respective petitioners.
(3) A general statement of the probable location of the community college facilities, either existing or planned, and a brief outline of the plan of improvements contemplated by the organization of the district.
(4) A statement of the number of directors, either three or five, desired for the administration of the district and of the name by which the petitioners desire the district to be designated.
(5) Any other matter deemed material.
(6) A
prayer requesting the ((board)) county legislative authority to
take the steps necessary to organize the district.
The
petition must be accompanied by a good and sufficient bond, to be approved by
the ((board of)) county ((commissioners)) legislative
authority, in double the amount of the probable cost of organizing the
district, and conditioned that the bondsmen will pay all of the costs in case
((such)) the organization ((shall)) is not ((be
effected. Said)) affected. The petition shall be presented at a
regular meeting of the ((said board)) county legislative authority,
or at any special meeting ordered to consider and act upon ((said)) the
petition, and shall be published at least once a week during the three weeks
(three issues) before the time at which the same is to be presented, in ((some))
a newspaper of general circulation ((printed and published)) in
the county or counties where ((said)) the petition is to be presented,
together with a notice signed by the clerk of the ((board of)) county ((commissioners))
legislative authority stating the time of the meeting at which the same
will be presented. The ((board)) county legislative authority
shall, in addition to publishing as provided herein, cause a copy of the notice
to be mailed to the address for each parcel of property located within the
district as set forth in the property rolls of each county treasurer's office
servicing land within the district. However, failure to receive actual notice
shall not exempt any land or property from being included in the district.
In the
event that the boundaries of the contemplated development district lie within
more than one county, the petition shall be presented in the same manner before
the ((board of)) county ((commissioners)) legislative
authority of each county and the procedures for notice and publication
prescribed for one county shall be followed in each county. However, the time
of hearing shall be arranged so that the members of the county ((commissioners))
legislative authority from the county which has the smallest area of the
proposed district may attend the hearing in the other county, if they should so
desire. The ((said)) notice, together with a map of the district, shall
also be served by registered mail at least thirty days before the ((said))
hearing upon the chief educational officer for community colleges at Olympia,
Washington, who shall, at the expense of the district in case it is later
organized, otherwise at the expense of the petitioners' bondsmen, make ((such))
an investigation of the proposed plans of the community college
development district as he may deem necessary, and file a report of his
findings together with a statement of his costs, with the ((board of))
county ((commissioners)) legislative authority at or prior to the
time or times set for ((said)) the hearing or hearings.
Sec. 15. Section 30.44.210, chapter 33, Laws of 1955 and RCW 30.44.210 are each amended to read as follows:
After the
expiration of two years from the time of mailing the notice, the supervisor
shall mail in a securely closed postpaid registered letter, addressed to ((such))
the person at his last known address, a final notice stating that two
years have elapsed since the sending of the notice referred to in RCW
30.44.200, and that the supervisor will sell all the property or articles of
value set out in the notice, at a specified time and place, not less than
thirty days after the time of mailing ((such)) the final notice.
Unless ((such)) the person shall, on or before the day mentioned,
claim the property, identify himself and offer evidence of his right thereto,
to the satisfaction of the supervisor, the supervisor may sell all the property
or articles of value listed in the notice, at public auction, at the time and
place stated in the final notice: PROVIDED, That a notice of the time and
place of sale has been published once within ten days prior to the sale in a
newspaper ((published)) of general circulation in the county
where the sale is held. Any such property held by the supervisor, the owner of
which is not known, may be sold at public auction after it has been held by the
supervisor for two years, provided, that a notice of the time and place of sale
has been published once within ten days prior to the sale in a newspaper ((published))
of general circulation in the county where the sale is held.
Sec. 16. Section 32.04.040, chapter 13, Laws of 1955 and RCW 32.04.040 are each amended to read as follows:
Any savings
bank may make a written application to the supervisor for leave to change its
place of business to another place in the same county. The application shall
state the reasons for ((such)) the proposed change, and shall be
signed and acknowledged by a majority of its board of trustees. If the
proposed place of business is within the limits of the city or town in which
the present place of business of the savings bank is located, ((such)) the
change may be made upon the written approval of the supervisor; if beyond ((such))
the limits, notice of intention to make ((such)) the
application, signed by two principal officers of the savings bank, shall be
published once a week for two successive weeks immediately preceding ((such))
the application in a ((daily)) newspaper ((published)) of
general circulation in the city of Olympia and shall be published in like
manner in a newspaper to be designated by the supervisor, ((published)) of
general circulation in the county in which the present place of business of
the bank is located. If the supervisor grants his certificate authorizing the
change of location, which in his discretion he may do, the savings bank shall
cause ((such)) the certificate to be published once in each week
for two successive weeks in the newspapers in which the notice of application
was published. When the requirements of this section have been fully complied
with, the savings bank may, upon or after the day specified in the certificate,
remove its property and effects to the location designated therein, and
thereafter its principal place of business shall be the location so specified;
and it shall have all the rights and powers in ((such)) the new
location which it possessed at its former location.
Sec. 17. Section 35.03.020, chapter 7, Laws of 1965 as amended by section 2, chapter 270, Laws of 1969 ex. sess. and RCW 35.03.020 are each amended to read as follows:
A petition
shall first be presented under the provisions of RCW 35.03.005 through
35.03.050 to the county auditor of ((such)) the county, signed by
at least five hundred qualified electors of the county, residents within the
limits of ((such)) the proposed corporation, which petition shall
set forth and particularly describe the proposed boundaries of ((such)) the
corporation, state the name of the proposed corporation, and state the number
of inhabitants therein as nearly as may be, and shall pray that the same may be
incorporated under the provisions of this chapter. The county auditor shall
within thirty days from the time of receiving ((said)) the
petition determine that the legal description of the area proposed to be
incorporated is correct and that there is a sufficient number of valid
signatures. Upon such determination, the county auditor shall transmit ((said))
the petitions accompanied by the certificate of sufficiency to the ((board
of)) county ((commissioners)) legislative authority except
that in counties in which a boundary review board exists under chapter 36.93
RCW, ((said)) the petition and the certificate of sufficiency
shall be transmitted to the boundary review board. If a period of sixty days
shall elapse from the filing of the ((said)) petition with the boundary
review board without ((such)) the board's jurisdiction having
been invoked, as provided in RCW 36.93.100, the proposed incorporation shall be
deemed to have been approved by the board. Upon presentation of ((said))
the petition in counties in which there is no boundary review board, the
((board of)) county ((commissioners)) legislative authority
shall ascertain the number of inhabitants residing within ((said)) the
proposed boundaries. If, in the opinion of the ((board of)) county ((commissioners))
legislative authority, the population within ((such)) the
proposed boundaries can be ascertained from the figures compiled from the last
federal or state census for ((said)) the county, ((such)) those
population figures shall be used, otherwise ((said board of)) the
county ((commissioners)) legislative authority shall make an
enumeration of all persons residing within ((said)) the proposed
boundaries. If the ((board of)) county ((commissioners shall)) legislative
authority ascertains that there are twenty thousand or more
inhabitants within ((said)) the proposed boundaries, ((they))
it shall set a date for hearing on ((said)) the petition,
the same to be published in accordance with the notice required by RCW
29.27.080 prior to ((such)) the hearing in some newspaper ((published
in said)) of general circulation in the county, together with a
notice stating the time and place of the meeting at which ((said)) the
petition will be heard. ((Such)) The hearing may be adjourned
from time to time, not to exceed one month in all, and, on the final hearing,
the ((board of)) county ((commissioners)) legislative
authority shall make such changes in the proposed boundaries as ((they))
it may find to be proper, but may not enlarge the same, nor reduce the
same so that the population therein would be less than twenty thousand inhabitants:
PROVIDED, That if the jurisdiction of the boundary review board has been
invoked and it has approved the proposed incorporation or has modified it so
that the statutory requirements for incorporation have still been satisfied,
then the ((said)) petition shall not be referred to the ((board of))
county ((commissioners)) legislative authority for action and
hearing thereon as provided above. Within thirty days after the conclusion of
the final hearing on the proposed incorporation before a boundary review board,
that board shall file its written decision of approval, modification, or
rejection with the ((board of)) county ((commissioners)) legislative
authority.
Sec. 18. Section 35.07.240, chapter 7, Laws of 1965 and RCW 35.07.240 are each amended to read as follows:
Upon the
filing of a petition for the involuntary dissolution of a town, the superior
court shall enter an order fixing the time for hearing thereon at a date not
less than thirty days from date of filing. The state auditor shall give notice
of ((such)) the hearing by publication in a ((weekly))
newspaper of general circulation in the county, once a week for three
successive ((issues)) weeks, and by posting in three public
places in the town, stating therein the purpose of the petition and the date
and place of hearing thereon.
Sec. 19. Section 35.16.020, chapter 7, Laws of 1965 and RCW 35.16.020 are each amended to read as follows:
Notice of a
special corporate limit reduction election shall be published for at least four
weeks prior to the election in ((a)) the official newspaper ((printed
and published in)) of the city or town. The notice shall distinctly
state the proposition to be submitted, shall designate specifically the area
proposed to be excluded and the boundaries of the city or town as they would be
after the proposed exclusion of territory therefrom and shall require the
voters to cast ballots which contain the words "For reduction of corporate
limits" and "Against reduction of corporate limits" or words
equivalent thereto. This notice shall be in addition to the notice required by
chapter 29.27 RCW.
Sec. 20. Section 35.21.320, chapter 7, Laws of 1965 and RCW 35.21.320 are each amended to read as follows:
All city
and town warrants shall draw interest from and after their presentation to the
treasurer, but no compound interest shall be paid on any warrant directly or
indirectly. The city or town treasurer shall pay all warrants in the order of
their number and date of issue whenever there are sufficient funds in the
treasury applicable to the payment. If five hundred dollars (or any sum less
than five hundred dollars as may be prescribed by ordinance) is accumulated in
any fund having warrants outstanding against it, the city or town treasurer
shall publish a call for warrants to that amount in the next issue of ((a))
the official newspaper ((published in)) of the city or
town (((or posted in three conspicuous places in the municipality if no
newspaper is published therein) describing)). The notice shall describe
the warrants so called by number and specifying the fund upon which they were
drawn: PROVIDED, That no call need be made until the amount accumulated is
equal to the amount due on the warrant longest outstanding: PROVIDED FURTHER,
That no more than two calls shall be made in any one month.
Any city or town treasurer who knowingly fails to call for or pay any warrant in accordance with the provisions of this section shall be fined not less than twenty-five dollars nor more than five hundred dollars and conviction thereof shall be sufficient cause for removal from office.
Sec. 21. Section 35.21.530, chapter 7, Laws of 1965 and RCW 35.21.530 are each amended to read as follows:
When a city
or town codifies its ordinances, it shall file a typewritten or printed copy of
((such)) the codification in the office of the city or town
clerk. After the first reading of the title of the adopting ordinance and of
the title of the code to be adopted thereby, the legislative body of the city
or town shall schedule a public hearing thereon. Notice of the hearing shall
be published once not more than fifteen nor less than ten days prior to the
hearing in the official newspaper of the city ((published in such city or
town)), indicating that its ordinances have been compiled, or codified and
that a copy of such compilation or codification is on file in the city or town
clerk's office for inspection. ((If there is no official newspaper, then
the notice shall be published in some other newspaper published in the city or
town, and if there is no newspaper published in the city or town, then it shall
be published or posted in at least three public places in such city or town as
the city or town legislative body may direct.)) The notice shall state the
time and place of the hearing.
Sec. 22. Section 35.22.060, chapter 7, Laws of 1965 as amended by section 8, chapter 47, Laws of 1965 ex. sess. and RCW 35.22.060 are each amended to read as follows:
The board
of freeholders shall convene within ten days after their election and frame a
charter for the city and within thirty days thereafter, they, or a majority of
them, shall submit the charter to the legislative authority of the city, which,
within five days thereafter, shall cause it to be published in the ((daily
newspaper of largest general circulation published in the city, or if no daily
newspaper is published therein, then it shall be published in the))
newspaper having the largest general circulation within the city at least once
each week for four weeks next preceding the day of submitting the same to the
electors for their approval.
Sec. 23. Section 35.22.170, chapter 7, Laws of 1965 as amended by section 12, chapter 47, Laws of 1965 ex. sess. and RCW 35.22.170 are each amended to read as follows:
The
proposed new, altered or revised charter shall be published in the ((daily
newspaper of largest general circulation published in the city, or if no daily
newspaper is published therein, then it shall be published in the))
newspaper having the largest general circulation within the city at least once
each week for four weeks next preceding the day of submitting the same to the
electors for their approval.
Sec. 24. Section 35.23.352, chapter 7, Laws of 1965 as last amended by section 2, chapter 89, Laws of 1979 ex. sess. and RCW 35.23.352 are each amended to read as follows:
(1) Any
second or third class city or any town may construct any public work or
improvement by contract or day labor without calling for bids therefor whenever
the estimated cost of ((such)) the work or improvement, including
cost of materials, supplies and equipment will not exceed the sum of fifteen
thousand dollars. Whenever the cost of ((such)) the public work
or improvement, including materials, supplies and equipment, will exceed
fifteen thousand dollars, the same shall be done by contract. All such
contracts shall be let at public bidding upon posting notice calling for sealed
bids upon the work. ((Such)) The notice thereof shall be posted
in a public place in the city or town and by publication in the official
newspaper once each week for two consecutive weeks before the date fixed for
opening the bids. The notice shall generally state the nature of the work to
be done that plans and specifications therefor shall then be on file in the
city or town hall for public inspections, and require that bids be sealed and
filed with the council or commission within the time specified therein. Each
bid shall be accompanied by a bid proposal deposit in the form of a cashier's
check, postal money order, or surety bond to the council or commission for a
sum of not less than five percent of the amount of the bid, and no bid shall be
considered unless accompanied by such bid proposal deposit. ((If there is
no official newspaper the notice shall be published in a newspaper published or
of general circulation in the city or town.)) The council or commission of
the city or town shall let the contract to the lowest responsible bidder or
shall have power by resolution to reject any or all bids and to make further
calls for bids in the same manner as the original call. When the contract is
let then all bid proposal deposits shall be returned to the bidders except that
of the successful bidder which shall be retained until a contract is entered
into and a bond to perform the work furnished, with surety satisfactory to the
council or commission, in the full amount of the contract price. If the bidder
fails to enter into the contract in accordance with his bid and furnish ((such))
a bond within ten days from the date at which he is notified that he is
the successful bidder, the check or postal money order and the amount thereof
shall be forfeited to the council or commission or the council or commission
shall recover the amount of the surety bond. If no bid is received on the
first call the council or commission may readvertise and make a second call, or
may enter into a contract without any further call or may purchase the
supplies, material or equipment and perform ((such)) the work or
improvement by day labor.
(2) In addition to the procedures of subsection (1) of this section, a second or third class city or a town may use a small works roster and award contracts under this subsection for contracts of twenty thousand dollars or less.
(a) The city or town may maintain a small works roster comprised of all contractors who have requested to be on the roster and are, where required by law, properly licensed or registered to perform such work in this state.
(b)
Whenever work is done by contract, the estimated cost of which is twenty
thousand dollars or less, and the city uses the small works roster, the city or
town shall invite proposals from all appropriate contractors on the small works
roster: PROVIDED, That whenever possible, the city or town shall invite at
least one proposal from a minority contractor who shall otherwise qualify under
this section. ((Such)) The invitation shall include an estimate
of the scope and nature of the work to be performed, and materials and
equipment to be furnished.
(c) When awarding such a contract for work, the estimated cost of which is twenty thousand dollars or less, the city or town shall award the contract to the contractor submitting the lowest responsible bid.
(3) Any purchase of supplies, material, equipment or services other than professional services, except for public work or improvement, where the cost thereof exceeds two thousand dollars shall be made upon call for bids: PROVIDED, That the limitations herein shall not apply to any purchases of materials at auctions conducted by the government of the United States, any agency thereof or by the state of Washington or a political subdivision thereof.
(4) Bids shall be called annually and at a time and in the manner prescribed by ordinance for the publication in a newspaper published or of general circulation in the city or town of all notices or newspaper publications required by law. The contract shall be awarded to the lowest responsible bidder.
(5) For
advertisement and competitive bidding to be dispensed with as to purchases
between two thousand and four thousand dollars, the city legislative authority
must authorize by resolution a procedure for securing telephone and/or written
quotations from enough vendors to assure establishment of a competitive price
and for awarding ((such)) the contracts for purchase of materials,
equipment, or services to the lowest responsible bidder. Immediately after the
award is made, the bid quotations obtained shall be recorded and open to public
inspection and shall be available by telephone inquiry.
Sec. 25. Section 35.24.220, chapter 7, Laws of 1965 and RCW 35.24.220 are each amended to read as follows:
Every
ordinance of a city of the third class shall be published at least once in ((a
newspaper published in the city, such publication to be made in)) the
city's official newspaper ((if there is one. If there is no official
newspaper or other newspaper published in the city then publication shall be
made by printing and posting the ordinance in at least three public places in
the city in such manner as the city council may direct)).
Sec. 26. Section 35.27.300, chapter 7, Laws of 1965 and RCW 35.27.300 are each amended to read as follows:
Every
ordinance shall be published at least once in ((a)) the official
newspaper ((published in)) of the town ((or, if there is no
such newspaper, it shall be printed and posted in at least three public places
therein)).
Sec. 27. Section 8, chapter 95, Laws of 1969 ex. sess. as amended by section 2, chapter 67, Laws of 1973 and RCW 35.33.061 are each amended to read as follows:
Immediately
following the filing of the preliminary budget with the clerk, the clerk shall
publish a notice once each week for two consecutive weeks stating that the
preliminary budget for the ensuing fiscal year has been filed with the clerk;
that a copy thereof will be furnished to any taxpayer who will call at the
clerk's office therefor and that the legislative body of the city or town will
meet on or before the first Monday of the month next preceding the beginning
of the ensuing fiscal year for the purpose of fixing the final budget,
designating the date, time and place of the legislative budget meeting and that
any taxpayer may appear thereat and be heard for or against any part of the
budget. The publication of ((such)) the notice shall be made in
the official newspaper of the city or town ((if there is one, otherwise in a
newspaper of general circulation in the city or town or if there be no
newspaper of general circulation in the city or town, then by posting in three
public places fixed by ordinance as the official places for posting the city's
or town's official notices)).
Sec. 28. Section 35.42.080, chapter 7, Laws of 1965 and RCW 35.42.080 are each amended to read as follows:
A lease and
lease back agreement requiring a lessee to build on city or town property shall
be made pursuant to a call for bids upon terms most advantageous to the city or
town. The call for bids shall be given by posting notice thereof in a public
place in the city or town and by publication in the official newspaper of the
city or town once each week for two consecutive weeks before the date fixed for
opening the bids. ((If there is no official newspaper, the notice shall be
published in a newspaper of general circulation in the city or town.)) The
city council or commission of the city or town may by resolution reject all
bids and make further calls for bids in the same manner as the original call.
If no bid is received on the first call, the city council or commission may
readvertise and make a second call, or may execute a lease without any further
call for bids.
Sec. 29. Section 35.43.140, chapter 7, Laws of 1965 as amended by section 1, chapter 203, Laws of 1984 and RCW 35.43.140 are each amended to read as follows:
Any local improvement to be paid for in whole or in part by the levy and collection of assessments upon the property within the proposed improvement district may be initiated by a resolution of the city or town council or other legislative authority of the city or town, declaring its intention to order the improvement, setting forth the nature and territorial extent of the improvement and notifying all persons who may desire to object thereto to appear and present their objections at a time to be fixed therein.
In the case of trunk sewers and trunk water mains the resolution must describe the routes along which the trunk sewer, subsewer and branches of trunk water main and laterals are to be constructed.
In case of dikes or other structures to protect the city or town or any part thereof from overflow or to open, deepen, straighten, or enlarge watercourses, waterways and other channels the resolution must set forth the place of commencement and ending thereof and the route to be used.
In the case of auxiliary water systems, or extensions thereof or additions thereto for protection of the city or town or any part thereof from fire, the resolution must set forth the routes along which the auxiliary water system or extensions thereof or additions thereto are to be constructed and specifications of the structures or works necessary thereto or forming a part thereof.
The
resolution shall be published in at least two consecutive issues of the
official newspaper of the city or town, ((or if there is no official
newspaper, in any legal newspaper of general circulation therein;)) the
first publication to be at least fifteen days before the day fixed for the
hearing.
The hearing herein required may be held before the city or town council, or other legislative authority, or before a committee thereof. The legislative authority of a city having a population of fifteen thousand or more may designate an officer to conduct the hearings. The committee or hearing officer shall report recommendations on the resolution to the legislative authority for final action.
Sec. 30. Section 35.44.090, chapter 7, Laws of 1965 and RCW 35.44.090 are each amended to read as follows:
At least
fifteen days before the date fixed for hearing, notice thereof shall be mailed
to the owner or reputed owner of the property whose name appears on the
assessment roll, at the address shown on the tax rolls of the county treasurer
for each item of property described on the list. In addition thereto the
notice shall be published at least five times in ((a daily)) the
official newspaper ((or at least two times in a weekly newspaper)) of
the city or town, the last publication to be at least fifteen days before
the date fixed for hearing.
((If the
city or town has an official newspaper, the notice must be published therein;
otherwise it may be published in any legal newspaper of general circulation in
the city or town.))
Sec. 31. Section 1, chapter 6, Laws of 1965 ex. sess. and RCW 35.47.010 are each amended to read as follows:
Any city or
town having any outstanding and unpaid local improvement bonds or warrants
issued in connection with a local improvement therein to which the local
guaranty fund law is not applicable and that have been delinquent for more than
fifteen years, by ordinance, may direct that the money, if any, remaining in a
given local improvement fund for which no real property is held in trust shall
be distributed by the city or town on a pro rata basis, without any reference
to numerical order, to the holders of outstanding bonds or warrants for each
such fund, excluding the accrued interest thereon. If ((such)) the
outstanding bonds or warrants are not presented for payment within one year
after the last date of publication of notice provided for herein, the money
being held in the local improvement fund of a city or town shall be deemed
abandoned, and shall be transferred to the city or town general fund: PROVIDED,
That ((such)) the city or town shall publish a notice once each
week for two successive weeks in ((a)) the official newspaper ((published
in such)) of the city or town in which it is indicated that L.I.D.
bonds for .......... L.I.D. improvement Nos. ..... to ..... inclusive must be
presented to the city or town for payment not later than one year from this
date or the money being held in the local improvement fund of the city or town
shall be transferred to the city or town general fund.
Sec. 32. Section 35.61.030, chapter 7, Laws of 1965 and RCW 35.61.030 are each amended to read as follows:
In
submitting the ((said)) question to the voters for their approval or
rejection, the city council or commission shall pass an ordinance declaring its
intention to submit the proposition of creating a metropolitan park district to
the qualified voters of the city. The ordinance shall be published once a
week for ((at least five days)) two consecutive weeks in ((a
daily)) the official newspaper ((published in)) of
the city, and the city council or commission shall cause to be placed upon the
ballot for the election, at the proper place, the proposition which shall be
expressed in the following terms:
¨ "For the formation of a metropolitan park district."
¨ "Against the formation of a metropolitan park district."
Sec. 33. Section 35.61.190, chapter 7, Laws of 1965 and RCW 35.61.190 are each amended to read as follows:
Whenever
there is money in the metropolitan park district fund and the commissioners of
the park district deem it advisable to apply any part thereof to the payment of
bonded indebtedness, they shall advertise in a ((daily)) newspaper ((published))
of general circulation within ((said)) the park district
for the presentation to them for payment of as many bonds as they may desire to
pay with the funds on hand, the bonds to be paid in numerical order, beginning
with the lowest number outstanding and called by number.
Thirty days after the first publication of the notice by the board calling in bonds they shall cease to bear interest, and this shall be stated in the notice.
Sec. 34. Section 35.61.260, chapter 7, Laws of 1965 and RCW 35.61.260 are each amended to read as follows:
Upon the
filing of an annexation petition with the board of park commissioners, if the
commissioners concur in the petition, they shall provide for a hearing to be
held for the discussion of the proposed annexation at the office of the board
of park commissioners, and shall give due notice thereof by publication at
least ((five days)) once a week for two consecutive weeks before
the hearing in a ((daily)) newspaper ((published)) of general
circulation in the park district.
Sec. 35. Section 35.61.270, chapter 7, Laws of 1965 and RCW 35.61.270 are each amended to read as follows:
If the park
commissioners concur in the petition, they shall cause the proposal to be
submitted to the electors of ((such)) the territory proposed to
be annexed, at an election to be held in ((such)) the territory,
which shall be called, canvassed and conducted in accordance with the general
election laws. The board of park commissioners by resolution shall fix a time
for the holding of the election to determine the question of annexation, and in
addition to the notice required by RCW 29.27.080 shall give notice thereof by
causing notice to be published ((for five days in five)) once a week
for two consecutive ((issues of)) weeks in a ((daily))
newspaper ((published in said)) of general circulation in the
park district, and by posting notices in five public places within the
territory proposed to be annexed in ((said)) the district.
The ballot
to be used at ((such)) the election shall be in the following
form:
¨ "For annexation to metropolitan park district."
¨ "Against annexation to metropolitan park district."
Sec. 36. Section 35.70.060, chapter 7, Laws of 1965 and RCW 35.70.060 are each amended to read as follows:
The notice shall be served:
(1) By delivering a copy to the owner or reputed owner of each parcel of land affected, or to the authorized agent of the owners, or
(2) By
leaving a copy thereof at the usual place of abode of ((such)) the
owner in the city or town with a person of suitable age and discretion residing
therein, or
(3) If the owner is a nonresident of the city or town and his place of residence is known by mailing a copy to the owner addressed to his last known place of residence, or
(4) If the
place of residence of the owner is unknown or if the owner of any parcel of
land affected is unknown, by publication in ((two weekly issues of)) the
official newspaper of ((such)) the city or town ((or if there
be no official newspaper then in any weekly newspaper published in said city or
town. Such)) once a week for two consecutive weeks. The notice
shall specify a reasonable time within which ((said)) the
sidewalk shall be constructed which in the case of publication of the notice
shall not be less than sixty days from the date of the first publication of
such notice.
Sec. 37. Section 35.68.030, chapter 7, Laws of 1965 and RCW 35.68.030 are each amended to read as follows:
If all or
any portion of the cost is to be assessed against the abutting property owner,
or if the abutting property owner is required to construct the improvement, the
resolution shall fix a time from and after its passage, and a place, for
hearing on the resolution. The resolution shall be published for two
consecutive weeks before the time of hearing in the official newspaper or
regularly published official publication of the city or town and a notice of
the date of ((such)) the hearing shall be given each owner or
reputed owner of the abutting property by mailing to the owner or reputed owner
of the property as shown on the tax rolls of the county treasurer, at the
address shown thereon a notice of the date of hearing, ((such)) the
mailing to be at least ten days before the date fixed for ((such)) the
hearing. ((If there be no official newspaper or official publication in the
city the resolution may be published in any newspaper of general circulation
therein.)) If the publication and mailing is made as herein required,
proof thereof by affidavit shall be filed with the city clerk, comptroller or
auditor of the city before the hearing. The hearing may be postponed from time
to time to a definite date until the hearing is held. At the time of hearing
the council shall hear persons who appear for or against the improvement, and
determine whether it will or will not proceed with the improvement and whether
it will make any changes in the original plan, and what the changes shall be.
This action may be taken by motion adopted in the usual manner.
Sec. 38. Section 35.68.050, chapter 7, Laws of 1965 and RCW 35.68.050 are each amended to read as follows:
Where all
or any portion of the costs are to be assessed against the abutting property,
an assessment roll shall be prepared by the proper city official or by the city
council which shall to the extent necessary be based on benefits and which
shall describe the property assessed, the name of the owner, if known,
otherwise stating that the owner is unknown and fixing the amount of the assessment.
The assessment roll shall be filed with the city clerk, and when so filed the
council shall by resolution fix a date for hearing thereon and direct the clerk
to give notice of ((such)) the hearing and the time and place
thereof. The notice of hearing shall be mailed to the person whose name
appears on the county treasurer's tax roll as the owner or reputed owner of the
property, at the address shown thereon, and shall be published before the date
fixed for the hearing for two consecutive weeks in the official newspaper or
regular official publication of the city((, or if there is no official
newspaper or official publication, in a newspaper of general circulation in the
city)). The notice shall be mailed and first publication made at least ten
days before the hearing date. Proof of mailing and publication shall be made
by affidavit and shall be filed with the city clerk before the date fixed for
the hearing. Following the hearing the city council shall by ordinance affirm,
modify, or reject or order recasting of the assessment roll. An appeal may be
taken to the superior court from the ordinance confirming the assessment roll
in the same manner as is provided for appeals from the assessment roll by
chapters 35.43 to 35.54 RCW, inclusive, as now or hereafter amended.
Sec. 39. Section 35.70.080, chapter 7, Laws of 1965 and RCW 35.70.080 are each amended to read as follows:
Thereupon
the city or town council shall set a date for hearing any protests against the
proposed assessment roll and shall cause a notice of the time and place of ((said))
the hearing to be published once a week for two successive weeks
in the official newspaper of ((said)) the city or town ((or if
there is no official newspaper then in any weekly newspaper published in such
city or town)), the date of ((said)) the hearing to be not
less than thirty days from the date of the first publication of ((said))
the notice. At the hearing or at any adjournment thereof the council by
ordinance shall assess the cost of constructing the sidewalk against the
abutting property in accordance with the benefits thereto.
Sec. 40. Section 35.94.020, chapter 7, Laws of 1965 and RCW 35.94.020 are each amended to read as follows:
The
legislative authority of the city, if it deems it advisable to lease or sell ((such))
the works, plant, or system, or any part thereof, shall adopt a
resolution stating whether it desires to lease or sell. If it desires to
lease, the resolution shall state the general terms and conditions of the
lease, but not the rent. If it desires to sell the general terms of sale shall
be stated, but not the price. The resolution shall direct the city clerk, or
other proper official, to publish the resolution not less than once a week for
four weeks in the official newspaper of the city ((if there is one, or if
not, then in any newspaper published in the city, or if there is none, then in
any newspaper published in the county in which the city is located)),
together with a notice calling for sealed bids to be filed with the clerk or
other proper official not later than a certain time, accompanied by a certified
check payable to the order of the city, for such amount as the resolution shall
require, or a deposit of a like sum in money. Each bid shall state that the
bidder agrees that if his bid is accepted and he fails to comply therewith
within the time hereinafter specified, the check or deposit shall be forfeited
to the city. If bids for a lease are called for, bidders shall bid the amount
to be paid as the rent for each year of the term of the lease. If bids for a
sale are called for, the bids shall state the price offered. The legislative
authority of the city may reject any or all bids and accept any bid which it
deems best. At the first meeting of the legislative authority of the city held
after the expiration of the time fixed for receiving bids, or at some later
meeting, the bids shall be considered. In order for ((such)) the
legislative authority to declare it advisable to accept any bid it shall be
necessary for two-thirds of all the members elected to ((such)) the
legislative authority to vote in favor of a resolution making the declaration.
If the resolution is adopted it shall be necessary, in order that ((such))
the bid be accepted, to enact an ordinance accepting it and directing
the execution of a lease or conveyance by the mayor and city clerk or other
proper official. ((Such)) The ordinance shall not take effect
until it has been submitted to the voters of the city for their approval or
rejection at the next general election or at a special election called for that
purpose, and a majority of the voters voting thereon have approved it. If
approved it shall take effect as soon as the result of the vote is proclaimed
by the mayor. If it is so submitted and fails of approval, it shall be rejected
and annulled. The mayor shall proclaim the vote as soon as it is properly
certified.
Sec. 41. Section 35A.09.050, chapter 119, Laws of 1967 ex. sess. and RCW 35A.09.050 are each amended to read as follows:
The proposed
new, altered, or revised charter shall be published in the ((daily newspaper
of largest general circulation published in the city, or if no daily newspaper
is published therein, then it shall be published in the)) newspaper having
the largest general circulation within the city at least once each week for
four weeks next preceding the day of submitting the same to the electors for
their approval.
Sec. 42. Section 35A.12.160, chapter 119, Laws of 1967 ex. sess. and RCW 35A.12.160 are each amended to read as follows:
Promptly
after adoption, every ordinance shall be published, ((verbatim,)) at
least once in ((a newspaper printed and published within the city, such
publication to be made in)) the city's official newspaper ((if there is
one. If there is no official newspaper or other newspaper printed and
published within the city, then publication shall be made by printing and
posting the ordinance in at least three public places in the city designated by
ordinance as the official posting places for city notices)).
Sec. 43. Section 35A.33.060, chapter 119, Laws of 1967 ex. sess. as amended by section 1, chapter 67, Laws of 1973 and RCW 35A.33.060 are each amended to read as follows:
Immediately
following the filing of the preliminary budget with the clerk, the clerk shall
publish a notice once each week for two consecutive weeks stating that the
preliminary budget for the ensuing fiscal year has been filed with the clerk,
that a copy thereof will be furnished to any taxpayer who will call at the
clerk's office therefor and that the legislative body of the city will meet on
or before the first Monday of the month next preceding the beginning of the
ensuing fiscal year for the purpose of fixing the final budget, designating the
date, time and place of the legislative budget meeting and that any taxpayer
may appear thereat and be heard for or against any part of the budget. The
publication of ((such)) the notice shall be made in the official
newspaper of the city ((if there is one, otherwise in a newspaper of general
circulation in the city or if there be no newspaper of general circulation in
the city, then by posting in three public places fixed by ordinance as the
official places for posting the city's official notices)).
Sec. 44. Section 36.29.060, chapter 4, Laws of 1963 as amended by section 4, chapter 100, Laws of 1980 and RCW 36.29.060 are each amended to read as follows:
Whenever
the county treasurer has in his hands the sum of five hundred dollars belonging
to any fund upon which warrants are outstanding, he shall make a call for ((such))
the warrants to that amount in the order of their issue. The county
treasurer shall either notify all holders of warrants covered by the call or
cause ((such)) the call to be published in some newspaper ((published))
of general circulation in the county in the first issue of ((such))
the newspaper after such sum has been accumulated((, and if there is
no such newspaper, the call shall be posted in three conspicuous places in the
county)). The call shall describe by number the warrants called, and
specify the funds upon which they were drawn: PROVIDED, That the ((board of))
county ((commissioners)) legislative authority may prescribe a
less sum than five hundred dollars, upon the accumulation of which the call
shall be made as to any particular fund: PROVIDED FURTHER, That if the warrant
longest outstanding on any fund exceeds the sum of five hundred dollars, or
exceeds the sum fixed by the ((board of)) county ((commissioners))
legislative authority, no call need be made for warrants on ((such))
the fund until the amount due on ((such)) the warrant has
accumulated. No more than two calls for the redemption of warrants shall be
made by the treasurer in any month. The treasurer shall pay on demand, in the
order of their issue, any warrants when there shall be in the treasury
sufficient funds applicable to such payment.
Sec. 45. Section 36.34.020, chapter 4, Laws of 1963 as amended by section 1, chapter 144, Laws of 1967 ex. sess. and RCW 36.34.020 are each amended to read as follows:
Whenever
the ((board of)) county ((commissioners)) legislative
authority desires to dispose of any county property except:
(1) When selling to a governmental agency;
(2) When personal property to be disposed of is to be traded in upon the purchase of a like article;
(3) When the value of the property to be sold is less than five hundred dollars;
(4) When
the ((board)) county legislative authority by a resolution
setting forth the facts has declared an emergency to exist; it shall publish
notice of its intention so to do once each week during two successive weeks in
((three different)) a legal newspaper((s published)) of
general circulation in the county((, or if there are less than three in
as many legal newspapers as are published in the county)).
Sec. 46. Section 36.34.090, chapter 4, Laws of 1963 and RCW 36.34.090 are each amended to read as follows:
Whenever
county property is to be sold at public auction, the county auditor shall
publish notice thereof once during each of two successive calendar weeks in ((three
different)) a newspaper((s published)) of general
circulation in the county ((or if there are less than three, in as many
newspapers as are published in the county)). Notice thereof must also be
posted in a conspicuous place in the courthouse. The posting and date of first
publication must be at least ten days before the day fixed for the sale.
Sec. 47. Section 36.40.060, chapter 4, Laws of 1963 and RCW 36.40.060 are each amended to read as follows:
The ((board))
county legislative authority shall then publish a notice stating that it
has completed and placed on file its preliminary budget for the county for the
ensuing fiscal year, a copy of which will be furnished any citizen who will
call at its office for it, and that it will meet on the first Monday in October
thereafter for the purpose of fixing the final budget and making tax levies,
designating the time and place of ((such)) the meeting, and that
any taxpayer may appear thereat and be heard for or against any part of the
budget. The notice shall be published once each week for two consecutive weeks
immediately following adoption of the preliminary budget in the official
newspaper of the county((, or if there is none, in a legal newspaper in the
county)). The ((board)) county legislative authority shall
provide a sufficient number of copies of the detailed and comparative
preliminary budget to meet the reasonable demands of taxpayers therefor and the
same shall be available for distribution not later than two weeks immediately
preceding the first Monday in October.
Sec. 48. Section 36.40.100, chapter 4, Laws of 1963 as last amended by section 1, chapter 97, Laws of 1973 and RCW 36.40.100 are each amended to read as follows:
The
estimates of expenditures itemized and classified as required in RCW 36.40.040
and as finally fixed and adopted in detail by the board of county commissioners
shall constitute the appropriations for the county for the ensuing fiscal year;
and every county official shall be limited in the making of expenditures or
the incurring of liabilities to the amount of ((such)) the
detailed appropriation items or classes respectively: PROVIDED, That upon a
resolution formally adopted by the board at a regular or special meeting and
entered upon the minutes, transfers or revisions within departments, or
supplemental appropriations to the budget from unanticipated federal or state
funds may be made: PROVIDED FURTHER, That the board shall publish notice of
the time and date of the meeting at which the supplemental appropriations
resolution will be adopted, and the amount of the appropriation, once each week,
for two consecutive weeks prior to ((such)) the meeting in the
official newspaper of the county ((or if there is none, in a legal newspaper
in the county)).
Sec. 49. Section 36.55.040, chapter 4, Laws of 1963 and RCW 36.55.040 are each amended to read as follows:
On
application being made to the ((board of)) county ((commissioners))
legislative authority for franchise, ((the board)) it
shall fix a time and place for hearing the same, and shall cause the county
auditor to give public notice thereof at the expense of the applicant, by
posting notices in three public places in the county seat of the county at
least fifteen days before the day fixed for the hearing. The ((board)) county
legislative authority shall also publish a like notice two times in ((some
daily)) the official newspaper ((published in)) of the
county, ((or if no daily newspaper is published in the county, then the
newspaper doing the county printing,)) the last publication to be not less
than five days before the day fixed for the hearing. The notice shall state
the name or names of the applicant or applicants, a description of the county
roads by reference to section, township and range in which the county roads or
portions thereof are physically located, to be included in the franchise for
which the application is made, and the time and place fixed for the hearing.
Sec. 50. Section 36.82.190, chapter 4, Laws of 1963 and RCW 36.82.190 are each amended to read as follows:
The ((board))
county legislative authority shall then publish a notice setting day of
hearing for the adoption of the final supplemental budget covering ((such))
the excess funds, designating the time and place of hearing and that
anyone may appear thereat and be heard for or against any part of ((said))
the preliminary supplemental budget. The notice shall be published once
a week for two consecutive weeks immediately following the adoption of the
preliminary supplemental budget in the official newspaper of the county((,
or if there is none, in a newspaper of general circulation in the county)).
The ((board)) county legislative authority shall provide a
sufficient number of copies of the preliminary supplemental budget to meet
reasonable public demands and they shall be available not later than two weeks
immediately preceding the hearing.
Sec. 51. Section 6, chapter 92, Laws of 1911 as last amended by section 3, chapter 166, Laws of 1943 and RCW 53.20.010 are each amended to read as follows:
It shall be
the duty of the port commission of any port district, before creating any
improvements hereunder, to adopt a comprehensive scheme of harbor improvement
in ((such)) the port district, after a public hearing thereon, of
which ((at least ten days')) notice shall be published once a week
for two consecutive weeks in a ((daily)) newspaper of general
circulation in ((such)) the port district, and no expenditure for
the carrying on of any harbor improvements shall be made by ((said)) the
port commission other than the necessary salaries, including engineers,
clerical and office expenses of ((such)) the port
district, and the cost of engineering, surveying, preparation and collection of
data necessary for the making and adoption of a general scheme of harbor
improvements in ((such)) the port district, unless and until ((such))
the comprehensive scheme of harbor improvement has been so officially
adopted by the port commission.
Sec. 52. Section 10, chapter 92, Laws of 1911 and RCW 53.20.050 are each amended to read as follows:
Whenever a
petition signed by one hundred freeholders in the district to be therein
described, shall be filed with the port commission, asking that any portion of
the general plan adopted be ordered, and defining the boundaries of a local
improvement district to be assessed in whole or in part to pay the cost
thereof, it shall be the duty of the port commission to fix a date for hearing
on ((such)) the petition, after which it may alter the boundaries
of ((such)) the proposed district and prepare and adopt detail
plans of any such local improvement, declare the estimated cost thereof, what
proportion of ((such)) the cost shall be borne by ((such))
the proposed local improvement district, and what proportion of the
cost, if any, but in any event not to exceed fifty percent, shall be borne by
the entire port district. At any time within two years thereafter, upon
petition of the owners of a majority of the lands in ((such)) the
proposed local improvement district, fixed by the port commission, as shown in
the office of the auditor of ((such)) the county, asking that ((such))
the improvement be ordered, the port commission shall forthwith by
resolution order ((such)) the improvement, provide the general
funds of the port district to be applied thereto, acquire all lands necessary
therefor, pay all damages caused thereby, and commence in the name of the port
district such eminent domain proceedings and supplemental assessment or
reassessment proceedings to pay all eminent domain awards as may be necessary
to entitle ((said)) the port district to proceed with such work,
and shall thereafter proceed with ((such)) the work, and shall
make and file with the county treasurer its roll levying special assessments in
the amount to be paid by special assessment against the property situated
within ((such)) the local improvement district in proportion to
the special benefits to be derived by the property in ((such)) the
local improvement district from ((such)) the improvement. Before
the approval of ((such)) the roll a notice shall be published ((ten
days)) once a week for two consecutive weeks in one or more ((daily))
newspapers of general circulation in ((such)) the local
improvement district, stating that ((such)) the roll is on file
and open to inspection in the office of the clerk of the port commission, and
fixing a time not less than fifteen nor more than thirty days from the date of
the first publication of ((such)) the notice within which
protests must be filed with the clerk of ((said)) the port
commission against any assessments shown thereon, and fixing a time when a
hearing shall be held by ((said)) the commission on ((said))
the protests. After ((such)) the hearing the port
commission may alter any and all assessments shown on ((such)) the
roll and may then by resolution approve the same, but in the event of any
assessment being raised a new notice similar to ((such)) the
first notice shall be given, after which final approval of ((such)) the
roll may be made by the port commission. Any person feeling aggrieved by any
such assessments shall perfect an appeal to the superior court of ((such))
the county within ten days after ((such)) the approval in
the manner now provided by law for appeals from assessments levied by cities of
the first class in this state. Engineering and office expenses in all cases
shall be borne by the general district.
Sec. 53. Section 4, chapter 73, Laws of 1955 and RCW 53.25.040 are each amended to read as follows:
A port
commission may, after a public hearing thereon, of which at least ten days'
notice shall be published in a ((daily)) newspaper of general
circulation in the port district, create industrial development districts
within the district and define the boundaries thereof, if it finds that the
creation of ((such)) the industrial development district is
proper and desirable in establishing and developing a system of harbor
improvements and industrial development in ((such)) the port
district.
Sec. 54. Section 12, chapter 73, Laws of 1955 as amended by section 1, chapter 138, Laws of 1963 and RCW 53.25.120 are each amended to read as follows:
The port
commission shall give notice of the proposed sale by publication in ((two))
a newspaper((s published)) of general circulation in the
county, ((if there are two such newspapers,)) and by posting in three
public places in the port district at least ten days before the date fixed for
the hearing thereon.
The notice shall describe the property to be sold and state that at the time and place specified therein, the commission will meet at its usual meeting place, designating it, to hear and determine the advisability of the sale.
The hearing shall be held not more than twenty days from the publication of notice. At the hearing the commission shall hear the reasons of any taxpayer in the port district, for or against the sale.
No sales
shall be made, however, of the property of any industrial development district
until the purchaser thereof shall have submitted to the port commission plans
and specifications for the development of ((said)) the property,
and ((said)) the plans and specifications shall be approved in
writing before ((said)) the property shall be conveyed, and the
conditions upon which ((said)) the properties are conveyed shall
be set forth in the instrument conveying title thereof with the further
condition that all of the ((said)) conditions set forth shall be covenants
running with the land. All properties acquired in the manner herein set forth
shall be devoted to the public use herein provided for.
Sec. 55. Section 3, chapter 1, Laws of 1931 as last amended by section 1, chapter 240, Laws of 1979 ex. sess. and RCW 54.08.010 are each amended to read as follows:
At any
general election held in an even-numbered year, the county legislative
authority of any county in this state may, or, on petition of ten percent of
the qualified electors of ((such)) the county based on the total
vote cast in the last general county election held in an even-numbered year,
shall, by resolution, submit to the voters of ((such)) the county
the proposition of creating a public utility district which shall be coextensive
with the limits of ((such)) the county as now or hereafter
established. A form of petition for the creation of a public utility district
shall be submitted to the county auditor within ten months prior to the
election at which ((such)) the proposition is to be submitted to
the voters. Petitions shall be filed with the county auditor not less than
four months before ((such)) the election and the county auditor
shall within thirty days examine the signatures thereof and certify to the
sufficiency or insufficiency thereof. If ((such)) the petition
be found to be insufficient, it shall be returned to the persons filing the
same, who may amend or add names thereto for ten days, when the same shall be
returned to the county auditor, who shall have an additional fifteen days to
examine the same and attach his certificate thereto. No person having signed
((such)) the petition shall be allowed to withdraw his name
therefrom after the filing of the same with the county auditor: PROVIDED, That
each signature shall be dated and that no signature dated prior to the date on
which the form of petition was submitted to the county auditor shall be valid.
Whenever ((such)) the petition shall be certified to as
sufficient, the county auditor shall forthwith transmit the same, together with
his certificate of sufficiency attached thereto, to the county legislative
authority which shall submit ((such)) the proposition to the
voters of ((said)) the county at the next general election in an
even-numbered year occurring forty-five days after submission of the
proposition to ((said)) the legislative authority. The notice of
the election shall state the boundaries of the proposed public utility district
and the object of such election, and shall in other respects conform to the
requirements of the general laws of the state of Washington, governing the time
and manner of holding elections. In submitting the ((said)) question to
the voters for their approval or rejection, the proposition shall be expressed
on ((said)) the ballot substantially in the following terms:
@i6!tp1Public Utility District No. !w× !trYES!sc ,001¨
@i6Public Utility District No. !w× !trNO!sc ,002¨!te
Any
petition for the formation of a public utility district may describe a less
area than the entire county in which the petition is filed, the boundaries of
which shall follow the then existing precinct boundaries and not divide any
voting precinct; and in the event that such a petition is filed the county
legislative authority shall fix a date for a hearing on such petition, and
shall publish the petition, without the signatures thereto appended, for two
weeks prior to the date of the hearing, together with a notice stating the time
of the meeting when ((such)) the petition will be heard. ((Such))
The publication, and all other publications required by this act, shall
be in a newspaper ((published in the proposed or established public utility
district, or, if there be no such newspaper, then in a newspaper published))
of general circulation in the county in which ((such)) the
district is situated((, and of general circulation in such county)).
The hearing on ((such)) the petition may be adjourned from time
to time, not exceeding four weeks in all. If upon the final hearing the county
legislative authority shall find that any lands have been unjustly or
improperly included within the proposed public utility district and will not be
benefited by inclusion therein, it shall change and fix the boundary lines in
such manner as it shall deem reasonable and just and conducive to the public
welfare and convenience, and make and enter an order establishing and defining
the boundary lines of the proposed public utility district: PROVIDED, That no
lands shall be included within the boundaries so fixed lying outside the
boundaries described in the petition, except upon the written request of the
owners of ((such)) those lands. Thereafter the same procedure
shall be followed as prescribed in this chapter for the formation of a public
utility district including an entire county, except that the petition and
election shall be confined solely to the lesser public utility district.
No public utility district created after September 1, 1979, shall include any other public utility district within its boundaries: PROVIDED, That this paragraph shall not alter, amend, or modify provisions of chapter 54.32 RCW.
Sec. 56. Section 1, chapter 11, Laws of 1967 ex. sess. as amended by section 3, chapter 17, Laws of 1982 1st ex. sess. and RCW 56.24.070 are each amended to read as follows:
The
territory adjoining or in close proximity to a district may be annexed to and
become a part of the district in the following manner: Twenty percent of the
number of registered voters residing in the territory proposed to be annexed
who voted at the last election may file a petition with the district
commissioners and cause the question to be submitted to the electors of the
territory whether ((such)) the territory will be annexed and
become a part of the district. If the commissioners concur in the petition,
they shall file it with the county election officer, who shall, within ten
days, examine the signatures thereon and certify to the sufficiency or
insufficiency thereof; and for such purpose the county election officer shall
have access to all registration books in the possession of the officers of any
city or town in the proposed district. If the petition contains a sufficient
number of signatures, the election officer shall transmit it, together with a
certificate of sufficiency attached thereto to the sewer commissioners of the
district. If there are no electors residing in the territory to be annexed,
the petition may be signed by such a number as appear of record to own at least
a majority of the acreage in the territory, and the petition shall disclose the
total number of acres of land in the territory and the names of all record
owners of land therein. If the commissioners are satisfied as to the
sufficiency of the petition and concur therein, they shall send it, together
with their certificate of concurrence attached thereto to the county
legislative authority.
The county
legislative authority, upon receipt of a petition certified to contain a
sufficient number of signatures of electors, or upon receipt of a petition
signed by such a number as own at least a majority of the acreage, together
with a certificate of concurrence signed by the sewer commissioners, at a
regular or special meeting shall cause to be published once a week for
at least two weeks in ((two successive issues of some weekly)) a
newspaper in general circulation throughout the territory proposed to be
annexed a notice that the petition has been filed, stating the time of the
meeting at which it shall be presented, and setting forth the boundaries of the
territory proposed to be annexed.
Sec. 57. Section 2, chapter 11, Laws of 1967 ex. sess. and RCW 56.24.080 are each amended to read as follows:
When ((such))
the petition is presented for hearing, the ((said board of))
county ((commissioners)) legislative authority shall hear the
same or may adjourn ((said)) the hearing from time to time not
exceeding one month in all, and any person, firm or corporation may appear
before the ((board of)) county ((commissioners)) legislative
authority and make objections to the proposed boundary lines or to the
annexation of the territory described in the petition; and upon a final
hearing the ((said board of)) county ((commissioners)) legislative
authority shall make such changes in the proposed boundary lines as ((they))
it deems to be proper and shall establish and define ((such))
the boundaries and shall find whether the proposed annexation of the ((said))
territory as established by the ((said board of)) county ((commissioners))
legislative authority to the ((said)) sewer district will be
conducive to the public health, welfare and convenience and will be of special
benefit to the land included within the boundaries of the territory proposed to
be annexed to the ((said)) sewer district and so established by the ((said
board of)) county ((commissioners)) legislative authority:
PROVIDED, That no lands which will not, in the judgment of ((said board))
the county legislative authority, be benefited by inclusion therein,
shall be included within the boundaries of ((said)) the territory
as so established and defined: PROVIDED FURTHER, That no change shall be made
by the ((said board of)) county ((commissioners)) legislative
authority in the ((said)) boundary lines, including any territory
outside of the boundary lines described in the petition: AND PROVIDED FURTHER,
That no person having signed ((such)) the petition as herein
provided for shall be allowed to withdraw his or her name therefrom
after the filing of the same with the board of sewer commissioners ((to said))
of the sewer district.
Upon the
entry of the findings of the final hearing to the ((said)) petition by
the ((said)) county ((commissioners of such county)) legislative
authority, if ((they)) it finds the ((said))
proposed annexation of the territory to the ((said)) sewer district to
be conducive to the public health, welfare and convenience and to be of special
benefit to the land proposed to be annexed and included within the boundaries
of the district, ((they)) it shall give notice of a special
election to be held within the boundaries of the territory proposed to be
annexed to ((said)) the sewer district for the purpose of
determining whether the same shall be annexed to the ((said)) sewer
district; and ((such)) the notice shall particularly describe
the boundaries established by the ((board of)) county ((commissioners))
legislative authority on its final hearing of the ((said))
petition, and shall state the name of the sewer district to which the ((said))
territory is proposed to be annexed, and the same shall be published once a
week for at least two weeks prior to ((such)) the election in
a ((weekly)) newspaper ((printed and published)) of general
circulation within the county within which ((said)) the
district is located, ((and in case no such newspaper be printed or published
in such county, then in some such newspaper of general circulation therein for
two successive issues thereof,)) and shall be posted for the same period in
at least four public places within the boundaries of the district proposed to
be annexed, which notice shall designate the places within the territory
proposed to be annexed to ((said)) the sewer district where the
said election shall be held, and shall require the voters to cast ballots which
shall contain the words:
For Annexation to Sewer District
or
Against Annexation to Sewer District!ix
The ((said))
county ((commissioners)) legislative authority shall name the
persons to act as judges at such election.
Sec. 58. Section 2, chapter 114, Laws of 1929 as last amended by section 10, chapter 17, Laws of 1982 1st ex. sess. and RCW 57.04.030 are each amended to read as follows:
For the
purpose of formation of water districts, a petition shall be presented to the
county legislative authority of each county in which the proposed water
district is located, which petition shall set forth the object for the creation
of the district, shall designate the boundaries thereof and set forth the
further fact that establishment of the district will be conducive to the public
health, convenience and welfare and will be of benefit to the property included
in the district. The petition shall be signed by at least twenty-five percent
of the qualified electors who shall be qualified electors on the date of filing
the petition, residing within the district described in the petition. The
petition shall be filed with the county election officer of each county in
which the proposed district is located, who shall, within ten days examine and
verify the signatures of the signers residing in the county; and for such
purpose the county election official shall have access to all registration
books in the possession of the officers of any incorporated city or town in
such proposed district. No person having signed such a petition shall be
allowed to withdraw his name from the petition after the filing of the petition
with the county election officer. The petition shall be transmitted to the
election officer of the county in which the largest land area of the district
is located who shall certify to the sufficiency or insufficiency of the number
of signatures. If the petition shall be found to contain a sufficient number
of signatures, the county election officer shall then transmit the same,
together with a certificate of sufficiency attached thereto to the county
legislative authority of each county in which the proposed district is
located. Following receipt of a petition certified to contain a sufficient
number of signatures, at a regular or special meeting the county legislative
authority shall cause to be published once a week for at least two weeks
in ((successive issues of)) one or more ((weekly)) newspapers of
general circulation in the proposed district, a notice that such a petition has
been presented, stating the time of the meeting at which the petition shall be
considered, and setting forth the boundaries of the proposed district. When such
a petition is presented for hearing, each county legislative authority shall
hear the petition or may adjourn the hearing from time to time not exceeding
one month in all. Any person, firm, or corporation may appear before the
county legislative authority and make objections to the establishment of the
district or the proposed boundary lines thereof. Upon a final hearing each
county legislative authority shall make such changes in the proposed boundary
lines within the county as ((they)) it deems to be proper
and shall establish and define ((such)) the boundaries and shall
find whether the proposed water district will be conducive to the public
health, welfare and convenience and be of special benefit to the land included
within the boundaries of the proposed district. No lands which will not, in
the judgment of the county legislative authority, be benefited by inclusion
therein, shall be included within the boundaries of the district. No change
shall be made by the county legislative authority in the boundary lines to
include any territory outside of the boundaries described in the petition,
except that the boundaries of any proposed district may be extended by the
county legislative authority to include other lands in the county upon a
petition signed by the owners of all of the land within the proposed extension.
Sec. 59. Section 4, chapter 55, Laws of 1941 as amended by section 3, chapter 112, Laws of 1951 and RCW 57.28.040 are each amended to read as follows:
Upon receipt
by the commissioners of a petition and certificate of sufficiency of the
auditor, or if the petition is signed by landowners and the commissioners are
satisfied as to the sufficiency of the signatures thereon, they shall at a
regular or special meeting fix a date for hearing on the petition and give
notice that the petition has been filed, stating the time and place of the
meeting of the commissioners at which the petition will be heard and setting
forth the boundaries of the territory proposed to be withdrawn. The notice
shall be published ((for)) at least ((two weeks in)) once a
week for two successive ((issues of a weekly)) weeks in a
newspaper ((printed in the county in which the district is located and))
of general circulation therein, and if no such newspaper is printed in the
county, then in some newspaper of general circulation in the county and
district. Any additional notice of the hearing may be given as the
commissioners may by resolution direct.
Prior to
fixing the time for a hearing on any such petition, the commissioners in their
discretion may require the petitioners to furnish a satisfactory bond
conditioned that the petitioners shall pay all costs incurred by the water
district in connection with ((such)) the petition, including the
cost of an election if one is held pursuant thereto, and should the petitioners
fail or refuse to post such a bond, if one is required by the water
commissioners, then there shall be no duty on the part of the commissioners to
act upon the petition.
Sec. 60. Section 20, chapter 250, Laws of 1907 and RCW 65.12.135 are each amended to read as follows:
The summons
shall be directed to the defendants and require them to appear and answer the
application within twenty days after the service of the summons, exclusive of
the day of service; and ((said)) the summons shall be served as
is now provided for the service of summons in civil actions in the superior
court in this state, except as herein otherwise provided. The summons shall be
served upon nonresident defendants and upon "all such unknown persons or
parties," defendant, by publishing ((said)) the summons in a
newspaper of general circulation ((printed and published)) in the county
where the application is filed, once in each week for three consecutive weeks,
and ((such)) the service by publication shall be deemed complete
at the end of the twenty-first day from and including the first publication,
provided that if any named defendant assents in writing to the registration as
prayed for, which assent shall be endorsed upon the application or filed
therewith and be duly witnessed and acknowledged, then in all such cases no
service of summons upon ((said)) the defendant shall be
necessary.
Sec. 61. Section 77, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.92.090 are each amended to read as follows:
Upon
completion of the valuation of any tract of harbor area applied for under RCW
79.92.080, the department of natural resources shall notify the applicant of
the terms and conditions upon which the re-lease will be granted and of the
rental fixed. ((Such)) The applicant or his successor in
interest shall have the option for the period of sixty days from the date of
the service of ((such)) notice in which to accept a lease on the terms
and conditions and at the rental so fixed and determined by the department. If
((such)) the terms and conditions and rental are accepted a new
lease shall be granted for the term applied for. If ((such)) the
terms and conditions are not accepted by the applicant within ((said)) the
period of time, or within such further time, not exceeding three months, as the
department shall grant, the same shall be deemed rejected by the applicant, and
the department shall give eight weeks' notice by publication once a week
in one or more ((weekly)) newspapers ((printed and)) of general
circulation in the county in which ((such)) the harbor area is ((situate))
located, that a lease of ((such)) the harbor area will be
sold on such terms and conditions and at such rental, at a time and place
specified in ((such)) the notice (which shall not be more than
three months from the date of the first publication of ((said)) the
notice) to the person offering at ((such)) the public sale to pay
the highest sum as a cash bonus at the time of sale of such lease. Notice of
((such)) the sale shall be served upon the applicant at least six
weeks prior to the date thereof. The person paying the highest sum as a cash
bonus shall be entitled to lease ((such)) the harbor area:
PROVIDED, That if ((such)) the lease ((be)) is not
sold at ((such)) the public sale the department may at any time
or times again fix the terms, conditions and rental, and again advertise ((such))
the lease for sale as above provided and upon similar notice: AND
PROVIDED FURTHER, That upon failure to secure any sale of ((such)) the
lease as above prescribed, the department may issue revocable leases without
requirement of improvements for one year periods at a minimum rate of two
percent.
Sec. 62. Section 80.32.010, chapter 14, Laws of 1961 and RCW 80.32.010 are each amended to read as follows:
The
legislative authority of the city or town having control of any public street
or road, or, where ((such)) the street or road is not within the
limits of any incorporated city or town, then the ((board of)) county ((commissioners))
legislative authority of the county wherein ((such)) the
road or street is situated, may grant authority for the construction,
maintenance and operation of transmission lines for transmitting electric
power, together with poles, wires and other appurtenances, upon, over, along
and across any such public street or road, and in granting ((such)) this
authority the legislative authority of ((such)) the city or town,
or the ((board of)) county ((commissioners)) legislative
authority, as the case may be, may prescribe the terms and conditions on
which ((such)) the transmission line and its appurtenances, shall
be constructed, maintained and operated upon, over, along and across ((such))
the road or street, and the grade or elevation at which the same shall
be constructed, maintained and operated: PROVIDED, That on application being
made to the ((board of)) county ((commissioners)) legislative
authority for such authority, the ((board)) county legislative
authority shall fix a time and place for hearing the same, and shall cause
the county auditor to give public notice thereof at the expense of the applicant,
by posting written or printed notices in three public places in the county seat
of the county, and in at least one conspicuous place on the road or street or
part thereof, for which application is made, at least fifteen days before the
day fixed for such hearing, and by publishing a like notice ((three times in
some daily)) once a week for two consecutive weeks in the official
county newspaper ((published in the county, or if no daily newspaper is
published in the county, then the newspaper doing the county printing)),
the last publication to be at least five days before the day fixed for ((such))
the hearing, which notice shall state the name or names of the applicant
or applicants, a description of the roads or streets or parts thereof for which
the application is made, and the time and place fixed for the hearing. ((Such))
The hearing may be adjourned from time to time by order of the ((board))
county legislative authority. If after such hearing the ((board))
county legislative authority shall deem it to be for the public interest
to grant ((such)) the authority in whole or in part, ((the
board)) it may make and enter the proper order granting the
authority applied for or such part thereof as ((the board)) it
deems to be for the public interest, and shall require ((such)) the
transmission line and its appurtenances to be placed in such location on or
along the road or street as ((the board)) it finds will cause the
least interference with other uses of the road or street. In case any such
transmission line is or shall be located in part on private right of way, the
owner thereof shall have the right to construct and operate the same across any
county road or county street which intersects ((such)) the
private right of way, if ((such)) the crossing is so constructed
and maintained as to do no unnecessary damage: PROVIDED, That any person or
corporation constructing ((such)) the crossing or operating ((such))
the transmission line on or along ((such)) the county road
or county street shall be liable to the county for all necessary expense
incurred in restoring ((such)) the county road or county street
to a suitable condition for travel.
Sec. 63. Section 81.64.020, chapter 14, Laws of 1961 and RCW 81.64.020 are each amended to read as follows:
On
application being made to the ((board of)) county ((commissioners))
legislative authority for such authority, the ((board)) county
legislative authority shall fix a time and place for hearing the same, and
shall cause the county auditor to give public notice thereof at the expense of
the applicant, by posting written or printed notices in three public places in
the county seat of the county, and in at least one conspicuous place on the
road or street or part thereof, for which application is made, at least thirty
days before the day fixed for ((such)) the hearing, and by
publishing a like notice ((three times in some daily)) once a week
for two consecutive weeks in the official county newspaper ((published
in the county, or if no daily newspaper is published in the county, then the
newspaper doing the county printing)), the last publication to be at least
five days before the day fixed for ((such)) the hearing, which
notice shall state the name or names of the applicant or applicants, a
description of the roads or streets or parts thereof for which the application
is made, and the time and place fixed for the hearing. ((Such)) The
hearing may be adjourned from time to time by order of the ((board)) county
legislative authority. If, after ((such)) the hearing, the
((board)) county legislative authority shall deem it to be for
the public interest to grant ((such)) the authority in whole or
in part, ((the board)) it may make and enter the proper order
granting the authority applied for or such part thereof as ((the board))
it deems to be for the public interest, and shall require such railroad
or railway and its appurtenances to be placed in such location on or along the
road or street as ((the board)) it finds will cause the least
interference with other uses of the road or street.
Sec. 64. Section 84.24.030, chapter 15, Laws of 1961 as amended by section 185, chapter 278, Laws of 1975 1st ex. sess. and RCW 84.24.030 are each amended to read as follows:
The
department of revenue shall cause a notice, signed by it, to be served upon the
owner in the manner hereinafter provided, which notice shall be addressed to
the owner and also "to all persons known and unknown having or claiming
any interest in the property in this notice described", shall describe ((such))
the property with the same particularity as the same is required by law
to be described upon the assessment rolls, and shall give notice that at a time
to be fixed in ((such)) the notice (which time shall not be less
than ten, nor more than thirty days after the date of the last publication of
((such)) the notice hereinafter provided), ((such)) the
department of revenue will, at its office proceed to reassess and retax ((said))
the property for the particular year or years involved (naming them) and
further giving notice that ((said)) the owner or other interested
persons may appear at the time and place set forth in ((said)) the
notice, and show cause, if any there be, why ((such)) the
reassessment and retaxation should not be made, and make such showing as they
shall desire to make as to the claimed illegality of ((such)) the
tax. ((Such)) The notice shall also be published once a week for
three consecutive weeks in a newspaper ((printed and published and)) of
general circulation in one of the counties in which ((such)) the
property is located. A copy of ((such)) the notice shall also be
mailed not less than ten days prior to the date fixed for ((such)) the
hearing to the prosecuting attorney of each county in which the property is
located.
The notice
referred to in this section shall be served either (1) in the same manner as
personal service of summons in civil actions is made, or (2) by depositing a
true copy thereof in the United States post office at Olympia, Washington,
securely wrapped and plainly addressed to ((such)) the owner at
his last known address. Proof of ((such)) service shall be made by the
affidavit of the person making ((such)) the service.
Sec. 65. Section 3, chapter 117, Laws of 1895 as last amended by section 3, chapter 146, Laws of 1921 and RCW 85.05.030 are each amended to read as follows:
((Said))
The petition shall be presented at a regular or special meeting of the
((board of)) county ((commissioners)) legislative authority
of ((said)) the county, and shall be published once a week
for at least two weeks in ((two successive issues of)) some ((weekly))
newspaper ((printed and published in said)) of general circulation in
the county, ((and in case no such newspaper be printed or published in
such county, then in some such newspaper of general circulation therein,))
before the time at which the same is to be presented, together with a notice
stating the time of the meeting at which the same shall be presented. When ((such))
the petition is presented for hearing, the ((board of)) county ((commissioners))
legislative authority shall hear the same, or may adjourn ((said))
the hearing from time to time, not exceeding one month in all; and any
person or corporation may appear before ((said board of)) the
county ((commissioners)) legislative authority and make
objections to the establishment of ((said)) the district, or the proposed
boundary lines thereof, and upon a final hearing ((said board of county
commissioners)) the county legislative authority shall make such
changes in the proposed boundaries as ((they)) it deems to
be proper, and shall establish and define ((such)) the
boundaries, and shall ascertain and determine the number of acres of land that
will be benefited by ((said)) the proposed system of dikes, and
shall find whether the proposed diking system will be conducive to the public
health, welfare and convenience, increase the public revenue, and be of special
benefit to the majority of the land included within the ((said))
boundaries of ((said)) the proposed district so established by ((said
board of county commissioners)) the county legislative authority:
PROVIDED, That no changes shall be made by ((said board of county
commissioners)) the county legislative authority in ((said)) the
boundary lines to include any territory outside of the boundaries described in
((said)) the petition: PROVIDED FURTHER, That any person or
persons owning land within the proposed boundaries and who did not sign ((said))
the petition, or any person, persons, or corporations owning land not
included within the proposed boundaries, may file a petition with the ((board
of)) county ((commissioners)) legislative authority asking
that the proposed boundaries be extended to include other lands described
therein; setting forth in ((said)) the petition the reason
therefor; but no person, persons, or corporations not owning lands included
within the boundaries, as originally petitioned for, shall have the right to
file such petition unless they ask therein to have their own lands included
within the proposed boundaries: PROVIDED, Any corporation owning land included
within the boundaries described in the original petition, may also petition the
((board of)) county ((commissioners)) legislative authority
for an extension of the proposed boundaries: PROVIDED FURTHER, That the
boundaries of any diking district heretofore or hereafter established may be
extended by the ((board of)) county ((commissioners)) legislative
authority to include other lands in ((said)) the county, upon
petition signed by the owners of a majority of the acreage of said land within
the proposed extension; which ((said)) the petition for extension
shall set forth and contain, with reference to the extension, such matters and
things and data so far as applicable, as is provided for in the petition
required for presentation to the ((board of)) county ((commissioners))
legislative authority for the purpose of the formation of the original
diking district: PROVIDED FURTHER, That all necessary expense incident to
making ((such)) the extension, together with a proportionate
share of the first cost of any system of dikes existing in the original diking
district at the time of making ((such)) the extension, shall be
levied against and apportioned to the land included in ((such)) the
extension, as in this act provided. In such case, the ((board of))
county ((commissioners)) legislative authority shall give like
notice as provided for in this section of the hearing of the original petition,
and the final hearing thereof may, in such case, be continued from time to
time, for a period of not exceeding sixty days; and if, upon final hearing, the
((board of)) county ((commissioners)) legislative authority
deems it advisable and to the best interests of all concerned, ((they))
it may grant the prayer of said petitioners in whole or in part, and ((said
board of county commissioners)) the county legislative authority of
((such)) the county shall enter an order on the records of ((their))
its office setting forth all facts found by ((them)) it
upon the final hearing of ((said)) the petition, and which may be
adduced by ((them)) it from the evidence heard upon the final
hearing thereof.
Sec. 66. Section 4, chapter 117, Laws of 1895 and RCW 85.05.040 are each amended to read as follows:
Upon the
entry of the findings on the final hearing of ((said)) the
petition as set forth in the last preceding section, ((said board of county
commissioners of said)) the county legislative authority of the
county, if ((they)) it finds ((said)) the
proposed system of dikes will be conducive to the public health, welfare and
convenience and will increase the public revenue and be of special benefit to
the majority of the lands included within ((said)) the
boundaries, shall give notice of an election to be held in such proposed diking
district for the purpose of determining whether the same shall be organized
under the provisions of this act as a diking district of the state of
Washington, and for the further purpose of choosing at ((such)) the
election three commissioners who shall be known and designated as "dike
commissioners" for ((said)) the district proposed to be
organized, which ((said)) three commissioners shall, upon their
election, be the district authorities of ((said)) the diking
district; and ((such)) the notice shall particularly describe
the boundaries as established by the ((board of)) county ((commissioners))
legislative authority on its final hearing of ((said)) the
petition, and shall state the name of ((such)) the proposed
diking district and approximately the number of acres of land in ((said))
the district to be benefited thereby, and the same shall be published once
a week for at least two weeks prior to ((such)) the election
in a ((weekly)) newspaper ((printed and published)) of general
circulation within the county within which ((said)) the
district is located, ((and in case no such newspaper be printed or published
in such county, then in some such newspaper of general circulation therein, for
two successive issues thereof,)) and shall be posted for the same period in
at least four public places within the boundaries of ((said)) the
proposed district, which notice shall designate the place within the proposed
district where the ((said)) election shall be held, and require the
voters to cast ballots which shall contain the words "Diking district,
yes," or "Diking district, no," and also the names of the
persons voted for commissioners of ((said)) the diking district.
The ((board of)) county ((commissioners)) legislative
authority shall also appoint two judges, one inspector and two clerks for
((such)) the election, whose compensation shall be the same as in
other elections for the election of county and state officers, and shall be a
charge upon ((said)) the district, in case the same be
established, and shall be paid in the same manner as other expenses are paid
which are incurred in the establishment and construction of ((said)) the
improvement. In case ((said)) the district ((be)) is
not established, then all costs and expenses shall be collectible from the bond
hereinbefore provided for, and any person having a charge against ((said))
the district shall have a right of action thereon.
Sec. 67. Section 3, chapter 153, Laws of 1915 and RCW 85.05.072 are each amended to read as follows:
Notice of
((such)) the hearing shall be given by posting in three public
places within ((such)) the district a true copy of ((said))
the resolution signed by the commissioners of the diking district and
attested with the seal thereof, which notice shall be posted for at least ten
days prior to the day fixed in ((said)) the resolution for ((said))
the hearing. Notice shall also be published at least once in a
newspaper of general circulation in the district at least ten days before the
date of the hearing.
Sec. 68. Section 11, chapter 117, Laws of 1895 as amended by section 56, chapter 292, Laws of 1971 ex. sess. and RCW 85.05.110 are each amended to read as follows:
A summons
stating briefly the objects of the petition and containing a description of the
land, real estate, premises or property sought to be appropriated, and those
which it is claimed will be benefited by ((such)) the
improvement, and stating the court wherein ((said)) the petition
is filed, the date of the filing thereof and when the defendants are required
to appear (which shall be ten days, exclusive of the day of service, if served
within the county in which the petition is pending, and if in any other county,
then twenty days after such service, and if served by publication, then within
thirty days from the date of the first publication), shall be served on each
and every person named therein as owner, encumbrancer, tenant or otherwise
interested therein. ((Said)) The summons must be subscribed by
the commissioners, or their attorney, running in the name of the state of
Washington and directed to the defendants; and service thereof shall be made by
delivering a copy of such summons to each of the persons or parties so named
therein, if a resident of the state, or in case of the absence of such person
or party from his or her usual place of abode, by leaving a copy of ((such))
the notice at his or her usual place of abode; or in case of a foreign
corporation, at its principal place of business in this state with some person
of more than sixteen years of age; in case of domestic corporations ((said))
service shall be made upon the president, secretary or other director or
trustee of ((such)) the corporation; in case of persons under
eighteen years of age, on their guardians, or in case no guardian shall have
been appointed, then on the person who has the care and custody of ((such))
the person; in case of idiots, lunatics or insane persons, on their
guardian, or in case no guardian shall have been appointed, then on the person
in whose care or charge they are found. In case the land, real estate,
premises or other property sought to be appropriated, or which it is claimed
will be benefited by ((such)) the improvement, is state, tide,
school or county land, the summons shall be served on the auditor of the county
in which the land, real estate, premises or other property sought to be
appropriated, or which it is claimed will be benefited, is situated. In all
cases where the owner or person claiming an interest in ((such)) the
real or other property is a nonresident of this state, or where the residence
of ((such)) the owner or person is unknown, and an affidavit of
one or more of the commissioners of ((said)) the district shall
be filed that ((such)) owner or person is a nonresident of this state,
or that after diligent inquiry his residence is unknown or cannot be
ascertained by such deponent, service may be made by publication thereof in a
newspaper ((published)) of general circulation in the county
where such lands are situated once a week for three successive weeks((; and
in case no newspaper is published in such county, then such publication may be
had in a newspaper published in the county nearest to the county in which lies
the land sought to be appropriated, or which it is claimed will be benefited by
said improvement)). ((Such)) The publication shall be deemed
service upon each nonresident person or persons whose residence is unknown. ((Such))
The summons may be served by any competent person eighteen years of age
or over. Due proof of service of ((such)) the summons by
affidavit of the person serving the same, or by the printer's affidavit of
publication, shall be filed with the clerk of ((such)) the court
before the court shall proceed to hear the matter. Want of service of ((such))
the notice shall render the subsequent proceedings void as to the person
not served; but all persons or parties having been served with summons as
herein provided, either by publication or otherwise, shall be bound by the
subsequent proceedings. In all cases not otherwise provided for, service of
notice, order and other papers in the proceeding authorized by this chapter may
be made as the superior court, or the judge thereof, may direct: PROVIDED,
That personal service upon any party outside of this state shall be of like
effect as service by publication.
Sec. 69. Section 1, chapter 43, Laws of 1913 and RCW 85.05.560 are each amended to read as follows:
Any two or
more contiguous diking districts heretofore organized or which may hereafter be
organized under the diking laws of the state of Washington, desiring to
consolidate into one district, may, upon petition signed by the owners of real
property representing a majority of the acreage therein to the commissioners of
their respective districts, effect ((such)) the consolidation by
the commissioners of ((said)) the districts so desiring to
consolidate giving thirty days' notice of an election for ((such)) that
purpose to be held in each of ((said)) the districts, setting
forth in ((said)) the notice the date of ((said)) the
election, and the object of the same, ((said)) the notice to be
given and posted in the same manner as notice of the annual election of
commissioners, as provided in the general diking law, and the further
publication of the same once a week for at least three successive ((issues))
weeks in a ((weekly)) newspaper ((published in the county in
which such districts are located, and)) of general circulation in ((said))
the districts((: PROVIDED, That where there is no newspaper so
published and circulated, the publication of the notice of said election may be
dispensed with)).
Sec. 70. Section 3, chapter 115, Laws of 1895 as last amended by section 2, chapter 86, Laws of 1913 and RCW 85.06.030 are each amended to read as follows:
Such
petition shall be presented at a regular or special meeting of the ((board
of)) county ((commissioners)) legislative authority of ((said))
the county, and shall be published once a week for at least two
weeks in ((two successive issues of some weekly newspaper printed and
published in said county, and in case no such newspaper be printed or published
in such county, then in some such)) a newspaper of general
circulation ((therein)) in the county, before the time at which
the same is to be presented, together with a notice stating the time of the
meeting at which the same shall be presented. When ((such)) the
petition is presented for hearing the ((board of)) county ((commissioners))
legislative authority shall hear the same, or may adjourn ((said))
the hearing from time to time, not exceeding one month in all; and any
person or corporation may appear before ((said board of)) the county
((commissioners)) legislative authority and make objections to
the establishment of ((said)) the district, or the proposed
boundary lines thereof, and upon final hearing ((said board of)) the
county ((commissioners)) legislative authority shall make such
changes in the proposed boundaries as they may deem to be proper, and shall
establish and define ((such)) the boundaries, and shall
ascertain and determine the number of acres of land that will be benefited by
((said)) the proposed drainage system, the number of freeholders
residing within ((said)) the boundaries of the ((said))
proposed district, and shall find whether the proposed drainage system will be
conducive to the public health, welfare and convenience, increase the public
revenue, and be of special benefit to the majority of the lands included within
((said)) the boundaries of the ((said)) proposed district
so established by ((said board of)) the county ((commissioners))
legislative authority: PROVIDED, That no changes shall be made by ((said
board of)) the county ((commissioners)) legislative
authority in ((said)) the boundary lines so as to include any
territory outside the boundaries described in ((said)) the
petition: PROVIDED, FURTHER, That any person or persons owning land within the
proposed boundaries, and who did not sign ((said)) the petition,
or any person, persons or corporations owning land not included within the
proposed boundaries, may file a petition with the ((board of)) county ((commissioners))
legislative authority asking that the proposed boundaries be extended so
as to include other lands described therein; setting forth in ((said)) the
petition the reasons therefor: PROVIDED, HOWEVER, That no person, persons or
corporations not owning lands included within the proposed boundaries, as
originally petitioned for, shall have the right to file ((such)) the
petition unless they ask therein to have their own lands included within the
proposed boundaries: PROVIDED, FURTHER, That any corporation owning land
included within the boundaries described in the original petition, may also
petition the ((board of)) county ((commissioners)) legislative
authority for an extension of the proposed boundaries: PROVIDED, FURTHER,
That the boundaries of any drainage district heretofore or hereafter
established may be extended by the ((board of)) county ((commissioners))
legislative authority so as to include other lands in ((said)) the
county upon petition signed by the owners of a majority of the acreage of ((said))
the land within the proposed extension; which ((said)) the
petition for extension shall set forth and contain with reference to the
extension such matters and things and data so far as applicable, as is provided
for in the petition required for presentation to the ((board of)) county
((commissioners)) legislative authority for the purpose of the
formation of the original drainage district: PROVIDED, FURTHER, That all
necessary expense incident to making ((such)) the extension,
together with a proportionate share of the first cost of any drainage system
existing in the original district at the time of making ((such)) the
extensions, shall be levied against and apportioned to the lands included in
such extension, as in this chapter provided. In such case the ((board of))
county ((commissioners)) legislative authority shall give the
like notice as provided for in this section of the hearing of the original
petition, and the final hearing thereof may, in such case, be continued from
time to time for a period not exceeding sixty days, and if upon final hearing
the ((board of)) county ((commissioners)) legislative
authority deems it advisable, and to the best interest of all
concerned, ((they)) it may grant the prayer of ((such)) the
petitioner or petitioners in whole or in part. ((And said board of)) The
county ((commissioners)) legislative authority of ((such))
the county shall enter an order on the records of ((their)) its
office setting forth all facts found by ((them)) it upon the
final hearing of ((said)) the petition, and which may be adduced
by ((them)) it from the evidence heard on the final hearing
thereof: AND PROVIDED FURTHER, That any drainage system constructed in the
original drainage district may be extended into the ((said)) extension
by the board of drainage commissioners of ((said)) the drainage
district, in the same manner, and by the same method of procedure as is
provided by law for the construction of ((said)) the drainage
system within the ((said)) original drainage district.
Sec. 71. Section 4, chapter 115, Laws of 1895 and RCW 85.06.040 are each amended to read as follows:
Upon the
entry of the findings on the final hearing of ((said)) the
petition as set forth in the last preceding section, ((said board of county
commissioners)) the county legislative authority of ((said)) the
county, if ((they)) it finds ((said)) the
proposed drainage system will be conducive to the public health, welfare and
convenience, and will increase the public revenue and be of special benefit to
the majority of the lands included within ((said)) the
boundaries, shall give notice of an election to be held in ((such)) the
proposed drainage district for the purpose of determining whether the same
shall be organized under the provisions of this chapter as a drainage district
of the state of Washington, and for the further purpose of choosing at such
election three commissioners who shall be known and designated as "drainage
commissioners" for ((said)) the district proposed to be
organized, which ((said)) the three commissioners shall, upon
their election, be the district authorities of ((said)) the
drainage district; and such notice shall particularly describe the boundaries
as established by the ((board of)) county ((commissioners)) legislative
authority on its final hearing of ((said)) the petition, and
shall state the name of ((such)) the proposed drainage district
and approximately the number of acres of land in ((said)) the
district to be benefited thereby, and the same shall be published ((for))
at least once a week for two successive weeks ((prior to such
election)) in a ((weekly newspaper printed and published within the
county within which said district is located, and in case no such newspaper be
printed or published therein, then in some such)) newspaper of general
circulation ((therein, for two successive issues thereof)) in the
proposed district, and shall be posted for the same period in at least four
public places within the boundaries of ((said)) the proposed
district; ((such)) the notice shall designate the place within
the proposed district where the election shall be held, and require the voters
to cast ballots which shall contain the words "drainage district,
yes," or "drainage district, no," and also the names of ((persons
voted for)) candidates for commissioners of ((said)) the
drainage district. The ((board of)) county ((commissioners)) legislative
authority shall also appoint two judges, one inspector and two clerks for
((such)) the election, whose compensation shall be the same as in
other elections for the election of county and state officers and shall be a
charge upon ((said)) the district, in case the same be
established, and shall be paid in the same manner as other expenses are paid
which are incurred in the establishment and construction of ((said)) the
improvement. In case ((said)) the district ((be)) is
not established, then all costs and expenses shall be collectible from the bond
hereinbefore provided for, and any person having a charge against ((said))
the district shall have a right of action thereon.
Sec. 72. Section 11, chapter 115, Laws of 1895 as last amended by section 74, chapter 80, Laws of 1977 ex. sess. and RCW 85.06.110 are each amended to read as follows:
A summons
stating briefly the objects of the petition and containing a description of the
land, real estate, premises or property sought to be appropriated, and those
which it is claimed to be benefited by ((such)) the improvement,
and stating the court wherein ((said)) the petition is filed, the
date of the filing thereof and when the defendants are required to appear
(which shall be ten days, exclusive of the day of service, if served within the
county in which the petition is pending, and if in any other county, then
twenty days after such service, and if served by publication, then within thirty
days from the date of the first publication), shall be served on each and every
person named therein as owner, encumbrancer, tenant or otherwise interested
therein. ((Said)) The summons must be subscribed by the
commissioners, or their attorney, running in the name of the state of
Washington and directed to the defendants; and service thereof shall be made by
delivering a copy of such summons to each of the persons or parties so named
therein, if a resident of the state, or in case of the absence of ((such))
that person or party from his or her usual place of abode, by leaving a
copy of ((such)) the notice at his or her usual place of abode,
or in case of a foreign corporation, at its principal place of business in this
state with some person of more than sixteen years of age; in case of domestic
corporations, ((said)) the service shall be made upon the
president, secretary or other director or trustee of ((such)) the
corporation; in case of persons under eighteen years of age, on their
guardians; or in case no guardian shall have been appointed, then on the person
who has the care and custody of ((such)) the person; in the case
of mentally ill or mentally incompetent persons, on their guardian or limited
guardian; or in case no guardian or limited guardian shall have been appointed,
then on ((such)) the person and on the person in whose care or
charge ((such)) the person is found. In case the land, real
estate, premises or other property sought to be appropriated, or which it is
claimed will be benefited by such improvement, is state, tide, school or county
land, the summons shall be served on the auditor of the county in which the
land, real estate, premises or other property sought to be appropriated, or
which it is claimed will be benefited, is situated. In all cases where the
owner or person claiming an interest in ((such)) the real or
other property is a nonresident of this state, or where the residence of ((such))
the owner or person is unknown, and an affidavit of one or more of the
commissioners of ((said)) the district shall be filed that ((such))
the owner or person is a nonresident of this state, or that after
diligent inquiry his residence is unknown or cannot be ascertained by ((such))
the deponent, service may be made by publication thereof in a newspaper
((published)) of general circulation in the county where ((such))
the lands are situated, once a week for three successive weeks((; and
in case no newspaper is published in such county, then such publication may be
had in a newspaper published in the county nearest to the county in which lies
the land sought to be appropriated, or which it is claimed will be benefited by
said improvement)). ((Such)) The publication shall be deemed
service upon each nonresident person or persons whose residence is unknown. ((Such))
The summons may be served by any competent person eighteen years of age
or over. Due proof of service of ((such)) the summons by
affidavit or publication shall be filed with the clerk of ((such)) the
court before the court shall proceed to hear the matter. Want of service of ((such))
notice shall render the subsequent proceedings void as to the person not
served; but all persons or parties having been served with summons as herein
provided, either by publication or otherwise, shall be bound by the subsequent
proceedings. In all cases not otherwise provided for service of notice, order
and other papers in the proceedings authorized by this chapter may be made as
the superior court, or the judge thereof, may direct: PROVIDED, That personal
service upon any party outside of the state shall be of like effect as service
by publication.
Sec. 73. Section 1, chapter 165, Laws of 1907 as amended by section 1, chapter 14, Laws of 1915 and RCW 85.07.020 are each amended to read as follows:
Any
drainage district or diking district in the state of Washington may be
dissolved by order of the superior court of the county wherein the same is
organized, upon a hearing had upon a verified petition praying for ((such))
the dissolution, signed by not less than two-thirds of the adult
landowners of such district, who own in the aggregate not less than
three-fourths in area of the land contained in ((said)) the
district, when it shall be determined by the court, that not less than four
weeks' notice of ((such)) the hearing has been given by posting
notices in five of the most public places of the district sought to be
dissolved, and by the insertion in a ((weekly)) newspaper of ((such))
general circulation in the county once a week for four successive
weeks next prior to ((such)) the hearing, and the costs of
dissolution have been advanced and that it is for the best interest of the
landowners in ((said)) the district that ((the same)) it
be dissolved: PROVIDED, The ditches, drains, dikes and other improvements of
dissolved districts, shall be and remain for the common use of the landowners
in ((said)) the district so dissolved.
Sec. 74. Section 6, chapter 209, Laws of 1959 and RCW 85.08.070 are each amended to read as follows:
The board
shall send a copy of ((such)) the petition or resolution to the
state director, and ask for an estimate of the total cost of the survey,
investigation, and report, which he may make and file with the board. It
shall, by resolution, fix the time and place of a hearing on the petition or
resolution and report, and shall give notice thereof by posting a copy in a
conspicuous place in each voting precinct or fraction thereof in the area, and
by publishing a copy once a week for three successive ((weekly issues))
weeks in a newspaper of general circulation in the area; the posting and
the first publication to be at least thirty days before the hearing. The
notice shall contain a copy of the petition or resolution and of the estimate
of expense, the time and place of hearing, state that the expense of the survey
and investigation contemplated in the petition or resolution will be charged
against the lands described therein and require everyone interested to appear
at such time and place and show cause in writing, if any he has, why the prayer
of the petition or resolution should not be granted.
Sec. 75. Section 5, chapter 184, Laws of 1967 and RCW 85.15.040 are each amended to read as follows:
When a
property roll is filed with the ((board of)) county ((commissioners))
legislative authority, the ((board)) county legislative
authority shall hold a public hearing to determine whether the facts and
conditions heretofore recited in this chapter as a prerequisite to its
application do or do not exist, and shall give notice of hearing as follows:
The notice
shall be published at least ((three times in consecutive issues in a weekly
newspaper, or)) once a week for three consecutive weeks in a ((daily))
newspaper((, published in or near said district, and if there is more than
one such paper, then in some paper chosen by the board of county commissioners))
having general circulation in the area involved. The last publication shall be
more than fifteen days prior to date of hearing.
Sec. 76. Section 5, chapter 45, Laws of 1951 and RCW 85.18.040 are each amended to read as follows:
The notice
of the time and place of hearing shall be given to any owner, or reputed owner,
of the property which is listed on the roll as aforesaid, by mailing a copy
thereof at least thirty days before the date fixed for the hearing to ((such))
the owner or owners at his or their address as shown on the tax rolls of
the county treasurer for the property described. In addition thereto, ((such))
the notice shall be published at least ((three times in the daily or
weekly)) once a week for three consecutive weeks in a newspaper ((published
in or nearest to said district, and if there be more than one such, then the
newspaper of the choice of said board of commissioners)) of general
circulation in the district. At least fifteen days must elapse between the
last date of publication thereof and the date fixed for ((such)) the
hearing.
Sec. 77. Section 3, chapter 131, Laws of 1917 and RCW 85.20.030 are each amended to read as follows:
Whenever a
petition is presented as provided in RCW 85.20.020, the clerk of the ((board
of)) county ((commissioners)) legislative authority shall
give notice of an election to be held on a day, and at a place within the
district, to be fixed in ((such)) the notice, at which the
electors of the district shall vote for or against the reorganization of the
district so petitioning as a drainage or a diking improvement district. The
notice shall state the number of the district so petitioning to reorganize, the
place where and the time when the election is to be held, and shall require the
voters to cast ballots which shall contain the words "Reorganization,
Yes", or "Reorganization, No". ((Such))The notice
shall be posted for at least twenty days prior to the date fixed for the
election in four of the public places in the district((;)) and ((if
the board of county commissioners shall so direct,)) shall be published
once a week for four successive weeks in some newspaper ((published)) of
general circulation in the county, the last publication of which shall be
not less than ten days prior to the day fixed for such election.
Sec. 78. Section 8, chapter 131, Laws of 1917 and RCW 85.20.090 are each amended to read as follows:
Upon the
preparation of the roll and the adoption of the resolution, the clerk of the ((board))
county legislative authority shall cause to be published in some
newspaper ((published in the county and)) of general circulation ((therein))
in the county, a notice containing a copy of the resolution and stating
that on the date fixed therein for the hearing the board will meet and hear any
objection offered to the proposed levy of the assessment or to the issuance of
refunding bonds or to the assessment roll or any assessment therein contained;
and stating that all persons interested may file any objections they may have
to the proposed levy or issuance of bonds or the assessment roll with the ((board
of commissioners)) county legislative authority prior to the date
fixed for ((such)) the hearing. The last publication of ((such))
the notice shall not be less than ten days prior to the date fixed for
such hearing.
Sec. 79. Section 3, chapter 182, Laws of 1933 and RCW 85.22.030 are each amended to read as follows:
Whenever a
petition is presented as provided in RCW 85.22.020, the clerk of the ((board
of)) county ((commissioners)) legislative authority shall
give notice of an election to be held on a day, and at a place within the
district, to be fixed in ((such)) the notice, at which the
electors of the district shall vote for or against the reorganization of the
district so petitioning as a drainage and irrigation improvement district or
diking, drainage and irrigation improvement district. The notice shall state
the number of the district so petitioning to reorganize, the place where and
the time when the election is to be held, and shall require the voters to cast
ballots which shall contain the words "Reorganization, Yes", or
"Reorganization, No". ((Such)) The notice shall be
posted for at least twenty days prior to the date fixed for the election in
four of the public places of said district((;)) and ((if the board of
county commissioners shall so direct,)) shall be published once a week for
four successive weeks in ((some)) a newspaper ((published))
of general circulation in the county, the last publication of which
shall be not less than ten days prior to the day fixed for ((such)) the
election.
Sec. 80. Section 8, chapter 182, Laws of 1933 and RCW 85.22.080 are each amended to read as follows:
Upon the
preparation of the roll and the adoption of the resolution, the clerk of the ((board))
county legislative authority shall cause to be published in some
newspaper ((published in the county and)) of general circulation ((therein))
in the county, a notice containing a copy of the resolution and stating
that on the date fixed therein for the hearing the ((board)) county
legislative authority will meet and hear any objection offered to the
proposed levy of the assessment roll or any assessment therein contained; and
stating that all persons interested may file any objections that they may have
to the proposed levy or issuance of bonds or the assessment roll with the ((board
of commissioners)) county legislative authority prior to the date
fixed for ((such)) the hearing. The last publication of ((such))
the notice shall not be less than ten days prior to the date fixed for
such hearing.
Sec. 81. Section 4, chapter 225, Laws of 1909 as amended by section 3, chapter 140, Laws of 1923 and RCW 85.24.040 are each amended to read as follows:
Upon the
establishment of a district ((as aforesaid)), the ((said)) body
shall give notice of an election to be held in the diking and drainage district
established((, as aforesaid,)) for the purpose of determining whether
the same shall be approved and become an organized diking and drainage
district, and for the further purpose of choosing at ((such)) the
election three commissioners, who shall be known and designated as
"Commissioners for diking and drainage district No. ..... (here insert
number), in .......... and .......... counties (here insert names of counties),
state of Washington", and such notice shall particularly describe the
boundaries as established, and shall state the name of ((such)) the
proposed diking and drainage district, and the same shall be published ((for))
at least ((two weeks prior to such election in two or more weekly newspapers
published within the proposed district, and in case no such newspaper be
published in such district, then)) once a week in two or more
newspapers of general circulation in such district for two successive ((issues))
weeks; and shall be posted for the same period in at least ten public
places within the boundaries of ((such)) the proposed district,
which notice shall designate the places within the proposed district where the
((said)) election shall be held, and require the voters to cast ballots
which shall contain the words "Diking and drainage district 'yes'",
or "Diking and drainage district 'no'", and also the names of the
persons voted for as commissioners of such district. The voting places shall
be designated by ((such)) the body; ((said)) the
body shall also appoint two judges, one inspector and two clerks for ((such))
the election, to act at each polling place, whose compensation shall be
the same as in elections for county and state officers, and which shall be a
charge upon ((such)) the district in case the same ((be)) is
established; in case such district ((be)) is not established,
then all costs and expenses shall be collected from the bond hereinbefore
provided for. The election shall be held on the day designated in the notice,
and shall be conducted in accordance with the general election laws of the
state of Washington, as far as applicable. The returns of all the elections
hereunder shall be made by the judges of election to the ((commissioner of
public lands)) department of natural resources. No person shall be
entitled to vote at ((such)) the election unless he ((be))
is a qualified elector in the county in which ((said)) the
district is located, and shall either have resided within the boundaries of ((such))
the proposed district for a period of not less than ninety days next
preceding the election, or shall be the owner of an interest in real estate
situated within ((said)) the proposed district. The ((commissioner
of public lands)) department of natural resources shall, within
fifteen days next succeeding ((said)) the election, canvass the
vote, and if upon ((such)) the canvass and count it appears that
the majority of votes cast in each of the counties are for "Diking and
drainage district 'yes'", then the ((said)) body shall immediately
certify to the ((board of)) county ((commissioners)) legislative
authority of each county interested and to the ((commissioner of public
lands)) department of natural resources the result of ((such))
the election, and shall in such certificate declare the proposed
territory duly organized as a drainage and diking district; and that the three
persons receiving the highest number of votes are duly elected commissioners of
((such)) the diking and drainage district. The commissioners so
elected shall hold their position for the period of two years from and after
their election and until their successors are elected and qualified. All
commissioners must be qualified electors of the district. Any vacancies
occurring upon ((said)) the board by failure to qualify, death or
resignation, or otherwise, shall be filled by the board of commissioners of ((said))
the district. After the first election a general election for the
election of ((such board of commissioners)) the county legislative
authority for the diking and drainage district shall be held every second
year thereafter, on the first Tuesday of October, and the returns thereof shall
be canvassed by the ((commissioner of public lands, who)) department
of natural resources, which shall certify the result to the respective ((boards
of)) county ((commissioners)) legislative authorities. The
((commissioner of public lands)) department of natural resources
at the time of certifying any election shall also issue a certificate to each
person elected as a member of the board that he has been duly elected as one of
the commissioners for diking and drainage district No. ..... in the counties of
.......... and .......... , state of Washington. No official ballot shall
be required at the first or any subsequent election, and the law known as the
"Direct Primary Law" of this state shall have no application to the
elections held under this chapter.
Sec. 82. Section 5, chapter 225, Laws of 1909 as last amended by section 26, chapter 156, Laws of 1981 and RCW 85.24.070 are each amended to read as follows:
The members
of ((such)) the board, before entering upon their duties, shall
take and subscribe on oath substantially as follows:
@p4!ix!tn1State of Washington, !tlü
!tlý ss.
County of .......... !tl_
!te
@p0 @bv I, the
undersigned, a member of the board of commissioners of the diking and drainage
district No. ..... , in .......... and .......... counties, do solemnly
swear (or affirm) that I will well and truly discharge my duties as a member of
((said)) the commission.
The members
shall also, before entering upon their duties, give a bond to the state of
Washington for the benefit of ((such)) the diking and drainage
district, for the faithful performance of their duties as ((such)) the
board of commissioners, in the penal sum of five thousand dollars with a
company or corporation as surety, authorized to make and execute official bonds
under the laws of the state, the district to bear the expense of ((such))
the bond; and upon the oath and bond being filed with the commissioner
of public lands, that officer shall enter an order upon his records that the
three persons named as aforesaid have qualified as the board of commissioners
for diking and drainage district No. ..... , in .......... and ..........
counties, and that ((said)) the persons and their successors do
and shall constitute a board of commissioners for the aforesaid diking and
drainage district; which order when made shall be conclusive of the regularity
of the election and qualification of the board of diking and drainage commissioners
for the particular district, and the persons named therein shall constitute
such board of diking and drainage commissioners.
The ((said))
board of diking and drainage commissioners shall thereupon immediately organize
and elect one of their number as chairman and another as secretary. The ((said))
board shall then proceed to make and cause to be made specifications and
details of a system which may be adopted by the board for the improvements to
be made, together with an estimate of the total cost thereof; and shall, upon
the adoption of a plan of improvement of the district as aforesaid, proceed to
acquire the necessary property and property rights for the construction,
establishment and maintenance of ((said)) the system either by
purchase or by power of eminent domain as hereinafter provided. Upon ((such))
the acquisition being ((had)) made, the board shall then
proceed with the construction of ((said)) the diking and drainage
system and in doing so shall have the power to do the work directly or in its
discretion to have all or any part of ((said)) the work done by
contract. In case the board shall decide upon doing the same by contract, it
shall advertise for bids for ((said)) the construction work, or
such part thereof as they may determine to have done by contract, and shall
have the authority to let a contract to the lowest responsible bidder after
advertising for bids.
Any contractor doing work hereunder shall be required to furnish a bond as provided by the laws of the state of Washington relating to contractors of public work.
The board shall have the right, power and authority to issue vouchers or warrants in payment or evidence of payment of any and all expenses incurred under the provisions of this chapter, and shall have the power to issue the same to any contractor as the work progresses, the same to be based upon the partial estimates furnished from time to time by engineers of said district. All warrants issued hereunder shall draw interest at a rate determined by the board.
Upon the
completion of the construction of ((said)) the system, and
ascertainment of the total cost thereof including all compensation and damages
and costs and expenses incident to the acquiring of the necessary property and
property right, the board shall then proceed to levy an assessment upon the
taxable real property within the ((said)) district which the board may
find to be specially benefited by the proposed improvements; and shall make and
levy ((such)) the assessment upon each piece, lot, parcel and
separate tract of real estate in proportion to the particular and special
benefits thereto. Upon determining the amount of the assessment against each
particular tract of real estate as aforesaid, the commissioners shall make or
cause to be made an assessment roll, in which shall appear the names of the
owners of the property assessed, so far as known, and a general description of
each lot, block, parcel or tract of land within ((such)) the
district, and the amount assessed against the same, as separate, special or
particular benefits. The board shall thereupon make an order setting and
fixing a day for hearing any objections to the assessment roll by any one
affected thereby, which day shall be at least twenty days after the mailing of
notices thereof, postage prepaid, as herein provided. The board shall send or
cause to be sent by mail to each owner of the premises assessed, whose name and
place of residence is known, a notice, substantially in the following form((,
to wit)):
To
.......... : Your property (here describe the property) is assessed $
..... . A hearing on the assessment roll will be had before the
undersigned at the office of the ((said)) board at .......... on the
..... day of .......... at which time you are notified to be and appear and to
make any and all objections which you may have as to the amount of the
assessment against your property, or as to whether it should be assessed at
all; and to make any and all objections which you may have to the ((said))
assessment against your lands, or any part or portion thereof.
The failure
to send or cause to be sent ((such)) the notice shall not be
fatal to the proceedings herein described. The secretary of the board on the
mailing of ((said)) the notices shall certify generally that he
has mailed ((such)) the notices to the known address of all
owners, and ((such)) the certificate shall be prima facie
evidence of the mailing of all such notices at the date mentioned in the
certificate.
The board
shall cause at least ten days' notice of the hearing to be given by posting
notice in at least ten public places within the boundaries of the district, and
by publishing the same at least ((five successive times in a daily newspaper
published in each of the counties affected; and for at least two successive
weeks in one or more weekly newspapers within the boundaries of said district,
in each county if there be such newspapers published therein, and if there be
no such newspaper published, then)) twice a week for two successive
weeks in one or more ((weekly)) newspapers, ((having a)) of
general circulation in the district, ((for two successive weeks,))
which notice shall be signed by the chairman or secretary of the ((said))
board of commissioners, and shall state the date and place of hearing of
objections to the assessment roll and levy, and of all other objections; and
that all interested parties will be heard as to any objection to ((said))
the assessment roll and the levies as therein made.
Sec. 83. Section 8, chapter 225, Laws of 1909 and RCW 85.24.150 are each amended to read as follows:
The final
assessment shall be a lien paramount to all other liens except liens for taxes
and other special assessments upon the property assessed, from the time the
assessment roll shall have been finally approved by the ((said)) board,
and placed in the hands of the county treasurers as collectors. After the roll
shall have been delivered to the county treasurers for collection, each
treasurer shall proceed to collect the amounts due in the manner that other
taxes are collected as to all lands situated within the county of which he is
treasurer. ((Such)) The treasurer shall give at least ten days'
notice in one or more ((daily)) newspapers ((published)) of
general circulation in the counties in which the lands are situated for two
successive weeks, that ((such)) the roll has been certified to
him for collection, and that unless payment be made within thirty days from the
date of the notice, that the sum charged against each lot or parcel of land
shall be paid in not more than ten equal annual payments, with interest upon
the whole sum so charged, at a rate not to exceed seven percent per annum. ((Said))
The interest shall be paid annually. The county treasurer shall proceed
to collect the amount due each year upon the publication of notice as
hereinafter provided. In such publication notice it shall not be necessary to
give a description of each tract, piece or parcel of land, or of the names of
the owners thereof.
The
treasurer shall also mail a copy of the notice to the owner of the property
assessed, when the post office address of ((such)) the owner is
known to the treasurer; but the failure to mail ((such)) the
notice shall not be necessary to the validity of the collection of ((such))
the tax.
Sec. 84. Section 7, chapter 131, Laws of 1961 as amended by section 123, chapter 195, Laws of 1973 1st ex. sess. and RCW 85.32.060 are each amended to read as follows:
When the
board causes a property roll to be filed with it and a hearing to be held
thereon as provided in this chapter, it shall give notice of ((such)) the
hearing in the following manner:
The notice
shall be published at least three times in consecutive issues in a weekly
newspaper, or once a week for three consecutive weeks in a daily newspaper((,
published in or near said district, and if there is more than one such paper,
then in some paper chosen by the board)) having general circulation in the
area involved. The last publication shall be more than fifteen days prior to
date of hearing. The board also shall cause a copy of ((such)) the
notice to be mailed in regular course of the federal mail at least thirty days
prior to the date of ((such)) the hearing to the owner or reputed
owner of ((such)) the property at his address, all as shown on
the tax rolls or records of the county taxing agencies of the county wherein
the property is situated, such notice being deemed adequate and sufficient.
The sworn affidavit of the one doing such mailing shall be deemed conclusive of
the fact that ((such)) the notice was mailed.
((Such))
The notice shall state the following:
(1) That the board has tentatively determined that the property of the owner or reputed owner named is receiving and will receive service and benefit from the facilities of the district;
(2) That
the board has caused a tentative roll of ((such)) the properties
with any improvements thereon which are receiving and will receive ((such))
service and benefit to be filed with it; and that ((such)) the
roll shows a base of valuation thereon for ((said)) the
properties against which annual dollar rates will be levied and collected in
the same manner as general taxes to pay the fair value of the benefit and
service received and to be received by ((such)) the property
through use of the facilities of the district, and to pay the annual cost of
operation, development and maintenance of the district and its facilities;
(3) That on
a date, time and place stated, the board will give consideration to the facts
and the roll, will hear all objections filed, will review ((said)) the
roll and alter, modify, or change the same consistent with facts established
and with equity and fair dealing concerning the properties involved to the end
that just levies will be made for service and benefits received and to be
received against each property for the purposes mentioned; and at the hearing
or continuance thereof, it will adopt the roll in final form and certify and
file a copy thereof with the assessor and treasurer of the county wherein the
property is located; and will cause annual millage to be levied against such
established valuations for the purposes stated;
(4) That
all persons desiring to object to the proceedings, to the proposed base
valuations, or to any other thing or matter in connection with the proceedings,
must file written objections with the board stating clearly the basis of ((such))
the objection before the time of the hearing, or all objections will be
deemed waived.
Sec. 85. Section 2, chapter 154, Laws of 1967 and RCW 85.36.010 are each amended to read as follows:
Any two or
more diking districts, two or more drainage districts, or two or more diking
and/or drainage improvement districts, heretofore organized or which may
hereafter be organized pursuant to any of the laws of the state of Washington
desiring to consolidate into one district may upon petition signed by the
owners of real property representing a majority of the acreage therein to the
governing body of the respective districts, or, in the alternative, by
resolution of a majority of the members of the governing body of each district,
effect ((such)) the consolidation by the governing body of ((said))
the district so desiring to consolidate, giving thirty days notice of an
election for ((such)) that purpose to be held in each of ((said))
the districts, setting forth in ((said)) the notice the
date of ((said)) the election and the object of the same, ((said))
the notice to be given and posted as notice of the annual election of
members of the governing body within ((said)) the district, and
if no provision is made for the giving of ((such)) notice, then as
provided in the general diking law, and then publication of the same once a
week for at least three ((successive issues)) weeks in a ((weekly))
newspaper ((published in the county in which such districts are located and))
of general circulation in ((said)) the districts((: PROVIDED,
That where there is no newspaper so published or circulated, then publication
of the notice of said election may be dispensed with)).
Nothing
contained herein shall be construed to limit or interfere with the existing
power or authority presently held by any of ((said)) the districts
to consolidate one with another.
Implementation of a consolidation pursuant hereto and future repair, improvement or maintenance of any district system may be as provided for consolidated diking districts in RCW 85.05.570 et seq. through RCW 85.05.600 and such provisions thereof as can be made applicable shall fully apply to consolidation of any districts therein provided for.
Sec. 86. Section 15, chapter 159, Laws of 1935 and RCW 86.16.067 are each amended to read as follows:
No flood
control zone shall be established, altered or revised without notice previously
given by the state supervisor of flood control to the owners of the lands
included in such zone or in any alteration or revision thereof by previous
publication of ((said)) the notice once a week for three
consecutive weeks in a newspaper of general circulation ((published))
in the county where ((said)) the lands or the greater portion
thereof are situated, and selected by ((said)) the state
supervisor, ((for three consecutive weekly issues of said newspaper,))
stating briefly a general description in terms of government sections,
townships and ranges, of the lands within ((such)) the zone or
alteration or revision thereof, and the general objects of the establishment or
alteration or revision of ((such)) the zone and the day, hour and
place where written objections may be submitted and heard.
Sec. 87. Section 25, page 684, Laws of 1889-90 as last amended by section 2, chapter 209, Laws of 1981 and RCW 87.03.310 are each amended to read as follows:
On or before the thirty-first day of December of each year, the treasurer of each county shall post and publish the delinquency list, which shall contain the names of persons to whom the property is assessed and a description of the property delinquent and the amount of the assessment and costs due, opposite each name and description.
The
treasurer shall append to and post with the list a notice, at least twenty days
before the sale, that unless the assessments together with costs and accrued
interest are paid, the property will be sold at public auction. One copy
thereof shall be posted in the county courthouse, and the treasurer shall
provide four copies to the irrigation district in which the property is
located. The irrigation district shall post one copy in the irrigation
district office and three copies in public places in the district. ((Such))
The notice shall be published once a week for three successive weeks in
a newspaper of general circulation ((published)) in the county. Notices
shall designate the time and place of sale. The time of sale shall be not less
than twenty-one nor more than thirty-five days from the date of posting and
from the date of the first publication of the notice thereof, and the place of
the sale shall be at some point designated by the treasurer. At least ten days
prior to the date of the public auction, the treasurer shall send by first
class mail a notice to the taxpayer or owner of record of the land having a
delinquent assessment. The notice shall contain a statement of the amount of
the delinquent assessment plus interest as provided in RCW 87.03.270, as now or
hereafter amended, accruing from the date of delinquency; a ten dollar delinquency
charge owing on the land; the time, date, and place of the sale of properties
having delinquent assessments; and a statement that failure to pay the
assessment prior to the date of sale will result in a sale of the property.
Sec. 88. Section 34, page 688, Laws of 1889-90 as last amended by section 217, chapter 167, Laws of 1983 and RCW 87.03.430 are each amended to read as follows:
Whenever
interest payments on bonds are due, the treasurer of ((said)) the
county shall pay the same from the bond fund belonging to ((such)) the
district and deposited with ((such)) the treasurer. Whenever,
after ten years from the issuance of ((said)) the bonds, ((said))
the fund shall amount to the sum of ten thousand dollars, the board of
directors may direct the treasurer to pay such an amount of ((said)) the
bonds not due as the money in ((said)) the fund will redeem, at
the lowest value at which they may be offered for liquidation, after
advertising in ((some daily)) a newspaper of general
circulation in the county for such period of time not less than four weeks
as the board shall order for sealed proposals for the redemption of ((said))
the bonds. ((Said)) The proposals shall be opened by the
board in open meeting, at a time to be named in the notice, and the lowest bid
for ((said)) the bonds must be accepted: PROVIDED, That no bond
shall be redeemed under the foregoing provision at a rate above par. In case
the bids are equal, the lowest numbered bond shall have the preference. In
case none of the owners of ((said)) the bonds shall desire to
have the same redeemed, as herein provided for, ((said)) the
money shall be invested by the treasurer of ((said)) the county, under
the direction of the board, in United States bonds, or the bonds of the state,
which shall be kept in ((said)) the bond fund, and may be used to
redeem ((said)) the district bonds whenever the owners thereof
may desire.
Sec. 89. Section 62, page 699, Laws of 1889-90 as amended by section 37, chapter 129, Laws of 1921 and RCW 87.03.655 are each amended to read as follows:
The
secretary of the board of directors shall cause a notice of the filing of ((such))
the petition to be published for at least two weeks in ((some)) a
newspaper ((published)) of general circulation in the county
where the office of the board of directors is situated, and if any portion of
((such)) the territory to be excluded lies within another county
or counties, then ((said)) the notice shall be so published in a
newspaper ((published)) of general circulation within each of ((said))
the counties((; or if no newspaper be published therein, then by
posting such notice for the same time in at least three public places in said
district, and in case of the posting of said notices, one of said notices must
be so posted on the lands, or within the boundaries of the former district,
proposed to be excluded)). The notice shall state the filing of ((such))
the petition, the names of the petitioners, a description of the lands,
or the name and number of the former district, mentioned in ((said)) the
petition, and the prayer of ((said)) the petition; and it shall
notify all persons interested in or that may be affected by ((such)) the
change of the boundaries of the district to appear at the office of ((said))
the board at a time named in ((said)) the notice, and show
cause in writing, if any they have, why the change of the boundaries of ((said))
the district, as proposed in ((said)) the petition, should
not be made. The time to be specified in the notice at which they shall be
required to show cause shall be the regular meeting of the board next after the
expiration of the time for the publication of the notice.
Sec. 90. Section 2, chapter 138, Laws of 1925 ex. sess. and RCW 87.03.755 are each amended to read as follows:
Upon the
adoption of the resolution as provided in RCW 87.03.750, the board of directors
of the district shall cause to be served upon the director of ((conservation
and development)) the department of ecology, and to be published once
a week for four successive weeks in a ((weekly)) newspaper ((published
and)) of general circulation in the county in which the district is
situated a notice that at the time and place fixed in the ((said))
notice, the board will hold a public hearing for the further consideration of
the plan proposed, which notice shall set forth a copy of the resolution
adopted by the board, and state that at ((such)) the hearing the
board will receive and consider any objections to the proposed plan and/or
suggestions for modification thereof, of any person interested, and at the
conclusion of the hearing, or the final adjournment thereof, the board will
proceed by resolution to adopt the plan proposed, or ((such)) the
modification of ((such)) the plan as may be determined by the
board, and reduce the boundaries of the district and exclude therefrom such
lands as cannot be furnished with sufficient water for successful irrigation,
and provide for the repayment to the owners of ((such)) the
excluded lands of any assessments paid thereon, and the cancellation of all
unpaid assessments against excluded lands.
Sec. 91. Section 8, chapter 237, Laws of 1951 and RCW 87.53.080 are each amended to read as follows:
The clerk
shall docket the proceedings entitled "In the matter of the dissolution of
.......... irrigation district," and the court shall direct the clerk to
give notice thereof. The notice shall contain a general statement of the
nature of the proceedings, and notify all persons having claims against the
district to present them on or before a day specified therein, and shall be
published once a week for at least six weeks in a newspaper ((published))
of general circulation in the county. Any claim not so filed shall be
barred.
Sec. 92. Section 6, chapter 124, Laws of 1925 ex. sess and RCW 87.56.060 are each amended to read as follows:
The court
shall thereupon fix a time and place for a hearing of ((said)) the
complaint and notice of ((said)) the hearing shall be published once
a week for two successive weeks (((three weekly issues))) in a
newspaper of general circulation ((published)) in each county in which
any lands in the district are located.
Sec. 93. Section 9, chapter 124, Laws of 1925 ex. sess. and RCW 87.56.080 are each amended to read as follows:
The
receiver immediately after his appointment or within such further time as the
court shall fix, shall cause to be published in some newspaper of general
circulation ((printed)) in the county where the dissolution proceedings
are pending, ((if there be one, if not, then in such newspaper as may be designated
by the court,)) notice to creditors of the district once a week for
two successive weeks (((three weekly issues))).
Sec. 94. Section 15, chapter 124, Laws of 1925 ex. sess. and RCW 87.56.130 are each amended to read as follows:
The court
thereupon shall fix a time and place for hearing the receiver's report, notice
of ((such)) the hearing shall be published in a newspaper of
general circulation ((published)) in each county in which lands within
the district are situated, and such other newspapers as the court shall
determine once a week for ((a period of)) two successive weeks (((three
weekly issues) and)). A copy of ((said)) the notice
shall be posted in the office of the board of directors of the district.
Sec. 95. Section 5, chapter 236, Laws of 1907 and RCW 88.32.070 are each amended to read as follows:
After the
return of the assessment roll to the ((board of)) county ((commissioners
they)) legislative authority it shall make an order setting a day
for the hearing upon any objections to the assessment roll by any parties
affected thereby who shall be heard by ((said board of)) the
county ((commissioners)) legislative authority as a board of
equalization, which date shall be at least twenty days after the filing of such
roll. It shall be the duty of the ((board of)) county ((commissioners))
legislative authority to give, or cause to be given, notice of such
assessment, and of the day fixed for the hearing, as follows:
(1) They shall send or cause to be sent, by mail, to each owner of premises assessed, whose name and place of residence is known to them, a notice, substantially in this form, to wit:
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"Your property (here describe the property) is assessed $ .......... for river and harbor improvement to be made in this county.
"Hearing on the assessment roll will be had before the undersigned, at the office of the county commissioners, on the ..... day of .......... 19..
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But failure to send, or cause to be sent, such notice, shall not be fatal to the proceedings herein prescribed.
(2) They
shall cause at least ten days' notice of the hearing to be given by posting notice
in at least ten public places in ((such)) the county, three of
which shall be in the neighborhood of ((such)) the proposed
improvement, and by publishing the same at least ((five successive days))
once a week for two consecutive weeks in ((a daily)) the
official newspaper of ((said)) the county (((if one is
published daily), otherwise, for two weeks in a weekly newspaper of said
county;)) which notice shall be signed by the ((board of)) county ((commissioners))
legislative authority, and shall state the day and place of the hearing
of objections to the assessment roll, and the nature of the improvement, and
that all interested parties will be heard as to any objections to said
assessment roll.
Sec. 96. Section 5, chapter 23, Laws of 1911 and RCW 91.08.070 are each amended to read as follows:
((Said))
The petition, after the filing thereof, shall be taken up and considered
by the ((board)) county legislative authority at the next regular
or special meeting thereof, or as soon thereafter as may be convenient, and if
the petition be defective in any particular it may be amended and an
adjournment of the matter may be had to permit of ((such)) the
amendment, for a time not exceeding thirty days. If the petition be defective
and be not sufficiently amended within the adjournment taken, it shall be
dismissed. But if ((such)) the petition ((be in fact)) is
sufficient, or if by amendment it be made sufficient, it shall be the duty of
the ((board)) county legislative authority to enter an order
setting a time for a public hearing thereon within thirty days from the date of
((such)) the order, and directing the clerk of the ((board))
county legislative authority to give notice of the time and place of ((such))
the hearing in the official newspaper of the county by publication
therein at least once each week for three successive weeks before the time of
hearing((; and in case there be no such official newspaper, then in some
newspaper of general circulation in said county. Such)). The
notice shall be addressed to the owners of lands not petitioning, as shown by
the petition or as may be ascertained to be the fact, and to all other persons
known and unknown having or claiming an interest in the lands in the district,
and shall state the pendency of the proceeding, its object, the names of the
signers of the petition, the number of acres of land they claim to own, the
whole number of acres proposed to be improved, the boundaries of the lands to
be included in the improvement district, and the time and place of hearing.
And notice shall also be given that at the time and place named, or at such
time as the same may be adjourned to, the board will consider the petition
under the provisions of this chapter, and will hear all objections offered by
interested parties and grant or refuse the petition as it may be advised. The
clerk of the board shall keep a record of all orders, hearings and proceedings
of the board in reference to ((such)) the waterway district in a
separate bound book, designated as the record of proceedings as to such
district.
Sec. 97. Section 29, chapter 23, Laws of 1911 and RCW 91.08.310 are each amended to read as follows:
Upon its completion
the commissioners shall return their assessment roll into court, and thereupon
the court shall make an order setting a time for the hearing thereon before the
court, which day shall be at least thirty days after the entry of ((such))
the order. The commissioners shall give notice of ((such)) the
assessment and of the day fixed by the court for the hearing thereon in the
following manner:
(1) They
shall at least twenty days prior to the date fixed for the hearing on ((said))
the roll, mail to each owner of the property assessed, whose name and
address is known to them, a notice substantially in the following form:
"(Title
of cause.) To .......... : Pursuant to an order of the superior court of
the State of Washington, in and for the county of .......... there will be a
hearing in the above entitled cause on .......... at .......... upon the
assessment roll prepared by the commissioners heretofore appointed by ((said))
the court to assess the property specially benefited by the (here
describe nature of improvement); and you are hereby required if you desire to
make any objection to ((said)) the assessment roll, to file your
objections to the same before the date herein fixed for the hearing upon ((said))
the roll, a description of your property and the amount assessed against
it for the aforesaid improvement is as follows: (Description of property and
amount assessed against it.)
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(2) They
shall cause at least twenty days' notice to be given of the hearing((, when
a daily newspaper is published in such county,)) by publishing the same ((in))
at least ((five successive issues of said paper; or if no daily newspaper is
published in said county and a weekly newspaper is published therein, then in
each issue of such weekly newspaper)) once a week for two successive
weeks in the official county newspaper. ((Such)) The
notice so required to be published may be substantially as follows:
"(Title
of cause.) Special Assessment Notice. Notice is hereby given to all persons
interested, that an assessment roll has been filed in the above entitled cause
providing for the assessment upon the property benefited of the cost of (here
insert brief description of improvement) and that ((said)) the
roll has been set down for hearing on the ..... day of .......... at .....
. The boundaries of ((said)) the assessment district are
substantially as follows: (here insert an approximate description of the assessment
district.) All persons desiring to object to ((said)) the
assessment roll are required to file their objections before said date fixed
for the hearing upon ((said)) the roll, and appear on the day
fixed for hearing before ((said)) the court.
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Sec. 98. Section 49, chapter 23, Laws of 1911 and RCW 91.08.500 are each amended to read as follows:
The
treasurer shall pay the interest on the bonds authorized to be issued by this
chapter, on presentation of matured coupons therefor, out of the funds of the
district in his hands. Whenever there shall be sufficient money in any such
fund (not less than one thousand dollars) over and above sufficient for the
payment of matured interest on all outstanding bonds, to pay the principal of
one or more bonds, the treasurer shall call in and pay ((such)) the
bonds in their numerical order: PROVIDED, That the ((said)) call for
bonds shall be made by publication in the official newspaper of the county ((if
there be one, or otherwise in some newspaper of general circulation in the
county,)) within five days after the semiannual interest period, and shall
state that bonds numbered ............... (giving the serial numbers of the
bonds called) will be paid on presentation; and that after a date named, not
more than fifteen days thereafter, interest on the bonds called shall cease.
NEW SECTION. Sec. 99. A new section is added to chapter 35.21 RCW to read as follows:
Each city and town shall designate an official newspaper by resolution. The newspaper shall be of general circulation in the city or town and have the qualifications prescribed by chapter 65.16 RCW.
NEW SECTION. Sec. 100. A new section is added to chapter 35.22 RCW to read as follows:
Promptly after adoption, every ordinance shall be published at least once in the official newspaper of the city.
NEW SECTION. Sec. 101. A new section is added to chapter 35.30 RCW to read as follows:
Promptly after adoption, every ordinance shall be published at least once in the official newspaper of the city.
NEW SECTION. Sec. 102. A new section is added to chapter 35A.21 RCW to read as follows:
Each code city shall designate an official newspaper by resolution. The newspaper shall be of general circulation in the city and have the qualifications prescribed by chapter 65.16 RCW.