ESSB 5300 - H AMD

By Representative Miloscia

On page 13, after line 26, insert:

ASec. 17. RCW 35.13A.030 and 1971 ex.s. c 95 s 3 are each amended to read as follows:

Whenever a portion of a water ((~~district or~~))-sewer district equal to at least sixty percent of the area or sixty percent of the assessed valuation of the real property lying within such district, is included within the corporate boundaries of a city, the city may assume by ordinance the full and complete management and control of that portion of the entire district not included within another city, if voters of the entire district approve a ballot proposition authorizing the assumption with the city paying for all the election costs, whereupon the provisions of RCW 35.13A.020 shall be operative; or the city may proceed directly under the provisions of RCW 35.13A.050.

Sec. 18. RCW 35.13A.040 and 1971 ex.s. c 95 s 4 are each amended to read as follows;

Whenever the portion of a water ((or))-sewer district included within the corporate boundaries of a city is less than sixty percent of the area of the district and less than sixty percent of the assessed valuation of the real property within the district, the city may elect to proceed under the provisions of RCW 35.13A.050, if voters of the entire district approve a ballot proposition authorizing the assumption with the city paying for all the election costs.

Sec. 19. RCW 35.13A.050 and 1971 ex.s. c 95 ' 5 are each amended to read as follows:

When electing under RCW 35.13A.030 or 35.13A.040 to proceed under this section, the city may assume((~~, by ordinance,~~)) jurisdiction of the water-sewer district's responsibilities, property, facilities and equipment within the corporate limits of the city, if voters of the entire district approve a ballot proposition authorizing the assumption with the city paying for all the election costs: PROVIDED, That if on the effective date of such an ordinance the territory of the district included within the city contains any facilities serving or designed to serve any portion of the district outside the corporate limits of the city or if the territory lying within the district and outside the city contains any facilities serving or designed to serve territory included within the city (which facilities are hereafter in this section called the "serving facilities"), the city or district shall for the economically useful life of any such serving facilities make available sufficient capacity therein to serve the sewage or water requirements of such territory, to the extent that such facilities were designed to serve such territory at a rate charged to the municipality being served which is reasonable to all parties.

In the event a city proceeds under this section, the board of commissioners of the district may elect ((~~upon a favorable vote of a majority of all voters within the district voting upon such propositions~~)) to cause a separate ballot proposition to be submitted to the voters of the entire district to require the city to assume responsibility for the operation and maintenance of the district's property, facilities and equipment throughout the entire district and to pay the city a charge for such operation and maintenance which is reasonable under all of the circumstances. The board of commissioners of the district, at its sole discretion, may choose to have this ballot proposition combined with the ballot proposition provided for under RCW 35.13A.040 and a single ballot proposition be submitted to the voters of the entire district authorizing both the assumption of the portion of the district located in the city and the requirement that the city assume the responsibility for the operation and maintenance of the district=s property, facilities an equipment throughout the entire district and to pay the city a charge for such operation and maintenance which is reasonable under all the circumstances. The city shall pay for all election costs whether a single ballot proposition or two ballot propositions are submitted to the voters of the entire district.

A city acquiring property, facilities and equipment under the provisions of this section shall acquire such property, facilities and equipment, and fix and collect service and other charges from owners and occupants of properties served by the city, subject, to any contractual obligations of the district which relate to the property, facilities, or equipment so acquired by the city or which are secured by taxes, assessments or revenues from the territory of the district included within the city. In such cases, the property included within the city and the owners and occupants thereof shall continue to be liable for payment of its and their proportionate share of any outstanding district indebtedness. The district and its officers shall continue to levy taxes and assessments on and to collect service and other charges from such property, or owners or occupants thereof, to enforce such collections, and to perform all other acts necessary to insure performance of the district's contractual obligations in the same manner and by the same means as if the territory of the district had not been included within the boundaries of a city.

Sec. 20. RCW 35.13A.060 and 1971 ex.s. c 95 ' 6 are each amended to read as follows:

Whenever more than one city, in whole or in part, is included within a water ((~~district or~~))-sewer district, the city which has within its boundaries sixty percent or more of the area of the assessed valuation of the district (in this section referred to as the "principal city") may, with the approval of any other city containing part of such district, assume responsibility for operation and maintenance of the district's property, facilities and equipment within such other city and make and enforce such charges for operation, maintenance and retirement of indebtedness as may be reasonable under all the circumstances, if voters of the entire district approve a ballot proposition authorizing this assumption with the principal city paying for all the election costs.

Any other city having less than sixty percent in area or assessed valuation of such district, within its boundaries may install facilities and create local improvement districts or otherwise finance the cost of installation of such facilities and if such facilities have been installed in accordance with reasonable standards fixed by the principal city, such other city may connect such facilities to the utility system of such district operated by the principal city upon providing for payment by the owners or occupants of properties served thereby, of such charges established by the principal city as may be reasonable under the circumstances.@

Correct the title.