FINAL BILL REPORT
C 28 L 91
Synopsis As Enacted
Brief Description: Providing an alternative to drainage districts.
By House Committee on Local Government (originally sponsored by Representatives Franklin, Haugen, Ferguson and Ebersole).
House Committee on Local Government
Senate Committee on Governmental Operations
Background: Various different local governments including counties, cities, towns, drainage districts, and drainage improvement districts, are authorized to provide drainage improvements.
Drainage districts and drainage improvement districts are special districts where the franchise is limited to property owners. Procedures exist by which the county legislative authority of a county may suspend the operations of a variety of special districts, including drainage districts and drainage improvement districts, and subsequently reactivate the special district.
Procedures exist for dissolving inactive special districts, including drainage districts and drainage improvement districts, by the county legislative authority of the county in which the district is located. It appears that a special district, such as a drainage district or drainage improvement district, that owns drainage or flood control improvements may not be dissolved unless the county accepts responsibility for operating and maintaining the facilities.
Counties are authorized to establish storm water utilities and drainage utilities.
Summary: As an alternative to other statutory procedures, a county legislative authority may, by ordinance, dissolve a drainage district or drainage improvement district that is located in a county storm drainage and surface water management utility if the district is not imposing assessments. The county assumes responsibility to pay or settle all outstanding debts of a drainage district or drainage improvement district that is dissolved under this procedure. All assets of the district become assets of the county. The county storm drainage and surface management utility may determine how to manage, operate, and dispose of the dissolved district.
Any portion of a drainage district or drainage improvement district that is located within a first class city may be removed from the district by ordinance of the city. The removal shall not impair the obligation of a contract nor remove the liability or obligation to finance district improvements that serve the area being removed from the district.
Votes on Final Passage:
House 96 0
Senate 49 0
Effective: July 28, 1991