S-0598

AN ACT Relating to cities, towns, and counties; and amending RCW 35.44.047 and 36.94.220.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 35.44.047 and 1969 ex.s. c 258 s 7 are each amended to read as follows:

Notwithstanding the methods of assessment provided in RCW 35.44.030, 35.44.040 and 35.44.045, the city or town may use any other method or combination of methods to compute assessments which may be deemed to more fairly reflect the special benefits to the properties being assessed. The failure of the council to specifically recite in its ordinance ordering the improvement and creating the local improvement district that it will not use the zone and termini method of assessment shall not invalidate the use of any other method or methods of assessment. An assessment may be determined by a method which assumes a land usage for a particular lot, tract, or parcel not permitted under existing zoning or land-use planning ordinances or statutes, provided that the owner may, from the time such assessment is entered upon the assessment roll, use any such lot, tract, or parcel of land in the manner assumed in calculating such assessment, notwithstanding the restrictions of such zoning or land-use planning ordinances or statutes.

Sec. 2. RCW 36.94.220 and 1981 c 313 s 3 are each amended to read as follows:

(1) A county shall have the power to establish utility local improvement districts and local improvement districts within the area of a sewerage and/or water general plan and to levy special assessments under a mode of annual installments extending over a period not exceeding twenty years on all property specially benefited by any local improvement on the basis of the special benefits to pay in whole or in part the damages or costs of any improvements ordered in such county.

(2) Utility local improvement districts and local improvement districts may include territory within a city or town only with the written consent of the city or town, but if the local district is formed before such area is included within the city or town, no such consent shall be necessary. Utility local improvement districts and local improvement districts used to provide sewerage disposal systems may include territory within a sewer district or within a water district providing sewerage disposal systems only with the written consent of the sewer district or such a water district, but if the local district is formed before such area is included within the sewer district or such a water district, no consent is necessary. Utility local improvement districts and local improvement districts used to provide water systems may include territory within a water district or within a sewer district providing water systems only with the written consent of the water district or such a sewer district, but if the local district is formed before such area is included within the water district or such a sewer district, no consent is necessary.

(3) The levying, collection, and enforcement of all public assessments hereby authorized shall be in the manner now and hereafter provided by law for the levying, collection, and enforcement of local improvement assessments by cities and towns, insofar as the same shall not be inconsistent with the provisions of this chapter. In addition, the county shall file the preliminary assessment roll at the time and in the manner prescribed in RCW 35.50.005. The duties devolving upon the city treasurer under such laws are imposed upon the county treasurer for the purposes of this chapter. The mode of assessment shall be in the manner to be determined by the county legislative authority by ordinance or resolution. As an alternative to equal annual assessment installments of principal provided for cities and towns, a county legislative authority may provide for the payment of such assessments in equal annual installments of principal and interest. Assessments in any local district may be made on the basis of special benefits up to but not in excess of the total cost of any sewerage and/or water improvement made with respect to that local district and the share of any general sewerage and/or water facilities allocable to that district. In utility local improvement districts, assessments shall be deposited into the revenue bond fund or general obligation bond fund established for the payment of bonds issued to pay such costs which bond payments are secured in part by the pledge of assessments, except pending the issuance and sale of such bonds, assessments may be deposited in a fund for the payment of such costs. In local improvement districts, assessments shall be deposited into a fund for the payment of such costs and local improvement bonds issued to finance the same or into the local improvement guaranty fund as provided by applicable statute.

(4) An assessment may be determined by a method which assumes a land usage for a particular lot, tract, or parcel not permitted under existing zoning or land-use planning ordinances or statutes, provided that the owner may, from the time such assessment is entered upon the assessment roll, use any such lot, tract, or parcel of land in the manner assumed in calculating such assessment, notwithstanding the restrictions of such zoning or land-use planning ordinances or statutes.