AN ACT Relating to combining water and sewer
districts; amending RCW 57.02.010, 56.02.110, 57.02.030, 57.02.040, 56.02.070,
56.02.100, 57.02.050, 57.04.001, 57.04.020, 57.04.030, 57.04.050, 57.04.060,
57.04.065, 57.04.070, 56.04.080, 57.04.100, 57.04.110, 56.04.120, 56.04.130,
57.08.011, 57.08.014, 57.08.015, 57.08.016, 57.08.030, 57.08.040, 56.08.060,
57.08.047, 57.08.050, 57.08.060, 57.08.065, 56.08.012, 57.08.100, 57.08.105,
57.08.110, 57.08.120, 57.08.140, 57.08.017, 57.08.180, 57.08.150, 57.08.160,
57.08.170, 57.12.010, 57.12.015, 57.12.030, 57.12.039, 57.12.020, 57.16.010,
56.08.030, 57.16.140, 57.16.050, 57.16.060, 57.16.073, 57.16.065, 56.20.030,
57.16.070, 57.16.080, 57.16.100, 57.16.090, 57.16.110, 57.16.150, 57.16.020,
57.20.015, 57.16.030, 57.16.035, 57.16.040, 57.20.020, 57.20.023, 57.20.025,
57.20.027, 57.20.030, 57.20.080, 57.20.090, 57.20.110, 57.20.120, 57.20.130,
57.20.135, 57.20.140, 57.20.150, 57.20.160, 57.20.165, 57.20.170, 57.22.010,
57.22.020, 57.22.030, 57.22.040, 57.22.050, 57.24.001, 57.24.010, 57.24.020,
57.24.040, 57.24.050, 57.24.070, 57.24.090, 57.24.170, 57.24.180, 57.24.190,
57.24.200, 57.24.210, 57.24.220, 57.28.001, 57.28.010, 57.28.020, 57.28.030,
57.28.035, 57.28.040, 57.28.050, 57.28.060, 57.28.070, 57.28.080, 57.28.090,
57.28.100, 57.28.110, 57.32.001, 57.32.010, 57.32.020, 57.32.021, 57.32.022,
57.32.023, 57.32.024, 57.32.130, 57.32.160, 57.36.001, 57.36.010, 57.36.020,
57.36.030, 57.36.040, 57.40.135, 57.36.050, 57.42.010, 57.42.020, 57.42.030,
57.46.010, 57.46.020, 57.46.030, 57.90.001, 57.90.010, 57.90.020, 57.90.030,
57.90.040, 57.90.050, 57.90.100, 35.13.900, 35.58.570, 35.97.050, 35A.14.901,
35A.56.010, 35A.70.010, 36.29.160, 36.93.090, 36.94.420, 41.04.190, 43.99F.020,
82.02.020, 84.09.030, 84.38.020, 84.52.052, 90.03.510, and 90.03.525; adding
new sections to chapter 57.02 RCW; adding new sections to chapter 57.08 RCW;
adding a new section to Title 57 RCW; adding new sections to chapter 57.04 RCW;
adding new sections to chapter 57.06 RCW; adding new sections to chapter 57.16
RCW; adding new sections to chapter 57.20 RCW; adding a new section to chapter
57.36 RCW; creating a new section; recodifying RCW 56.02.070, 56.02.100,
56.02.110, 56.04.080, 56.04.120, 56.04.130, 56.02.030, 56.02.080, 56.36.070,
56.08.060, 56.08.012, 56.08.170, 56.08.030, 56.20.030, 57.16.020, 57.16.030,
57.16.035, 57.16.040, and 57.40.135; repealing RCW 56.02.010, 56.02.040,
56.02.050, 56.02.055, 56.02.060, 56.02.120, 56.04.001, 56.04.020, 56.04.030,
56.04.040, 56.04.050, 56.04.060, 56.04.065, 56.04.070, 56.04.090, 56.08.010,
56.08.013, 56.08.014, 56.08.015, 56.08.020, 56.08.040, 56.08.050, 56.08.065,
56.08.070, 56.08.075, 56.08.080, 56.08.090, 56.08.092, 56.08.100, 56.08.105,
56.08.110, 56.08.120, 56.08.130, 56.08.140, 56.08.150, 56.08.160, 56.08.180,
56.08.190, 56.08.200, 56.12.010, 56.12.015, 56.12.020, 56.12.030, 56.12.040,
56.12.050, 56.16.010, 56.16.020, 56.16.030, 56.16.035, 56.16.040, 56.16.050,
56.16.060, 56.16.065, 56.16.070, 56.16.080, 56.16.085, 56.16.090, 56.16.100,
56.16.110, 56.16.115, 56.16.130, 56.16.135, 56.16.140, 56.16.150, 56.16.160,
56.16.165, 56.16.170, 56.20.010, 56.20.015, 56.20.020, 56.20.032, 56.20.033,
56.20.040, 56.20.050, 56.20.060, 56.20.070, 56.20.080, 56.20.090, 56.20.120,
56.22.010, 56.22.020, 56.22.030, 56.22.040, 56.22.050, 56.24.001, 56.24.070,
56.24.080, 56.24.090, 56.24.100, 56.24.110, 56.24.120, 56.24.130, 56.24.140,
56.24.150, 56.24.180, 56.24.190, 56.24.200, 56.24.205, 56.24.210, 56.24.900,
56.28.001, 56.28.010, 56.28.020, 56.32.001, 56.32.010, 56.32.020, 56.32.030,
56.32.040, 56.32.050, 56.32.060, 56.32.070, 56.32.080, 56.32.090, 56.32.100,
56.32.110, 56.32.115, 56.32.120, 56.32.160, 56.36.001, 56.36.010, 56.36.020,
56.36.030, 56.36.040, 56.36.045, 56.36.050, 56.36.060, 56.40.010, 56.40.020,
56.40.030, 57.08.010, 57.08.045, 57.08.080, 57.08.090, 57.08.130, 57.12.045,
57.20.100, 57.40.100, 57.40.110, 57.40.120, 57.40.130, 57.40.140, and
57.40.150; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
PART I - GENERAL PROVISIONS
NEW SECTION. Sec.
101. A new section is added
to chapter 57.02 RCW to read as follows:
Every sewer district
and every water district previously created shall be reclassified and shall
become a water-sewer district, and shall be known as the
". . . . . Water-Sewer District," or
"Water-Sewer District No. . . . ." or shall continue
to be known as a "sewer district" or a "water district,"
with the existing name or number inserted, as appropriate. As used in this
title, "district" means a water-sewer district, a sewer district, or
a water district. All debts, contracts, and obligations previously made or incurred
by or in favor of any water district or sewer district, and all bonds or other
obligations issued or executed by those districts, and all assessments or
levies, and all other things and proceedings done or taken by those districts
or by their respective officers, are declared legal and valid and of full force
and effect.
Sec. 102. RCW 57.02.010 and 1982
1st ex.s. c 17 s 8 are each amended to read as follows:
Wherever in this title
((57 RCW)) petitions are required to be signed by the owners of
property, the following rules shall govern the sufficiency ((thereof)) of
the petitions:
(1) The signature of a
record owner, as determined by the records of the county auditor of the county
in which the real property is located, shall be sufficient without the
signature of ((his or her)) the owner's spouse.
(2) ((In the case of))
For mortgaged property, the signature of the mortgagor shall be
sufficient.
(3) ((In the case of))
For property purchased on contract, the signature of the contract
purchaser, as shown by the records of the county auditor of the county in which
the real property is located, shall be ((deemed)) sufficient.
(4) Any officer of a
corporation owning land in the district duly authorized to execute deeds or
encumbrances on behalf of the corporation may sign on behalf of ((such))
that corporation((: PROVIDED)), except that there shall
be attached to the petition a certified excerpt from the bylaws showing such authority.
(5) If any property in
the district stands in the name of a deceased person or any person for whom a
guardian has been appointed, the signature of the ((executor)) personal
representative, administrator, or guardian, as the case may be,
shall be equivalent to the signature of the owner of the property.
Sec. 103. RCW 56.02.110 and 1979 c
35 s 3 are each amended to read as follows:
(((1))) The
board of commissioners of a ((sewer)) district may notify the owner or
reputed owner of any tract, parcel of land, or other property located within
the area included in a petition being circulated for a local improvement
district ((being circulated)) or utility local improvement district
under chapter ((56.20)) 57.16 RCW ((or in a petition for)),
an annexation ((being circulated)) under chapter ((56.24)) 57.24
RCW, a consolidation under chapter 57.32 RCW, a merger under chapter 57.36
RCW, a withdrawal of territory under chapter 57.28 RCW, or a transfer of
territory under RCW 57.32.160.
(((2))) Upon the
request of any person, the board of commissioners of a ((sewer))
district may:
(((a))) (1)
Review a proposed petition ((to check if the petition is properly drafted))
for proper drafting; and
(((b))) (2)
Provide information regarding the effects of the adoption of any proposed
petition.
Sec. 104. RCW 57.02.030 and 1959 c
108 s 19 are each amended to read as follows:
The rule of strict
construction shall ((have no application)) not apply to this
title, ((but the same)) which shall be liberally construed to
carry out ((the)) its purposes and objects ((for which this
title is intended)).
Sec. 105. RCW 57.02.040 and 1988 c
162 s 7 are each amended to read as follows:
(1)
Notwithstanding any provision of law to the contrary, ((no water district
shall be formed or reorganized under chapter 57.04 RCW, nor shall any water
district annex territory under chapter 57.24 RCW, nor shall any water district
withdraw territory under chapter 57.28 RCW, nor shall any water district
consolidate under chapter 57.32 RCW, nor shall any water district be merged
under chapter 57.36 RCW, nor shall any sewer district be merged into a water
district under chapter 57.40 RCW, unless such proposed action)) the
following proposed actions shall be approved as provided for in RCW
56.02.070 (as recodified by this act):
(a) Formation or
reorganization under chapter 57.04 RCW;
(b) Annexation of
territory under chapter 57.24 RCW;
(c) Withdrawal of
territory under chapter 57.28 RCW;
(d) Transfer of
territory under RCW 57.32.160;
(e) Consolidation
under chapter 57.32 RCW; and
(f) Merger under
chapter 57.36 RCW.
((The county
legislative authority shall within thirty days of the date after receiving))
(2) At least one of the districts involved shall give notice of the
proposed action((, approve such action or hold a hearing on such action. In
addition, a copy of such proposed action shall be mailed)) to the county
legislative authority, state department of ecology, and ((to the))
state department of ((social and)) health ((services)). The
county legislative authority shall within thirty days of receiving notice of
the proposed action approve the action or hold a hearing on the action.
(3) The county
legislative authority shall decide within sixty days of a hearing whether to
approve or not approve ((such)) the proposed action. In
approving or not approving the proposed action, the county legislative
authority shall consider the following criteria:
(((1))) (a)
Whether the proposed action in the area under consideration is in compliance
with the development program ((which)) that is outlined in the
county comprehensive plan, or city or town comprehensive plan where
appropriate, and its supporting documents; ((and/or
(2))) (b) Whether the proposed action in the
area under consideration is in compliance with the basinwide water and/or
sewage plan as approved by the state department of ecology and the state
department of social and health services; ((and/or)) and
(((3))) (c)
Whether the proposed action is in compliance with the policies expressed in the
county plan for water and/or sewage facilities.
(4) If the
proposed action is inconsistent with subsection((s (1), (2), or)) (3)(a),
(b), or (c) of this section, the county legislative authority shall not
approve it. If ((such)) the proposed action is consistent with
((all such)) subsection((s)) (3)(a), (b), and (c) of this
section, the county legislative authority shall approve it unless it finds
that ((utility)) water or sewer service in the area under
consideration will be most appropriately served by the county itself under the
provisions of chapter 36.94 RCW, or by ((a)) another district,
city, town, or municipality((, or by another existing special purpose
district rather than by the proposed action under consideration)). If
there has not been adopted for the area under consideration a plan or
program under ((any one of subsections (1), (2) or)) subsection
(3)(a), (b), or (c) of this section, the proposed action shall not be
found inconsistent with such subsection.
(5) Where a ((water))
district is proposed to be formed, and where no boundary review board ((has
been)) is established in the county, the petition described
in RCW 57.04.030 shall serve as the notice of proposed action under this
section, and the hearing provided for in RCW 57.04.030 shall serve as the
hearing provided for in this section and in RCW 56.02.070 (as recodified by
this act).
Sec. 106. RCW 56.02.070 and 1988 c
162 s 6 are each amended to read as follows:
In any county where a
boundary review board, as provided in chapter 36.93 RCW, ((has)) is
not ((been)) established, the approval of the proposed action shall be
by the county legislative authority pursuant to RCW ((56.02.060 and))
57.02.040((,)) and shall be final, and the procedures required to
adopt such proposed action shall be followed as provided by law.
In any county where a
boundary review board, as provided in chapter 36.93 RCW, ((has been)) is
established, a notice of intention of the proposed action shall be filed
with the boundary review board as required by RCW 36.93.090 and ((a
copy thereof)) with the county legislative authority. The ((latter))
county legislative authority shall transmit to the boundary review
board a report of its approval or disapproval of the proposed action together
with its findings and recommendations ((thereon)) under ((the
provisions of RCW 56.02.060 and)) 57.02.040. ((If)) Approval by
the county legislative authority ((has approved)) of the proposed
action((, such approval)) shall be final and the procedures required to
adopt ((such)) the proposal shall be followed as provided by law,
unless the boundary review board reviews the action under ((the
provisions of)) RCW 36.93.100 through 36.93.180. If the county legislative
authority ((has)) does not ((approved)) approve the
proposed action, the boundary review board shall review the action under
((the provisions of)) RCW 36.93.150 through 36.93.180. The action
of the boundary review board ((after review of the proposed action))
shall supersede approval or disapproval by the county legislative authority.
Where a ((water or
sewer)) district is proposed to be formed, and where no boundary review
board ((has been)) is established in the county, the
hearings provided for in RCW ((56.04.040 and)) 57.04.030 shall serve as
the hearing provided for in this section((, in RCW 56.02.060,)) and in
RCW 57.02.040.
Sec. 107. RCW 56.02.100 and 1977
ex.s. c 208 s 3 are each amended to read as follows:
The procedures
and provisions of RCW 85.08.830 through 85.08.890, which are applicable to
drainage improvement districts, joint drainage improvement districts, or
consolidated drainage improvement districts ((which)) that desire
to merge into ((an)) irrigation districts, shall also apply to ((sewer))
districts organized, or reorganized, under this title ((which)) that
desire to merge into irrigation districts.
The authority granted
by this section shall be cumulative and in addition to any other power or
authority granted by law to any ((sewer)) district.
Sec. 108. RCW 57.02.050 and 1994 c
223 s 66 are each amended to read as follows:
Whenever the boundaries
or proposed boundaries of a ((water)) district include or are proposed
to include by means of formation, annexation, transfer, withdrawal,
consolidation, or merger (((including merger with a sewer district))),
territory in more than one county((,)):
(1) All duties
delegated by this title ((57 RCW)) to officers of the county in
which the district is located shall be delegated to the officers of the county
in which the largest land area of the district is located, except that elections
shall be conducted pursuant to general election law((,));
(2) Actions
subject to review and approval under RCW 57.02.040 ((and 56.02.070))
shall be reviewed and approved only by the officers or boundary review
board((s)) in the county in which such actions are proposed to occur((,));
(3) Verification
of ((electors')) voters' signatures shall be conducted by the
county ((election officer)) auditor of the county in which such
signators reside((,)); and
(4) Comprehensive
plan review and approval or rejection by the respective county legislative
authorities under RCW 57.16.010 shall be limited to that part of such plans
within the respective counties.
NEW SECTION. Sec.
109. A new section is added
to chapter 57.02 RCW to read as follows:
Elections in a district
shall be conducted under general election laws.
PART II - FORMATION AND
DISSOLUTION
Sec. 201. RCW 57.04.001 and 1989 c
84 s 56 are each amended to read as follows:
Actions taken under this
chapter ((57.04 RCW)) may be subject to potential review by a boundary
review board under chapter 36.93 RCW.
Sec. 202. RCW 57.04.020 and 1982
1st ex.s. c 17 s 9 are each amended to read as follows:
Water-sewer
districts ((for the acquirement, construction, maintenance, operation,
development and regulation of a water supply system and providing for additions
and betterments thereto)) are authorized to be established for the
purposes of chapter 57.08 RCW. Such districts may include within their
boundaries one or more ((incorporated)) counties, cities,
and towns, or other political subdivisions. However, no portion or all of
any city or town may be included without the consent by resolution of the city
or town legislative authority.
Sec. 203. RCW 57.04.030 and 1990 c
259 s 27 are each amended to read as follows:
(1) For the
purpose of formation of water-sewer districts, a petition shall be
presented to the county legislative authority of each county in which the
proposed ((water)) district is located((, which)). The
petition shall set forth the ((object)) reasons for the creation
of the district, ((shall)) designate the boundaries ((thereof and set
forth the further fact)) of the district, and state 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 state the proposed name of the
district, which may be ". . . . . . .
Sewer-Water District," ". . . . . . .
Water District," ". . . . . . . Sewer
District," or may be designated by a number such as
". . . . . . . . County Water-Sewer
District No. . . .." The petition shall specify the
proposed property tax levy assessment, if any, which shall not exceed one
dollar and twenty-five cents per thousand dollars of assessed value, for
general preliminary expenses of the district. The petition shall be signed by
at least ten percent of the registered voters who voted in the last ((general))
municipal general election, who shall be qualified ((electors)) voters
on the date of filing the petition, residing within the district described in
the petition.
The petition shall be
filed with the county auditor of ((each)) the county in which all
or the largest geographic portion of 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)) on
the petition. No person having signed such a petition shall be allowed to
withdraw ((his)) the person's 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)) auditor. If the area
proposed to be included in the district is located in more than one county, the
auditor of the county in which the largest geographic portion of the district
is located shall be the lead auditor and shall immediately transfer a copy of
the petitions to the auditor of each other county in which the proposed
district is located. Within ten days after the lead auditor received the
petition, the auditors of these other counties shall certify to the lead
auditor: (a) The number of voters of that county residing in the proposed
district who voted at the last municipal general election; and (b) the number
of valid signatures on the petition of voters of that county residing in the
proposed district. The lead auditor shall certify the sufficiency of the
petition after receiving this information. If the petition shall be found
to contain a sufficient number of signatures, the county ((election officer))
auditor or lead county auditor shall then transmit ((the same)) it,
together with a certificate of sufficiency attached thereto to the county
legislative authority of each county in which the proposed district is located.
(2) If in the
opinion of the county health officer the existing water, sewerage, or drainage
facilities are inadequate in the district to be created, and creation of the
district is necessary for public health and safety, then the legislative
authority of the county may declare by resolution that a water-sewer district
is a public health and safety necessity, and the district shall be organized
under this title, without a petition being required.
(3) Following
receipt of a petition certified to contain a sufficient number of signatures, or
upon declaring a district to be a public health and safety necessity, at a
regular or special meeting the county legislative authority shall cause to be
published once a week for at least two weeks in one or more 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 it deems to be proper and shall establish and define
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)) that will not, in the judgment of
the county legislative authority, be ((benefited)) benefitted 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. 204. RCW 57.04.050 and 1994 c
292 s 2 are each amended to read as follows:
Upon entry of the
findings of the final hearing on the petition if one or more county legislative
authorities find that the proposed district will be conducive to the public
health, welfare, and convenience and ((be of special)) will
benefit ((to)) the land therein, they shall call a special election by
presenting a resolution to the county auditor at least forty‑five days
prior to the proposed election date. A special election ((will)) shall
be held on a date decided by the commissioners in accordance with RCW ((29.13.010
and)) 29.13.020. The commissioners shall cause to be published a notice of
the election for four successive weeks in a newspaper of general circulation in
the proposed district, which notice shall state the hours during which the
polls will be open, the boundaries of the district as finally adopted and the
object of the election, and the notice shall also be posted ((for)) ten
days in ten public places in the proposed district. In submitting the
proposition to the voters, it shall be expressed on the ballots in the
following terms:
((Water))
. . . . . District........................... YES G
((Water)) . . . . .
District........................... NO G
giving the name of the
district as provided in the petition. The proposition to be effective must
be approved by a majority of the voters voting on the proposition.
At the same election a
proposition shall be submitted to the voters, for their approval or rejection,
authorizing the ((water)) district, if formed, to ((levy at the
earliest time permitted by law)) impose on all property located in
the district a general tax for one year, in excess of the limitations provided
by law, in the amount specified in the petition to create the district, not to
exceed one dollar and twenty-five cents per thousand dollars of assessed value,
for general preliminary expenses of the district((. The proposition may not
appear at the September or November election. The proposition shall)),
that proposition to be expressed on the ballots in the following terms:
One year
. . . . . . dollars and
. . . . . . cents per thousand dollars of assessed
value tax................. YES G
((One year . . . . . . dollars and
. . . . . . cents per thousand dollars of assessed value
tax...... ))NO G
Such a ballot
proposition may only be submitted to voters for their approval or rejection if
the special election is held in February, March, April, or May. The
proposition to be effective must be approved by at least three-fifths of the
voters voting on the proposition in the manner set forth in Article VII,
section 2(a) of the state Constitution ((of this state, as amended by
Amendment 59 and as thereafter amended)).
Sec. 205. RCW 57.04.060 and 1929 c
114 s 5 are each amended to read as follows:
If at ((such)) the
election a majority of the voters voting upon ((such)) the
proposition ((shall)) vote in favor of the formation of ((such)) the
district the ((board of)) county ((commissioners)) legislative
authority shall so declare in its canvass of the returns of ((such))
the election to be made within ten days after the date of the election,
and ((such water)) the district shall then be and become a
municipal corporation of the state of Washington, and the name of ((such
water)) the district shall be ((". . . . . .
Water District" (inserting the name appearing on the ballot))) the
name of the district as provided in the petition and the ballot.
The county's
expenses incurred in the formation of the district, including the election
costs associated with the ballot proposition authorizing the district, election
of the initial commissioners under RCW 57.12.030, and the ballot proposition
authorizing the excess levy, shall be repaid to the county if the district is
formed.
Sec. 206. RCW 57.04.065 and 1984 c
147 s 7 are each amended to read as follows:
Any ((water))
district ((heretofore or hereafter organized and existing)) may apply to
change its name by filing with the county legislative authority in which was
filed the original petition for organization of the district, a certified copy
of a resolution of its board of commissioners adopted by majority vote of all
of the members of ((said)) that board at a regular meeting
thereof providing for such change of name. After approval of the new name by
the county legislative authority, all proceedings for ((such)) the
district((s)) shall be had under ((such)) the changed
name, but all existing obligations and contracts of the district entered into
under its former name shall remain outstanding without change and with the
validity thereof unimpaired and unaffected by such change of name((, and the)).
A change of name heretofore made by any existing ((water)) district
in this state, substantially in the manner ((above)) approved under
this section, is ((hereby)) ratified, confirmed, and validated.
Sec. 207. RCW 57.04.070 and 1985 c
141 s 6 are each amended to read as follows:
Whenever two or more
petitions for the formation of a ((water)) district shall be filed as
provided in this chapter, the petition describing the greater area shall
supersede all others and an election shall first be held thereunder, and no
lesser ((water)) district shall ever be created within the limits in
whole or in part of any ((water)) district, except as provided in RCW ((57.40.150
and)) 36.94.420((, as now or hereafter amended)).
Sec. 208. RCW 56.04.080 and 1941 c
210 s 40 are each amended to read as follows:
All elections held
pursuant to this title, whether general or special, shall be conducted by the
county ((election board)) auditor of the county in which the
district is located. Except as provided in RCW 57.04.060, the expense
of all such elections shall be paid for out of the funds of ((such sewer))
the district.
Sec. 209. RCW 57.04.100 and 1994 c
81 s 80 are each amended to read as follows:
Any ((water))
district ((organized under this title)) may be disincorporated in the
same manner (insofar as the same is applicable) as is provided in RCW 35.07.010
through 35.07.220 for the disincorporation of cities and towns, except that the
petition for disincorporation shall be signed by not less than twenty-five
percent of the voters in the ((water)) district.
Sec. 210. RCW 57.04.110 and 1955 c
358 s 1 are each amended to read as follows:
A ((water))
district whose boundaries are identical with, or if the district is located
entirely within, the boundaries of ((an incorporated)) a city or
town may be dissolved by summary dissolution proceedings if the ((water))
district is free from all debts and liabilities except contractual obligations
between the district and the city or town. Summary dissolution shall
take place if the board of commissioners of the ((water)) district votes
unanimously to dissolve the district and to turn all of its property over to
the city or town within which the district lies, and the council of such
city or town unanimously passes an ordinance accepting the conveyance of
the property and assets of the district tendered to the city or town by
the ((water)) district.
Sec. 211. RCW 56.04.120 and 1991 c
363 s 136 are each amended to read as follows:
(1) On and after March
16, 1979, any sewerage improvement districts created under Title 85 RCW and
located in a county with a population of from forty thousand to less than
seventy thousand shall become ((sewer)) districts and shall be operated,
maintained, and have the same powers as ((sewer)) districts created
under this title ((56 RCW)), upon being so ordered by the county
legislative authority of the county in which such district is located after a
hearing of which notice is given by publication in a newspaper of general
circulation within the district and mailed to any known creditors, holders of
contracts, and obligees at least thirty days prior to such hearing.
After such hearing if the county legislative authority finds the converting of
such district to be in the best interest of that district, it shall order that
such sewer improvement district shall become a ((sewer)) district and
fix the date of such conversion. All debts, contracts, and obligations
created while attempting to organize or operate a sewerage improvement district
and all other financial obligations and powers of the district to satisfy such
obligations established under Title 85 RCW are legal and valid until they are
fully satisfied or discharged under Title 85 RCW.
(2) The board of
supervisors of a sewerage improvement district in a county with a population of
from forty thousand to less than seventy thousand shall act as the board of
commissioners of the ((sewer)) district ((created)) under
subsection (1) of this section until other members of the board of
commissioners of the ((sewer)) district are elected and qualified.
There shall be an election on the same date as the 1979 state general election
and the seats of all three members of the governing authority of every entity
which was previously known as a sewerage improvement district in a county with
a population of from forty thousand to less than seventy thousand shall be up
for election. The election shall be held in the manner provided for in RCW ((56.12.020))
57.12.030 for the election of the first board of commissioners of a ((sewer))
district. Thereafter, the terms of office of the members of the governing body
shall be determined under RCW ((56.12.020)) 57.12.030.
Sec. 212. RCW 56.04.130 and 1979 c
35 s 2 are each amended to read as follows:
Any sewerage
improvement district which has been operating as a sewer district shall be a ((sewer))
district under this title as of March 16, 1979, upon being so ordered by
the ((board of)) county ((commissioners)) legislative
authority of the county in which such district is located after a hearing
of which notice is given by publication in a newspaper of general circulation
within the district and mailed to any known creditors, holders of contracts,
and obligees at least thirty days prior to such hearing. After such hearing if
the ((board of)) county ((commissioners)) legislative
authority finds that the sewerage improvement district was operating as a
((sewer)) district and that the converting of such district will be in
the best interest of that district, it shall order that such sewer improvement
district shall become a ((sewer)) district immediately upon the passage
of the resolution containing such order. The debts, contracts, and
obligations of any sewerage improvement district which has been erroneously
operating as a ((sewer)) district are recognized as legal and binding.
The members of the government authority of any sewerage improvement district
which has been operating as a ((sewer)) district and who were
erroneously elected as sewer district commissioners shall be recognized as the
governing authority of a ((sewer)) district. The members of the
governing authority shall continue in office for the term for which they were
elected.
PART III - POWERS
NEW SECTION. Sec.
301. A district shall have the
following powers:
(1) To acquire by
purchase or condemnation, or both, all lands, property and property rights, and
all water and water rights, both within and without the district, necessary for
its purposes. The right of eminent domain shall be exercised in the same
manner and by the same procedure as provided for cities and towns, insofar as
consistent with this title, except that all assessment or reassessment rolls to
be prepared and filed by eminent domain commissioners or commissioners
appointed by the court shall be prepared and filed by the district, and the
duties devolving upon the city treasurer are imposed upon the county treasurer;
(2) To lease real or
personal property necessary for its purposes for a term of years for which that
leased property may reasonably be needed;
(3) To construct,
condemn and purchase, add to, maintain, and supply waterworks to furnish the
district and inhabitants thereof and any other persons, both within and without
the district, with an ample supply of water for all uses and purposes public
and private with full authority to regulate and control the use, content,
distribution, and price thereof in such a manner as is not in conflict with
general law and may construct, acquire, or own buildings and other necessary
district facilities. Where a customer connected to the district's system uses
the water on an intermittent or transient basis, a district may charge for
providing water service to such a customer, regardless of the amount of water,
if any, used by the customer. District waterworks may include facilities which
result in combined water supply and electric generation, if the electricity
generated thereby is a byproduct of the water supply system. That electricity
may be used by the district or sold to any entity authorized by law to use or
distribute electricity. Electricity is deemed a byproduct when the electrical
generation is subordinate to the primary purpose of water supply. For such
purposes, a district may take, condemn and purchase, acquire, and retain water
from any public or navigable lake, river or watercourse, or any underflowing
water, and by means of aqueducts or pipeline conduct the same throughout the
district and any city or town therein and carry it along and upon public
highways, roads, and streets, within and without such district. For the
purpose of constructing or laying aqueducts or pipelines, dams, or waterworks
or other necessary structures in storing and retaining water or for any other
lawful purpose such district may occupy the beds and shores up to the high
water mark of any such lake, river, or other watercourse, and may acquire by
purchase or condemnation such property or property rights or privileges as may
be necessary to protect its water supply from pollution. For the purposes of
waterworks which include facilities for the generation of electricity as a
byproduct, nothing in this section may be construed to authorize a district to
condemn electric generating, transmission, or distribution rights or facilities
of entities authorized by law to distribute electricity, or to acquire such
rights or facilities without the consent of the owner;
(4) To purchase and
take water from any municipal corporation, private person, or entity. A
district contiguous to Canada may contract with a Canadian corporation for the
purchase of water and for the construction, purchase, maintenance, and supply
of waterworks to furnish the district and inhabitants thereof and residents of
Canada with an ample supply of water under the terms approved by the board of
commissioners;
(5) To construct,
condemn and purchase, add to, maintain, and operate systems of sewers for the
purpose of furnishing the district, the inhabitants thereof, and persons
outside the district with an adequate system of sewers for all uses and
purposes, public and private, including but not limited to on-site sewage
disposal facilities, approved septic tanks or approved septic tank systems,
other facilities and systems for the collection, interception, treatment, and
disposal of wastewater, and for the control of pollution from wastewater and
for the protection, preservation, and rehabilitation of surface and underground
waters, facilities for the drainage and treatment of storm or surface waters,
public highways, streets, and roads with full authority to regulate the use and
operation thereof and the service rates to be charged. Sewage facilities may
include facilities which result in combined sewage disposal, treatment, or
drainage and electric generation, except that the electricity generated thereby
is a byproduct of the system of sewers. Such electricity may be used by the
district or sold to any entity authorized by law to distribute electricity.
Electricity is deemed a byproduct when the electrical generation is subordinate
to the primary purpose of sewage disposal, treatment, or drainage. For such
purposes a district may conduct sewage throughout the district and throughout
other political subdivisions within the district, and construct and lay sewer
pipe along and upon public highways, roads, and streets, within and without the
district, and condemn and purchase or acquire land and rights of way necessary
for such sewer pipe. A district may erect sewage treatment plants within or
without the district, and may acquire, by purchase or condemnation, properties
or privileges necessary to be had to protect any lakes, rivers, or watercourses
and also other areas of land from pollution from its sewers or its sewage
treatment plant. For the purposes of sewage facilities which include
facilities that result in combined sewage disposal, treatment, or drainage and
electric generation where the electric generation is a byproduct, nothing in
this section may be construed to authorize a district to condemn electric
generating, transmission, or distribution rights or facilities of entities
authorized by law to distribute electricity, or to acquire such rights or
facilities without the consent of the owners;
(6) To construct,
condemn, acquire, and own buildings and other necessary district facilities;
(7) To compel all
property owners within the district located within an area served by the
district's system of sewers to connect their private drain and sewer systems
with the district's system under such penalty as the commissioners shall
prescribe by resolution. The district may for such purpose enter upon private
property and connect the private drains or sewers with the district system and
the cost thereof shall be charged against the property owner and shall be a
lien upon property served;
(8) Where a district
contains within its borders, abuts, or is located adjacent to any lake, stream,
ground water as defined by RCW 90.44.035, or other waterway within the state of
Washington, to provide for the reduction, minimization, or elimination of
pollutants from those waters in accordance with the district's comprehensive
plan, and to issue general obligation bonds, revenue bonds, local improvement
district bonds, or utility local improvement bonds for the purpose of paying
all or any part of the cost of reducing, minimizing, or eliminating the
pollutants from these waters;
(9) To fix rates and
charges for water, sewer, and drain service supplied and to charge property
owners seeking to connect to the district's systems, as a condition to granting
the right to so connect, in addition to the cost of the connection, such
reasonable connection charge as the board of commissioners shall determine to
be proper in order that those property owners shall bear their equitable share
of the cost of the system. For the purposes of calculating a connection
charge, the board of commissioners shall determine the pro rata share of the
cost of existing facilities and facilities planned for construction within the
next ten years and contained in an adopted comprehensive plan and other costs
borne by the district which are directly attributable to the improvements
required by property owners seeking to connect to the system. The cost of
existing facilities shall not include those portions of the system which have
been donated or which have been paid for by grants. The connection charge may
include interest charges applied from the date of construction of the system
until the connection, or for a period not to exceed ten years, whichever is
shorter, at a rate commensurate with the rate of interest applicable to the
district at the time of construction or major rehabilitation of the system, or
at the time of installation of the lines to which the property owner is seeking
to connect. A district may permit payment of the cost of connection and the
reasonable connection charge to be paid with interest in installments over a
period not exceeding fifteen years. The county treasurer may charge and
collect a fee of three dollars for each year for the treasurer's services.
Those fees shall be a charge to be included as part of each annual installment,
and shall be credited to the county current expense fund by the county
treasurer. Revenues from connection charges excluding permit fees are to be
considered payments in aid of construction as defined by department of revenue
rule.
Except as otherwise
provided in RCW 90.03.525, any public entity and public property, including the
state of Washington and state property, shall be subject to rates and charges
for sewer, water, storm water control, drainage, and street lighting facilities
to the same extent private persons and private property are subject to those
rates and charges that are imposed by districts. In setting those rates and charges,
consideration may be made of in-kind services, such as stream improvements or
donation of property;
(10) To contract with
individuals, associations and corporations, the state of Washington, and the
United States;
(11) To employ such
persons as are needed to carry out the district's purposes and fix salaries and
any bond requirements for those employees;
(12) To contract for
the provision of engineering, legal, and other professional services as in the
board of commissioner's discretion is necessary in carrying out their duties;
(13) To sue and be
sued;
(14) To loan and borrow
funds and to issue bonds and instruments evidencing indebtedness under chapter
57.20 RCW and other applicable laws;
(15) To transfer funds,
real or personal property, property interests, or services subject to RCW
57.08.015;
(16) To levy taxes in
accordance with this chapter and chapters 57.04 and 57.20 RCW;
(17) To provide for
making local improvements and to levy and collect special assessments on
property benefitted thereby, and for paying for the same or any portion thereof
in accordance with chapter 57.16 RCW;
(18) To establish
street lighting systems under RCW 57.08.060;
(19) To exercise such
other powers as are granted to water-sewer districts by this title or other
applicable laws; and
(20) To exercise any of
the powers granted to cities and counties with respect to the acquisition,
construction, maintenance, operation of, and fixing rates and charges for
waterworks and systems of sewerage and drainage.
NEW SECTION. Sec.
302. Except upon approval of
both districts by resolution, a district may not provide a service within an
area in which that service is available from another district or within an area
in which that service is planned to be made available under an effective comprehensive
plan of another district.
Sec. 303. RCW 57.08.011 and 1989 c
308 s 14 are each amended to read as follows:
A ((water))
district may enter into a contract with any person, corporation, or other
entity, public or private, that owns a water system located in the ((water))
district to manage, operate, maintain, or repair the water system. Such a
contract may be entered into only if the general comprehensive plan of the ((water))
district reflects the water system that is to be so managed, operated,
maintained, or repaired.
A ((water))
district shall be liable to provide the services provided in such a contract
only if the required contractual payments are made to the district, and such
payments shall be secured by a lien on the property served by the water system
to the same extent that rates and charges imposed by the ((water))
district constitute liens on the property served by the district. The
responsibility for all costs incurred by the water system in complying with
water quality laws, regulations, and standards shall be solely that of the
water system and not the ((water)) district, except to the extent
payments have been made to the district for the costs of such compliance.
A ((water))
district periodically may transfer to another account surplus moneys that may
accumulate in an account established by the district to receive payments for
the provision of services for such a water system.
Sec. 304. RCW 57.08.014 and 1983 c
198 s 2 are each amended to read as follows:
In addition to the
authority of a ((water)) district to establish classifications for rates
and charges and impose such rates and charges, ((as provided in RCW
57.08.010 and 57.20.020,)) a ((water)) district may adjust((,))
or delay ((such)) those rates and charges for ((poor)) low-income
persons or classes of ((poor)) low-income persons, including but
not limited to, poor handicapped persons and poor senior citizens. Other
financial assistance available to ((poor)) low-income persons
shall be considered in determining charges and rates under this section.
Notification of special rates or charges established under this section shall
be provided to all persons served by the district annually and upon initiating
service. Information on cost shifts caused by establishment of the special
rates or charges shall be included in the notification. Any reduction in
charges and rates granted to ((poor)) low-income persons in one
part of a service area shall be uniformly extended to ((poor)) low-income
persons in all other parts of the service area.
Sec. 305. RCW 57.08.015 and 1993 c
198 s 19 are each amended to read as follows:
The board of
commissioners of a ((water)) district may sell, at public or private
sale, property belonging to the district if the board determines that the
property is not and will not be needed for district purposes and if the board
gives notice of intention to sell as in this section provided((: PROVIDED,
That)). However, no such notice of intention shall be required to
sell personal property of less than two thousand five hundred dollars in value.
The notice of intention
to sell shall be published once a week for two consecutive weeks in a newspaper
of general circulation in the district. The notice shall describe the property
and state the time and place at which it will be sold or offered for sale, the
terms of sale, whether the property is to be sold at public or private sale,
and if at public sale the notice shall call for bids, fix the conditions ((thereof))
of the bids and ((shall)) reserve the right to reject any and all
bids.
Sec. 306. RCW 57.08.016 and 1993 c
198 s 20 are each amended to read as follows:
(1) There shall be
no private sale of real property where the appraised value exceeds the sum of
two thousand five hundred dollars. Subject to the provisions of subsection
(2) of this section, no real property ((valued at two thousand five hundred
dollars or more)) of the district shall be sold for less than ninety
percent of the value thereof as established by a written appraisal made not
more than six months prior to the date of sale by three disinterested real
estate brokers licensed under the laws of the state or professionally
designated real estate appraisers as defined in RCW 74.46.020. The appraisal
shall be signed by the appraisers and filed with the secretary of the board of
commissioners of the district, who shall keep it at the office of the district
open to public inspection. Any notice of intention to sell real property of
the district shall recite the appraised value thereof((: PROVIDED, That
there shall be no private sale of real property where the appraised value
exceeds the sum of two thousand five hundred dollars)).
(2) If no purchasers
can be obtained for the property at ninety percent or more of its appraised
value after one hundred twenty days of offering the property for sale, the
board of commissioners of the ((water)) district may adopt a resolution
stating that the district has been unable to sell the property at the ninety
percent amount. The ((water)) district then may sell the property at
the highest price it can obtain at public auction. A notice of intention to
sell at public auction shall be published once a week for two consecutive weeks
in a newspaper of general circulation in the ((water)) district. The
notice shall describe the property, state the time and place at which it will
be offered for sale and the terms of sale, and shall call for bids, fix the
conditions thereof, and reserve the right to reject any and all bids.
Sec. 307. RCW 57.08.030 and 1933 c
142 s 2 are each amended to read as follows:
((Should the
commissioners of any such water district decide that it would be to the
advantage of)) (1) Whenever any district shall have installed a
distributing system of water mains and laterals, and as a source of supply of
water shall be purchasing or intending to purchase water from any city or town,
and whenever it appears to be advantageous to the water consumers ((of
such water district to make the conveyance provided for in RCW 57.08.020, they
shall cause the proposition of making such conveyance to be submitted to the
electors of the water district at any general election or at a special election
to be called for the purpose of voting on the same. If at any such election a
majority of the electors voting at such election shall be in favor of making
such conveyance, the water district commissioners)) in the district that
such city or town shall take over the water system of the district and supply
water to those water users, the commissioners of the district, when authorized
as provided in subsection (2) of this section, shall have the right to
convey ((to such city or town the mains and laterals belonging to the water
district upon such city or town entering into a contract satisfactory to the
water commissioners to)) the distributing system to that city or town if
that city or town is willing to accept, maintain, and repair the
same.
(2) Should the
commissioners of the district decide that it would be to the advantage of the
water consumers of the district to make the conveyance provided for in
subsection (1) of this section, they shall cause the proposition of making that
conveyance to be submitted to the voters of the district at any general
election or at a special election to be called for the purpose of voting on the
same. If at the election a majority of the voters voting on the proposition
shall be in favor of making the conveyance, the district commissioners shall
have the right to convey to the city or town the mains and laterals belonging
to the district upon the city or town entering into a contract satisfactory to
the commissioners to maintain and repair the same.
(3) Whenever a city
or town located wholly or in part within a district shall enter into a contract
with the commissioners of a district providing that the city or town shall take
over all of the operation of the facilities of the district located within its
boundaries, the area of the district located within the city or town shall upon
the execution of the contract cease to be served by the district for water
service purposes. However, the affected land within that city or town shall
remain liable for the payment of all assessments, any lien upon the property at
the time of the execution of the agreement, and for any lien of all general
obligation bonds due at the date of the contract, and the city shall remain
liable for its fair prorated share of the debt of the area for any revenue
bonds, outstanding as of the date of contract.
Sec. 308. RCW 57.08.040 and 1933 c
142 s 3 are each amended to read as follows:
Whenever any city or
town is selling or proposes to sell water to a ((water district organized
under the laws of the state of Washington and the provisions of RCW 57.08.020
and 57.08.030 have been complied with, any such)) district, the city
or town may by ordinance accept a conveyance of any ((such))
distributing system and enter into a contract with the ((water))
district for the maintenance and repair of the system and the supplying of
water to the ((water)) district consumers.
Sec. 309. RCW 56.08.060 and 1981 c
45 s 4 are each amended to read as follows:
A ((sewer))
district may enter into contracts with any county, city, town, ((sewer
district, water district,)) or any other municipal corporation, or with any
private person((, firm)) or corporation, for the acquisition, ownership,
use, and operation of any property, facilities, or services, within or without
the ((sewer)) district, and necessary or desirable to carry out
the purposes of the ((sewer district, and a sewer district or a water
district duly authorized to exercise sewer district powers may provide sewer
service)) district. A district may provide water, sewer, drainage, or
street lighting services to property owners in areas within or without the
limits of the district((: PROVIDED, That if any such area)), except
that if the area to be served is located within another existing district
duly authorized to exercise ((sewer)) district powers in ((such))
that area, then water, sewer, drainage, or street lighting
service may not be so provided by contract or otherwise without the consent by
resolution of the board of commissioners of ((such)) that other
district.
Sec. 310. RCW 57.08.047 and 1989 c
84 s 57 are each amended to read as follows:
The provision of water or
sewer service beyond the boundaries of a ((water)) district may be
subject to potential review by a boundary review board under chapter 36.93 RCW.
Sec. 311. RCW 57.08.050 and 1994 c
31 s 2 are each amended to read as follows:
(1) ((The board of
water commissioners shall have authority to create and fill such positions and
fix salaries and bonds thereof as it may by resolution provide.
(2))) All ((materials purchased and)) work
ordered, the estimated cost of which is in excess of five thousand dollars,
shall be let by contract. All contract projects, the estimated cost of which
is less than fifty thousand dollars, may be awarded to a contractor using ((a))
the small works roster process provided in RCW 39.04.155 ((or the
process provided in RCW 39.04.190 for purchases)). The board of ((water))
commissioners may set up uniform procedures to prequalify contractors for
inclusion on the small works roster. All contract projects equal to or in
excess of fifty thousand dollars shall be let by competitive bidding. Before
awarding any such contract the board of ((water)) commissioners shall
publish a notice in a newspaper of general circulation where the district is
located at least once thirteen days before the last date upon which bids will
be received, inviting sealed proposals for such work, plans and specifications
which must at the time of publication of such notice be on file in the office
of the board of ((water)) commissioners subject to the public
inspection. ((Such)) The notice shall state generally the work
to be done and shall call for proposals for doing the same to be sealed and
filed with the board of water commissioners on or before the day and hour named
therein.
(((3))) Each bid
shall be accompanied by a certified or cashier's check or postal money order
payable to the order of the county treasurer for a sum not less than five
percent of the amount of the bid, or accompanied by a bid bond in an amount not
less than five percent of the bid with a corporate surety licensed to do
business in the state, conditioned that the bidder will pay the district as
liquidated damages the amount specified in the bond, unless the bidder enters
into a contract in accordance with ((his or her)) the bidder's
bid, and no bid shall be considered unless accompanied by such check, cash or
bid bond. At the time and place named such bids shall be publicly opened and
read and the board of ((water)) commissioners shall proceed to canvass
the bids and may let such contract to the lowest responsible bidder upon plans
and specifications on file or to the best bidder submitting ((his or her))
the bidder's own plans and specifications((: PROVIDED, That)).
However, no contract shall be let in excess of the cost of the materials or
work. The board of ((water)) commissioners may reject all bids for good
cause and readvertise and in such case all checks, cash or bid bonds shall be
returned to the bidders. If ((such)) the contract ((be)) is
let, then all checks, cash, or bid bonds shall be returned to the
bidders, except that of the successful bidder, which shall be retained until a
contract shall be entered into for ((the purchase of such materials or))
doing ((such)) the work, and a bond to perform such work
furnished with sureties satisfactory to the board of ((water))
commissioners in the full amount of the contract price between the bidder and
the commission in accordance with the bid. If the bidder fails to enter into
the contract in accordance with the bid and furnish ((such)) the
bond within ten days from the date at which the bidder is notified that ((he
or she)) the bidder is the successful bidder, the check, cash,
or bid bonds and the amount thereof shall be forfeited to the ((water))
district((: PROVIDED, That)). If the bidder fails to enter into
a contract in accordance with ((his or her)) the bidder's bid,
and the board of ((water)) commissioners deems it necessary to take
legal action to collect on any bid bond required ((herein)) by this
section, then the ((water)) district shall be entitled to collect
from the bidder any legal expenses, including reasonable attorneys' fees
occasioned thereby.
(((4))) (2)
Any purchase of materials, supplies, or equipment, with an estimated cost in
excess of ten thousand dollars, shall be by contract. Any purchase of
materials, supplies, or equipment, with an estimated cost of from five thousand
dollars to less than fifty thousand dollars shall be made using the process
provided in RCW 39.04.155 or by competitive bidding following the procedure for
letting contracts for projects under subsection (1) of this section. Any
purchase of materials, supplies, or equipment with an estimated cost of fifty
thousand dollars or more shall be made by competitive bidding following the
procedure for letting contracts for projects under subsection (1) of this
section.
(3) In the event
of an emergency when the public interest or property of the ((water))
district would suffer material injury or damage by delay, upon resolution of
the board of ((water)) commissioners, or proclamation of an official
designated by the board to act for the board during such emergencies, declaring
the existence of such emergency and reciting the facts constituting the same,
the board((,)) or official acting for the board((,)) may waive
the requirements of this chapter with reference to any purchase or contract.
In addition, these requirements may be waived for purchases which are clearly
and legitimately limited to a single source of supply and purchases involving
special facilities, services, or market conditions, in which instances the
purchase price may be best established by direct negotiation.
Sec. 312. RCW 57.08.060 and 1987 c
449 s 11 are each amended to read as follows:
(((1))) In
addition to the powers given ((water)) districts by law, ((they))
a district shall also have power to acquire, construct, maintain,
operate, and develop street lighting systems.
(((2))) To
establish a street lighting system, the board of ((water)) commissioners
shall adopt a resolution proposing a street lighting system and delineating the
boundaries of the area to be served by the proposed street lighting system.
The board shall conduct a public hearing on the resolution to create a street
lighting system. Notice of the hearing shall be published at least once each
week for two consecutive weeks in one or more newspapers of general circulation
in the area to be served by the proposed street lighting system. Following the
hearing, the board may by resolution establish the street lighting system.
(((3))) A street
lighting system shall not be established if, within thirty days following the
decision of the board, a petition opposing the street lighting system is filed
with the board and contains the signatures of at least forty percent of the
voters registered in the area to be served by the proposed system.
(((4))) The ((water))
district has the same powers of ((collection for)) imposing charges
for providing street lighting, collecting delinquent street lighting
charges, and financing street lighting systems by issuing general obligation
bonds, issuing revenue bonds, and creating improvement districts as ((the
water district)) it has for ((collection of)) imposing
charges for providing water, collecting delinquent water service charges,
and financing water systems by issuing general obligation bonds, issuing
revenue bonds, and creating improvement districts.
(((5) Any street lighting
system established by a water district prior to March 31, 1982, is declared to
be legal and valid.))
Sec. 313. RCW 57.08.065 and 1981 c
45 s 11 are each amended to read as follows:
((In addition to the
powers now given water districts by law, they)) (1) A district shall
((also)) have power to establish, maintain, and operate a mutual
water ((and)), sewer, drainage, and street lighting system
((or)), a ((separate sewer system within their water district
area in the same manner as provided by law for the doing thereof in connection
with water supply)) mutual system of any two or three of the systems, or
separate systems.
((In addition
thereto, a water district constructing, maintaining and operating a sanitary
sewer system may exercise all the powers permitted to a sewer district under
Title 56 RCW, including, but not limited to, the right to compel connections to
the district's system, liens for delinquent sewer connection charges or sewer
service charges, and all other powers presently exercised by or which may be
hereafter granted to such sewer districts: PROVIDED, That a water district may
not exercise sewer district powers in any area within its boundaries which is
part of an existing district which previously shall have been duly authorized
to exercise sewer district powers in such area without the consent by
resolution of the board of commissioners of such other district: PROVIDED
FURTHER, That no water district shall proceed to exercise the powers herein
granted to establish, maintain, construct and operate any sewer system without
first obtaining written approval and certification of necessity so to do from
the department of ecology and department of social and health services. Any
comprehensive plan for a system of sewers or addition thereto or betterment
thereof shall be approved by the same county and state officials as are
required to approve such plans adopted by a sewer district.
A water district
shall have the power to issue general obligation bonds for sewer system
purposes: PROVIDED, That a proposition to authorize general obligation bonds
payable from excess tax levies for sewer system purposes pursuant to chapter
56.16 RCW shall be submitted to all of the qualified voters within that part of
the water district which is not contained within another existing district duly
authorized to exercise sewer district powers, and the taxes to pay the
principal of and interest on the bonds approved by such voters shall be levied
only upon all of the taxable property within such part of the water district.))
(2) Where any two or
more districts include the same territory as of the effective date of this
section, none of the overlapping districts may provide any service that was
made available by any of the other districts prior to the effective date of
this section within the overlapping territory without the consent by resolution
of the board of commissioners of the other district or districts.
(3) A district that
was a water district prior to the effective date of this section, that did not
operate a sewer system prior to the effective date of this section, may not
proceed to exercise the powers to establish, maintain, construct, and operate
any sewer system without first obtaining written approval and certification of
necessity from the department of ecology and department of health. Any
comprehensive plan for a system of sewers or addition thereto or betterment
thereof proposed by a district that was a water district prior to the effective
date of this section shall be approved by the same county and state officials
as were required to approve such plans adopted by a sewer district immediately
prior to the effective date of this section and as subsequently may be
required.
NEW SECTION. Sec.
314. The commissioners of any
district shall provide for revenues by fixing rates and charges for furnishing
sewer and drainage service to those to whom service is available or for
providing water, such rates and charges to be fixed as deemed necessary by the
commissioners, so that uniform charges will be made for the same class of
customer or service. Rates and charges may be combined for the furnishing of
more than one type of sewer service, such as but not limited to storm or
surface water and sanitary.
In classifying
customers of such water, sewer, or drainage system, the board of commissioners
may in its discretion consider any or all of the following factors: The
difference in cost of service to various customers; the location of the various
customers within and without the district; the difference in cost of
maintenance, operation, repair, and replacement of the various parts of the
system; the different character of the service furnished various customers; the
quantity and quality of the service furnished; the time of its use; the
achievement of water conservation goals and the discouragement of wasteful
practices; capital contributions made to the system including but not limited
to assessments; and any other matters which present a reasonable difference as
a ground for distinction. Rates shall be established as deemed proper by the
commissioners and as fixed by resolution and shall produce revenues sufficient
to take care of the costs of maintenance and operation, revenue bond and
warrant interest and principal amortization requirements, and all other charges
necessary for efficient and proper operation of the system.
The commissioners shall
enforce collection of connection charges, and rates and charges for water
supplied against property owners connecting with the system or receiving such
water, and for sewer and drainage services charged against property to which
and its owners to whom the service is available, such charges being deemed
charges against the property served, by addition of penalties of not more than
ten percent thereof in case of failure to pay the charges at times fixed by
resolution. The commissioners may provide by resolution that where either
connection charges or rates and charges for services supplied are delinquent
for any specified period of time, the district shall certify the delinquencies
to the treasurer of the county in which the real property is located, and the
charges and any penalties added thereto and interest thereon at the rate of not
more than the prime lending rate of the district's bank plus four percentage
points per year shall be a lien against the property upon which the service was
received, subject only to the lien for general taxes.
The district may, at
any time after the connection charges or rates and charges for services
supplied or available and penalties are delinquent for a period of sixty days,
bring suit in foreclosure by civil action in the superior court of the county
in which the real property is located. The court may allow, in addition to the
costs and disbursements provided by statute, attorneys' fees, title search and
report costs, and expenses as it adjudges reasonable. The action shall be in
rem, and may be brought in the name of the district against an individual or
against all of those who are delinquent in one action. The laws and rules of
the court shall control as in other civil actions.
In addition to the
right to foreclose provided in this section, the district may also cut off all
or part of the service after charges for water or sewer service supplied or
available are delinquent for a period of sixty days.
Sec. 315. RCW 56.08.012 and 1986 c
278 s 59 are each amended to read as follows:
Except as otherwise
provided in RCW 90.03.525, any public entity and public property, including ((the))
state of Washington ((and state)) property, shall be subject to rates
and charges for storm water control facilities to the same extent as
private persons and private property are subject to such rates and charges that
are imposed by ((sewer)) districts pursuant to ((RCW 56.08.010 or
56.16.090)) section 301 or 314 of this act. In setting ((these))
those rates and charges, consideration may be ((made of)) given
to in-kind services, such as stream improvements or donation of property.
Sec. 316. RCW 57.08.100 and 1991
sp.s. c 30 s 25 are each amended to read as follows:
Subject to chapter
48.62 RCW, a ((water)) district, by a majority vote of its board of
commissioners, may enter into contracts to provide health care services and/or
group insurance and/or term life insurance and/or social security insurance for
the benefit of its employees and may pay all or any part of the cost thereof.
Any two or more ((water)) districts ((or any one or more water
districts and one or more sewer districts)), by a majority vote of their
respective boards of commissioners, may, if deemed expedient, join in the
procuring of such health care services and/or group insurance and/or term life
insurance, and the board of commissioners of ((each)) a
participating ((sewer and/or water)) district may by appropriate
resolution authorize ((their)) its respective district to pay all
or any portion of the cost thereof.
A ((water))
district with five thousand or more customers providing health, group, or life
insurance to its employees may provide its commissioners with the same
coverage((: PROVIDED, That)). However, the per person amounts
for such insurance paid by the district shall not exceed the per person amounts
paid by the district for its employees.
Sec. 317. RCW 57.08.105 and 1973 c
125 s 7 are each amended to read as follows:
The board of ((water))
commissioners of each ((water)) district may purchase liability
insurance with such limits as ((they)) it may deem reasonable for
the purpose of protecting ((their)) its officials and employees
against liability for personal or bodily injuries and property damage arising
from their acts or omissions while performing or in good faith purporting to
perform their official duties.
Sec. 318. RCW 57.08.110 and 1995 c
301 s 76 are each amended to read as follows:
To improve the
organization and operation of ((water)) districts, the commissioners of
two or more such districts may form an association thereof, for the purpose of
securing and disseminating information of value to the members of the
association and for the purpose of promoting the more economical and efficient
operation of the comprehensive plans of water supply and sewage treatment
and disposal in their respective districts. The commissioners of ((water))
districts so associated shall adopt articles of association, select such
officers as they may determine, and employ and discharge such agents and
employees as shall be deemed convenient to carry out the purposes of the
association. ((Water)) District commissioners and employees are
authorized to attend meetings of the association. The expenses of ((the))
an association may be paid from the maintenance or general funds of the
associated districts in such manner as shall be provided in the articles of
association((: PROVIDED, That)). However, the aggregate
contributions made to ((the)) an association by ((the)) a
district in any calendar year shall not exceed the amount ((which)) that
would be raised by a levy of two and one-half cents per thousand dollars of
assessed value against the taxable property of the district. The financial
records of such an association shall be subject to audit by the state
auditor.
Sec. 319. RCW 57.08.120 and 1991 c
82 s 6 are each amended to read as follows:
A ((water))
district may lease out real property which it owns or in which it has an
interest and which is not immediately necessary for its purposes upon such
terms as the board of ((water)) commissioners deems proper((: PROVIDED,
That)). No such lease shall be made until the ((water))
district has first caused notice thereof to be published twice in a newspaper
in general circulation in the ((water)) district, the first publication
to be at least fifteen days and the second at least seven days prior to the
making of such lease((, which)). The notice shall describe the
property ((proposed to be leased out, to whom, for what purpose, and the
rental to be charged therefor)), the lessee, and the lease payments.
A hearing shall be held pursuant to the terms of the ((said)) notice, at
which time any and all persons who may be interested shall have the right to
appear and to be heard.
No such lease shall be
((for a period longer than twenty-five years, and each lease of real property
shall be)) made unless secured by a bond conditioned ((to perform))
on the performance of the terms of ((such)) the lease,
with surety satisfactory to the commissioners((, in a penalty not less than
the rental for one-sixth of the term: PROVIDED, That the penalty shall not be
less than the rental for one year where the term is one year or more. In a
lease, the term of which exceeds five years, and when at the option of the
commissioners, it is so stipulated in the lease, the commission shall accept,
with surety satisfactory to it,)) and with a penalty of not less than
one-sixth of the term of the lease or for one year's rental, whichever is
greater.
No such lease shall
be made for a term longer than twenty-five years. In cases involving leases of
more than five years, the commissioners may provide for or stipulate to
acceptance of a bond conditioned ((to perform the terms of the lease for
some part of the term, in no event less than five years (unless the remainder
of the unexpired term is less than five years, in which case for the full
remainder) and in every such case the commissioners shall require of the
lessee, another or other like bond to be delivered within two years, and not))
on the performance of a part of the term for five years or more whenever it
is further provided that the lessee must procure and deliver to the
commissioners renewal bonds with like terms and conditions no more than two
years prior nor less than one year prior to the expiration of ((the
period covered by the existing bond, covering an additional part of the term in
accordance with the foregoing provisions in respect to the original bond, and
so on until the end of the term so that there will always be in force a bond
securing the performance of the lease, and the penalty in each bond shall be
not less than the rental for one-half the period covered thereby, but no)) such
bond during the entire term of the lease. However, no such bond shall be
construed to secure the furnishing of any other bond by the same surety or
indemnity company. ((However,)) The board of commissioners
may require a reasonable security deposit in lieu of a bond on leased ((real))
property owned by a ((water)) district.
The commissioners may
accept as surety on any bond required by this section((, either)) an
approved surety company ((or one or more persons satisfactory to the
commissioners, or in lieu of such bond may accept a deposit as security of such
property or collateral or the giving of such other form of security as may be
satisfactory to the commissioners)), or may accept in lieu thereof a
secured interest in property of a value at least twice the amount of the bond
required, conditioned further that in the event the commissioners determine
that the value of the bond security has become or is about to become impaired,
additional security shall be required from the lessee.
The authority
granted under this section shall not be exercised by the board of commissioners
unless the property is declared by resolution of the board of commissioners to
be property for which there is a future need by the district and for the use of
which provision is made in the comprehensive plan of the district as the same
may be amended from time to time.
Sec. 320. RCW 57.08.140 and 1971
ex.s. c 243 s 8 are each amended to read as follows:
The provisions of RCW
57.08.015, 57.08.016, and 57.08.120 ((and 57.08.130)) shall have
no application as to the sale or conveyance of real or personal property or any
interest or right therein by a ((water)) district to the county or park
and recreation district wherein such property is located for park and
recreational purposes, but in ((such)) those cases the provisions
of RCW 39.33.060 shall govern.
Sec. 321. RCW 57.08.017 and 1986 c
244 s 16 are each amended to read as follows:
RCW 57.08.015,
57.08.016, 57.08.050, and 57.08.120((, and 57.08.130)) shall not
apply to agreements entered into under authority of chapter 70.150 RCW ((provided))
if there is compliance with the procurement procedure under RCW
70.150.040.
Sec. 322. RCW 57.08.180 and 1995 c
376 s 15 are each amended to read as follows:
It is unlawful and a
misdemeanor to make, or cause to be made, or to maintain any connection with
any sewer or water system of any ((water)) district, or with any sewer
or water system which is connected directly or indirectly with any sewer or
water system of any ((water)) district without having permission from
the ((water)) district.
Sec. 323. RCW 57.08.150 and 1987 c
309 s 4 are each amended to read as follows:
A ((water))
district may not require that a specified engineer prepare plans or designs for
extensions to its systems if the extensions are to be financed and constructed
by a private party, but may review, and approve or reject, the plans or designs
which have been prepared for such a private party based upon standards and
requirements established by the ((water)) district.
Sec. 324. RCW 57.08.160 and 1989 c
421 s 5 are each amended to read as follows:
Any district is hereby
authorized, within limits established by the Constitution of the state of
Washington, to assist the owners of structures in financing the acquisition and
installation of fixtures, systems, and equipment, for compensation or
otherwise, for the conservation or more efficient use of water in the
structures under a water conservation plan adopted by the district if the cost
per unit of water saved or conserved by the use of the fixtures, systems, and
equipment is less than the cost per unit of water supplied by the next least
costly new water source available to the district to meet future demand.
Except where otherwise authorized, assistance shall be limited to:
(1) Providing an
inspection of the structure, either directly or through one or more inspectors
under contract, to determine and inform the owner of the estimated cost of
purchasing and installing conservation fixtures, systems, and equipment for
which financial assistance will be approved and the estimated life cycle
savings to the water system and the consumer that are likely to result from the
installation of the fixtures, systems, or equipment;
(2) Providing a list of
businesses that sell and install the fixtures, systems, and equipment within or
in close proximity to the service area of the city or town, each of which
businesses shall have requested to be included and shall have the ability to
provide the products in a workmanlike manner and to utilize the fixtures,
systems, and equipment in accordance with the prevailing national standards;
(3) Arranging to have
approved conservation fixtures, systems, and equipment installed by a private
contractor whose bid is acceptable to the owner of the structure and verifying
the installation; and
(4) Arranging or
providing financing for the purchase and installation of approved conservation
fixtures, systems, and equipment. The fixtures, systems, and equipment shall
be purchased or installed by a private business, the owner, or the utility.
Pay back shall be in
the form of incremental additions to the utility bill, billed either together
with the use charge or separately. Loans shall not exceed one hundred
twenty months in length.
Sec. 325. RCW 57.08.170 and 1991 c
82 s 7 are each amended to read as follows:
A ((water))
district may adopt a water conservation plan and emergency water use
restrictions. The district may enforce a water conservation plan and emergency
water use restrictions by imposing a fine as provided by resolution for failure
to comply with any such plan or restrictions. The commissioners may provide by
resolution that if a fine for failure to comply with the water conservation
plan or emergency water use restrictions is delinquent for a specified period
of time, the district shall certify the delinquency to the treasurer of the
county in which the real property is located and serve notice of the
delinquency on the subscribing water customer who fails to comply, and the fine
is then a separate item for inclusion on the bill of the party failing to
comply with the water conservation plan or emergency water use restrictions.
NEW SECTION. Sec.
326. Sections 301, 302, and
314 of this act are each added to chapter 57.08 RCW.
PART IV - OFFICERS AND ELECTIONS
Sec. 401. RCW 57.12.010 and 1985 c
330 s 6 are each amended to read as follows:
The governing body of a
district shall be a board of ((water)) commissioners consisting of three
members, or five members as provided in RCW 57.12.015, or more, as provided
in the event of merger or consolidation. The board shall annually elect
one of its members as president and another as secretary.
The board shall by
resolution adopt rules governing the transaction of its business and shall
adopt an official seal. All proceedings shall be by resolution recorded in a
book kept for that purpose which shall be a public record.
A district shall
provide by resolution for the payment of compensation to each of its
commissioners at a rate of fifty dollars for each day or portion thereof
devoted to the business of the district((: PROVIDED, That)).
However the compensation for each commissioner shall not exceed four
thousand eight hundred dollars per year. In addition, the secretary may be
paid a reasonable sum for clerical services.
Any commissioner may
waive all or any portion of his or her compensation payable under this section
as to any month or months during ((his or her)) the commissioner's
term of office, by a written waiver filed with the district ((as provided in
this section. The waiver, to be effective, must be filed)) at any
time after the commissioner's election and prior to the date on which the
compensation would otherwise be paid. The waiver shall specify the month or
period of months for which it is made.
No commissioner shall
be employed full time by the district. ((Each)) A commissioner
shall be reimbursed for reasonable expenses actually incurred in connection
with ((such)) district business, including ((his))
subsistence and lodging((,)) while away from the commissioner's place of
residence and mileage for use of a privately-owned vehicle at the mileage rate
authorized in RCW 43.03.060 ((as now existing or hereafter amended)).
((The date for
holding elections and taking office as herein provided shall be subject to the
provisions of any consolidated election laws that may be made applicable
thereto although previously enacted.))
Sec. 402. RCW 57.12.015 and 1994 c
223 s 67 are each amended to read as follows:
(1) In the event
a three-member board of commissioners of any ((water)) district with any
number of customers determines by resolution that it would be in the best
interest of the district to increase the number of commissioners from three to
five, or ((in the event)) if the board of a district with any
number of customers is presented with a petition signed by ten percent of the
registered voters resident within the district who voted in the last general
municipal election calling for an increase in the number of commissioners of
the district, the board shall submit a resolution to the county auditor
requesting that an election be held. Upon receipt of the resolution, the
county auditor shall call a special election to be held within the ((water))
district ((in accordance with RCW 29.13.010 and 29.13.020)), at which
election a proposition in substantially the following language shall be
submitted to the voters:
Shall
the Board of Commissioners of (name and/or ((No.))
number of ((water)) district) be increased from three to
five members?
Yes . . . . .
No . . . . .
If the proposition receives
a majority approval at the election the board of commissioners of the ((water))
district shall be increased to five members.
(2) In any ((water))
district with more than ten thousand customers, if a three-member board of
commissioners determines by resolution that it would be in the best interest of
the district to increase the number of commissioners from three to five, the
number of commissioners shall be so increased without an election, unless
within ninety days of adoption of that resolution a petition requesting an
election and signed by at least ten percent of the registered voters who voted
in the last ((general)) municipal general election is filed with
the board. If such a petition is received, the board shall submit the
resolution and the petition to the county auditor, who shall call a special
election in the manner described in this section ((and in accordance with
the provisions of RCW 29.13.010 and 29.13.020)).
(3) The two additional
positions created on boards of ((water)) commissioners by this section
shall be filled initially ((either)) as for a vacancy ((or by
nomination under RCW 57.12.039)), except that the appointees ((or newly
elected commissioners)) shall draw lots, one appointee to serve until the
next ((general water)) district general election after the
appointment, at which two commissioners shall be elected for six-year terms,
and the other appointee to serve until the second ((general water))
district general election after the appointment, at which two
commissioners shall be elected for six-year terms.
Sec. 403. RCW 57.12.030 and 1994 c
223 s 69 are each amended to read as follows:
((Water district
elections shall be held in accordance with the general election laws of this
state.))
Except as in this
section otherwise provided, the term of office of each ((water))
district commissioner shall be six years, such term to be computed from the
first day of January following the election, and commissioners shall serve
until their successors are elected and qualified and assume office in
accordance with RCW 29.04.170.
Three ((water)) initial
district commissioners shall be elected at the same election at which the
proposition is submitted to the voters as to whether such ((water))
district shall be formed. The election of ((water)) initial
district commissioners shall be null and void if the ballot proposition to form
the ((water)) district is not approved. Each candidate shall run for
one of three separate commissioner positions. A special filing period shall be
opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the
greatest number of votes for each position shall be elected to that position.
The ((newly elected
water)) initial district commissioners shall assume office
immediately when they are elected and qualified. Staggering of the terms of
office for the ((new water)) initial district commissioners shall
be accomplished as follows: (1) The person who is elected receiving the
greatest number of votes shall be elected to a six-year term of office if the
election is held in an odd-numbered year or a five-year term of office if the
election is held in an even-numbered year; (2) the person who is elected
receiving the next greatest number of votes shall be elected to a four-year
term of office if the election is held in an odd-numbered year or a three-year
term of office if the election is held in an even-numbered year; and (3) the
other person who is elected shall be elected to a two-year term of office if
the election is held in an odd-numbered year or a one-year term of office if
the election is held in an even-numbered year. The terms of office shall be
calculated from the first day of January after the election.
Thereafter,
commissioners shall be elected to six-year terms of office. Commissioners
shall serve until their successors are elected and qualified and assume office
in accordance with RCW 29.04.170.
Sec. 404. RCW 57.12.039 and 1994 c
223 s 70 are each amended to read as follows:
(1) Notwithstanding RCW
57.12.020 and 57.12.030, the board of commissioners may provide by majority
vote that subsequent commissioners be elected from commissioner districts
within the district. If the board exercises this option, it shall divide the
district into three, or five if the number of commissioners has been increased
under RCW 57.12.015, commissioner districts of approximately equal population
following current precinct and district boundaries.
(2) Commissioner
districts shall be used as follows: (a) Only a registered voter who resides in
a commissioner district may be a candidate for, or serve as, a commissioner of
the commissioner district; and (b) only voters of a commissioner district may
vote at a primary to nominate candidates for a commissioner of the commissioner
district. Voters of the entire ((water)) district may vote at a general
election to elect a person as a commissioner of the commissioner district.
Commissioner districts shall be redrawn as provided in chapter 29.70 RCW.
(3) In ((water))
districts in which commissioners are nominated from commissioner districts, at
the inception of a five-member board of commissioners, the new commissioner
districts shall be numbered one through five and the three incumbent
commissioners shall represent commissioner districts one through three. If, as
a result of redrawing the district boundaries two or three of the incumbent commissioners
reside in one of the new commissioner districts, the commissioners who reside
in the same commissioner district shall determine by lot which of the first
three numbered commissioner districts they shall represent for the remainder of
their respective terms. A primary shall be held to nominate candidates from
districts four and five where necessary and commissioners shall be elected at
large at the general election. The persons elected as commissioners from
commissioner districts four and five shall take office immediately after
qualification as defined under RCW 29.01.135.
Sec. 405. RCW 57.12.020 and 1994 c
223 s 68 are each amended to read as follows:
A vacancy on the board
shall occur and shall be filled as provided in chapter 42.12 RCW. In
addition, if a commissioner is absent from three consecutive scheduled meetings
unless by permission of the board, the office may be declared vacant. However,
such an action shall not be taken unless the commissioner is notified by mail
after two consecutive unexcused absences that the position will be declared
vacant if the commissioner is absent without being excused from the next
regularly scheduled meeting.
PART V - COMPREHENSIVE PLANS
Sec. 501. RCW 57.16.010 and 1990
1st ex.s. c 17 s 35 are each amended to read as follows:
((The water district
commissioners)) Before ordering any improvements ((hereunder))
or submitting to vote any proposition for incurring any indebtedness, the
district commissioners shall adopt a general comprehensive plan ((of
water supply for the district. They)) for the type or types of
facilities the district proposes to provide. A district may prepare a separate
general comprehensive plan for each of these services and other services that
districts are permitted to provide, or the district may combine any or all of
its comprehensive plans into a single general comprehensive plan.
(1) For a general
comprehensive plan of a water supply system, the commissioners shall investigate
the several portions and sections of the district for the purpose of
determining the present and reasonably foreseeable future needs thereof; shall
examine and investigate, determine, and select a water supply or water
supplies for such district suitable and adequate for present and reasonably
foreseeable future needs thereof; and shall consider and determine a general
system or plan for acquiring such water supply or water supplies((;)),
and the lands, waters, and water rights and easements necessary
therefor, and for retaining and storing any such waters, and erecting
dams, reservoirs, aqueducts, and pipe lines to convey the same
throughout such district. There may be included as part of the system the
installation of fire hydrants at suitable places throughout the district((,
and the purchase and maintenance of necessary fire fighting equipment and
apparatus, together with facilities for housing same)). The ((water
district)) commissioners shall determine a general comprehensive plan for
distributing such water throughout such portion of the district as may then
reasonably be served by means of subsidiary aqueducts and pipe lines, and a
long-term plan for financing the planned projects and the method of
distributing the cost and expense thereof ((against such water district and
against local improvement districts or utility local improvement districts
within such water district for any lawful purpose, and)), including
((any such)) the creation of local improvement districts
or utility local improvement districts ((lying wholly or partially
within the limits of any city or town in such district)), and shall
determine whether the whole or part of the cost and expenses shall be paid from
((water)) revenue or general obligation bonds. ((After July
23, 1989, when the district adopts a general comprehensive plan or plans for an
area annexed as provided for in RCW 57.16.010, the district shall include a
long-term plan for financing the planned projects. The commissioners may
employ such engineering and legal service as in their discretion is necessary
in carrying out their duties.
The)) (2) For a general comprehensive plan for a
sewer system, the commissioners shall investigate all portions and sections of
the district and select a general comprehensive plan for a sewer system for the
district suitable and adequate for present and reasonably foreseeable future
needs thereof. The general comprehensive plan shall provide for treatment
plants and other methods for the disposal of sewage and industrial and other
liquid wastes now produced or which may reasonably be expected to be produced
within the district and shall, for such portions of the district as may then
reasonably be served, provide for the acquisition or construction and
installation of laterals, trunk sewers, intercepting sewers, syphons, pumping
stations or other sewage collection facilities, septic tanks, septic tank
systems or drainfields, and systems for the transmission and treatment of
wastewater. The general comprehensive plan shall provide a long-term plan for
financing the planned projects and the method of distributing the cost and expense
of the sewer system, including the creation of local improvement districts or
utility local improvement districts; and provide whether the whole or some part
of the cost and expenses shall be paid from revenue or general obligation
bonds.
(3) For a general
comprehensive plan for a drainage system, the commissioners shall investigate
all portions and sections of the district and adopt a general comprehensive
plan for a drainage system for the district suitable and adequate for present
and future needs thereof. The general comprehensive plan shall provide for a
system to collect, treat, and dispose of storm water or surface waters,
including use of natural systems and the construction or provision of culverts,
storm water pipes, ponds, and other systems. The general comprehensive plan
shall provide for a long-term plan for financing the planned projects and
provide for a method of distributing the cost and expense of the drainage
system, including local improvement districts or utility local improvement districts,
and provide whether the whole or some part of the cost and expenses shall be
paid from revenue or general obligation bonds.
(4) For a general
comprehensive plan for street lighting, the commissioners shall investigate all
portions and sections of the district and adopt a general comprehensive plan
for street lighting for the district suitable and adequate for present and
future needs thereof. The general comprehensive plan shall provide for a
system or systems of street lighting, provide for a long-term plan for
financing the planned projects, and provide for a method of distributing the
cost and expense of the street lighting system, including local improvement
districts or utility local improvement districts, and provide whether the whole
or some part of the cost and expenses shall be paid from revenue or general
obligation bonds.
(5) The
commissioners may employ such engineering and legal service as in their
discretion is necessary in carrying out their duties.
(6) Any general
comprehensive plan or plans shall be adopted by resolution and submitted
to an engineer designated by the legislative authority of the county in which
fifty-one percent or more of the area of the district is located, and to the
director of health of the county in which the district or any portion thereof
is located, and must be approved in writing by the engineer and director of
health, except that a comprehensive plan relating to street lighting shall
not be submitted to or approved by the director of health. The general
comprehensive plan shall be approved, conditionally approved, or rejected by
the director of health ((within sixty days of the plan's receipt)) and
by the designated engineer within sixty days of ((the plan's receipt)) their
respective receipt of the plan. However, this sixty-day time limitation
may be extended by the director of health or engineer for up to an additional
sixty days if sufficient time is not available to review adequately the general
comprehensive plans.
Before becoming
effective, the general comprehensive plan shall also be submitted to, and
approved by resolution of, the legislative authority of every county within
whose boundaries all or a portion of the ((water)) district lies. The
general comprehensive plan shall be approved, conditionally approved, or
rejected by each of ((these)) the county legislative authorities
pursuant to the criteria in RCW 57.02.040 for approving the formation,
reorganization, annexation, consolidation, or merger of ((water))
districts((, and)). The resolution, ordinance, or motion of the
legislative body ((which)) that rejects the comprehensive plan or
a part thereof shall specifically state in what particular the comprehensive
plan or part thereof rejected fails to meet these criteria. The general comprehensive
plan shall not provide for the extension or location of facilities that are
inconsistent with the requirements of RCW 36.70A.110. Nothing in this chapter
shall preclude a county from rejecting a proposed plan because it is in
conflict with the criteria in RCW 57.02.040. Each general comprehensive plan
shall be deemed approved if the county legislative authority fails to reject or
conditionally approve the plan within ninety days of the plan's submission to
the county legislative authority or within thirty days of a hearing on the plan
when the hearing is held within ninety days of submission to the county
legislative authority. However, a county legislative authority may extend this
ninety-day time limitation by up to an additional ninety days where a finding
is made that ninety days is insufficient to review adequately the general
comprehensive plan. In addition, the ((water)) commissioners and the
county legislative authority may mutually agree to an extension of the
deadlines in this section.
If the district
includes portions or all of one or more cities or towns, the general
comprehensive plan shall be submitted also to, and approved by resolution of,
the ((governing bodies of such)) legislative authorities of the
cities and towns before becoming effective. The general comprehensive plan
shall be deemed approved by the city or town ((governing body)) legislative
authority if the city or town ((governing body)) legislative
authority fails to reject or conditionally approve the plan within ninety
days of the plan's submission to the city or town or within thirty days of a
hearing on the plan when the hearing is held within ninety days of submission
to the county legislative authority. However, a city or town ((governing
body)) legislative authority may extend this time limitation by up
to an additional ninety days where a finding is made that insufficient time
exists to adequately review the general comprehensive plan within these time
limitations. In addition, the ((sewer [water])) commissioners and the
city or town ((governing body)) legislative authority may
mutually agree to an extension of the deadlines in this section.
Before becoming
effective, the general comprehensive plan shall be approved by any state
agency whose approval may be required by applicable law. Before becoming
effective, any amendment to, alteration of, or addition to, a general
comprehensive plan shall also be subject to such approval as if it were a new
general comprehensive plan((: PROVIDED, That)). However, only
if the amendment, alteration, or addition affects a particular city or town,
shall the amendment, alteration, or addition be subject to approval by
such particular city or town governing body.
Sec. 502. RCW 56.08.030 and 1953 c
250 s 5 are each amended to read as follows:
No expenditure for
carrying on any part of ((such)) a general comprehensive plan
shall be made other than the necessary salaries of engineers, clerical, ((and))
office expenses, and other professional expenses of the district, and
the cost of engineering, surveying, preparation, and collection of data
necessary for making and adopting a general plan of improvements in the
district, until the general comprehensive plan of improvements has been
adopted by the commissioners and approved as provided in RCW ((56.08.020))
57.16.010.
NEW SECTION. Sec.
503. A new section is added
to Title 57 RCW to read as follows:
Whenever an area has
been annexed to a district after the adoption of a general comprehensive plan,
the commissioners shall adopt by resolution a plan for additions and
betterments to the original comprehensive plan to provide for the needs of the
area annexed.
Sec. 504. RCW 57.16.140 and 1982 c
213 s 4 are each amended to read as follows:
The construction of or
existence of sewer capacity or water supply ((capacity)) in
excess of the needs of the density allowed by zoning shall not be grounds for
any legal challenge to any zoning decision by the county.
PART VI - IMPROVEMENT DISTRICTS
Sec. 601. RCW 57.16.050 and 1987 c
169 s 2 are each amended to read as follows:
(1) A district may
establish local improvement districts within its territory; levy special
assessments ((under the mode of)) and allow annual installments on
the special assessments, together with interest thereon, extending over a
period not exceeding twenty years, on all property specially benefited by a
local improvement, on the basis of special benefits to pay in whole or in part
the damage or costs of any improvements ordered in the district; and issue
local improvement bonds in the local improvement district to be repaid by the
collection of special assessments. ((Such)) The bonds may be of
any form, including bearer bonds or registered bonds as provided in RCW
39.46.030. The levying, collection, and enforcement of ((such))
special assessments and the issuance of bonds shall be as provided for
the levying, collection, and enforcement of special assessments and the
issuance of local improvement district bonds by cities and towns insofar as is
consistent ((herewith)) with this title. The duties devolving
upon the city or town treasurer are ((hereby)) imposed upon the county
treasurer of the county in which the real property is located for the purposes
hereof. The mode of assessment shall be determined by the ((water))
commissioners by resolution.
((When in)) (2)
A district may establish a utility local improvement district, in lieu of a
local improvement district, if the petition or resolution for ((the
establishment of a)) establishing the local improvement district,
and ((in)) the approved comprehensive plan or approved amendment thereto
or plan providing for additions and betterments to the original plan,
previously adopted, ((it is provided)) provides that, except as
set forth in this section, the special assessments shall be for the ((sole))
purpose of payment of improvements and payment into the revenue bond
fund for the payment of revenue bonds((, then the local improvement district
shall be designated as a "utility local improvement district.")).
No warrants or bonds shall be issued in a utility local improvement district,
but the collection of interest and principal on all special assessments in the
utility local improvement district shall be paid into the revenue bond fund,
except that special assessments paid before the issuance and sale of bonds may
be deposited in a fund for the payment of costs of improvements in the utility
local improvement district. Revenue bonds shall be issued using the
procedures by which cities and towns issue revenue bonds, insofar as is
consistent with this title.
(((2))) Such revenue
bonds may also be issued and sold in accordance with chapter 39.46 RCW.
Sec. 602. RCW 57.16.060 and 1991 c
190 s 7 are each amended to read as follows:
Local improvement
districts or utility local improvement districts to carry out the whole or any
portion of the general comprehensive plan of improvements or plan providing for
additions and betterments to ((the)) an original general
comprehensive plan previously adopted may be initiated either by resolution of
the board of ((water)) commissioners or by petition signed by the owners
according to the records of the office of the applicable county auditor of at
least fifty-one percent of the area of the land within the limits of the ((local))
improvement district to be created.
In case the board of ((water))
commissioners desires to initiate the formation of ((a local improvement
district or a utility local)) an improvement district by resolution,
it first shall ((first)) pass a resolution declaring its
intention to order ((such)) the improvement, setting forth the
nature and territorial extent of such proposed improvement, designating the
number of the proposed ((local improvement district or utility local))
improvement district, and describing the boundaries thereof, stating the
estimated cost and expense of the improvement and the proportionate amount
thereof which will be borne by the property within the proposed improvement
district, and fixing a date, time, and place for a public hearing on the
formation of the proposed ((local)) improvement district.
In case any such ((local
improvement district or utility local)) improvement district is initiated
by petition, ((such)) the petition shall set forth the nature and
territorial extent of the proposed improvement requested to be ordered and the
fact that the signers thereof are the owners according to the records of the
applicable county auditor of at least fifty-one percent of the area of land
within the limits of the ((local improvement district or utility local))
improvement district to be created. Upon the filing of such petition the board
shall determine whether the petition is sufficient, and the board's
determination thereof shall be conclusive upon all persons. No person may
withdraw his or her name from the petition after it has been filed with the
board of ((water)) commissioners. If the board finds the petition to be
sufficient, it shall proceed to adopt a resolution declaring its intention to
order the improvement petitioned for, setting forth the nature and territorial
extent of the improvement, designating the number of the proposed ((local))
improvement district and describing the boundaries thereof, stating the
estimated cost and expense of the improvement and the proportionate amount
thereof which will be borne by the property within the proposed ((local))
improvement district, and fixing a date, time, and place for a public
hearing on the formation of the proposed ((local)) improvement
district.
Notice of the adoption
of the resolution of intention, whether the resolution was adopted on the
initiative of the board or pursuant to a petition of the property owners, shall
be published in at least two consecutive issues of a newspaper of general
circulation in the proposed ((local)) improvement district, the
date of the first publication to be at least fifteen days prior to the date
fixed by such resolution for hearing before the board of ((water))
commissioners. Notice of the adoption of the resolution of intention shall
also be given each owner or reputed owner of any lot, tract, parcel of land, or
other property within the proposed improvement district by mailing the notice
at least fifteen days before the date fixed for the public hearing to the owner
or reputed owner of the property as shown on the tax rolls of the county ((treasurer))
auditor of the county in which the real property is located at the
address shown thereon. Whenever such notices are mailed, the ((water))
commissioners shall maintain a list of ((such)) the reputed
property owners, which list shall be kept on file at a location within the ((water))
district and shall be made available for public perusal. The notices shall
refer to the resolution of intention and designate the proposed improvement
district by number. The notices also shall ((also)) set forth
the nature of the proposed improvement, the total estimated cost, the
proportion of total cost to be borne by assessments, and the date, time,
and place of the hearing before the board of ((water)) commissioners.
In the case of improvements initiated by resolution, the notice also
shall ((also)): (1) State that all persons desiring to object to the
formation of the proposed district must file their written protests with the
secretary of the board of ((water)) commissioners no later than ten days
after the public hearing; (2) state that if owners of at least forty percent of
the area of land within the proposed improvement district file written
protests with the secretary of the board, the power of the ((water))
commissioners to proceed with the creation of the proposed improvement
district shall be divested; (3) provide the name and address of the secretary
of the board; and (4) state the hours and location within the ((water))
district where the names of the property owners within the proposed improvement
district are kept available for public perusal. In the case of the notice
given each owner or reputed owner by mail, the notice shall set forth the
estimated amount of the cost and expense of such improvement to be borne by the
particular lot, tract, parcel of land, or other property.
((Whether the
improvement is initiated by petition or resolution, the board shall conduct a
public hearing at the time and place designated in the notice to property
owners. At this hearing the board shall hear objections from any person
affected by the formation of the local district and may make such changes in
the boundaries of the district or such modifications in the plans for the
proposed improvement as shall be deemed necessary. The board may not change
the boundaries of the district to include property not previously included in
it without first passing a new resolution of intention and giving a new notice
to property owners in the manner and form and within the time provided in this
chapter for the original notice.
After the hearing
and the expiration of the ten-day period for filing written protests, the
commissioners shall have jurisdiction to overrule protests and proceed with any
such improvement initiated by petition or resolution. The jurisdiction of the
commissioners to proceed with any improvement initiated by resolution shall be
divested by protests filed with the secretary of the board no later than ten
days after the hearing, signed by the owners, according to the records of the
applicable county auditor, of at least forty percent of the area of land within
the proposed local district.
If the commissioners
find that the district should be formed, they shall by resolution form the
district and order the improvement. After execution of the resolution forming
the district, the secretary of the board of commissioners shall publish, in a
legal publication that serves the area subject to the district, a notice
setting forth that a resolution has been passed forming the district and that a
lawsuit challenging the jurisdiction or authority of the water district to
proceed with the improvement and creating the district must be filed, and
notice to the water district served, within thirty days of the publication of
the notice. The notice shall set forth the nature of the appeal. Property
owners bringing the appeal shall follow the procedures as set forth under
appeal under RCW 57.16.090. Whenever a resolution forming a district has been
adopted, the formation is conclusive in all things upon all parties, and cannot
be contested or questioned in any manner in any proceeding whatsoever by any
person not commencing a lawsuit in the manner and within the time provided in
this section, except for lawsuits made under RCW 57.16.090.
Following an appeal,
if it is unsuccessful or if no appeal is made under RCW 57.16.090, the
commissioners may proceed with the improvement and provide the general funds of
the water district to be applied thereto, adopt detailed plans of the local
improvement district or utility local improvement district and declare the
estimated cost thereof, acquire all necessary land therefor, pay all damages
caused thereby, and commence in the name of the water district such eminent
domain proceedings as may be necessary to entitle the district to proceed with
the work. The board shall thereupon proceed with the work and file with the
county treasurer of the county in which the real property is located its roll
levying special assessments in the amount to be paid by special assessment
against the property situated within the improvement district in proportion to
the special benefits to be derived by the property therein from the
improvement.))
Sec. 603. RCW 57.16.073 and 1987 c
315 s 6 are each amended to read as follows:
Whenever it is proposed
that ((a local improvement district or utility local)) an
improvement district finance sanitary sewer or potable water facilities,
additional notice of the public hearing on the proposed improvement district
shall be mailed to the owners of any property located outside of the proposed
improvement district that would be required as a condition of federal housing
administration loan qualification, at the time of notice, to be connected to
the specific sewer or water facilities installed by the ((local))
improvement district. The notice shall include information about this
restriction.
Sec. 604. RCW 57.16.065 and 1989 c
243 s 11 are each amended to read as follows:
((Any)) Notice
given to the public or to the owners of specific lots, tracts, or parcels of
land relating to the formation of ((a local improvement district or utility local))
an improvement district shall contain a statement that actual
assessments may vary from assessment estimates so long as they do not exceed a
figure equal to the increased true and fair value the improvement adds to the
property.
Sec. 605. RCW 56.20.030 and 1991 c
190 s 3 are each amended to read as follows:
Whether ((the)) an
improvement district is initiated by petition or resolution, the board
shall conduct a public hearing at the time and place designated in the notice
to property owners. At this hearing the board shall hear objections from any
person affected by the formation of the ((local)) improvement
district and may make such changes in the boundaries of the improvement
district or such modifications in the plans for the proposed improvement
as shall be deemed necessary. The board may not change the boundaries of the improvement
district to include property not previously included in it without first
passing a new resolution of intention and giving a new notice to property
owners in the manner and form and within the time provided in this chapter for
the original notice.
After the hearing and
the expiration of the ten-day period for filing ((written)) protests,
the commissioners shall have jurisdiction to overrule protests and proceed with
any such improvement district initiated by petition or resolution. The
jurisdiction of the commissioners to proceed with any improvement district
initiated by resolution shall be divested((: (a))) by protests
filed with the secretary of the board ((no later than)) within
ten days after the public hearing, signed by the owners, according to
the records of the applicable county auditor, of at least forty percent
of the area of land within the proposed ((local)) improvement district
((or (b) by the commissioners not adopting a resolution ordering the
improvement at a public hearing held not more than ninety days from the day the
resolution of intention was adopted, unless the commissioners file with the
county auditor a copy of the notice required by RCW 56.20.020, and in no event
at a hearing held more than two years from the day the resolution of intention
was adopted)).
If the commissioners
find that the improvement district should be formed, they shall by
resolution form the improvement district and order the improvement.
After execution of the resolution forming the improvement district, the
secretary of the board of commissioners shall publish, in a legal publication
that serves the area subject to the improvement district, a notice
setting forth that a resolution has been passed forming the improvement
district and that a lawsuit challenging the jurisdiction or authority of the ((sewer))
district to proceed with the improvement and creating the improvement
district must be filed, and notice to the ((sewer)) district served,
within thirty days of the publication of the notice. The notice shall set
forth the nature of the appeal. Property owners bringing the appeal shall
follow the procedures ((as)) set forth under ((appeal under RCW
56.20.080)) RCW 57.16.090. Whenever a resolution forming ((a))
an improvement district has been adopted, the formation is conclusive in
all things upon all parties, and cannot be contested or questioned in any
manner in any proceeding whatsoever by any person not commencing a lawsuit in
the manner and within the time provided in this section, except for lawsuits
made under RCW ((56.20.080)) 57.16.090.
Following an appeal, if
it is unsuccessful or if no appeal is made under RCW ((56.20.080)) 57.16.090,
the commissioners may proceed with creating the improvement district,
provide the improvement and provide the general funds of the ((sewer))
district to be applied thereto, adopt detailed plans of the ((utility local))
improvement district and declare the estimated cost thereof, acquire all
necessary land therefor, pay all damages caused thereby, and commence in the
name of the ((sewer)) district such eminent domain proceedings ((and
supplemental assessment or reassessment proceedings to pay all eminent domain
awards)) as may be necessary to entitle the district to proceed with the ((work))
improvements. The board ((of sewer commissioners)) shall thereupon
proceed with the work and file with the county treasurer of ((each)) the
county in which the real property is ((to be assessed)) located
its roll levying special assessments in the amount to be paid by special
assessment against the property situated within the ((local))
improvement district in proportion to the special benefits to be derived by the
property therein from the improvements.
Sec. 606. RCW 57.16.070 and 1982
1st ex.s. c 17 s 17 are each amended to read as follows:
Before approval of the
roll a notice shall be published once a week for two consecutive weeks in a
newspaper of general circulation in the ((local)) improvement
district, stating that the roll is on file and open to inspection in the office
of the secretary, and fixing the time, not less than fifteen or more than
thirty days from the date of the first publication of the notice, within which
protests must be filed with the secretary against any assessments shown
thereon, and fixing a time when a hearing will be held by the commissioners on
the protests. Notice shall also be given by mailing, at least fifteen days
before the hearing, a similar notice to the owners or reputed owners of the
land in the ((local)) improvement district as they appear on the
books of the treasurer of the county in which the real property is located. At
the hearing, or any adjournment thereof, the commissioners may correct, change,
or modify the roll, or any part thereof, or set aside the roll and order a new
assessment, and may then by resolution approve it. If an assessment is raised
a new notice similar to the first shall be given, after which final approval of
the roll may be made. When property has been entered originally upon the roll
and the assessment thereon is not raised, no objection thereto shall be
considered by the commissioners or by any court on appeal unless the objection
is made in writing at, or prior((,)) to, the date fixed for the
original hearing upon the roll.
Sec. 607. RCW 57.16.080 and 1959 c
18 s 13 are each amended to read as follows:
((In the event that))
If any portion of the system after its installation is not adequate for
the purpose for which it was intended, or ((that)) if for any
reason changes, alterations, or betterments are necessary in any portion
of the system after its installation, then ((a local)) an
improvement district with boundaries which may include one or more existing ((local))
improvement districts may be created in the ((water)) district in the
same manner as is provided herein for the creation of ((local)) improvement
districts((; that)). Upon the organization of such ((a local))
an improvement district ((as provided for in this paragraph)),
the plan of the improvement and the payment of the cost of the improvement
shall be carried out in the same manner as is provided herein for the carrying
out of and the paying for the improvement in the ((local)) improvement
districts previously provided for in this ((act)) title.
Sec. 608. RCW 57.16.100 and 1929 c
114 s 14 are each amended to read as follows:
(1) Whenever any
assessment roll for local improvements shall have been confirmed by the ((water
district commission of such water district as herein provided)) district
board of commissioners, the regularity, validity, and correctness of
the proceedings relating to ((such)) the improvements, and
to the assessment therefor, including the action of the ((water))
district ((commission)) commissioners upon ((such)) the
assessment roll and the confirmation thereof, shall be conclusive in all things
upon all parties, and cannot in any manner be contested or questioned in any
proceeding whatsoever by any person not filing written objections to such roll
in the manner and within the time provided in this ((act)) chapter,
and not appealing from the action of the ((water district commission)) commissioners
in confirming such assessment roll in the manner and within the time in this ((act))
chapter provided. No proceedings of any kind shall be commenced or
prosecuted for the purpose of defeating or contesting any such assessment, or
the sale of ((any)) property to pay such assessment, or any certificate
of delinquency issued therefor, or the foreclosure of any lien issued
therefor((: PROVIDED, That)). However, this section shall not
be construed as prohibiting the bringing of injunction proceedings to prevent
the sale of any real estate upon the grounds (((1))) (a) that the
property about to be sold does not appear upon the assessment roll, or (((2)))
(b) that ((said)) the assessment had been paid.
(2) This section
also shall not prohibit the correction of clerical errors and errors in the
computation of assessments in assessment rolls by the following procedure:
(a) The board of
commissioners may file a petition with the superior court of the county wherein
the real property is located, asking that the court enter an order correcting
such errors and directing that the county treasurer pay a portion or all of the
incorrect assessment by the transfer of funds from the district's maintenance
fund, if such relief be necessary.
(b) Upon the filing
of the petition, the court shall set a date for hearing and upon the hearing
may enter an order as provided in (a) of this subsection. However, neither the
correcting order nor the corrected assessment roll shall result in an increased
assessment to the property owner.
Sec. 609. RCW 57.16.090 and 1991 c
190 s 8 are each amended to read as follows:
The decision of the ((water))
district ((commission)) board of commissioners upon any
objections made within the time and in the manner herein prescribed((,))
may be reviewed by the superior court upon an appeal thereto taken in the
following manner. ((Such)) The appeal shall be made by filing
written notice of appeal with the secretary of ((said water district
commission)) the board of commissioners and with the clerk of the
superior court in the county in which the real property is situated within ten
days after publication of a notice that the resolution confirming such
assessment roll has been adopted, and such notice of appeal shall describe the
property and set forth the objections of such appellant to such assessment((;
and)). Within ten days from the filing of such notice of appeal
with the clerk of the superior court, the appellant shall file with the clerk
of the court((,)) a transcript consisting of the assessment roll and the
appellant's objections thereto, together with the resolution confirming ((such))
the assessment roll and the record of the ((water)) district ((commission))
commissioners with reference to the assessment((, which)).
The transcript, upon payment of the necessary fees therefor, shall be
furnished by the secretary of the ((water district commission)) board
of commissioners and shall be certified by the secretary to contain full,
true, and correct copies of all matters and proceedings required to be
included in such transcript. Such fees shall be the same as the fees payable
to the county clerk for the preparation and certification of transcripts on
appeal to the supreme court or the court of appeals in civil actions. At the
time of the filing of the notice of appeal with the clerk of the superior court,
the appellant shall file a sufficient bond in the penal sum of two hundred
dollars, with at least two sureties, to be approved by the judge of ((said))
the court, conditioned to prosecute such appeal without delay, and if
unsuccessful to pay all costs to which the ((water)) district is put by
reason of such appeal. The court may order the appellant, upon
application therefor, to execute and file such additional bond or bonds as the
necessity of the case may require. Within three days after such transcript is
filed in the superior court, the appellant shall give written notice to the
secretary of ((such water)) the district((,)) that such
transcript is filed. The notice shall state a time, not less than three days
from the service thereof, when the appellant will call up the cause for
hearing((; and)). The superior court shall, at ((said)) such
time or at such further time as may be fixed by order of the court, hear and
determine such appeal without a jury((; and such cause)). The appeal
shall have preference over all civil causes pending in the court, except ((proceedings
under an act relating to)) eminent domain proceedings and actions of
forcible entry and detainer. The judgment of the court shall confirm, unless
the court shall find from the evidence that such assessment is either founded
upon ((the)) a fundamentally wrong basis or a decision of the ((council
or other legislative body)) board of commissioners thereon was
arbitrary or capricious, or both((;)), in which event the
judgment of the court shall correct, modify, or annul the assessment
insofar as ((the same)) it affects the property of the
appellant. A certified copy of the decision of the court shall be filed with
the officer who shall have custody of the assessment roll, who shall modify and
correct ((such)) the assessment roll in accordance with such
decision. Appellate review of the judgment of the superior court may be sought
as in other civil cases. However, the ((review)) appeal must be
sought within fifteen days after the date of the entry of the judgment of such
superior court. A certified copy of the order of the supreme court or the
court of appeals upon such appeal shall be filed with the officer having
custody of ((such)) the assessment roll, who shall thereupon
modify and correct ((such)) the assessment roll in accordance
with ((such)) the decision.
Sec. 610. RCW 57.16.110 and 1982
1st ex.s. c 17 s 19 are each amended to read as follows:
Whenever any land
against which there has been levied any special assessment by any ((water))
district shall have been sold in part or subdivided, the board of ((water))
commissioners of ((such)) the district shall have the power to
order a segregation of the assessment.
Any person desiring to
have ((such)) a special assessment against a tract of land segregated to
apply to smaller parts thereof shall apply to the board of commissioners of the
((water)) district ((which)) that levied the assessment.
If the ((water)) commissioners determine that a segregation should be
made, they shall by resolution order the treasurer of the county in which the
real property is located to make segregation on the original assessment roll as
directed in the resolution. The segregation shall be made as nearly as
possible on the same basis as the original assessment was levied, and the total
of the segregated parts of the assessment shall equal the assessment before segregation.
The resolution shall describe the original tract((,)) and the
amount and date of the original assessment, and shall define the boundaries of
the divided parts and the amount of the assessment chargeable to each part. A
certified copy of the resolution shall be delivered to the treasurer of the
county in which the real property is located who shall proceed to make the
segregation ordered upon being tendered a fee of three dollars for each tract
of land for which a segregation is to be made. In addition to ((such)) the
charge the board of ((water)) commissioners may require as a condition
to the order of segregation that the person seeking it pay the district the
reasonable engineering and clerical costs incident to making the segregation.
Sec. 611. RCW 57.16.150 and 1987 c
449 s 16 are each amended to read as follows:
Judgments foreclosing
((local improvement)) special assessments pursuant to RCW
35.50.260 may also allow to ((water)) districts, in addition to delinquent
installments, interest, penalties, and costs, such attorneys' fees as the court
may adjudge reasonable.
PART VII - FINANCES
Sec. 701. RCW 57.16.020 and 1984 c
186 s 51 are each amended to read as follows:
The commissioners may
submit to the voters of the district at any general or special election, a
proposition that the district incur a general indebtedness payable from annual
tax levies to be made in excess of the constitutional ((and/or statutory))
tax limitation((s)) for the construction of any part or all of the improvements
described in its general comprehensive plan or plans. Elections
shall be held as provided in RCW 39.36.050. The proposition authorizing both
the bond issue and imposition of excess bond retirement levies ((shall))
must be adopted by three-fifths of the voters voting thereon, at which
election the total number of persons voting on the proposition shall constitute
not less than forty percent of the total number of votes cast in the ((water))
district at the last preceding general election. ((Such)) The
bonds shall not be issued to run for a period longer than ((twenty)) thirty
years from the date of the issue. ((Such)) The bonds shall be
issued and sold in accordance with chapter 39.46 RCW. ((When the general
comprehensive plan has been adopted the commissioners shall carry it out to the
extent specified in the proposition to incur general indebtedness.))
Whenever the
proposition to issue general obligation bonds and impose such excess bond retirement
levies has been approved, there shall be levied by the officers or governing
body charged with the duty of levying taxes, annual levies in excess of the
constitutional tax limitation sufficient to meet the annual or semiannual
payments of principal and interest on the bonds upon all taxable property
within the district.
Sec. 702. RCW 57.20.015 and 1984 c
186 s 54 are each amended to read as follows:
(1) The board of ((water))
commissioners of any ((water)) district may by resolution, without
submitting the matter to the voters of the district, provide for the issuance
of refunding general obligation bonds to refund any outstanding general
obligation bonds, or any part thereof, at maturity thereof, or before the
maturity thereof if they are subject to call for prior redemption or all of the
owners thereof consent thereto. Refunding bonds may be combined with an
issue of bonds for other district purposes, as long as those other bonds are
approved in accordance with applicable law.
(2) The total cost to
the district over the life of the refunding bonds or refunding portion of an
issue of bonds shall not exceed the total cost to the district which the
district would have incurred but for such refunding over the remainder of the
life of the bonds to be refunded thereby.
(3) The refunding bonds
may be exchanged for the bonds to be refunded thereby, or may be sold in such
manner as the board of ((water)) commissioners deems to be for the best
interest of the district, and the proceeds of such sale used exclusively for
the purpose of paying, retiring, and canceling the bonds to be refunded and
interest thereon. Such bonds may be of any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030.
(((4) The provisions
of RCW 57.20.010, concerning the issuance and sale of general obligation bonds
and providing for annual tax levies in excess of the constitutional and/or
statutory tax limitations shall apply to the refunding general obligation bonds
issued under this section.))
Sec. 703. RCW 57.16.030 and 1987 c
449 s 14 are each amended to read as follows:
(1) The commissioners
may, without submitting a proposition to the voters, authorize by resolution
the district to issue revenue bonds for the construction costs, interest during
the period of construction and six months thereafter, working capital or other
costs of the improvements described in any part or all of ((the))
a general comprehensive plan or plans, or for other purposes or
functions of a ((water)) district authorized by statute. The amount of
the bonds to be issued shall be included in the resolution ((submitted)).
(2) Any
resolution authorizing the issuance of revenue bonds may include provision for
refunding any local improvement district bonds of a district, out of the
proceeds of sale of revenue bonds, and a district may pay off any outstanding
local improvement bonds with such funds either by purchase in the open market
below their par value and accrued interest or by call at par value and accrued
interest at the next succeeding interest payment date. The bonds may be in any
form, including bearer bonds or registered bonds as provided by RCW 39.46.030.
((When a resolution
authorizing revenue bonds has been adopted the commissioners may forthwith
carry out the general comprehensive plan to the extent specified.
(2))) (3) Notwithstanding subsection (1) of
this section, ((such)) district revenue bonds may be issued and
sold in accordance with chapter 39.46 RCW.
Sec. 704. RCW 57.16.035 and 1977
ex.s. c 299 s 5 are each amended to read as follows:
Whenever a ((water))
district shall have adopted a general comprehensive plan and bonds to defray
the cost thereof shall have been authorized by resolution of the board of ((water))
commissioners, and before the completion of the improvements the board of ((water))
commissioners shall find by resolution that the authorized bonds are not
sufficient to defray the cost of such improvements due to the increase of costs
of construction subsequent to the adoption of ((said)) the plan,
the board of ((water)) commissioners may by resolution authorize the
issuance and sale of additional ((water)) revenue bonds for such purpose
in excess of those previously issued.
Sec. 705. RCW 57.16.040 and 1984 c
186 s 52 are each amended to read as follows:
In the same manner as
provided for the adoption of ((the)) an original general
comprehensive plan, a plan providing for additions and betterments to the
original general comprehensive plan may be adopted. Without limiting its
generality "additions and betterments" shall include any necessary
change in, amendment of, or addition to the general comprehensive plan.
The district may incur
a general indebtedness payable from annual tax levies to be made in excess of
the constitutional ((and/or statutory)) tax limitation((s)) for
the construction of the additions and betterments in the same way that general
indebtedness may be incurred for the construction of the original general
comprehensive plan after submission to the voters of the entire district in the
manner the original proposition to incur indebtedness was submitted as provided
in RCW 57.16.020 (as recodified by this act). Upon ratification the
additions and betterments may be carried out by the commissioners to the extent
specified or referred to in the proposition to incur the general indebtedness.
The district may issue
revenue bonds to pay for the construction of the additions and the betterments
pursuant to resolution of the board of ((water)) commissioners.
Sec. 706. RCW 57.20.020 and 1991 c
347 s 20 are each amended to read as follows:
(1) ((Whenever any
issue or issues of water revenue bonds have been authorized in compliance with
the provisions of RCW 57.16.010 through 57.16.040, said bonds shall be in
bearer form or registered as to principal or interest or both, as provided in
RCW 39.46.030, and may provide for conversion between registered and coupon
bonds; shall be in such denominations, shall be numbered, shall bear such date,
and shall be payable at such time or times up to a maximum period of not to
exceed thirty years as shall be determined by the board of water commissioners
of the district; shall bear interest at such rate or rates payable at such time
or times as authorized by the board; shall be payable at the office of the
county treasurer of the county in which the water district is located and may
also be payable at such other place or places as the board of water
commissioners may determine; shall be executed by the president of the board of
water commissioners and attested and sealed by the secretary thereof, one of
which signatures may, with the written permission of the signator whose
facsimile signature is being used, be a facsimile; and may have facsimile
signatures of said president or secretary imprinted on any interest coupons in
lieu of original signatures.))
The ((water district))
commissioners shall have power and are required to create a special fund or
funds for the sole purpose of paying the interest and principal of ((such))
revenue bonds into which special fund or funds the ((said water
district)) commissioners shall obligate and bind the ((water))
district to set aside and pay a fixed proportion of the gross revenues of the
water supply, sewer, or drainage system or any fixed amount out of and
not exceeding a fixed proportion of such revenues, or a fixed amount or amounts
without regard to any fixed proportion, and such bonds and the interest
thereof shall be payable only out of such special fund or funds, ((but))
and shall be a lien and charge against all revenues and payments
received from any utility local improvement district or districts pledged to
secure such bonds, subject only to operating and maintenance expenses.
In creating any such
special fund or funds the ((water district)) commissioners ((of such
water district)) shall have due regard to the cost of operation and
maintenance of the plant or system as constructed or added to and to any
proportion or part of the revenue previously pledged as a fund for the payment
of bonds, warrants, or other indebtedness, and shall not set aside into
such special fund a greater amount or proportion of the revenue and proceeds
than in their judgment will be available over and above such cost of
maintenance and operation and the amount or proportion, if any, of the revenue
so previously pledged. Any such bonds and interest thereon issued against any
such fund as ((herein)) provided in this section shall be a valid
claim of the owner thereof only as against the ((said)) special fund and
its fixed proportion or amount of the revenue pledged to such fund, and shall
not constitute an indebtedness of ((such water)) the district
within the meaning of the constitutional provisions and limitations. Each such
bond shall state upon its face that it is payable from a special fund, naming
the ((said)) fund and the resolution creating it. ((Said)) Such
bonds shall be sold in such manner, at such price, and at such rate or
rates of interest as the ((water district)) commissioners shall deem for
the best interests of the ((water)) district, either at public or
private sale, and the ((said)) commissioners may provide in any contract
for the construction and acquirement of the proposed improvement (and for the
refunding of outstanding local improvement district obligations, if any) that
payment therefor shall be made in such bonds at par value thereof.
When any such special
fund shall have been heretofore or shall be hereafter created and any such
bonds shall have been heretofore or shall hereafter be issued against the same
a fixed proportion or a fixed amount out of and not to exceed such fixed
proportion, or a fixed amount or amounts without regard to any fixed
proportion, of revenue shall be set aside and paid into ((said)) the
special fund as provided in the resolution creating such fund or authorizing
such bonds((, and)). In case any ((water)) district shall
fail thus to set aside and pay ((said)) the fixed proportion or
amount ((as aforesaid)), the owner of any bond payable from such special
fund may bring suit or action against the ((water)) district and compel
such setting aside and payment.
(2) ((Notwithstanding
subsection (1) of this section, such bonds may be issued and sold in accordance
with chapter 39.46 RCW.
(3) The water
district commissioners of any water district, in the event that such water
revenue bonds are issued, shall provide for revenues by fixing rates and
charges for the furnishing of water supply to those receiving such service,
such rates and charges to be fixed as deemed necessary by such water district
commissioners, so that uniform charges will be made for the same class of
customer or service.
In classifying
customers served or service furnished by such water supply system, the board of
water commissioners may in its discretion consider any or all of the following
factors: The difference in cost of service to the various customers; the
location of the various customers within and without the district; the
difference in cost of maintenance, operation, repair and replacement of the
various parts of the system; the different character of the service furnished
various customers; the quantity and quality of the water furnished; the time of
its use; the achievement of water conservation goals and the discouragement of
wasteful practices; capital contributions made to the system including but not
limited to assessments; and any other matters which present a reasonable
difference as a ground for distinction. Such rates shall be made on a monthly
basis as may be deemed proper by such commissioners and as fixed by resolution
and shall produce revenues sufficient to take care of the costs of maintenance
and operation, revenue bond and warrant interest and principal amortization
requirements and all other charges necessary for efficient and proper operation
of the system.)) Revenue
bonds payable from a special fund may be issued and sold in accordance with
chapter 39.46 RCW.
Sec. 707. RCW 57.20.023 and 1959 c
108 s 12 are each amended to read as follows:
The board of ((water))
commissioners may make such covenants as it may deem necessary to secure and
guarantee the payment of the principal of and interest on ((water))
revenue bonds of the district, including but not being limited to covenants for
the establishment and maintenance of adequate reserves to secure or guarantee
the payment of such principal and interest; the protection and disposition of
the proceeds of sale of such bonds; the use and disposition of the gross
revenues of the water supply system, sewer system, or drainage system of
the district and any additions or betterments thereto or extensions thereof;
the use and disposition of any utility local improvement district assessments;
the creation and maintenance of funds for renewals and replacements of the
system; the establishment and maintenance of rates and charges adequate to pay
principal and interest of such bonds and to maintain adequate coverage over
debt service; the maintenance, operation and management of the system and the
accounting, insuring and auditing of the business in connection therewith; the
terms upon which such bonds or any of them may be redeemed at the election of
the district; limitations upon the right of the district to dispose of its
system or any part thereof; the appointment of trustees, depositaries and
paying agents to receive, hold, disburse, invest and reinvest all or any part
of the proceeds of sale of the bonds and all or any part of the income, revenue
and receipts of the district, and the ((board of water)) commissioners
may make such other covenants as it may deem necessary to accomplish the most
advantageous sale of such bonds. The board of ((water)) commissioners
may also provide that revenue bonds payable out of the same source or sources
may later be issued on a parity with any revenue bonds being issued and sold.
Sec. 708. RCW 57.20.025 and 1977
ex.s. c 299 s 8 are each amended to read as follows:
The board of ((water))
commissioners of any ((water)) district may by resolution provide for
the issuance of refunding revenue bonds to refund outstanding general
obligation bonds and/or revenue bonds, or any part thereof, and/or all
outstanding local improvement district bonds, at maturity thereof, or before
maturity thereof if they are subject to call for prior redemption or all of the
holders thereof consent thereto. The total interest cost to the district over
the life of the refunding bonds shall not exceed the total cost to the district
which the district would have incurred but for such refunding over the
remainder of the life of the bonds to be refunded thereby. The refunding bonds
may be exchanged for the bonds to be refunded thereby, or may be sold in such
manner as the board of ((water)) commissioners deems to be for the best
interest of the district, and the proceeds used, except as hereinafter
provided, exclusively for the purpose of paying, retiring, and canceling
the bonds to be refunded and interest thereon.
All unpaid utility
local improvement district assessments payable into the revenue bond redemption
fund established for payment of the bonds to be refunded shall thereafter when
collected be paid into the revenue bond redemption fund established for payment
of the refunding revenue bonds.
Whenever local improvement
district bonds have been refunded as provided by RCW 57.16.030 ((as now or
hereafter amended)) (as recodified by this act), or pursuant to this
section, all local improvement district assessments remaining unpaid shall
thereafter when collected be paid into the revenue bond redemption fund
established for payment of the refunding revenue bonds, and the cash balance,
if any, in the local improvement guaranty fund of the district and the proceeds
received from any other assets owned by such fund shall be used in whole or in
part as a reserve fund for the refunding revenue bonds or be transferred in
whole or in part to any other funds of the district as the board of ((water))
commissioners may determine. ((In the event that)) If any
warrants are outstanding against the local improvement guaranty fund of the
district at the time of the issuance of such refunding revenue bonds, ((said))
the bonds shall be issued in an amount sufficient also to fund and pay
such outstanding warrants.
The provisions of RCW
57.20.020 shall apply to the refunding revenue bonds issued under this title.
Sec. 709. RCW 57.20.027 and 1975
1st ex.s. c 25 s 5 are each amended to read as follows:
((Water)) Districts
may also issue revenue warrants and revenue bond anticipation warrants for the
same purposes for which such districts may issue revenue bonds. The provisions
of this chapter relating to the authorization, terms, conditions, covenants,
issuance and sale of revenue bonds (exclusive of provisions relating to
refunding) shall be applicable to such warrants. ((Water)) Districts
issuing revenue bond anticipation warrants may make covenants relative to the
issuance of revenue bonds to provide funds for the redemption of part or all of
such warrants and may contract for the sale of such bonds and warrants.
Sec. 710. RCW 57.20.030 and 1982
1st ex.s. c 17 s 20 are each amended to read as follows:
Every ((water))
district in the state is ((hereby)) authorized to create a fund for the
purpose of guaranteeing, to the extent of such fund, and in the manner
hereinafter provided, the payment of all of its local improvement bonds
issued((, subsequent to June 9, 1937,)) to pay for any local improvement
within its confines. Such fund shall be designated "Local Improvement
Guaranty Fund((,)) of the ".....Water-Sewer District,"
"......Water District," ".....Sewer District," or
"......District No. .....," and shall be established by
resolution of the board of ((water)) commissioners. For the purpose of
maintaining such fund, every ((water)) district, after the establishment
thereof, shall at all times set aside and pay into such a fund such proportion
of the monthly gross revenues of the water supply, sewer, or drainage
system of such ((water)) district as the commissioners thereof may
direct by resolution. This proportion may be varied from time to time as the
commissioners deem expedient or necessary((: PROVIDED, HOWEVER, That)).
However, under the existence of the conditions set forth in subsections (1)
and (2) ((next hereunder)) of this section, then the proportion
must be as ((therein)) specified((, to wit)) in subsections
(1) and (2) of this section:
(1) Whenever any bonds
of any local improvement district have been guaranteed under this ((act))
section and RCW 57.20.080 and 57.20.090 and the guaranty fund does not
have a cash balance equal to twenty percent of all bonds originally guaranteed
under this ((act,)) section and RCW 57.20.080 and 57.20.090
(excluding issues which have been retired in full), then twenty percent
of the gross monthly revenues derived from ((all)) water ((users)),
sewer, and drainage systems in the territory included in ((said)) the
local improvement district (but not necessarily from users in other parts of
the ((water)) district as a whole) shall be set aside and paid into the
guaranty fund((: PROVIDED, HOWEVER)), except that whenever((,))
under the requirements of this subsection, ((said)) the cash
balance accumulates so that it is equal to twenty percent of all bonds
guaranteed, or to the full amount of all bonds guaranteed, outstanding and
unpaid (which amount might be less than twenty percent of the original total
guaranteed), then no further money((s)) need be set aside and paid into
((said)) the guaranty fund so long as ((said)) the
condition shall continue.
(2) Whenever any
warrants issued against the guaranty fund, as ((hereinbelow)) provided in
this section, remain outstanding and uncalled for lack of funds for six
months from the date of issuance thereof; or whenever any coupons or
bonds guaranteed under this ((act)) section and RCW 57.20.080 and
57.20.090 have been matured for six months and have not been redeemed
either in cash or by issuance and delivery of warrants upon the guaranty fund,
then twenty percent of the gross monthly revenues (or such portion thereof as
the commissioners of the ((water)) district determine will be sufficient
to retire ((said)) the warrants or redeem ((said)) the
coupons or bonds in the ensuing six months) derived from all water, sewer,
and drainage system users in the ((water)) district shall be set
aside and paid into the guaranty fund((: PROVIDED, HOWEVER, That)).
However, whenever under the requirements of this subsection all warrants,
coupons, or bonds specified in this subsection ((above)) have been
redeemed, no further income needs to be set aside and paid into ((said))
the guaranty fund under the requirements of this subsection until and
unless other warrants remain outstanding and unpaid for six months or other
coupons or bonds default.
(3) For the purposes
of complying with the requirements of setting aside and paying into the local
improvement guaranty fund a proportion of the monthly gross revenues of the
water supply, sewer, or drainage system of any ((water))
district, as ((hereinabove)) provided in subsections (1) and (2) of
this section, ((said water)) that district shall bind and
obligate itself to maintain and operate ((said)) the applicable
system and further bind and obligate itself to establish, maintain, and
collect such rates for water, sewer, or drainage as will produce gross
revenues sufficient to maintain and operate ((said water supply)) that
system and to make necessary provision for the local improvement guaranty fund
as specified by this section and RCW 57.20.080 and 57.20.090. ((And said
water)) The district shall alter its rates for water, sewer, and drainage
service from time to time and shall vary the same in different portions of
its territory to comply with ((the said)) those requirements.
(4) Whenever any coupon
or bond guaranteed by this ((act)) section shall mature and there
shall not be sufficient funds in the appropriate local improvement district
bond redemption fund to pay the same, then the applicable county
treasurer shall pay same from the local improvement guaranty fund of the ((water))
district; if there shall not be sufficient funds in the ((said))
guaranty fund to pay same, then the same may be paid by issuance and delivery
of a warrant upon the local improvement guaranty fund.
(5) Whenever the cash
balance in the local improvement guaranty fund is insufficient for the required
purposes, warrants drawing interest at a rate determined by the commissioners
may be issued by the applicable county auditor, against the ((said))
fund to meet any liability accrued against it and must be issued upon demand of
the holders of any maturing coupons and/or bonds guaranteed by this section, or
to pay for any certificates of delinquency for delinquent installments of
assessments as provided in subsection (6) of this section. Guaranty fund
warrants shall be a first lien in their order of issuance upon the gross
revenues set aside and paid into ((said)) that fund.
(6) Within twenty days
after the date of delinquency of any annual installment of assessments levied
for the purpose of paying the local improvement bonds of any ((water))
district guaranteed under the provisions of this ((act)) section,
it shall be mandatory for the county treasurer of the county in which the real
property is located to compile a statement of all installments delinquent,
together with the amount of accrued interest and penalty appurtenant to each of
((said)) the installments. Thereupon the applicable county
treasurer shall forthwith purchase (for the ((water)) district)
certificates of delinquency for all such delinquent installments. Payment for
all such certificates of delinquency shall be made from the local improvement
guaranty fund and if there shall not be sufficient money((s)) in ((said))
the fund to pay for such certificates of delinquency, the applicable
county treasurer shall accept ((said)) the local improvement guaranty
fund warrants in payment therefor. All ((such)) of those
certificates of delinquency shall be issued in the name of the local
improvement guaranty fund and all guaranty fund warrants issued in payment
therefor shall be issued in the name of the appropriate local improvement
district fund. Whenever any market is available and the commissioners of the
((water)) district so direct, the applicable county treasurer shall sell
any certificates of delinquency belonging to the local improvement guaranty fund((:
PROVIDED, That)). However, any such sale must not be for less than
face value thereof plus accrued interest from date of issuance to date of sale.
((Such)) (7)
Certificates of delinquency, as ((above)) provided in subsection
(6) of this section, shall be issued by the county treasurer of the county
in which the real property is located, shall bear interest at the rate of ten
percent per annum, shall be in each instance for the face value of the
delinquent installment, plus accrued interest to date of issuance of
certificate of delinquency, plus a penalty of five percent of such face value,
and shall set forth:
(a) Description of
property assessed;
(b) Date installment of
assessment became delinquent;
(c) Name of owner or
reputed owner, if known.
((Such)) The
certificates of delinquency may be redeemed by the owner of the property
assessed at any time up to two years from the date of foreclosure of such
certificate of delinquency. If any such certificate of delinquency ((be))
is not redeemed on the second occurring first day of January subsequent
to its issuance, the county treasurer who issued the certificate of delinquency
shall then proceed to foreclose such certificate of delinquency in the manner
specified for the foreclosure of the lien of local improvement assessments,
pursuant to chapter 35.50 RCW and if no redemption be made within the
succeeding two years shall execute and deliver a deed conveying fee simple
title to the property described in the foreclosed certificate of delinquency.
Sec. 711. RCW 57.20.080 and 1983 c
167 s 165 are each amended to read as follows:
Whenever there shall be
paid out of a guaranty fund any sum on account of principal or interest upon a
local improvement bond, or on account of purchase of certificates of
delinquency, the ((water)) district, as trustee for the fund, shall be
subrogated to all rights of the owner of the bonds, or any interest, or
delinquent assessment installments, so paid; and the proceeds thereof, or of
the assessment or assessments underlying the same, shall become a part of the
guaranty fund. There shall also be paid into ((each)) such
guaranty fund the interest received from the bank deposits of the fund, as well
as any surplus remaining in the local improvement funds guaranteed by the
guaranty fund, after the payment of all outstanding bonds payable primarily out
of such local improvement funds. As among the several issues of bonds
guaranteed by the fund, no preference shall exist, but defaulted bonds and any
defaulted interest payments shall be purchased out of the fund in the order of
their presentation.
The commissioners of
every ((water)) district ((operating under RCW 57.20.030, 57.20.080,
and 57.20.090)) that establishes a guaranty fund shall prescribe, by
resolution, appropriate rules and regulations for the guaranty fund, not
inconsistent herewith. So much of the money of a guaranty fund as is necessary
and is not required for other purposes under this section and RCW
57.20.030((, 57.20.080,)) and 57.20.090 may, at the discretion of the
commissioners of the ((water)) district, be used to purchase property at
county tax foreclosure sales or from the county after foreclosure in cases
where such property is subject to unpaid local improvement assessments securing
bonds guaranteed by the guaranty fund and such purchase is deemed necessary for
the purpose of protecting the guaranty fund. In such cases the ((said))
guaranty fund shall be subrogated to all rights of the ((water))
district. After so acquiring title to real property, the ((water))
district may lease or resell and convey the same in the same manner that county
property is authorized to be leased or resold and for such prices and on such
terms as may be determined by resolution of the board of ((water))
commissioners. Any provision of law to the contrary notwithstanding, all
proceeds resulting from such resales shall belong to and be paid into the
guaranty fund.
Sec. 712. RCW 57.20.090 and 1983 c
167 s 166 are each amended to read as follows:
The owner of any local
improvement bonds guaranteed under the provisions of this section and
RCW 57.20.030((,)) and 57.20.080((, and 57.20.090)) shall
not have any claim therefor against the ((water)) district by which the
same is issued, except for payment from the special assessments made for the
improvement for which ((said)) the local improvement bonds were
issued, and except as against the local improvement guaranty fund of ((said
water)) the district; and the ((water)) district shall not be
liable to any owner of such local improvement bond for any loss to the guaranty
fund occurring in the lawful operation thereof by the ((water))
district. The remedy of the owner of a local improvement bond, in case of
nonpayment, shall be confined to the enforcement of the assessment and to the
guaranty fund. A copy of the foregoing part of this section shall be plainly
written, printed or engraved on each local improvement bond guaranteed by this
section and RCW 57.20.030((,)) and 57.20.080((, and
57.20.090)). The establishment of a local improvement guaranty fund by any
((water)) district shall not be deemed at variance from any
comprehensive plan heretofore adopted by ((such water)) that
district.
((In the event))
If any local improvement guaranty fund hereunder authorized at any time
has a balance therein in cash, and the obligations guaranteed thereby have all
been paid off, then such balance shall be transferred to the maintenance fund
of the ((water)) district.
Sec. 713. RCW 57.20.110 and 1970
ex.s. c 42 s 35 are each amended to read as follows:
((Each and every
water district that may hereafter be organized pursuant to this act is hereby))
A district is authorized and empowered by and through its board of ((water))
commissioners to contract indebtedness for ((water)) its
purposes, and the maintenance thereof not exceeding one-half of one percent of
the value of the taxable property in ((such water)) the district,
as the term "value of the taxable property" is defined in RCW
39.36.015.
Sec. 714. RCW 57.20.120 and 1984 c
186 s 55 are each amended to read as follows:
((Each and every
water district hereafter to be organized pursuant to this title,)) A
district may contract indebtedness in excess of the amount named in RCW
57.20.110, but not exceeding in amount, together with existing indebtedness,
two and one-half percent of the value of the taxable property in ((said))
that district, as the term "value of the taxable property" is
defined in RCW 39.36.015, and impose excess property tax levies to retire
the indebtedness whenever three‑fifths of the voters voting at ((said))
the election in such ((water)) district assent thereto, at which
election the total number of persons voting on the proposition shall constitute
not less than forty percent of the total number of votes cast in the ((water))
district at the last preceding general election, at an election to be held in
((said water)) the district in the manner provided by this title
and RCW 39.36.050((: PROVIDED, That all bonds so to be issued shall be
subject to the provisions regarding bonds as set out in RCW 57.20.010)).
Sec. 715. RCW 57.20.130 and 1983 c
167 s 167 are each amended to read as follows:
Any coupons for the
payment of interest on ((said)) bonds of any district shall be considered
for all purposes as warrants drawn upon the general fund of the ((said water))
district issuing such bonds, and when presented to the treasurer of the county
having custody of the funds of such ((water)) district at maturity, or
thereafter, and when so presented, if there are not funds in the treasury to
pay the ((said)) coupons, it shall be the duty of the county treasurer
to endorse ((said)) the coupons as presented for payment, in the
same manner as county warrants are indorsed, and thereafter ((said)) the
coupons shall bear interest at the same rate as the bonds to which ((it
was)) they were attached. When there are no funds in the treasury
to make interest payments on bonds not having coupons, the overdue interest
payment shall continue bearing interest at the bond rate until it is paid,
unless otherwise provided in the proceedings authorizing the sale of the bonds.
Sec. 716. RCW 57.20.135 and 1988 c
162 s 11 are each amended to read as follows:
Upon obtaining the
approval of the county treasurer, the board of commissioners of a ((water))
district with more than twenty-five hundred water customers or sewer
customers may designate by resolution some other person having experience in
financial or fiscal matters as the treasurer of the district. Such a treasurer
shall possess all of the powers, responsibilities, and duties of, and shall be
subject to the same restrictions as provided by law for, the county treasurer
with regard to a ((water)) district, and the county auditor with regard
to ((water)) district financial matters. Such treasurer shall be bonded
for not less than twenty-five thousand dollars. Approval by the county
treasurer authorizing such a ((water)) district to designate its
treasurer shall not be arbitrarily or capriciously withheld.
Sec. 717. RCW 57.20.140 and 1983 c
57 s 3 are each amended to read as follows:
((Unless the board
of commissioners of a water district designates a treasurer under RCW
57.20.135, the county)) The treasurer designated under RCW
57.20.135 shall create and maintain a separate fund designated as the
maintenance fund or general fund of the district into which shall be paid all
money received by ((him)) the treasurer from the collection of
taxes other than taxes levied for the payment of general obligation bonds of
the district and all revenues of the district other than assessments levied in
local improvement districts or utility local improvement districts, and no
money shall be disbursed therefrom except upon warrants of the county auditor
issued by authority of the commissioners or upon a resolution of the
commissioners ordering a transfer to any other fund of the district. The ((county))
treasurer also shall ((also)) maintain such other special funds
as may be prescribed by the ((water)) district, into which shall be
placed such money((s)) as the board of ((water)) commissioners
may by its resolution direct, and from which disbursements shall be made upon
proper warrants of the county auditor issued against the same by authority of
the board of ((water)) commissioners.
Sec. 718. RCW 57.20.150 and 1959 c
108 s 15 are each amended to read as follows:
Whenever a ((water))
district has accumulated money((s)) in the maintenance fund or general
fund of the district in excess of the requirements of ((such)) that
fund, the board of ((water)) commissioners may in its discretion use any
of ((such)) that surplus money((s)) for any of the
following purposes: (1) Redemption or servicing of outstanding obligations of
the district((,)); (2) maintenance expenses of the district((,));
(3) construction or acquisition of any facilities necessary to carry out the
purposes of the district; or (4) any other proper district purpose.
Sec. 719. RCW 57.20.160 and 1986 c
294 s 13 are each amended to read as follows:
Whenever there shall
have accumulated in any general or special fund of a ((water)) district
money((s)), the disbursement of which is not yet due, the board of ((water))
commissioners may, by resolution, authorize the ((county)) treasurer to
deposit or invest such money((s)) in qualified public depositaries, or
to invest such money((s)) in any investment permitted at any time by RCW
36.29.020((: PROVIDED, That)). However, the county treasurer
may refuse to invest any district money((s)) the disbursement of which
will be required during the period of investment to meet outstanding obligations
of the district.
Sec. 720. RCW 57.20.165 and 1981 c
24 s 2 are each amended to read as follows:
((Water)) District
money((s)) shall be deposited by the district in ((an)) any
account, which may be interest-bearing, subject to such requirements and
conditions as may be prescribed by the state auditor. The account shall be in
the name of the district except((,)) upon request by the treasurer, the
accounts shall be in the name of the "......(name of county)..... county treasurer."
The treasurer may instruct the financial institutions holding the deposits to
transfer them to the treasurer at such times as the treasurer may deem
appropriate, consistent with regulations governing and policies of the
financial institution.
Sec. 721. RCW 57.20.170 and 1959 c
108 s 17 are each amended to read as follows:
The board of ((water))
commissioners of any ((water)) district may, by resolution, authorize
and direct a loan or loans from maintenance funds or general funds of the
district to construction funds or other funds of the district((:
PROVIDED, That such)), so long as that loan ((does)) or
loans do not, in the opinion of the board of ((water))
commissioners, impair the ability of the district to operate and maintain its
water supply, sewer, drainage, or street lighting systems.
PART VIII - WATER AND SEWER SYSTEM
EXTENSIONS
Sec. 801. RCW 57.22.010 and 1989 c
389 s 11 are each amended to read as follows:
If the ((water))
district approves an extension to the ((water)) system, the district
shall contract with owners of real estate located within the district
boundaries, at an owner's request, for the purpose of permitting extensions to
the district's ((water)) system to be constructed by such owner at such
owner's sole cost where such extensions are required as a prerequisite to
further property development. The contract shall contain such conditions as
the district may require pursuant to the district's adopted policies and
standards. The district shall request comprehensive plan approval for such
extension, if required, and connection of the extension to the district system
is conditioned upon:
(1) Construction of
such extension according to plans and specifications approved by the district;
(2) Inspection and
approval of such extension by the district;
(3) Transfer to the
district of such extension without cost to the district upon acceptance by the
district of such extension;
(4) Payment of all
required connection charges to the district;
(5) Full compliance
with the owner's obligations under such contract and with the district's rules
and regulations;
(6) Provision of
sufficient security to the district to ensure completion of the extension and
other performance under the contract;
(7) Payment by the
owner to the district of all of the district's costs associated with such
extension including, but not limited to, the district's engineering, legal, and
administrative costs; and
(8) Verification and
approval of all contracts and costs related to such extension.
Sec. 802. RCW 57.22.020 and 1989 c
389 s 12 are each amended to read as follows:
The contract shall also
provide, subject to the terms and conditions in this section, for the
reimbursement to the owner or the owner's assigns for a period not to exceed
fifteen years of a portion of the costs of the ((water)) facilities
constructed pursuant to such contract from connection charges received by the
district from other property owners who subsequently connect to or use the ((water))
facilities within the fifteen-year period and who did not contribute to the
original cost of such ((water)) facilities.
Sec. 803. RCW 57.22.030 and 1989 c
389 s 13 are each amended to read as follows:
The reimbursement shall
be a pro rata share of construction and ((reimbursement of)) contract
administration costs of the ((water)) project. Reimbursement for ((water))
projects shall include, but not be limited to, design, engineering, installation,
and restoration.
Sec. 804. RCW 57.22.040 and 1989 c
389 s 14 are each amended to read as follows:
The procedures for
reimbursement contracts shall be governed by the following:
(1) A reimbursement
area shall be formulated by the board of commissioners within a reasonable time
after the acceptance of the extension. The reimbursement shall be based upon a
determination by the board of commissioners of which parcels would require
similar ((water)) improvements upon development.
(2) The contract must
be recorded in the appropriate county auditor's office after the final
execution of the agreement.
Sec. 805. RCW 57.22.050 and 1989 c
389 s 15 are each amended to read as follows:
As an alternative to
financing projects under this chapter solely by owners of real estate, ((a
water)) districts may join in the financing of improvement projects
and may be reimbursed in the same manner as the owners of real estate who
participate in the projects, if the ((water district)) board of
commissioners has specified the conditions of its participation in a
resolution.
PART IX - ANNEXATION OF
TERRITORY
Sec. 901. RCW 57.24.001 and 1989 c
84 s 58 are each amended to read as follows:
Actions taken under this
chapter ((57.24 RCW)) may be subject to potential review by a boundary
review board under chapter 36.93 RCW.
Sec. 902. RCW 57.24.010 and 1990 c
259 s 31 are each amended to read as follows:
Territory within the
county or counties in which a district is located, or territory adjoining or in
close proximity to a district but which is located in another county, may be
annexed to and become a part of the district. All annexations shall be accomplished
in the following manner: Ten percent of the number of registered voters
residing in the territory proposed to be annexed who voted in the last ((general))
municipal general election may file a petition with the district
commissioners and cause the question to be submitted to the voters of the
territory whether such 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 auditor of ((each)) the county in which all or the
largest geographic portion of the real property proposed to be annexed is
located, who shall, within ten days, examine ((and validate)) the
signatures thereon and certify to the sufficiency or insufficiency thereof((;
and for such purpose the county auditor shall have access to all registration
books in the possession of the officers of any city or town in the proposed
district)). If the area proposed to be annexed is located in more than
one county, the auditor of the county in which the largest geographic portion
of the area proposed to be annexed is located shall be the lead auditor and
shall immediately transfer a copy of the petitions to the auditor of each other
county in which the area proposed to be annexed is located. Within ten days
after the lead auditor received the petition, the auditors of these other
counties shall certify to the lead auditor: (1) The number of voters of that
county residing in the area proposed to be annexed who voted at the last
municipal general election; and (2) the number of valid signatures on the
petition of voters of that county residing in the area proposed to be annexed.
The lead auditor shall certify the sufficiency of the petition after receiving
this information. If the petition contains a sufficient number of valid
signatures, the lead county auditor ((of the county in which the real
property proposed to be annexed is located)) shall transmit it, together
with a certificate of sufficiency attached thereto, to the ((water))
commissioners of the district.
If there are no
registered voters 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
of each county in which the territory proposed to be annexed is located.
The county legislative
authority, upon receipt of a petition certified to contain a sufficient number
of signatures of registered voters, 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 ((water)) commissioners, at a
regular or special meeting shall cause to be published once a week for at least
two weeks in 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. 903. RCW 57.24.020 and 1982
1st ex.s. c 17 s 22 are each amended to read as follows:
When such petition is
presented for hearing, the legislative authority of each county in which the
territory proposed to be annexed is located shall hear the petition or may
adjourn the hearing from time to time not exceeding one month in all, and any
person, firm, or corporation may appear before the county legislative authority
and make objections to the proposed boundary lines or to annexation of the
territory described in the petition. 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 boundaries and shall find whether the proposed
annexation as established by the county legislative authority to the ((water))
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 ((water district of the territory
proposed to be annexed to the water)) 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 territory as so
established and defined. No change shall be made by the county legislative
authority in the boundary lines, including any territory outside of the
boundary lines described in the petition. No person having signed such
petition shall be allowed to withdraw ((his)) such person's name
therefrom after the filing of the petition with the board of ((water))
commissioners.
Upon the entry of the
findings of the final hearing each county legislative authority, if ((they))
it finds the proposed annexation 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,
shall give notice of a special election to be held within the boundaries of the
territory proposed to be annexed to the ((water)) district for the
purpose of determining whether the same shall be annexed to the ((water))
district. The notice shall particularly describe the boundaries established by
the county legislative authority, and shall state the name of the ((water))
district to which the territory is proposed to be annexed, and the notice shall
be published in a newspaper of general circulation in the territory proposed to
be annexed at least once a week for a minimum of two successive weeks prior to
the election and shall be posted for the same period in at least four public
places within the boundaries of the territory proposed to be annexed, which
notice shall designate the places within the territory proposed to be annexed
where the election shall be held, and the proposition to the voters shall be
expressed on ballots which contain the words:
For
Annexation to ((Water)) District
or
Against Annexation
to ((Water)) District
The county legislative
authority shall name the persons to act as judges at ((such)) that
election.
Sec. 904. RCW 57.24.040 and 1929 c
114 s 16 are each amended to read as follows:
The ((said)) annexation
election shall be held on the date designated in ((such)) the
notice and shall be conducted in accordance with the general election laws of
the state. ((In the event)) If the original petition for
annexation is signed by qualified ((electors)) voters, then only
qualified ((electors,)) voters at the date of election((,))
residing in the territory proposed to be annexed, shall be permitted to vote at
the ((said)) election. ((In the event))
If the original
petition for annexation is signed by property owners as provided for in this ((act))
chapter, then no person shall be entitled to vote at ((such)) that
election unless at the time of the filing of the original petition he or she
owned land in the district of record and in addition thereto at the date of
election shall be a qualified ((elector)) voter of the county in
which such district is located. It shall be the duty of the county auditor,
upon request of the county ((commissioners)) legislative authority,
to certify ((to the election officers of any such election,)) the names
of all persons owning land in the district at the date of the filing of the
original petition as shown by the records of ((his)) the auditor's
office; and at any such election the ((election officers)) county
auditor may require any such ((landowner)) property owner
offering to vote to take an oath that ((he)) the property owner
is a qualified ((elector)) voter of the county before ((he))
the property owner shall be allowed to vote((; PROVIDED, That)).
However, at any election held under the provisions of this ((act)) chapter
an officer or agent of any corporation having its principal place of business
in ((said)) the county and owning land at the date of filing the
original petition in the district duly authorized ((thereto)) in writing
may cast a vote on behalf of such corporation. When so voting ((he)) the
person shall file with the ((election officers)) county auditor
such a written instrument of ((his)) that person's authority. ((The
judge or judges at such election shall make return thereof to the board of
water commissioners, who shall canvass such return and cause a statement of the
result of such election to be entered on the record of such commissioners.))
If the majority of the
votes cast upon the question of such election shall be for annexation, then ((such))
the territory concerned shall immediately be and become annexed
to such ((water)) district and the same shall then forthwith be a part
of the ((said water)) district, the same as though originally included
in ((such)) that district.
Sec. 905. RCW 57.24.050 and 1929 c
114 s 17 are each amended to read as follows:
All elections held
pursuant to this ((act)) chapter, whether general or special,
shall be conducted by the county election board of the county in which the
district is located. The expense of all such elections shall be paid for out
of the funds of such ((water)) district.
Sec. 906. RCW 57.24.070 and 1985 c
141 s 8 are each amended to read as follows:
As an alternative
method of annexation, a petition for annexation of an area contiguous to a
((water)) district may be made in writing, addressed to and filed with
the board of commissioners of the district to which annexation is desired. It
must be signed by the owners, according to the records of the county auditor,
of not less than sixty percent of the area of land for which annexation is
petitioned, excluding county and state rights of way, parks, tidelands, lakes,
retention ponds, and stream and water courses. Additionally, the petition
shall set forth a description of the property according to government legal
subdivisions or legal plats, and shall be accompanied by a plat which outlines
the boundaries of the property sought to be annexed. ((Such)) Those
county and state properties shall be excluded from local improvement districts
or utility local improvement districts in the annexed area and from special
assessments, rates, or charges of the district except where service has been
regulated and provided to such properties. The owners of such property shall
be invited to be included within local improvement districts or utility local
improvement districts at the time they are proposed for formation.
Sec. 907. RCW 57.24.090 and 1953 c
251 s 20 are each amended to read as follows:
Following the hearing
the board of commissioners shall determine by resolution whether annexation
shall be made. It may annex all or any portion of the proposed area but may
not include in the annexation any property not described in the petition. Upon
passage of the resolution a certified copy shall be filed with the ((board
of county commissioners)) legislative authority of the county in
which the annexed property is located.
Sec. 908. RCW 57.24.170 and 1982 c
146 s 4 are each amended to read as follows:
When there is, within a
((water)) district, unincorporated territory containing less than one
hundred acres and having at least eighty percent of the boundaries of such area
contiguous to the ((water)) district, the board of commissioners may
resolve to annex ((such)) that territory to the ((water))
district. The resolution shall describe the boundaries of the area to be
annexed, state the number of voters residing therein as nearly as may be, and
set a date for a public hearing on such resolution for annexation. Notice of
the hearing shall be given by publication of the resolution at least once a
week for two weeks prior to the date of the hearing, in one or more newspapers
of general circulation within the ((water)) district and one or more
newspapers of general circulation within the area to be annexed.
Sec. 909. RCW 57.24.180 and 1982 c
146 s 5 are each amended to read as follows:
On the date set for
hearing under RCW 57.24.170, residents or property owners of the area included
in the resolution for annexation shall be afforded an opportunity to be heard.
The board of commissioners may provide by resolution for annexation of the
territory described in the resolution, but the effective date of the resolution
shall be not less than forty-five days after the passage thereof. The board of
commissioners shall cause notice of the proposed effective date of the
annexation, together with a description of the property to be annexed, to be
published at least once each week for two weeks subsequent to passage of the
resolution, in one or more newspapers of general circulation within the ((water))
district and in one or more newspapers of general circulation within the area
to be annexed. Upon the filing of a timely and sufficient referendum petition
under RCW 57.24.190, a referendum election shall be held under RCW 57.24.190,
and the annexation shall be deemed approved by the voters unless a majority of
the votes cast on the proposition are in opposition thereto. After the
expiration of the forty-fifth day from((,)) but excluding the date of
passage of the annexation resolution, if no timely and sufficient referendum
petition has been filed, under RCW 57.24.190, the area annexed shall become a
part of the ((water)) district upon the date fixed in the resolution of
annexation.
Sec. 910. RCW 57.24.190 and 1990 c
259 s 32 are each amended to read as follows:
((Such)) The
annexation resolution under RCW 57.24.180 shall be subject to referendum for
forty-five days after the passage thereof. Upon the filing of a timely and
sufficient referendum petition with the board of commissioners, signed by
registered voters in number equal to not less than ten percent of the
registered voters in the area to be annexed who voted in the last ((general))
municipal general election, the question of annexation shall be
submitted to the voters of such area in a general election if one is to be held
within ninety days or at a special election called for that purpose by the
board of commissioners in accordance with RCW 29.13.010 and 29.13.020. Notice
of ((such)) that election shall be given under RCW 57.24.020 and
the election shall be conducted under RCW 57.24.040. The annexation shall be
deemed approved by the voters unless a majority of the votes cast on the
proposition are in opposition thereto.
After the expiration of
the forty-fifth day from but excluding the date of passage of the annexation
resolution, if no timely and sufficient referendum petition has been filed, the
area annexed shall become a part of the ((water)) district upon the date
fixed in the resolution of annexation upon transmitting the resolution to the
county legislative authority.
Sec. 911. RCW 57.24.200 and 1986 c
258 s 2 are each amended to read as follows:
((Water)) A
district((s)) may expend funds to inform residents in areas proposed for
annexation into the district of the following:
(1) Technical
information and data;
(2) The fiscal impact
of the proposed improvement; and
(3) The types of
improvements planned.
Expenditures under this
section shall be limited to research, preparation, printing, and mailing of the
information.
Sec. 912. RCW 57.24.210 and 1995 c
279 s 2 are each amended to read as follows:
When there is
unincorporated territory containing less than one hundred acres and having at
least eighty percent of the boundaries of such area contiguous to two municipal
corporations providing water service, one of which is ((either a water or
sewer)) a water-sewer district, the legislative authority of either
of the contiguous municipal corporations may resolve to annex such territory to
that municipal corporation, provided a majority of the legislative authority of
the other contiguous municipal corporation concurs. In such event, the
municipal corporation resolving to annex such territory may proceed to effect
the annexation by complying with RCW 57.24.170 through 57.24.190. For purposes
of this section, "municipal corporation" means a ((water district,
sewer)) water-sewer district, city, or town.
Sec. 913. RCW 57.24.220 and 1994 c
292 s 8 are each amended to read as follows:
A ((water))
district assuming responsibility for a water system that is not in compliance
with state or federal requirements for public drinking water systems, and its
agents and employees, are immune from lawsuits or causes of action, based on noncompliance
with state or federal requirements for public drinking water systems, which
predate the date of assuming responsibility and continue after the date of
assuming responsibility, provided that the ((water)) district has
submitted and is complying with a plan and schedule of improvements approved by
the department of health. This immunity shall expire on the earlier of the
date the plan of improvements is completed or four years from the date of
assuming responsibility. This immunity does not apply to intentional injuries,
fraud, or bad faith.
PART X - WITHDRAWAL OF TERRITORY
Sec. 1001. RCW 57.28.001 and 1989 c
84 s 59 are each amended to read as follows:
Actions taken under this
chapter ((57.28 RCW)) may be subject to potential review by a boundary
review board under chapter 36.93 RCW.
Sec. 1002. RCW 57.28.010 and 1941 c
55 s 1 are each amended to read as follows:
Territory within ((an
established water)) a district ((for public supply systems))
may be withdrawn therefrom in the following manner and upon the following
conditions: The petition for withdrawal shall be in writing and shall
designate the boundaries of the territory proposed to be withdrawn from the
district and shall be signed by at least twenty-five percent of the qualified
((electors)) voters residing within the territory so designated
who are qualified ((electors)) voters on the date of filing such
petition. The petition shall set forth that the territory proposed to be
withdrawn is of such location or character that water and sewer services
cannot be furnished to it by ((such water)) the district at
reasonable cost, and shall further set forth that the withdrawal of such
territory will be of benefit to such territory and conducive to the general
welfare of the balance of the district.
Sec. 1003. RCW 57.28.020 and 1982
1st ex.s. c 17 s 23 are each amended to read as follows:
The petition for
withdrawal shall be filed with the county ((election officer)) auditor
of each county in which the ((water)) district is located, and after the
filing no person having signed the petition shall be allowed to withdraw ((his))
the person's name therefrom. Within ten days after such filing, each
county ((election officer)) auditor shall examine and verify the
signatures of signers residing in the respective county. ((For such
purpose the county election officer shall have access to all appropriate registration
books in the possession of the election officers of any incorporated city or
town within the water district.)) The petition shall be transmitted to the
((election officer)) auditor of the county in which ((the
largest land area)) all or the major geographic portion of the
district is located, who shall certify to the sufficiency or insufficiency of
the signatures. If the area proposed to be withdrawn is located in more
than one county, the auditor of the county in which the largest geographic portion
of the area proposed to be withdrawn is located shall be the lead auditor and
shall immediately transfer a copy of the petitions to the auditor of each other
county in which the area proposed to be withdrawn is located. Within ten days
after the lead auditor received the petition, the auditors of these other
counties shall certify to the lead auditor: (1) The number of voters of that
county residing in the area proposed to be withdrawn who voted at the last
municipal general election; and (2) the number of valid signatures on the
petition of voters of that county residing in the area proposed to be
withdrawn. The lead auditor shall certify the sufficiency of the petition
after receiving this information. If such petition be found by such county
((election officer)) auditor to contain sufficient signatures,
the petition, together with a certificate of sufficiency attached thereto,
shall be transmitted to the board of commissioners of the ((water))
district.
Sec. 1004. RCW 57.28.030 and 1941 c
55 s 3 are each amended to read as follows:
In the event there are
no qualified ((electors)) voters residing within the territory
proposed to be withdrawn, ((then)) the petition for withdrawal may be
signed by such persons as appear of record to own at least a majority of the
acreage within such territory, in which event the petition shall also state the
total number of acres and the names of all record owners of the land within
such territory. The petition so signed shall be filed with the board of
commissioners of the ((water)) district, and after such filing no person
having signed the same shall be allowed to withdraw ((his)) that
person's name.
Sec. 1005. RCW 57.28.035 and 1985 c
153 s 1 are each amended to read as follows:
As an alternative
procedure to those set forth in RCW 57.28.010 through 57.28.030, the withdrawal
of territory within a ((water)) district may be commenced by a
resolution of the board of commissioners that sets forth boundaries of the
territory to be withdrawn and sets a date for the public hearing required under
RCW 57.28.050. Upon the final hearing, the board of commissioners shall
make such changes in the proposed boundaries as they deem proper, except that
no changes in the boundary lines may be made by the board of
commissioners to include lands not within the boundaries of the territory as
described in such resolution.
Whenever the board of
commissioners proposes to commence the withdrawal of any portion of ((their))
its territory located within a city or town using the alternative
procedures herein authorized, ((they)) it shall first notify such
city or town of their intent to withdraw ((said)) the territory.
If the legislative authority of the city or town takes no action within sixty
days of receipt of notification, the district may proceed with the resolution
method.
If the city or town
legislative authority disapproves of use of the alternative procedures, the
board of commissioners may proceed using the process established ((pursuant
to)) under RCW 57.28.010 through 57.28.030.
A withdrawal procedure
commenced under this section shall be subject to the procedures and
requirements set forth in RCW 57.28.040 through 57.28.110.
Sec. 1006. RCW 57.28.040 and 1985 c
469 s 59 are each amended to read as follows:
Upon receipt by the board
of commissioners of a petition and certificate of sufficiency of the
auditor, or if the petition is signed by landowners and the board of
commissioners ((are)) is satisfied as to the sufficiency of the
signatures thereon, ((they)) it 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 board
of 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 at least once a week for two successive weeks in a newspaper 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 board of
commissioners may by resolution direct.
Prior to fixing the time
for a hearing on any such petition, the board of commissioners in ((their))
its 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 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)) district board of
commissioners, then there shall be no duty on the part of the board of
commissioners to act upon the petition.
Sec. 1007. RCW 57.28.050 and 1986 c
109 s 1 are each amended to read as follows:
The petition for
withdrawal shall be heard at the time and place specified in such notice or the
hearing may be adjourned from time to time, not exceeding one month in all, and
any person may appear at such hearing and make objections to the withdrawal of
such territory or to the proposed boundary lines thereof. Upon final hearing
on the petition for withdrawal, the board of commissioners of the ((water))
district shall make such changes in the proposed boundary lines as ((they))
it deems to be proper, except that no changes in the boundary
lines shall be made by the board of commissioners to include lands not
within the boundaries of the territory as described in such petition. In
establishing and defining such boundaries the board of commissioners
shall exclude any property which is then being furnished with water or sewer
service by the ((water)) district or which is included in any
distribution or collection system the construction of ((which has
been duly authorized or)) which is included within any duly established
local improvement district or utility local improvement district, and the
territory as finally established and defined must be substantial in area and
consist of adjoining or contiguous properties. The board of
commissioners shall thereupon make and by resolution adopt findings of fact as
to the following questions:
(1) Would the
withdrawal of such territory be of benefit to such territory?
(2) Would such
withdrawal be conducive to the general welfare of the balance of the district?
Such findings shall be
entered in the records of the ((water)) district, together with any
recommendations the board of commissioners may by resolution adopt.
Sec. 1008. RCW 57.28.060 and 1982
1st ex.s. c 17 s 24 are each amended to read as follows:
Within ten days after
the final hearing the board of commissioners of the ((water))
district shall transmit to the county legislative authority of each county in
which the ((water)) district is located the petition for withdrawal,
together with a copy of the findings and recommendations of the board of
commissioners of the ((water)) district certified by the secretary of
the ((water)) district to be a true and correct copy of such findings
and recommendations as the same appear on the records of the ((water))
district.
Sec. 1009. RCW 57.28.070 and 1982
1st ex.s. c 17 s 25 are each amended to read as follows:
Upon receipt of the
petition and certified copy of the findings and recommendations adopted
by the ((water)) district commissioners, the county legislative
authority of each county in which the district is located at a regular or
special meeting shall fix a time and place for hearing thereon and shall cause
to be published at least once a week for two or more weeks in successive issues
of a newspaper of general circulation in the ((water)) district, a
notice that such petition has been presented to the county legislative
authority stating the time and place of the hearing thereon, setting forth the
boundaries of the territory proposed to be withdrawn as such boundaries are
established and defined in the findings or recommendations of the board of
commissioners of the ((water)) district.
Sec. 1010. RCW 57.28.080 and 1941 c
55 s 8 are each amended to read as follows:
((Such)) The
petition shall be heard at the time and place specified in ((such)) the
notice, or the hearing may be adjourned from time to time, not exceeding one
month in all, and any person may appear at ((such)) the hearing
and make objections to the withdrawal of ((such)) the territory.
Upon final hearing on ((such)) the petition the ((said))
county ((commissioners)) legislative authority shall thereupon
make, enter, and by resolution adopt ((their)) its
findings of fact on the questions ((above)) set forth in RCW 57.28.050.
If ((such)) the findings of fact answer ((said)) the
questions affirmatively, and if they are the same as the findings made by the
((water)) district commissioners, then the county ((commissioners))
legislative authority shall by resolution declare that ((such)) the
territory be withdrawn from ((such water)) that district, and
thereupon ((such)) the territory shall be withdrawn and excluded
from ((such water)) that district the same as if it had never
been included therein except for the lien of taxes as hereinafter set forth((,
provided, that)). However, the boundaries of the territory
withdrawn shall be the boundaries established and defined by the ((said
water)) district board of commissioners and shall not be altered or
changed by the county ((commissioners)) legislative authority
unless the unanimous consent of the ((water)) district commissioners be
given in writing to any such alteration or change.
Sec. 1011. RCW 57.28.090 and 1982
1st ex.s. c 17 s 26 are each amended to read as follows:
If the findings of any
county legislative authority answer any of ((such)) the questions
of fact set forth in RCW 57.28.050 in the negative, or if any of the findings
of the county legislative authority are not the same as the findings of the ((water))
district board of commissioners upon the same question, then in either
of such events, the petition for withdrawal shall be deemed denied. Thereupon,
and in such event, the county legislative authority of each county in which the
district is located shall by resolution cause a special election to be held not
less than thirty days or more than sixty days from the date of the final
hearing of any county legislative authority upon the petition for withdrawal,
at which election the proposition expressed on the ballots shall be
substantially as follows:
"Shall the
territory established and defined by the ((water)) district board of
commissioners at ((their)) its meeting held on the
. . . . . . (insert date of final hearing of ((water))
district board of commissioners upon the petition for withdrawal) be
withdrawn from ((water)) district . . . . . .
(naming it).
YES G NO G"
Sec. 1012. RCW 57.28.100 and 1982
1st ex.s. c 17 s 27 are each amended to read as follows:
Notice of ((such))
the election shall be posted and published in the same manner provided
by law for the posting and publication of notice of elections to annex
territory to ((water)) districts. The territory described in the notice
shall be that established and defined by the ((water)) district board
of commissioners. All qualified voters residing within the ((water))
district shall have the right to vote at the election. If a majority of the
votes cast favor the withdrawal from the ((water)) district of such
territory, then within ten days after the official canvass of ((such)) the
election the county legislative authority of each county in which the district
is located((,)) shall by resolution establish that the territory has
been withdrawn, and the territory shall thereupon be withdrawn and excluded
from the ((water)) district the same as if it had never been included
therein except for the lien of any taxes as hereinafter set forth.
Sec. 1013. RCW 57.28.110 and 1941 c
55 s 11 are each amended to read as follows:
((Any and all)) Taxes
or assessments levied or assessed against property located in territory
withdrawn from a ((water)) district shall remain a lien and be ((collectible))
collected as by law provided when ((such)) the taxes or
assessments are levied or assessed prior to ((such)) the
withdrawal or when ((such)) the levies or assessments are duly
made to provide revenue for the payment of general obligations or general
obligation bonds of the ((water)) district duly incurred or issued prior
to ((such)) the withdrawal.
PART XI - CONSOLIDATION OF DISTRICTS AND
TRANSFER OF TERRITORY
Sec. 1101. RCW 57.32.001 and 1989 c
84 s 60 are each amended to read as follows:
Actions taken under this
chapter ((57.32 RCW)) may be subject to potential review by a boundary
review board under chapter 36.93 RCW.
Sec. 1102. RCW 57.32.010 and 1989 c
308 s 11 are each amended to read as follows:
Two or more ((water))
districts may be joined into one consolidated ((water)) district. The
consolidation may be initiated in either of the following ways: (1) Ten
percent of the ((legal electors)) voters residing within each of
the ((water)) districts proposed to be consolidated may petition the
board of ((water)) commissioners of ((each of)) their respective
((water)) districts to cause the question to be submitted to the((legal
electors)) voters of the ((water)) districts proposed to be
consolidated; or (2) the board((s)) of ((water))
commissioners of each of the ((water)) districts proposed to be
consolidated may by resolution determine that the consolidation of the
districts shall be conducive to the public health, welfare, and convenience and
to be of special benefit to the lands of the districts.
Sec. 1103. RCW 57.32.020 and 1982
1st ex.s. c 17 s 30 are each amended to read as follows:
If the consolidation
proceedings are initiated by petitions, upon the filing of such
petitions with the boards of ((water)) commissioners of the ((water))
districts, the boards of ((water)) commissioners of each district shall
file such petitions with the ((election officer)) auditor of ((each))
the county in which ((any)) all or the largest geographic
portion of the respective districts is located, who shall
within ten days examine and verify the signatures of the signers residing in
the county. ((The petition shall be transmitted by the other county
election officers to the county election officer of the county in which the
largest land area involved in the petitions is located, who shall certify to
the sufficiency or insufficiency of the signatures.)) If the districts
proposed to be consolidated include areas located in more than one county, the
auditor of the county in which the largest geographic portion of the
consolidating districts is located shall be the lead auditor and shall
immediately transfer a copy of the petitions to the auditor of each other county
in which the consolidating districts are located. Within ten days after the
lead auditor received the petition, the auditors of these other counties shall
certify to the lead auditor: (1) The number of voters of that county residing
in each consolidating district; and (2) the number of valid signatures on the
petition of voters of that county residing in each consolidating district. The
lead auditor shall certify the sufficiency of the petition after receiving this
information. If all of such petitions shall be found to contain a
sufficient number of signatures, the county ((election officer)) auditor
shall transmit the same, together with a certificate of sufficiency attached
thereto, to the board((s)) of ((water)) commissioners of each of
the districts proposed for consolidation. ((In the event that))
If there are no
((legal electors)) voters residing in one or more of the ((water))
districts proposed to be consolidated, such petitions may be signed by such a
number of landowners as appear of record to own at least a majority of
the acreage in the pertinent ((water)) district, and the petitions shall
disclose the total number of acres of land in ((the said water)) that
district and shall also contain the names of all record owners of land therein.
Sec. 1104. RCW 57.32.021 and 1967
ex.s. c 39 s 8 are each amended to read as follows:
Upon receipt by the
boards of ((water)) commissioners of the districts proposed for
consolidation, hereinafter referred to as the "consolidating
districts", of the lead county auditor's certificate of sufficiency
of the petitions, or upon adoption by the boards of ((water))
commissioners of the consolidating districts of their resolutions for
consolidation, the boards of ((water)) commissioners of the
consolidating districts shall, within ninety days, enter into an agreement
providing for consolidation. The agreement shall set forth the method and
manner of consolidation, a comprehensive plan or scheme of water supply,
sewer, and drainage services for the consolidated district, and((,))
if the comprehensive plan or scheme of water supply, sewer, and drainage
services provides that one or more of the consolidating districts or the
proposed consolidated district issue revenue bonds for either the
construction ((and/or)) or other costs of any part or all of ((said))
the comprehensive plan, or both, then the details thereof shall
be set forth. The requirement that a comprehensive plan or scheme of water
supply, sewer, and drainage services for the consolidated district be
set forth in the agreement for consolidation((,)) shall be satisfied if
the existing comprehensive plans or schemes of the consolidating districts are
incorporated therein by reference and any changes or additions thereto are set
forth in detail.
Sec. 1105. RCW 57.32.022 and 1994 c
223 s 71 are each amended to read as follows:
The ((respective))
boards of ((water)) commissioners of the consolidating districts shall
certify the agreement to the county ((election officer)) auditors
of ((each county)) the respective counties in which the districts
are located. A special election shall be called by the county ((election
officer)) auditors for the purpose of submitting to the voters of
each of the consolidating districts the proposition of whether or not the
several districts shall be consolidated into one ((water)) district.
The proposition shall give the title of the proposed consolidated district.
Notice of the election shall be given and the election conducted in accordance
with the general election laws.
Sec. 1106. RCW 57.32.023 and 1994 c
223 s 72 are each amended to read as follows:
If at the election a
majority of the voters in each of the consolidating districts vote in favor of
the consolidation, the county canvassing board shall so declare in its canvass
and the return of such election shall be made within ten days after the date
thereof. Upon the return the consolidation shall be effective and the
consolidating districts shall cease to exist and shall then be and become a new
((water)) district and municipal corporation of the state of
Washington. The name of ((such)) the new ((water))
district shall be "((Water District No. . . . . .))
Water-Sewer District," ". . . . . Water
District," ". . . . . Sewer District," or
". . . . . District No.,"((,)) which
shall be the name appearing on the ballot. The district shall have all and
every power, right, and privilege possessed by other water-sewer, sewer, or
water districts of the state of Washington. The district may issue revenue
bonds to pay for the construction of any additions and betterments set forth in
the comprehensive plan of water supply, sewer, and drainage services
contained in the agreement for consolidation and any future additions and
betterments to the comprehensive plan of water supply, sewer, and drainage
services, as its board of ((water)) district commissioners
shall by resolution adopt, without submitting a proposition therefor to the
voters of the district.
Sec. 1107. RCW 57.32.024 and 1967
ex.s. c 39 s 11 are each amended to read as follows:
Upon the formation of any
consolidated ((water)) district, all funds, rights, and property,
real and personal, of the former districts, shall vest in and become the
property of the consolidated district. Unless the agreement for consolidation
provides to the contrary, any outstanding indebtedness of any form, owed by the
districts, shall remain the obligation of the area of the original debtor
district and the ((water)) board of commissioners of the
consolidated ((water)) district shall make such levies, assessments,
or charges for service upon that area or the ((water)) users therein as
shall pay off the indebtedness at maturity.
Sec. 1108. RCW 57.32.130 and 1985 c
141 s 9 are each amended to read as follows:
The ((water))
commissioners of ((all water)) the districts consolidated into
any new consolidated ((water)) district shall become ((water))
commissioners thereof until their respective terms of office expire or until
they resign from office if the resignation is before the expiration of their
terms of office. At each election of ((water)) commissioners
following the consolidation, only one position shall be filled, so that as the
terms of office expire, the total number of ((water))
commissioners in the consolidated ((water)) district shall be reduced to
three. However, if the agreement provides that the consolidated district
eventually will be governed by a five-member board of commissioners, one
commissioner shall be elected to a six-year term of office at the first
district general election following the consolidation, two commissioners shall
be elected to six-year terms of office at the second district general election
following the consolidation, and two commissioners shall be elected to six-year
terms of office at the third district general election following the
consolidation.
Sec. 1109. RCW 57.32.160 and 1987 c
449 s 18 are each amended to read as follows:
A part of one ((water
or sewer)) district may be transferred into an adjacent ((water))
district if the area can be better served thereby. Such transfer can be
accomplished by a petition, directed to both districts, signed by the owners
according to the records of the county auditor of not less than sixty percent
of the area of land to be transferred. If a majority of the commissioners of
each district approves the petition, copies of the approving resolutions shall
be filed with the county legislative authority which shall act upon the
petition as a proposed action in accordance with RCW 57.02.040.
PART XII - MERGER OF DISTRICTS
Sec. 1201. RCW 57.36.001 and 1989 c
84 s 61 are each amended to read as follows:
Actions taken under this
chapter ((57.36 RCW)) may be subject to potential review by a boundary
review board under chapter 36.93 RCW.
Sec. 1202. RCW 57.36.010 and 1989 c
308 s 12 are each amended to read as follows:
Whenever ((two water))
one or more districts desire to merge((, either district, hereinafter))
into another district, the district or districts desiring to merge into the
other district shall be referred to as the "merging district"((,
may merge into the other district, hereinafter)) or "merging
districts" and the district into which the merging district or districts
desire to merge shall be referred to as the "merger district."((,
and)) after the merger, the merger district ((will)) shall
survive under its original name or number.
Sec. 1203. RCW 57.36.020 and 1967
ex.s. c 39 s 4 are each amended to read as follows:
A merger of ((two
water)) districts may be initiated in either of the following ways:
(1) Whenever the boards
of ((water)) commissioners of ((both such)) districts determine
by resolution that the merger of such districts shall be conducive to the
public health, welfare, and convenience and to be of special benefit to
the lands of such districts.
(2) Whenever ten
percent of the ((legal electors)) voters residing within the
merging district or districts petition the board of ((water))
commissioners of the merging ((water)) district or districts for
a merger, and the board of ((water)) commissioners of the merger
district determines by resolution that the merger of the districts shall be
conducive to the public health, welfare, and convenience of the ((two))
districts.
Sec. 1204. RCW 57.36.030 and 1982
1st ex.s. c 17 s 33 are each amended to read as follows:
Whenever a merger is
initiated in either of the two ways provided under this chapter, the boards of
((water)) commissioners of the ((two)) districts shall enter into
an agreement providing for the merger. ((Said)) The agreement
must be entered into within ninety days following completion of the last act in
initiation of the merger.
The respective boards
of ((water)) commissioners shall certify the agreement to the county ((election
officer)) auditor of each county in which the districts are
located. ((The)) Each county ((election officer)) auditor
shall call a special election for the purpose of submitting to the voters of
the ((merging)) respective districts the proposition of
whether the merging district or districts shall be merged into the
merger district. Notice of the elections shall be given and the
elections conducted in accordance with the general election laws.
Sec. 1205. RCW 57.36.040 and 1982 c
104 s 2 are each amended to read as follows:
If at such election a
majority of the voters of the merging ((water)) district or districts
shall vote in favor of the merger, the county canvassing board shall so declare
in its canvass and the return of such election shall be made within ten days
after the date thereof, and upon such return the merger shall be effective and
the merging ((water)) district or districts shall cease to exist
and shall become a part of the merger ((water)) district. The ((water))
commissioners of the merging district or districts shall hold office as
commissioners of the new ((consolidated water)) merged district
until their respective terms of office expire or until they resign from office
if the resignation is before the expiration of their terms of office. ((At
the district election immediately preceding the time when the total number of remaining
water commissioners is reduced to two through expiration of terms of office,
one water commissioner shall be elected for a four year term of office. At the
next district election, one water commissioner shall be elected for a four year
term of office and one shall be elected for a six year term of office.
Thereafter, each water commissioner shall be elected for a six-year term of
office in the manner provided by RCW 57.12.020 and 57.12.030 for elections in
an existing district.)) The election of commissioners in the merger
district after the merger shall occur as provided in RCW 57.32.130 in a
consolidated district after the consolidation.
Sec. 1206. RCW 57.40.135 and 1988 c
162 s 4 are each amended to read as follows:
A person who serves on
the board of commissioners of a ((sewer)) merging district ((that
merges under this chapter into a water district, for which the person also
serves on the board of commissioners, shall only hold one position on the board
of commissioners of the district that results from the merger)) and a
merger district shall hold only one position on the board of commissioners of
the merger district and shall only receive compensation, expenses, and
benefits that are available to a single commissioner.
Sec. 1207. RCW 57.36.050 and 1967
ex.s. c 39 s 7 are each amended to read as follows:
All funds and property,
real and personal, of the merging district or districts, shall vest in
and become the property of the merger district. Unless the agreement of merger
provides to the contrary, any outstanding indebtedness of any form, owed by the
districts, shall remain the obligation of the area of the original debtor
district; and the ((water)) commissioners of the merger ((water))
district shall make such levies, assessments, or charges for service
upon ((said)) such area or the ((water)) users therein as
shall pay off such indebtedness at maturity.
PART XIII - DISPOSITION OF
PROPERTY
Sec. 1301. RCW 57.42.010 and 1973
1st ex.s. c 56 s 1 are each amended to read as follows:
Subject to the
provisions of RCW 57.42.020 and 57.42.030, any ((water)) district
created under the provisions of this title may sell, transfer, exchange, lease
or otherwise dispose of any property, real or personal, or property rights,
including but not limited to the title to real property, to a public utility
district in the same county on such terms as may be mutually agreed upon by the
board of commissioners of each district.
Sec. 1302. RCW 57.42.020 and 1973
1st ex.s. c 56 s 2 are each amended to read as follows:
No ((water))
district shall dispose of its property to a public utility district unless the
respective board of commissioners of each district shall determine by
resolution that such disposition is in the public interest and conducive to the
public health, welfare, and convenience. Copies of each resolution,
together with copies of the proposed disposition agreement, shall be
filed with the legislative authority of the county in which the ((water))
district is located((,)) and with the superior court of that county.
Unless the proposed agreement provides otherwise, any outstanding indebtedness
of any form((,)) owed by the water district((,)) shall remain the
obligation of the area of the ((water)) district, and the
board of commissioners of the public utility district ((commissioners))
shall be empowered to make such levies, assessments, or charges upon
that area or the water, sewer, or drainage users therein as shall pay
off the indebtedness at maturity.
Sec. 1303. RCW 57.42.030 and 1973
1st ex.s. c 56 s 3 are each amended to read as follows:
Within ninety days
after the resolutions and proposed agreement have been filed with the court,
the court shall fix a date for a hearing and shall direct that notice of the
hearing be given by publication. After reviewing the proposed agreement and
considering other evidence presented at the hearing, the court may determine by
decree that the proposed disposition is in the public interest and conducive to
the public health, welfare, and convenience. In addition, the decree
shall authorize the payment of all or a portion of the indebtedness of the ((water))
district relating to property disposed of under such decree. Pursuant to the
court decree, the ((water)) district shall dispose of its property under
the terms of the disposition agreement with the public utility district.
PART XIV - LOW-INCOME CUSTOMER
ASSISTANCE
Sec. 1401. RCW 57.46.010 and 1995 c
399 s 149 are each amended to read as follows:
A ((water))
district may include along with, or as part of its regular customer billings, a
request for voluntary contributions to assist qualified low-income residential
customers of the district in paying their ((water)) district bills. All
funds received by the district in response to such requests shall be
transmitted to the grantee of the department of community, trade, and economic
development which administers federally funded energy assistance programs for
the state in the district's service area or to a charitable organization within
the district's service area. All such funds shall be used solely to supplement
assistance to low-income residential customers of the district in paying their
((water)) district bills. The grantee or charitable organization shall
be responsible to determine which of the district's customers are qualified for
low-income assistance and the amount of assistance to be provided to those who
are qualified.
Sec. 1402. RCW 57.46.020 and 1995 c
399 s 150 are each amended to read as follows:
All assistance provided
under this chapter shall be disbursed by the grantee or charitable
organization. Where possible the ((water)) district ((will)) shall
be paid on behalf of the customer by the grantee or the charitable
organization. When direct vendor payment is not feasible, a check ((will))
shall be issued jointly payable to the customer and the ((water))
district. The availability of funds for assistance to a district's low-income
customers as a result of voluntary contributions shall not reduce the amount of
assistance for which the district's customers are eligible under the federally
funded energy assistance programs administered by the grantee of the department
of community, trade, and economic development within the district's service
area. The grantee or charitable organization shall provide the district with a
quarterly report on January 15th, April 15th, July 15th, and October 15th which
includes information concerning the total amount of funds received from the
district, the names of all recipients of assistance from these funds, the
amount received by each recipient, and the amount of funds received from the
district currently on hand and available for future low-income assistance.
Sec. 1403. RCW 57.46.030 and 1993 c
45 s 7 are each amended to read as follows:
Contributions received
under a program implemented by a ((water)) district in compliance with
this chapter shall not be considered a commingling of funds.
PART XV - DISINCORPORATION
Sec. 1501. RCW 57.90.001 and 1989 c
84 s 63 are each amended to read as follows:
Actions taken under this
chapter ((57.90 RCW)) may be subject to potential review by a boundary
review board under chapter 36.93 RCW.
Sec. 1502. RCW 57.90.010 and 1991 c
363 s 137 are each amended to read as follows:
Water-sewer, sewer,
water, ((sewer,)) park and recreation, metropolitan park, county
rural library, cemetery, flood control, mosquito control, diking and drainage,
irrigation or reclamation, weed, health, or fire protection districts, and any
air pollution control authority, hereinafter referred to as "special
districts((",))," which are located wholly or in part
within a county with a population of two hundred ten thousand or more may be
disincorporated when the district has not actively carried out any of the
special purposes or functions for which it was formed within the preceding
consecutive five-year period.
Sec. 1503. RCW 57.90.020 and 1982
1st ex.s. c 17 s 35 are each amended to read as follows:
Upon the filing with
the county legislative authority of each county in which the district is
located of a resolution of any governmental unit calling for the
disincorporation of a special district, or upon the filing with the county
legislative authority of each county in which the district is located of the
petition of twenty percent of the ((qualified electors)) voters
within a special district calling for the disincorporation of ((a)) the
special district, the county legislative authority shall hold public
hearings to determine whether or not any services have been provided within a
consecutive five year period and whether the best interests of all persons
concerned will be served by the proposed dissolution of the special district.
Sec. 1504. RCW 57.90.030 and 1963 c
55 s 3 are each amended to read as follows:
If the ((board of))
county ((commissioners)) legislative authority finds that no
services have been provided within the preceding consecutive five-year
period and that the best interests of all persons concerned will be served by
disincorporating the special district, it shall order that such action
be taken, specify the manner in which it is to be accomplished and supervise
the liquidation of any assets and the satisfaction of any outstanding
indebtedness.
Sec. 1505. RCW 57.90.040 and 1963 c
55 s 4 are each amended to read as follows:
((In the event))
If a special district is disincorporated the proceeds of the sale of any
of its assets, together with money((s)) on hand in the treasury of the
special district, shall after payment of all costs and expenses and all
outstanding indebtedness be paid to the county treasurer to be placed to the
credit of the school district, or districts, in which such special district is
situated.
Sec. 1506. RCW 57.90.050 and 1963 c
55 s 5 are each amended to read as follows:
((In the event))
If a special district is disincorporated and the proceeds of the sale of
any of its assets, together with money((s)) on hand in the treasury of
the special district, are insufficient to retire any outstanding
indebtedness, together with all costs and expenses of liquidation, the
((board of)) county ((commissioners)) legislative authority
shall levy assessments in the manner provided by law against the property in
the special district in amounts sufficient to retire ((said)) the
indebtedness and pay ((such)) the costs and expenses.
Sec. 1507. RCW 57.90.100 and 1971
ex.s. c 125 s 1 are each amended to read as follows:
Whenever as the result
of abandonment of an irrigation district right of way real property held by an
irrigation district is to be sold or otherwise disposed of, notice shall be
given to the owners of the lands adjoining that real property and such
owners shall have ((a)) the right of first refusal to purchase at
the appraised price all or any part of the real property to be sold or
otherwise disposed of which adjoins or is adjacent to their land.
Real property to be
sold or otherwise disposed of under this section shall have been first
appraised by the county assessor or by a person designated by ((him)) the
county assessor.
Notice under this
section shall be sufficient if sent by registered mail to the owner((, and))
at the address((, as)) shown in the tax records of the county in which
the land is situated. Notice under this section shall be in addition to any ((other))
notice required by law.
After sixty days from
the date of sending of notice, if no applications for purchase have been
received by the irrigation district or other person or entity sending notice,
the rights of first refusal of owners of adjoining lands shall be deemed to
have been waived, and the real property may be ((sold or otherwise))
disposed of or sold.
If two or more owners
of adjoining lands apply to purchase the same real property, or apply to
purchase overlapping parts of the real property, the respective rights of the
applicants may be determined in the superior court of the county in which the
real property is situated((; and)). The court may divide the
real property in question between some or all of the applicants or award the
whole to one applicant, as justice may require.
PART XVI - TECHNICAL CORRECTIONS
Sec. 1601. RCW 35.13.900 and 1995 c
279 s 3 are each amended to read as follows:
Nothing in this chapter
precludes or otherwise applies to an annexation by a city or town of
unincorporated territory as authorized by RCW ((56.24.180, 56.24.200, and
56.24.205, or)) 57.24.170, 57.24.190, and 57.24.210.
Sec. 1602. RCW 35.58.570 and 1989 c
389 s 1 are each amended to read as follows:
(1) A metropolitan
municipal corporation that is engaged in the transmission, treatment, and
disposal of sewage may impose a capacity charge on users of the metropolitan
municipal corporation's sewage facilities when the user connects, reconnects,
or establishes a new service. The capacity charge shall be approved by the
council of the metropolitan municipal corporation and reviewed and reapproved
annually.
(2) The capacity charge
shall be based upon the cost of the sewage facilities' excess capacity that is
necessary to provide sewerage treatment for new users to the system. The
capacity charge, which may be collected over a period of fifteen years, shall
not exceed:
(a) Seven dollars per
month per residential customer equivalent for connections and reconnections
occurring prior to January 1, 1996; and
(b) Ten dollars and
fifty cents per month per residential customer equivalent for connections and
reconnections occurring after January 1, 1996, and prior to January 1, 2001.
For connections and
reconnections occurring after January 1, 2001, the capacity charge shall not
exceed fifty percent of the basic sewer rate per residential customer
equivalent established by the metropolitan municipal corporation at the time of
the connection or reconnection.
(3) The capacity charge
for a building other than a single-family residence shall be based on the
projected number of residential customer equivalents to be represented by the
building, considering its intended use.
(4) The council of the
metropolitan municipal corporation shall enforce the collection of the capacity
charge in the same manner provided for the collection, enforcement, and payment
of rates and charges for water-sewer districts provided in ((RCW
56.16.100 and 56.16.110)) section 314 of this act. At least thirty
days before commencement of an action to foreclose a lien for a capacity
charge, the metropolitan municipal corporation shall send written notice of
delinquency in payment of the capacity charge to any first mortgage or deed of
trust holder of record at the address of record.
(5) As used in this
section, "sewage facilities" means capital projects identified since
January 1, 1982, to July 23, 1989, in the metropolitan municipal corporation's
comprehensive water pollution abatement plan. "Residential customer
equivalent" shall have the same meaning used by the metropolitan municipal
corporation in determining rates and charges at the time the capacity charge is
imposed.
Sec. 1603. RCW 35.97.050 and 1983 c
216 s 5 are each amended to read as follows:
If the legislative
authority of a municipality deems it advisable that the municipality purchase,
acquire, or construct a heating system, or make any additions or extensions to
a heating system, the legislative authority shall so provide by an ordinance or
a resolution specifying and adopting the system or plan proposed, declaring the
estimated cost thereof, as near as may be, and specifying the method of
financing and source of funds. Any construction, alteration, or improvement of
a heating system by any county, city, town, irrigation district, water-sewer
district, ((sewer district,)) or port district shall be in compliance
with the appropriate competitive bidding requirements in Titles 35, 36, 53, ((56,))
57, or 87 RCW.
Sec. 1604. RCW 35A.14.901 and 1995
c 279 s 4 are each amended to read as follows:
Nothing in this chapter
precludes or otherwise applies to an annexation by a code city of
unincorporated territory as authorized by RCW ((56.24.180, 56.24.200, and
56.24.205, or)) 57.24.170, 57.24.190, and 57.24.210.
Sec. 1605. RCW 35A.56.010 and 1987
c 331 s 79 are each amended to read as follows:
Except as
otherwise provided in this title, state laws relating to special service or
taxing districts shall apply to, grant powers, and impose duties upon code
cities and their officers to the same extent as such laws apply to and affect
other classes of cities and towns and their employees, including, without
limitation, the following: (1) Chapter 70.94 RCW, relating to air pollution
control; (2) chapter 68.52 RCW, relating to cemetery districts; (3) chapter
29.68 RCW, relating to congressional districts; (4) chapters 14.07 and 14.08
RCW, relating to municipal airport districts; (5) chapter 36.88 RCW, relating
to county road improvement districts; (6) Title 85 RCW, relating to diking
districts, drainage districts, and drainage improvement districts; (7) chapter
36.54 RCW, relating to ferry districts; (8) Title 52 RCW, relating to fire
protection districts; (9) Title 86 RCW, relating to flood control districts and
flood control; (10) chapter 70.46 RCW, relating to health districts; (11)
chapters 87.03 through 87.84 and 89.12 RCW, relating to irrigation districts;
(12) chapter 35.61 RCW, relating to metropolitan park districts; (13) chapter
35.58 RCW, relating to metropolitan municipalities; (14) chapter 17.28 RCW,
relating to mosquito control districts; (15) chapter 17.12 RCW, relating to
agricultural pest districts; (16) ((chapter 13.12 RCW, relating to parental
or truant schools; (17))) Title 53 RCW, relating to port districts; (((18)))
(17) chapter 70.44 RCW, relating to public hospital districts; (((19)))
(18) Title 54 RCW, relating to public utility districts; (((20)))
(19) chapter 91.08 RCW, relating to public waterway districts; (((21)
Title 56 RCW for sewer districts; (22))) (20) chapter 89.12 RCW,
relating to reclamation districts; (((23))) (21) chapters 57.02
through 57.36 RCW, relating to water-sewer districts; and (((24)))
(22) chapter 17.04 RCW, relating to weed districts.
Sec. 1606. RCW 35A.70.010 and 1967
ex.s. c 119 s 35A.70.010 are each amended to read as follows:
Every code city shall
have authority to protect waters within the city or comprising part of the
city's water supply pursuant to the authority provided therefor by RCW
9.66.050, 54.16.050, ((56.08.010,)) 69.30.130, 57.08.010, 8.12.030,
70.54.010 and 70.54.030.
Sec. 1607. RCW 36.29.160 and 1963 c
4 s 36.29.160 are each amended to read as follows:
The county treasurer
shall make segregation, collect, and receive from any owner or owners of any
subdivision or portion of any lot, tract or parcel of land upon which
assessments or charges have been made or may be made hereafter in public
utility districts, ((sewer districts,)) water-sewer districts, or
county road improvement districts, under the terms of Title 54 RCW, ((Title
56 RCW,)) Title 57 RCW, or chapter 36.88 RCW, such portion of the
assessments or charges levied or to be levied against such lot, tract or parcel
of land in payment of such assessment or charges as the board of commissioners
of the public utility district, ((sewer district,)) the water-sewer
district commissioners or the board of county commissioners, respectively,
shall certify to be chargeable to such subdivision, which certificate shall
state that such property as segregated is sufficient security for the
assessment or charges. Upon making collection upon any such subdivision the
county treasurer shall note such payment upon his records and give receipt
therefor.
Sec. 1608. RCW 36.93.090 and 1995 c
131 s 1 are each amended to read as follows:
Whenever any of the
following described actions are proposed in a county in which a board has been
established, the initiators of the action shall file within one hundred eighty
days a notice of intention with the board: PROVIDED, That when the initiator
is the legislative body of a governmental unit, the notice of intention may be
filed immediately following the body's first acceptance or approval of the
action. The board may review any such proposed actions pertaining to:
(1) The: (a) Creation,
incorporation, or change in the boundary, other than a consolidation, of any
city, town, or special purpose district; (b) consolidation of special purpose
districts, but not including consolidation of cities and towns; or (c)
dissolution or disincorporation of any city, town, or special purpose district,
except that a board may not review the dissolution or disincorporation of a
special purpose district which was dissolved or disincorporated pursuant to the
provisions of chapter 36.96 RCW: PROVIDED, That the change in the boundary of
a city or town arising from the annexation of contiguous city or town owned
property held for a public purpose shall be exempted from the requirements of
this section; or
(2) The assumption by
any city or town of all or part of the assets, facilities, or indebtedness of a
special purpose district which lies partially within such city or town; or
(3) The establishment
of or change in the boundaries of a mutual water and sewer system or separate
sewer system by a water-sewer district pursuant to RCW 57.08.065 or
chapter 57.40 RCW((, as now or hereafter amended)); or
(4) ((The
establishment of or change in the boundaries of a mutual sewer and water system
or separate water system by a sewer district pursuant to RCW 56.20.015 or
chapter 56.36 RCW, as now or hereafter amended; or
(5))) The extension of permanent water or sewer
service outside of its existing service area by a city, town, or special
purpose district. The service area of a city, town, or special purpose
district shall include all of the area within its corporate boundaries plus,
(a) for extensions of water service, the area outside of the corporate
boundaries which it is designated to serve pursuant to a coordinated water
system plan approved in accordance with RCW 70.116.050; and (b) for extensions
of sewer service, the area outside of the corporate boundaries which it is
designated to serve pursuant to a comprehensive sewerage plan approved in
accordance with chapter 36.94 RCW and RCW 90.48.110.
Sec. 1609. RCW 36.94.420 and 1985 c
141 s 1 are each amended to read as follows:
If so provided in the
transfer agreement, the area served by the system shall, upon completion of the
transfer, be deemed annexed to and become a part of the water-sewer ((or
sewer)) district acquiring the system. The county shall provide notice of
the hearing by the county legislative authority on the ordinance executing the
transfer agreement under RCW 36.94.330 as follows: (1) By mailed notice to all
ratepayers served by the system at least fifteen days prior to the hearing; and
(2) by notice in a newspaper of general circulation once at least fifteen days
prior to the hearing.
In the event of an annexation
under this section resulting from the transfer of a system of sewerage or
combined water and sewer systems from a county to a water-sewer district
governed by Title 57 RCW, the water-sewer district shall have all the
powers of a water-sewer district provided by chapter 57.36 RCW ((57.40.150)),
as if a water-sewer district had been merged into a water-sewer
district. ((In the event of an annexation under this section as a result of
the transfer of a system of water or combined water and sewer systems from a
county to a sewer district governed by Title 56 RCW, the sewer district shall
have all the powers of a sewer district provided by RCW 56.36.060 as if a water
district had been merged into the sewer district.))
Sec. 1610. RCW 41.04.190 and 1992 c
146 s 13 are each amended to read as follows:
The cost of a policy or
plan to a public agency or body is not additional compensation to the employees
or elected officials covered thereby. The elected officials to whom this
section applies include but are not limited to commissioners elected under
chapters 28A.315, 52.14, 53.12, 54.12, ((56.12,)) 57.12, 70.44, and
87.03 RCW, as well as any county elected officials who are provided insurance
coverage under RCW 41.04.180. Any officer authorized to disburse such funds
may pay in whole or in part to an insurance carrier or health care service
contractor the amount of the premiums due under the contract.
Sec. 1611. RCW 43.99F.020 and 1990
1st ex.s. c 15 s 9 are each amended to read as follows:
For the purpose of
providing funds to public bodies for the planning, design, acquisition,
construction, and improvement of public waste disposal and management
facilities, or for purposes of assisting a public body to obtain an ownership
interest in waste disposal and management facilities and/or to defray a part of
the payments made by a public body to a service provider under a service
agreement entered into pursuant to RCW 70.150.060, in this state, the state
finance committee is authorized to issue general obligation bonds of the state
of Washington in the sum of three hundred thirty million dollars, or so much
thereof as may be required, to finance the improvements defined in this chapter
and all costs incidental thereto. The department may not use or permit the use
of any funds derived from the sale of bonds authorized by this chapter for:
(1) the support of a solid waste recycling activity or service in a locale if
the department determines that the activity or service is reasonably available
to persons within that locale from private enterprise; or (2) the construction
of municipal wastewater facilities unless said facilities have been approved by
a general purpose unit of local government in accordance with chapter 36.94
RCW, chapter 35.67 RCW, or RCW ((56.08.020)) 57.16.010. These
bonds shall be paid and discharged within thirty years of the date of
issuance. No bonds authorized by this chapter shall be offered for sale
without prior legislative appropriation of the proceeds of the bonds to be sold.
Sec. 1612. RCW 82.02.020 and 1990
1st ex.s. c 17 s 42 are each amended to read as follows:
Except only as
expressly provided in RCW 67.28.180 and 67.28.190 and the provisions of chapter
82.14 RCW, the state preempts the field of imposing taxes upon retail sales of
tangible personal property, the use of tangible personal property, parimutuel
wagering authorized pursuant to RCW 67.16.060, conveyances, and cigarettes, and
no county, town, or other municipal subdivision shall have the right to impose
taxes of that nature. Except as provided in RCW 82.02.050 through 82.02.090,
no county, city, town, or other municipal corporation shall impose any tax,
fee, or charge, either direct or indirect, on the construction or reconstruction
of residential buildings, commercial buildings, industrial buildings, or on any
other building or building space or appurtenance thereto, or on the
development, subdivision, classification, or reclassification of land.
However, this section does not preclude dedications of land or easements within
the proposed development or plat which the county, city, town, or other
municipal corporation can demonstrate are reasonably necessary as a direct
result of the proposed development or plat to which the dedication of land or
easement is to apply.
This section does not
prohibit voluntary agreements with counties, cities, towns, or other municipal
corporations that allow a payment in lieu of a dedication of land or to
mitigate a direct impact that has been identified as a consequence of a
proposed development, subdivision, or plat. A local government shall not use
such voluntary agreements for local off-site transportation improvements within
the geographic boundaries of the area or areas covered by an adopted
transportation program authorized by chapter 39.92 RCW. Any such voluntary
agreement is subject to the following provisions:
(1) The payment shall
be held in a reserve account and may only be expended to fund a capital
improvement agreed upon by the parties to mitigate the identified, direct
impact;
(2) The payment shall
be expended in all cases within five years of collection; and
(3) Any payment not so
expended shall be refunded with interest at the rate applied to judgments to
the property owners of record at the time of the refund; however, if the
payment is not expended within five years due to delay attributable to the
developer, the payment shall be refunded without interest.
No county, city, town,
or other municipal corporation shall require any payment as part of such a
voluntary agreement which the county, city, town, or other municipal
corporation cannot establish is reasonably necessary as a direct result of the
proposed development or plat.
Nothing in this section
prohibits cities, towns, counties, or other municipal corporations from
collecting reasonable fees from an applicant for a permit or other governmental
approval to cover the cost to the city, town, county, or other municipal
corporation of processing applications, inspecting and reviewing plans, or
preparing detailed statements required by chapter 43.21C RCW.
This section does not
limit the existing authority of any county, city, town, or other municipal
corporation to impose special assessments on property specifically benefitted
thereby in the manner prescribed by law.
Nothing in this section
prohibits counties, cities, or towns from imposing or permits counties, cities,
or towns to impose water, sewer, natural gas, drainage utility, and drainage
system charges: PROVIDED, That no such charge shall exceed the proportionate
share of such utility or system's capital costs which the county, city, or town
can demonstrate are attributable to the property being charged: PROVIDED
FURTHER, That these provisions shall not be interpreted to expand or contract
any existing authority of counties, cities, or towns to impose such charges.
Nothing in this section
prohibits a transportation benefit district from imposing fees or charges
authorized in RCW 36.73.120 nor prohibits the legislative authority of a
county, city, or town from approving the imposition of such fees within a
transportation benefit district.
Nothing in this section
prohibits counties, cities, or towns from imposing transportation impact fees
authorized pursuant to chapter 39.92 RCW.
Nothing in this section
prohibits counties, cities, or towns from requiring property owners to provide
relocation assistance to tenants under RCW 59.18.440 and 59.18.450.
This section does not
apply to special purpose districts formed and acting pursuant to Titles 54, ((56,))
57, or 87 RCW, nor is the authority conferred by these titles affected.
Sec. 1613. RCW 84.09.030 and 1994 c
292 s 4 are each amended to read as follows:
Except as follows, the
boundaries of counties, cities and all other taxing districts, for purposes of
property taxation and the levy of property taxes, shall be the established
official boundaries of such districts existing on the first day of March of the
year in which the property tax levy is made.
The official boundaries
of a newly incorporated taxing district shall be established at a different
date in the year in which the incorporation occurred as follows:
(1) Boundaries for a
newly incorporated city shall be established on the last day of March of the
year in which the initial property tax levy is made, and the boundaries of a
road district, library district, or fire protection district or districts, that
include any portion of the area that was incorporated within its boundaries
shall be altered as of this date to exclude this area, if the budget for the
newly incorporated city is filed pursuant to RCW 84.52.020 and the levy request
of the newly incorporated city is made pursuant to RCW 84.52.070. Whenever a
proposed city incorporation is on the March special election ballot, the county
auditor shall submit the legal description of the proposed city to the
department of revenue on or before the first day of March;
(2) Boundaries for a
newly incorporated port district shall be established on the first day of
October if the boundaries of the newly incorporated port district are
coterminous with the boundaries of another taxing district, as they existed on
the first day of March of that year;
(3) Boundaries of any
other newly incorporated taxing district shall be established on the first day
of June of the year in which the property tax levy is made if the taxing
district has boundaries coterminous with the boundaries of another taxing
district, as they existed on the first day of March of that year;
(4) Boundaries for a
newly incorporated water-sewer district shall be established on the
fifteenth of June of the year in which the proposition under RCW 57.04.050
authorizing a water district excess levy is approved.
The boundaries of a
taxing district shall be established on the first day of June if territory has
been added to, or removed from, the taxing district after the first day of
March of that year with boundaries coterminous with the boundaries of another
taxing district as they existed on the first day of March of that year.
However, the boundaries of a road district, library district, or fire
protection district or districts, that include any portion of the area that was
annexed to a city or town within its boundaries shall be altered as of this
date to exclude this area. In any case where any instrument setting forth the
official boundaries of any newly established taxing district, or setting forth
any change in such boundaries, is required by law to be filed in the office of
the county auditor or other county official, said instrument shall be filed in
triplicate. The officer with whom such instrument is filed shall transmit two
copies to the county assessor.
No property tax levy
shall be made for any taxing district whose boundaries are not established as
of the dates provided in this section.
Sec. 1614. RCW 84.38.020 and 1995 c
329 s 1 are each amended to read as follows:
Unless a different
meaning is plainly required by the context, the following words and phrases as
hereinafter used in this chapter shall have the following meanings:
(1)
"Claimant" means a person who either elects or is required under RCW
84.64.050 to defer payment of the special assessments and/or real property
taxes accrued on the claimant's residence by filing a declaration to defer as
provided by this chapter.
When two or more
individuals of a household file or seek to file a declaration to defer, they
may determine between them as to who the claimant shall be.
(2)
"Department" means the state department of revenue.
(3) "Equity
value" means the amount by which the fair market value of a residence as
determined from the records of the county assessor exceeds the total amount of
any liens or other obligations against the property.
(4) "Real property
taxes" means ad valorem property taxes levied on a residence in this state
in the preceding calendar year.
(5)
"Residence" has the meaning given in RCW 84.36.383, except that a
residence includes any additional property up to a total of five acres that
comprises the residential parcel if this larger parcel size is required under
land use regulations.
(6)
"Special assessment" means the charge or obligation imposed by a
city, town, county, or other municipal corporation upon property specially
benefited by a local improvement, including assessments under chapters 35.44,
36.88, 36.94, 53.08, 54.16, ((56.20,)) 57.16, 86.09, and 87.03 RCW and
any other relevant chapter.
Sec. 1615. RCW 84.52.052 and 1993 c
284 s 4 are each amended to read as follows:
The limitations imposed
by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the
levy of additional taxes by any taxing district except school districts in
which a larger levy is necessary in order to prevent the impairment of the
obligation of contracts. As used in this section, the term "taxing
district" means any county, metropolitan park district, park and recreation
service area, park and recreation district, ((sewer district,)) water-sewer
district, solid waste disposal district, public facilities district, flood
control zone district, county rail district, service district, public hospital
district, road district, rural county library district, island library
district, rural partial-county library district, intercounty rural library
district, fire protection district, cemetery district, city, town,
transportation benefit district, emergency medical service district with a
population density of less than one thousand per square mile, or cultural arts,
stadium, and convention district.
Any such taxing
district may levy taxes at a rate in excess of the rate specified in RCW
84.52.050 through 84.52.056 and 84.52.043, or 84.55.010 through 84.55.050, when
authorized so to do by the voters of such taxing district in the manner set
forth in Article VII, section 2(a) of the Constitution of this state((, as
amended by Amendment 64 and as thereafter amended,)) at a special or general
election to be held in the year in which the levy is made.
A special election may
be called and the time therefor fixed by the county legislative authority, or
council, board of commissioners, or other governing body of any such taxing
district, by giving notice thereof by publication in the manner provided by law
for giving notices of general elections, at which special election the
proposition authorizing such excess levy shall be submitted in such form as to
enable the voters favoring the proposition to vote "yes" and those
opposed thereto to vote "no."
Sec. 1616. RCW 90.03.510 and 1986 c
278 s 63 are each amended to read as follows:
Whenever a county,
city, town, water-sewer district, or flood control zone district imposes
rates or charges to fund storm water control facilities or improvements and the
operation and maintenance of such facilities or improvements under RCW
35.67.020, 35.92.020, 36.89.080, 36.94.140, ((56.08.010, or 56.16.090)) section
301 of this act, or section 314 of this act, it may provide a credit for
the value of storm water control facilities or improvements that a person or
entity has installed or located that mitigate or lessen the impact of storm water
which otherwise would occur.
Sec. 1617. RCW 90.03.525 and 1986 c
278 s 54 are each amended to read as follows:
The rate charged by a
local government utility to the department of transportation with respect to
state highway right of way or any section of state highway right of way for the
construction, operation, and maintenance of storm water control facilities
under chapters 35.67, 35.92, 36.89, 36.94, ((56.08)) 57.08, and
86.15 RCW, shall be thirty percent of the rate for comparable real property,
except as otherwise provided in this section. The rate charged to the
department with respect to state highway right of way or any section of state
highway right of way within a local government utility's jurisdiction shall
not, however, exceed the rate charged for comparable city street or county road
right of way within the same jurisdiction. The legislature finds that the
aforesaid rates are presumptively fair and equitable because of the traditional
and continuing expenditures of the department of transportation for the
construction, operation, and maintenance of storm water control facilities
designed to control surface water or storm water runoff from state highway
rights of way. The utility imposing the charge and the department of
transportation may, however, agree to either higher or lower rates with respect
to the construction, operation, or maintenance of any specific storm water
control facilities based upon the extent and adequacy of storm water control
facilities constructed by the department and upon the actual benefits to state
highway rights of way from the storm water control facilities constructed by
the local government utility. If a different rate is agreed to, a report so
stating shall be submitted to the legislative transportation committee. If the
local government utility and the department of transportation cannot agree upon
the proper rate, and after a report has been submitted to the legislative
transportation committee and after ninety days from submission of such report,
either may commence an action in the superior court for the county in which the
state highway right of way is located to establish the proper rate. The court
in establishing the proper rate shall take into account the extent and adequacy
of storm water control facilities constructed by the department and the actual
benefits to the sections of state highway rights of way from storm water
control facilities constructed, operated, and maintained by the local
government utility. Control of surface water runoff and storm water runoff
from state highway rights of way shall be deemed an actual benefit to the state
highway rights of way. The rate for sections of state highway right of way as
determined by the court shall be set forth in terms of the percentage of the
rate for comparable real property, but shall in no event exceed the rate
charged for comparable city street or county road right of way within the same
jurisdiction.
PART XVII - MISCELLANEOUS
NEW SECTION. Sec.
1700. Part headings as used in
this act do not constitute any part of the law.
NEW SECTION. Sec.
1701. (1) RCW 56.02.070,
56.02.100, and 56.02.110, as amended by this act, are each recodified as
sections in chapter 57.02 RCW.
(2) RCW 56.04.080,
56.04.120, and 56.04.130, as amended by this act, are each recodified as
sections in chapter 57.04 RCW.
(3) RCW 56.02.030,
56.02.080, and 56.36.070 are each recodified as sections in chapter 57.06 RCW.
(4) RCW 56.08.060 and
56.08.012, as amended by this act, and 56.08.170 are each recodified as
sections in chapter 57.08 RCW.
(5) RCW 56.08.030, as
amended by this act, is recodified as a section in chapter 57.16 RCW.
(6) RCW 56.20.030, as
amended by this act, is recodified as a section in chapter 57.16 RCW.
(7) RCW 57.16.020,
57.16.030, 57.16.035, and 57.16.040 are each recodified as sections in chapter
57.20 RCW.
(8) RCW 57.40.135, as
amended by this act, is recodified as a section in chapter 57.36 RCW.
NEW SECTION. Sec.
1702. The following acts or
parts of acts are each repealed:
(1) RCW 56.02.010 and 1953 c 250 s 26;
(2) RCW 56.02.040 and 1959 c 103 s
18;
(3) RCW 56.02.050 and 1971 ex.s. c 272 s 12;
(4) RCW 56.02.055 and 1982 1st ex.s. c 17 s
1;
(5) RCW 56.02.060 and 1988 c 162 s 5 &
1971 ex.s. c 139 s 1;
(6) RCW 56.02.120 and 1982 1st ex.s. c 17 s
2;
(7) RCW 56.04.001 and 1989 c 84 s 50;
(8) RCW 56.04.020 and 1974 ex.s. c 58 s 1,
1971 ex.s. c 272 s 1, 1945 c 140 s 1, 1943 c 74 s 1, & 1941 c 210 s 1;
(9) RCW 56.04.030 and 1990 c 259 s 21, 1987
c 33 s 1, 1945 c 140 s 2, & 1941 c 210 s 2;
(10) RCW 56.04.040 and 1945 c 140 s 3 &
1941 c 210 s 3;
(11) RCW 56.04.050 and 1990 c 259 s 22, 1987
c 33 s 2, 1973 1st ex.s. c 195 s 61, 1953 c 250 s 1, 1945 c 140 s 4, & 1941
c 210 s 4;
(12) RCW 56.04.060 and 1945 c 140 s 5 &
1941 c 210 s 6;
(13) RCW 56.04.065 and 1983 c 88 s 1;
(14) RCW 56.04.070 and 1985 c 141 s 2, 1981 c
45 s 3, & 1941 c 210 s 5;
(15) RCW 56.04.090 and 1994 c 81 s 79, 1945 c
140 s 16, & 1941 c 210 s 47;
(16) RCW 56.08.010 and 1989 c 389 s 2, 1989 c
308 s 1, & 1987 c 449 s 1;
(17) RCW 56.08.013 and 1985 c 98 s 1 &
1977 ex.s. c 146 s 1;
(18) RCW 56.08.014 and 1983 c 198 s 1;
(19) RCW 56.08.015 and 1984 c 147 s 6 &
1969 c 119 s 1;
(20) RCW 56.08.020 and 1990 1st ex.s. c 17 s
34, 1982 c 213 s 1, 1979 c 23 s 1, 1977 ex.s. c 300 s 1, 1971 ex.s. c 272 s 2,
1959 c 103 s 2, 1953 c 250 s 4, 1947 c 212 s 2, 1945 c 140 s 10, 1943 c 74 s 2,
& 1941 c 210 s 11;
(21) RCW 56.08.040 and 1953 c 250 s 6, 1951 c
129 s 1, 1943 c 74 s 3, & 1941 c 210 s 13;
(22) RCW 56.08.050 and 1977 ex.s. c 300 s 2,
1953 c 250 s 7, & 1941 c 210 s 15;
(23) RCW 56.08.065 and 1989 c 84 s 51;
(24) RCW 56.08.070 and 1994 c 31 s 1;
(25) RCW 56.08.075 and 1987 c 449 s 2 &
1982 c 105 s 2;
(26) RCW 56.08.080 and 1993 c 198 s 17, 1989
c 308 s 5, 1984 c 172 s 1, & 1953 c 51 s 1;
(27) RCW 56.08.090 and 1993 c 198 s 18, 1989
c 308 s 6, 1988 c 162 s 1, 1984 c 103 s 2, & 1953 c 51 s 2;
(28) RCW 56.08.092 and 1986 c 244 s 15;
(29) RCW 56.08.100 and 1991 sp.s. c 30 s 24,
1991 c 82 s 1, 1981 c 190 s 5, 1973 c 24 s 1, & 1961 c 261 s 1;
(30) RCW 56.08.105 and 1973 c 125 s 6;
(31) RCW 56.08.110 and 1995 c 301 s 75, 1973
1st ex.s. c 195 s 62, 1970 ex.s. c 47 s 4, & 1961 c 267 s 1;
(32) RCW 56.08.120 and 1967 c 178 s 1;
(33) RCW 56.08.130 and 1967 c 178 s 2;
(34) RCW 56.08.140 and 1991 c 82 s 2 &
1967 c 178 s 3;
(35) RCW 56.08.150 and 1967 c 178 s 4;
(36) RCW 56.08.160 and 1967 c 178 s 5;
(37) RCW 56.08.180 and 1982 c 213 s 3;
(38) RCW 56.08.190 and 1987 c 309 s 3;
(39) RCW 56.08.200 and 1995 c 376 s 14 &
1991 c 190 s 1;
(40) RCW 56.12.010 and 1985 c 330 s 5, 1980 c
92 s 1, 1969 ex.s. c 148 s 7, 1959 c 103 s 4, 1955 c 373 s 1, 1945 c 140 s 8,
& 1941 c 210 s 9;
(41) RCW 56.12.015 and 1994 c 223 s 62, 1991
c 190 s 2, 1990 c 259 s 23, & 1987 c 449 s 3;
(42) RCW 56.12.020 and 1994 c 223 s 63, 1979
ex.s. c 126 s 38, 1963 c 200 s 17, 1955 c 55 s 12, & 1953 c 110 s 1;
(43) RCW 56.12.030 and 1994 c 223 s 64, 1990
c 259 s 24, 1986 c 41 s 1, 1985 c 141 s 3, 1981 c 169 s 2, 1953 c 250 s 9, 1947
c 212 s 1, 1945 c 140 s 7, & 1941 c 210 s 8;
(44) RCW 56.12.040 and 1987 c 449 s 4;
(45) RCW 56.12.050 and 1994 c 223 s 65;
(46) RCW 56.16.010 and 1984 c 186 s 46, 1973
1st ex.s. c 195 s 63, 1953 c 250 s 10, 1951 2nd ex.s. c 26 s 1, & 1941 c
210 s 14;
(47) RCW 56.16.020 and 1987 c 449 s 5, 1977
ex.s. c 300 s 3, 1959 c 103 s 5, 1953 c 250 s 11, 1951 c 129 s 2, & 1941 c
210 s 16;
(48) RCW 56.16.030 and 1989 c 389 s 3, 1984 c
186 s 47, 1977 ex.s. c 300 s 4, 1973 1st ex.s. c 195 s 64, 1959 c 103 s 6, 1953
c 250 s 12, 1951 2nd ex.s. c 26 s 2, 1951 c 129 s 3, 1945 c 140 s 11, &
1941 c 210 s 17;
(49) RCW 56.16.035 and 1977 ex.s. c 300 s 5
& 1959 c 103 s 7;
(50) RCW 56.16.040 and 1984 c 186 s 48, 1983
c 167 s 155, 1973 1st ex.s. c 195 s 65, 1970 ex.s. c 56 s 80, 1969 ex.s. c 232
s 85, 1953 c 250 s 13, 1951 2nd ex.s. c 26 s 3, 1945 c 140 s 12, & 1941 c
210 s 18;
(51) RCW 56.16.050 and 1984 c 186 s 49, 1970
ex.s. c 42 s 34, 1945 c 140 s 15, & 1941 c 210 s 42;
(52) RCW 56.16.060 and 1983 c 167 s 156, 1975
1st ex.s. c 25 s 1, 1971 ex.s. c 272 s 4, 1970 ex.s. c 56 s 81, 1969 ex.s. c
232 s 86, 1959 c 103 s 8, & 1941 c 210 s 19;
(53) RCW 56.16.065 and 1975 1st ex.s. c 25 s
4;
(54) RCW 56.16.070 and 1959 c 103 s 9 &
1941 c 210 s 20;
(55) RCW 56.16.080 and 1983 c 167 s 157, 1975
1st ex.s. c 25 s 2, 1970 ex.s. c 56 s 82, & 1941 c 210 s 21;
(56) RCW 56.16.085 and 1959 c 103 s 10;
(57) RCW 56.16.090 and 1991 c 347 s 19, 1974
ex.s. c 58 s 3, 1959 c 103 s 11, & 1941 c 210 s 22;
(58) RCW 56.16.100 and 1977 ex.s. c 300 s 6,
1971 ex.s. c 272 s 5, 1953 c 250 s 14, & 1941 c 210 s 23;
(59) RCW 56.16.110 and 1977 ex.s. c 300 s 7,
1971 ex.s. c 272 s 6, 1953 c 250 s 15, & 1941 c 210 s 24;
(60) RCW 56.16.115 and 1984 c 186 s 50, 1977
ex.s. c 300 s 8, 1973 1st ex.s. c 195 s 66, 1959 c 103 s 12, & 1953 c 250 s
16;
(61) RCW 56.16.130 and 1983 c 167 s 158 &
1941 c 210 s 45;
(62) RCW 56.16.135 and 1988 c 162 s 10 &
1983 c 57 s 2;
(63) RCW 56.16.140 and 1983 c 57 s 1, 1971
ex.s. c 272 s 7, 1959 c 103 s 13, & 1941 c 210 s 46;
(64) RCW 56.16.150 and 1959 c 103 s 14;
(65) RCW 56.16.160 and 1986 c 294 s 12, 1983
c 66 s 21, 1981 c 24 s 3, 1973 1st ex.s. c 140 s 2, & 1959 c 103 s 15;
(66) RCW 56.16.165 and 1981 c 24 s 1;
(67) RCW 56.16.170 and 1959 c 103 s 16;
(68) RCW 56.20.010 and 1987 c 169 s 1, 1971 ex.s.
c 272 s 8, & 1941 c 210 s 26;
(69) RCW 56.20.015 and 1983 c 167 s 159, 1981
c 45 s 5, 1980 c 12 s 1, 1977 ex.s. c 300 s 9, & 1974 ex.s. c 58 s 4;
(70) RCW 56.20.020 and 1986 c 256 s 1, 1977
ex.s. c 300 s 10, 1974 ex.s. c 58 s 5, 1965 ex.s. c 40 s 1, 1953 c 250 s 17,
& 1941 c 210 s 27;
(71) RCW 56.20.032 and 1989 c 243 s 10;
(72) RCW 56.20.033 and 1987 c 315 s 5;
(73) RCW 56.20.040 and 1953 c 250 s 19 &
1941 c 210 s 29;
(74) RCW 56.20.050 and 1941 c 210 s 30;
(75) RCW 56.20.060 and 1941 c 210 s 31;
(76) RCW 56.20.070 and 1971 ex.s. c 272 s 10,
1969 c 126 s 1, & 1941 c 210 s 33;
(77) RCW 56.20.080 and 1991 c 190 s 4, 1971
ex.s. c 272 s 11, 1971 c 81 s 125, 1965 ex.s. c 40 s 2, & 1941 c 210 s 32;
(78) RCW 56.20.090 and 1953 c 250 s 20;
(79) RCW 56.20.120 and 1987 c 449 s 7;
(80) RCW 56.22.010 and 1989 c 389 s 4;
(81) RCW 56.22.020 and 1989 c 389 s 5;
(82) RCW 56.22.030 and 1989 c 389 s 6;
(83) RCW 56.22.040 and 1989 c 389 s 7;
(84) RCW 56.22.050 and 1989 c 389 s 8;
(85) RCW 56.24.001 and 1989 c 84 s 52;
(86) RCW 56.24.070 and 1990 c 259 s 25, 1989
c 308 s 3, 1988 c 162 s 13, 1985 c 469 s 56, 1982 1st ex.s. c 17 s 3, &
1967 ex.s. c 11 s 1;
(87) RCW 56.24.080 and 1985 c 469 s 57 &
1967 ex.s. c 11 s 2;
(88) RCW 56.24.090 and 1967 ex.s. c 11 s 3;
(89) RCW 56.24.100 and 1967 ex.s. c 11 s 4;
(90) RCW 56.24.110 and 1967 ex.s. c 11 s 5;
(91) RCW 56.24.120 and 1985 c 141 s 4 &
1967 ex.s. c 11 s 6;
(92) RCW 56.24.130 and 1967 ex.s. c 11 s 7;
(93) RCW 56.24.140 and 1967 ex.s. c 11 s 8;
(94) RCW 56.24.150 and 1967 ex.s. c 11 s 9;
(95) RCW 56.24.180 and 1982 c 146 s 1;
(96) RCW 56.24.190 and 1982 c 146 s 2;
(97) RCW 56.24.200 and 1990 c 259 s 26 &
1982 c 146 s 3;
(98) RCW 56.24.205 and 1995 c 279 s 1 &
1987 c 449 s 8;
(99) RCW 56.24.210 and 1986 c 258 s 1;
(100) RCW 56.24.900 and 1967 ex.s. c 11 s 11;
(101) RCW 56.28.001 and 1989 c 84 s 53;
(102) RCW 56.28.010 and 1953 c 250 s 27;
(103) RCW 56.28.020 and 1985 c 153 s 2;
(104) RCW 56.32.001 and 1989 c 84 s 54;
(105) RCW 56.32.010 and 1989 c 308 s 9, 1975
1st ex.s. c 86 s 1, & 1967 c 197 s 2;
(106) RCW 56.32.020 and 1975 1st ex.s. c 86 s
2 & 1967 c 197 s 3;
(107) RCW 56.32.030 and 1975 1st ex.s. c 86 s
3 & 1967 c 197 s 4;
(108) RCW 56.32.040 and 1975 1st ex.s. c 86 s
4 & 1967 c 197 s 5;
(109) RCW 56.32.050 and 1975 1st ex.s. c 86 s
5 & 1967 c 197 s 6;
(110) RCW 56.32.060 and 1967 c 197 s 7;
(111) RCW 56.32.070 and 1985 c 141 s 5 &
1967 c 197 s 8;
(112) RCW 56.32.080 and 1989 c 308 s 10, 1975
1st ex.s. c 86 s 6, & 1967 c 197 s 9;
(113) RCW 56.32.090 and 1967 c 197 s 10;
(114) RCW 56.32.100 and 1975 1st ex.s. c 86 s
7 & 1967 c 197 s 11;
(115) RCW 56.32.110 and 1994 c 289 s 1, 1975
1st ex.s. c 86 s 8, & 1967 c 197 s 12;
(116) RCW 56.32.115 and 1975 1st ex.s. c 86 s
9;
(117) RCW 56.32.120 and 1967 c 197 s 13;
(118) RCW 56.32.160 and 1987 c 449 s 9;
(119) RCW 56.36.001 and 1989 c 84 s 55;
(120) RCW 56.36.010 and 1982 1st ex.s. c 17 s
4 & 1969 ex.s. c 148 s 1;
(121) RCW 56.36.020 and 1969 ex.s. c 148 s 2;
(122) RCW 56.36.030 and 1971 ex.s. c 146 s 7
& 1969 ex.s. c 148 s 3;
(123) RCW 56.36.040 and 1982 c 104 s 1, 1981 c
45 s 6, & 1969 ex.s. c 148 s 4;
(124) RCW 56.36.045 and 1988 c 162 s 3;
(125) RCW 56.36.050 and 1969 ex.s. c 148 s 5;
(126) RCW 56.36.060 and 1981 c 45 s 7 &
1969 ex.s. c 148 s 6;
(127) RCW 56.40.010 and 1995 c 399 s 147 &
1993 c 45 s 1;
(128) RCW 56.40.020 and 1995 c 399 s 148 &
1993 c 45 s 2; and
(129) RCW 56.40.030 and 1993 c 45 s 3.
NEW SECTION. Sec.
1703. The following acts or
parts of acts are each repealed:
(1) RCW 57.08.010 and 1994 c 81 s 81 &
1991 c 82 s 4;
(2) RCW 57.08.045 and 1981 c 45 s 10, 1959 c
108 s 4, & 1953 c 251 s 3;
(3) RCW 57.08.080 and 1982 1st ex.s. c 17 s
12 & 1959 c 108 s 2;
(4) RCW 57.08.090 and 1982 1st ex.s. c 17 s
13, 1977 ex.s. c 299 s 1, & 1959 c 108 s 3;
(5) RCW 57.08.130 and 1967 ex.s. c 135 s 2;
(6) RCW 57.12.045 and 1987 c 449 s 13;
(7) RCW 57.20.100 and 1984 c 230 s 84, 1983
c 3 s 163, 1973 1st ex.s. c 195 s 73, 1951 2nd ex.s. c 25 s 4, 1951 c 62 s 1,
& 1929 c 114 s 18;
(8) RCW 57.40.100 and 1982 1st ex.s. c 17 s
34 & 1971 ex.s. c 146 s 1;
(9) RCW 57.40.110 and 1971 ex.s. c 146 s 2;
(10) RCW 57.40.120 and 1971 ex.s. c 146 s 3;
(11) RCW 57.40.130 and 1982 c 104 s 3, 1981 c
45 s 12, & 1971 ex.s. c 146 s 4;
(12) RCW 57.40.140 and 1971 ex.s. c 146 s 5;
and
(13) RCW 57.40.150 and 1981 c 45 s 13 &
1971 ex.s. c 146 s 6.
NEW SECTION. Sec.
1704. This act shall take
effect July 1, 1997.
