5781-S AMH GVAD H3104

5781-S AMH GVAD H3104.1

SSB 5781 - H COMM AMD ADOPTED 4-10-97

By Committee on Government Administration

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 35.13A.030 and 1971 ex.s. c 95 s 3 are each amended to read as follows:

Whenever a portion of a ((~~water district or sewer~~)) water-sewer district equal to at least sixty percent of the area or sixty percent of the assessed valuation of the real property lying within such district, is included within the corporate boundaries of a city, the city may either:

(1) Assume by ordinance the full and complete management and control of that portion of the entire district that is contiguous to the city and not included within another city, ((~~whereupon~~)) if the district voters of such an area approve a ballot proposition authorizing the assumption requested by the city, submitted to these voters by the board of commissioners of the district. The provisions of RCW 35.13A.020 shall be operative if the city proceeds under this subsection and any rates that are charged for service outside of the city shall be reasonable to all parties; or

(2) The city may proceed directly under the provisions of RCW 35.13A.050.

The city or district may petition to dissolve the district under the provisions of RCW 35.13A.080.

Sec. 2. RCW 35.13A.050 and 1971 ex.s. c 95 s 5 are each amended to read as follows:

When electing under RCW 35.13A.030 or 35.13A.040 to proceed under this section, the city may assume, by ordinance, jurisdiction of the district's responsibilities, property, facilities and equipment within the corporate limits of the city((~~: PROVIDED, That~~)).

If on the effective date of such an ordinance the territory of the district included within the city contains any facilities serving or designed to serve any portion of the district outside the corporate limits of the city or if the territory lying within the district and outside the city contains any facilities serving or designed to serve territory included within the city (which facilities are hereafter in this section called the "serving facilities"), the city or district shall for the economically useful life of any such serving facilities make available sufficient capacity therein to serve the sewage, drainage, or water requirements of such territory, to the extent that such facilities were designed to serve such territory at a rate charged to the municipality being served which is reasonable to all parties.

In the event a city proceeds under this section, the ((~~district may elect upon a favorable vote of a majority of all voters within the district voting upon such propositions to require the~~)) city shall be required to assume responsibility for ((~~the operation and maintenance of~~)) operating and maintaining the district's property, facilities and equipment throughout that portion of the entire district that is contiguous to the city but not included in any other city and ((to)) the district shall pay the city a charge for such operation and maintenance which is reasonable under all of the circumstances, if the voters of the district who reside in such an area approve a ballot proposition providing for this transfer of responsibility, submitted to the voters by the board of commissioners of the district.

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

The city or district may petition to dissolve the district under the provisions of RCW 35.13A.080.

Sec. 3. RCW 57.08.065 and 1996 c 230 s 313 are each amended to read as follows:

(1) A district shall have power to establish, maintain, and operate a mutual water, sewer, drainage, and street lighting system, a mutual system of any two or three of the systems, or separate systems.

(2) Where any two or more districts include the same territory as of July 1, 1997, none of the overlapping districts may provide any service that was made available by any of the other districts prior to July 1, 1997, 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 July 1, 1997, that did not operate a sewer or drainage system prior to July 1, 1997, may not proceed to exercise the powers to establish, maintain, construct, and operate any sewer or drainage system without first obtaining written approval by resolution of the city or town in whose jurisdiction it proposes to exercise such powers and certification of necessity from the department of ecology and department of health. Any comprehensive plan for a sewer or drainage system ((~~of sewers~~)) or addition thereto or betterment thereof proposed by a district that was a water district prior to July 1, 1997, shall be approved by the same county, city, town, and state officials as were required to approve such plans adopted by a sewer district immediately prior to July 1, 1997, and as subsequently may be required."

Correct the title.