6119-S - CC AMH GVAD H5327.2

 

 

 

SSB 6119 - CC - H COMM AMD ADOPTED 3-04-98

By Committee on Government Administration

 

                                                                   

 

    Strike everything after the enacting clause and insert the following:

 

    "Sec. 1.  RCW 35.13A.010 and 1971 ex.s. c 95 s 1 are each amended to read as follows:

    Whenever used in this chapter, the following words shall have the following meanings:

    (1) The words "district," "water district," and "sewer district" shall mean a ((water district or sewer district as indicated by the context of the section in which used)) "water-sewer district" as that term is used in Title 57 RCW.

    (2) The word "city" shall mean a city or town of any class and shall also include any code city as defined in chapter 35A.01 RCW.

    (3) ((The words "included with" shall mean the inclusion of all or part of the territory of a district, as indicated by the context, within the corporate limits of a city either by incorporation of a city, annexation to a city, consolidation of cities or any combination thereof.

    (4))) The word "indebtedness" shall include general obligation, revenue, and special indebtedness and temporary, emergency, and interim loans.

 

    Sec. 2.  RCW 35.13A.020 and 1971 ex.s. c 95 s 2 are each amended to read as follows:

    (1) Whenever all of the territory of a water ((district or))sewer district is included within the corporate boundaries of a city, ((and)) the city legislative body ((has elected by)) may adopt a resolution or ordinance to assume jurisdiction ((thereof)) over all of the district.

    (2) Upon the assumption, all real and personal property, franchises, rights, assets, taxes levied but not collected for the district for other than indebtedness, water ((and)), sewer ((lines)), and drainage facilities, and all other facilities and equipment of the district shall become the property of ((such)) the city subject to all financial, statutory, or contractual obligations of the district for the security or performance of which ((such)) the property may have been pledged.  ((Such)) The city, in addition to its other powers, shall have the power to manage, control, maintain, and operate ((such)) the property, facilities and equipment and to fix and collect service and other charges from owners and occupants of properties so served by the city, subject, however, to any outstanding indebtedness, bonded or otherwise, of the district payable from taxes, assessments, or revenues of any kind or nature and to any other contractual obligations of the district.

    ((Such)) (3) The city may by resolution or ordinance of its legislative body, assume the obligation of paying such district indebtedness and of levying and of collecting or causing to be collected ((such)) the district taxes, assessments, and utility rates and charges of any kind or nature to pay and secure the payment of ((such)) the indebtedness, according to all of the terms, conditions and covenants incident to ((such)) the indebtedness, and shall assume and perform all other outstanding contractual obligation of the district in accordance with all of ((its)) their terms, conditions, and covenants.  ((No such)) An assumption shall not be deemed to impair the obligation of any indebtedness or other contractual obligation ((entered into after August 9, 1971)).  During the period until the outstanding indebtedness of the district has been discharged, the territory of the district and the owners and occupants of property therein, shall continue to be liable for its and their proportionate share of ((such)) the indebtedness, including any outstanding assessments levied within any local improvement district or utility local improvement district thereof.  The city shall assume the obligation of causing the payment of ((such)) the district's indebtedness, collecting ((such)) the district's taxes, assessments, and charges, and observing and performing the other district contractual obligations.  The legislative body of the city shall act as the officers of the district for the purpose of certifying the amount of any property tax to be levied and collected therein, and causing service and other charges and assessments to be collected from ((such)) the property or owners or occupants thereof, enforcing ((such)) the collection and performing all other acts necessary to ((insure)) ensure 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.

    When a city assumes the obligation of paying the outstanding indebtedness, and if property taxes or assessments have been levied and service and other charges have accrued for ((such)) this purpose but have not been collected by the district prior to ((such election)) the assumption, the same when collected shall belong and be paid to the city and be used by ((such)) the city so far as necessary for payment of the indebtedness of the district existing and unpaid on the date ((such)) the city ((elects to)) assumes the indebtedness.  Any funds received by the city which have been collected for the purpose of paying any bonded or other indebtedness of the district, shall be used for the purpose for which they were collected and for no other purpose.  Any outstanding indebtedness shall be paid as provided in the ((bond)) terms, conditions, and covenants of the indebtedness.  All funds of the district on deposit with the county treasurer at the time of title transfer shall be used by the city solely for the benefit of the assumed utility and shall not be transferred to or used for the benefit of the city's general fund.

 

    NEW SECTION.  Sec. 3.  During the period commencing with the effective date of this act and running through July 1, 1999, a city may not assume jurisdiction of all or a portion of a water-sewer district under RCW 35.13A.030 or 35.13A.040, unless voters of the entire water-sewer district approve a ballot proposition authorizing the assumption, and during the same period a water-sewer district may not:

    (1) Merge or consolidate with another water-sewer district; or

    (2) Take any action that would establish different contractual obligations, requirements for retiring indebtedness, authority to issue debt in parity with the district's existing outstanding indebtedness, rates of compensation, or terms of employment contracts, if a city assumes jurisdiction of all or a portion of the district.

 

    NEW SECTION.  Sec. 4.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

 

 

 

SSB 6119 - CC - H COMM AMD

By Committee on Government Administration

 

                                                                   

 

    On page 1, line 2 of the title, after "district;" strike the remainder of the title and insert "amending RCW 35.13A.010 and 35.13A.020; creating a new section; and declaring an emergency."

 


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