H-0415.1 _______________________________________________
HOUSE BILL 1402
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State of Washington 55th Legislature 1997 Regular Session
By Representatives Ogden, Carlson, Fisher, Blalock, O'Brien and Doumit
Read first time 01/24/97. Referred to Committee on Transportation Policy & Budget.
AN ACT Relating to the financing of street, road, and highway projects; and amending RCW 35.72.010, 35.72.020, and 35.72.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 35.72.010 and 1983 c 126 s 1 are each amended to read as follows:
The legislative authority of any city, town, or county, and the department of transportation, may contract with owners of real estate for the construction or improvement of street, road, or highway projects which the owners elect to install as a result of ordinances that require the projects as a prerequisite to further property development.
Sec. 2. RCW 35.72.020 and 1983 c 126 s 2 are each amended to read as follows:
The contract may provide for the partial 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 project by other property owners who:
(1) Are determined to be within the assessment reimbursement area pursuant to RCW 35.72.040;
(2) Are determined to have a reimbursement share based upon a benefit to the property owner pursuant to RCW 35.72.030;
(3) Did not contribute to the original cost of the street project; and
(4) Subsequently develop their property within the fifteen-year period and at the time of development were not required to install similar street projects because they were already provided for by the contract.
Street,
road, or highway projects subject to reimbursement may include design,
grading, paving, installation of curbs, gutters, storm drainage, sidewalks,
street, road, or highway lighting, traffic controls, and other similar
improvements, as required by the street, road, or highway standards of
the city, town, ((or)) county, or department of transportation.
Sec. 3. RCW 35.72.050 and 1987 c 261 s 1 are each amended to read as follows:
(1) As an alternative to financing projects under this chapter solely by owners of real estate, a county, city, or town 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 county, city, or town has specified the conditions of its participation in an ordinance. As another alternative, a county, city, or town may create an assessment reimbursement area on its own initiative, without the participation of a private property owner, finance the costs of the road or street improvements, and become the sole beneficiary of the reimbursements that are contributed. A county, city, or town may be reimbursed only for the costs of improvements that benefit that portion of the public who will use the developments within the assessment reimbursement area established pursuant to RCW 35.72.040(1). No county, city, or town costs for improvements that benefit the general public may be reimbursed.
(2) The department of transportation may, for state highways, participate with the owners of real estate or may be the sole participant in the financing of improvement projects, in the same manner and subject to the same restrictions as provided for counties, cities, and towns, in subsection (1) of this section. The department shall enter into agreements whereby the appropriate county, city, or town shall act as an agent of the department in administering this chapter.
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