S‑0538.1   _____________________________________________

SENATE BILL 6096

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Rasmussen and Winsley

Read first time 02/21/2001.  Referred to Committee on State & Local Government.

_1      AN ACT Relating to the operation and regulation of utilities by

_2  a city or town; and amending RCW 35A.47.040 and 36.94.180.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 35A.47.040 and 1967 ex.s. c 119 s 35A.47.040 are each

_5  amended to read as follows:

_6      Every code city ((shall have authority to)) may permit and

_7  regulate under such restrictions and conditions as it may set by

_8  charter or ordinance and ((to)) may grant nonexclusive franchises

_9  for the use of public streets, bridges or other public ways,

10  structures or places above or below the surface of the ground for

11  all private and publicly owned or operated utilities including,

12  but not limited to, railroads and other routes and facilities for

13  public conveyances, for poles, conduits, tunnels, towers and

14  structures, pipes and wires and appurtenances thereof for

15  transmission and distribution of electrical energy, signals and

16  other methods of communication, for gas, steam, and liquid fuels,

17  for water, sewer, and other private and publicly owned and

                               p. 1                       SB 6096

_1  operated facilities for public service.  The power hereby granted

_2  shall be in addition to the franchise authority granted by general

_3  law to cities.

_4      No ordinance or resolution granting any franchise in a code

_5  city for any purpose ((shall)) may be adopted or passed by the

_6  city's legislative body on the day of its introduction nor for

_7  five days thereafter, nor at any other than a regular meeting nor

_8  without first being submitted to the city attorney, nor without

_9  having been granted by the approving vote of at least a majority

10  of the entire legislative body, nor without being published at

11  least once in a newspaper of general circulation in the city

12  before becoming effective.

13      The city council may require a bond in a reasonable amount for

14  any person or corporation obtaining a franchise from the city

15  conditioned upon the faithful performance of the conditions and

16  terms of the franchise and providing a recovery on the bond in

17  case of failure to perform the terms and conditions of the

18  franchise.

19      A code city may exercise the authority hereby granted,

20  notwithstanding a contrary limitation of any preexisting charter

21  provision.

22      Sec. 2.  RCW 36.94.180 and 1986 c 234 s 34 are each amended to read

23  as follows:

24      In the event of the annexation to a city or town of an area, or

25  incorporation of an area, in which a county is operating a

26  sewerage and/or water system, the property, facilities, and

27  equipment of such sewerage and/or water system lying within the

28  annexed or incorporated area ((may)) shall be transferred to the

29  city or town, on the request of the city or town, if such transfer

30  will not materially affect the operation of any of the remaining

31  county system, subject to the assumption by the city or town of

32  the county's obligations relating to such property, facilities,

33  and equipment, under the procedures specified in, and pursuant to

34  the authority contained in, chapter 35.13A RCW.

‑‑‑ END ‑‑‑

SB 6096                        p. 2