2SHB 1081 -
By Committee on Transportation
ADOPTED 04/09/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 35.43.040 and 1997 c 452 s 16 are each amended to
read as follows:
Whenever the public interest or convenience may require, the
legislative authority of any city or town may order the whole or any
part of any local improvement including but not restricted to those, or
any combination thereof, listed below to be constructed, reconstructed,
repaired, or renewed and landscaping including but not restricted to
the planting, setting out, cultivating, maintaining, and renewing of
shade or ornamental trees and shrubbery thereon; may order any and all
work to be done necessary for completion thereof; and may levy and
collect special assessments on property specially benefited thereby to
pay the whole or any part of the expense thereof, viz:
(1) Alleys, avenues, boulevards, lanes, park drives, parkways,
parking facilities, public places, public squares, public streets,
their grading, regrading, planking, replanking, paving, repaving,
macadamizing, remacadamizing, graveling, regraveling, piling, repiling,
capping, recapping, or other improvement; if the management and control
of park drives, parkways, and boulevards is vested in a board of park
commissioners, the plans and specifications for their improvement must
be approved by the board of park commissioners before their adoption;
(2) Auxiliary water systems;
(3) Auditoriums, field houses, gymnasiums, swimming pools, or other
recreational, playground, museum, cultural, or arts facilities or
structures;
(4) Bridges, culverts, and trestles and approaches thereto;
(5) Bulkheads and retaining walls;
(6) Dikes and embankments;
(7) Drains, sewers, and sewer appurtenances which as to trunk
sewers shall include as nearly as possible all the territory which can
be drained through the trunk sewer and subsewers connected thereto;
(8) Escalators or moving sidewalks together with the expense of
operation and maintenance;
(9) Parks and playgrounds;
(10) Sidewalks, curbing, and crosswalks;
(11) Street lighting systems together with the expense of
furnishing electrical energy, maintenance, and operation;
(12) Underground utilities transmission lines;
(13) Water mains, hydrants, and appurtenances which as to trunk
water mains shall include as nearly as possible all the territory in
the zone or district to which water may be distributed from the trunk
water mains through lateral service and distribution mains and
services;
(14) Fences, culverts, syphons, or coverings or any other feasible
safeguards along, in place of, or over open canals or ditches to
protect the public from the hazards thereof;
(15) Roadbeds, trackage, signalization, storage facilities for
rolling stock, overhead and underground wiring, and any other
stationary equipment reasonably necessary for the operation of an
electrified public streetcar line;
(16) Systems of surface, underground, or overhead railways,
tramways, buses, or any other means of local transportation except
taxis, and including passenger, terminal, station parking, and related
facilities and properties, and such other facilities as may be
necessary for passenger and vehicular access to and from such terminal,
station, parking, and related facilities and properties, together with
all lands, rights-of-way, property, equipment, and accessories
necessary for such systems and facilities;
(17) Convention center facilities or structures in cities
incorporated before January 1, 1982, with a population over sixty
thousand located in a county with a population over one million, other
than the city of Seattle. Assessments for purposes of convention
center facilities or structures may be levied only to the extent
necessary to cover a funding shortfall that occurs when funds received
from special excise taxes imposed pursuant to chapter 67.28 RCW are
insufficient to fund the annual debt service for such facilities or
structures, and may not be levied on property exclusively maintained as
single-family or multifamily permanent residences whether they are
rented, leased, or owner occupied; ((and))
(18) Programs of aquatic plant control, lake or river restoration,
or water quality enhancement. Such programs shall identify all the
area of any lake or river which will be improved and shall include the
adjacent waterfront property specially benefited by such programs of
improvements. Assessments may be levied only on waterfront property
including any waterfront property owned by the department of natural
resources or any other state agency. Notice of an assessment on a
private leasehold in public property shall comply with provisions of
chapter 79.44 RCW. Programs under this subsection shall extend for a
term of not more than five years; and
(19) Railroad crossing protection devices, including maintenance
and repair. Any assessments for maintenance and repair after the
initial indebtedness is retired may be levied only with the approval of
a majority of the property owners within the local improvement
district. Assessments for purposes of railroad crossing protection
devices may not be levied on property owned or maintained by a
railroad, railroad company, street railroad, or street railroad
company, as defined in RCW 81.04.010, or a regional transit authority
as defined in RCW 81.112.020."
2SHB 1081 -
By Committee on Transportation
ADOPTED 04/09/2009
On page 1, line 2 of the title, after "devices;" strike the remainder of the title and insert "and amending RCW 35.43.040."
EFFECT: Requires a majority of the property owners within a local improvement district to approve assessments for maintenance and repair after the initial indebtedness related to the railroad grade crossing protection devices is retired.