BILL REQ. #:  H-4459.1 

Read first time 01/19/10.   Referred to Committee on Local Government & Housing.

     AN ACT Relating to local improvement districts in flood control zone districts; adding new sections to chapter 86.15 RCW; and declaring an emergency.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 86.15 RCW to read as follows:
     (1) Local improvement districts may be initiated by petition signed by the owners according to the records of the office of the county assessor of at least fifty-one percent of the area of land within the limits of the local district to be created.
     (2) If the local improvement district is initiated by petition, the petition must set forth the nature and territorial extent of the proposed improvement and the fact that the signers thereof are the owners according to the records of the county assessor of at least fifty-one percent of the area of land within the limits of the local district to be created. Upon the filing of the petition with the board, the board must determine whether the petition is sufficient, and the board's determination thereof must be conclusive upon all persons. No person may withdraw his or her name from the petition after the filing thereof with the board.
     (3) If the board finds the petition to be sufficient, it must adopt a resolution declaring its intention to order the improvement petitioned for, setting forth the nature and territorial extent of the improvement, designating the number of the proposed local district, describing the boundaries thereof, stating the estimated cost and expense of the improvement and the proportionate amount thereof which will be borne by the property within the proposed local district, and fixing a date, time, and place for a public hearing on the formation of the proposed local district.
     (4) Notice of the adoption of the resolution of intention pursuant to a petition of the property owners, must be published in at least two consecutive issues of a newspaper of general circulation in the proposed local district, the date of the first publication to be at least fifteen days prior to the date fixed by such resolution for hearing before the board. Notice of the adoption of the resolution of intention must also be given each owner or reputed owner of any lot, tract, parcel of land, or other property within the proposed local district by mailing the notice at least fifteen days before the date fixed for the public hearing to the owner or reputed owner of the property as shown on the tax rolls of the county treasurer at the address shown thereon. The notice must refer to the resolution of intention and designate the proposed local district by number. The notice must also set forth the nature of the proposed improvement, the total estimated cost, the proportion of total cost to be borne by assessments, the estimated amount of the cost and expense of such improvement to be borne by the particular lot, tract, or parcel, the date, time, and place of the hearing before the board. The notice must also state that all persons desiring to object to the formation of the proposed district must file their written protests with the board before the time fixed for the public hearing.

NEW SECTION.  Sec. 2   A new section is added to chapter 86.15 RCW to read as follows:
     Any notice given to the public or to the owners of specific lots, tracts, or parcels of land relating to the formation of a local improvement district initiated by petition must contain a statement that actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to the increased true and fair value the improvement adds to the property.

NEW SECTION.  Sec. 3   A new section is added to chapter 86.15 RCW to read as follows:
     (1) Whether the improvement is initiated by petition or resolution, the board must conduct a public hearing at the time and place designated in the notice to the property owners. At this hearing the board shall hear objections from any person affected by the formation of the local district and may make changes in the boundaries of the district or modifications in plans for the proposed improvement as are deemed necessary: PROVIDED, That the board may not change the boundaries of the district to include property not previously included therein without first passing a new resolution of intention and giving a new notice to property owners in the manner and form and within the time herein provided for the original notice.
     (2) Unless the board finds clear and convincing reasons, reasons that must be documented through adopted findings, that the district should not be formed, the board must by resolution order the improvement, adopt detailed plans of the local district and declare the estimated cost thereof, and proceed with the work. The board must proceed with the work and file with the county treasurer its roll levying special assessments in the amount to be paid by special assessment against the property situated within the local district in proportion to the special benefits to be derived by the property therein from the improvement.

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.