BILL REQ. #:  H-3294.1 

Read first time 01/11/12.   Referred to Committee on Local Government.

     AN ACT Relating to the creation of local improvement districts by petition in water-sewer districts; and amending RCW 57.16.060.

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

Sec. 1   RCW 57.16.060 and 1999 c 153 s 15 are each amended to read as follows:
     (1) Except as provided in subsection (5) of this section, local improvement districts or utility local improvement districts to carry out the whole or any portion of the general comprehensive plan of improvements or plan providing for additions and betterments to an original general comprehensive plan previously adopted may be initiated either by resolution of the board of commissioners or by petition signed by the owners according to the records of the office of the applicable county auditor of at least fifty-one percent of the area of the land and at least sixty percent of the property owners within the limits of the improvement district to be created. Each parcel within the proposed local improvement district is allowed no more than one signature for the purposes of determining the sufficiency of the petition. Any owner of real property exempt from property taxes may sign the petition to have the tax-exempt property placed within the local improvement district, but the signature may not be used to determine the sufficiency of the petition. A government entity that owns property within the proposed local improvement district, other than the board of commissioners, may not initiate the petition to create the local improvement district.
     (2) In case the board of commissioners desires to initiate the formation of an improvement district by resolution, it first shall pass a resolution declaring its intention to order the improvement, setting forth the nature and territorial extent of such proposed improvement, designating the number of the proposed improvement district, and 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 improvement district, and fixing a date, time, and place for a public hearing on the formation of the proposed improvement district.
     (3)(a) In case any such improvement district is initiated by petition, the petition shall set forth the nature and territorial extent of the proposed improvement requested to be ordered and the fact that the signers thereof are the owners according to the records of the applicable county auditor of at least fifty-one percent of the area of land and comprise at least sixty percent of the property owners within the limits of the improvement district to be created. Each parcel within the proposed local improvement district is allowed no more than one signature for the purposes of determining the sufficiency of the petition. Any owner of real property exempt from property taxes may sign the petition to have the tax-exempt property placed within the local improvement district, but the signature may not be used to determine the sufficiency of the petition. A government entity that owns property within the proposed local improvement district, other than the board of commissioners, may not initiate the petition to create the local improvement district.
     (b) Upon the filing of such petition, the board shall determine whether the petition is sufficient, and the board's determination thereof shall be conclusive upon all persons. No person may withdraw his or her name from the petition after it has been filed with the board of commissioners. If the board finds the petition to be sufficient, it shall proceed to 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 improvement district and 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 improvement district, and fixing a date, time, and place for a public hearing on the formation of the proposed improvement district.
     (4) Notice of the adoption of the resolution of intention, whether the resolution was adopted on the initiative of the board or pursuant to a petition of the property owners, shall be published in at least two consecutive issues of a newspaper of general circulation in the proposed improvement 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 of commissioners. Notice of the adoption of the resolution of intention shall also be given each owner or reputed owner of any lot, tract, parcel of land, or other property within the proposed improvement 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 of the county in which the real property is located at the address shown thereon. Whenever such notices are mailed, the commissioners shall maintain a list of the reputed property owners, which list shall be kept on file at a location within the district and shall be made available for public perusal. The notices shall refer to the resolution of intention and designate the proposed improvement district by number. The notices also shall set forth the nature of the proposed improvement, the total estimated cost, the proportion of total cost to be borne by assessments, and the date, time, and place of the hearing before the board of commissioners. In the case of improvements initiated by resolution, the notice also shall: (((1))) (a) State that all persons desiring to object to the formation of the proposed district must file their written protests with the secretary of the board of commissioners no later than ten days after the public hearing; (((2))) (b) state that if owners of at least forty percent of the area of land within the proposed improvement district file written protests with the secretary of the board, the power of the commissioners to proceed with the creation of the proposed improvement district shall be divested; (((3))) (c) provide the name and address of the secretary of the board; and (((4))) (d) state the hours and location within the district where the names of the property owners within the proposed improvement district are kept available for public perusal. In the case of the notice given each owner or reputed owner by mail, the notice shall set forth the estimated amount of the cost and expense of such improvement to be borne by the particular lot, tract, parcel of land, or other property.
     (5) The creation of a local improvement district or utility local improvement district in a water-sewer district located in a county with less than one hundred thousand persons must only be commenced through the petition process established under this section.