H-4451 _______________________________________________
SUBSTITUTE HOUSE BILL NO. 1564
_______________________________________________
C 256 L 86
State of Washington 49th Legislature 1986 Regular Session
By House Committee on Local Government (originally sponsored by Representatives Haugen, Hine, Barnes, Allen, Brough, Long and Tanner)
Read first time 2/5/86 and passed to Committee on Rules.
AN ACT Relating to protests of proposed local improvement districts; and amending RCW 56.20.020, 56.20.030, and 57.16.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 27, chapter 210, Laws of 1941 as last amended by section 10, chapter 300, Laws of 1977 ex. sess. and RCW 56.20.020 are each amended to read as follows:
Utility local improvement districts to carry out all or any portion of the comprehensive plan, or additions and betterments thereof, adopted for the sewer district may be initiated either by resolution of the board of sewer commissioners or by petition signed by the owners according to the records of the office of the county auditor of at least fifty-one percent of the area of the land within the limits of the utility local improvement district to be created.
In case the
board of sewer commissioners ((shall)) desires to initiate the
formation of a utility local improvement district by resolution, it shall first
pass a resolution declaring its intention to order such improvement, setting
forth the nature and territorial extent of such proposed improvement,
designating the number of the proposed utility local improvement 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 district, and fixing a date, time, and
place for a public hearing on the formation of the proposed local district,
which date shall, unless there is an emergency, be no less than thirty days and
no more than ninety days from the day the resolution of intention was adopted.
In case any
such utility local improvement district ((shall be)) is initiated
by petition, such petition shall set forth the nature and territorial extent of
such proposed improvement and the fact that the signers thereof are the owners
according to the records of the county auditor of at least fifty-one percent of
the area of land within the limits of the utility local improvement district to
be created. Upon the filing of such petition with the secretary of the board
of sewer commissioners, the board shall determine whether the ((same shall
be)) petition is sufficient, and the board's determination thereof
shall be conclusive upon all persons. No person ((shall)) may
withdraw his name from ((said)) the petition after the filing
thereof with the secretary of the board of sewer commissioners. If the board
((shall)) 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 ((said))
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.
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 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 of sewer 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 ((said)) 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. Whenever such notices are
mailed, the sewer commissioners shall maintain a list of such reputed property
owners, which list shall be kept on file at a location within the sewer
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. ((Said)) The notices shall also set forth
the nature of the proposed improvement, the total estimated cost, the
proportion of total cost to be borne by assessments, the date, time, and
place of the hearing before the board of sewer commissioners. In the case of
improvements initiated by resolution, ((said)) the notice shall
also: (1) 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 sewer commissioners ((before the time fixed for said)) no
later than ten days after the public hearing; (2) state that if owners of
at least forty percent of the area of land within the proposed district file
written protests with the secretary of the board, the power of the sewer
commissioners to proceed with the creation of the proposed district shall be
divested; (3) provide the name and address of the secretary of the board; and
(4) state the hours and location within the sewer district where the names of
the property owners within the proposed 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.
Sec. 2. Section 28, chapter 210, Laws of 1941 as last amended by section 6, chapter 58, Laws of 1974 ex. sess. and RCW 56.20.030 are each amended to read as follows:
Whether the
improvement is initiated by petition or resolution, the board shall conduct a
public hearing at the time and place designated in the notice to property
owners. At this hearing the board shall hear objections from any person
affected by the formation of the local district and may make such changes in
the boundaries of the district or such modifications in plans for the proposed
improvement as shall be deemed necessary((: PROVIDED, That)). The
board may not change the boundaries of the district to include property not
previously included ((therein)) in it 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 in this
chapter for the original notice.
After ((said))
the hearing the commissioners shall have jurisdiction to overrule
protests and proceed with any such improvement initiated by petition or
resolution((: PROVIDED, That)). The jurisdiction of the
commissioners to proceed with any improvement initiated by resolution shall be
divested: (a) by protests filed with the secretary of the board ((prior to
said)) before the public hearing signed by the owners, according to
the records of the county auditor, of at least forty percent of the area of
land within the proposed local district or (b) by the commissioners not
adopting a resolution ordering the improvement at a public hearing held not
more than ninety days from the day the resolution of intention was adopted,
unless the commissioners file with the county auditor a copy of the notice
required by RCW 56.20.020, and in no event at a hearing held more than two
years from the day the resolution of intention was adopted.
If the
commissioners find that the district should be formed, they shall by resolution
form the district and order the improvement((,)). After
execution of the resolution forming the district, the secretary of the board of
commissioners shall publish, in a legal publication that serves the area
subject to the district, a notice setting forth that a resolution has been
passed forming the district and that a lawsuit challenging the jurisdiction or
authority of the sewer district to proceed with the improvement and creating
the district must be filed, and notice to the sewer district served, within
thirty days of the publication of the notice. The notice shall set forth the
nature of the appeal. Property owners bringing the appeal shall follow the
procedures as set forth under appeal under RCW 56.20.080. Whenever a
resolution forming a district has been adopted, the formation is conclusive in
all things upon all parties, and cannot be contested or questioned in any
manner in any proceeding whatsoever by any person not commencing a lawsuit in
the manner and within the time provided in this section, except for lawsuits
made under RCW 56.20.080.
Following an appeal, if it is unsuccessful or if no appeal is made under RCW 56.20.080, the commissioners may proceed with the improvement and provide the general funds of the sewer district to be applied thereto, adopt detailed plans of the utility local improvement district and declare the estimated cost thereof, acquire all necessary land therefor, pay all damages caused thereby, and commence in the name of the sewer district such eminent domain proceedings and supplemental assessment or reassessment proceedings to pay all eminent domain awards as may be necessary to entitle the district to proceed with the work. The board of sewer commissioners shall proceed with the work and file with the county treasurer of each county in which the real property is to be assessed its roll levying special assessments in the amount to be paid by special assessment against the property situated within the local improvement district in proportion to the special benefits to be derived by the property therein from the improvement.
Sec. 3. Section 11, chapter 18, Laws of 1959 as last amended by section 16, chapter 17, Laws of 1982 1st ex. sess. and RCW 57.16.060 are each amended to read as follows:
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 the original general comprehensive plan previously adopted may be initiated either by resolution of the board of water 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 within the limits of the local improvement district to be created.
In case the
board of water commissioners ((shall)) desires to initiate the
formation of a local improvement district or a utility local improvement
district by resolution, it shall first pass a resolution declaring its
intention to order such improvement, setting forth the nature and territorial
extent of such proposed improvement, designating the number of the proposed
local improvement district or utility local 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 district, and fixing a date, time, and
place for a public hearing on the formation of the proposed local district.
In case any
such local improvement district or utility local improvement district ((shall
be)) is initiated by petition, such 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 within the limits of the local improvement district or utility
local improvement district to be created. Upon the filing of such petition the
board shall determine whether the ((same shall be)) petition is
sufficient, and the board's determination thereof shall be conclusive upon all
persons. No person ((shall)) may withdraw his name from the
petition after ((the same)) it has been filed with the board of
water commissioners. If the board ((shall)) 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 ((said)) the improvement, designating the
number of the proposed local 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 local
district, and fixing a date, time, and place for a public hearing on the
formation of the proposed local district.
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 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 of water 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 ((said)) 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 water
commissioners shall maintain a list of such reputed property owners, which list
shall be kept on file at a location within the water 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. ((Said))
The notices shall also set forth the nature of the proposed improvement,
the total estimated cost, the proportion of total cost to be borne by
assessments, the date, time, and place of the hearing before the board
of water commissioners. In the case of improvements initiated by resolution,
((said)) the notice shall also: (1) 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 water commissioners ((before
the time fixed for said)) no later than ten days after the public
hearing; (2) state that if owners of at least forty percent of the area of land
within the proposed district file written protests with the secretary of the
board, the power of the water commissioners to proceed with the creation of the
proposed district shall be divested; (3) provide the name and address of the
secretary of the board; and (4) state the hours and location within the water
district where the names of the property owners within the proposed 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.
Whether the
improvement is initiated by petition or resolution, the board shall conduct a
public hearing at the time and place designated in the notice to property
owners. At this hearing the board shall hear objections from any person
affected by the formation of the local district and may make such changes in
the boundaries of the district or such modifications in the plans for the
proposed improvement as shall be deemed necessary((: PROVIDED, That)).
The board may not change the boundaries of the district to include property
not previously included ((therein)) in it 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 in this
chapter for the original notice.
After ((said))
the hearing the commissioners shall have jurisdiction to overrule
protests and proceed with any such improvement initiated by petition or
resolution((: PROVIDED, That)). The jurisdiction of the
commissioners to proceed with any improvement initiated by resolution shall be
divested by protests filed with the secretary of the board ((prior to said))
before the public hearing signed by the owners, according to the records
of the applicable county auditor, of at least forty percent of the area of land
within the proposed local district.
If the
commissioners find that the district should be formed, they shall by resolution
form the district and order the improvement((,)). After
execution of the resolution forming the district, the secretary of the board of
commissioners shall publish, in a legal publication that serves the area
subject to the district, a notice setting forth that a resolution has been
passed forming the district and that a lawsuit challenging the jurisdiction or
authority of the water district to proceed with the improvement and creating
the district must be filed, and notice to the water district served, within
thirty days of the publication of the notice. The notice shall set forth the
nature of the appeal. Property owners bringing the appeal shall follow the
procedures as set forth under appeal under RCW 57.16.090. Whenever a
resolution forming a district has been adopted, the formation is conclusive in
all things upon all parties, and cannot be contested or questioned in any
manner in any proceeding whatsoever by any person not commencing a lawsuit in
the manner and within the time provided in this section, except for lawsuits
made under RCW 57.16.090.
Following an appeal, if it is unsuccessful or if no appeal is made under RCW 57.16.090, the commissioners may proceed with the improvement and provide the general funds of the water district to be applied thereto, adopt detailed plans of the local improvement district or utility local improvement district and declare the estimated cost thereof, acquire all necessary land therefor, pay all damages caused thereby, and commence in the name of the water district such eminent domain proceedings as may be necessary to entitle the district to proceed with the work. The board shall thereupon proceed with the work and file with the county treasurer of the county in which the real property is located its roll levying special assessments in the amount to be paid by special assessment against the property situated within the improvement district in proportion to the special benefits to be derived by the property therein from the improvement.