S-769                 _______________________________________________

                                                   SENATE BILL NO. 5086

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senator Hayner

Read first time 1/13/89 and referred to Committee on Transportation.

AN ACT Relating to maintenance and repair of streets and roads; and adding a new chapter to Title 47 RCW.

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

NEW SECTION. Sec. 1.     With the advent of higher costs for the maintenance and repair of public streets and roads and the decrease of availability of money derived from the traditional sources to finance such maintenance and repair, cities, towns, and counties face greater exposure to liability for failing to carry out their duties with respect to their streets and roads, and the general public is exposed to greater risks to their health and safety because of the growing inability of cities, towns, and counties to maintain and repair streets and roads.  Cities, towns, and counties should be given the option and opportunity to maintain and repair their streets and roads, consistent with state law, as a separate enterprise and facility comparable to the utility services now furnished by municipalities.

NEW SECTION. Sec. 2.     Any city, town, or county may elect by action of its legislative authority to maintain and repair all or any described portion of its streets and roads as a separate enterprise and facility.

NEW SECTION. Sec. 3.     Any city, town, or county may finance the costs of maintenance and repair of its streets and roads with charges for the use or availability of or the generation of traffic on such streets and roads.  The rates charged for such use must be uniform for the same class of service.  In classifying service furnished, the city, town, or county legislative authority may in its discretion consider any or all of the following factors:  The difference in cost of service to the various users or traffic generators; location of the various users or traffic generators within the city, town, or county; the difference in cost of maintenance, operation, repair, and replacement of the various parts of the enterprise and facility; the different character of the service furnished various users or traffic generators; the size and quality of the street and road service furnished; the time of its use or traffic generation; capital contributions made to the facility including but not limited to special assessments; and any other matters which present a reasonable difference as a ground for distinction.  Charges may be made against owners or occupants of real property based on the burden imposed on or benefits received from or traffic generated on such streets and roads by each class of such owners or occupants.

NEW SECTION. Sec. 4.     The city, town, or county electing to maintain and repair its streets and roads and related facilities pursuant to this chapter may finance such maintenance and repair through local improvement districts, utility local improvement districts, road improvement districts, or with proceeds from general obligation bonds and revenue bonds payable from such charges issued in accordance with the provisions of chapter 35.41 or 35.92 RCW in the case of cities and towns, and chapter 36.67 RCW in the case of counties, or any combination thereof.

NEW SECTION. Sec. 5.     Sections 1 through 4 of this act shall constitute a new chapter in Title 47 RCW.