S-1327               _______________________________________________

 

                                         SUBSTITUTE SENATE BILL NO. 5128

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By Senate Committee on Governmental Operations (originally sponsored by Senator McCaslin)

 

 

Read first time 1/26/89.

 

 


AN ACT Relating to local improvements; amending RCW 35.43.120, 35.43.140, and 35.43.150; adding a new section to chapter 36.69 RCW; adding a new section to chapter 36.88 RCW; adding a new section to chapter 36.94 RCW; adding a new section to chapter 52.20 RCW; adding a new section to chapter 53.08 RCW; adding a new section to chapter 54.16 RCW; adding a new section to chapter 56.20 RCW; adding a new section to chapter 57.16 RCW; and adding a new section to chapter 87.03 RCW.

 

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

 

        Sec. 1.  Section 35.43.120, chapter 7, Laws of 1965 as last amended by section 1, chapter 323, Laws of 1981 and RCW 35.43.120 are each amended to read as follows:

          Any local improvement may be initiated upon a petition signed by the owners of property aggregating a majority of the area within the proposed district.  The petition must briefly describe:  (1) The nature of the proposed improvement, (2) the territorial extent of the proposed improvement, ((and)) (3) what proportion of the area within the proposed district is owned by the petitioners as shown by the records in the office of the county auditor, and (4) the fact 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.

          If any of the property within the area of the proposed district stands in the name of a deceased person, or of any person for whom a guardian has been appointed and not discharged, the signature of the executor, administrator, or guardian, as the case may be, shall be equivalent to the signature of the owner of the property on the petition.  The petition must be filed with the clerk or with such other officer as the city or town by charter or ordinance may require.

 

        Sec. 2.  Section 35.43.140, chapter 7, Laws of 1965 as last amended by section 29, chapter 469, Laws of 1985 and RCW 35.43.140 are each amended to read as follows:

          Any local improvement to be paid for in whole or in part by the levy and collection of assessments upon the property within the proposed improvement district may be initiated by a resolution of the city or town council or other legislative authority of the city or town, declaring its intention to order the improvement, setting forth the nature and territorial extent of the improvement, containing 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, and notifying all persons who may desire to object thereto to appear and present their objections at a time to be fixed therein.

          In the case of trunk sewers and trunk water mains the resolution must describe the routes along which the trunk sewer, subsewer and branches of trunk water main and laterals are to be constructed.

          In case of dikes or other structures to protect the city or town or any part thereof from overflow or to open, deepen, straighten, or enlarge watercourses, waterways and other channels the resolution must set forth the place of commencement and ending thereof and the route to be used.

          In the case of auxiliary water systems, or extensions thereof or additions thereto for protection of the city or town or any part thereof from fire, the resolution must set forth the routes along which the auxiliary water system or extensions thereof or additions thereto are to be constructed and specifications of the structures or works necessary thereto or forming a part thereof.

          The resolution shall be published in at least two consecutive issues of the official newspaper of the city or town, the first publication to be at least fifteen days before the day fixed for the hearing.

          The hearing herein required may be held before the city or town council, or other legislative authority, or before a committee thereof.  The legislative authority of a city having a population of fifteen thousand or more may designate an officer to conduct the hearings.  The committee or hearing officer shall report recommendations on the resolution to the legislative authority for final action.

 

        Sec. 3.  Section 35.43.150, chapter 7, Laws of 1965 as amended by section 2, chapter 303, Laws of 1983 and RCW 35.43.150 are each amended to read as follows:

          Notice of the hearing upon a resolution declaring the intention of the legislative authority of a city or town to order an improvement shall be given by mail at least fifteen days before the day fixed for hearing to the owners or reputed owners of all lots, tracts, and parcels of land or other property to be specially benefited by the proposed improvement, as shown on the rolls of the county assessor, directed to the address thereon shown.

          The notice shall set forth the nature of the proposed improvement, the estimated cost, 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, and the estimated benefits of the particular lot, tract, or parcel.

 

          NEW SECTION.  Sec. 4.  A new section is added to chapter 36.69 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 shall 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. 5.  A new section is added to chapter 36.88 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 county road improvement district shall 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. 6.  A new section is added to chapter 36.94 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 or utility local improvement district shall 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. 7.  A new section is added to chapter 52.20 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 shall 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. 8.  A new section is added to chapter 53.08 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 shall 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. 9.  A new section is added to chapter 54.16 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 utility district shall 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. 10.  A new section is added to chapter 56.20 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 utility local improvement district shall 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. 11.  A new section is added to chapter 57.16 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 or utility local improvement district shall 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. 12.  A new section is added to chapter 87.03 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 shall 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.