5675 AMH LG LUND 3
SB 5675 - H COMM AMD ADOPTED 4-12-93
By Committee on Local Government
On page 1, after the enacting clause, strike the remainder of the bill and insert:
"NEW SECTION. Sec. 1. A new section is added to chapter 36.89 RCW to read as follows:
Whenever a city or town annexes an area, or a city or town incorporates an area, and the county has issued revenue bonds or general obligation bonds to finance storm water control facilities that are payable in whole or in part from rates or charges imposed in the area, the county shall continue imposing all portions of the rates or charges that are allocated to payment of the debt service on bonds in that area after the effective date of the annexation or official date of the incorporation until: (1) The debt is retired; (2) any debt that is issued to refinance the underlying debt is retired; or (3) the city or town reimburses the county amount that is sufficient to retire that portion of the debt borne by the annexed or incorporated area. The county shall construct all facilities included in the storm water plan intended to be financed by the proceeds of such bonds. If the county provides storm water management services to the city or town by contract, the contract shall consider the value of payments made by property owners to the county for the payment of debt service.
The provisions of this section apply whether or not the bonds finance facilities that are geographically located within the area that is annexed or incorporated.
NEW SECTION. Sec. 2. A new section is added to chapter 36.94 RCW to read as follows:
Whenever a city or town annexes an area, or a city or town incorporates an area, and the county has issued revenue bonds or general obligation bonds to finance storm or surface water drains or facilities that are payable in whole or in part from rates or charges imposed in the area, the county shall continue imposing all portions of the rates or charges that are allocated to payment of the debt service on bonds in that area after the effective date of the annexation or official date of the incorporation until: (1) The debt is retired; (2) any debt that is issued to refinance the underlying debt is retired; or (3) the city or town reimburses the county amount that is sufficient to retire that portion of the debt borne by the annexed or incorporated area. The county shall construct all facilities included in the storm water plan intended to be financed by the proceeds of such bonds. If the county provides storm water management services to the city or town by contract, the contract shall consider the value of payments made by property owners to the county for the payment of debt service.
The provisions of this section apply whether or not the bonds finance facilities that are geographically located within the area that is annexed or incorporated.
Sec. 3. RCW 36.89.080 and 1970 ex.s. c 30 s 7 are each amended to read as follows:
Any ((board of county commissioners))
county legislative authority may provide by resolution for revenues by
fixing rates and charges for the furnishing of service to those served or
receiving benefits or to be served or to receive benefits from any storm water
control facility or contributing to an increase of surface water runoff. In
fixing rates and charges, the ((board)) county legislative authority
may in its discretion consider: (1) Services furnished or to be
furnished((,)); (2) benefits received or to be received((,));
(3) the character and use of land((,)) or its water runoff
characteristics; (4) the nature or type of land user; or (5) any
other matters which present a reasonable difference as a ground for
distinction. ((Such)) The service charges and rates
collected shall be deposited in a special fund or funds in the county treasury
to be used only for the purpose of paying all or any part of the cost and
expense of maintaining and operating storm water control facilities, all or any
part of the cost and expense of planning, designing, establishing, acquiring, developing,
constructing and improving any of such facilities, or to pay or secure the
payment of all or any portion of any issue of general obligation or revenue
bonds issued for such purpose."
EFFECT: Applies the concept included in the bill for revenue bonds payable from rates and charges imposed by the county in the area to general obligation bonds payable from the rates and charges imposed by the county in the area. Insert this language in both chapters of law granting counties the authority to install storm water control facilities. Permits counties to consider the nature or type of land user when establishing service charges or rates for storm water control facilities.