5650 AMH SCHD H3149.2
SB 5650 - H AMD 517 ADOPTED 4-10-97
By Representative D. Schmidt
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 35.13A RCW to read as follows:
The board of commissioners of a water-sewer district, with fewer than one hundred twenty customers on the effective date of this act, may by resolution declare that it is in the best interests of the district for a city, with a population greater than one hundred thousand on the effective date of this act, to assume jurisdiction of the district. None of the territory or assessed valuation of the district need be included within the corporate boundaries of the city. If the city legislative body agrees to assume jurisdiction of the district, the district and the city shall enter into a contract under RCW 35.13A.070, acceptable to both the district and the city, to carry out the assumption. The contract must provide for the transfer to the city of all real and personal property, franchises, rights, assets, taxes levied but not collected for the district for other than indebtedness, water and sewer lines, and all other facilities and equipment of the district. The transfers are subject to all financial, statutory, or contractual obligations of the district for the security or performance of which the property may have been pledged. The city may manage, control, maintain, and operate the property, facilities, and equipment and fix and collect service and other charges from owners and occupants of properties so served by the city. However, the actions of the city are subject to any outstanding indebtedness, bonded or otherwise, of the district payable from taxes, assessments, or revenues of any kind or nature and to any other contractual obligations of the district, including but not limited to the contract entered into by the city and the district under RCW 35.13A.070.
Under the contract, the city may assume the obligation of paying the district indebtedness and of levying and collecting or causing to be collected the district taxes, assessments, and utility rates and charges of any kind or nature to pay and secure the payment of the indebtedness, according to all terms, conditions, and covenants incident to the indebtedness. The city shall assume and perform all other outstanding contractual obligations of the district in accordance with all of their terms, conditions, and covenants. The assumption does not impair the obligation of any indebtedness or other contractual obligation entered into after the effective date of this act. Until the outstanding indebtedness of the district has been discharged, the territory of the district and the owners and occupants of property in it, continue to be liable for its and their proportionate share of the indebtedness, including outstanding assessments levied by a local improvement district or utility local improvement district within the water-sewer district. The city shall assume the obligation of paying the indebtedness, collecting the assessments and charges, and observing and performing the other district contractual obligations. The legislative body of the city shall act as the officers of the district for the purpose of certifying the amount of any property tax to be levied and collected in the district, and causing service and other charges and assessments to be collected from the property or owners or occupants of it, enforcing the collection, and performing all other acts necessary to insure performance of the district's contractual obligations.
When the city assumes the obligation of paying the outstanding indebtedness, and if property taxes or assessments have been levied and service or other charges have accrued for that purpose but have not been collected by the district before the assumption, the taxes, assessments, and charges collected belong and must be paid to the city and used by the city so far as necessary for payment of indebtedness of the district that existed and was unpaid on the date the city elected to assume the indebtedness. Funds received by the city that have been collected for the purpose of paying bonded or other indebtedness of the district must be used for the purpose for which they were collected and for no other purpose. Outstanding indebtedness must be paid as provided in the bond covenants. The city shall use funds of the district on deposit with the county treasurer at the time of title transfer solely for the benefit of the utility, and shall not transfer them to or use them for the benefit of the city's general fund.
This section expires December 31, 1998.
Sec. 2. RCW 35.13A.070 and 1971 ex.s. c 95 s 7 are each amended to read as follows:
Notwithstanding
any provision of this chapter to the contrary, one or more cities and one or
more ((water districts or sewer)) districts may, through their
legislative authorities, authorize a contract with respect to the rights,
powers, duties, and obligation of such cities, or districts with regard
to the use and ownership of property, the providing of services, the
maintenance and operation of facilities, allocation of cost, financing and
construction of new facilities, application and use of assets, disposition of
liabilities and debts, the performance of contractual obligations, and
any other matters arising out of the inclusion, in whole or in part, of the
district or districts within any city or cities, or the assumption by the
city of jurisdiction of a district under section 1 of this act. The
contract may provide for the furnishing of services by any party thereto and
the use of city or district facilities or real estate for such purpose, and may
also provide for the time during which such district or districts may continue
to exercise any rights, privileges, powers, and functions provided by
law for such district or districts as if the district or districts or portions
thereof were not included within a city or were not subject to an assumption
of jurisdiction under section 1 of this act, including but not by way of
limitation, the right to promulgate rules and regulations, to levy and collect
special assessments, rates, charges, service charges, and connection
fees, ((and)) to adopt and carry out the provisions of a comprehensive
plan, and amendments thereto, for a system of improvements, and to issue
general obligation bonds or revenue bonds in the manner provided by law. The
contract may provide for the transfer to a city of district facilities,
property, rights, and powers as provided in RCW 35.13A.030 ((and)),
35.13A.050, and section 1 of this act, whether or not sixty percent or
any of the area or assessed valuation of real estate lying within the
district or districts is included within such city. The contract may provide
that any party thereto may authorize, issue, and sell revenue bonds to
provide funds for new water or sewer improvements or to refund any water
revenue, sewer revenue, or combined water and sewer revenue bonds
outstanding of any city, or district which is a party to such contract if such
refunding is deemed necessary, providing such refunding will not increase
interest costs. The contract may provide that any party thereto may authorize
and issue, in the manner provided by law, general obligation or revenue bonds
of like amounts, terms, conditions, and covenants as the outstanding
bonds of any other party to the contract, and such new bonds may be substituted
or exchanged for such outstanding bonds((: PROVIDED, That)).
However, no such exchange or substitution shall be effected in such a
manner as to impair the obligation or security of any such outstanding bonds.
Sec. 3. RCW 35.13A.080 and 1971 ex.s. c 95 s 8 are each amended to read as follows:
In
any of the cases provided for in RCW 35.13A.020, 35.13A.030, ((and))
35.13A.050, and section 1 of this act, and notwithstanding any other
method of dissolution provided by law, dissolution proceedings may be initiated
by either the city or the district, or both, when the legislative body of the
city and the governing body of the district agree to, and petition for,
dissolution of the district.
The petition for dissolution shall be signed by the chief administrative officer of the city and the district, upon authorization of the legislative body of the city and the governing body of the district, respectively and such petition shall be presented to the superior court of the county in which the city is situated.
If the petition is thus authorized by both the city and district, and title to the property, facilities, and equipment of the district has passed to the city pursuant to action taken under this chapter, all indebtedness and local improvement district or utility local improvement district assessments of the district have been discharged or assumed by and transferred to the city, and the petition contains a statement of the distribution of assets and liabilities mutually agreed upon by the city and the district and a copy of the agreement between such city and the district is attached thereto, a hearing shall not be required and the court shall, if the interests of all interested parties have been protected, enter an order dissolving the district.
In
any of the cases provided for in RCW 35.13A.020 ((and)),
35.13A.030, and section 1 of this act, if the petition for an order of
dissolution is signed on behalf of the city alone or the district alone, or
there is no mutual agreement on the distribution of assets and liabilities, the
superior court shall enter an order fixing a hearing date not less than sixty
days from the day the petition is filed, and the clerk of the court of the
county shall give notice of such hearing by publication in a newspaper of
general circulation in the district once a week for three successive weeks and
by posting in three public places in the district at least twenty-one days
before the hearing. The notice shall set forth the filing of the petition, its
purposes, and the date and place of hearing thereon.
After the hearing the court shall enter its order with respect to the dissolution of the district. If the court finds that such district should be dissolved and the functions performed by the city, the court shall provide for the transfer of assets and liabilities to the city. The court may provide for the dissolution of the district upon such conditions as the court may deem appropriate. A certified copy of the court order dissolving the district shall be filed with the county auditor. If the court does not dissolve the district, it shall state the reasons for declining to do so.
Sec. 4. RCW 57.04.050 and 1996 c 230 s 204 are each amended to read as follows:
Upon
entry of the findings of the final hearing on the petition if one or more
county legislative authorities find that the proposed district will be
conducive to the public health, welfare, and convenience and will benefit the
land therein, they shall ((call)) present a resolution to the county
auditor calling for a special election ((by presenting a resolution to
the county auditor at least forty‑five days prior to the proposed
election date. A special election shall be held on a date decided by the
commissioners in accordance with RCW 29.13.020)) to be held at a date
specified under RCW 29.13.020, that occurs forty-five or more days after the
resolution is presented, at which a ballot proposition authorizing the district
to be created shall be submitted to voters for their approval or rejection.
The commissioners shall cause to be published a notice of the election for four
successive weeks in a newspaper of general circulation in the proposed
district, which notice shall state the hours during which the polls will be
open, the boundaries of the district as finally adopted and the object of the
election, and the notice shall also be posted ten days in ten public places in
the proposed district. ((In submitting the proposition to the voters, it
shall be expressed on the ballots in the following terms:
. . . . . District.................................... YES
G
. . . . .
District.................................... NO G
giving
the name of the district as provided in the petition. The proposition to be
effective must be)) The district shall be
created if the ballot proposition authorizing the district to be created is
approved by a majority of the voters voting on the proposition.
A
separate ballot proposition authorizing the district, if created, to impose a
single-year excess levy for the preliminary expenses of the district shall be
submitted to voters for their approval or rejection at the same special
election ((a proposition shall be submitted to the voters, for their
approval or rejection, authorizing the district, if formed, to impose on all
property located in the district a general tax for one year, in excess of the
limitations provided by law)), if the petition to create the district
also proposed that a ballot proposition authorizing an excess levy be submitted
to voters for their approval or rejection. The excess levy shall be proposed
in the amount specified in the petition to create the district, not to exceed
one dollar and twenty-five cents per thousand dollars of assessed value, ((for
general preliminary expenses of the district, that proposition to be expressed
on the ballots in the following terms:
One year
. . . . . . dollars and
. . . . . . cents per thousand dollars of assessed
value tax................. YES G
NO
G
Such
a ballot proposition)) and may only be
submitted to voters for their approval or rejection if the special election is
held in February, March, April, or May. The proposition to be effective must
be approved ((by at least three-fifths of the voters voting on the
proposition)) in the manner set forth in Article VII, section 2(a) of the
state Constitution.
Sec. 5. RCW 57.08.005 and 1996 c 230 s 301 are each amended to read as follows:
A district shall have the following powers:
(1) To acquire by purchase or condemnation, or both, all lands, property and property rights, and all water and water rights, both within and without the district, necessary for its purposes. The right of eminent domain shall be exercised in the same manner and by the same procedure as provided for cities and towns, insofar as consistent with this title, except that all assessment or reassessment rolls to be prepared and filed by eminent domain commissioners or commissioners appointed by the court shall be prepared and filed by the district, and the duties devolving upon the city treasurer are imposed upon the county treasurer;
(2) To lease real or personal property necessary for its purposes for a term of years for which that leased property may reasonably be needed;
(3) To construct, condemn and purchase, add to, maintain, and supply waterworks to furnish the district and inhabitants thereof and any other persons, both within and without the district, with an ample supply of water for all uses and purposes public and private with full authority to regulate and control the use, content, distribution, and price thereof in such a manner as is not in conflict with general law and may construct, acquire, or own buildings and other necessary district facilities. Where a customer connected to the district's system uses the water on an intermittent or transient basis, a district may charge for providing water service to such a customer, regardless of the amount of water, if any, used by the customer. District waterworks may include facilities which result in combined water supply and electric generation, if the electricity generated thereby is a byproduct of the water supply system. That electricity may be used by the district or sold to any entity authorized by law to use or distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of water supply. For such purposes, a district may take, condemn and purchase, acquire, and retain water from any public or navigable lake, river or watercourse, or any underflowing water, and by means of aqueducts or pipeline conduct the same throughout the district and any city or town therein and carry it along and upon public highways, roads, and streets, within and without such district. For the purpose of constructing or laying aqueducts or pipelines, dams, or waterworks or other necessary structures in storing and retaining water or for any other lawful purpose such district may occupy the beds and shores up to the high water mark of any such lake, river, or other watercourse, and may acquire by purchase or condemnation such property or property rights or privileges as may be necessary to protect its water supply from pollution. For the purposes of waterworks which include facilities for the generation of electricity as a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owner;
(4) To purchase and take water from any municipal corporation, private person, or entity. A district contiguous to Canada may contract with a Canadian corporation for the purchase of water and for the construction, purchase, maintenance, and supply of waterworks to furnish the district and inhabitants thereof and residents of Canada with an ample supply of water under the terms approved by the board of commissioners;
(5)
To construct, condemn and purchase, add to, maintain, and operate systems of
sewers for the purpose of furnishing the district, the inhabitants thereof, and
persons outside the district with an adequate system of sewers for all uses and
purposes, public and private, including but not limited to on-site sewage
disposal facilities, approved septic tanks or approved septic tank systems,
other facilities and systems for the collection, interception, treatment, and
disposal of wastewater, and for the control of pollution from wastewater ((and
for the protection, preservation, and rehabilitation of surface and underground
waters, facilities for the drainage and treatment of storm or surface waters,
public highways, streets, and roads)) with full authority to regulate the
use and operation thereof and the service rates to be charged. Sewage
facilities may include facilities which result in combined sewage disposal((,))
or treatment((, or drainage)) and electric generation, except
that the electricity generated thereby is a byproduct of the system of sewers.
Such electricity may be used by the district or sold to any entity authorized
by law to distribute electricity. Electricity is deemed a byproduct when the
electrical generation is subordinate to the primary purpose of sewage
disposal((,)) or treatment((, or drainage)). For such
purposes a district may conduct sewage throughout the district and throughout
other political subdivisions within the district, and construct and lay sewer
pipe along and upon public highways, roads, and streets, within and without the
district, and condemn and purchase or acquire land and rights of way necessary
for such sewer pipe. A district may erect sewage treatment plants within or
without the district, and may acquire, by purchase or condemnation, properties
or privileges necessary to be had to protect any lakes, rivers, or watercourses
and also other areas of land from pollution from its sewers or its sewage
treatment plant. For the purposes of sewage facilities which include
facilities that result in combined sewage disposal((,)) or
treatment((, or drainage)) and electric generation where the electric
generation is a byproduct, nothing in this section may be construed to
authorize a district to condemn electric generating, transmission, or
distribution rights or facilities of entities authorized by law to distribute electricity,
or to acquire such rights or facilities without the consent of the owners;
(6) To construct, condemn and purchase, add to, maintain, and operate systems of drainage for the benefit and use of the district, the inhabitants thereof, and persons outside the district with an adequate system of drainage, including but not limited to facilities and systems for the collection, interception, treatment, and disposal of storm or surface waters, and for the protection, preservation, and rehabilitation of surface and underground waters, and drainage facilities for public highways, streets, and roads, with full authority to regulate the use and operation thereof and the service rates to be charged. Drainage facilities may include natural systems. Drainage facilities may include facilities which result in combined drainage facilities and electric generation, except that the electricity generated thereby is a byproduct of the drainage system. Such electricity may be used by the district or sold to any entity authorized by law to distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of drainage collection, disposal, and treatment. For such purposes, a district may conduct storm or surface water throughout the district and throughout other political subdivisions within the district, construct and lay drainage pipe and culverts along and upon public highways, roads, and streets, within and without the district, and condemn and purchase or acquire land and rights of way necessary for such drainage systems. A district may provide or erect facilities and improvements for the treatment and disposal of storm or surface water within or without the district, and may acquire, by purchase or condemnation, properties or privileges necessary to be had to protect any lakes, rivers, or watercourses and also other areas of land from pollution from storm or surface waters. For the purposes of drainage facilities which include facilities that also generate electricity as a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owners;
(7) To construct, condemn, acquire, and own buildings and other necessary district facilities;
(((7)))
(8) To compel all property owners within the district located within an
area served by the district's system of sewers to connect their private drain
and sewer systems with the district's system under such penalty as the
commissioners shall prescribe by resolution. The district may for such purpose
enter upon private property and connect the private drains or sewers with the
district system and the cost thereof shall be charged against the property
owner and shall be a lien upon property served;
(((8)))
(9) Where a district contains within its borders, abuts, or is located
adjacent to any lake, stream, ground water as defined by RCW 90.44.035, or
other waterway within the state of Washington, to provide for the reduction,
minimization, or elimination of pollutants from those waters in accordance with
the district's comprehensive plan, and to issue general obligation bonds,
revenue bonds, local improvement district bonds, or utility local improvement
bonds for the purpose of paying all or any part of the cost of reducing,
minimizing, or eliminating the pollutants from these waters;
(((9)))
(10) To fix rates and charges for water, sewer, and drain service
supplied and to charge property owners seeking to connect to the district's
systems, as a condition to granting the right to so connect, in addition to the
cost of the connection, such reasonable connection charge as the board of
commissioners shall determine to be proper in order that those property owners
shall bear their equitable share of the cost of the system. For the purposes
of calculating a connection charge, the board of commissioners shall determine
the pro rata share of the cost of existing facilities and facilities planned
for construction within the next ten years and contained in an adopted
comprehensive plan and other costs borne by the district which are directly
attributable to the improvements required by property owners seeking to connect
to the system. The cost of existing facilities shall not include those
portions of the system which have been donated or which have been paid for by
grants. The connection charge may include interest charges applied from the
date of construction of the system until the connection, or for a period not to
exceed ten years, whichever is shorter, at a rate commensurate with the rate of
interest applicable to the district at the time of construction or major
rehabilitation of the system, or at the time of installation of the lines to
which the property owner is seeking to connect. A district may permit payment
of the cost of connection and the reasonable connection charge to be paid with
interest in installments over a period not exceeding fifteen years. The county
treasurer may charge and collect a fee of three dollars for each year for the
treasurer's services. Those fees shall be a charge to be included as part of
each annual installment, and shall be credited to the county current expense
fund by the county treasurer. Revenues from connection charges excluding
permit fees are to be considered payments in aid of construction as defined by
department of revenue rule.
Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for sewer, water, storm water control, drainage, and street lighting facilities to the same extent private persons and private property are subject to those rates and charges that are imposed by districts. In setting those rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;
(((10)))
(11) To contract with individuals, associations and corporations, the
state of Washington, and the United States;
(((11)))
(12) To employ such persons as are needed to carry out the district's
purposes and fix salaries and any bond requirements for those employees;
(((12)))
(13) To contract for the provision of engineering, legal, and other
professional services as in the board of commissioner's discretion is necessary
in carrying out their duties;
(((13)))
(14) To sue and be sued;
(((14)))
(15) To loan and borrow funds and to issue bonds and instruments
evidencing indebtedness under chapter 57.20 RCW and other applicable laws;
(((15)))
(16) To transfer funds, real or personal property, property interests,
or services subject to RCW 57.08.015;
(((16)))
(17) To levy taxes in accordance with this chapter and chapters 57.04
and 57.20 RCW;
(((17)))
(18) To provide for making local improvements and to levy and collect
special assessments on property benefitted thereby, and for paying for the same
or any portion thereof in accordance with chapter 57.16 RCW;
(((18)))
(19) To establish street lighting systems under RCW 57.08.060;
(((19)))
(20) To exercise such other powers as are granted to water-sewer
districts by this title or other applicable laws; and
(((20)))
(21) To exercise any of the powers granted to cities and counties with
respect to the acquisition, construction, maintenance, operation of, and fixing
rates and charges for waterworks and systems of sewerage and drainage.
Sec. 6. RCW 57.08.014 and 1996 c 230 s 304 are each amended to read as follows:
In
addition to the authority of a district to establish classifications for rates
and charges and impose such rates and charges, a district may adjust or delay
those rates and charges for low-income persons or classes of low-income
persons, including but not limited to, ((poor)) low-income
handicapped persons and ((poor)) low-income senior citizens.
Other financial assistance available to low-income persons shall be considered
in determining charges and rates under this section. Notification of special
rates or charges established under this section shall be provided to all
persons served by the district annually and upon initiating service.
Information on cost shifts caused by establishment of the special rates or
charges shall be included in the notification. Any reduction in charges and
rates granted to low-income persons in one part of a service area shall be
uniformly extended to low-income persons in all other parts of the service
area.
Sec. 7. RCW 57.08.030 and 1996 c 230 s 307 are each amended to read as follows:
(1) Whenever any district shall have installed a distributing system of water mains and laterals, and as a source of supply of water shall be purchasing or intending to purchase water from any city or town, and whenever it appears to be advantageous to the water consumers in the district that such city or town shall take over the water system of the district and supply water to those water users, the commissioners of the district, when authorized as provided in subsection (2) of this section, shall have the right to convey the distributing system to that city or town if that city or town is willing to accept, maintain, and repair the same.
(2) Should the commissioners of the district decide that it would be to the advantage of the water consumers of the district to make the conveyance provided for in subsection (1) of this section, they shall cause the proposition of making that conveyance to be submitted to the voters of the district at any general election or at a special election to be called for the purpose of voting on the same. If at the election a majority of the voters voting on the proposition shall be in favor of making the conveyance, the district commissioners shall have the right to convey to the city or town the mains and laterals belonging to the district upon the city or town entering into a contract satisfactory to the commissioners to maintain and repair the same.
(3) Whenever a city or town located wholly or in part within a district shall enter into a contract with the commissioners of a district providing that the city or town shall take over all of the operation of the water supply facilities of the district located within its boundaries, the area of the district located within the city or town shall upon the execution of the contract cease to be served by the district for water service purposes. However, the affected land within that city or town shall remain liable for the payment of all assessments, any lien upon the property at the time of the execution of the agreement, and for any lien of all general obligation bonds due at the date of the contract, and the city or town shall remain liable for its fair prorated share of the debt of the area for any revenue bonds, outstanding as of the date of contract.
Sec. 8. RCW 57.08.044 and 1996 c 230 s 309 are each amended to read as follows:
A district may enter into contracts with any county, city, town, or any other municipal or quasi-municipal corporation, or with any private person or corporation, for the acquisition, ownership, use, and operation of any property, facilities, or services, within or without the district, and necessary or desirable to carry out the purposes of the district. A district may provide water, sewer, drainage, or street lighting services to property owners in areas within or without the limits of the district, except that if the area to be served is located within another existing district duly authorized to exercise district powers in that area, then water, sewer, drainage, or street lighting service may not be so provided by contract or otherwise without the consent by resolution of the board of commissioners of that other district.
Sec. 9. RCW 57.08.047 and 1996 c 230 s 310 are each amended to read as follows:
The
provision of water ((or)), sewer, or drainage service
beyond the boundaries of a district may be subject to potential review by a
boundary review board under chapter 36.93 RCW.
Sec. 10. RCW 57.08.050 and 1996 c 230 s 311 and 1996 c 18 s 14 are each reenacted and amended to read as follows:
(1)
All ((work)) projects ordered, the estimated cost of which is in
excess of ((five)) ten thousand dollars, shall be let by
contract. The cost of a project is the aggregate amount to be paid for all
labor, materials, supplies, and equipment of a continuous or interrelated
project if the work is to be performed simultaneously or in close sequence.
All contract projects, the estimated cost of which is less than fifty thousand
dollars, may be awarded to a contractor using the small works roster process
provided in RCW 39.04.155. The board of commissioners may set up uniform
procedures to prequalify contractors for inclusion on the small works roster.
All contract projects equal to or in excess of fifty thousand dollars shall be
let by competitive bidding. Before awarding any such contract the board of
commissioners shall publish a notice in a newspaper of general circulation
where the district is located at least once thirteen days before the last date
upon which bids will be received, inviting sealed proposals for such work,
plans and specifications ((which)). The work plans and
specifications must at the time of publication of such notice be on file in
the office of the board of commissioners and be subject to ((the))
public inspection. The notice shall state generally the work to be done and
shall call for proposals for doing the same to be sealed and filed with the
board of water commissioners on or before the day and hour named therein.
Each
bid shall be accompanied by a certified or cashier's check or postal money
order payable to the order of the county treasurer for a sum not less than five
percent of the amount of the bid, or accompanied by a bid bond in an amount not
less than five percent of the bid with a corporate surety licensed to do
business in the state, conditioned that the bidder will pay the district as
liquidated damages the amount specified in the bond, unless the bidder enters
into a contract in accordance with the bidder's bid, and no bid shall be
considered unless accompanied by such check, cash or bid bond. At the time and
place named such bids shall be publicly opened and read and the board of
commissioners shall proceed to canvass the bids and may let such contract to
the lowest responsible bidder upon plans and specifications on file or to the
best bidder submitting the bidder's own plans and specifications. ((However,
no contract shall be let in excess of the cost of the materials or work.))
The board of commissioners may reject all bids for good cause and readvertise
and in such case all checks, cash or bid bonds shall be returned to the
bidders. If the contract is let, then all checks, cash, or bid bonds shall be
returned to the bidders, except that of the successful bidder, which shall be
retained until a contract shall be entered into for doing the work, and a bond
to perform such work furnished with sureties satisfactory to the board of
commissioners in the full amount of the contract price between the bidder and
the commission in accordance with the bid. If the bidder fails to enter into
the contract in accordance with the bid and furnish the bond within ten days
from the date at which the bidder is notified that the bidder is the successful
bidder, the check, cash, or bid bonds and the amount thereof shall be forfeited
to the district. If the bidder fails to enter into a contract in accordance
with the bidder's bid, and the board of commissioners deems it necessary to
take legal action to collect on any bid bond required by this section, then the
district shall be entitled to collect from the bidder any legal expenses, including
reasonable attorneys' fees occasioned thereby. A low bidder who claims error
and fails to enter into a contract is prohibited from bidding on the same
project if a second or subsequent call for bids is made for the project.
(2)
Any purchase of materials, supplies, or equipment, with an estimated cost in
excess of ten thousand dollars, shall be by contract. Any purchase of
materials, supplies, or equipment, with an estimated cost ((of from five))
in excess of ten thousand dollars ((to)) but less than
fifty thousand dollars shall be made using the process provided in RCW ((39.04.155))
39.04.190 or by competitive bidding following the procedure for letting
contracts for projects under subsection (1) of this section. Any purchase of
materials, supplies, or equipment with an estimated cost of fifty thousand
dollars or more shall be made by competitive bidding following the procedure
for letting contracts for projects under subsection (1) of this section.
(3) In the event of an emergency when the public interest or property of the district would suffer material injury or damage by delay, upon resolution of the board of commissioners, or proclamation of an official designated by the board to act for the board during such emergencies, declaring the existence of such emergency and reciting the facts constituting the same, the board or official acting for the board may waive the requirements of this chapter with reference to any purchase or contract. In addition, these requirements may be waived for purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation.
Sec. 11. RCW 57.08.081 and 1996 c 230 s 314 are each amended to read as follows:
The commissioners of any district shall provide for revenues by fixing rates and charges for furnishing sewer and drainage service to those to whom service is available or for providing water, such rates and charges to be fixed as deemed necessary by the commissioners, so that uniform charges will be made for the same class of customer or service. Rates and charges may be combined for the furnishing of more than one type of sewer service or drainage service, such as but not limited to storm or surface water and sanitary sewer service.
In classifying customers of such water, sewer, or drainage system, the board of commissioners may in its discretion consider any or all of the following factors: The difference in cost of service to various customers; the location of the various customers within and without the district; the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; the different character of the service furnished various customers; the quantity and quality of the service furnished; the time of its use; the achievement of water conservation goals and the discouragement of wasteful practices; capital contributions made to the system including but not limited to assessments; and any other matters which present a reasonable difference as a ground for distinction. Rates shall be established as deemed proper by the commissioners and as fixed by resolution and shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for efficient and proper operation of the system.
The commissioners shall enforce collection of connection charges, and rates and charges for water supplied against property owners connecting with the system or receiving such water, and for sewer and drainage services charged against property to which and its owners to whom the service is available, such charges being deemed charges against the property served, by addition of penalties of not more than ten percent thereof in case of failure to pay the charges at times fixed by resolution. The commissioners may provide by resolution that where either connection charges or rates and charges for services supplied are delinquent for any specified period of time, the district shall certify the delinquencies to the treasurer of the county in which the real property is located, and the charges and any penalties added thereto and interest thereon at the rate of not more than the prime lending rate of the district's bank plus four percentage points per year shall be a lien against the property upon which the service was received, subject only to the lien for general taxes.
The
district may, at any time after the connection charges or rates and charges for
services supplied or available and penalties are delinquent for a period of ((sixty))
thirty days, bring suit in foreclosure by civil action in the superior
court of the county in which the real property is located. The court may
allow, in addition to the costs and disbursements provided by statute,
attorneys' fees, title search and report costs, and expenses as it adjudges
reasonable. The action shall be in rem, and may be brought in the name of the
district against an individual or against all of those who are delinquent in
one action. The laws and rules of the court shall control as in other civil
actions.
In addition to the right to foreclose provided in this section, the district may also cut off all or part of the service after charges for water or sewer service supplied or available are delinquent for a period of sixty days.
Sec. 12. RCW 57.08.085 and 1996 c 230 s 315 are each amended to read as follows:
Except
as otherwise provided in RCW 90.03.525, any public entity and public property,
including state of Washington property, shall be subject to rates and charges
for ((storm water control)) drainage facilities to the same
extent as private persons and private property are subject to such rates and
charges that are imposed by districts pursuant to RCW 57.08.005 or 57.08.081.
In setting those rates and charges, consideration may be given to in-kind
services, such as stream improvements or donation of property.
Sec. 13. RCW 57.08.110 and 1996 c 230 s 318 are each amended to read as follows:
To
improve the organization and operation of districts, the commissioners of two
or more such districts may form an association thereof, for the purpose of
securing and disseminating information of value to the members of the
association and for the purpose of promoting the more economical and efficient
operation of the comprehensive plans of water supply ((and)),
sewage treatment and disposal, and drainage collection, treatment, and
disposal in their respective districts. The commissioners of districts so
associated shall adopt articles of association, select such officers as they
may determine, and employ and discharge such agents and employees as shall be
deemed convenient to carry out the purposes of the association. District
commissioners and employees are authorized to attend meetings of the
association. The expenses of an association may be paid from the maintenance
or general funds of the associated districts in such manner as shall be
provided in the articles of association. However, the aggregate contributions
made to an association by a district in any calendar year shall not exceed the
amount that would be raised by a levy of two and one-half cents per thousand
dollars of assessed value against the taxable property of the district. The
financial records of such an association shall be subject to audit by the state
auditor.
Sec. 14. RCW 57.08.180 and 1996 c 230 s 322 are each amended to read as follows:
It is unlawful and a misdemeanor to make, or cause to be made, or to maintain any connection with any sewer, drainage, or water system of any district, or with any sewer, drainage, or water system which is connected directly or indirectly with any sewer, drainage, or water system of any district without having permission from the district.
Sec. 15. RCW 57.16.060 and 1996 c 230 s 602 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 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 within the limits of the improvement district to be created.
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.
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 within the limits of the improvement district to be created. 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.
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 ((auditor)) 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) 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) 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) provide the name and address of the secretary of the
board; and (4) 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.
Sec. 16. RCW 57.16.110 and 1996 c 230 s 610 are each amended to read as follows:
Whenever
any land against which there has been levied any special assessment by any
district shall have been sold in part or ((subdivided)) divided,
the board of commissioners of the district shall have the power to order a
segregation of the assessment.
Any person desiring to have a special assessment against a tract of land segregated to apply to smaller parts thereof shall apply to the board of commissioners of the district that levied the assessment. If the commissioners determine that a segregation should be made, they shall by resolution order the treasurer of the county in which the real property is located to make segregation on the original assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract and the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part. A certified copy of the resolution shall be delivered to the treasurer of the county in which the real property is located who shall proceed to make the segregation ordered upon being tendered a fee of three dollars for each tract of land for which a segregation is to be made. In addition to the charge the board of commissioners may require as a condition to the order of segregation that the person seeking it pay the district the reasonable engineering and clerical costs incident to making the segregation.
Sec. 17. RCW 57.20.120 and 1996 c 230 s 714 are each amended to read as follows:
A
district may contract indebtedness in excess of the amount named in RCW
57.20.110, but not exceeding in amount, together with existing indebtedness,
two and one-half percent of the value of the taxable property in that district,
as the term "value of the taxable property" is defined in RCW
39.36.015, and impose excess property tax levies to retire the indebtedness
whenever ((three‑fifths of the voters voting at the election in such
district assent thereto, at which election the total number of persons voting
on the proposition shall constitute not less than forty percent of the total
number of votes cast in the district at the last preceding general election))
a ballot proposition authorizing the indebtedness and excess levies is
approved as provided under Article VII, section 2, and Article VIII, section 6,
of the state Constitution, at an election to be held in the district in the
manner provided by this title and RCW 39.36.050.
Sec. 18. RCW 57.20.140 and 1996 c 230 s 717 are each amended to read as follows:
The
treasurer ((designated under RCW 57.20.135)) shall create and maintain a
separate fund designated as the maintenance fund or general fund of the
district into which shall be paid all money received by the treasurer from the
collection of taxes other than taxes levied for the payment of general
obligation bonds of the district and all revenues of the district other than
assessments levied in local improvement districts or utility local improvement
districts, and no money shall be disbursed therefrom except upon warrants of
the county auditor issued by authority of the commissioners or upon a
resolution of the commissioners ordering a transfer to any other fund of the
district. The treasurer also shall maintain such other special funds as may be
prescribed by the district, into which shall be placed such money as the board
of commissioners may by its resolution direct, and from which disbursements
shall be made upon proper warrants of the county auditor issued against the
same by authority of the board of commissioners.
Sec. 19. RCW 57.24.040 and 1996 c 230 s 904 are each amended to read as follows:
(1) The annexation election shall be held on the date designated in the notice and shall be conducted in accordance with the general election laws of the state. If the original petition for annexation is signed by qualified voters, then only qualified voters at the date of election residing in the territory proposed to be annexed, shall be permitted to vote at the election.
(2) If the original petition for annexation is signed by property owners as provided for in this chapter, then no person shall be entitled to vote at that election unless at the time of the filing of the original petition he or she owned land in the district of record and in addition thereto at the date of election shall be a qualified voter of the county in which such district is located. It shall be the duty of the county auditor, upon request of the county legislative authority, to certify the names of all persons owning land in the district at the date of the filing of the original petition as shown by the records of the auditor's office; and at any such election the county auditor may require any such property owner offering to vote to take an oath that the property owner is a qualified voter of the county before the property owner shall be allowed to vote. However, at any election held under the provisions of this chapter an officer or agent of any corporation having its principal place of business in the county and owning land at the date of filing the original petition in the district duly authorized in writing may cast a vote on behalf of such corporation. When so voting the person shall file with the county auditor such a written instrument of that person's authority.
(3) If the majority of the votes cast upon the question of such election shall be for annexation, then the territory concerned shall immediately be and become annexed to such district and the same shall then forthwith be a part of the district, the same as though originally included in that district.
Sec. 20. RCW 57.24.050 and 1996 c 230 s 905 are each amended to read as follows:
All
elections held pursuant to this chapter, whether general or special, shall be
conducted by the county ((election board)) auditor of the county
in which the district is located. The expense of all such elections shall be
paid for out of the funds of such district.
Sec. 21. RCW 57.28.050 and 1996 c 230 s 1007 are each amended to read as follows:
The
petition for withdrawal shall be heard at the time and place specified in such
notice or the hearing may be adjourned from time to time, not exceeding one
month in all, and any person may appear at such hearing and make objections to
the withdrawal of such territory or to the proposed boundary lines thereof.
Upon final hearing on the petition for withdrawal, the board of commissioners
of the district shall make such changes in the proposed boundary lines as it
deems to be proper, except that no changes in the boundary lines shall be made
by the board of commissioners to include lands not within the boundaries of the
territory as described in such petition. In establishing and defining such
boundaries the board of commissioners shall exclude any property which is then
being furnished with water ((or)), sewer, or drainage
service by the district or which is included in any distribution or collection
system the construction of which is included within any duly established local
improvement district or utility local improvement district, and the territory
as finally established and defined must be substantial in area and consist of
adjoining or contiguous properties. The board of commissioners shall thereupon
make and by resolution adopt findings of fact as to the following questions:
(1) Would the withdrawal of such territory be of benefit to such territory?
(2) Would such withdrawal be conducive to the general welfare of the balance of the district?
Such findings shall be entered in the records of the district, together with any recommendations the board of commissioners may by resolution adopt.
Sec. 22. RCW 57.32.023 and 1996 c 230 s 1106 are each amended to read as follows:
If
at the election a majority of the voters in each of the consolidating districts
vote in favor of the consolidation, the ((county canvassing board shall so
declare in its canvass and the return of such election shall be made within ten
days after the date thereof. Upon the return)) consolidation shall be
authorized. The consolidation shall be effective and the consolidating
districts shall cease to exist and shall then be and become a new district and
municipal corporation of the state of Washington, upon the certification of
the election results. The name of the new district shall be
". . . . . Water-Sewer District,"
". . . . . Water District,"
". . . . . Sewer District," or
". . . . . District No.
. . . . .," which shall be the name appearing on the
ballot. The district shall have all and every power, right, and privilege
possessed by other water-sewer, sewer, or water districts of the state of
Washington. The district may issue revenue bonds to pay for the construction
of any additions and betterments set forth in the comprehensive plan of water
supply, sewer, and drainage services contained in the agreement for
consolidation and any future additions and betterments to the comprehensive
plan of water supply, sewer, and drainage services, as its board of district commissioners
shall by resolution adopt, without submitting a proposition therefor to the
voters of the district.
Sec. 23. RCW 57.36.040 and 1996 c 230 s 1205 are each amended to read as follows:
If
at such election a majority of the voters of the merging district or districts
shall vote in favor of the merger, the ((county canvassing board shall so
declare in its canvass and the return of such election shall be made within ten
days after the date thereof, and upon such return)) merger shall be
authorized. The merger shall be effective and the merging district or
districts shall cease to exist and shall become a part of the merger district,
upon the certification of the election results. The commissioners of the
merging district or districts shall hold office as commissioners of the new
merged district until their respective terms of office expire or until they
resign from office if the resignation is before the expiration of their terms
of office. The election of commissioners in the merger district after the
merger shall occur as provided in RCW 57.32.130 in a consolidated district
after the consolidation.
Sec. 24. RCW 57.90.010 and 1996 c 230 s 1502 are each amended to read as follows:
Water-sewer,
((sewer, water,)) park and recreation, metropolitan park, county rural
library, cemetery, flood control, mosquito control, diking and drainage,
irrigation or reclamation, weed, health, or fire protection districts, and any
air pollution control authority, hereinafter referred to as "special
districts," which are located wholly or in part within a county with a
population of two hundred ten thousand or more may be disincorporated when the
district has not actively carried out any of the special purposes or functions
for which it was formed within the preceding consecutive five-year period.
Sec. 25. RCW 27.12.470 and 1994 c 198 s 2 are each amended to read as follows:
A rural partial-county library district may be created in a portion of the unincorporated area of a county as provided in this section if a rural county library district, intercounty rural library district, or island library district has not been created in the county.
The procedure to create a rural partial-county library district is initiated by the filing of petitions with the county auditor proposing the creation of the district that have been signed by at least ten percent of the registered voters residing in the area proposed to be included in the rural partial-county library district. The county auditor shall review the petitions and certify the sufficiency or insufficiency of the signatures to the county legislative authority.
If the petitions are certified as having sufficient valid signatures, the county legislative authority shall hold a public hearing on the proposed rural partial-county library district, may adjust the boundaries of the proposed district, and may cause a ballot proposition to be submitted to the voters of the proposed rural partial-county library district authorizing its creation if the county legislative authority finds that the creation of the rural partial-county library district is in the public interest. A subsequent public hearing shall be held if additional territory is added to the proposed rural partial-county library district by action of the county legislative authority.
The rural partial-county library district shall be created if the ballot proposition authorizing the creation of the district is approved by a simple majority vote of the voters voting on the proposition. Immediately after creation of the rural partial-county library district the county legislative authority shall appoint a board of library trustees for the district as provided under RCW 27.12.190.
Except as provided in this section, a rural partial-county library district is subject to all the provisions of law applicable to a rural county library district and shall have all the powers, duties, and authorities of a rural county library district, including, but not limited to, the authority to impose property taxes, incur debt, and annex a city or town with a population of less than one hundred thousand at the time of the annexation that is located in the same county as the rural partial-county library district.
Adjacent unincorporated territory in the county may be annexed to a rural partial-county library district in the same manner as territory is annexed to a water-sewer district, except that an annexation is not subject to potential review by a boundary review board.
If, at the time of creation, a rural partial-county library district has an assessed valuation of less than fifty million dollars, it may provide library services only by contracting for the services through an interlocal agreement with an adjacent library district, or an adjacent city or town that maintains its own library. If the assessed valuation of the rural partial-county library district subsequently reaches fifty million dollars as a result of annexation or appreciation, the fifty million dollar limitation shall not apply.
If a ballot proposition is approved creating a rural county library district in the county, every rural partial-county library district in that county shall be dissolved and its assets and liabilities transferred to the rural county library district. Where a rural partial-county library district has annexed a city or town, the voters of the city or town shall be allowed to vote on the proposed creation of a rural county library district and, if created, the rural county library district shall include each city and town that was annexed to the rural partial-county library district.
Nothing in this section authorizes the consolidation of a rural partial-county library district with any rural county library district; island library district; city, county, or regional library; intercounty library district; or other rural partial-county library district, unless, in addition to any other requirements imposed by statute, the boards of all library districts involved approve the consolidation.
Sec. 26. RCW 32.20.070 and 1955 c 13 s 32.20.070 are each amended to read as follows:
A mutual savings bank may invest its funds in the valid warrants or bonds of any county, city, town, school district, port district, water-sewer district, or other municipal corporation in the state of Washington issued pursuant to law and for the payment of which the faith and credit of such county, municipality, or district is pledged and taxes are leviable upon all taxable property within its limits.
A mutual savings bank may invest its funds in the water revenue, sewer revenue, or electric revenue bonds of any city or public utility district of this state for the payment of which the entire revenue of the city's or district's water system, sewer system, or electric system, less maintenance and operating costs, is irrevocably pledged.
Sec. 27. RCW 32.20.110 and 1955 c 13 s 32.20.110 are each amended to read as follows:
A
mutual savings bank may invest its funds in the bonds of any port district, ((water
district,)) sanitary district, water-sewer district, tunnel
district, bridge district, flood control district, park district, or highway
district in the United States which has a population as shown by the last
decennial federal census of not less than one hundred fifty thousand
inhabitants, and has taxable real property with an assessed valuation in excess
of two hundred million dollars and has power to levy taxes on the taxable real
property therein for the payment of the bonds without limitation of rate or
amount.
Sec. 28. RCW 35.13A.010 and 1971 ex.s. c 95 s 1 are each amended to read as follows:
Whenever used in this chapter, the following words shall have the following meanings:
(1)
The word "district" shall mean a water-sewer district ((or
sewer district as indicated by the context of the section in which used)).
(2) The word "city" shall mean a city or town of any class and shall also include any code city as defined in chapter 35A.01 RCW.
(3) The words "included with" shall mean the inclusion of all or part of the territory of a district, as indicated by the context, within the corporate limits of a city either by incorporation of a city, annexation to a city, consolidation of cities or any combination thereof.
(4) The word "indebtedness" shall include general obligation, revenue, and special indebtedness and temporary, emergency, and interim loans.
Sec. 29. RCW 35.13A.020 and 1971 ex.s. c 95 s 2 are each amended to read as follows:
Whenever
all of the territory of a ((water district or sewer)) district is
included within the corporate boundaries of a city, and the city legislative
body has elected by resolution or ordinance to assume jurisdiction thereof, all
real and personal property, franchises, rights, assets, taxes levied but not
collected for the district for other than indebtedness, water and sewer lines,
and all other facilities and equipment of the district shall become the
property of such city subject to all financial, statutory, or contractual
obligations of the district for the security or performance of which such
property may have been pledged. Such city, in addition to its other powers,
shall have the power to manage, control, maintain and operate such property,
facilities and equipment and to fix and collect service and other charges from
owners and occupants of properties so served by the city, subject, however, to
any outstanding indebtedness, bonded or otherwise, of the district payable from
taxes, assessments or revenues of any kind or nature and to any other
contractual obligations of the district.
Such city may by resolution of its legislative body, assume the obligation of paying such district indebtedness and of levying and of collecting or causing to be collected such district taxes, assessments and utility rates and charges of any kind or nature to pay and secure the payment of such indebtedness, according to all of the terms, conditions and covenants incident to such indebtedness, and shall assume and perform all other outstanding contractual obligation of the district in accordance with all of its terms, conditions and covenants. No such assumption shall be deemed to impair the obligation of any indebtedness or other contractual obligation entered into after August 9, 1971. During the period until the outstanding indebtedness of the district has been discharged, the territory of the district and the owners and occupants of property therein, shall continue to be liable for its and their proportionate share of such indebtedness, including any outstanding assessments levied within any local improvement district or utility local improvement district thereof. The city shall assume the obligation of causing the payment of such indebtedness, collecting such taxes, assessments and charges and observing and performing the other district contractual obligations. The legislative body of the city shall act as the officers of the district for the purpose of certifying the amount of any property tax to be levied and collected therein, and causing service and other charges and assessments to be collected from such property or owners or occupants thereof, enforcing such collection and performing all other acts necessary to insure performance of the district's contractual obligations in the same manner and by the same means as if the territory of the district had not been included within the boundaries of a city.
When a city assumes the obligation of paying the outstanding indebtedness, and if property taxes or assessments have been levied and service and other charges have accrued for such purpose but have not been collected by the district prior to such election, the same when collected shall belong and be paid to the city and be used by such city so far as necessary for payment of the indebtedness of the district existing and unpaid on the date such city elects to assume the indebtedness. Any funds received by the city which have been collected for the purpose of paying any bonded or other indebtedness of the district, shall be used for the purpose for which they were collected and for no other purpose. Any outstanding indebtedness shall be paid as provided in the bond covenants. All funds of the district on deposit with the county treasurer at the time of title transfer shall be used by the city solely for the benefit of the utility and shall not be transferred to or used for the benefit of the city's general fund.
Sec. 30. RCW 35.13A.030 and 1971 ex.s. c 95 s 3 are each amended to read as follows:
Whenever
a portion of a ((water district or sewer)) district equal to at least
sixty percent of the area or sixty percent of the assessed valuation of the
real property lying within such district, is included within the corporate
boundaries of a city, the city may either:
(1)
Assume by ordinance the full and complete management and control of that
portion of the entire district that is contiguous to the city and not
included within another city, ((whereupon)) if the district voters of
such an area approve a ballot proposition authorizing the assumption requested
by the city, submitted to these voters by the board of commissioners of the
district. The provisions of RCW 35.13A.020 shall be operative if the
city proceeds under this subsection, and any rates that are charged for service
outside of the city shall be reasonable to all parties; or
(2) The city may proceed directly under the provisions of RCW 35.13A.050.
The city or district may petition to dissolve the district under the provisions of RCW 35.13A.080.
Sec. 31. RCW 35.13A.040 and 1971 ex.s. c 95 s 4 are each amended to read as follows:
Whenever
the portion of a ((water or sewer)) district included within the
corporate boundaries of a city is less than sixty percent of the area of the
district and less than sixty percent of the assessed valuation of the real
property within the district, the city may elect to proceed under the
provisions of RCW 35.13A.050.
Sec. 32. RCW 35.13A.050 and 1971 ex.s. c 95 s 5 are each amended to read as follows:
When
electing under RCW 35.13A.030 or 35.13A.040 to proceed under this section, the
city may assume, by ordinance, jurisdiction of the district's responsibilities,
property, facilities and equipment within the corporate limits of the city((:
PROVIDED, That)).
If on the effective date of such an ordinance the territory of the district included within the city contains any facilities serving or designed to serve any portion of the district outside the corporate limits of the city or if the territory lying within the district and outside the city contains any facilities serving or designed to serve territory included within the city (which facilities are hereafter in this section called the "serving facilities"), the city or district shall for the economically useful life of any such serving facilities make available sufficient capacity therein to serve the sewage, drainage, or water requirements of such territory, to the extent that such facilities were designed to serve such territory at a rate charged to the municipality being served which is reasonable to all parties.
In
the event a city proceeds under this section, the ((district may elect upon
a favorable vote of a majority of all voters within the district voting upon
such propositions to require the)) city shall be required to assume
responsibility for ((the operation and maintenance of)) operating and
maintaining the district's property, facilities, and equipment
throughout that portion of the entire district that is contiguous to
the city but not included in any other city, and ((to)) the
district shall pay the city a charge for such operation and maintenance
which is reasonable under all of the circumstances, if the voters of the
district who reside in such an area approve a ballot proposition providing for
this transfer of responsibility, submitted to the voters by the board of
commissioners of the district.
A city acquiring property, facilities and equipment under the provisions of this section shall acquire such property, facilities and equipment, and fix and collect service and other charges from owners and occupants of properties served by the city, subject, to any contractual obligations of the district which relate to the property, facilities, or equipment so acquired by the city or which are secured by taxes, assessments or revenues from the territory of the district included within the city. In such cases, the property included within the city and the owners and occupants thereof shall continue to be liable for payment of its and their proportionate share of any outstanding district indebtedness. The district and its officers shall continue to levy taxes and assessments on and to collect service and other charges from such property, or owners or occupants thereof, to enforce such collections, and to perform all other acts necessary to insure performance of the district's contractual obligations in the same manner and by the same means as if the territory of the district had not been included within the boundaries of a city.
The city or district may petition to dissolve the district under the provisions of RCW 35.13A.080.
Sec. 33. RCW 35.13A.060 and 1971 ex.s. c 95 s 6 are each amended to read as follows:
Whenever
more than one city, in whole or in part, is included within a ((water
district or sewer)) district, the city which has within its boundaries
sixty percent or more of the area of the assessed valuation of the district (in
this section referred to as the "principal city") may, with the
approval of any other city containing part of such district, assume
responsibility for operation and maintenance of the district's property,
facilities and equipment within such other city and make and enforce such charges
for operation, maintenance and retirement of indebtedness as may be reasonable
under all the circumstances.
Any other city having less than sixty percent in area or assessed valuation of such district, within its boundaries may install facilities and create local improvement districts or otherwise finance the cost of installation of such facilities and if such facilities have been installed in accordance with reasonable standards fixed by the principal city, such other city may connect such facilities to the utility system of such district operated by the principal city upon providing for payment by the owners or occupants of properties served thereby, of such charges established by the principal city as may be reasonable under the circumstances.
Sec. 34. RCW 35.13A.090 and 1971 ex.s. c 95 s 9 are each amended to read as follows:
Whenever
a city acquires all of the facilities of a ((water district or sewer))
district, pursuant to this chapter, such a city shall offer to employ every
full time employee of the district who is engaged in the operation of such a
district's facilities on the date on which such city acquires the district
facilities. When a city acquires any portion of the facilities of such a
district, such a city shall offer to employ full time employees of the district
as of the date of the acquisition of the facilities of the district who are not
longer needed by the district.
Whenever a city employs a person who was employed immediately prior thereto by the district, arrangements shall be made:
(1)
((For the retention of service credits under the pension plan of the
district pursuant to RCW 41.04.070 through 41.04.110.
(2))) For
the retention of all sick leave standing to the employee's credit in the plan of
such district.
(((3)))
(2) For a vacation with pay during the first year of employment
equivalent to that to which he would have been entitled if he had remained in
the employment of the district.
NEW SECTION. Sec. 35. A new section is added to chapter 35.51 RCW to read as follows:
Assessments for local improvements in a local improvement district created by a municipality may be pledged and applied when collected to the payment of its obligations under a loan agreement entered into pursuant to chapter 39.69 RCW to pay costs of improvements in such a local improvement district.
NEW SECTION. Sec. 36. A new section is added to chapter 35.51 RCW to read as follows:
The authority granted by section 35 of this act is supplemental and in addition to the authority granted by Title 35 RCW and to any other authority granted to cities, towns, or municipal corporations to levy, pledge, and apply special assessments.
Sec. 37. RCW 35.58.210 and 1974 ex.s. c 70 s 7 are each amended to read as follows:
If
a metropolitan municipal corporation shall be authorized to perform the
function of metropolitan water pollution abatement, the metropolitan council
shall, prior to the effective date of the assumption of such function, cause a
metropolitan water pollution abatement advisory committee to be formed by
notifying the legislative body of each component city and county which operates
a sewer system to appoint one person to serve on such advisory committee and
the board of commissioners of each water-sewer district ((and water
district)) which operates a sewer system, any portion of which lies within
the metropolitan area, to appoint one person to serve on such committee who
shall be a commissioner of such a water-sewer ((or water))
district. The metropolitan water pollution abatement advisory committee shall
meet at the time and place provided in the notice and elect a chairman. The
members of such committee shall serve at the pleasure of the appointing bodies
and shall receive no compensation other than reimbursement for expenses actually
incurred in the performance of their duties. The function of such advisory
committee shall be to advise the metropolitan council in matters relating to
the performance of the water pollution (([abatement])) abatement
function.
Sec. 38. RCW 35.58.220 and 1965 c 7 s 35.58.220 are each amended to read as follows:
If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan water supply, it shall have the following powers in addition to the general powers granted by this chapter:
(1) To prepare a comprehensive plan for the development of sources of water supply, trunk supply mains and water treatment and storage facilities for the metropolitan area.
(2) To acquire by purchase, condemnation, gift or grant and to lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of metropolitan facilities for water supply within or without the metropolitan area, including buildings, structures, water sheds, wells, springs, dams, settling basins, intakes, treatment plants, trunk supply mains and pumping stations, together with all lands, property, equipment and accessories necessary to enable the metropolitan municipal corporation to obtain and develop sources of water supply, treat and store water and deliver water through trunk supply mains. Water supply facilities which are owned by a city or special district may be acquired or used by the metropolitan municipal corporation only with the consent of the legislative body of the city or special district owning such facilities. Cities and special districts are hereby authorized to convey or lease such facilities to metropolitan municipal corporations or to contract for their joint use on such terms as may be fixed by agreement between the legislative body of such city or special district and the metropolitan council, without submitting the matter to the voters of such city or special district.
(3) To fix rates and charges for water supplied by the metropolitan municipal corporation.
(4) To acquire by purchase, condemnation, gift or grant and to lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of facilities for the local distribution of water in portions of the metropolitan area not contained within any city, or water-sewer district that operates a water system, and, with the consent of the legislative body of any city or the water-sewer district, to exercise such powers within such city or water-sewer district and for such purpose to have all the powers conferred by law upon such city or water-sewer district with respect to such local distribution facilities. All costs of such local distribution facilities shall be paid for by the area served thereby.
Sec. 39. RCW 35.58.230 and 1993 c 240 s 5 are each amended to read as follows:
If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan water supply, the metropolitan council shall, prior to the effective date of the assumption of such function, cause a metropolitan water advisory committee to be formed by notifying the legislative body of each component city which operates a water system to appoint one person to serve on such advisory committee and the board of commissioners of each water-sewer district that operates a water system, any portion of which lies within the metropolitan area, to appoint one person to serve on such committee who shall be a water-sewer district commissioner. The metropolitan water advisory committee shall meet at the time and place provided in the notice and elect a chairman. The members of such committee shall serve at the pleasure of the appointing bodies and shall receive no compensation other than reimbursement for expenses actually incurred in the performance of their duties. The function of such advisory committee shall be to advise the metropolitan council with respect to matters relating to the performance of the water supply function.
The requirement to create a metropolitan water advisory committee shall not apply to a county that has assumed the rights, powers, functions, and obligations of the metropolitan municipal corporation under chapter 36.56 RCW.
Sec. 40. RCW 35.58.410 and 1993 c 240 s 11 are each amended to read as follows:
(1) On or before the third Monday in June of each year, each metropolitan municipal corporation shall adopt a budget for the following calendar year. Such budget shall include a separate section for each authorized metropolitan function. Expenditures shall be segregated as to operation and maintenance expenses and capital and betterment outlays. Administrative and other expense general to the corporation shall be allocated between the authorized metropolitan functions. The budget shall contain an estimate of all revenues to be collected during the following budget year, including any surplus funds remaining unexpended from the preceding year. The metropolitan council shall not be required to confine capital or betterment expenditures made from bond proceeds or emergency expenditures to items provided in the budget. The affirmative vote of three-fourths of all members of the metropolitan council shall be required to authorize emergency expenditures.
(2) Subsection (1) of this section shall not apply to a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW. This subsection (2) shall apply only to each county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW.
Each county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW shall, on or before the third Monday in June of each year, prepare an estimate of all revenues to be collected during the following calendar year, including any surplus funds remaining unexpended from the preceding year for each authorized metropolitan function.
By June 30 of each year, the county shall adopt the rate for sewage disposal that will be charged to component cities and water-sewer districts during the following budget year.
As long as any general obligation indebtedness remains outstanding that was issued by the metropolitan municipal corporation prior to the assumption by the county, the county shall continue to impose the taxes authorized by RCW 82.14.045 and 35.58.273(5) at the maximum rates and on all of the taxable events authorized by law. If, despite the continued imposition of those taxes, the estimate of revenues made on or before the third Monday in June shows that estimated revenues will be insufficient to make all debt service payments falling due in the following calendar year on all general obligation indebtedness issued by the metropolitan municipal corporation prior to the assumption by the county of the rights, powers, functions, and obligations of the metropolitan municipal corporation, the remaining amount required to make the debt service payments shall be designated as "supplemental income" and shall be obtained from component cities and component counties as provided under RCW 35.58.420.
The county shall prepare and adopt a budget each year in accordance with applicable general law or county charter. If supplemental income has been designated under this subsection, the supplemental income shall be reflected in the budget that is adopted. If during the budget year the actual tax revenues from the taxes imposed under the authority of RCW 82.14.045 and 35.58.273(5) exceed the estimates upon which the supplemental income was based, the difference shall be refunded to the component cities and component counties in proportion to their payments promptly after the end of the budget year. A county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW shall not be required to confine capital or betterment expenditures for authorized metropolitan functions from bond proceeds or emergency expenditures to items provided in the budget.
Sec. 41. RCW 35.67.300 and 1965 c 7 s 35.67.300 are each amended to read as follows:
Any city, town, or organized and established water-sewer district owning or operating its own sewer system, whenever topographic conditions shall make it feasible and whenever such existing sewer system shall be adequate therefor in view of the sewerage and drainage requirements of the property in such city, town, or water-sewer district, served or to be served by such system, may contract with any other city, town, or organized and established water-sewer district for the discharge into its sewer system of sewage from all or any part or parts of such other city, town, or water-sewer district upon such terms and conditions and for such periods of time as may be deemed reasonable.
Any city, town, or organized and established water-sewer district may contract with any other city, town, or organized and established water-sewer district for the construction and/or operation of any sewer or sewage disposal facilities for the joint use and benefit of the contracting parties upon such terms and conditions and for such period of time as the governing bodies of the contracting parties may determine. Any such contract may provide that the responsibility for the management of the construction and/or maintenance and operation of any sewer disposal facilities or part thereof covered by such contract shall be vested solely in one of the contracting parties, with the other party or parties thereto paying to the managing party such portion of the expenses thereof as shall be agreed upon.
Sec. 42. RCW 35.91.020 and 1981 c 313 s 11 are each amended to read as follows:
The governing body of any city, town, county, water-sewer
district, ((water district,)) or drainage district, hereinafter referred
to as a "municipality" may contract with owners of real estate for
the construction of storm, sanitary, or combination sewers, pumping stations,
and disposal plants, water mains, hydrants, reservoirs, or appurtenances,
hereinafter called "water or sewer facilities," within their
boundaries or (except for counties) within ten miles from their corporate
limits connecting with the public water or sewerage system to serve the area in
which the real estate of such owners is located, and to provide for a period of
not to exceed fifteen years for the reimbursement of such owners and their
assigns by any owner of real estate who did not contribute to the original cost
of such water or sewer facilities and who subsequently tap onto or use the same
of a fair pro rata share of the cost of the construction of said water or sewer
facilities, including not only those directly connected thereto, but also users
connected to laterals or branches connecting thereto, subject to such
reasonable rules and regulations as the governing body of such municipality may
provide or contract, and notwithstanding the provisions of any other law. To
the extent it may require in the performance of such contract, such
municipality may install said water or sewer facilities in and along the county
streets in the area to be served as hereinabove provided, subject to such
reasonable requirements as to the manner of occupancy of such streets as the
county may by resolution provide. The provisions of such contract shall not be
effective as to any owner of real estate not a party thereto unless such contract
has been recorded in the office of the county auditor of the county in which
the real estate of such owner is located prior to the time such owner taps into
or connects to said water or sewer facilities. ((The power of the governing
body of such municipality to so contract also applies to water or sewer
facilities in process of construction on June 10, 1959, or which have not been
finally approved or accepted for full maintenance and operation by such
municipality upon June 10, 1959.))
Sec. 43. RCW 35.92.012 and 1965 c 7 s 35.92.012 are each amended to read as follows:
A city
or town, whose boundaries are identical with those of a water-sewer
district, or within which a water-sewer district is entirely located, which
is free from all debts and liabilities except contractual obligations between
the district and the town, may accept the property and assets of the ((water))
district and operate such property and assets as a municipal waterworks, if the
district and the city or town each participate in a summary dissolution
proceedings for the district as provided in RCW 57.04.110.
Sec. 44. RCW 35.92.170 and 1965 c 7 s 35.92.170 are each amended to read as follows:
When a city or town owns or operates a municipal waterworks system and desires to extend such utility beyond its corporate limits it may acquire, construct and maintain any addition to or extension of the system, and dispose of and distribute water to any other municipality, water-sewer district, community, or person desiring to purchase it.
Sec. 45. RCW 35.97.010 and 1987 c 522 s 4 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Biomass energy system" means a system that provides for the production or collection of organic materials such as wood and agricultural residues and municipal solid waste that are primarily organic materials and the conversion or use of that material for the production of heat or substitute fuels through several processes including, but not limited to, burning, pyrolysis, or anaerobic digestion.
(2) "Cogeneration" means the sequential generation of two or more forms of energy from a common fuel or energy source.
(3) "Cogeneration facility" means any machinery, equipment, structure, process, or property or any part thereof, installed or acquired for the primary purpose of cogeneration by a person or corporation.
(4) "Geothermal heat" means the natural thermal energy of the earth.
(5) "Waste heat" means the thermal energy which otherwise would be released to the environment from an industrial process, electric generation, or other process.
(6) "Heat" means thermal energy.
(7) "Heat source" includes but is not limited to (a) any integral part of a heat production or heat rejection system of an industrial facility, cogeneration facility, or electric power generation facility, (b) geothermal well or spring, (c) biomass energy system, (d) solar collection facility, and (e) hydrothermal resource or heat extraction process.
(8)
"Municipality" means a county, city, town, irrigation district which
distributes electricity, water-sewer district, ((water district,))
port district, or metropolitan municipal corporation.
(9) "Heating facilities or heating systems" means all real and personal property, or interests therein, necessary or useful for: (a) The acquisition, production, or extraction of heat; (b) the storage of heat; (c) the distribution of heat from its source to the place of utilization; (d) the extraction of heat at the place of utilization from the medium by which the heat is distributed; (e) the distribution of heat at the place of utilization; and (f) the conservation of heat.
(10) "Hydrothermal resource" means the thermal energy available in wastewater, sewage effluent, wells, or other water sources, natural or manmade.
Sec. 46. RCW 35.97.050 and 1996 c 230 s 1603 are each amended to read as follows:
If
the legislative authority of a municipality deems it advisable that the
municipality purchase, acquire, or construct a heating system, or make any
additions or extensions to a heating system, the legislative authority shall so
provide by an ordinance or a resolution specifying and adopting the system or
plan proposed, declaring the estimated cost thereof, as near as may be, and
specifying the method of financing and source of funds. Any construction,
alteration, or improvement of a heating system by any ((county, city, town,
irrigation district, water-sewer district, or port district)) municipality
shall be in compliance with the appropriate competitive bidding requirements in
Titles 35, 36, 53, 57, or 87 RCW.
Sec. 47. RCW 36.16.138 and 1975 c 16 s 1 are each amended to read as follows:
Any
board of commissioners, council, or board of directors or other governing board
of any county, city, town, school district, port district, public utility district,
water-sewer district, ((water district,)) irrigation district, or
other municipal corporation or political subdivision is authorized to purchase
insurance to protect and hold personally harmless any of its commissioners,
council members, directors, or other governing board members, and any of its
other officers, employees, and agents from any action, claim, or proceeding
instituted against the foregoing individuals arising out of the performance,
purported performance, or failure of performance, in good faith of duties for,
or employment with, such institutions and to hold these individuals harmless
from any expenses connected with the defense, settlement, or monetary judgments
from such actions, claims, or proceedings. The purchase of such insurance for
any of the foregoing individuals and the policy limits shall be discretionary
with the municipal corporation or political subdivision, and such insurance
shall not be considered to be compensation for these individuals.
The provisions of this section are cumulative and in addition to any other provision of law authorizing any municipal corporation or political subdivision to purchase liability insurance.
Sec. 48. RCW 36.93.020 and 1979 ex.s. c 30 s 5 are each amended to read as follows:
As used herein:
(1) "Governmental unit" means any incorporated city or town, metropolitan municipal corporation, or any special purpose district as defined in this section.
(2)
"Special purpose district" means any water-sewer district, ((water
district,)) fire protection district, drainage improvement district,
drainage and diking improvement district, flood control zone district,
irrigation district, metropolitan park district, drainage district, or public
utility district engaged in water distribution.
(3) "Board" means a boundary review board created by or pursuant to this chapter.
Sec. 49. RCW 36.93.093 and 1971 ex.s. c 127 s 2 are each amended to read as follows:
Whenever
a ((sewer or)) water-sewer district files with the board a notice
of intention as required by RCW 36.93.090, the board shall send a copy of such
notice of intention to the legislative authority of the county wherein such
action is proposed to be taken and one copy to the state department of ecology.
Sec. 50. RCW 36.93.105 and 1989 c 84 s 4 are each amended to read as follows:
The following actions shall not be subject to potential review by a boundary review board:
(1)
Annexations of territory to a water ((or))- sewer district
pursuant to RCW 36.94.410 through 36.94.440;
(2) Revisions of city or town boundaries pursuant to RCW 35.21.790 or 35A.21.210;
(3) Adjustments to city or town boundaries pursuant to RCW 35.13.340; and
(4) Adjustments to city and town boundaries pursuant to RCW 35.13.300 through 35.13.330.
Sec. 51. RCW 36.93.185 and 1989 c 308 s 13 are each amended to read as follows:
The
proposal by a ((water district or)) water-sewer district to annex
territory that is not adjacent to the district shall not be deemed to be
violative of the objectives of a boundary review board solely due to the fact
that the territory is not adjacent to the ((water district or)) water-sewer
district. The proposed consolidation or merger of two or more ((water
districts or two or more)) water-sewer districts that are not
adjacent to each other shall not be deemed to be violative of the objectives of
a boundary review board solely due to the fact that the districts are not
adjacent.
Sec. 52. RCW 36.94.220 and 1981 c 313 s 3 are each amended to read as follows:
(1) A county shall have the power to establish utility local improvement districts and local improvement districts within the area of a sewerage and/or water general plan and to levy special assessments under a mode of annual installments extending over a period not exceeding twenty years on all property specially benefited by any local improvement on the basis of the special benefits to pay in whole or in part the damages or costs of any improvements ordered in such county.
(2)
Utility local improvement districts and local improvement districts may include
territory within a city or town only with the written consent of the city or
town, but if the local district is formed before such area is included within
the city or town, no such consent shall be necessary. Utility local
improvement districts and local improvement districts used to provide sewerage
disposal systems may include territory within a ((sewer district or within a))
water-sewer district providing sewerage disposal systems only with the
written consent of ((the sewer district or)) such a water-sewer
district, but if the local district is formed before such area is included
within ((the sewer district or)) such a water-sewer district, no
consent is necessary. Utility local improvement districts and local
improvement districts used to provide water systems may include territory
within ((a water district or within)) a water-sewer district
providing water systems only with the written consent of ((the water
district or)) such a water-sewer district, but if the local district
is formed before such area is included within ((the water district or))
such a water-sewer district, no consent is necessary.
(3) The levying, collection, and enforcement of all public assessments hereby authorized shall be in the manner now and hereafter provided by law for the levying, collection, and enforcement of local improvement assessments by cities and towns, insofar as the same shall not be inconsistent with the provisions of this chapter. In addition, the county shall file the preliminary assessment roll at the time and in the manner prescribed in RCW 35.50.005. The duties devolving upon the city or town treasurer under such laws are imposed upon the county treasurer for the purposes of this chapter. The mode of assessment shall be in the manner to be determined by the county legislative authority by ordinance or resolution. As an alternative to equal annual assessment installments of principal provided for cities and towns, a county legislative authority may provide for the payment of such assessments in equal annual installments of principal and interest. Assessments in any local district may be made on the basis of special benefits up to but not in excess of the total cost of any sewerage and/or water improvement made with respect to that local district and the share of any general sewerage and/or water facilities allocable to that district. In utility local improvement districts, assessments shall be deposited into the revenue bond fund or general obligation bond fund established for the payment of bonds issued to pay such costs which bond payments are secured in part by the pledge of assessments, except pending the issuance and sale of such bonds, assessments may be deposited in a fund for the payment of such costs. In local improvement districts, assessments shall be deposited into a fund for the payment of such costs and local improvement bonds issued to finance the same or into the local improvement guaranty fund as provided by applicable statute.
Sec. 53. RCW 36.94.430 and 1984 c 147 s 3 are each amended to read as follows:
The
provisions of RCW 36.94.410 and 36.94.420 provide an alternative method of
accomplishing the transfer permitted by those sections and do not impose
additional conditions upon the exercise of powers vested in water ((and))-
sewer districts and counties.
Sec. 54. RCW 36.96.010 and 1979 ex.s. c 5 s 1 are each amended to read as follows:
As used in this chapter, unless the context requires otherwise:
(1) "Special purpose district" means every municipal and quasi-municipal corporation other than counties, cities, and towns. Such special purpose districts shall include, but are not limited to, water-sewer districts, fire protection districts, port districts, public utility districts, county park and recreation service areas, flood control zone districts, diking districts, drainage improvement districts, and solid waste collection districts, but shall not include industrial development districts created by port districts, and shall not include local improvement districts, utility local improvement districts, and road improvement districts;
(2) "Governing authority" means the commission, council, or other body which directs the affairs of a special purpose district;
(3) "Inactive" means that a special purpose district, other than a public utility district, is characterized by either of the following criteria:
(a) Has not carried out any of the special purposes or functions for which it was formed within the preceding consecutive five-year period; or
(b) No election has been held for the purpose of electing a member of the governing body within the preceding consecutive seven-year period or, in those instances where members of the governing body are appointed and not elected, where no member of the governing body has been appointed within the preceding seven-year period.
A public utility district is inactive when it is characterized by both criteria (a) and (b) of this subsection.
Sec. 55. RCW 36.94.410 and 1984 c 147 s 1 are each amended to read as follows:
A
system of sewerage, system of water or combined water and sewerage systems
operated by a county under the authority of this chapter may be transferred
from that county to a water ((or))- sewer district in the same
manner as is provided for the transfer of those functions from a water ((or))-
sewer district to a county in RCW 36.94.310 through 36.94.340.
Sec. 56. RCW 36.94.420 and 1996 c 230 s 1609 are each amended to read as follows:
If so provided in the transfer agreement, the area served by the system shall, upon completion of the transfer, be deemed annexed to and become a part of the water-sewer district acquiring the system. The county shall provide notice of the hearing by the county legislative authority on the ordinance executing the transfer agreement under RCW 36.94.330 as follows: (1) By mailed notice to all ratepayers served by the system at least fifteen days prior to the hearing; and (2) by notice in a newspaper of general circulation once at least fifteen days prior to the hearing.
In
the event of an annexation under this section resulting from the transfer of a
system of sewerage, a system of water, or combined water and sewer
systems from a county to a water-sewer district ((governed by Title 57 RCW)),
the water-sewer district shall ((have all the powers of a water-sewer
district provided by chapter 57.36 RCW, as if a water-sewer district had been
merged into a water-sewer district)) operate the system or systems under
the provisions of Title 57 RCW.
Sec. 57. RCW 39.69.010 and 1987 c 19 s 1 are each amended to read as follows:
As
used in this chapter, "municipal corporation" includes counties,
cities, towns, port districts, ((sewer districts,)) water-sewer
districts, school districts, metropolitan park districts, or such other units
of local government which are authorized to issue obligations.
Sec. 58. RCW 39.80.020 and 1981 c 61 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter.
(1) "State agency" means any department, agency, commission, bureau, office, or any other entity or authority of the state government.
(2) "Local agency" means any city and any town, county, special district, municipal corporation, agency, port district or authority, or political subdivision of any type, or any other entity or authority of local government in corporate form or otherwise.
(3)
"Special district" means a local unit of government, other than a
city, town, or county, authorized by law to perform a single function or a
limited number of functions, and including but not limited to, water-sewer
districts, irrigation districts, fire districts, school districts, community
college districts, hospital districts, ((sewer districts,))
transportation districts, and metropolitan municipal corporations organized
under chapter 35.58 RCW.
(4)
"Agency" means both state and local agencies and special districts as
defined in subsection(([s]))s (1), (2), and (3) of this section.
(5) "Architectural and engineering services" or "professional services" means professional services rendered by any person, other than as an employee of the agency, contracting to perform activities within the scope of the general definition of professional practice in chapters 18.08, 18.43, or 18.96 RCW.
(6) "Person" means any individual, organization, group, association, partnership, firm, joint venture, corporation, or any combination thereof.
(7) "Consultant" means any person providing professional services who is not an employee of the agency for which the services are provided.
(8) "Application" means a completed statement of qualifications together with a request to be considered for the award of one or more contracts for professional services.
Sec. 59. RCW 39.50.010 and 1985 c 332 s 8 are each amended to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Governing body" means the legislative authority of a municipal corporation by whatever name designated;
(2) "Local improvement district" includes local improvement districts, utility local improvement districts, road improvement districts, and other improvement districts that a municipal corporation is authorized by law to establish;
(3)
"Municipal corporation" means any city, town, county, ((water
district,)) water-sewer district, school district, port district,
public utility district, metropolitan municipal corporation, public
transportation benefit area, park and recreation district, irrigation district,
or fire protection district or any other municipal or quasi- municipal
corporation described as such by statute, except joint operating agencies under
chapter 43.52 RCW;
(4) "Ordinance" means an ordinance of a city or town or resolution or other instrument by which the governing body of the municipal corporation exercising any power under this chapter takes formal action and adopts legislative provisions and matters of some permanency; and
(5) "Short-term obligations" are warrants, notes, or other evidences of indebtedness, except bonds.
Sec. 60. RCW 43.20.240 and 1990 c 132 s 3 are each amended to read as follows:
(1) The department shall have primary responsibility among state agencies to receive complaints from persons aggrieved by the failure of a public water system. If the remedy to the complaint is not within the jurisdiction of the department, the department shall refer the complaint to the state or local agency that has the appropriate jurisdiction. The department shall take such steps as are necessary to inform other state agencies of their primary responsibility for such complaints and the implementing procedures.
(2) Each county shall designate a contact person to the department for the purpose of receiving and following up on complaint referrals that are within county jurisdiction. In the absence of any such designation, the county health officer shall be responsible for performing this function.
(3) The department and each county shall establish procedures for providing a reasonable response to complaints received from persons aggrieved by the failure of a public water system.
(4) The department and each county shall use all reasonable efforts to assist customers of public water systems in obtaining a dependable supply of water at all times. The availability of resources and the public health significance of the complaint shall be considered when determining what constitutes a reasonable effort.
(5) The department shall, in consultation with local governments, water utilities, water-sewer districts, public utility districts, and other interested parties, develop a booklet or other single document that will provide to members of the public the following information:
(a) A summary of state law regarding the obligations of public water systems in providing drinking water supplies to their customers;
(b) A summary of the activities, including planning, rate setting, and compliance, that are to be performed by both local and state agencies;
(c) The rights of customers of public water systems, including identification of agencies or offices to which they may address the most common complaints regarding the failures or inadequacies of public water systems.
This booklet or document shall be available to members of the public no later than January 1, 1991.
Sec. 61. RCW 43.70.195 and 1994 c 292 s 3 are each amended to read as follows:
(1) In any action brought by the secretary of health or by a local health officer pursuant to chapter 7.60 RCW to place a public water system in receivership, the petition shall include the names of one or more suitable candidates for receiver who have consented to assume operation of the water system. The department shall maintain a list of interested and qualified individuals, municipal entities, special purpose districts, and investor-owned water companies with experience in the provision of water service and a history of satisfactory operation of a water system. If there is no other person willing and able to be named as receiver, the court shall appoint the county in which the water system is located as receiver. The county may designate a county agency to operate the system, or it may contract with another individual or public water system to provide management for the system. If the county is appointed as receiver, the secretary of health and the county health officer shall provide regulatory oversight for the agency or other person responsible for managing the water system.
(2) In any petition for receivership under subsection (1) of this section, the department shall recommend that the court grant to the receiver full authority to act in the best interests of the customers served by the public water system. The receiver shall assess the capability, in conjunction with the department and local government, for the system to operate in compliance with health and safety standards, and shall report to the court and the petitioning agency its recommendations for the system's future operation, including the formation of a water-sewer district or other public entity, or ownership by another existing water system capable of providing service.
(3) If a petition for receivership and verifying affidavit executed by an appropriate departmental official allege an immediate and serious danger to residents constituting an emergency, the court shall set the matter for hearing within three days and may appoint a temporary receiver ex parte upon the strength of such petition and affidavit pending a full evidentiary hearing, which shall be held within fourteen days after receipt of the petition.
(4) A bond, if any is imposed upon a receiver, shall be minimal and shall reasonably relate to the level of operating revenue generated by the system. Any receiver appointed pursuant to this section shall not be held personally liable for any good faith, reasonable effort to assume possession of, and to operate, the system in compliance with the court's orders.
(5) The court shall authorize the receiver to impose reasonable assessments on a water system's customers to recover expenditures for improvements necessary for the public health and safety.
(6) No later than twelve months after appointment of a receiver, the petitioning agency, in conjunction with the county in which the system is located, and the appropriate state and local health agencies, shall develop and present to the court a plan for the disposition of the system. The report shall include the recommendations of the receiver made pursuant to subsection (2) of this section. The report shall include all reasonable and feasible alternatives. After receiving the report, the court shall provide notice to interested parties and conduct such hearings as are necessary. The court shall then order the parties to implement one of the alternatives, or any combination thereof, for the disposition of the system. Such order shall include a date, or proposed date, for the termination of the receivership. Nothing in this section authorizes a court to require a city, town, public utility district, water-sewer district, or irrigation district to accept a system that has been in receivership unless the city, town, public utility district, water-sewer district, or irrigation district agrees to the terms and conditions outlined in the plan adopted by the court.
(7) The court shall not terminate the receivership, and order the return of the system to the owners, unless the department of health approves of such an action. The court may impose reasonable conditions upon the return of the system to the owner, including the posting of a bond or other security, routine performance and financial audits, employment of qualified operators and other staff or contracted services, compliance with financial viability requirements, or other measures sufficient to ensure the ongoing proper operation of the system.
(8) If, as part of the ultimate disposition of the system, an eminent domain action is commenced by a public entity to acquire the system, the court shall oversee any appraisal of the system conducted under Title 7 RCW to assure that the appraised value properly reflects any reduced value because of the necessity to make improvements to the system. The court shall have the authority to approve the appraisal, and to modify it based on any information provided at an evidentiary hearing. The court's determination of the proper value of the system, based on the appraisal, shall be final, and only appealable if not supported by substantial evidence. If the appraised value is appealed, the court may order that the system's ownership be transferred upon payment of the approved appraised value.
Sec. 62. RCW 43.155.030 and 1985 c 446 s 9 are each amended to read as follows:
(1) The public works board is hereby created.
(2)
The board shall be composed of thirteen members appointed by the governor for
terms of four years, except that five members initially shall be appointed for
terms of two years. The board shall include: (a) Three members, two of whom
shall be elected officials and one shall be a public works manager, appointed
from a list of at least six persons nominated by the association of Washington
cities or its successor; (b) three members, two of whom shall be elected
officials and one shall be a public works manager, appointed from a list of at
least six persons nominated by the Washington state association of counties or
its successor; (c) three members appointed from a list of at least six persons
nominated jointly by the ((Washington state association of water districts,
the)) Washington public utility districts association((,)) and ((the
Washington)) a state association of water-sewer districts,
or their successors; and (d) four members appointed from the general public.
In appointing the four general public members, the governor shall endeavor to
balance the geographical composition of the board and to include members with
special expertise in relevant fields such as public finance, architecture and
civil engineering, and public works construction. The governor shall appoint
one of the general public members of the board as chair. The term of the chair
shall coincide with the term of the governor.
(3) Staff support to the board shall be provided by the department.
(4) Members of the board shall receive no compensation but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
(5) If a vacancy on the board occurs by death, resignation, or otherwise, the governor shall fill the vacant position for the unexpired term. Each vacancy in a position appointed from lists provided by the associations under subsection (2) of this section shall be filled from a list of at least three persons nominated by the relevant association or associations. Any members of the board, appointive or otherwise, may be removed by the governor for cause in accordance with RCW 43.06.070 and 43.06.080.
Sec. 63. RCW 44.04.170 and 1970 ex.s. c 69 s 2 are each amended to read as follows:
It
shall be the duty of each association of municipal corporations or municipal
officers, which is recognized by law and utilized as an official agency for the
coordination of the policies and/or administrative programs of municipal
corporations, to submit biennially, or oftener as necessary, to the governor
and to the legislature the joint recommendations of such participating
municipalities regarding changes which would affect the efficiency of such
municipal corporations. Such associations shall include but shall not be
limited to the Washington state association of fire commissioners, ((the
Washington)) a state association of water/wastewater
districts, ((the Washington state association of sewer districts,)) and
the Washington state school directors' association.
Sec. 64. RCW 48.62.021 and 1991 sp.s. c 30 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1)
"Local government entity" or "entity" means every unit of
local government, both general purpose and special purpose, and includes, but
is not limited to, counties, cities, towns, port districts, public utility
districts, ((water districts,)) water-sewer districts, school
districts, fire protection districts, irrigation districts, metropolitan
municipal corporations, conservation districts, and other political
subdivisions, governmental subdivisions, municipal corporations, and
quasi-municipal corporations.
(2) "Risk assumption" means a decision to absorb the entity's financial exposure to a risk of loss without the creation of a formal program of advance funding of anticipated losses.
(3) "Self-insurance" means a formal program of advance funding and management of entity financial exposure to a risk of loss that is not transferred through the purchase of an insurance policy or contract.
(4) "Health and welfare benefits" means a plan or program established by a local government entity or entities for the purpose of providing its employees and their dependents, and in the case of school districts, its district employees, students, directors, or any of their dependents, with health care, accident, disability, death, and salary protection benefits.
(5) "Property and liability risks" includes the risk of property damage or loss sustained by a local government entity and the risk of claims arising from the tortious or negligent conduct or any error or omission of the local government entity, its officers, employees, agents, or volunteers as a result of which a claim may be made against the local government entity.
(6) "State risk manager" means the state risk manager of the division of risk management within the department of general administration.
Sec. 65. RCW 52.08.011 and 1984 c 230 s 54 are each amended to read as follows:
Territory within a fire protection district may be withdrawn from the district in the same manner provided by law for withdrawal of territory from water-sewer districts, as provided by chapter 57.28 RCW.
Sec. 66. RCW 53.48.001 and 1989 c 84 s 46 are each amended to read as follows:
The
dissolution of a metropolitan park district, fire protection district, ((sewer
district,)) water-sewer district, or flood control zone district
under chapter 53.48 RCW may be subject to potential review by a boundary review
board under chapter 36.93 RCW.
Sec. 67. RCW 53.48.010 and 1986 c 278 s 17 are each amended to read as follows:
The following words and terms shall, whenever used in this chapter, have the meaning set forth in this section:
(1) The term "district" as used herein, shall include all municipal and quasi-municipal corporations having a governing body, other than cities, towns, counties, and townships, such as port districts, school districts, water-sewer districts, fire protection districts, and all other special districts of similar organization, but shall not include local improvement districts, diking, drainage and irrigation districts, special districts as defined in RCW 85.38.010, nor public utility districts.
(2) The words "board of commissioners," as used herein, shall mean the governing authority of any district as defined in subdivision (1) of this section.
Sec. 68. RCW 54.04.030 and 1931 c 1 s 12 are each amended to read as follows:
((This act)) Chapter 1, Laws of 1931, shall not be
deemed or construed to repeal or affect any existing act, or any part thereof,
relating to the construction, operation and maintenance of public utilities by
irrigation or water-sewer districts or other municipal corporations, but
shall be supplemental thereto and concurrent therewith. No public utility
district created hereunder shall include therein any municipal corporation, or
any part thereof, where such municipal corporation already owns or operates all
the utilities herein authorized: PROVIDED, that in case it does not own or
operate all such utilities it may be included within such public utility
district for the purpose of establishing or operating therein such utilities as
it does not own or operate: PROVIDED, FURTHER, That no property situated
within any irrigation or water-sewer districts or other municipal
corporations shall ever be taxed or assessed to pay for any utility, or part
thereof, of like character to any utility, owned or operated by such irrigation
or water districts or other municipal corporations.
Sec. 69. RCW 70.44.400 and 1984 c 100 s 1 are each amended to read as follows:
Territory within a public hospital district may be withdrawn therefrom in the same manner provided by law for withdrawal of territory from water-sewer districts, as provided by chapter 57.28 RCW. For purposes of conforming with such procedure, the public hospital district shall be deemed to be the water-sewer district and the public hospital board of commissioners shall be deemed to be the water-sewer district board of commissioners.
Sec. 70. RCW 70.95B.020 and 1995 c 269 s 2901 are each amended to read as follows:
As used in this chapter unless context requires another meaning:
(1) "Director" means the director of the department of ecology.
(2) "Department" means the department of ecology.
(3) "Certificate" means a certificate of competency issued by the director stating that the operator has met the requirements for the specified operator classification of the certification program.
(4) "Wastewater treatment plant" means a facility used to treat any liquid or waterborne waste of domestic origin or a combination of domestic, commercial or industrial origin, and which by its design requires the presence of an operator for its operation. It shall not include any facility used exclusively by a single family residence, septic tanks with subsoil absorption, industrial wastewater treatment plants, or wastewater collection systems.
(5) "Operator in responsible charge" means an individual who is designated by the owner as the person on-site in responsible charge of the routine operation of a wastewater treatment plant.
(6) "Nationally recognized association of certification authorities" shall mean that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for classification of potable water treatment plants, water distribution systems and wastewater facilities and certification of operators, facilitates reciprocity between state programs and assists authorities in establishing new certification programs and updating existing ones.
(7) "Wastewater collection system" means any system of lines, pipes, manholes, pumps, liftstations, or other facilities used for the purpose of collecting and transporting wastewater.
(8) "Operating experience" means routine performance of duties, on-site in a wastewater treatment plant, that affects plant performance or effluent quality.
(9) "Owner" means in the case of a town or city, the city or town acting through its chief executive officer or the lessee if operated pursuant to a lease or contract; in the case of a county, the chairman of the county legislative authority or the chairman's designee; in the case of a water-sewer district, board of public utilities, association, municipality or other public body, the president or chairman of the body or the president's or chairman's designee; in the case of a privately owned wastewater treatment plant, the legal owner.
(10) "Wastewater certification program coordinator" means an employee of the department who administers the wastewater treatment plant operators' certification program.
Sec. 71. RCW 70.119.020 and 1995 c 269 s 2904 are each amended to read as follows:
As used in this chapter unless context requires another meaning:
(1) "Certificate" means a certificate of competency issued by the secretary stating that the operator has met the requirements for the specified operator classification of the certification program.
(2) "Certified operator" means an individual holding a valid certificate and employed or appointed by any county, water-sewer district, municipality, public or private corporation, company, institution, person, or the state of Washington and who is designated by the employing or appointing officials as the person responsible for active daily technical operation.
(3) "Department" means the department of health.
(4) "Distribution system" means that portion of a public water system which stores, transmits, pumps and distributes water to consumers.
(5) "Ground water under the direct influence of surface water" means any water beneath the surface of the ground with:
(a) Significant occurrence of insects or other macroorganisms, algae, or large diameter pathogens such as giardia lamblia; or
(b) Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions.
(6) "Group A water system" means a system with fifteen or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more people per day for sixty or more days within a calendar year, regardless of the number of service connections. Group A water system does not include a system serving fewer than fifteen single-family residences, regardless of the number of people.
(7) "Nationally recognized association of certification authorities" shall mean an organization which serves as an information center for certification activities, recommends minimum standards and guidelines for classification of potable water treatment plants, water distribution systems and waste water facilities and certification of operators, facilitates reciprocity between state programs and assists authorities in establishing new certification programs and updating existing ones.
(8) "Public water system" means any system, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing piped water for human consumption, including any collection, treatment, storage, or distribution facilities under control of the purveyor and used primarily in connection with the system; and collection or pretreatment storage facilities not under control of the purveyor but primarily used in connection with the system.
(9) "Purification plant" means that portion of a public water system which treats or improves the physical, chemical or bacteriological quality of the system's water to bring the water into compliance with state board of health standards.
(10) "Secretary" means the secretary of the department of health.
(11) "Service" means a connection to a public water system designed to serve a single-family residence, dwelling unit, or equivalent use. If the facility has group home or barracks-type accommodations, three persons will be considered equivalent to one service.
(12) "Surface water" means all water open to the atmosphere and subject to surface runoff.
Sec. 72. RCW 79.44.003 and 1989 c 243 s 13 are each amended to read as follows:
As used in this chapter "assessing district" means:
(1) Incorporated cities and towns;
(2) Diking districts;
(3) Drainage districts;
(4) Port districts;
(5) Irrigation districts;
(6) Water-sewer districts;
(7)
((Sewer districts;
(8)))
Counties; and
(((9)))
(8) Any municipal corporation or public agency having power to levy
local improvement or other assessments, rates, or charges which by statute are
expressly made applicable to lands of the state.
Sec. 73. RCW 84.04.120 and 1961 c 15 s 84.04.120 are each amended to read as follows:
"Taxing
district" shall be held and construed to mean and include the state and
any county, city, town, ((township,)) port district, school district,
road district, metropolitan park district, water-sewer district or other
municipal corporation, now or hereafter existing, having the power or
authorized by law to impose burdens upon property within the district in
proportion to the value thereof, for the purpose of obtaining revenue for
public purposes, as distinguished from municipal corporations authorized to
impose burdens, or for which burdens may be imposed, for such purposes, upon
property in proportion to the benefits accruing thereto.
Sec. 74. RCW 84.33.100 and 1992 c 52 s 6 are each amended to read as follows:
As used in RCW 84.33.110 through 84.33.140 and 84.33.210 through 84.33.270:
(1) "Forest land" is synonymous with timberland and means all land in any contiguous ownership of twenty or more acres which is primarily devoted to and used for growing and harvesting timber and means the land only.
(2) "Owner" means the party or parties having the fee interest in land, except where land is subject to a real estate contract "owner" means the contract vendee.
(3)
"Local government" shall mean any city, town, county, ((sewer
district,)) water-sewer district, public utility district, port district,
irrigation district, flood control district, or any other municipal
corporation, quasi-municipal corporation, or other political subdivision
authorized to levy special benefit assessments for sanitary or storm sewerage
systems, domestic water supply or distribution systems, or road construction or
improvement purposes.
(4) "Local improvement district" shall mean any local improvement district, utility local improvement district, local utility district, road improvement district, or any similar unit created by a local government for the purpose of levying special benefit assessments against property specially benefited by improvements relating to such districts.
(5) The term "average rate of inflation" shall mean the annual rate of inflation as determined by the department of revenue averaged over the period of time as provided in RCW 84.33.220 (1) and (2). Such determination shall be published not later than January 1 of each year for use in that assessment year.
(6) "Special benefit assessments" shall mean special assessments levied or capable of being levied in any local improvement district or otherwise levied or capable of being levied by a local government to pay for all or part of the costs of a local improvement and which may be levied only for the special benefits to be realized by property by reason of that local improvement.
Sec. 75. RCW 84.34.310 and 1992 c 52 s 15 are each amended to read as follows:
As used in RCW 84.34.300 through 84.34.380, unless a different meaning is required, the words defined in this section shall have the meanings indicated.
(1) "Farm and agricultural land" shall mean the same as defined in RCW 84.34.020(2).
(2) "Timber land" shall mean the same as defined in RCW 84.34.020(3).
(3)
"Local government" shall mean any city, town, county, ((sewer
district,)) water-sewer district, public utility district, port
district, irrigation district, flood control district, or any other municipal
corporation, quasi-municipal corporation, or other political subdivision
authorized to levy special benefit assessments for sanitary and/or storm
sewerage systems, domestic water supply and/or distribution systems, or road
construction or improvement purposes.
(4) "Local improvement district" shall mean any local improvement district, utility local improvement district, local utility district, road improvement district, or any similar unit created by a local government for the purpose of levying special benefit assessments against property specially benefited by improvements relating to such districts.
(5) "Owner" shall mean the same as defined in RCW 84.34.020(5) or the applicable statutes relating to special benefit assessments.
(6) The term "average rate of inflation" shall mean the annual rate of inflation as determined by the department of revenue averaged over the period of time as provided in RCW 84.34.330 (1) and (2). Such determination shall be published not later than January 1 of each year for use in that assessment year.
(7) "Special benefit assessments" shall mean special assessments levied or capable of being levied in any local improvement district or otherwise levied or capable of being levied by a local government to pay for all or part of the costs of a local improvement and which may be levied only for the special benefits to be realized by property by reason of that local improvement.
Sec. 76. RCW 84.64.080 and 1991 c 245 s 27 are each amended to read as follows:
The court shall examine each application for judgment foreclosing tax lien, and if defense (specifying in writing the particular cause of objection) be offered by any person interested in any of the lands or lots to the entry of judgment against the same, the court shall hear and determine the matter in a summary manner, without other pleadings, and shall pronounce judgment as the right of the case may be; or the court may, in its discretion, continue such individual cases, wherein defense is offered, to such time as may be necessary, in order to secure substantial justice to the contestants therein; but in all other cases the court shall proceed to determine the matter in a summary manner as above specified. In all judicial proceedings of any kind for the collection of taxes, and interest and costs thereon, all amendments which by law can be made in any personal action pending in such court shall be allowed, and no assessments of property or charge for any of the taxes shall be considered illegal on account of any irregularity in the tax list or assessment rolls or on account of the assessment rolls or tax list not having been made, completed or returned within the time required by law, or on account of the property having been charged or listed in the assessment or tax lists without name, or in any other name than that of the owner, and no error or informality in the proceedings of any of the officers connected with the assessment, levying or collection of the taxes, shall vitiate or in any manner affect the tax or the assessment thereof, and any irregularities or informality in the assessment rolls or tax lists or in any of the proceedings connected with the assessment or levy of such taxes or any omission or defective act of any officer or officers connected with the assessment or levying of such taxes, may be, in the discretion of the court, corrected, supplied and made to conform to the law by the court. The court shall give judgment for such taxes, interest and costs as shall appear to be due upon the several lots or tracts described in the notice of application for judgment or complaint, and such judgment shall be a several judgment against each tract or lot or part of a tract or lot for each kind of tax included therein, including all interest and costs, and the court shall order and direct the clerk to make and enter an order for the sale of such real property against which judgment is made, or vacate and set aside the certificate of delinquency or make such other order or judgment as in the law or equity may be just. The order shall be signed by the judge of the superior court, shall be delivered to the county treasurer, and shall be full and sufficient authority for him or her to proceed to sell the property for the sum as set forth in the order and to take such further steps in the matter as are provided by law. The county treasurer shall immediately after receiving the order and judgment of the court proceed to sell the property as provided in this chapter to the highest and best bidder for cash. The acceptable minimum bid shall be the total amount of taxes, interest, penalties, and costs. All sales shall be made at a location in the county on a date and time (except Saturdays, Sundays, or legal holidays) as the county treasurer may direct, and shall continue from day to day (Saturdays, Sundays, and legal holidays excepted) during the same hours until all lots or tracts are sold, after first giving notice of the time, and place where such sale is to take place for ten days successively by posting notice thereof in three public places in the county, one of which shall be in the office of the treasurer. The notice shall be substantially in the following form:
TAX JUDGMENT SALE
Public notice is hereby given that pursuant to real property tax judgment of the superior court of the county of . . . . . . in the state of Washington, and an order of sale duly issued by the court, entered the . . . . day of . . . . . ., . . . ., in proceedings for foreclosure of tax liens upon real property, as per provisions of law, I shall on the . . . . day of . . . . . ., . . . ., at . . . . o'clock a.m., at . . . . . . in the city of . . . . . ., and county of . . . . . ., state of Washington, sell the real property to the highest and best bidder for cash, to satisfy the full amount of taxes, interest and costs adjudged to be due.
In witness whereof, I have hereunto affixed my hand and seal this . . . . day of . . . . . ., . . . . .
...................................
Treasurer of ......................
county.
No county officer or employee shall directly or indirectly be a purchaser of such property at such sale.
If any buildings or improvements are upon an area encompassing more than one tract or lot, the same must be advertised and sold as a single unit.
If
the highest amount bid for any such separate unit tract or lot is in excess of
the minimum bid due upon the whole property included in the certificate of
delinquency, the excess shall be refunded following payment of all water ((and))-
sewer district liens, on application therefor, to the record owner of the
property. The record owner of the property is the person who held title on the
date of issuance of the certificate of delinquency. In the event no claim for
the excess is received by the county treasurer within three years after the
date of the sale he or she shall at expiration of the three year period deposit
such excess in the current expense fund of the county. The county treasurer
shall execute to the purchaser of any piece or parcel of land a tax deed. The
deed so made by the county treasurer, under the official seal of his or her
office, shall be recorded in the same manner as other conveyances of real
property, and shall vest in the grantee, his or her heirs and assigns the title
to the property therein described, without further acknowledgment or evidence
of such conveyance, and shall be substantially in the following form:
State of Washington B
C ss.
County of ......... D
This indenture, made this . . . . day of . . . . . ., . . . . . ., between . . . . . ., as treasurer of . . . . . . county, state of Washington, party of the first part, and . . . . . ., party of the second part:
Witnesseth, that, whereas, at a public sale of real property held on the . . . . day of . . . . . ., . . . ., pursuant to a real property tax judgment entered in the superior court in the county of . . . . . . on the . . . . day of . . . . . ., . . . ., in proceedings to foreclose tax liens upon real property and an order of sale duly issued by the court, . . . . . . duly purchased in compliance with the laws of the state of Washington, the following described real property, to wit: (Here place description of real property conveyed) and that the . . . . . . has complied with the laws of the state of Washington necessary to entitle (him, or her or them) to a deed for the real property.
Now, therefore, know ye, that, I . . . . . ., county treasurer of the county of . . . . . ., state of Washington, in consideration of the premises and by virtue of the statutes of the state of Washington, in such cases provided, do hereby grant and convey unto . . . . . ., his or her heirs and assigns, forever, the real property hereinbefore described.
Given under my hand and seal of office this . . . . day of . . . . . ., A.D. . . . .
...............................
County Treasurer.
Sec. 77. RCW 84.69.010 and 1961 c 15 s 84.69.010 are each amended to read as follows:
As used in this chapter, unless the context indicates otherwise:
(1)
"Taxing district" means any county, city, town, ((township,))
port district, school district, road district, metropolitan park district,
water-sewer district, or other municipal corporation now or hereafter
authorized by law to impose burdens upon property within the district in
proportion to the value thereof, for the purpose of obtaining revenue for
public purposes, as distinguished from municipal corporations authorized to
impose burdens, or for which burdens may be imposed, for such purposes, upon property
in proportion to the benefits accruing thereto.
(2) "Tax" includes penalties and interest.
Sec. 78. RCW 87.03.015 and 1979 ex.s. c 185 s 2 are each amended to read as follows:
Any irrigation district, operating and maintaining an irrigation system, in addition to other powers conferred by law, shall have authority:
(1) To purchase and sell electric power to the inhabitants of the irrigation district for the purposes of irrigation and domestic use, to acquire, construct, and lease dams, canals, plants, transmission lines, and other power equipment and the necessary property and rights therefor and to operate, improve, repair, and maintain the same, for the generation and transmission of electrical energy for use in the operation of pumping plants and irrigation systems of the district and for sale to the inhabitants of the irrigation district for the purposes of irrigation and domestic use; and, as a further and separate grant of authority and in furtherance of a state purpose and policy of developing hydroelectric capability in connection with irrigation facilities, to construct, finance, acquire, own, operate, and maintain, alone or jointly with other irrigation districts, boards of control, other municipal or quasi-municipal corporations or cooperatives authorized to engage in the business of distributing electricity, or electrical companies subject to the jurisdiction of the utilities and transportation commission, hydroelectric facilities including but not limited to dams, canals, plants, transmission lines, other power equipment, and the necessary property and rights therefor, located within or outside the district, for the purpose of utilizing for the generation of electricity, water power made available by and as a part of the irrigation water storage, conveyance, and distribution facilities, waste ways, and drainage water facilities which serve irrigation districts, and to sell any and all the electric energy generated at any such hydroelectric facilities or the irrigation district's share of such energy, to municipal or quasi-municipal corporations and cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities and transportation commission, or to other irrigation districts, and on such terms and conditions as the board of directors shall determine, and to enter into contracts with other irrigation districts, boards of control, other municipal or quasi-municipal corporations and cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities and transportation commission: PROVIDED, That no contract entered into by the board of directors of any irrigation district for the sale of electrical energy from such hydroelectric facility for a period longer than forty years from the date of commercial operation of such hydroelectric facility shall be binding on the district until ratified by a majority vote of the electors of the district at an election therein, called, held and canvassed for that purpose in the same manner as that provided by law for district bond elections.
(2) To construct, repair, purchase, maintain or lease a system for the sale or lease of water to the owners of irrigated lands within the district for domestic purposes.
(3) To construct, repair, purchase, lease, acquire, operate and maintain a system of drains, sanitary sewers, and sewage disposal or treatment plants as herein provided.
(4) To assume, as principal or guarantor, any indebtedness to the United States under the federal reclamation laws, on account of district lands.
(5) To maintain, repair, construct and reconstruct ditches, laterals, pipe lines and other water conduits used or to be used in carrying water for irrigation of lands located within the boundaries of a city or town or for the domestic use of the residents of a city or town where the owners of land within such city or town shall use such works to carry water to the boundaries of such city or town for irrigation, domestic or other purposes within such city or town, and to charge to such city or town the pro rata proportion of the cost of such maintenance, repair, construction and reconstruction work in proportion to the benefits received by the lands served and located within the boundaries of such city or town, and if such cost is not paid, then and in that event said irrigation district shall have the right to prevent further water deliveries through such works to the lands located within the boundaries of such city or town until such charges have been paid.
(6) To acquire, install and maintain as a part of the irrigation district's water system the necessary water mains and fire hydrants to make water available for fire fighting purposes; and in addition any such irrigation district shall have the authority to repair, operate and maintain such hydrants and mains.
(7) To enter into contracts with other irrigation districts, boards of control, municipal or quasi-municipal corporations and cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities and transportation commission to jointly acquire, construct, own, operate, and maintain irrigation water, domestic water, drainage and sewerage works, and electrical power works to the same extent as authorized by subsection (1) of this section, or portions of such works.
(8)
To acquire from a water-sewer district wholly within the irrigation
district's boundaries, by a conveyance without cost, the water-sewer
district's water system and to operate the same to provide water for the
domestic use of the irrigation district residents. As a part of its acceptance
of the conveyance the irrigation district must agree to relieve the water-sewer
district of responsibility for maintenance and repair of the system. Any such
water-sewer district is authorized to make such a conveyance if all
indebtedness of the water-sewer district, except local improvement
district bonds, has been paid and the conveyance has been approved by a
majority of the water-sewer district's ((electors)) voters
voting at a general or special election.
This section shall not be construed as in any manner abridging any other powers of an irrigation district conferred by law.
Sec. 79. RCW 87.03.720 and 1977 ex.s. c 208 s 1 are each amended to read as follows:
The board of directors of an irrigation district shall, after being notified by the legislative authority of the county or counties within which the irrigation district lies of the filing of the petition therefor, have the power to assent to the proposed merger with the irrigation district of that portion of a drainage improvement district, joint drainage improvement district, consolidated drainage improvement district, or water-sewer district within its boundaries at a hearing duly called by the board to consider the proposed merger if sufficient objections thereto have not been presented, as hereinafter provided.
Sec. 80. RCW 87.03.725 and 1977 ex.s. c 208 s 2 are each amended to read as follows:
The secretary of the board of directors shall cause a notice of the proposed merger to be posted and published in the same manner and for the same time as notice of a special election for the issue of bonds. The notice shall state that a petition has been filed with the legislative authority of the county or counties within which the irrigation districts lies by the board of supervisors of the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district or by the board of commissioners of a water-sewer district requesting that the drainage improvement district, joint drainage improvement district, consolidated drainage improvement district, or water-sewer district be merged with the irrigation district or irrigation districts, the names of the petitioners and the prayer thereof, and it shall notify all persons interested in the irrigation district to appear at the office of the board at the time named in the notice, and show cause in writing why the proposed merger should not take place. The time to show cause shall be the regular meeting of the board of directors of the irrigation district next after the expiration of the time for the publication of the notice.
NEW SECTION. Sec. 81. RCW 56.08.070 and 1996 c 18 s 13 are each repealed.
NEW SECTION. Sec. 82. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
Correct the title accordingly.
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