BP BHEAD INT S [atlas:bill]

AN ACT Relating to the effect of city and town annexations or incorporations on the authorities and responsibilities of other local governments; amending RCW 35.82.020; adding a new section to chapter 43.83B RCW; adding a new section to chapter 43.155 RCW; adding a new section to chapter 43.160 RCW; adding a new section to chapter 70.146 RCW; adding a new section to chapter 90.50A RCW; adding a new section to chapter 36.88 RCW; adding new sections to chapter 36.94 RCW; and adding a new section to chapter 36.89 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.83B RCW to read as follows:

A city or town acquiring municipal water facilities, that were financed in whole or in part with moneys loaned from the state and local improvements revolving account -- water supply facilities, shall assume the obligation of making all payments to retire the loan that remain outstanding on the date the facilities were acquired under the same terms and conditions that were applicable to the other local government from which the facilities were obtained. This obligation applies to municipal water facilities that were acquired as the result of the annexation or incorporation of territory in which the public facilities are located.

NEW SECTION. Sec. 2. A new section is added to chapter 43.155 RCW to read as follows:

A city or town acquiring public facilities, that were financed in whole or in part with moneys loaned from the public works assistance account, shall assume the obligation of making all payments to retire the loan that remain outstanding on the date the facilities were acquired under the same terms and conditions that were applicable to the other local government from which the facilities were obtained. This obligation applies to public facilities that were acquired as the result of the annexation or incorporation of territory in which the public facilities are located.

NEW SECTION. Sec. 3. A new section is added to chapter 43.160 RCW to read as follows:

A city or town acquiring public facilities, that were financed in whole or in part with moneys loaned from the public facilities construction loan revolving account, shall assume the obligation of making all payments to retire the loan that remain outstanding on the date the facilities were acquired under the same terms and conditions that were applicable to the other local government from which the facilities were obtained. This obligation applies to public facilities that were acquired as the result of the annexation or incorporation of territory in which the public facilities are located.

NEW SECTION. Sec. 4. A new section is added to chapter 70.146 RCW to read as follows:

A city or town acquiring public facilities, that were financed in whole or in part with moneys loaned from the water quality account, shall assume the obligation of making all payments to retire the loan that remain outstanding on the date the facilities were acquired under the same terms and conditions that were applicable to the other local government from which the facilities were obtained. This obligation applies to public facilities that were acquired as the result of the annexation or incorporation of territory in which the public facilities are located.

NEW SECTION. Sec. 5. A new section is added to chapter 90.50A RCW to read as follows:

A city or town acquiring water pollution control facilities, that were financed in whole or in part with moneys loaned from the water pollution control revolving fund, shall assume the obligation of making all payments to retire the loan that remain outstanding on the date the facilities were acquired under the same terms and conditions that were applicable to the other local government from which the facilities were obtained. This obligation applies to public facilities that were acquired as the result of the annexation or incorporation of territory in which the public facilities are located.

NEW SECTION. Sec. 6. A new section is added to chapter 36.88 RCW to read as follows:

Property located within a county road improvement district that is annexed by a city or town, or incorporated into a city or town, shall remain subject to the special assessments imposed within the county road improvement district and any reassessments or supplemental assessments that are imposed by the county within the county road improvement district.

NEW SECTION. Sec. 7. A new section is added to chapter 36.94 RCW to read as follows:

Property located within a local road improvement district or utility local improvement district that is annexed by a city or town, or incorporated into a city or town, shall remain subject to the special assessments imposed within the improvement district and any reassessments or supplemental assessments that are imposed by the county within the improvement district.

NEW SECTION. Sec. 8. A new section is added to chapter 36.89 RCW to read as follows:

An area annexed by a city or town, or incorporated into a city or town, that is served by county storm water control facilities may continue to be served by the county under the provisions of this chapter after the annexation or incorporation. However, nothing in this section precludes the county from entering into a written agreement with the city or town to no longer provide this utility service within the annexed or incorporated area.

NEW SECTION. Sec. 9. A new section is added to chapter 36.94 RCW to read as follows:

An area annexed by a city or town, or incorporated into a city or town, that is served by a county system of sewerage or county system of water under the provisions of this chapter after the annexation or incorporation of the city or town shall be deemed to have provided its written consent to this utility service as provided under RCW 36.94.170. However, nothing in this section precludes the county from entering into a written agreement with the city or town to no longer provide this utility service within the annexed or incorporated area.

Sec. 10. RCW 35.82.020 and 1989 c 363 s 1 are each amended to read as follows:

The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context:

(1) "Authority" or "housing authority" shall mean any of the public corporations created by RCW 35.82.030.

(2) "City" shall mean any city, town, or code city. "County" shall mean any county in the state. "The city" shall mean the particular city for which a particular housing authority is created. "The county" shall mean the particular county for which a particular housing authority is created.

(3) "Governing body" shall mean, in the case of a city, the city council or the commission and in the case of a county, the county legislative authority.

(4) "Mayor" shall mean the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city.

(5) "Clerk" shall mean the clerk of the city or the clerk of the county legislative authority, as the case may be, or the officer charged with the duties customarily imposed on such clerk.

(6) "Area of operation": (a) In the case of a city housing authority ((~~of a city~~)) that has been activated under RCW 35.82.030, shall include ((~~such~~)) the city and the area within five miles from the territorial boundaries thereof((~~: PROVIDED, That~~)). However, the area of operation of ((a)) an activated city housing authority ((~~of any city~~)) shall not include any area which lies within the territorial boundaries of some other city((~~, as herein defined~~)) with a housing authority activated under RCW 35.82.030; and (b) in the case of a county housing authority ((~~of a county~~)) that has been activated under RCW 35.82.030, shall include all of the county except that portion which lies within the territorial boundaries of any activated city housing authority as herein defined, except the area of operation for an activated county housing authority also includes any territory where its facilities are located within the area of operation of an activated city housing authority if the facilities were provided prior to the activation of the city housing authority or prior to an expansion of the area of operation of the activated city housing authority as the result of an annexation of territory by the city.

(7) "Federal government" shall include the United States of America, the United States housing authority or any other agency or instrumentality, corporate or otherwise, of the United States of America.

(8) "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health and morals.

(9) "Housing project" shall mean any work or undertaking: (a) To demolish, clear or remove buildings from any slum area; such work or undertaking may embrace the adaptation of such area to public purposes, including parks or other recreational or community purposes; or (b) to provide decent, safe and sanitary urban or rural dwellings, apartments, mobile home parks, or other living accommodations for persons of low income; such work or undertaking may include the rehabilitation of dwellings owned by persons of low income, and also may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare or other purposes; or (c) without limitation by implication, to provide decent, safe, and sanitary urban and rural dwellings, apartments, mobile home parks, or other living accommodations for senior citizens; such work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare, or other purposes; or (d) to accomplish a combination of the foregoing. The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.

(10) "Persons of low income" shall mean persons or families who lack the amount of income which is necessary (as determined by the authority undertaking the housing project) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding.

(11) "Bonds" shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by the authority pursuant to this chapter.

(12) "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

(13) "Obligee of the authority" or "obligee" shall include any bondholder, trustee or trustees for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the authority.

(14) "Mortgage loan" shall mean an interest bearing obligation secured by a mortgage.

(15) "Mortgage" shall mean a mortgage deed, deed of trust or other instrument securing a mortgage loan and constituting a lien on real property held in fee simple, or on a leasehold under a lease having a remaining term at the time the mortgage is acquired of not less than the term for repayment of the mortgage loan secured by the mortgage, improved or to be improved by a housing project.

(16) "Senior citizen" means a person age sixty-two or older who is determined by the authority to be poor or infirm but who is otherwise in some manner able to provide the authority with revenue which (together with all other available moneys, revenues, income, and receipts of the authority, from whatever sources derived) will be sufficient: (a) To pay, as the same become due, the principal and interest on bonds of the authority; (b) to meet the cost of, and to provide for, maintaining and operating projects (including the cost of insurance) and administrative expenses of the authority; and (c) to create (by not less than the six years immediately succeeding the issuance of any bonds) a reserve sufficient to meet the principal and interest payments which will be due on the bonds in any one year thereafter and to maintain such reserve.

(17) "Commercial space" shall mean space which, because of its proximity to public streets, sidewalks, or other thoroughfares, is well suited for commercial or office use. Commercial space includes but is not limited to office as well as retail space.