_______________________________________________
HOUSE
BILL 2116
_______________________________________________
Passed
Legislature - 1999 Regular Session
State of Washington 56th
Legislature 1999 Regular Session
By
Read first time 02/16/1999.
Referred to Committee on Local Government.
Allowing
a public utility district to dispose of equipment or materials.
AN
ACT Relating to public utility district disposition of property; and amending
RCW 54.16.180.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
54.16.180 and 1994 c 81 s 78 are each amended to read as follows:
A district may sell and convey, lease, or otherwise dispose of all
or any part of its works, plants, systems, utilities and properties, after
proceedings and approval by the voters of the district, as provided for the
lease or disposition of like properties and facilities owned by cities and
towns: PROVIDED, That the affirmative vote of three-fifths of the voters
voting at an election on the question of approval of a proposed sale, shall be
necessary to authorize such sale: PROVIDED FURTHER, That a district may sell,
convey, lease or otherwise dispose of all or any part of the property owned by
it, located outside its boundaries, to another public utility district, city,
town or other municipal corporation without the approval of the voters; or may
sell, convey, lease, or otherwise dispose of to any person or public body, any
part, either within or without its boundaries, which has become unserviceable,
inadequate, obsolete, worn out or unfit to be used in the operations of the
system and which is no longer necessary, material to, and useful in such
operations, without the approval of the voters: PROVIDED FURTHER, That a
district may sell, convey, lease or otherwise dispose of items of equipment or
materials to any other district, to any cooperative, mutual, consumer-owned or
investor-owned utility, to any federal, state, or local government agency, to
any contractor employed by the district or any other district, utility, or
agency, or any customer of the district or of any other district or utility,
from the district's stores without voter approval or resolution of the
district's board, if such items of equipment or materials cannot practicably be
obtained on a timely basis from any other source, and the amount received by
the district in consideration for any such sale, conveyance, lease, or other
disposal of such items of equipment or materials is not less than the
district's cost to purchase such items or the reasonable market value of
equipment or materials: PROVIDED FURTHER, That a public utility district
located within a county with a population of from one hundred twenty-five
thousand to less than two hundred ten thousand may sell and convey to a city of
the first class, which owns its own water system, all or any part of a water
system owned by said public utility district where a portion of it is located
within the boundaries of such city, without approval of the voters upon such
terms and conditions as the district shall determine: PROVIDED FURTHER, That a
public utility district located in a county with a population of from twelve
thousand to less than eighteen thousand and bordered by the Columbia river may,
separately or in connection with the operation of a water system, or as part of
a plan for acquiring or constructing and operating a water system, or in
connection with the creation of another or subsidiary local utility district,
may provide for the acquisition or construction, additions or improvements to,
or extensions of, and operation of a sewage system within the same service area
as in the judgment of the district commission is necessary or advisable in
order to eliminate or avoid any existing or potential danger to the public
health by reason of the lack of sewerage facilities or by reason of the
inadequacy of existing facilities: AND PROVIDED FURTHER, That a public utility
district located within a county with a population of from one hundred
twenty-five thousand to less than two hundred ten thousand bordering on Puget
Sound may sell and convey to any city ((of)) or town (([city or town]))
with a population of less than ten thousand all or any part of a water system
owned by said public utility district without approval of the voters upon such
terms and conditions as the district shall determine. Public utility districts
are municipal corporations for the purposes of this section and the commission
shall be held to be the legislative body and the president and secretary shall
have the same powers and perform the same duties as the mayor and city clerk
and the resolutions of the districts shall be held to be ordinances within the
meaning of the statutes governing the sale, lease, or other disposal of public
utilities owned by cities and towns.
