H-3201 _______________________________________________
HOUSE BILL NO. 1411
_______________________________________________
State of Washington 49th Legislature 1986 Regular Session
By Representatives Isaacson, Haugen, Winsley, Nutley, Patrick, Ebersole, Brough, May, Allen and Hankins
Read first time 1/14/86 and referred to Committee on Local Government.
AN ACT Relating to irrigation districts; amending RCW 87.03.020, 87.03.040, 87.03.080, 87.03.081, 87.03.190, 87.03.200, 87.03.470, 87.03.535, 87.03.675, 87.03.740, 87.03.834, 87.19.020, 87.52.030, 87.52.090, 87.53.040, and 87.53.060; adding new sections to chapter 87.03 RCW; creating a new section; and repealing RCW 87.03.030, 87.03.031, 87.03.032, 87.03.033, 87.03.034, 87.03.035, 87.03.085, 87.03.090, 87.03.095, 87.03.100, 87.03.105, 87.03.110, and 87.03.590.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The purpose of this act is to place irrigation district election law in substantial conformance with general election law, while retaining differing requirements for eligibility to vote.
NEW SECTION. Sec. 2. A new section is added to chapter 87.03 RCW to read as follows:
A general election shall be held in each irrigation district at each state general election. Special elections may be held at any of the special election dates provided in RCW 29.13.020. The county auditor shall conduct elections for irrigation districts in conformance with general election law, except as provided in this chapter.
Each irrigation district shall prepare and maintain a list of presumed eligible voters for the irrigation district, and shall forward a copy of this list, and any updated list, to the county auditor. The auditor may make deletions or additions to this list of presumed eligible voters as he or she sees fit.
Ballots for irrigation district elections shall be separate from ballots for other elections. Any person who appears at his or her polling place during an irrigation district election, whose name appears on the list of presumed eligible voters, or who in the opinion of the election officials presents sufficient documentation to establish his or her eligibility to vote, shall be given an irrigation district ballot and allowed to vote.
NEW SECTION. Sec. 3. A new section is added to chapter 87.03 RCW to read as follows:
Voting by absentee ballot shall be allowed as provided in this section. Any person who is on the list of presumed eligible voters of an irrigation district may request and receive an absentee ballot by mail or in person at the county auditor's office. A person who presents documentation that in the opinion of the auditor is sufficient to establish his or her eligibility to vote also shall receive an absentee ballot. A request for an absentee ballot must be made not more than forty-five days before the election. An absentee ballot to be valid must be postmarked on or before the day of the election and mailed to the auditor, or presented in person to the auditor during business hours at the auditor's office on or before the day of the election.
NEW SECTION. Sec. 4. A new section is added to chapter 87.03 RCW to read as follows:
Primary elections shall be held to select two candidates for the general election ballot in the manner provided in chapter 29.21 RCW, except the primary election shall be held annually. A primary shall not be held for the initial election of irrigation district commissioners.
Sec. 5. Section 2, page 671, Laws of 1889-90 as last amended by section 3, chapter 138, Laws of 1923 and RCW 87.03.020 are each amended to read as follows:
For the
purpose of organizing an irrigation district, a petition, signed by the
required number of holders of title or evidence of title to land within the
proposed district, shall be presented to the ((board of)) county ((commissioners))
legislative authority of the county in which the lands, or the greater
portion thereof, are situated, which petition shall contain the following:
(1) A description of the lands to be included in the operation of the district, in legal subdivisions or fractions thereof, and the name of the county or counties in which said lands are situated.
(2) The signature and post office address of each petitioner, together with the legal description of the particular lands within the proposed district owned by said respective petitioners.
(3) A general statement of the probable source or sources of water supply and a brief outline of the plan of improvement, which may be in the alternative, contemplated by the organization of the district.
(4) A
statement of the number of directors, ((either)) three ((or)),
five, or seven desired for the administration of the district and of the
name by which the petitioners desire the district to be designated.
(5) Any other matter deemed material.
(6) A prayer requesting the board to take the steps necessary to organize the district.
The
petition must be accompanied by a good and sufficient bond, to be approved by
the ((board of)) county ((commissioners)) legislative
authority, in double the amount of the probable cost of organizing the
district, and conditioned that the bondsmen will pay all of the cost in case
such organization shall not be effected. Said petition shall be presented at a
regular meeting of the said ((board)) county legislative authority,
or at any special meeting ordered to consider and act upon said petition, and
shall be published once a week, for at least two weeks (three issues) before
the time at which the same is to be presented, in some newspaper of general
circulation printed and published in the county where said petition is to be
presented, together with a notice signed by the clerk of the ((board of))
county ((commissioners)) legislative authority stating the time
of the meeting at which the same will be presented. There shall also be
published a notice of the hearing on said petition in a newspaper published at
Olympia, Washington, to be designated by the director of the department of ((conservation
and development)) ecology from year to year, which said notice shall
be published for at least two weeks (three issues) prior to the date of said
meeting and shall contain the name of the county or counties and the number of
each township and range in which the lands embraced within the boundaries of
the proposed district are situated, also the time, place and purpose for said
meeting, which said notice shall be signed by the petitioner whose name first
appears upon the said petition. If any portion of the lands within said
proposed district lie within another county or counties, then the said petition
and notice shall be published for the time above provided in one newspaper
printed and published in each of said counties. The said notice, together with
a map of the district, shall also be served by registered mail at least thirty
days before the said hearing upon the state director of the department of ((conservation
and development)) ecology at Olympia, Washington, who shall, at the
expense of the district in case it is later organized, otherwise at the expense
of the petitioners' bondsmen, make such investigation((, through the
division of hydraulics,)) of the sufficiency of the source and supply of
water for the purposes of the proposed district, as he may deem necessary, and
file a report of his findings, together with a statement of his costs, with the
((board of)) county ((commissioners)) legislative authority
at or prior to the time set for said hearing.
When the
petition is presented, the ((board of)) county ((commissioners)) legislative
authority shall hear the same, shall receive such evidence as it may deem
material, and may adjourn such hearing from time to time, not exceeding four
weeks in all, and on the final hearing shall establish and define the
boundaries of the district along such lines as in ((the)) its
judgment ((of the board)) will best reclaim the lands involved and
enter an order to that effect: PROVIDED, That said ((board)) county
legislative authority shall not modify the boundaries so as to except from
the operation of the district any territory within the boundaries outlined in
the petition, which is susceptible of irrigation by the same system of works
applicable to other lands in such proposed district and for which a water
supply is available; nor shall any lands which, in the judgment of said ((board))
county legislative authority, will not be benefited, be included within
such district; any lands included within any district, which have a partial or
full water right shall be given equitable credit therefor in the apportionment
of the assessments in this act provided for: AND PROVIDED FURTHER, That any
owner, whose lands are susceptible of irrigation from the same source, and in
the judgment of the ((board)) county legislative authority it is
practicable to irrigate the same by the proposed district system, shall, upon
application to the board at the time of the hearing, be entitled to have such
lands included in the district.
At said
hearing the ((board)) county legislative authority shall also
give the district a name and shall order that ((an)) a special
election be held therein for the purpose of determining whether or not the
district shall be organized under the provisions of this act and for the
purpose of electing directors. The special election shall be held at one of
the special election dates provided in RCW 29.13.020, and shall be conducted
under the general election laws of the state, except as is provided in this
chapter.
((The
clerk of the board of county commissioners shall then give)) Notice
of the election ((ordered to be held as aforesaid, which notice)) shall
describe the district boundaries as established, and shall give the name by
which said proposed district has been designated, and shall state the purposes
and objects of said election, and shall be published once a week, for at least
two weeks (three issues) prior to said election, in a newspaper of general
circulation published in the county where the petition aforesaid was presented;
and if any portion of said proposed district lies within another county or
counties, then said notice shall be published in like manner in a newspaper
within each of said counties. ((Said election notice shall also require the
electors to cast ballots which shall contain the words "Irrigation
District‑-Yes," and "Irrigation District‑-No," and
also the names of persons to be voted for as directors of the district:
PROVIDED, That where in this act publication is required to be made in a
newspaper of any county, the same may be made in a newspaper of general
circulation in such county, selected by the person or body charged with making
the publication and such newspaper shall be the official paper for such
purpose.))
Anyone who appears at the election site or sites and presents documentation that he or she is eligible to vote at the election, shall be given a ballot and allowed to vote. The record of these persons who voted at this election shall be the basis for the initial list of presumed eligible voters.
Persons who wish to run for director of the proposed district shall file for the office with the county auditor at least thirty days before the election as provided in section 4 of this 1986 act. No primary election may be held to formally nominate persons for director at this initial election.
Sec. 6. Section 3, chapter 57, Laws of 1955 and RCW 87.03.040 are each amended to read as follows:
((The
board of county commissioners shall meet on the second Monday after the
election and canvass the returns, and)) If it appears that at least
two-thirds of all the votes cast at the election on the creation of the
irrigation district are in favor of the district, the ((board))
county legislative authority shall by an order declare the district duly
organized and shall declare the qualified persons receiving the highest number
of votes to be duly elected directors, and shall cause a certified copy of the
order to be filed for record in the offices of the auditor and assessor of each
county in which any portion of the district is situated. From the date of the
filing the organization of the district shall be complete and the directors
may, upon qualifying, enter immediately upon the duties of their office, and
shall hold office until their successors are elected and qualified. Upon
filing the order, the county assessor shall write the name of the district on
the permanent tax roll in a column provided for that purpose opposite each
description of land in the district. Such column shall be carried forward each
year on the current tax roll. In the event of a change in the boundaries of a
district, the assessor shall note it in the column upon the tax roll.
Sec. 7. Section 14, chapter 192, Laws of 1961 and RCW 87.03.080 are each amended to read as follows:
An election
of directors in an irrigation district shall be held ((on the second Tuesday
of December)) at the general election of each year, and the term of
each director shall be three years from the first ((Tuesday)) day
of January following his election. The directors elected at the organization
election shall take office immediately upon their election and
qualification, and shall serve until their successors are elected and
qualified.
At the
first ((annual)) general election occurring ((thirty)) one
hundred eighty days or more after the date of the order establishing the
district, there shall be elected directors to succeed those chosen at the
organization election. Persons shall run for one of the three, five, or
seven director positions. If the board consists of three directors,
the winning candidate for any of the positions receiving the
highest number of votes shall serve a term of three years; the next highest,
two years; and the next highest, one year; or until their successors are
elected and qualified. In case of five directors, the two winning candidates
for any of the positions receiving the highest number of votes shall
each serve a term of three years; the next two highest, two years; and the next
highest, one year; or until their successors are elected and qualified.
In case of seven directors, the three winning candidates for any of
the positions receiving the highest number of votes shall each serve a term
of three years, the next two highest, two years, and the next two highest, one
year((,) ; or until their successors are elected and qualified.
Whenever a
district with three directors desires to increase the number of its directors
to five directors or whenever a district with five directors desires to
increase the number of its directors to seven directors, the board of
directors, acting on its own initiative or on the written petition of at least
twenty electors of the district, shall submit the question to the electors of
the district at a regular or special district election. In the event the
electors by a majority of the votes cast favor an increase in the number of
directors, there shall be elected at the next annual district election two
additional directors. The person ((receiving)) who is elected to one
of these two additional positions who receives the highest number of votes
shall serve for a three year term and the next highest, a two year term.
The number of directors may be decreased to five or three, as the case may be, substantially in the same manner as that provided for the increase of directors. In case of three directors the term of one director only shall expire annually.
Sec. 8. Section 15, chapter 192, Laws of 1961 and RCW 87.03.081 are each amended to read as follows:
A vacancy
in the office of director shall be filled by appointment by the ((board of))
county ((commissioners)) legislative authority of the county in
which the proceedings for the organization of the district were had. At the
next ((annual)) general election occurring ((thirty)) sixty
days or more after the date of the appointment, a successor shall be elected
who shall take office ((on the first Tuesday in January following)) immediately
after his or her election and qualification and shall serve for the
remainder of the unexpired term. Where the unexpired term of the vacant
position would expire at the end of the thirty-first day of December in the
year of the vacancy, there shall be no special election to fill the unexpired
term, and the person who is otherwise elected to that position shall take
office immediately after his or her election and qualification and shall serve
the remainder of the unexpired term, in addition to the new term for which he
or she is elected.
A director
appointed to fill a vacancy occurring after the expiration of the term of a
director shall serve until his successor is elected and qualified. At the next
election of directors occurring ((thirty)) sixty days or more
after the appointment, a successor shall be elected who shall take office on
the first ((Tuesday)) day in January next and shall serve for the
term for which he was elected.
((Failure
on the part of any irrigation district to hold one or more annual elections for
selection of officers, or otherwise to provide district officers shall not
dissolve the district or impair its powers, where later officers for the
district are appointed or elected and qualify as such and exercise the powers
and duties of their offices in the manner provided by law.))
Sec. 9. Section 7, chapter 138, Laws of 1923 and RCW 87.03.190 are each amended to read as follows:
Upon
receipt of said findings the district board shall thereupon finally determine
the plan of development and estimate and determine the amount of money to be
raised and ((shall)) immediately thereafter shall request that the
county auditor call a special election ((as provided by law)) to
be held at one of the special election dates specified in RCW 29.13.020.
Sec. 10. Section 15, page 679, Laws of 1889-90 as last amended by section 213, chapter 167, Laws of 1983 and RCW 87.03.200 are each amended to read as follows:
(1) At the election provided for in RCW 87.03.190, there shall be submitted to the electors of said district possessing the qualifications prescribed by law the question of whether or not the bonds of said district in the amount and of the maturities determined by the board of directors shall be issued. Bonds issued under the provisions of this act shall be serial bonds payable in legal currency of the United States in such series and amounts as shall be determined and declared by the board of directors in the resolution calling the election: PROVIDED, That the first series shall mature not later than ten years and the last series not later than forty years from the date thereof: PROVIDED FURTHER, That bonds, authorized by a special election held in the district under the provisions of a former statute, which has subsequent to said authorization been amended, but not issued prior to the amendment of said former statute, may be issued in the form provided in said former statute, and any such bonds heretofore or hereafter so issued and sold are hereby confirmed and validated.
((Notice
of such bond election must be given by publication of such notice in some
newspaper published in the county where the office of the board of directors of
such district is required to be kept, once a week for at least two weeks (three
times). Such notices must specify the time of holding the election, and the
amount and maturities of bonds proposed to be issued; and said election must be
held and the results thereof determined and declared in all respects as nearly
as practicable in conformity with the provisions of law governing the election
of the district officers: PROVIDED, That no informality in conducting such
election shall invalidate the same, if the election shall have been otherwise
fairly conducted.)) At such election the ballots shall contain the words
"Bonds Yes" and "Bonds No," or words equivalent thereto.
If a majority of the votes cast are cast "Bonds Yes," the board of
directors shall thereupon have authority to cause bonds in said amount and
maturities to be issued. If the majority of the votes cast at any bond
election are "Bonds No," the result of such election shall be so
declared and entered of record; but if contract is made or is to be made with
the United States as in RCW 87.03.140 provided, and bonds are not to be
deposited with the United States in connection with such contract, the question
submitted at such special election shall be whether contract shall be entered
into with the United States. The notice of election shall state under the
terms of what act or acts of congress contract is proposed to be made, and the
maximum amount of money payable to the United States for construction purposes
exclusive of penalties and interest. The ballots for such election shall
contain the words "Contract with the United States Yes" and
"Contract with the United States No," or words equivalent thereto.
And whenever thereafter said board, in its judgment, deems it for the best
interest of the district that the question of issuance of bonds for said
amount, or any amount, or the question of entering into a contract with the
United States, shall be submitted to said electors, it shall so declare, by
resolution recorded in its minutes, and may thereupon submit such question to
said electors in the same manner and with like effect as at such previous
election.
(2) All bonds issued under this act shall bear interest at such rate or rates as the board of directors may determine, payable semiannually on the first day of January and of July of each year. The principal and interest shall be payable at the office of the county treasurer of the county in which the office of the board of directors is situated, or if the board of directors shall so determine at the fiscal agency of the state of Washington in New York City, said place of payment to be designated in the bond. The bonds may be in such denominations as the board of directors may in its discretion determine, except that bonds other than bond number one of any issue shall be in a denomination that is a multiple of one hundred dollars. Such bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030. Said bonds shall be negotiable in form, signed by the president and secretary, and the seal of the district shall be affixed thereto. The printed, engraved, or lithographed facsimile signatures of the president and secretary of the district's board of directors shall be sufficient signatures on the bonds or any coupons: PROVIDED, That such facsimile signatures on the bonds may be used only after the filing, by the officer whose facsimile signature is to be used, with the secretary of state of his manual signature certified by him under oath, whereupon that officer's facsimile signature has the same legal effect as his manual signature: PROVIDED, FURTHER, That either the president of the board of directors' or the secretary's signature on the bonds shall be manually subscribed: AND PROVIDED FURTHER, That whenever such facsimile reproduction of the signature of any officer is used in place of the manual signature of such officer, the district's board of directors shall specify in a written order or requisition to the printer, engraver, or lithographer the number of bonds or any coupons upon which such facsimile signature is to be printed, engraved, or lithographed and the manner of numbering the bonds or any coupons upon which such signature shall be placed. Within ninety days after the completion of the printing, engraving, or lithographing of such bonds or any coupons, the plate or plates used for the purpose of affixing the facsimile signature shall be destroyed, and it shall be the duty of the district's board of directors, within ninety days after receipt of the completed bonds or any coupons, to ascertain that such plate or plates have been destroyed. Every printer, engraver, or lithographer who, with the intent to defraud, prints, engraves, or lithographs a facsimile signature upon any bond or any coupon without written order of the district's board of directors, or fails to destroy such plate or plates containing the facsimile signature upon direction of such issuing authority, shall be guilty of felony.
(3) Whenever the electors shall vote to authorize the issuance of bonds of the district such authorization shall nullify and cancel all unsold bonds previously authorized, and if the question is submitted to and carried by the electors at the bond election, any bond issue may be exchanged in whole or in part, at par, for any or all of a valid outstanding bond issue of the district when mutually agreeable to the owner or owners thereof and the district, and the amount of said last bond issue in excess, if any, of that required for exchange purposes, may be sold as in the case of an original issue. The bonds of any issue authorized to be exchanged in whole or in part for outstanding bonds shall state on their face the amount of such issue so exchanged, and shall contain a certificate of the treasurer of the district as to the amount of the bonds exchanged, and that said outstanding bonds have been surrendered and canceled: PROVIDED FURTHER, That where bonds have been authorized and unsold, the board of directors may submit to the qualified voters of the district the question of canceling said previous authorization, which question shall be submitted upon the same notice and under the same regulations as govern the submission of the original question of authorizing a bond issue. At such election the ballots shall contain the words "Cancellation Yes," and "Cancellation No," or words equivalent thereto. If at such election a majority of the votes shall be "Cancellation Yes," the said issue shall be thereby canceled and no bonds may be issued thereunder. If the majority of said ballots shall be "Cancellation No," said original authorization shall continue in force with like effect as though said cancellation election had not been held: PROVIDED, That bonds deposited with the United States in payment or in pledge may call for the payment of such interest at such rate or rates, may be of such denominations, and call for the repayment of the principal at such times as may be agreed upon between the board and the secretary of the interior.
(4) Each issue shall be numbered consecutively as issued, and the bonds of each issue shall be numbered consecutively and bear date at the time of their issue. The bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030. Said bonds shall express upon their face that they were issued by authority of this act, stating its title and date of approval, and shall also state the number of issue of which such bonds are a part. In case the money received by the sale of all bonds issued be insufficient for the completion of plans of the canals and works adopted, and additional bonds be not voted, or a contract calling for additional payment to the United States be not authorized and made, as the case may be, it shall be the duty of the board of directors to provide for the completion of said plans by levy of assessments therefor. It shall be lawful for any irrigation districts which have heretofore issued and sold bonds under the law then in force, to issue in place thereof an amount of bonds not in excess of such previous issue, and to sell the same, or any part thereof, as hereinafter provided, or exchange the same, or any part thereof, with the owners of such previously issued bonds which may be outstanding, upon such terms as may be agreed upon between the board of directors of the district and the holders of such outstanding bonds: PROVIDED, That the question of such reissue of bonds shall have been previously voted upon favorably by the legally qualified electors of such district, in the same manner as required for the issue of original bonds, and the said board shall not exchange any such bonds for a less amount in par value of the bonds received; all of such old issue in place of which new bonds are issued shall be destroyed whenever lawfully in possession of said board. Bonds issued under the provisions of this section may, when so authorized by the electors, include a sum sufficient to pay the interest thereon for a period not exceeding the first four years. Whenever an issue of bonds shall have been authorized pursuant to law, and any of the earlier series shall have been sold, and the later series, or a portion thereof, remain unsold, the directors may sell such later series pursuant to law, or such portion thereof as shall be necessary to pay the earlier series, or said directors may exchange said later series for the earlier series at not less than the par value thereof, said sale or exchange to be made not more than six months before the maturity of said earlier series and upon said exchange being made the maturing bonds shall be disposed of as hereinbefore provided in the case of bonds authorized to be exchanged in whole or in part for outstanding bonds.
(5) Notwithstanding subsections (1) through (4) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW.
Sec. 11. Section 41, page 692, Laws of 1889-90 as last amended by section 220, chapter 167, Laws of 1983 and RCW 87.03.470 are each amended to read as follows:
(1) The board of directors may, at any time when in their judgment it may be advisable, request that the county auditor call a special election at one of the special election dates specified in RCW 29.13.020 and submit to the qualified electors of the district the question whether or not a special assessment shall be levied for the purpose of raising money to be applied to any of the purposes provided in this chapter including any purpose for which the bonds of the district or the proceeds thereof might be lawfully used. Such election must be called upon the notice prescribed, and the same shall be held and the result thereof determined and declared in all respects in conformity with the provisions of RCW 87.03.200. The notice must specify the amount of money proposed to be raised and the purpose for which it is intended to be used and the number of installments in which it is to be paid. At such election the ballot shall contain the words "Assessment Yes" and "Assessment No." If the majority of the votes cast are "Assessment Yes" the board may immediately or at intervals thereafter incur indebtedness to the amount of said special assessment for any of the purposes for which the proceeds of said assessment may be used, and may provide for the payment of said indebtedness by the issue and sale of notes of the district to an amount equal to said authorized indebtedness, which notes shall be payable in such equal installments not exceeding three in number as the board shall direct. Said notes shall be payable by assessments levied at the time of the regular annual levy each year thereafter until fully paid. The amount of the assessments to be levied shall be ascertained by adding fifteen percent for anticipated delinquencies to the whole amount of the indebtedness incurred and interest. Each assessment so levied shall be computed and entered on the assessment roll by the secretary of the board, and collected at the same time and in the same manner as other assessments provided for herein, and when collected shall be paid to the county treasurer of the county to the credit of said district, for the purposes specified in the notice of such special election: PROVIDED, HOWEVER, That the board of directors may at their discretion issue said notes in payment for labor or material, or both, used in connection with the purposes for which such indebtedness was authorized. Notes issued under this section shall bear interest at a rate determined by the board, payable semiannually. Such notes may be in any form, including bearer notes or registered notes as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such notes may be issued and sold in accordance with chapter 39.46 RCW.
Sec. 12. Section 19, chapter 180, Laws of 1919 and RCW 87.03.535 are each amended to read as follows:
For the
purpose of organizing a consolidated irrigation district a petition signed by
fifty or a majority of the holders of title to, or evidence of title to land
susceptible of irrigation within the proposed district shall be presented to
the ((board of)) county ((commissioners)) legislative
authority of the county in which the lands or the greater portion thereof
are situated, which petition shall set forth and particularly describe the
proposed boundaries of such district, and the name of each existing irrigation
district proposed to be included therein, and shall pray that the territory
embraced within the boundaries of such proposed district may be organized as a
consolidated irrigation district. Such petition shall be accompanied by bond
as provided in RCW 87.03.020 and thereupon the same proceedings shall be had
for the organization of such consolidated district as is provided in ((RCW
87.03.020 and 87.03.035 through 87.03.045)) this chapter, and the
organization of such consolidated district shall be perfected in the same
manner as provided in this chapter for the organization of new districts,
except as otherwise provided in this section. The board of directors of each
irrigation district proposed to be included in such consolidated district shall
be served with a copy of the petition for the organization of such consolidated
district together with notice at the time and place of hearing of such
petition, at least twenty days prior to such hearing, and the ((board of))
county ((commissioners)) legislative authority upon the hearing
of such petition shall not grant the same or call an election if it shall
appear that the board of directors of any existing irrigation district proposed
to be included in such consolidated district have by resolution, regularly
passed and entered upon the minutes of the directors meetings of such district,
voted against the inclusion of such district into such proposed consolidated
district. The ((board of)) county ((commissioners)) legislative
authority upon the hearing of such petition, shall not modify the
boundaries of the proposed district to exclude any of the lands which are
contained in any of the existing districts proposed to be included in such
consolidated districts, and the order calling an election shall provide an
election by the electors of each existing district proposed to be included in
such consolidated district, and for an election by the electors of that part of
the proposed district not included in any existing district, but no elector may
cast more than one vote at such election. The election shall otherwise be
held pursuant to irrigation district election law. Such proposed district
shall not be declared organized unless two-thirds of all votes cast in each
existing district shall be Irrigation District‑-Yes, and unless
two-thirds of all the votes cast in that part of the proposed district not
included in any existing district shall be Irrigation District‑-Yes. If
the organization of such consolidated district is not effected the organization
of the district proposed to be included in such consolidated district shall not
be affected.
Sec. 13. Section 66, page 701, Laws of 1889-90 as last amended by section 41, chapter 129, Laws of 1921 and RCW 87.03.675 are each amended to read as follows:
If the
assent aforesaid of the holders of said bonds be filed and entered of record as
aforesaid, and if there be objections presented by any person showing cause as
aforesaid, which have not been withdrawn, then the board may request the
county auditor to order an election to be held in each district at one
of the special election dates specified in RCW 29.13.020 to determine
whether an order shall be made excluding said land from said district, or
excluding said former district from said consolidated district, as the case may
be, and such former district be reestablished, as mentioned in said
resolution. The notice of such election shall describe the boundary of all
lands, or shall give the corporate name and number of the former district,
which it is proposed to exclude, and such notice shall be published ((for at
least two weeks prior to such election, in a newspaper published within the
county where the office of the board of directors is situated; and)) as
provided in general law. If any portion of such territory to be excluded
lie within another county or counties, then said notice shall be so published
in a newspaper ((published)) in general circulation within each
of such counties. Such notice shall require the electors to cast ballots,
which shall contain the words "For exclusion" and "Against
exclusion", or words equivalent thereto. Such election shall be conducted
in the manner prescribed in this chapter for the holding of special elections
on the issuance of bonds. In every case where the petition is for the
exclusion of a former district from a consolidated district the resolution of
the board ordering an election shall provide for the holding of such election
separately in the territory comprising such former district and in the
territory comprising that portion of the consolidated district not included in
such former district, and for canvassing and counting of the votes cast at such
election separately.
Sec. 14. Section 14, chapter 94, Laws of 1957 and RCW 87.03.740 are each amended to read as follows:
Upon the
adoption of the resolution, the board shall ((order an)) request the
county auditor to call a special election held within the irrigation
district on the question of the proposed merger ((and shall fix the time
thereof and cause notice to be published)). The notice shall be given and
the election conducted in the manner as for special elections on a bond issue
of the district. The ballots shall contain the words "Merger, Yes"
and "Merger, No" or words equivalent thereto.
Sec. 15. Section 5, chapter 47, Laws of 1983 and RCW 87.03.834 are each amended to read as follows:
After demand made by a majority of the authority's members, the actions of an authority shall become subject to ratification and approval by the voters of its members in accordance with procedures agreed to by its members. Every contract establishing an authority shall provide appropriate procedures for ratification and approval of actions taken by the authority by the voters of its members. Elections in member irrigation districts shall be conducted pursuant to this chapter.
Sec. 16. Section 6, chapter 161, Laws of 1923 and RCW 87.19.020 are each amended to read as follows:
The notice
of election provided for in this chapter shall be given and said election held
in all respects in accordance with RCW 87.03.200((, except in first class
and class A counties, where the said notice and election shall be held in the
manner provided by law for such counties)).
Sec. 17. Section 3, chapter 79, Laws of 1897 and RCW 87.52.030 are each amended to read as follows:
Upon the
delivery of said petition the board of directors of said irrigation district
shall, at their next succeeding regular monthly meeting, ((order an)) request
the county auditor call a special election, ((the date of which election
shall be within twenty days from the date of said meeting of the board of
directors)) at one of the special election dates provided for in RCW
29.13.020 and which election shall be conducted as other elections of
irrigation districts are conducted. At said election the qualified electors of
said irrigation district shall cast ballots which shall contain the words
"Disorganize, Yes," or "Disorganize, No." No person shall
be entitled to vote at any election held under the provisions of RCW 87.52.010
through 87.52.060 unless he is a qualified voter under the election laws of the
state, and holds title or evidence of title to land in said district.
Sec. 18. Section 3, chapter 149, Laws of 1939 and RCW 87.52.090 are each amended to read as follows:
((Upon
the delivery of said petition, as aforesaid, the board of directors of said
district, the secretary thereof, and all other officials provided by law, shall
call, notice, conduct and canvass an election, and)) If three-fifths
of the votes cast at said election are in favor of the disorganization of the
district, ((shall proceed with)) the disorganization of the district shall
proceed, all in the manner, with the same powers and with the same force
and effect and in accordance with RCW 87.52.030 through 87.52.060.
Sec. 19. Section 4, chapter 237, Laws of 1951 and RCW 87.53.040 are each amended to read as follows:
The ((board
of commissioners of the)) county legislative authority shall at
their present or next regular meeting, call an election to submit to the
electors of the district the question of whether the district shall be so
dissolved. ((They shall direct the auditor to give notice of the election
and shall appoint the election officials.)) The election shall conform
with election requirements in chapter 87.03 RCW.
Sec. 20. Section 6, chapter 237, Laws of 1951 and RCW 87.53.060 are each amended to read as follows:
((The
election officials shall file with the auditor the returns within ten days of
the election, and at their next meeting the commissioners shall canvass the
returns, and)) If a majority of the votes cast favor dissolution,
the ((commissioners shall declare the election carried)) district
shall be dissolved. All records of the district shall, upon demand, be
delivered to the auditor.
NEW SECTION. Sec. 21. The following acts or parts of acts are each repealed:
(1) Section 1, chapter 201, Laws of 1951 and RCW 87.03.030;
(2) Section 2, chapter 105, Laws of 1961 and RCW 87.03.031;
(3) Section 3, chapter 105, Laws of 1961 and RCW 87.03.032;
(4) Section 4, chapter 105, Laws of 1961 and RCW 87.03.033;
(5) Section 5, chapter 105, Laws of 1961 and RCW 87.03.034;
(6) Section 2, chapter 57, Laws of 1955 and RCW 87.03.035;
(7) Section 5, page 674, Laws of 1889-90, section 2, chapter 168, Laws of 1984 and RCW 87.03.085;
(8) Section 6, page 674, Laws of 1889-90, section 1, chapter 60, Laws of 1931 and RCW 87.03.090;
(9) Section 7, page 675, Laws of 1889-90 and RCW 87.03.095;
(10) Section 8, page 675, Laws of 1889-90, section 2, chapter 208, Laws of 1981, section 2, chapter 345, Laws of 1981 and RCW 87.03.100;
(11) Section 9, page 676, Laws of 1889-90 and RCW 87.03.105;
(12) Section 10, page 676, Laws of 1889-90, section 4, chapter 165, Laws of 1895, section 4, chapter 165, Laws of 1913 and RCW 87.03.110; and
(13) Section 54, page 697, Laws of 1889-90 and RCW 87.03.590.