Title 85, Title 85 DIKING AND DRAINAGE
15 chapters · 377 sections in this title.
RCW 85.38.001 Actions subject to review by boundary review board.
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The establishment of a drainage district, drainage improvement district, or drainage or diking improvement district may be subject to potential review by a boundary review board under chapter 36.93 RCW. Annexations, consolidations, or transfers of territory by a drainage district…
RCW 85.38.005 Purpose.
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The purpose of this chapter is to provide uniform and simplified procedures for the creation, elections, and operations of various special districts that provide diking, drainage, and flood control facilities and services. The legislature finds that it is in the public interest t…
RCW 85.38.010 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:(1) "Governing body" means the board of commissioners, board of supervisors, or board of directors of a special district.(2) "Owner of land" means the record owner of at l…
RCW 85.38.020 Establishment of special districts—Petition or resolution—Contents.
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The establishment of a special district may be initiated by either petition of the owners of property located within the proposed special district, or by resolution of the county legislative authority or authorities within which the proposed special district is located.A petition…
RCW 85.38.030 Investigation of proposed boundaries and districts—Report.
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Upon the filing of a valid petition or upon the adoption of the resolution, the county legislative authority shall direct the county engineer to investigate the proposed boundaries of the special district and the feasibility of the projects located in the county as proposed in th…
RCW 85.38.040 Proposed special districts—Public hearing—Notice.
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The county legislative authority shall schedule a public hearing on the proposed special district if the county engineer's report indicates that the proposed projects are feasible. If the engineers of each of the counties within which a proposed special district is located indica…
RCW 85.38.050 Public hearing—Elections.
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The county legislative authority or authorities shall conduct the public hearing at the date, time, and place indicated in the notice. Public hearings may be continued to other dates, times, and places specified by the county legislative authority or authorities before the adjour…
RCW 85.38.060 Elections—Notice—Costs.
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The county legislative authority or authorities shall cause an election on the question of creating the special district to be held if findings as provided in RCW 85.38.050 are made. The county legislative authority or authorities shall designate a time and date for such election…
RCW 85.38.070 Governing board—Terms of office—Election—Appointment—Vacancies—Qualifications.
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(1) Except as provided in RCW 85.38.090, each special district shall be governed by a three-member governing body. The term of office for each member of a special district governing body shall be six years and until his or her successor is elected and qualified. One member of the…
RCW 85.38.075 Governing body—Compensation and expenses.
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The members of the governing body may each receive up to ninety dollars per day or portion thereof spent in actual attendance at official meetings of the governing body or in performance of other official services or duties on behalf of the district. The governing body shall fix …
RCW 85.38.080 Governing body—Bond.
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Each member of a governing body of a special district, whether elected or appointed, shall enter into a bond, payable to the special district. The bond shall be in the sum of not less than one thousand dollars nor more than five thousand dollars, as determined by the county legis…
RCW 85.38.090 Governing body—Reduction in size.
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(1) Whenever the governing body of a special district has more than three members, the governing body shall be reduced to three members as of January 1, 1986, by eliminating the positions of those district governing body members with the shortest remaining terms of office. The re…
RCW 85.38.100 General elections.
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General elections shall be held in each special district on the first Tuesday after the first Monday in February in each even-numbered year. The auditor of the county within which a special district, or the largest portion of a special district, is located may provide for special…
RCW 85.38.105 Voting rights.
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(1) The owner of land located in a special district who is a qualified voter of the special district shall receive two votes at any election. This section does not apply to special flood control districts consisting of three or more counties.(2) If multiple undivided interests, o…
RCW 85.38.110 Presumed eligible voters' list—Notice of requirements of voting authority—Copy of voter's list to county auditor.
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A list of presumed eligible voters shall be prepared and maintained by each special district. The list shall include the assessor's tax number for each lot or parcel in the district, the name or the names of the owners of such lots and parcels and their mailing address, the exten…
RCW 85.38.115 Elections—When not required.
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No election shall be held to elect a member of a special district governing body, or to fill the remainder of an unexpired term which arose from a vacancy on the governing body, if no one or only one person files for the position.If only one person files for the position, he or s…
RCW 85.38.120 Elections—Auditor's assistance—Notice—Auditor's costs.
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The auditor of the county within which a special district, or the largest portion of a special district, is located shall assist such special district with its elections as provided in this section.(1) The county auditor shall publish notice of an election to create a special dis…
RCW 85.38.125 Elections—Auditor to conduct.
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(1) If a special district has less than five hundred qualified voters, then the special district must contract with the county auditor to conduct the special district elections.(2) If a special district has at least five hundred qualified voters, the special district may contract…
RCW 85.38.127 Elections—Special flood control districts—Qualified voters.
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All registered voters within a special flood control district consisting of three or more counties are qualified voters in special flood control district elections.[ 2009 c 144 s 2.]
RCW 85.38.130 Election officials—Duties—Voting hours—Challenged ballots—Absentee ballots.
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For special district elections that are not conducted by mail, the governing body of each special district shall appoint three voters of the special district, who may be members of the governing body, to act as election officials, unless the special district contracts with the co…
RCW 85.38.140 Special district financing—Alternative method.
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The process by which budgets are adopted, special assessments are measured and imposed, rates and charges are fixed, and assessment zones are established, as provided in RCW 85.38.140 through 85.38.170, shall constitute an alternative optional method of financing special district…
RCW 85.38.145 Rates and charges.
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Regardless of whether any special assessments have been or may be imposed on a particular parcel of real property pursuant to this chapter, in order to implement the authority granted under RCW 85.38.180(3), a special district may fix rates and charges payable by owners or occupi…
RCW 85.38.150 Special assessments—Valuation—Assessment zones—Criteria for assessments.
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(1) Special district special assessments shall be imposed only on real property within the district that uses or will use the special district's facilities or receives or will receive special benefits from the special district's operations and facilities. Both privately owned and…
RCW 85.38.160 Systems of assessment—Hearing—Notice—Adoption of ordinance—Appeals—Review—Emergency assessment.
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(1) The county within which each special district is located shall establish a system or systems of assessment for the special district as provided in this section. A differing system of assessment shall be established for different classes of facilities that a special district p…
RCW 85.38.165 Applicable assessed value.
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(1) Every special district must use the assessed value applicable to forestland, farm and agricultural land, or open space land, under chapter 84.33 or 84.34 RCW, when the land has been designated as such and the assessed value is used as a component in determining the district a…
RCW 85.38.170 Budgets—Special assessments—Notice—Delinquent special assessments—Collection fee.
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Budgets for each special district shall be adopted, and special assessments imposed, annually for the succeeding calendar year. On or before December 1st of each year, the governing body of the special district shall adopt a resolution approving a budget for the succeeding year a…
RCW 85.38.180 Special districts—Powers.
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A special district may:(1) Engage in flood control activities, and investigate, plan, construct, acquire, repair, maintain, and operate improvements, works, projects, and facilities necessary to prevent inundation or flooding from rivers, streams, tidal waters or other waters. Su…
RCW 85.38.190 Construction of improvements—When public bidding not required—Use of district employees or volunteers.
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Any proposed improvement or part thereof, not exceeding five thousand dollars in cost, may be constructed by district employees: PROVIDED, That this shall not restrict a special district from using volunteer labor and equipment on improvements, and providing reimbursement for act…
RCW 85.38.200 Annexation of contiguous territory—Procedures.
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(1) Territory that is contiguously located to a special district may be annexed by the special district as provided in this section under the petition and election, resolution and election, or direct petition method of annexation.(2) An annexation under the election method may be…
RCW 85.38.210 Consolidation of contiguous districts—Procedures.
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Two or more special districts that are contiguously located with each other, or which occupy all or part of the same territory, may consolidate as provided in this section. The consolidation shall result in the creation of a flood control district.A consolidation may be initiated…
RCW 85.38.213 Withdrawal of area within city or town.
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A special district may withdraw area from its boundaries that is located within the boundaries of a city or town, or area that includes area both within and adjacent to the boundaries of any city or town, under this section.(1) The withdrawal of area is authorized upon the follow…
RCW 85.38.215 Transfer of territory from one special district to another.
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Territory that is located in one special district may be transferred from that special district to another special district as provided in this section, if a portion of this territory is coterminous with a portion of the boundaries of the special district to which it is transferr…
RCW 85.38.217 Drainage and drainage improvement districts—Removal of area by first-class city—Notice.
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Any portion of a drainage district or drainage improvement district located within the boundaries of a first-class city operating a storm drain utility pursuant to RCW 35.67.030 may be removed from the drainage district or drainage improvement district by ordinance of the city. T…
RCW 85.38.220 Suspension of operations—Procedure—Reactivation.
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Any special district may have its operations suspended as provided in this section. The process of suspending a special district's operations may be initiated by: (1) The adoption of a resolution proposing such action by the governing body of the special district; (2) the filing …
RCW 85.38.225 Alternative dissolution procedure—Drainage and drainage improvement districts—Conditions.
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As an alternative to this chapter a drainage district or drainage improvement district located within the boundaries of a county storm drainage and surface water management utility, and which is not currently imposing assessments, may be dissolved by ordinance of the county legis…
RCW 85.38.230 Special assessment bonds authorized.
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A special district may issue special assessment bonds or notes to finance costs related to providing, improving, expanding, or enlarging improvements and facilities if the county legislative authority within which all or the major part of the special district is located authorize…
RCW 85.38.240 Special assessment bonds—Issuance—Terms.
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(1) Special assessment bonds and notes issued by special districts shall be issued and sold in accordance with chapter 39.46 RCW, except as otherwise provided in this chapter. The maximum term of any special assessment bond issued by a special district shall be twenty years. The …
RCW 85.38.250 Special assessment bonds—Guaranty fund.
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The governing body of a special district issuing special assessment bonds or notes may create and pay money into a special assessment bond guaranty fund to guaranty special assessment bonds and notes issued by the special district. A portion of the special assessments collected b…
RCW 85.38.260 Special assessment bonds—Refunding.
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A special district may issue funding or refunding special assessment bonds or notes to refund outstanding bonds or notes. Such funding or refunding bonds or notes shall be subject to the provisions of law governing other special assessment bonds or notes.[ 1986 c 278 s 21.]Notes:…
RCW 85.38.270 Special assessment bonds issued prior to July 1, 1986.
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Special assessment bonds or notes issued by a special district prior to July 1, 1986, shall continue to be retired and be subject to the laws under which they were issued.[ 1986 c 278 s 22.]Notes:Severability—1986 c 278: See note following RCW 36.01.010.
RCW 85.38.280 Cooperative watershed management.
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In addition to the authority provided throughout this title, diking, drainage, sewerage improvement, and similar districts organized pursuant to this title may participate in and expend revenue on cooperative watershed management actions, including watershed management partnershi…
RCW 85.38.290 Flood control districts—Three or more counties—Governing body.
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The following provisions apply to the governing bodies of flood control districts that, upon creation, have territory in three or more counties:(1) The governing body shall include one member from each county with territory in the district, and two additional members selected as …
RCW 85.38.901 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …