RCW 35.21.425
City constructing generating facility in other county—Reimbursement of county or school district—Reimbursement by cities with a population greater than five hundred thousand.
(1) Except as provided in subsection (2) of this section, whenever after March 17, 1955, any city shall construct hydroelectric generating facilities or acquire land for the purpose of constructing the same in a county other than the county in which such city is located, and by reason of such construction or acquisition shall (1) cause loss of revenue and/or place a financial burden in providing for the public peace, health, safety, welfare, and added road maintenance in such county, in addition to road construction or relocation as set forth in RCW 90.28.010 and/or (2) shall cause any loss of revenues and/or increase the financial burden of any school district affected by the construction because of an increase in the number of pupils by reason of the construction or the operation of said generating facilities, the city shall enter into an agreement with said county and/or the particular school district or districts affected for the payment of moneys to recompense such losses or to provide for such increased financial burden, upon such terms and conditions as may be mutually agreeable to the city and the county and/or school district or districts.
(2)(a) Whenever after March 17, 1955, a municipal owned utility located in a city with a population greater than five hundred thousand people constructs or operates hydroelectric generating facilities or acquires land for the purpose of constructing or operating the same in a county other than the county in which the city is located must enter into an agreement with the county affected for the annual payment of moneys to recompense such losses, as provided under subsection (1) of this section.
(b)(i) In the event an agreement entered into under this section between a county and the governing body of either a city with a population greater than five hundred thousand people or a municipal utility owned by a city with a population greater than five hundred thousand people expires prior to the adoption of a new agreement between the parties, the city or utility must continue to make compensatory payments calculated based on the payment terms set forth in the most recent expired compensation contract between the city and the county until such time as a new agreement is entered into by the parties.
(ii) In the event an agreement entered into under this section between a county and the governing body of either a city with a population greater than five hundred thousand people or a municipal utility owned by a city with a population greater than five hundred thousand people expired prior to June 10, 2010, the city shall be indebted to the county for any resulting arrearage accruing from the time of the expiration of the agreement until such time as a new agreement is entered into by the parties. The dollar amount of such arrearage shall be calculated retroactively by reference to the payment terms set forth in the most recent expired compensation agreement between the city and the county.
(c) In the event an agreement entered into under this section between a county and the governing body of either a city with a population greater than five hundred thousand people or a municipal utility owned by a city with a population greater than five hundred thousand people expires, or has expired prior to June 10, 2010, and the county and the city are unable to reach agreement on a new agreement within six months of such expiration, then either the county or the city may initiate the arbitration procedures set forth in RCW 35.21.426 by serving a written notice of intent to arbitrate on the other. Arbitration must commence within sixty days of service of such notice, and must follow the arbitration procedures as provided in RCW 35.21.426. The city is responsible for the costs of arbitration, including compensation for the arbitrators' services, and the city and the county shall bear their own costs for attorneys' fees and their own costs of litigation.
[ 2010 c 199 § 2; 1965 c 7 § 35.21.425. Prior: 1955 c 252 § 1.]
Structure Revised Code of Washington
Chapter 35.21 - Miscellaneous Provisions.
35.21.005 - Sufficiency of petitions.
35.21.010 - General corporate powers—Towns, restrictions as to area.
35.21.015 - Salary commissions.
35.21.020 - Auditoriums, art museums, swimming pools, etc.—Power to acquire.
35.21.030 - Auxiliary water systems for protection from fire.
35.21.070 - Cumulative reserve fund—Authority to create.
35.21.080 - Cumulative reserve fund—Annual levy for—Application of budget law.
35.21.085 - Payrolls fund—Claims fund.
35.21.086 - Payrolls fund—Transfers from insolvent funds.
35.21.087 - Employee checks, drafts, warrants—City, town may cash.
35.21.088 - Equipment rental fund.
35.21.090 - Dikes, levees, embankments—Authority to construct.
35.21.100 - Donations—Authority to accept and use.
35.21.110 - Ferries—Authority to acquire and maintain.
35.21.120 - Solid waste handling system—Contracts.
35.21.130 - Solid waste or recyclable materials collection—Ordinance.
35.21.135 - Solid waste or recyclable materials collection—Curbside recycling—Reduced rate.
35.21.140 - Garbage—Notice of lien—Foreclosure.
35.21.150 - Garbage—Lien—Priority.
35.21.152 - Solid waste handling—Agreements—Purposes—Terms and conditions.
35.21.154 - Solid waste—Compliance with chapter 70A.205 RCW required.
35.21.157 - Solid waste collection—Rate increase notice.
35.21.160 - Jurisdiction over adjacent waters.
35.21.163 - Penalty for act constituting a crime under state law—Limitation.
35.21.165 - Driving while under the influence of liquor or drug—Minimum penalties.
35.21.175 - Offices to be open certain days and hours.
35.21.180 - Ordinances—Adoption of codes by reference.
35.21.185 - Ordinances—Information pooling.
35.21.190 - Parkways, park drives, and boulevards.
35.21.192 - Urban agriculture zone.
35.21.194 - Community gardens.
35.21.200 - Residence qualifications of appointive officials and employees.
35.21.203 - Recall sufficiency hearing—Payment of defense expenses.
35.21.205 - Liability insurance for officials and employees.
35.21.207 - Liability insurance for officers and employees authorized.
35.21.209 - Insurance and workers' compensation for offenders performing community restitution.
35.21.210 - Sewerage, drainage, and water supply.
35.21.215 - Powers relative to systems of sewerage.
35.21.217 - Utility services—Deposit—Tenants' delinquencies—Notice—Lien.
35.21.220 - Sidewalks—Regulation of use of.
35.21.225 - Transportation benefit districts.
35.21.230 - Streets over tidelands declared public highways.
35.21.240 - Streets over tidelands—Control of.
35.21.250 - Streets and alleys over first-class tidelands—Control of.
35.21.260 - Streets—Annual report to secretary of transportation.
35.21.270 - Streets—Records of funds received and used for construction, repair, maintenance.
35.21.275 - Street improvements—Provision of supplies or materials.
35.21.278 - Contracts with community service organizations for public improvements—Limitations.
35.21.280 - Tax on admissions—Exceptions.
35.21.290 - Utility services—Lien for—Emergency declaration.
35.21.305 - Utility connection charges—Waiver for low-income persons.
35.21.310 - Removal of overhanging or obstructing vegetation—Removal, destroying debris.
35.21.315 - Amateur radio antennas—Local regulation to conform with federal law.
35.21.320 - Warrants—Interest rate—Payment.
35.21.333 - Chief of police or marshal—Eligibility requirements.
35.21.334 - Chief of police or marshal—Background investigation.
35.21.335 - Chief of police or marshal—Vacancy.
35.21.340 - Cemeteries and funeral facilities.
35.21.350 - Civil service in police and fire departments.
35.21.360 - Eminent domain by cities and towns.
35.21.370 - Joint county and city hospitals.
35.21.380 - Joint county and city buildings.
35.21.390 - Public employment, civil service and pensions.
35.21.392 - Contractors—Authority of city to verify registration and report violations.
35.21.395 - Historic preservation—Authorization to acquire property, borrow money, issue bonds, etc.
35.21.403 - Authority to establish lake and beach management districts.
35.21.404 - Fish enhancement project—City's or town's liability.
35.21.407 - Abandoned or derelict vessels.
35.21.409 - Transfer of ownership of a city or town-owned vessel—Further requirements.
35.21.418 - Hydroelectric reservoir extending across international boundary—Commission—Powers.
35.21.427 - City constructing generating facility in other county—Additional findings—Renegotiation.
35.21.440 - Utilities—Additional payments to school districts having bonded indebtedness.
35.21.450 - Utilities—Payment of taxes.
35.21.455 - Locally regulated utilities—Attachments to poles.
35.21.465 - Crop purchase contracts for dedicated energy crops.
35.21.475 - Statement of restrictions applicable to real property.
35.21.500 - Compilation, codification, revision of city or town ordinances—Scope of codification.
35.21.510 - Compilation, codification, revision of city or town ordinances—Authorized.
35.21.530 - Compilation, codification, revision of city or town ordinances—Filing—Notice of hearing.
35.21.560 - Compilation, codification, revision of city or town ordinances—Adoption of new material.
35.21.630 - Youth agencies—Establishment authorized.
35.21.650 - Prepayment of taxes or assessments authorized.
35.21.680 - Participation in Economic Opportunity Act programs.
35.21.685 - Low-income housing—Loans and grants.
35.21.686 - Tiny house communities.
35.21.690 - Authority to regulate auctioneers—Limitations.
35.21.692 - Authority to regulate massage therapists—Limitations.
35.21.695 - Authority to own and operate professional sports franchise.
35.21.696 - Newspaper carrier regulation.
35.21.698 - Regulation of financial transactions—Limitations.
35.21.700 - Tourist promotion.
35.21.703 - Economic development programs.
35.21.711 - License fees or taxes on certain business activities—Excess rates authorized by voters.
35.21.712 - License fees or taxes on telephone business to be at uniform rate.
35.21.715 - Taxes on network telephone services.
35.21.717 - Taxation of internet access—Moratorium.
35.21.718 - State route No. 16—Tax on operation prohibited.
35.21.720 - City contracts to obtain sheriff's office law enforcement services.
35.21.730 - Public corporations—Powers of cities, towns, and counties—Administration.
35.21.740 - Public corporations—Exercise of powers, authorities, or rights—Territorial jurisdiction.
35.21.745 - Public corporations—Provision for, control over—Powers.
35.21.750 - Public corporations—Insolvency or dissolution.
35.21.755 - Public corporations—Exemption or immunity from taxation—In lieu excise tax.
35.21.756 - Tax exemption—Sales/leasebacks by regional transit authorities.
35.21.757 - Public corporations—Statutes to be construed consistent with state Constitution.
35.21.759 - Public corporations, commissions, and authorities—Applicability of general laws.
35.21.760 - Legal interns—Employment authorized.
35.21.766 - Ambulance services—Establishment authorized.
35.21.7661 - Study and review of ambulance utilities.
35.21.768 - Ambulance services—Excise taxes authorized—Use of proceeds.
35.21.769 - Levy for emergency medical care and services.
35.21.772 - Fire department volunteers—Holding public office—Definitions.
35.21.775 - Provision of fire protection services to state-owned facilities.
35.21.778 - Existing contracts for fire protection services and equipment not abrogated.
35.21.800 - Foreign trade zones—Legislative finding, intent.
35.21.820 - Acquisition and disposal of vehicles for commuter ride sharing by city employees.
35.21.830 - Controls on rent for residential structures—Prohibited—Exceptions.
35.21.840 - Taxation of motor carriers of freight for hire—Allocation of gross receipts.
35.21.845 - Taxation of motor carriers of freight for hire—Tax allocation formula.
35.21.850 - Taxation of motor carriers of freight for hire—Limitation—Exceptions.
35.21.865 - Electricity, telephone, or natural gas business—Limitations on tax rate changes.
35.21.871 - Tax on telephone business—Deferral of rate reduction.
35.21.873 - Procedure to correct erroneous mobile telecommunications service tax.
35.21.875 - Designation of official newspaper.
35.21.880 - Right-of-way donations—Credit against required improvements.
35.21.890 - Boundary changes—Providing factual information—Notice to boundary review board.
35.21.895 - Regulation of automatic number or location identification—Prohibited.
35.21.900 - Authority to transfer real property.
35.21.905 - Consultation with public utilities for water-sewer facility relocation projects.
35.21.910 - Community athletics programs—Sex discrimination prohibited.
35.21.925 - Supplemental transportation improvements.
35.21.930 - Community assistance referral and education services program.
35.21.935 - Warrant officers—Training requirements—Authority.
35.21.940 - Failing septic systems—Connection to public sewer systems—Appeals process.
35.21.945 - Water storage asset management services—Procurement.
35.21.950 - Final determination on state highway project permits.
35.21.955 - Nuisance abatement—Special assessment—Notice requirements.
35.21.960 - Removal of restrictive covenants—Hearing, notice.
35.21.965 - Voluntary change to electoral system.
35.21.980 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.