Revised Code of Washington
Chapter 36.94 - Sewerage, Water, and Drainage Systems.
36.94.170 - Authority of municipal corporations—Relinquishment of.

RCW 36.94.170
Authority of municipal corporations—Relinquishment of.

The primary authority to construct, operate and maintain a system of sewerage and/or water within the boundaries of a municipal corporation which lies within the area of the county's sewerage and/or water general plan shall remain with such municipal corporation. A county, after it has adopted and received the necessary approvals of its sewer and/or water general plan under the provisions of chapter 36.94 RCW may construct, own, operate and maintain a system of sewerage and/or water within the boundaries of a city or town with the written consent of such city or town and within any other municipal corporation provided such municipal corporation (1) has the legislative authority to operate such a utility; and (2)(a) has given its written consent to the county to operate therein; or (b) after adoption of a comprehensive plan or an amendment thereto for the area involved, the municipal corporation has not within twelve months after receiving notice by the county of its intention to serve that area held a formation hearing for a utility local improvement district.
Prior to exercising any authority granted in this section, the county shall compensate such municipal corporation for its reasonable costs, expenses and obligations actually incurred or contracted which are directly related to and which benefit the area which the county proposes to serve. The county may contract with a municipal corporation to furnish such utility service within any municipal corporation.
Except in the case of annexations provided for in RCW 36.94.180, once a county qualifies under this section to serve within a municipal corporation, no municipal corporation may construct or operate a competing utility in the same territory to be served by the county if the county proceeds within a reasonable period of time with the construction of its proposed facilities including the sale of any bonds to finance the same.
As may be permitted by other statutes, a city or town may provide water or sewer service outside of its corporate limits, but such service may not conflict with the county plan or any county, sewer or water facilities installed or being installed.
A county proposing to exercise any authority granted in this section shall give written notice of such intention to the municipal corporation involved and to the boundary review board, if any, of such county. Within sixty days of the filing of such notice of intention, review by the boundary review board of the proposed action may be requested as provided by the provisions of RCW 36.93.100 through 36.93.180. In the event of such review, the board shall consider the factors set forth in this section in addition to the factors and objectives set forth in RCW 36.93.170 and 36.93.180.

[ 1971 ex.s. c 96 § 7; 1967 c 72 § 17.]
NOTES:

Construction—Severability—1971 ex.s. c 96: See notes following RCW 36.94.010.

Structure Revised Code of Washington

Revised Code of Washington

Title 36 - Counties

Chapter 36.94 - Sewerage, Water, and Drainage Systems.

36.94.010 - Definitions.

36.94.020 - Purpose—Powers.

36.94.030 - Adoption of sewerage and/or water general plan as element of comprehensive plan.

36.94.040 - Incorporation of provisions of comprehensive plan in general plan.

36.94.050 - Review committee—Composition—Submission of plan or amendment to.

36.94.060 - Review committee—Chair, secretary—Rules—Quorum—Compensation of members.

36.94.070 - Review committee—Review of plan or amendments thereto—Report.

36.94.080 - Hearing by board—Notice—Filing general plan.

36.94.090 - Adoption, amendment or rejection of plan.

36.94.100 - Submission of plan or amendments thereto to certain state departments—Approval.

36.94.110 - Adherence to plan—Procedure for amendment.

36.94.120 - Establishment of department for administration of system—Personnel merit system.

36.94.130 - Adoption of rules and regulations.

36.94.140 - Authority of county to operate system—Rates and charges, fixing of—Factors to be considered—Assistance for low-income persons.

36.94.145 - Public property subject to rates and charges for stormwater control facilities.

36.94.150 - Lien for delinquent charges.

36.94.160 - Tax on gross revenues authorized.

36.94.170 - Authority of municipal corporations—Relinquishment of.

36.94.180 - Transfer of system upon annexation or incorporation of area.

36.94.190 - Contracts with other entities.

36.94.200 - Indebtedness—Bonds.

36.94.210 - Pledge for payment of principal and interest on revenue or general obligation bonds.

36.94.220 - Local improvement districts and utility local improvement districts—Establishment—Special assessments.

36.94.225 - Exemption of farm and agricultural land from special benefit assessments.

36.94.230 - Local improvement districts and utility local improvement districts—Initiation of district by resolution or petition—Publication—Notice to property owners—Contents.

36.94.232 - Local improvement districts and utility local improvement districts—Notice must contain statement that assessments may vary from estimates.

36.94.235 - Local improvement districts and utility local improvement districts—Sanitary sewer or potable water facilities—Notice to certain property owners.

36.94.240 - Local improvement districts and utility local improvement districts—Hearing—Improvement ordered—Divestment of power to order, time limitation—Assessment roll.

36.94.250 - Local improvement districts and utility local improvement districts—Notice of filing roll—Hearing on protests.

36.94.260 - Local improvement districts and utility local improvement districts—Hearing on protests—Order—Appeal.

36.94.270 - Local improvement districts and utility local improvement districts—Enlarged local district may be formed.

36.94.280 - Local improvement districts and utility local improvement districts—Conclusiveness of roll when approved—Adjustments to assessments if other funds become available.

36.94.290 - Local improvement districts and utility local improvement districts—Appellate review.

36.94.300 - Local improvement districts and utility local improvement districts—Segregation of special assessment—Fee—Costs.

36.94.305 - Service fees for sewers not constructed within ten years after voter approval—Credit against future assessments, service charges.

36.94.310 - Transfer of system from municipal corporation to county—Authorized.

36.94.320 - Transfer of system from municipal corporation to county—Assumption of indebtedness.

36.94.330 - Transfer of system from municipal corporation to county—Transfer agreement.

36.94.340 - Transfer of system from municipal corporation to county—Petition for court approval of transfer—Hearing—Decree.

36.94.350 - Transfer of system from municipal corporation to county—Dissolution of municipal corporation.

36.94.360 - Transfer of system from municipal corporation to county—RCW 36.94.310 through 36.94.350 deemed alternative method.

36.94.370 - Waiver or delay of collection of tap-in charges, connection or hookup fees for low income persons.

36.94.380 - Local improvement bonds—Local improvement guaranty fund—Payments—Assessments—Certificates of delinquency.

36.94.390 - Local improvement bonds—Local improvement guaranty fund—Subrogation—Interest—Purchase of real property at foreclosure sales.

36.94.400 - Local improvement bonds—Local improvement guaranty fund—Claims by bondholders—Transfer of cash balance to water and/or sewer maintenance fund.

36.94.410 - Transfer of system from county to water-sewer district.

36.94.420 - Transfer of system from county to water-sewer district—Annexation—Hearing—Public notice—Operation of system.

36.94.430 - Transfer of system from county to water-sewer district—Alternative method.

36.94.440 - Transfer of system from county to water-sewer district—Decree by superior court.

36.94.450 - Water conservation programs—Issuance of revenue bonds.

36.94.460 - Water conservation programs—Counties authorized to provide assistance to water customers.

36.94.470 - Storm or surface water drains or facilities—Annexation, incorporation of area by city or town—Imposition of rates and charges by county.

36.94.480 - Assumption of substandard water system—Limited immunity from liability.

36.94.490 - Cooperative watershed management.

36.94.900 - Declaration of purpose.

36.94.910 - Authority—Liberal construction of chapter—Modification of inconsistent acts.