Revised Code of Washington
Chapter 87.03 - Irrigation Districts Generally.
87.03.485 - Local improvement districts—Notice—Hearing—Initiation by board, procedure.

RCW 87.03.485
Local improvement districts—Notice—Hearing—Initiation by board, procedure.

In the event that the board approves the petition, the board shall fix a time and place for the hearing thereof and shall publish a notice once a week for two consecutive weeks preceding the date of such hearing and the last publication shall not be more than seven days before such date and shall mail such a notice on or before the second publication date by first-class mail, postage prepaid, to each owner or reputed owner of real property within the proposed local improvement district, as shown on the rolls of the county treasurer as of a date not more than twenty days immediately prior to the date such notice was mailed. Such notice must be published in a newspaper of general circulation in each county in which any portion of the land proposed to be included in such local improvement district lies. Such notice shall state that the lands within the described boundaries are proposed to be organized as a local improvement district, stating generally the nature of the proposed improvement; that bonds for such local improvement district are proposed to be issued as the bonds of the irrigation district, or that a contract is proposed to be entered into between the district and the United States or the state of Washington, or both, that the lands within the local improvement district are to be assessed for such improvement, that such bonds or contract will be the obligation of such local improvement district and stating a time and place of hearing thereon. At the time and place of hearing named in the notice, all persons interested may appear before the board and show cause for or against the formation of the proposed improvement district and the issuance of bonds or the entering into of a contract as aforesaid. The board may designate a hearing officer to conduct the hearing, and the hearing officer shall report recommendations on the establishment of the local improvement district to the board for final action. Upon the hearing the board shall determine as to the establishment of the proposed local improvement district. Any landowner whose lands can be served or will be benefited by the proposed improvement, may make application to the board at the time of hearing to include such land and the board of directors in such cases shall, at its discretion, include such lands within such district. The board of directors may exclude any land specified in the notice from the district provided, that in the judgment of the board, the inclusion thereof will not be practicable.
As an alternative plan and subject to all of the provisions of this chapter, the board of directors may initiate the organization of a local improvement district as herein provided. To so organize a local improvement district the board shall adopt and record in its minutes a resolution specifying the lands proposed to be included in such local improvement district or by describing the exterior boundaries of such proposed district or by both. The resolution shall state generally the plan, character and extent of the proposed improvements, that the land proposed to be included in such improvement district will be assessed for such improvements; and that local improvement district bonds of the irrigation district will be issued or a contract entered into as hereinabove in this section provided to meet the cost thereof and that such bonds or contract will be the obligation of such local improvement district. The resolution shall fix a time and place of hearing thereon and shall state that unless a majority of the holders of title or of evidence of title to lands within the proposed local improvement district file their written protest at or before the hearing, consent to the improvement will be implied.
A notice containing a copy of the resolution must be published once a week for two consecutive weeks preceding the date of such hearing and the last publication shall not be more than seven days before such date, and shall be mailed on or before the second publication date by first-class mail, postage prepaid, to each owner or reputed owner of real property within the proposed local improvement district, as shown on the rolls of the county treasurer as of a date not more than twenty days immediately prior to the date such notice was mailed, and the hearing thereon shall not be held in less than twenty days from the adoption of such resolution. Such notice must be published in one newspaper, of general circulation, in each county in which any portion of the land proposed to be included in such local improvement district lies. The hearing shall be held and all subsequent proceedings conducted in accordance with the provisions of this act relating to the organization of local improvement districts initiated upon petition.

[ 2013 c 177 § 4; 1983 c 167 § 222; 1979 ex.s. c 185 § 7; 1970 ex.s. c 70 § 1; 1921 c 129 § 26; 1917 c 162 § 11; RRS § 7461. Formerly RCW 87.36.020 and 87.36.030.]
NOTES:

Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.


Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013.

Structure Revised Code of Washington

Revised Code of Washington

Title 87 - Irrigation

Chapter 87.03 - Irrigation Districts Generally.

87.03.001 - Actions subject to review by boundary review board—Exceptions.

87.03.005 - District proposed—Powers, when organized.

87.03.010 - Certain purposes for which district may be formed.

87.03.013 - Development of hydroelectric generation capabilities—Legislative finding, intent—Limitation.

87.03.015 - Certain powers of district enumerated.

87.03.0155 - Contract and formation powers.

87.03.016 - District may provide street lighting—Limitations.

87.03.017 - District may assist residential owners in financing for conservation of energy—When—Plan—Limitations.

87.03.0175 - District assistance for conservation, improvement, preservation, and efficient use.

87.03.018 - Creation of legal authority to carry out powers—Method—Indebtedness.

87.03.019 - Cooperative watershed management.

87.03.020 - Organization of district—Petition—Bond—Notice—Hearing—Order—Notice of election.

87.03.025 - State lands situated in or taken into district—Procedure—Assessments, collection.

87.03.030 - Elections are governed by irrigation district laws.

87.03.031 - Absentee voting—Certification of inconvenience.

87.03.032 - Absentee voting—Notice of election, contents—Ballot and form of certificate of qualifications to be furnished.

87.03.033 - Absentee voting—Requirements for ballot to be counted—Statement of qualifications—Form of ballot.

87.03.034 - Absentee voting—How incoming ballots are handled—Canvass—Statement of result of both regular and absentee ballots.

87.03.035 - Elections to form district—How conducted.

87.03.040 - Elections to form district—Canvass of returns—Order.

87.03.045 - Qualifications of voters and directors—Districts of two hundred thousand acres.

87.03.051 - Qualifications of voters and directors—Districts of less than two hundred thousand acres.

87.03.071 - Certain districts—Individual ownerships—Two votes.

87.03.075 - Ballots in all elections—Declaration of candidacy—Petition of nomination—When election not required.

87.03.080 - Directors—Election—Terms—Increase and decrease.

87.03.081 - Directors—Vacancies, how filled.

87.03.082 - Directors—Oaths of office—Secretary.

87.03.083 - Directors—Recall and discharge.

87.03.085 - Post-organization district elections—Election boards—Notice.

87.03.090 - Post-organization district elections—Election officers—Voting hours.

87.03.095 - Post-organization district elections—Counting votes—Record of ballots.

87.03.100 - Post-organization district elections—Certification of returns—Preservation for recount.

87.03.105 - Post-organization district elections—Canvass.

87.03.110 - Post-organization district elections—Statement of result of election—Certificate of election.

87.03.115 - Organization of board—Meetings—Quorum—Certain powers and duties.

87.03.120 - System of drainage, sanitary sewers, or sewage disposal or treatment plants—Question—Notice—Meeting—Resolution.

87.03.125 - System of drainage, sanitary sewers, or sewage disposal or treatment plants—Powers upon passage of resolution.

87.03.130 - District change of name.

87.03.135 - Sale or lease of district personal property.

87.03.136 - Sale or lease of district real property.

87.03.137 - Purchase or condemnation for developing hydroelectric generation capabilities—Limitations.

87.03.138 - Civil immunity of directors, officers, employees, or agents for good faith performance of official duties.

87.03.139 - Lawful disposal of sewage and waste by others—Immunity.

87.03.140 - Board's powers and duties generally—Condemnation procedure.

87.03.145 - Condemnation—Finding of benefits and damages—Judgment—Costs.

87.03.150 - Condemnation—Title acquired by district.

87.03.155 - Conveyances—Actions by and against district.

87.03.158 - Officers, employees, agents—Legal representation—Costs of defense.

87.03.160 - Group insurance—Purchase.

87.03.162 - Liability insurance for officials and employees.

87.03.165 - Proposed works—Surveys, maps and plans to be prepared.

87.03.170 - Proposed works—Certification filed with director of ecology.

87.03.175 - Proposed works—Director's findings to district board.

87.03.180 - Proposed works—Substance of director's findings.

87.03.185 - Proposed works—Reclamation Service may make findings.

87.03.190 - Proposed works—Plan of development—Special election.

87.03.195 - Proposed works—Certain irrigation districts excepted.

87.03.200 - Bonds—Election for—Form and contents—Exchange—Cancellation—Sale and issue—Reissue—Election concerning contract with United States—Penalty.

87.03.205 - Sections exclusive of other bonding methods—Validation.

87.03.210 - Sale or pledge of bonds.

87.03.215 - Payment of bonds and interest, other indebtedness—Lien, enforcement of—Scope of section.

87.03.235 - Rights of federal agencies as to certain district bonds.

87.03.240 - Assessments, how and when made—Assessment roll.

87.03.245 - Deputy secretaries for assessment.

87.03.250 - Assessment roll to be filed—Notice of equalization.

87.03.255 - Equalization of assessments.

87.03.260 - Levies, amount—Special funds—Failure to make levy, procedure.

87.03.265 - Lien of assessment.

87.03.270 - Assessments, when delinquent—Assessment book, purpose—Statement of assessments due—Collection—Additional fee for delinquency.

87.03.271 - Lien for delinquent assessment to include costs and interest.

87.03.272 - Secretary may act as collection agent of nondelinquent assessments—Official bond—Collection procedure—Delinquency list.

87.03.275 - Medium of payment of assessments.

87.03.277 - Payment by credit cards, charge cards, and other electronic communication.

87.03.280 - Cancellation of assessments due United States—Procedure.

87.03.285 - Segregation of assessment—Authorization.

87.03.290 - Segregation of assessment—Hearing.

87.03.295 - Segregation of assessment—Notice of hearing.

87.03.300 - Segregation of assessment—Order.

87.03.305 - Segregation of assessment—Amendment of roll—Effect.

87.03.420 - Evidence of assessment, what is.

87.03.430 - Bonds—Interest payments.

87.03.435 - Construction work—Notice—Bids—Contracts—Bonds.

87.03.436 - Small works roster.

87.03.437 - Competitive bids—Use of purchase contract process in RCW 39.04.190.

87.03.438 - "County treasurer," "treasurer of the county," defined.

87.03.440 - Treasurer—County treasurer as ex officio district treasurer—Designated district treasurer—Duties and powers—Bond—Claims—Preliminary notice requirements when claim for crop damage.

87.03.441 - Temporary funds.

87.03.442 - Bonds of secretary and depositaries.

87.03.443 - Upgrading and improvement fund authorized—Deposits—Use of funds.

87.03.445 - Acquisition, construction, and operating funds—Tolls and assessments, alternative methods of—Liens, foreclosure of—Delinquencies by tenants.

87.03.450 - Income from sale of electricity.

87.03.455 - District's right to cross other property.

87.03.460 - Compensation and expenses of directors, officers, employees.

87.03.470 - Special assessments—Election—Notes.

87.03.475 - Power as to incurring indebtedness.

87.03.480 - Local improvement districts—Petition.

87.03.485 - Local improvement districts—Notice—Hearing—Initiation by board, procedure.

87.03.486 - Local improvement districts—Notice to contain statement that assessments may vary from estimates.

87.03.487 - Local improvement districts—Sanitary sewer or potable water facilities—Notice to certain property owners.

87.03.490 - Local improvement districts—Adoption of plan—Bonds, form and contents—New lands may be included.

87.03.492 - Local improvement districts—Bonds, valid claim—General indebtedness.

87.03.495 - Local improvement districts—Costs of the improvement—Assessments—Disposal of bonds.

87.03.500 - Local improvement districts—Payment of bonds.

87.03.505 - Local improvement districts—L.I.D. unable to pay costs—Survey—Reassessments.

87.03.510 - Local improvement districts—Irrigation district L.I.D. guarantee fund.

87.03.515 - Local improvement districts—Refunding bonds.

87.03.520 - Local improvement districts—Contracts with state or United States for local improvement work.

87.03.522 - Irrigation district authorized to finance local improvements with general district funds.

87.03.525 - Local improvement districts—Provisions applicable to districts formerly organized.

87.03.526 - Local improvement districts—Safeguarding open canals or ditches—Assessments and benefits.

87.03.527 - Local improvement districts—Alternative methods of formation.

87.03.530 - Consolidation of irrigation districts—Authorization—Merger of smaller irrigation districts.

87.03.535 - Consolidation of irrigation districts—Proceedings for consolidation—Elections.

87.03.540 - Consolidation of irrigation districts—Directors—Disposition of affairs of included districts.

87.03.545 - Consolidation of irrigation districts—Obligations of included districts unaffected.

87.03.550 - Consolidation of irrigation districts—Property vested in new district—Credit.

87.03.551 - Consolidation of irrigation districts—Procedures supplemental to boundary change provisions.

87.03.553 - Consolidated local improvement districts for bond issuance.

87.03.555 - Change of boundaries authorized—Effect.

87.03.560 - Adding lands to district—Petition, contents—Acknowledgment.

87.03.565 - Adding lands to district—Notice—Contents—Service.

87.03.570 - Adding lands to district—Hearing—Assent.

87.03.575 - Adding lands to district—Payment for benefits received required.

87.03.580 - Adding lands to district—Order.

87.03.585 - Adding lands to district—Resolution.

87.03.590 - Adding lands to district—Election—Notice—How conducted.

87.03.595 - Adding lands to district—Order changing boundaries—Record.

87.03.600 - Adding lands to district—Change of boundaries recorded—Effect.

87.03.605 - Adding lands to district—Petition to be recorded—Admissible as evidence.

87.03.610 - Adding lands to district—Guardian, administrator or executor may act.

87.03.615 - Adding lands to districts of two hundred thousand acres—Petition.

87.03.620 - Adding lands to districts of two hundred thousand acres—Time and place of hearing—Notice.

87.03.625 - Adding lands to districts of two hundred thousand acres—Contents of notice.

87.03.630 - Adding lands to districts of two hundred thousand acres—Hearing—Order including lands.

87.03.635 - Adding lands to districts of two hundred thousand acres—Denial of petition.

87.03.640 - Adding lands to districts of two hundred thousand acres—Order filed—Effect.

87.03.645 - Exclusion of lands from district—Effect.

87.03.650 - Exclusion of lands from district—Petition to exclude lands—Contents.

87.03.655 - Exclusion of lands from district—Notice—Contents—Service.

87.03.660 - Exclusion of lands from district—Hearing—Assent.

87.03.665 - Exclusion of lands from district—Order denying or granting petition.

87.03.670 - Exclusion of lands from district—Assent of bondholders.

87.03.675 - Exclusion of lands from district—Order for election—Notice—Conduct of election.

87.03.680 - Exclusion of lands from district—Procedure following election—Order of exclusion.

87.03.685 - Exclusion of lands from district—Orders to be recorded—Effect.

87.03.690 - Exclusion of lands from district—Guardian, executor or administrator may sign and acknowledge.

87.03.695 - Exclusion of lands from district—Refunds—Cancellation of assessments.

87.03.700 - Connecting system to lower drainage district—Procedure.

87.03.705 - Connecting system to lower drainage district—Negative finding by jury or court.

87.03.710 - Connecting system to lower drainage district—Affirmative finding by jury or court—Assessments.

87.03.715 - Connecting system to lower drainage district—Increased maintenance costs.

87.03.720 - Merger of district with drainage, joint drainage, consolidated drainage improvement, or water-sewer district—Power to assent.

87.03.725 - Merger of district with drainage, joint drainage, consolidated drainage improvement, or water-sewer district—Notice—Contents—Publication—Show cause against merger.

87.03.730 - Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Hearing—Failure to show cause deemed assent.

87.03.735 - Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Assent, refusal to assent—Effect of show cause against merger.

87.03.740 - Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Election.

87.03.745 - Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Order of assent or refusal—Filing.

87.03.750 - Exclusion of nonirrigable land when state holds all outstanding bonds—Resolution.

87.03.755 - Exclusion of nonirrigable land when state holds all outstanding bonds—Notice of hearing—Contents.

87.03.760 - Exclusion of nonirrigable land when state holds all outstanding bonds—Adoption of resolution—Appellate review.

87.03.765 - Exclusion of nonirrigable land when state holds all outstanding bonds—Indebtedness may be reduced.

87.03.770 - Exclusion of nonirrigable land when state holds all outstanding bonds—Reconveyance of excluded land formerly foreclosed to district.

87.03.775 - Map of district.

87.03.780 - Proceedings for judicial confirmation—Authorization.

87.03.785 - Proceedings for judicial confirmation—Petition—Contents.

87.03.790 - Proceedings for judicial confirmation—Notice of hearing.

87.03.795 - Proceedings for judicial confirmation—Demurrer or answer—Procedure.

87.03.800 - Proceedings for judicial confirmation—Jurisdiction of court—Order—Costs.

87.03.805 - Proceedings for judicial confirmation—Appeal.

87.03.810 - Lump sum payment to district for irrigable lands acquired for highway purposes.

87.03.815 - Lump sum payment to district for irrigable lands acquired for highway purposes—Order relieving further district assessments.

87.03.820 - Disposal of real property—Right of adjacent owners.

87.03.825 - Hydroelectric resources—Development—Legislative findings.

87.03.828 - Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts—Powers.

87.03.831 - Hydroelectric resources—Separate legal authority—Procedures for membership and for construction and acquisition of facilities.

87.03.834 - Hydroelectric resources—Separate legal authority—Voter ratification of actions.

87.03.837 - Hydroelectric resources—Separate legal authority—Repayment of indebtedness—Powers.

87.03.840 - Chapter supplementary—When.

87.03.845 - Merger of minor irrigation district into major irrigation district—Proceedings to initiate—Notice—Hearing.

87.03.847 - Merger of minor irrigation district into major irrigation district—Denial or adoption of request for merger—Notice—Elections—Notification of merger.

87.03.849 - Merger of minor irrigation district into major irrigation district—Board of directors—Transfer of property and assets.

87.03.851 - Merger of minor irrigation district into major irrigation district—Bonds or obligations not impaired—Enforcement of assessments and obligations—Establishment of local improvement district to carry out obligations.

87.03.853 - Merger of minor irrigation district into major irrigation district—Statement of property and assets of minor district.

87.03.855 - Merger of minor irrigation district into major irrigation district—Merger of more than two districts.

87.03.857 - Merger of minor irrigation district into major irrigation district—Existing water rights not impaired.

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

87.03.870 - Mutual aid agreements for emergency interdistrict assistance—Authority—Liability.

87.03.880 - Tariff for irrigation pumping service—Authority to buy back electricity.

87.03.900 - Construction—1913 c 165.

87.03.920 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.