Flood Control Zone Districts (Revised Code of Washington (RCW): Title 86 Flood Control; Chapter 86.15)

Chapter Chapter 86.1586.15 RCW RCW Chapter ListingChapter Listing | | RCW DispositionsRCW Dispositions FLOOD CONTROL ZONE DISTRICTSFLOOD CONTROL ZONE DISTRICTS SectionsSections 86.15.00186.15.001 Actions subject to review by boundary review board.Actions subject to review by boundary review board. 86.15.01086.15.010 Definitions.Definitions. 86.15.02086.15.020 ZonesZones——Creation.Creation. 86.15.02386.15.023 Zones not to include area in other zones.Zones not to include area in other zones. 86.15.02586.15.025 Districts incorporating watersheds authorizedDistricts incorporating watersheds authorized——Subzones authorizedSubzones authorized——Creation,Creation, procedureprocedure——AdministrationAdministration——Powers.Powers. 86.15.03086.15.030 Districts incorporating watersheds authorizedDistricts incorporating watersheds authorized——Formation, hearing and notice.Formation, hearing and notice. 86.15.03586.15.035 Cooperative watershed management.Cooperative watershed management. 86.15.05086.15.050 ZonesZones——SupervisorsSupervisors——Election of supervisors.Election of supervisors. 86.15.05586.15.055 Elected supervisorsElected supervisors——Compensation.Compensation. 86.15.06086.15.060 Administration.Administration. 86.15.07086.15.070 Advisory committees.Advisory committees. 86.15.08086.15.080 General powers.General powers. 86.15.09086.15.090 Extraterritorial powers.Extraterritorial powers. 86.15.09586.15.095 Zones constitute quasi municipal corporationZones constitute quasi municipal corporation——Constitutional and statutory powers.Constitutional and statutory powers. 86.15.10086.15.100 Flood control or stormwater control improvementsFlood control or stormwater control improvements——Authorization.Authorization. 86.15.11086.15.110 Flood control or stormwater control improvementsFlood control or stormwater control improvements——InitiationInitiation——Comprehensive plan.Comprehensive plan. 86.15.12086.15.120 Flood control or stormwater control improvementsFlood control or stormwater control improvements——Hearing, notice.Hearing, notice. 86.15.13086.15.130 Zone treasurerZone treasurer——Funds.Funds. 86.15.14086.15.140 Budget.Budget. 86.15.15086.15.150 County aid.County aid. 86.15.16086.15.160 Excess levies, assessments, regular levies, and chargesExcess levies, assessments, regular levies, and charges——Local improvementLocal improvement districts.districts. 86.15.16286.15.162 Delinquent assessmentDelinquent assessment——Sale of parcelSale of parcel——Accrual of interest.Accrual of interest. 86.15.16586.15.165 Voluntary assessments for flood control or stormwater control improvementsVoluntary assessments for flood control or stormwater control improvements—— ProcedureProcedure——Disposition of proceedsDisposition of proceeds——Use.Use. 86.15.17086.15.170 General obligation bonds.General obligation bonds. 86.15.17586.15.175 Community revitalization financingCommunity revitalization financing——Public improvements.Public improvements. 86.15.17686.15.176 Service charges authorizedService charges authorized——Disposition of revenue.Disposition of revenue. 86.15.17886.15.178 Revenue bondsRevenue bonds——Lien for delinquent service charges.Lien for delinquent service charges. 86.15.18086.15.180 Protection of public property.Protection of public property. 86.15.19086.15.190 Abatement of nuisances.Abatement of nuisances. 86.15.20086.15.200 Flood control zonesFlood control zones——Consolidation, abolishment.Consolidation, abolishment. 86.15.21086.15.210 Transfer of property.Transfer of property. 86.15.22086.15.220 Planning of improvements.Planning of improvements. 86.15.23086.15.230 Public necessity of chapter.Public necessity of chapter. http://app.leg.wa.gov/RCW/default.aspx?cite=86.15 https://app.leg.wa.gov/RCW/default.aspx?cite=86.15 https://app.leg.wa.gov/RCW/dispo.aspx?cite=86.15 86.15.90086.15.900 SeverabilitySeverability——ConstructionConstruction——1961 c 153.1961 c 153. 86.15.91086.15.910 Construction of chapter.Construction of chapter. 86.15.92086.15.920 Titles not part of the chapter.Titles not part of the chapter. NOTES:NOTES: Dissolution of inactive special purpose districts: Chapter Dissolution of inactive special purpose districts: Chapter 36.9636.96 RCW. RCW. Local governmental organizations, actions affecting boundaries, etc., review by boundary review board:Local governmental organizations, actions affecting boundaries, etc., review by boundary review board: Chapter Chapter 36.9336.93 RCW. RCW. 86.15.00186.15.001 Actions subject to review by boundary review board.Actions subject to review by boundary review board. The creation of a flood control zone district may be subject to potential review by a boundaryThe creation of a flood control zone district may be subject to potential review by a boundary review board under chapter review board under chapter 36.9336.93 RCW. Extensions of service outside of the boundaries of a flood RCW. Extensions of service outside of the boundaries of a flood control zone district may be subject to potential review by a boundary review board under chapter control zone district may be subject to potential review by a boundary review board under chapter 36.9336.93 RCW.RCW. [ [ 1989 c 84 § 65.1989 c 84 § 65.]] 86.15.01086.15.010 Definitions.Definitions. The definitions set forth in this section apply through this chapter.The definitions set forth in this section apply through this chapter. (1) "Board" means the county legislative authority.(1) "Board" means the county legislative authority. (2) "Flood control improvement" means any works, projects, or other facilities necessary for the(2) "Flood control improvement" means any works, projects, or other facilities necessary for the control of flood waters within the county or any zone or zones.control of flood waters within the county or any zone or zones. (3) "Flood waters" and "stormwaters" means any storm waste or surplus waters, including surface(3) "Flood waters" and "stormwaters" means any storm waste or surplus waters, including surface water, wherever located within the county or a zone or zones where such waters endanger publicwater, wherever located within the county or a zone or zones where such waters endanger public highways, streams and water courses, harbors, life, or property.highways, streams and water courses, harbors, life, or property. (4) "Participating zones" means two or more zones found to benefit from a single flood control(4) "Participating zones" means two or more zones found to benefit from a single flood control improvement or stormwater control improvement.improvement or stormwater control improvement. (5) "Stormwater control improvement" means any works, projects, or other facilities necessary to(5) "Stormwater control improvement" means any works, projects, or other facilities necessary to control and treat stormwater within the county or any zone or zones.control and treat stormwater within the county or any zone or zones. (6) "Supervisors" means the board of supervisors, or governing body, of a zone.(6) "Supervisors" means the board of supervisors, or governing body, of a zone. (7) "Zones" means flood control zone districts which are quasi municipal corporations of the state(7) "Zones" means flood control zone districts which are quasi municipal corporations of the state of Washington created by this chapter.of Washington created by this chapter. [ [ 1983 c 315 § 11;1983 c 315 § 11; 1961 c 153 § 1.1961 c 153 § 1.]] NOTES:NOTES: SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. http://app.leg.wa.gov/RCW/default.aspx?cite=36.96 http://app.leg.wa.gov/RCW/default.aspx?cite=36.93 http://app.leg.wa.gov/RCW/default.aspx?cite=36.93 http://app.leg.wa.gov/RCW/default.aspx?cite=36.93 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1989c84.pdf?cite=1989%20c%2084%20%C2%A7%2065. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2011; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%201. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 86.15.02086.15.020 Zones—Creation.Zones—Creation. The board may initiate, by affirmative vote of a majority of the board, the creation of a zone orThe board may initiate, by affirmative vote of a majority of the board, the creation of a zone or additional zones within the county, and without reference to an existing zone or zones, for the purpose ofadditional zones within the county, and without reference to an existing zone or zones, for the purpose of undertaking, operating, or maintaining flood control projects or stormwater control projects or groups ofundertaking, operating, or maintaining flood control projects or stormwater control projects or groups of projects that are of special benefit to specified areas of the county. Formation of a zone may also beprojects that are of special benefit to specified areas of the county. Formation of a zone may also be initiated by a petition signed by twenty­five percent of the electors within a proposed zone based on theinitiated by a petition signed by twenty­five percent of the electors within a proposed zone based on the vote cast in the last county general election. If the formation of the zone is initiated by petition, the boardvote cast in the last county general election. If the formation of the zone is initiated by petition, the board shall incorporate the terms of the petition in a resolution within forty days after receiving the petition fromshall incorporate the terms of the petition in a resolution within forty days after receiving the petition from the county auditor. Thereafter, the procedures for establishing a zone shall be the same whether initiatedthe county auditor. Thereafter, the procedures for establishing a zone shall be the same whether initiated by motion of the board or by a petition of electors.by motion of the board or by a petition of electors. Petitions shall be in a form prescribed and approved by the county auditor and shall include thePetitions shall be in a form prescribed and approved by the county auditor and shall include the necessary legal descriptions and other information necessary for establishment of a zone by resolution.necessary legal descriptions and other information necessary for establishment of a zone by resolution. When the sponsors of a petition have acquired the necessary signatures, they shall present the petitionWhen the sponsors of a petition have acquired the necessary signatures, they shall present the petition to the county auditor who shall thereafter certify the sufficiency of the petition within forty­five days. If theto the county auditor who shall thereafter certify the sufficiency of the petition within forty­five days. If the petition is found to meet the requirements specified in this chapter, the auditor shall transmit the petitionpetition is found to meet the requirements specified in this chapter, the auditor shall transmit the petition to the board for their action; if the petition fails to meet the requirements of this chapter, it shall beto the board for their action; if the petition fails to meet the requirements of this chapter, it shall be returned to the sponsors.returned to the sponsors. [ [ 1983 c 315 § 12;1983 c 315 § 12; 1961 c 153 § 2.1961 c 153 § 2.]] NOTES:NOTES: SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. 86.15.02386.15.023 Zones not to include area in other zones.Zones not to include area in other zones. A board may not establish a zone including an area located in another zone unless this area isA board may not establish a zone including an area located in another zone unless this area is removed from the other zone, or the other zone is dissolved, as part of the action creating the new zone.removed from the other zone, or the other zone is dissolved, as part of the action creating the new zone. [ [ 1991 c 322 § 9.1991 c 322 § 9.]] NOTES:NOTES: FindingsFindings——IntentIntent——PurposePurpose——1991 c 322:1991 c 322: See notes following RCW See notes following RCW 86.12.20086.12.200.. 86.15.02586.15.025 Districts incorporating watersheds authorized—Subzones authorized—Creation,Districts incorporating watersheds authorized—Subzones authorized—Creation, procedure—Administration—Powers.procedure—Administration—Powers. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2012; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%202. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://lawfilesext.leg.wa.gov/biennium/1991-92/Pdf/Bills/Session%20Laws/Senate/5411-S.SL.pdf?cite=1991%20c%20322%20%C2%A7%209. http://app.leg.wa.gov/RCW/default.aspx?cite=86.12.200 (1) The board is authorized to establish a countywide flood control zone district incorporating the(1) The board is authorized to establish a countywide flood control zone district incorporating the boundaries of any and all watersheds located within the county which are not specifically organized intoboundaries of any and all watersheds located within the county which are not specifically organized into flood control zone districts established pursuant to chapter flood control zone districts established pursuant to chapter 86.1586.15 RCW. Upon establishment of a RCW. Upon establishment of a countywide flood control zone district as authorized by this section, the board is authorized and maycountywide flood control zone district as authorized by this section, the board is authorized and may divide any or all of the zone so created into separately designated subzones and such subzones shalldivide any or all of the zone so created into separately designated subzones and such subzones shall then be operated and be legally established in the same manner as any flood control zone districtthen be operated and be legally established in the same manner as any flood control zone district established pursuant to chapter established pursuant to chapter 86.1586.15 RCW. RCW. (2) Countywide flood control zone districts shall be established pursuant to the requirements of(2) Countywide flood control zone districts shall be established pursuant to the requirements of RCW RCW 86.15.02086.15.020, , 86.15.03086.15.030 and * and * 86.15.04086.15.040 as now law of [or] hereafter amended. Subzones as now law of [or] hereafter amended. Subzones established from countywide flood control zone districts shall be established by resolution of the boardestablished from countywide flood control zone districts shall be established by resolution of the board and the provisions of RCW and the provisions of RCW 86.15.02086.15.020, , 86.15.03086.15.030 and shall not apply to the establishment of such and shall not apply to the establishment of such subzone as authorized by this section.subzone as authorized by this section. (3) Such subzones shall be operated and administered in the same manner as any other flood(3) Such subzones shall be operated and administered in the same manner as any other flood control zone district in accordance with the provisions of chapter control zone district in accordance with the provisions of chapter 86.1586.15 RCW. RCW. (4) Such subzones shall have authority to exercise any and all powers conferred by the provisions(4) Such subzones shall have authority to exercise any and all powers conferred by the provisions of RCW of RCW 86.15.08086.15.080 as now law or hereafter amended. as now law or hereafter amended. (5) The board shall exercise the same power, authority, and responsibility over such subzones as(5) The board shall exercise the same power, authority, and responsibility over such subzones as it exercises over flood control zone districts in accordance with the provisions of chapter it exercises over flood control zone districts in accordance with the provisions of chapter 86.1586.15 RCW as RCW as now law or hereafter amended, and without limiting the generality of this subsection, the board maynow law or hereafter amended, and without limiting the generality of this subsection, the board may exercise over such subzones, the powers granted to it by RCW exercise over such subzones, the powers granted to it by RCW 86.15.16086.15.160, , 86.15.17086.15.170, , 86.15.17686.15.176 and and 86.15.17886.15.178 as now law or hereafter amended. as now law or hereafter amended. [ [ 1969 ex.s. c 195 § 1.1969 ex.s. c 195 § 1.]] NOTES:NOTES: *Reviser's note:*Reviser's note: RCW RCW 86.15.04086.15.040 was repealed by was repealed by 1991 c 322 § 13.1991 c 322 § 13. 86.15.03086.15.030 Districts incorporating watersheds authorized—Formation, hearing and notice.Districts incorporating watersheds authorized—Formation, hearing and notice. Upon receipt of a petition asking that a zone be created, or upon motion of the board, the boardUpon receipt of a petition asking that a zone be created, or upon motion of the board, the board shall adopt a resolution which shall describe the boundaries of such proposed zone; describe in generalshall adopt a resolution which shall describe the boundaries of such proposed zone; describe in general terms the flood control needs or requirements within the zone; set a date for public hearing upon theterms the flood control needs or requirements within the zone; set a date for public hearing upon the creation of such zone, which shall be not more than thirty days after the adoption of such resolution.creation of such zone, which shall be not more than thirty days after the adoption of such resolution. Notice of such hearing and publication shall be had in the manner provided in RCW Notice of such hearing and publication shall be had in the manner provided in RCW 36.32.12036.32.120(7).(7). At the hearing scheduled upon the resolution, the board shall permit all interested parties to beAt the hearing scheduled upon the resolution, the board shall permit all interested parties to be heard. Thereafter, the board may reject the resolution or it may modify the boundaries of such zone andheard. Thereafter, the board may reject the resolution or it may modify the boundaries of such zone and make such other corrections or additions to the resolutions as they deem necessary to themake such other corrections or additions to the resolutions as they deem necessary to the accomplishment of the purpose of this chapter: PROVIDED, That if the boundaries of such zone areaccomplishment of the purpose of this chapter: PROVIDED, That if the boundaries of such zone are enlarged, the board shall hold an additional hearing following publication and notice of such newenlarged, the board shall hold an additional hearing following publication and notice of such new boundaries: PROVIDED FURTHER, That the boundaries of any zone shall generally follow theboundaries: PROVIDED FURTHER, That the boundaries of any zone shall generally follow the boundaries of the watershed area affected: PROVIDED FURTHER, That the immediately precedingboundaries of the watershed area affected: PROVIDED FURTHER, That the immediately preceding proviso shall in no way limit or be construed to prohibit the formation of a countywide flood control zoneproviso shall in no way limit or be construed to prohibit the formation of a countywide flood control zone district authorized to be created by RCW district authorized to be created by RCW 86.15.02586.15.025.. Within ten days after final hearing on a resolution, the board shall issue its order.Within ten days after final hearing on a resolution, the board shall issue its order. [ [ 1969 ex.s. c 195 § 2;1969 ex.s. c 195 § 2; 1961 c 153 § 3.1961 c 153 § 3.]] http://app.leg.wa.gov/RCW/default.aspx?cite=86.15 http://app.leg.wa.gov/RCW/default.aspx?cite=86.15 http://app.leg.wa.gov/RCW/default.aspx?cite=86.15 http://app.leg.wa.gov/RCW/default.aspx?cite=86.15 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1969ex1c195.pdf?cite=1969%20ex.s.%20c%20195%20%C2%A7%201. http://lawfilesext.leg.wa.gov/biennium/1991-92/Pdf/Bills/Session%20Laws/Senate/5411-S.SL.pdf?cite=1991%20c%20322%20%C2%A7%2013. http://app.leg.wa.gov/RCW/default.aspx?cite=36.32.120 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1969ex1c195.pdf?cite=1969%20ex.s.%20c%20195%20%C2%A7%202; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%203. 86.15.03586.15.035 Cooperative watershed management.Cooperative watershed management. In addition to the authority provided in this chapter, flood control zone districts may participate inIn addition to the authority provided in this chapter, flood control zone districts may participate in and expend revenue on cooperative watershed management arrangements and actions, includingand expend revenue on cooperative watershed management arrangements and actions, including without limitation those under chapter without limitation those under chapter 39.3439.34 RCW, under chapter RCW, under chapter 39.10639.106 RCW, and under other RCW, and under other intergovernmental agreements authorized by law, for purposes of water supply, water quality, and waterintergovernmental agreements authorized by law, for purposes of water supply, water quality, and water resource and habitat protection and management.resource and habitat protection and management. [ [ 2011 c 258 § 16;2011 c 258 § 16; 2003 c 327 § 19.2003 c 327 § 19.]] NOTES:NOTES: Short titleShort title——PurposePurpose——IntentIntent——2011 c 258:2011 c 258: See RCW See RCW 39.106.01039.106.010.. FindingFinding——IntentIntent——2003 c 327:2003 c 327: See note following RCW See note following RCW 39.34.19039.34.190.. 86.15.05086.15.050 Zones—Supervisors—Election of supervisors.Zones—Supervisors—Election of supervisors. (1) The board of county commissioners of each county shall be ex officio, by virtue of their office,(1) The board of county commissioners of each county shall be ex officio, by virtue of their office, supervisors of the zones created in each county. In any zone with more than two thousand residents, ansupervisors of the zones created in each county. In any zone with more than two thousand residents, an election of supervisors other than the board of county commissioners may be held as provided in thiselection of supervisors other than the board of county commissioners may be held as provided in this section.section. (2) When proposed by citizen petition or by resolution of the board of county commissioners, a(2) When proposed by citizen petition or by resolution of the board of county commissioners, a ballot proposition authorizing election of the supervisors of a zone shall be submitted by ordinance to theballot proposition authorizing election of the supervisors of a zone shall be submitted by ordinance to the voters residing in the zone at any general election, or at any special election which may be called for thatvoters residing in the zone at any general election, or at any special election which may be called for that purpose.purpose. (3) The ballot proposition shall be submitted (a) if the board of county supervisors enacts an(3) The ballot proposition shall be submitted (a) if the board of county supervisors enacts an ordinance submitting the proposition after adopting a resolution proposing the election of supervisors of aordinance submitting the proposition after adopting a resolution proposing the election of supervisors of a zone; or (b) if a petition proposing the election of supervisors of a zone is submitted to the county auditorzone; or (b) if a petition proposing the election of supervisors of a zone is submitted to the county auditor of the county in which the zone is located that is signed by registered voters within the zone, numberingof the county in which the zone is located that is signed by registered voters within the zone, numbering at least fifteen percent of the votes cast in the last county general election by registered voters within theat least fifteen percent of the votes cast in the last county general election by registered voters within the zone.zone. (4) Upon receipt of a citizen petition under subsection (3)(b) of this section, the county auditor(4) Upon receipt of a citizen petition under subsection (3)(b) of this section, the county auditor shall determine whether the petition is signed by a sufficient number of registered voters, using theshall determine whether the petition is signed by a sufficient number of registered voters, using the registration records and returns of the preceding general election, and, no later than forty­five days afterregistration records and returns of the preceding general election, and, no later than forty­five days after receipt of the petition, shall attach to the petition the auditor's certificate stating whether or not sufficientreceipt of the petition, shall attach to the petition the auditor's certificate stating whether or not sufficient signatures have been obtained. If the signatures are found by the auditor to be insufficient, the petitionsignatures have been obtained. If the signatures are found by the auditor to be insufficient, the petition shall be returned to the person filing it.shall be returned to the person filing it. (5) The ballot proposition authorizing election of supervisors of zones shall appear on the ballot of(5) The ballot proposition authorizing election of supervisors of zones shall appear on the ballot of the next general election or at the next special election date specified under RCW the next general election or at the next special election date specified under RCW 29A.04.33029A.04.330 occurring occurring sixty or more days after the last resolution proposing election of supervisors or the date the countysixty or more days after the last resolution proposing election of supervisors or the date the county auditor certifies that the petition proposing such election contains sufficient valid signatures.auditor certifies that the petition proposing such election contains sufficient valid signatures. http://app.leg.wa.gov/RCW/default.aspx?cite=39.34 http://app.leg.wa.gov/RCW/default.aspx?cite=39.106 http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/House/1332-S.SL.pdf?cite=2011%20c%20258%20%C2%A7%2016; http://lawfilesext.leg.wa.gov/biennium/2003-04/Pdf/Bills/Session%20Laws/Senate/5073.SL.pdf?cite=2003%20c%20327%20%C2%A7%2019. http://app.leg.wa.gov/RCW/default.aspx?cite=39.106.010 http://app.leg.wa.gov/RCW/default.aspx?cite=39.34.190 http://app.leg.wa.gov/RCW/default.aspx?cite=29A.04.330 (6) The petition proposing the election of zone supervisors, or the ordinance submitting the(6) The petition proposing the election of zone supervisors, or the ordinance submitting the question to the voters, shall describe the proposed election process. The ballot proposition shall includequestion to the voters, shall describe the proposed election process. The ballot proposition shall include the following:the following: □□ "For the direct election of flood control zone district supervisors." "For the direct election of flood control zone district supervisors." □□ "Against the direct election of flood control zone district supervisors." "Against the direct election of flood control zone district supervisors." (7) The ordinance or petition submitting the ballot proposition shall designate the proposed(7) The ordinance or petition submitting the ballot proposition shall designate the proposed composition of the supervisors of zones, which shall be clearly described in the ballot proposition. Thecomposition of the supervisors of zones, which shall be clearly described in the ballot proposition. The ballot proposition shall state that the zone supervisors shall thereafter be selected by election, and, at theballot proposition shall state that the zone supervisors shall thereafter be selected by election, and, at the same election at which the proposition is submitted to the voters as to whether to elect zone supervisors,same election at which the proposition is submitted to the voters as to whether to elect zone supervisors, three zone supervisors shall be elected. The election of zone supervisors is null and void if the voters, bythree zone supervisors shall be elected. The election of zone supervisors is null and void if the voters, by a simple majority, do not approve the direct election of the zone supervisors. Candidates shall run fora simple majority, do not approve the direct election of the zone supervisors. Candidates shall run for specific supervisor positions. No primary may be held to nominate candidates. The person receiving thespecific supervisor positions. No primary may be held to nominate candidates. The person receiving the greatest number of votes for each position shall be elected as a supervisor. The staggering of the termsgreatest number of votes for each position shall be elected as a supervisor. The staggering of the terms of office shall occur as follows: (a) The person who is elected receiving the greatest number of votesof office shall occur as follows: (a) The person who is elected receiving the greatest number of votes shall be elected to a six­year term of office if the election is held in an odd­numbered year or a five­yearshall be elected to a six­year term of office if the election is held in an odd­numbered year or a five­year term of office if the election is held in an even­numbered year; (b) the person who is elected receiving theterm of office if the election is held in an even­numbered year; (b) the person who is elected receiving the second greatest number of votes shall be elected to a four­year term of office if the election is held in ansecond greatest number of votes shall be elected to a four­year term of office if the election is held in an odd­numbered year or a three­year term of office if the election is held in an even­numbered year; andodd­numbered year or a three­year term of office if the election is held in an even­numbered year; and (c) the other person who is elected shall be elected to a two­year term of office if the election is held in an(c) the other person who is elected shall be elected to a two­year term of office if the election is held in an odd­numbered year or a one­year term of office if the election is held in an even­numbered year. Theodd­numbered year or a one­year term of office if the election is held in an even­numbered year. The initial supervisors shall take office immediately when they are elected and qualified, and for purposes ofinitial supervisors shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January incomputing their terms of office the terms shall be assumed to commence on the first day of January in the year after they are elected. Thereafter, all supervisors shall be elected to six­year terms of office. Allthe year after they are elected. Thereafter, all supervisors shall be elected to six­year terms of office. All supervisors shall serve until their respective successors are elected and qualified and assume office insupervisors shall serve until their respective successors are elected and qualified and assume office in accordance with RCW accordance with RCW 29A.60.28029A.60.280. Vacancies may occur and shall be filled as provided in chapter . Vacancies may occur and shall be filled as provided in chapter 42.1242.12 RCW.RCW. (8) The costs and expenses directly related to the election of zone supervisors shall be borne by(8) The costs and expenses directly related to the election of zone supervisors shall be borne by the zone.the zone. [ [ 2015 c 53 § 102;2015 c 53 § 102; 2003 c 304 § 1;2003 c 304 § 1; 1961 c 153 § 5.1961 c 153 § 5.]] 86.15.05586.15.055 Elected supervisors—Compensation.Elected supervisors—Compensation. (1) In a zone with supervisors elected pursuant to RCW (1) In a zone with supervisors elected pursuant to RCW 86.15.05086.15.050, the supervisors may, as, the supervisors may, as adjusted in accordance with subsection (4) of this section, each receive up to one hundred fourteenadjusted in accordance with subsection (4) of this section, each receive up to one hundred fourteen dollars per day or portion of a day spent in actual attendance at official meetings of the governing body ordollars per day or portion of a day spent in actual attendance at official meetings of the governing body or in performance of other official services or duties on behalf of the zone. The compensation forin performance of other official services or duties on behalf of the zone. The compensation for supervisors in office on January 1, 2015, is fixed at one hundred fourteen dollars per day. The board ofsupervisors in office on January 1, 2015, is fixed at one hundred fourteen dollars per day. The board of county commissioners shall fix any such compensation to be paid to the initial supervisors during theircounty commissioners shall fix any such compensation to be paid to the initial supervisors during their initial terms of office. The supervisors shall fix the compensation to be paid to the supervisors thereafter.initial terms of office. The supervisors shall fix the compensation to be paid to the supervisors thereafter. Compensation for the supervisors shall not exceed ten thousand nine hundred forty­four dollars in oneCompensation for the supervisors shall not exceed ten thousand nine hundred forty­four dollars in one calendar year.calendar year. (2) A supervisor is entitled to reimbursement for reasonable expenses actually incurred in(2) A supervisor is entitled to reimbursement for reasonable expenses actually incurred in connection with performance of the duties of a supervisor, including subsistence and lodging, while awayconnection with performance of the duties of a supervisor, including subsistence and lodging, while away from the supervisor's place of residence, and mileage for use of a privately owned vehicle in accordancefrom the supervisor's place of residence, and mileage for use of a privately owned vehicle in accordance with chapter with chapter 42.2442.24 RCW. RCW. (3) Any supervisor may waive all or any portion of his or her compensation payable under this(3) Any supervisor may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with thesection as to any month or months during his or her term of office, by a written waiver filed with the http://app.leg.wa.gov/RCW/default.aspx?cite=29A.60.280 http://app.leg.wa.gov/RCW/default.aspx?cite=42.12 http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/House/1806-S.SL.pdf?cite=2015%20c%2053%20%C2%A7%20102; http://lawfilesext.leg.wa.gov/biennium/2003-04/Pdf/Bills/Session%20Laws/House/1291-S.SL.pdf?cite=2003%20c%20304%20%C2%A7%201; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%205. http://app.leg.wa.gov/RCW/default.aspx?cite=42.24 supervisors as provided in this section. The waiver, to be effective, must be filed any time after thesupervisors as provided in this section. The waiver, to be effective, must be filed any time after the member's election and prior to the date on which the compensation would otherwise be paid. The waivermember's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.shall specify the month or period of months for which it is made. (4) The dollar thresholds established in this section must be adjusted for inflation by the office of(4) The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2018, based upon changes in the consumerfinancial management every five years, beginning July 1, 2018, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year'sprice index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, for Washington state, for wage earners and clerical workers, allannual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau ofitems, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the indexlabor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the statecovering the greatest number of people, covering areas exclusively within the boundaries of the state and including all items, must be used for the adjustments of inflation in this section. The office of financialand including all items, must be used for the adjustments of inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser formanagement must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to takepublication in the Washington State Register at least one month before the new dollar threshold is to take effect.effect. [ [ 2015 c 165 § 1;2015 c 165 § 1; 2005 c 127 § 2.2005 c 127 § 2.]] NOTES:NOTES: Effective dateEffective date——2005 c 127:2005 c 127: "This act is necessary for the immediate preservation of the "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, andpublic peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 21, 2005]." [ takes effect immediately [April 21, 2005]." [ 2005 c 127 § 3.2005 c 127 § 3.]] 86.15.06086.15.060 Administration.Administration. (1) Except as provided in subsection (2) of this section, administration of the affairs of zones shall(1) Except as provided in subsection (2) of this section, administration of the affairs of zones shall be in the county engineer. The engineer may appoint such deputies and engage such employees,be in the county engineer. The engineer may appoint such deputies and engage such employees, specialists, and technicians as may be required by the zone and as are authorized by the zone's budget.specialists, and technicians as may be required by the zone and as are authorized by the zone's budget. Subject to the approval of the supervisors, the engineer may organize, or reorganize as required, theSubject to the approval of the supervisors, the engineer may organize, or reorganize as required, the zone into such departments, divisions, or other administrative relationships as he or she deemszone into such departments, divisions, or other administrative relationships as he or she deems necessary to its efficient operation.necessary to its efficient operation. (2) In a zone with supervisors elected pursuant to RCW (2) In a zone with supervisors elected pursuant to RCW 86.15.05086.15.050, the supervisors may provide, the supervisors may provide for administration of the affairs of the zone by other than the county engineer, pursuant to the authorityfor administration of the affairs of the zone by other than the county engineer, pursuant to the authority established in RCW established in RCW 86.15.09586.15.095 to hire employees, staff, and services and to enter into contracts. to hire employees, staff, and services and to enter into contracts. [ [ 2013 c 23 § 476;2013 c 23 § 476; 2005 c 127 § 1;2005 c 127 § 1; 1961 c 153 § 6.1961 c 153 § 6.]] NOTES:NOTES: Effective dateEffective date——2005 c 127:2005 c 127: See note following RCW See note following RCW 86.15.05586.15.055.. 86.15.07086.15.070 Advisory committees.Advisory committees. http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/House/1088-S.SL.pdf?cite=2015%20c%20165%20%C2%A7%201; http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/Senate/5354.SL.pdf?cite=2005%20c%20127%20%C2%A7%202. http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/Senate/5354.SL.pdf?cite=2005%20c%20127%20%C2%A7%203. http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/5077-S.SL.pdf?cite=2013%20c%2023%20%C2%A7%20476; http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/Senate/5354.SL.pdf?cite=2005%20c%20127%20%C2%A7%201; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%206. The board may appoint a countywide advisory committee, which shall consist of not more thanThe board may appoint a countywide advisory committee, which shall consist of not more than fifteen members. The board also may appoint an advisory committee for any zone or combination of twofifteen members. The board also may appoint an advisory committee for any zone or combination of two or more zones which committees shall consist of not more than five members. Members of an advisoryor more zones which committees shall consist of not more than five members. Members of an advisory committee shall serve without pay and shall serve at the pleasure of the board.committee shall serve without pay and shall serve at the pleasure of the board. [ [ 1967 ex.s. c 136 § 6;1967 ex.s. c 136 § 6; 1961 c 153 § 7.1961 c 153 § 7.]] 86.15.08086.15.080 General powers.General powers. A zone or participating zone may:A zone or participating zone may: (1) Exercise all the powers and immunities vested in a county for flood water or stormwater(1) Exercise all the powers and immunities vested in a county for flood water or stormwater control purposes under the provisions of chapters control purposes under the provisions of chapters 86.1286.12, 86.13, 36.89, and , 86.13, 36.89, and 36.9436.94 RCW: PROVIDED, RCW: PROVIDED, That in exercising such powers, all actions shall be taken in the name of the zone and title to all propertyThat in exercising such powers, all actions shall be taken in the name of the zone and title to all property or property rights shall vest in the zone;or property rights shall vest in the zone; (2) Plan, construct, acquire, repair, maintain, and operate all necessary equipment, facilities,(2) Plan, construct, acquire, repair, maintain, and operate all necessary equipment, facilities, improvements, and works to control, conserve, and remove flood waters and stormwaters and toimprovements, and works to control, conserve, and remove flood waters and stormwaters and to otherwise carry out the purposes of this chapter including, but not limited to, protection of the quality ofotherwise carry out the purposes of this chapter including, but not limited to, protection of the quality of water sources;water sources; (3) Take action necessary to protect life and property within the district from flood water damage,(3) Take action necessary to protect life and property within the district from flood water damage, including in the context of an emergency, as defined in RCW including in the context of an emergency, as defined in RCW 38.52.01038.52.010, using covered volunteer, using covered volunteer emergency workers, as defined in RCW emergency workers, as defined in RCW 38.52.01038.52.010 and and 38.52.18038.52.180(5)(a), subject to and in accordance(5)(a), subject to and in accordance with the terms of RCW with the terms of RCW 38.52.18038.52.180;; (4) Control, conserve, retain, reclaim, and remove flood waters and stormwaters, including waters(4) Control, conserve, retain, reclaim, and remove flood waters and stormwaters, including waters of lakes and ponds within the district, and dispose of the same for beneficial or useful purposes underof lakes and ponds within the district, and dispose of the same for beneficial or useful purposes under such terms and conditions as the board may deem appropriate, subject to the acquisition by the board ofsuch terms and conditions as the board may deem appropriate, subject to the acquisition by the board of appropriate water rights in accordance with the statutes;appropriate water rights in accordance with the statutes; (5) Acquire necessary property, property rights, facilities, and equipment necessary to the(5) Acquire necessary property, property rights, facilities, and equipment necessary to the purposes of the zone by purchase, gift, or condemnation: PROVIDED, That property of municipalpurposes of the zone by purchase, gift, or condemnation: PROVIDED, That property of municipal corporations may not be acquired without the consent of such municipal corporation;corporations may not be acquired without the consent of such municipal corporation; (6) Sue and be sued in the name of the zone;(6) Sue and be sued in the name of the zone; (7) Acquire or reclaim lands when incidental to the purposes of the zone and dispose of such(7) Acquire or reclaim lands when incidental to the purposes of the zone and dispose of such lands as are surplus to the needs of the zone in the manner provided for the disposal of county propertylands as are surplus to the needs of the zone in the manner provided for the disposal of county property in chapter in chapter 36.3436.34 RCW; RCW; (8) Cooperate with or join with the state of Washington, United States, another state, any agency,(8) Cooperate with or join with the state of Washington, United States, another state, any agency, corporation or political subdivision of the United States or any state, Canada, or any private corporationcorporation or political subdivision of the United States or any state, Canada, or any private corporation or individual for the purposes of this chapter;or individual for the purposes of this chapter; (9) Accept funds or property by loan, grant, gift or otherwise from the United States, the state of(9) Accept funds or property by loan, grant, gift or otherwise from the United States, the state of Washington, or any other public or private source;Washington, or any other public or private source; (10) Remove debris, logs, or other material which may impede the orderly flow of waters in(10) Remove debris, logs, or other material which may impede the orderly flow of waters in streams or water courses: PROVIDED, That such material shall become property of the zone and maystreams or water courses: PROVIDED, That such material shall become property of the zone and may be sold for the purpose of recovering the cost of removal: PROVIDED FURTHER, That valuable materialbe sold for the purpose of recovering the cost of removal: PROVIDED FURTHER, That valuable material or minerals removed from public lands shall remain the property of the state;or minerals removed from public lands shall remain the property of the state; (11) Provide grant funds to political subdivisions of the state that are located within the boundaries(11) Provide grant funds to political subdivisions of the state that are located within the boundaries of the zone, so long as the use of the grant funds is within the purposes authorized under this chapter.of the zone, so long as the use of the grant funds is within the purposes authorized under this chapter. [ [ 2010 c 46 § 2;2010 c 46 § 2; 1983 c 315 § 13;1983 c 315 § 13; 1961 c 153 § 8.1961 c 153 § 8.]] NOTES:NOTES: http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967ex1c136.pdf?cite=1967%20ex.s.%20c%20136%20%C2%A7%206; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%207. http://app.leg.wa.gov/RCW/default.aspx?cite=86.12 http://app.leg.wa.gov/RCW/default.aspx?cite=36.94 http://app.leg.wa.gov/RCW/default.aspx?cite=38.52.010 http://app.leg.wa.gov/RCW/default.aspx?cite=38.52.010 http://app.leg.wa.gov/RCW/default.aspx?cite=38.52.180 http://app.leg.wa.gov/RCW/default.aspx?cite=38.52.180 http://app.leg.wa.gov/RCW/default.aspx?cite=36.34 http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/Senate/6286-S.SL.pdf?cite=2010%20c%2046%20%C2%A7%202; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2013; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%208. SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. 86.15.09086.15.090 Extraterritorial powers.Extraterritorial powers. A zone may, when necessary to protect life and property within its limits from flood water, exerciseA zone may, when necessary to protect life and property within its limits from flood water, exercise any of its powers specified in RCW any of its powers specified in RCW 86.15.08086.15.080 outside its territorial limits. outside its territorial limits. [ [ 1961 c 153 § 9.1961 c 153 § 9.]] 86.15.09586.15.095 Zones constitute quasi municipal corporation—Constitutional and statutoryZones constitute quasi municipal corporation—Constitutional and statutory powers.powers. A flood control zone district is a quasi municipal corporation, an independent taxing "authority"A flood control zone district is a quasi municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within thewithin the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.meaning of Article VII, section 2 of the state Constitution. A flood control zone district constitutes a body corporate and possesses all the usual powers of aA flood control zone district constitutes a body corporate and possesses all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specificallycorporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, toconferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued.enter into contracts, and to sue and be sued. [ [ 1983 c 315 § 6.1983 c 315 § 6.]] NOTES:NOTES: SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. 86.15.10086.15.100 Flood control or stormwater control improvements—Authorization.Flood control or stormwater control improvements—Authorization. The supervisors may authorize the construction, extension, enlargement, or acquisition ofThe supervisors may authorize the construction, extension, enlargement, or acquisition of necessary flood control or stormwater control improvements within the zone or any participating zones.necessary flood control or stormwater control improvements within the zone or any participating zones. The improvements may include, but shall not be limited to the extension, enlargement, construction, orThe improvements may include, but shall not be limited to the extension, enlargement, construction, or acquisition of dikes and levees, drain and drainage systems, dams and reservoirs, or other flood controlacquisition of dikes and levees, drain and drainage systems, dams and reservoirs, or other flood control or stormwater control improvements; widening, straightening, or relocating of stream or water courses;or stormwater control improvements; widening, straightening, or relocating of stream or water courses; and the acquisition, extension, enlargement, or construction of any works necessary for the protection ofand the acquisition, extension, enlargement, or construction of any works necessary for the protection of stream and water courses, channels, harbors, life, and property.stream and water courses, channels, harbors, life, and property. [ [ 1983 c 315 § 14;1983 c 315 § 14; 1961 c 153 § 10.1961 c 153 § 10.]] NOTES:NOTES: http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%209. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%206. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2014; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2010. SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. 86.15.11086.15.110 Flood control or stormwater control improvements—Initiation—ComprehensiveFlood control or stormwater control improvements—Initiation—Comprehensive plan.plan. Flood control or stormwater control improvements may be extended, enlarged, acquired, orFlood control or stormwater control improvements may be extended, enlarged, acquired, or constructed by a zone pursuant to a resolution adopted by the supervisors. The resolution shall specify:constructed by a zone pursuant to a resolution adopted by the supervisors. The resolution shall specify: (1) Whether the improvement is to be extended, enlarged, acquired, or constructed;(1) Whether the improvement is to be extended, enlarged, acquired, or constructed; (2) That either:(2) That either: (a) A comprehensive plan of development for flood control has been prepared for the stream or(a) A comprehensive plan of development for flood control has been prepared for the stream or water course upon which the improvement will be enlarged, extended, acquired, or constructed, and thatwater course upon which the improvement will be enlarged, extended, acquired, or constructed, and that the improvement generally contributes to the objectives of the comprehensive plan of development:the improvement generally contributes to the objectives of the comprehensive plan of development: PROVIDED, That the plan shall be first submitted to the state department of ecology at least ninety daysPROVIDED, That the plan shall be first submitted to the state department of ecology at least ninety days in advance of the beginning of any flood control project or improvement; and shall be subject to all thein advance of the beginning of any flood control project or improvement; and shall be subject to all the regulatory control provisions by the department of ecology as provided in chapter regulatory control provisions by the department of ecology as provided in chapter 86.1686.16 RCW; or RCW; or (b) A comprehensive plan of development for stormwater control has been prepared for the area(b) A comprehensive plan of development for stormwater control has been prepared for the area that will be served by the proposed stormwater control facilities;that will be served by the proposed stormwater control facilities; (3) If the improvement is to be constructed, that preliminary engineering studies and plans have(3) If the improvement is to be constructed, that preliminary engineering studies and plans have been made, and that the plans and studies are on file with the county engineer;been made, and that the plans and studies are on file with the county engineer; (4) The estimated cost of the acquisition or construction of the improvement, together with such(4) The estimated cost of the acquisition or construction of the improvement, together with such supporting data as will reasonably show how the estimates were arrived at; andsupporting data as will reasonably show how the estimates were arrived at; and (5) That the improvement will benefit:(5) That the improvement will benefit: (a) Two or more zones, hereinafter referred to as participating zones; or(a) Two or more zones, hereinafter referred to as participating zones; or (b) A single zone; or(b) A single zone; or (c) The county as a whole, as well as a zone or participating zones.(c) The county as a whole, as well as a zone or participating zones. [ [ 1983 c 315 § 15;1983 c 315 § 15; 1961 c 153 § 11.1961 c 153 § 11.]] NOTES:NOTES: SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. 86.15.12086.15.120 Flood control or stormwater control improvements—Hearing, notice.Flood control or stormwater control improvements—Hearing, notice. Before finally adopting a resolution to undertake any flood control improvement or stormwaterBefore finally adopting a resolution to undertake any flood control improvement or stormwater control improvement, the supervisors shall hold a hearing thereon. Notice and publication of the hearingcontrol improvement, the supervisors shall hold a hearing thereon. Notice and publication of the hearing shall be given under RCW shall be given under RCW 36.32.12036.32.120(7). The supervisors may conduct any such hearing concurrently(7). The supervisors may conduct any such hearing concurrently with a hearing on the establishment of a flood control zone, and may in such case designate thewith a hearing on the establishment of a flood control zone, and may in such case designate the proposed zone a beneficiary of any improvement.proposed zone a beneficiary of any improvement. [ [ 1983 c 315 § 16;1983 c 315 § 16; 1961 c 153 § 12.1961 c 153 § 12.]] http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://app.leg.wa.gov/RCW/default.aspx?cite=86.16 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2015; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2011. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://app.leg.wa.gov/RCW/default.aspx?cite=36.32.120 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2016; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2012. NOTES:NOTES: SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. 86.15.13086.15.130 Zone treasurer—Funds.Zone treasurer—Funds. The treasurer of each zone shall be the county treasurer. He or she shall establish within his orThe treasurer of each zone shall be the county treasurer. He or she shall establish within his or her office a zone flood control fund for each zone into which shall be deposited the proceeds of all taxher office a zone flood control fund for each zone into which shall be deposited the proceeds of all tax levies, assessments, gifts, grants, loans, or other revenues which may become available to a zone.levies, assessments, gifts, grants, loans, or other revenues which may become available to a zone. The treasurer shall also establish the following accounts within the zone fund:The treasurer shall also establish the following accounts within the zone fund: (1) For each flood control improvement financed by a bond issue, an account to which shall be(1) For each flood control improvement financed by a bond issue, an account to which shall be deposited the proceeds of any such bond issue; anddeposited the proceeds of any such bond issue; and (2) An account for each outstanding bond issue to which will be deposited any revenues collected(2) An account for each outstanding bond issue to which will be deposited any revenues collected for the retirement of such outstanding bonds or for the payment of interest or charges thereon; andfor the retirement of such outstanding bonds or for the payment of interest or charges thereon; and (3) A general account to which all other receipts of the zone shall be deposited.(3) A general account to which all other receipts of the zone shall be deposited. [ [ 2013 c 23 § 477;2013 c 23 § 477; 1961 c 153 § 13.1961 c 153 § 13.]] 86.15.14086.15.140 Budget.Budget. The supervisors shall annually at the same time county budgets are prepared adopt a budget forThe supervisors shall annually at the same time county budgets are prepared adopt a budget for the zone, which budget shall be divided into the following appropriation items: (1) Overhead andthe zone, which budget shall be divided into the following appropriation items: (1) Overhead and administration; (2) maintenance and operation; (3) construction and improvements; and (4) bondadministration; (2) maintenance and operation; (3) construction and improvements; and (4) bond retirement and interest. In preparing the budget, the supervisors shall show the total amount to beretirement and interest. In preparing the budget, the supervisors shall show the total amount to be expended in each appropriation item and the proportionate share of each appropriation item to be paidexpended in each appropriation item and the proportionate share of each appropriation item to be paid from each account of the zone.from each account of the zone. In preparing the annual budget, the supervisors shall under the appropriation item of constructionIn preparing the annual budget, the supervisors shall under the appropriation item of construction and improvement list each flood control improvement or stormwater control improvement and theand improvement list each flood control improvement or stormwater control improvement and the estimated expenditure to be made for each during the ensuing year. The supervisors may at any timeestimated expenditure to be made for each during the ensuing year. The supervisors may at any time during the year, if additional funds become available to the zone, adopt a supplemental budget coveringduring the year, if additional funds become available to the zone, adopt a supplemental budget covering additional authorized improvements.additional authorized improvements. The zone budget or any supplemental budget shall be approved only after a public hearing,The zone budget or any supplemental budget shall be approved only after a public hearing, notice of which shall be given as provided by RCW notice of which shall be given as provided by RCW 36.32.12036.32.120(7).(7). [ [ 1983 c 315 § 17;1983 c 315 § 17; 1961 c 153 § 14.1961 c 153 § 14.]] NOTES:NOTES: SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/5077-S.SL.pdf?cite=2013%20c%2023%20%C2%A7%20477; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2013. http://app.leg.wa.gov/RCW/default.aspx?cite=36.32.120 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2017; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2014. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 86.15.15086.15.150 County aid.County aid. Whenever the supervisors have found under the provisions of RCW Whenever the supervisors have found under the provisions of RCW 86.15.11086.15.110 that a flood control that a flood control improvement or stormwater control improvement initiated by any zone will be of benefit to the county as aimprovement or stormwater control improvement initiated by any zone will be of benefit to the county as a whole, as well as to the zone or participating zones; or whenever the supervisors have found that thewhole, as well as to the zone or participating zones; or whenever the supervisors have found that the maintenance and operation of any flood control improvement or stormwater control improvement withinmaintenance and operation of any flood control improvement or stormwater control improvement within any zone will be of benefit to the overall flood control program or stormwater control program of theany zone will be of benefit to the overall flood control program or stormwater control program of the county, the board may authorize the transfer of any funds available to the county for flood control orcounty, the board may authorize the transfer of any funds available to the county for flood control or stormwater control purposes to any zone or participating zones for flood control or stormwater controlstormwater control purposes to any zone or participating zones for flood control or stormwater control purposes.purposes. [ [ 1983 c 315 § 18;1983 c 315 § 18; 1961 c 153 § 15.1961 c 153 § 15.]] NOTES:NOTES: SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. 86.15.16086.15.160 Excess levies, assessments, regular levies, and charges—Local improvementExcess levies, assessments, regular levies, and charges—Local improvement districts.districts. For the purposes of this chapter the supervisors may authorize:For the purposes of this chapter the supervisors may authorize: (1) An annual excess ad valorem tax levy within any zone or participating zones when authorized(1) An annual excess ad valorem tax levy within any zone or participating zones when authorized by the voters of the zone or participating zones under RCW by the voters of the zone or participating zones under RCW 84.52.05284.52.052 and and 84.52.05484.52.054;; (2) An assessment upon property, including state property, specially benefited by flood control(2) An assessment upon property, including state property, specially benefited by flood control improvements or stormwater control improvements imposed under chapter improvements or stormwater control improvements imposed under chapter 86.0986.09 RCW; RCW; (3) Within any zone or participating zones an annual ad valorem property tax levy of not to(3) Within any zone or participating zones an annual ad valorem property tax levy of not to exceed fifty cents per thousand dollars of assessed value when the levy will not take dollar rates thatexceed fifty cents per thousand dollars of assessed value when the levy will not take dollar rates that other taxing districts may lawfully claim and that will not cause the combined levies to exceed theother taxing districts may lawfully claim and that will not cause the combined levies to exceed the constitutional and/or statutory limitations, and the additional levy, or any portion thereof, may also beconstitutional and/or statutory limitations, and the additional levy, or any portion thereof, may also be made when dollar rates of other taxing units is released therefor by agreement with the other taxing unitsmade when dollar rates of other taxing units is released therefor by agreement with the other taxing units from their authorized levies;from their authorized levies; (4) A charge, under RCW (4) A charge, under RCW 36.89.08036.89.080, for the furnishing of service to those who are receiving or, for the furnishing of service to those who are receiving or will receive benefits from stormwater control facilities and who are contributing to an increase in surfacewill receive benefits from stormwater control facilities and who are contributing to an increase in surface water runoff. The rate or charge imposed under this section shall be reduced by a minimum of tenwater runoff. The rate or charge imposed under this section shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvestingpercent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of thesystem. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon thebuilding. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested;amount of rainwater harvested; (5) Except as otherwise provided in RCW (5) Except as otherwise provided in RCW 90.03.52590.03.525, any public entity and public property,, any public entity and public property, including the state and state property, shall be liable for the charges to the same extent a private personincluding the state and state property, shall be liable for the charges to the same extent a private person and privately owned property is liable for the charges, and in setting these rates and charges,and privately owned property is liable for the charges, and in setting these rates and charges, consideration may be made of in­kind services, such as stream improvements or donation of property;consideration may be made of in­kind services, such as stream improvements or donation of property; (6) The creation of local improvement districts and utility local improvement districts, the issuance(6) The creation of local improvement districts and utility local improvement districts, the issuance of improvement district bonds and warrants, and the imposition, collection, and enforcement of specialof improvement district bonds and warrants, and the imposition, collection, and enforcement of special assessments on all property, including any state­owned or other publicly­owned property, speciallyassessments on all property, including any state­owned or other publicly­owned property, specially benefited from improvements in the same manner as provided for counties by chapter benefited from improvements in the same manner as provided for counties by chapter 36.9436.94 RCW. RCW. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2018; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2015. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://app.leg.wa.gov/RCW/default.aspx?cite=84.52.052 http://app.leg.wa.gov/RCW/default.aspx?cite=84.52.054 http://app.leg.wa.gov/RCW/default.aspx?cite=86.09 http://app.leg.wa.gov/RCW/default.aspx?cite=36.89.080 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.525 http://app.leg.wa.gov/RCW/default.aspx?cite=36.94 [ [ 2003 c 394 § 8;2003 c 394 § 8; 1986 c 278 § 60;1986 c 278 § 60; 1983 c 315 § 19;1983 c 315 § 19; 1973 1st ex.s. c 195 § 131;1973 1st ex.s. c 195 § 131; 1961 c 153 § 16.1961 c 153 § 16.]] NOTES:NOTES: SeverabilitySeverability——1986 c 278:1986 c 278: See note following RCW See note following RCW 36.01.01036.01.010.. SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. SeverabilitySeverability——Effective dates and termination datesEffective dates and termination dates——ConstructionConstruction——1973 1st ex.s. c1973 1st ex.s. c 195:195: See notes following RCW See notes following RCW 84.52.04384.52.043.. Rates and charges for stormwater control facilitiesRates and charges for stormwater control facilities——LimitationsLimitations——Definitions: RCW Definitions: RCW 90.03.50090.03.500 through through 90.03.52590.03.525. See also RCW . See also RCW 35.67.02535.67.025, , 35.92.02135.92.021, , 36.89.08536.89.085, and , and 36.94.14536.94.145.. 86.15.16286.15.162 Delinquent assessment—Sale of parcel—Accrual of interest.Delinquent assessment—Sale of parcel—Accrual of interest. If the delinquent assessment remains unpaid on the date fixed for the sale under RCW If the delinquent assessment remains unpaid on the date fixed for the sale under RCW 86.09.49686.09.496 and and 86.09.49986.09.499, the parcel shall be sold in the same manner as provided under *RCW , the parcel shall be sold in the same manner as provided under *RCW 87.03.31087.03.310 through through 87.03.33087.03.330. If the district reconveys the land under *RCW . If the district reconveys the land under *RCW 87.03.32587.03.325 due to accident, inadvertence, or due to accident, inadvertence, or misfortune, however, interest shall accrue not at the rate provided in RCW misfortune, however, interest shall accrue not at the rate provided in RCW 87.03.27087.03.270, but at the rate, but at the rate provided in RCW provided in RCW 86.09.50586.09.505.. [ [ 1983 c 315 § 7.1983 c 315 § 7.]] NOTES:NOTES: *Reviser's note:*Reviser's note: RCW RCW 87.03.31087.03.310 through through 87.03.33087.03.330 were repealed by were repealed by 1988 c 134 § 15.1988 c 134 § 15. Later Later enactment, see chapter enactment, see chapter 87.0687.06 RCW. RCW. SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. 86.15.16586.15.165 Voluntary assessments for flood control or stormwater control improvements—Voluntary assessments for flood control or stormwater control improvements— Procedure—Disposition of proceeds—Use.Procedure—Disposition of proceeds—Use. The supervisors may provide by resolution for levying voluntary assessments, under a mode ofThe supervisors may provide by resolution for levying voluntary assessments, under a mode of annual installments extending over a period not exceeding fifteen years, on property benefited from aannual installments extending over a period not exceeding fifteen years, on property benefited from a flood control improvement or stormwater control improvement. The voluntary assessment shall beflood control improvement or stormwater control improvement. The voluntary assessment shall be imposed only after each owner of property benefited by the flood control improvement has agreed to theimposed only after each owner of property benefited by the flood control improvement has agreed to the assessment by written agreement with the supervisors. The agreement shall be recorded with the countyassessment by written agreement with the supervisors. The agreement shall be recorded with the county auditor and the obligations under the agreement shall be binding upon all heirs and all successors inauditor and the obligations under the agreement shall be binding upon all heirs and all successors in interest of the property.interest of the property. http://lawfilesext.leg.wa.gov/biennium/2003-04/Pdf/Bills/Session%20Laws/House/2088-S.SL.pdf?cite=2003%20c%20394%20%C2%A7%208; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1986c278.pdf?cite=1986%20c%20278%20%C2%A7%2060; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2019; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1973ex1c195.pdf?cite=1973%201st%20ex.s.%20c%20195%20%C2%A7%20131; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2016. http://app.leg.wa.gov/RCW/default.aspx?cite=36.01.010 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://app.leg.wa.gov/RCW/default.aspx?cite=84.52.043 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.525 http://app.leg.wa.gov/RCW/default.aspx?cite=35.67.025 http://app.leg.wa.gov/RCW/default.aspx?cite=35.92.021 http://app.leg.wa.gov/RCW/default.aspx?cite=36.89.085 http://app.leg.wa.gov/RCW/default.aspx?cite=36.94.145 http://app.leg.wa.gov/RCW/default.aspx?cite=86.09.496 http://app.leg.wa.gov/RCW/default.aspx?cite=86.09.499 http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.310 http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.330 http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.325 http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.270 http://app.leg.wa.gov/RCW/default.aspx?cite=86.09.505 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%207. http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.310 http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.330 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c134.pdf?cite=1988%20c%20134%20%C2%A7%2015. http://app.leg.wa.gov/RCW/default.aspx?cite=87.06 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 The voluntary assessments need not be uniform or directly related to benefits to the property fromThe voluntary assessments need not be uniform or directly related to benefits to the property from the flood control improvement or stormwater control improvement.the flood control improvement or stormwater control improvement. The levying, collection, and enforcement authorized in this section shall be in the manner nowThe levying, collection, and enforcement authorized in this section shall be in the manner now and hereafter provided by law for the levying, collection, and enforcement of local improvementand hereafter provided by law for the levying, collection, and enforcement of local improvement assessments by cities and towns, insofar as those provisions are not inconsistent with the provisions ofassessments by cities and towns, insofar as those provisions are not inconsistent with the provisions of this chapter.this chapter. The disposition of all proceeds from voluntary assessments shall be in accordance with RCWThe disposition of all proceeds from voluntary assessments shall be in accordance with RCW 86.15.13086.15.130.. The proceeds from voluntary assessments may be used for any flood control improvement orThe proceeds from voluntary assessments may be used for any flood control improvement or stormwater control improvement not inconsistent with the provisions of this chapter, and in addition thestormwater control improvement not inconsistent with the provisions of this chapter, and in addition the proceeds may be used for operation and maintenance of flood control improvements or stormwaterproceeds may be used for operation and maintenance of flood control improvements or stormwater control improvements constructed under the authority of this chapter.control improvements constructed under the authority of this chapter. [ [ 1983 c 315 § 20;1983 c 315 § 20; 1969 ex.s. c 195 § 3.1969 ex.s. c 195 § 3.]] NOTES:NOTES: SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. 86.15.17086.15.170 General obligation bonds.General obligation bonds. The supervisors may authorize the issuance of general obligation bonds to finance any floodThe supervisors may authorize the issuance of general obligation bonds to finance any flood control improvement or stormwater control improvement and provide for the retirement of the bonds withcontrol improvement or stormwater control improvement and provide for the retirement of the bonds with ad valorem property tax levies. The general obligation bonds may be issued and the bond retirementad valorem property tax levies. The general obligation bonds may be issued and the bond retirement levies imposed only when the voters of the flood control zone district approve a ballot propositionlevies imposed only when the voters of the flood control zone district approve a ballot proposition authorizing both the bond issuance and imposition of the excess bond retirement levies pursuant toauthorizing both the bond issuance and imposition of the excess bond retirement levies pursuant to Article VIII, section 6 and Article VII, section 2(b) of the state Constitution and RCW Article VIII, section 6 and Article VII, section 2(b) of the state Constitution and RCW 84.52.05684.52.056. Elections. Elections shall be held as provided in RCW shall be held as provided in RCW 39.36.05039.36.050. The bonds shall be issued on behalf of the zone or. The bonds shall be issued on behalf of the zone or participating zones and be approved by the voters of the zone or participating zones when theparticipating zones and be approved by the voters of the zone or participating zones when the improvement has by the resolution, provided in RCW improvement has by the resolution, provided in RCW 86.15.11086.15.110, been found to be of benefit to a zone or, been found to be of benefit to a zone or participating zones. The bonds may not exceed an amount, together with any outstanding generalparticipating zones. The bonds may not exceed an amount, together with any outstanding general obligation indebtedness, equal to three­fourths of one percent of the value of taxable property within theobligation indebtedness, equal to three­fourths of one percent of the value of taxable property within the zone or participating zones, as the term "value of the taxable property" is defined in RCW zone or participating zones, as the term "value of the taxable property" is defined in RCW 39.36.01539.36.015. The. The bonds shall be issued and sold in accordance with chapter bonds shall be issued and sold in accordance with chapter 39.4639.46 RCW. RCW. [ [ 1984 c 186 § 62.1984 c 186 § 62. Prior: Prior: 1983 c 315 § 21;1983 c 315 § 21; 1983 c 167 § 211;1983 c 167 § 211; 1961 c 153 § 17.1961 c 153 § 17.]] NOTES:NOTES: PurposePurpose——1984 c 186:1984 c 186: See note following RCW See note following RCW 39.46.11039.46.110.. SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. Liberal constructionLiberal construction——SeverabilitySeverability——1983 c 167:1983 c 167: See RCW See RCW 39.46.01039.46.010 and note following. and note following. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2020; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1969ex1c195.pdf?cite=1969%20ex.s.%20c%20195%20%C2%A7%203. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://app.leg.wa.gov/RCW/default.aspx?cite=84.52.056 http://app.leg.wa.gov/RCW/default.aspx?cite=39.36.050 http://app.leg.wa.gov/RCW/default.aspx?cite=39.36.015 http://app.leg.wa.gov/RCW/default.aspx?cite=39.46 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1984c186.pdf?cite=1984%20c%20186%20%C2%A7%2062. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2021; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c167.pdf?cite=1983%20c%20167%20%C2%A7%20211; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2017. http://app.leg.wa.gov/RCW/default.aspx?cite=39.46.110 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://app.leg.wa.gov/RCW/default.aspx?cite=39.46.010 86.15.17586.15.175 Community revitalization financing—Public improvements.Community revitalization financing—Public improvements. In addition to other authority that a flood control zone district possesses, a flood control zoneIn addition to other authority that a flood control zone district possesses, a flood control zone district may provide any public improvement as defined under RCW district may provide any public improvement as defined under RCW 39.89.02039.89.020, but this additional, but this additional authority is limited to participating in the financing of the public improvements as provided under RCWauthority is limited to participating in the financing of the public improvements as provided under RCW 39.89.05039.89.050.. This section does not limit the authority of a flood control zone district to otherwise participate inThis section does not limit the authority of a flood control zone district to otherwise participate in the public improvements if that authority exists elsewhere.the public improvements if that authority exists elsewhere. [ [ 2001 c 212 § 23.2001 c 212 § 23.]] 86.15.17686.15.176 Service charges authorized—Disposition of revenue.Service charges authorized—Disposition of revenue. The supervisors may provide by resolution for revenues by fixing rates and charges for theThe supervisors may provide by resolution for revenues by fixing rates and charges for the furnishing of service to those served or receiving benefits from a flood control improvement includingfurnishing of service to those served or receiving benefits from a flood control improvement including public entities, except as otherwise provided in RCW public entities, except as otherwise provided in RCW 90.03.52590.03.525. The service charge shall be uniform for. The service charge shall be uniform for the same class of benefits or service. In classifying services furnished or benefits received the board maythe same class of benefits or service. In classifying services furnished or benefits received the board may in its discretion consider the character and use of land and its water runoff characteristics and any otherin its discretion consider the character and use of land and its water runoff characteristics and any other matters that present a reasonable difference as a ground for distinction. Service charges shall bematters that present a reasonable difference as a ground for distinction. Service charges shall be applicable to a zone or participating zones. The disposition of all revenue from service charges shall beapplicable to a zone or participating zones. The disposition of all revenue from service charges shall be in accordance with RCW in accordance with RCW 86.15.13086.15.130.. [ [ 1986 c 278 § 61;1986 c 278 § 61; 1983 c 315 § 22;1983 c 315 § 22; 1967 ex.s. c 136 § 7.1967 ex.s. c 136 § 7.]] NOTES:NOTES: SeverabilitySeverability——1986 c 278:1986 c 278: See note following RCW See note following RCW 36.01.01036.01.010.. SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. 86.15.17886.15.178 Revenue bonds—Lien for delinquent service charges.Revenue bonds—Lien for delinquent service charges. (1) The supervisors may authorize the issuance of revenue bonds to finance any flood control(1) The supervisors may authorize the issuance of revenue bonds to finance any flood control improvement or stormwater control improvement. The bonds may be issued by the supervisors in theimprovement or stormwater control improvement. The bonds may be issued by the supervisors in the same manner as prescribed in RCW same manner as prescribed in RCW 36.67.51036.67.510 through through 36.67.57036.67.570 pertaining to counties. The bonds pertaining to counties. The bonds shall be issued on behalf of the zone or participating zones when the improvement has by the resolution,shall be issued on behalf of the zone or participating zones when the improvement has by the resolution, provided in RCW provided in RCW 86.15.11086.15.110, been found to be of benefit to a zone or participating zones. The bonds may, been found to be of benefit to a zone or participating zones. The bonds may be in any form, including bearer bonds or registered bonds.be in any form, including bearer bonds or registered bonds. Each revenue bond shall state on its face that it is payable from a special fund, naming the fundEach revenue bond shall state on its face that it is payable from a special fund, naming the fund and the resolution creating the fund.and the resolution creating the fund. http://app.leg.wa.gov/RCW/default.aspx?cite=39.89.020 http://app.leg.wa.gov/RCW/default.aspx?cite=39.89.050 http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/House/1418-S.SL.pdf?cite=2001%20c%20212%20%C2%A7%2023. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.525 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1986c278.pdf?cite=1986%20c%20278%20%C2%A7%2061; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2022; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967ex1c136.pdf?cite=1967%20ex.s.%20c%20136%20%C2%A7%207. http://app.leg.wa.gov/RCW/default.aspx?cite=36.01.010 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://app.leg.wa.gov/RCW/default.aspx?cite=36.67.510 http://app.leg.wa.gov/RCW/default.aspx?cite=36.67.570 Revenue bond principal, interest, and all other related necessary expenses shall be payable onlyRevenue bond principal, interest, and all other related necessary expenses shall be payable only out of the appropriate special fund.out of the appropriate special fund. A zone or participating zones shall have a lien for delinquent service charges, including interestA zone or participating zones shall have a lien for delinquent service charges, including interest thereon, against the premises benefited by a flood control improvement or stormwater controlthereon, against the premises benefited by a flood control improvement or stormwater control improvement, which lien shall be superior to all other liens and encumbrances except general taxes andimprovement, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. The lien shall be effective and shall be enforced and foreclosed in thelocal and special assessments. The lien shall be effective and shall be enforced and foreclosed in the same manner as provided for sewerage liens of cities and towns by RCW same manner as provided for sewerage liens of cities and towns by RCW 35.67.20035.67.200 through through 35.67.29035.67.290.. (2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in(2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter accordance with chapter 39.4639.46 RCW. RCW. [ [ 1991 c 322 § 10.1991 c 322 § 10. Prior: Prior: 1983 c 315 § 23;1983 c 315 § 23; 1983 c 167 § 212;1983 c 167 § 212; 1967 ex.s. c 136 § 8.1967 ex.s. c 136 § 8.]] NOTES:NOTES: FindingsFindings——IntentIntent——PurposePurpose——1991 c 322:1991 c 322: See notes following RCW See notes following RCW 86.12.20086.12.200.. SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. Liberal constructionLiberal construction——SeverabilitySeverability——1983 c 167:1983 c 167: See RCW See RCW 39.46.01039.46.010 and note following. and note following. 86.15.18086.15.180 Protection of public property.Protection of public property. Any agency or department of the state of Washington, or any political subdivision or municipalAny agency or department of the state of Washington, or any political subdivision or municipal corporation of the state may contribute funds to the county or any zone or zones to assist the county,corporation of the state may contribute funds to the county or any zone or zones to assist the county, zone or zones in carrying out the purposes of this chapter when such agency, department, subdivision orzone or zones in carrying out the purposes of this chapter when such agency, department, subdivision or municipal corporation finds such action will materially contribute to the protection of publicly ownedmunicipal corporation finds such action will materially contribute to the protection of publicly owned property under its jurisdiction.property under its jurisdiction. [ [ 1961 c 153 § 18.1961 c 153 § 18.]] 86.15.19086.15.190 Abatement of nuisances.Abatement of nuisances. The supervisors may order, on behalf of the zone or participating zones, that an action be broughtThe supervisors may order, on behalf of the zone or participating zones, that an action be brought in the superior court of the county to require the removal of publicly or privately owned structures,in the superior court of the county to require the removal of publicly or privately owned structures, improvements, facilities, or accumulations of debris or materials that materially contribute to the dangersimprovements, facilities, or accumulations of debris or materials that materially contribute to the dangers of loss of life or property from flood waters. Where the structures, improvements, facilities, orof loss of life or property from flood waters. Where the structures, improvements, facilities, or accumulations of debris or materials are found to endanger the public health or safety the court shallaccumulations of debris or materials are found to endanger the public health or safety the court shall declare them a public nuisance, and forthwith order their abatement. If the abatement is not completeddeclare them a public nuisance, and forthwith order their abatement. If the abatement is not completed within the time ordered by the court, the county may abate the nuisance and charge the cost of the actionwithin the time ordered by the court, the county may abate the nuisance and charge the cost of the action against the land upon which the nuisance is located, and the payment of the charge may be enforcedagainst the land upon which the nuisance is located, and the payment of the charge may be enforced and collected in the same manner at the same time as county property taxes.and collected in the same manner at the same time as county property taxes. [ [ 1983 c 315 § 24;1983 c 315 § 24; 1961 c 153 § 19.1961 c 153 § 19.]] http://app.leg.wa.gov/RCW/default.aspx?cite=35.67.200 http://app.leg.wa.gov/RCW/default.aspx?cite=35.67.290 http://app.leg.wa.gov/RCW/default.aspx?cite=39.46 http://lawfilesext.leg.wa.gov/biennium/1991-92/Pdf/Bills/Session%20Laws/Senate/5411-S.SL.pdf?cite=1991%20c%20322%20%C2%A7%2010. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2023; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c167.pdf?cite=1983%20c%20167%20%C2%A7%20212; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967ex1c136.pdf?cite=1967%20ex.s.%20c%20136%20%C2%A7%208. http://app.leg.wa.gov/RCW/default.aspx?cite=86.12.200 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://app.leg.wa.gov/RCW/default.aspx?cite=39.46.010 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2018. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2024; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2019. NOTES:NOTES: SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. 86.15.20086.15.200 Flood control zones—Consolidation, abolishment.Flood control zones—Consolidation, abolishment. The board may consolidate any two or more zones or abolish any zone pursuant to a resolutionThe board may consolidate any two or more zones or abolish any zone pursuant to a resolution adopted by the board providing for such action. Before adopting such a resolution, the board shalladopted by the board providing for such action. Before adopting such a resolution, the board shall conduct a public hearing notice of which shall be given as provided by RCW conduct a public hearing notice of which shall be given as provided by RCW 36.32.12036.32.120(7). Any(7). Any indebtedness of any zone or zones which are abolished or consolidated shall not be impaired by theirindebtedness of any zone or zones which are abolished or consolidated shall not be impaired by their abolishment or consolidation, and the board shall continue to levy and collect all necessary taxes andabolishment or consolidation, and the board shall continue to levy and collect all necessary taxes and assessments until such debts are retired. Whenever twenty­five percent of the electors of any zone file aassessments until such debts are retired. Whenever twenty­five percent of the electors of any zone file a petition, meeting the requirements of sufficiency set forth in RCW petition, meeting the requirements of sufficiency set forth in RCW 86.15.02086.15.020, asking that a zone be, asking that a zone be abolished, the board shall: (1) Adopt a resolution abolishing the zone or (2) at the next general electionabolished, the board shall: (1) Adopt a resolution abolishing the zone or (2) at the next general election place a proposition on the ballot calling for a yes or no vote on the abolition of the zone.place a proposition on the ballot calling for a yes or no vote on the abolition of the zone. [ [ 1961 c 153 § 20.1961 c 153 § 20.]] 86.15.21086.15.210 Transfer of property.Transfer of property. A diking, drainage, or sewerage improvement district, flood control district, diking district, drainageA diking, drainage, or sewerage improvement district, flood control district, diking district, drainage district, intercounty diking and drainage district, or zone may convey title to any property improvements ordistrict, intercounty diking and drainage district, or zone may convey title to any property improvements or assets of the districts or zone to the county or a zone for flood control purposes. If the propertyassets of the districts or zone to the county or a zone for flood control purposes. If the property improvements or assets are surplus to the needs of the district or zone the transfer may be made byimprovements or assets are surplus to the needs of the district or zone the transfer may be made by private negotiations, but in all other cases the transfers are subject to the approval of a majority of theprivate negotiations, but in all other cases the transfers are subject to the approval of a majority of the registered voters within the district or zone. Nothing in this section permits any district or zone to impairregistered voters within the district or zone. Nothing in this section permits any district or zone to impair the obligations of any debt or contract of the district or zone.the obligations of any debt or contract of the district or zone. [ [ 1983 c 315 § 25;1983 c 315 § 25; 1961 c 153 § 21.1961 c 153 § 21.]] NOTES:NOTES: SeverabilitySeverability——1983 c 315:1983 c 315: See note following RCW See note following RCW 90.03.50090.03.500.. 86.15.22086.15.220 Planning of improvements.Planning of improvements. Nothing in this chapter shall be construed as limiting the right of counties under the provisions ofNothing in this chapter shall be construed as limiting the right of counties under the provisions of chapters chapters 86.1286.12 and and 86.1386.13 RCW to undertake the planning or engineering studies necessary for flood RCW to undertake the planning or engineering studies necessary for flood control improvements or financing the same from any funds available for such purposes.control improvements or financing the same from any funds available for such purposes. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://app.leg.wa.gov/RCW/default.aspx?cite=36.32.120 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2020. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c315.pdf?cite=1983%20c%20315%20%C2%A7%2025; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2021. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.500 http://app.leg.wa.gov/RCW/default.aspx?cite=86.12 http://app.leg.wa.gov/RCW/default.aspx?cite=86.13 [ [ 1961 c 153 § 22.1961 c 153 § 22.]] 86.15.23086.15.230 Public necessity of chapter.Public necessity of chapter. This chapter is hereby declared to be necessary for the public health, safety, and welfare and thatThis chapter is hereby declared to be necessary for the public health, safety, and welfare and that the taxes and special assessments authorized hereby are found to be for a public purpose.the taxes and special assessments authorized hereby are found to be for a public purpose. [ [ 1961 c 153 § 23.1961 c 153 § 23.]] 86.15.90086.15.900 Severability—Construction—1961 c 153.Severability—Construction—1961 c 153. If any provision of this chapter, as now or hereafter amended, or its application to any person orIf any provision of this chapter, as now or hereafter amended, or its application to any person or circumstance is held invalid, the remainder of the chapter, and its application to other persons orcircumstance is held invalid, the remainder of the chapter, and its application to other persons or circumstances shall not be affected.circumstances shall not be affected. [ [ 1961 c 153 § 24.1961 c 153 § 24.]] 86.15.91086.15.910 Construction of chapter.Construction of chapter. This chapter shall be complete authority for the accomplishment of purposes hereby authorized,This chapter shall be complete authority for the accomplishment of purposes hereby authorized, and shall be liberally construed to accomplish its purposes. Any restrictions, limitations or regulationsand shall be liberally construed to accomplish its purposes. Any restrictions, limitations or regulations contained shall not apply to this chapter. Any act inconsistent herewith shall be deemed modified tocontained shall not apply to this chapter. Any act inconsistent herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only.conform with the provisions of this chapter for the purpose of this chapter only. [ [ 1961 c 153 § 25.1961 c 153 § 25.]] 86.15.92086.15.920 Titles not part of the chapter.Titles not part of the chapter. The section titles shall not be considered a part of this chapter.The section titles shall not be considered a part of this chapter. [ [ 1961 c 153 § 26.1961 c 153 § 26.]] http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2022. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2023. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2024. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2025. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1961c153.pdf?cite=1961%20c%20153%20%C2%A7%2026.