Dissolution of Districts Without Bonds (Revised Code of Washington (RCW): Title 87 Irrigation; Chapter 87.52)

Chapter Chapter 87.5287.52 RCW RCW Chapter ListingChapter Listing | | RCW DispositionsRCW Dispositions DISSOLUTION OF DISTRICTS WITHOUT BONDSDISSOLUTION OF DISTRICTS WITHOUT BONDS SectionsSections 87.52.00187.52.001 Actions subject to review by boundary review board.Actions subject to review by boundary review board. 1897 ACT1897 ACT 87.52.01087.52.010 Dissolution authorized.Dissolution authorized. 87.52.01587.52.015 Petition.Petition. 87.52.03087.52.030 ElectionElection——BallotsBallots——Qualified electors.Qualified electors. 87.52.04087.52.040 Vote requiredVote required——Petition to courtPetition to court——Notice and publication of hearingNotice and publication of hearing——Court order.Court order. 87.52.06087.52.060 Board of directors as trusteesBoard of directors as trustees——DutiesDuties——Records to be delivered to clerk.Records to be delivered to clerk. 1939 ACT1939 ACT 87.52.07087.52.070 Dissolution when not brought under irrigation for twenty years.Dissolution when not brought under irrigation for twenty years. 87.52.08087.52.080 Petition.Petition. 87.52.09087.52.090 ElectionElection——Procedure when three­fifths vote for disorganization.Procedure when three­fifths vote for disorganization. NOTES:NOTES: Dissolution of inactive special purpose districts: Chapter Dissolution of inactive special purpose districts: Chapter 36.9636.96 RCW. RCW. 87.52.00187.52.001 Actions subject to review by boundary review board.Actions subject to review by boundary review board. Actions taken under chapter Actions taken under chapter 87.5287.52 RCW may be subject to potential review by a boundary review RCW may be subject to potential review by a boundary review board under chapter board under chapter 36.9336.93 RCW. RCW. [ [ 1989 c 84 § 67.1989 c 84 § 67.]] 87.52.01087.52.010 Dissolution authorized.Dissolution authorized. Any irrigation district, organized and existing by virtue of laws of this state, which has no bondedAny irrigation district, organized and existing by virtue of laws of this state, which has no bonded indebtedness outstanding, may be disorganized and its business and affairs liquidated and wound up inindebtedness outstanding, may be disorganized and its business and affairs liquidated and wound up in the manner hereinafter provided.the manner hereinafter provided. [ [ 1897 c 79 § 1;1897 c 79 § 1; RRS § 7526. FORMER PART OF SECTION: RRS § 7526. FORMER PART OF SECTION: 1897 c 79 § 2;1897 c 79 § 2; RRS § 7527, now codified RRS § 7527, now codified as RCW as RCW 87.52.01587.52.015.].] http://app.leg.wa.gov/RCW/default.aspx?cite=87.52 https://app.leg.wa.gov/RCW/default.aspx?cite=87.52 https://app.leg.wa.gov/RCW/dispo.aspx?cite=87.52 http://app.leg.wa.gov/RCW/default.aspx?cite=36.96 http://app.leg.wa.gov/RCW/default.aspx?cite=87.52 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%2067. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1897c79.pdf?cite=1897%20c%2079%20%C2%A7%201; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1897c79.pdf?cite=1897%20c%2079%20%C2%A7%202; 87.52.01587.52.015 Petition.Petition. A petition signed by one­third or more holders of title or evidence of title to lands within saidA petition signed by one­third or more holders of title or evidence of title to lands within said district who shall be qualified electors thereof, reciting the fact that said district has no bondeddistrict who shall be qualified electors thereof, reciting the fact that said district has no bonded indebtedness and praying that said district be disorganized under the provisions of RCW indebtedness and praying that said district be disorganized under the provisions of RCW 87.52.01087.52.010 through through 87.52.06087.52.060, shall be delivered to the secretary of the board of directors of said district or to one of, shall be delivered to the secretary of the board of directors of said district or to one of the directors thereof.the directors thereof. [ [ 1897 c 79 § 2;1897 c 79 § 2; RRS § 7527. Formerly RCW RRS § 7527. Formerly RCW 87.52.01087.52.010, part.], part.] 87.52.03087.52.030 Election—Ballots—Qualified electors.Election—Ballots—Qualified electors. Upon the delivery of said petition the board of directors of said irrigation district shall, at their nextUpon the delivery of said petition the board of directors of said irrigation district shall, at their next succeeding regular monthly meeting, order an election, the date of which election shall be within twentysucceeding regular monthly meeting, order an election, the date of which election shall be within twenty days from the date of said meeting of the board of directors and which election shall be conducted asdays from the date of said meeting of the board of directors and which election shall be conducted as other elections of irrigation districts are conducted. At said election the qualified electors of said irrigationother elections of irrigation districts are conducted. At said election the qualified electors of said irrigation district shall cast ballots which shall contain the words "Disorganize, Yes," or "Disorganize, No." Nodistrict shall cast ballots which shall contain the words "Disorganize, Yes," or "Disorganize, No." No person shall be entitled to vote at any election held under the provisions of RCW person shall be entitled to vote at any election held under the provisions of RCW 87.52.01087.52.010 through through 87.52.06087.52.060 unless he or she is a qualified voter under the election laws of the state, and holds title or unless he or she is a qualified voter under the election laws of the state, and holds title or evidence of title to land in said district.evidence of title to land in said district. [ [ 2013 c 23 § 517;2013 c 23 § 517; 1897 c 79 § 3;1897 c 79 § 3; RRS § 7528. FORMER PART OF SECTION: 1939 c 149 § 3, part; RRS § 7528. FORMER PART OF SECTION: 1939 c 149 § 3, part; RRS § 7527­3, part, now codified in RCW RRS § 7527­3, part, now codified in RCW 87.52.09087.52.090.].] NOTES:NOTES: Irrigation district elections: RCW Irrigation district elections: RCW 87.03.03087.03.030 through through 87.03.11087.03.110.. Voter registration: Chapter Voter registration: Chapter 29A.0829A.08 RCW. RCW. 87.52.04087.52.040 Vote required—Petition to court—Notice and publication of hearing—Court order.Vote required—Petition to court—Notice and publication of hearing—Court order. If three­fifths of the votes cast at any election under the provisions of RCW If three­fifths of the votes cast at any election under the provisions of RCW 87.52.01087.52.010 through through 87.52.06087.52.060 shall contain the words "Disorganize, Yes," then the board of directors shall present to the shall contain the words "Disorganize, Yes," then the board of directors shall present to the superior judge of the county in which said irrigation district is located an application for an order of saidsuperior judge of the county in which said irrigation district is located an application for an order of said superior court that such irrigation district be declared disorganized and dissolved, and that its affairs besuperior court that such irrigation district be declared disorganized and dissolved, and that its affairs be liquidated and wound up, as provided for in RCW liquidated and wound up, as provided for in RCW 87.52.01087.52.010 through through 87.52.06087.52.060, and reciting that at an, and reciting that at an election of such irrigation district, held as provided in RCW election of such irrigation district, held as provided in RCW 87.52.01087.52.010 through through 87.52.06087.52.060, three­fifths of, three­fifths of the votes cast contained the words "Disorganize, Yes," and such petition shall be certified to by thethe votes cast contained the words "Disorganize, Yes," and such petition shall be certified to by the directors of said district. They shall also file with said superior court a statement, sworn to by the directorsdirectors of said district. They shall also file with said superior court a statement, sworn to by the directors of said irrigation district, showing all outstanding indebtedness of said irrigation district, or if there be noof said irrigation district, showing all outstanding indebtedness of said irrigation district, or if there be no such indebtedness, then the directors shall make oath to that effect. Notice of said application shall besuch indebtedness, then the directors shall make oath to that effect. Notice of said application shall be given by the clerk, which notice shall set forth the nature of the application, and shall specify the time andgiven by the clerk, which notice shall set forth the nature of the application, and shall specify the time and http://leg.wa.gov/CodeReviser/documents/sessionlaw/1897c79.pdf?cite=1897%20c%2079%20%C2%A7%202; http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/5077-S.SL.pdf?cite=2013%20c%2023%20%C2%A7%20517; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1897c79.pdf?cite=1897%20c%2079%20%C2%A7%203; http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.030 http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.110 http://app.leg.wa.gov/RCW/default.aspx?cite=29A.08 place at which it is to be heard, and shall be published in a newspaper of the county printed andplace at which it is to be heard, and shall be published in a newspaper of the county printed and published nearest to said irrigation district, once each week for four weeks, or if no newspaper ispublished nearest to said irrigation district, once each week for four weeks, or if no newspaper is published in the county, by publication in the newspaper nearest thereto in the state. At the time andpublished in the county, by publication in the newspaper nearest thereto in the state. At the time and place appointed in the notice, or at any other time to which it may be postponed by the judge, he or sheplace appointed in the notice, or at any other time to which it may be postponed by the judge, he or she shall proceed to consider the application, and if satisfied that the provisions of RCW shall proceed to consider the application, and if satisfied that the provisions of RCW 87.52.01087.52.010 through through 87.52.06087.52.060 have been complied with he or she shall enter an order declaring said irrigation district have been complied with he or she shall enter an order declaring said irrigation district dissolved and disorganized.dissolved and disorganized. [ [ 2013 c 23 § 518;2013 c 23 § 518; 1897 c 79 § 4;1897 c 79 § 4; RRS § 7529. Formerly RCW RRS § 7529. Formerly RCW 87.52.04087.52.040 and and 87.52.05087.52.050. FORMER. FORMER PART OF SECTION: 1939 c 149 § 3, part; RRS § 7527­3, part, now codified in RCW PART OF SECTION: 1939 c 149 § 3, part; RRS § 7527­3, part, now codified in RCW 87.52.09087.52.090.].] 87.52.06087.52.060 Board of directors as trustees—Duties—Records to be delivered to clerk.Board of directors as trustees—Duties—Records to be delivered to clerk. Upon the disorganization of any irrigation district under the provisions of RCW Upon the disorganization of any irrigation district under the provisions of RCW 87.52.01087.52.010 through through 87.52.06087.52.060, the board of directors at the time of the disorganization shall be trustees of the creditors and, the board of directors at the time of the disorganization shall be trustees of the creditors and of the property holders of said district for the purpose of collecting and paying all indebtedness of saidof the property holders of said district for the purpose of collecting and paying all indebtedness of said district, in which actual construction work has been done, and shall have the power to sue and be sued.district, in which actual construction work has been done, and shall have the power to sue and be sued. It shall be the duty of said board of directors, and they shall have the power and authority, to levy andIt shall be the duty of said board of directors, and they shall have the power and authority, to levy and collect a tax sufficient to pay all such indebtedness, which tax shall be levied and collected in the mannercollect a tax sufficient to pay all such indebtedness, which tax shall be levied and collected in the manner prescribed by law for the levying and collection of taxes of irrigation districts. Any balance of moneys ofprescribed by law for the levying and collection of taxes of irrigation districts. Any balance of moneys of said district remaining over after all outstanding indebtedness and the cost of the proceedings undersaid district remaining over after all outstanding indebtedness and the cost of the proceedings under RCW RCW 87.52.01087.52.010 through through 87.52.06087.52.060 have been paid shall be divided and refunded to the assessment have been paid shall be divided and refunded to the assessment payers in said irrigation district, to each in proportion to the amount contributed by him or her to the totalpayers in said irrigation district, to each in proportion to the amount contributed by him or her to the total amount of assessments collected by said district. Said board of directors shall report to the court fromamount of assessments collected by said district. Said board of directors shall report to the court from time to time as the court may direct, and upon a showing to the court that all indebtedness has beentime to time as the court may direct, and upon a showing to the court that all indebtedness has been paid, an order shall be entered discharging said board of directors. Upon the entry of such order saidpaid, an order shall be entered discharging said board of directors. Upon the entry of such order said board of directors and all the officers of said district shall deliver over to the clerk of said court all books,board of directors and all the officers of said district shall deliver over to the clerk of said court all books, papers, records, and documents belonging to said district, or under their control as officers thereof:papers, records, and documents belonging to said district, or under their control as officers thereof: PROVIDED, That nothing herein contained shall be construed to validate or authorize the payment ofPROVIDED, That nothing herein contained shall be construed to validate or authorize the payment of any indebtedness of said district exceeding the legal limitation of indebtedness specified by law forany indebtedness of said district exceeding the legal limitation of indebtedness specified by law for irrigation districts; or any indebtedness contracted by such irrigation district or its officers without lawfulirrigation districts; or any indebtedness contracted by such irrigation district or its officers without lawful authority.authority. [ [ 2013 c 23 § 519;2013 c 23 § 519; 1897 c 79 § 5;1897 c 79 § 5; RRS § 7530.] RRS § 7530.] NOTES:NOTES: Assessments, levy and collection of taxes: RCW Assessments, levy and collection of taxes: RCW 87.03.24087.03.240 through through 87.03.30587.03.305.. Powers as to incurring indebtedness: RCW Powers as to incurring indebtedness: RCW 87.03.47587.03.475.. 87.52.07087.52.070 Dissolution when not brought under irrigation for twenty years.Dissolution when not brought under irrigation for twenty years. http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/5077-S.SL.pdf?cite=2013%20c%2023%20%C2%A7%20518; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1897c79.pdf?cite=1897%20c%2079%20%C2%A7%204; http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/5077-S.SL.pdf?cite=2013%20c%2023%20%C2%A7%20519; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1897c79.pdf?cite=1897%20c%2079%20%C2%A7%205; http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.240 http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.305 http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.475 Any irrigation district of the state of Washington, now existing or hereafter organized, which hasAny irrigation district of the state of Washington, now existing or hereafter organized, which has no bonded indebtedness outstanding, and which has been in existence for more than twenty yearsno bonded indebtedness outstanding, and which has been in existence for more than twenty years without having secured the irrigation of any of its lands, may be disorganized and its business and affairswithout having secured the irrigation of any of its lands, may be disorganized and its business and affairs liquidated and wound up in the manner hereinafter provided.liquidated and wound up in the manner hereinafter provided. [ [ 1939 c 149 § 1;1939 c 149 § 1; RRS § 7527­1. Formerly RCW RRS § 7527­1. Formerly RCW 87.52.02087.52.020, part.], part.] 87.52.08087.52.080 Petition.Petition. A petition signed by twenty­five or more holders of title or evidence of title to lands within saidA petition signed by twenty­five or more holders of title or evidence of title to lands within said district who shall be qualified electors, reciting the fact that said district has no bonded indebtedness, hasdistrict who shall be qualified electors, reciting the fact that said district has no bonded indebtedness, has been in existence for more than twenty years, and has secured no irrigation for any of its lands, andbeen in existence for more than twenty years, and has secured no irrigation for any of its lands, and praying that said district be disorganized under the provisions of RCW praying that said district be disorganized under the provisions of RCW 87.52.07087.52.070 through through 87.52.09087.52.090,, shall be delivered to the secretary of the board of directors of said district or to one of the directorsshall be delivered to the secretary of the board of directors of said district or to one of the directors thereof.thereof. [ [ 1939 c 149 § 2;1939 c 149 § 2; RRS § 7527­2. Formerly RCW RRS § 7527­2. Formerly RCW 87.52.02087.52.020, part.], part.] 87.52.09087.52.090 Election—Procedure when three­fifths vote for disorganization.Election—Procedure when three­fifths vote for disorganization. Upon the delivery of said petition, as aforesaid, the board of directors of said district, the secretaryUpon the delivery of said petition, as aforesaid, the board of directors of said district, the secretary thereof, and all other officials provided by law, shall call, notice, conduct and canvass an election, and ifthereof, and all other officials provided by law, shall call, notice, conduct and canvass an election, and if three­fifths of the votes cast at said election are in favor of the disorganization of the district, shallthree­fifths of the votes cast at said election are in favor of the disorganization of the district, shall proceed with the disorganization of the district, all in the manner, with the same powers and with theproceed with the disorganization of the district, all in the manner, with the same powers and with the same force and effect and in accordance with RCW same force and effect and in accordance with RCW 87.52.03087.52.030 through through 87.52.06087.52.060.. [ [ 1939 c 149 § 3;1939 c 149 § 3; RRS § 7527­3. Formerly RCW RRS § 7527­3. Formerly RCW 87.52.03087.52.030, part and , part and 87.52.04087.52.040, part.], part.] http://leg.wa.gov/CodeReviser/documents/sessionlaw/1939c149.pdf?cite=1939%20c%20149%20%C2%A7%201; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1939c149.pdf?cite=1939%20c%20149%20%C2%A7%202; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1939c149.pdf?cite=1939%20c%20149%20%C2%A7%203;