§ 35.92.070. Procedure -- Election
When the governing body of a city or town deems it advisable that the city or town purchase, acquire, or construct any such public utility, or make any additions and betterments thereto or extensions thereof, it shall provide therefor by ordinance, which shall specify and adopt the system or plan proposed, and declare the estimated cost thereof, as near as may be, and the ordinance shall be submitted for ratification or rejection by majority vote of the voters of the city or town at a general or special election.
(1) No submission shall be necessary:
(a) When the work proposed is an addition to, or betterment of, extension of, or an increased water supply for existing waterworks, or an addition, betterment, or extension of an existing system or plant of any other public utility;
(b) When in the charter of a city a provision has been adopted authorizing the corporate authorities thereof to provide by ordinance for acquiring, opening, or operating any of such public utilities; or
(c) When in the judgment of the corporate authority, the public health is being endangered by the discharge of raw or untreated sewage into any body of water and the danger to the public health may be abated by the construction and maintenance of a sewage disposal plant.
(2) Notwithstanding subsection (1) of this section, submission to the voters shall be necessary if:
(a) The project or work may produce electricity for sale in excess of present or future needs of the water system;
(b) The city or town does not own or operate an electric utility system;
(c) The work involves an ownership greater than twenty-five percent in a new water supply project combined with an electric generation facility; and
(d) The combined facility has an installed capacity in excess of five megawatts.
(3) Notwithstanding subsection (1) of this section, submission to the voters shall be necessary to make extensions to a public utility which would expand the previous service capacity by fifty percent or more, where such increased service capacity is financed by the issuance of general obligation bonds.
(4) Thirty days' notice of the election shall be given in the official newspaper of the city or town, by publication at least once each week in the paper during such time.
(5) When a proposition has been adopted, or in the cases where no submission is necessary, the corporate authorities of the city or town may proceed forthwith to purchase, construct, and acquire the public utility or make additions, betterments, and extensions thereto and to make payment therefor.
[1987 c 145 § 1. Prior: 1985 c 445 § 11; 1985 c 444 § 3; 1965 c 7 §35.92.070 ; prior: 1941 c 147 § 1; 1931 c 53 § 2; 1909 c 150 § 2; 1901 c 85 § 1; 1897 c 112 § 2; 1893 c 8 § 2; 1891 c 141 § 1; 1890 p 520 § 2; Rem. Supp. 1941 § 9489. Formerly RCW 80.40.070.]
Notes:
Intent -- Construction -- Severability -- 1985 c 444: See notes following RCW 35.92.010.
Elections: Title 29A RCW. Sections: Previous 35.92.027 35.92.030 35.92.040 35.92.050 35.92.052 35.92.054 35.92.060 35.92.070 35.92.075 35.92.080 35.92.090 35.92.100 35.92.105 35.92.110 35.92.120 Next
Last modified: April 7, 2009