Revised Code of Washington - RCW Title 86 Flood Control - Chapter 86.09 Flood Control Districts -- 1937 Act

86.09.001 Districts authorized -- Purpose
Flood control districts may be created and maintained in this state, as herein provided, for the protection of life and property, the preservation of the ...

86.09.004 Districts to provide control of water -- Territory includable -- Powers of district wholly within city or town
Such flood control districts shall be organized to provide for the ultimate necessary control of the entire part, or all, of the stream system of ...

86.09.010 Authorized purposes
Such flood control districts may be organized or maintained for any, or all, the following general purposes: (1) The investigation, planning, construction, improvement, replacement, repair ...

86.09.013 State school or other public lands includable
State granted school or other public lands of the state of Washington may be included within such flood control districts.[1937 c 72 § 5; RRS ...

86.09.016 Interest in public lands considered as private property -- State or public title not affected
All leases, contracts or other form of holding any interest in any state or public land shall be treated as the private property of the ...

86.09.019 Federal lands includable
Lands of the federal government may be included within such districts in the manner and subject to the conditions, now or hereafter specified in the ...

86.09.020 Certain powers and rights governed by chapter 85.38 RCW
Flood control districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided ...

86.09.148 District's corporate powers
A flood control district created under this chapter shall constitute a body corporate and shall possess all the usual powers of a corporation for public ...

86.09.151 General powers of districts
(1) Said flood control districts shall have full authority to carry out the objects of their creation and to that end are authorized to acquire, ...

86.09.152 Exemption of farm and agricultural land from special benefit assessments
See RCW 84.34.300 through 84.34.380 and 84.34.922. ...

86.09.154 Sale, lease, use of water by district
Duly created flood control districts, when maintaining and operating flood control works, shall have authority incidental thereto to lease, acquire, construct, operate and maintain appropriate ...

86.09.157 Special assessment bonds authorized -- Payment from income
Said flood control districts shall also have authority to issue and sell special assessment bonds or notes of the district in accordance with chapter 85.38 ...

86.09.160 Power of district to act for United States
Flood control districts created under the provisions of this chapter shall have authority to act as fiscal agent or other authority for the United States ...

86.09.163 Contracts with United States or state -- Supervision of works
The district board shall have authority to enter into any obligation or contract authorized by law with the United States or with the state of ...

86.09.166 Contracts with United States or state -- Control, management of works -- Contribution of funds
Flood control districts created under this chapter shall have authority to enter into contracts with, and/or contribute funds to, the United States or any agency ...

86.09.169 Contracts with United States or state -- Bonds as security -- Annual assessment and levy
In case a contract has been or shall be hereafter made between the district and the United States, or any agency thereof, or with the ...

86.09.172 Contracts with United States or state -- When submission to electors required
No contract, however, requiring the levy of assessments for more than one year shall be entered into by the district as above provided unless a ...

86.09.175 Installment contracts -- Approval
Contracts entered into by districts for construction or for services or materials, may provide that payments shall be made in such monthly proportion of the ...

86.09.178 Construction contracts -- Public bids, procedure
Contracts for construction, or for labor or materials entering into the construction of any improvement authorized by the district shall be awarded at public bidding ...

86.09.181 Contractor's bond
Any person, except the state of Washington and the United States, acting under the provisions of this chapter, to whom or to which a contract ...

86.09.196 Construction in parts or units -- Liability for assessment
The district shall have authority upon the adoption of a comprehensive plan of flood control with the approval of the state director to provide for ...

86.09.202 Eminent domain -- Authorized
The taking and damaging of property or rights therein or thereto by a flood control district to construct an improvement or to fully carry out ...

86.09.205 Eminent domain -- Procedure
Flood control districts exercising the power of eminent domain shall proceed in the name of the district in the manner provided by law for the ...

86.09.208 Eminent domain -- Consolidation of actions -- Separate verdicts
The district may at its option unite in a single action proceedings to condemn, for its use, property which is held by separate owners. Two ...

86.09.211 Eminent domain -- Damages, how determined -- Judgment when damages exceed benefits
The jury, or court if the jury be waived, in such condemnation proceedings shall find and return a verdict for the amount of damages sustained: ...

86.09.214 Eminent domain -- Judgment, when benefits equal or exceed damages
If it shall appear by the verdict that the gross special benefits equal or exceed the gross damages, judgment shall be entered against the district ...

86.09.217 Eminent domain -- Right to levy on other land not affected
If the damages found in any condemnation proceedings are to be paid for from funds of the flood control district, no finding of the jury ...

86.09.220 Eminent domain -- Unpaid damages to be applied in satisfaction of levies -- Deficiency assessments
The damages thus allowed but not paid shall be applied pro tanto to the satisfaction of the levies made for such construction costs upon the ...

86.09.223 Eminent domain -- Title and estate acquired
The title acquired by the district in condemnation proceedings shall be the fee simple title or such lesser estate as shall be designated in the ...

86.09.226 Right of entry to make surveys and locate works
The district board and its agents and employees shall have the right to enter upon any land, to make surveys and may locate the necessary ...

86.09.229 Crossing road or public utility -- Notice, plan, cost, etc
Whenever in the progress of the construction of the system of district improvement, it shall become necessary to construct a portion of such system across ...

86.09.232 Right-of-way on state land, exception
The right-of-way is hereby given, dedicated and set apart to locate, construct and maintain district works over and through any of the lands which are ...

86.09.235 Power to construct works inside or outside of district
Flood control districts organized under the provisions of this chapter shall have authority to construct, operate and maintain any and all necessary flood control works ...

86.09.259 Board of directors -- Number -- Officers
A flood control district shall be managed by a board of directors consisting of three members. The initial directors shall be appointed, and the elected ...

86.09.265 Board of directors -- Quorum -- Majority vote required
A majority of the directors shall constitute a quorum for the transaction of business, and in all matters requiring action by the board, there shall ...

86.09.268 Board of directors -- Powers and duties
The board shall have the power and it shall be its duty to adopt a seal of the district, to manage and conduct the business ...

86.09.271 Board of directors -- Location of district office -- Change of location
The office of the directors and principal place of business of the district shall be located, if possible, at some place within the district to ...

86.09.274 Board of directors -- Meetings -- Change of date
The directors shall hold a regular meeting at their office at least once a year, or more frequently, on the date or dates the board ...

86.09.277 Board of directors -- Special meetings -- When notice required -- Authorized business
Special meetings of the board may be called at any time by order of a majority of the directors. Any member not joining in said ...

86.09.280 Board of directors -- Meetings and records public -- Printing of bylaws and rules
All meetings of the directors must be public. All records of the board shall be open for the inspection of any elector of the district ...

86.09.283 Board of directors -- Compensation and expenses of members and employees
The board of directors may each receive up to ninety dollars per day or portion thereof spent in actual attendance at official meetings of the ...

86.09.286 Board of directors -- Personal interest in contracts prohibited -- Penalty -- Officer may be employed
No director or any other officer named in this chapter shall in any manner be interested, directly or indirectly, in any contract awarded or to ...

86.09.292 Board of directors -- Chairman of county commissioners may act when quorum not present
In case any member of the district board is absent at the time of any regular monthly meeting of said board, and a quorum of ...

86.09.301 Board of directors -- Oath
Every district officer, upon taking office, shall take and subscribe an official oath for the faithful discharge of the duties of his office during the ...

86.09.304 Bond of officer or employee handling funds
Every district officer or employee handling any district funds shall execute a surety bond payable to the district in the sum of double the estimated ...

86.09.307 Bonds -- Cost charged to district
All official bonds executed by district officers under the provisions of this chapter shall be secured at the cost of the district.[1937 c 72 § ...

86.09.310 Delivery of property to successor
Every person, upon the expiration or sooner termination of his term of office as an officer of the district, shall immediately turn over and deliver, ...

86.09.313 Nearest county treasurer as ex officio district treasurer
The county treasurer of any county in which lands within the flood control district are situated, whose office is nearest distant by public highway to ...

86.09.319 Treasurer's liability
Any county treasurer collecting or handling funds of the district shall be liable upon his official bond and to criminal prosecution for malfeasance, misfeasance or ...

86.09.322 County treasurers to collect and remit assessments
It shall be the duty of the county treasurer of each county, in which lands included within the operation of the district are located, to ...

86.09.325 Disbursement of funds by district treasurer
The ex officio district treasurer shall pay out moneys collected or deposited with him in behalf of the district, or portions thereof, upon warrants issued ...

86.09.328 Monthly report by district treasurer
The said ex officio district treasurer shall report in writing on or before the fifteenth day of each month to the district board, the amount ...

86.09.377 Voting rights
Each qualified voter of a flood control district who owns more than ten acres of land within the district shall be entitled to two additional ...

86.09.379 Elections -- Informality not fatal
No informality in conducting any election authorized by this chapter shall invalidate the same, if the election shall have been otherwise fairly conducted.[1937 c 72 ...

86.09.380 Special assessments -- Budgets -- Alternative methods
RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which flood control districts in existence as of July 28, 1985, may measure and ...

86.09.382 Assessments -- Presumption that land benefited by class -- Benefit ratio basis of assessment
It shall be and hereby is presumed that lands within flood control districts organized under the provisions of this chapter, shall be benefited in relation ...

86.09.385 Assessments -- Base map of lands within the district
As a basis for the levy of all assessments authorized under this chapter, the county legislative authority of the county within which the major portion ...

86.09.388 Assessments -- Appointment of appraisers -- Determination of benefit ratios
Upon receipt of the base map the board of directors of the district shall appoint a board of three appraisers subject to the written approval ...

86.09.391 Assessments -- Appraisers' board, chairman and secretary -- Compensation and expenses
The board of appraisers shall elect a member as chairman and the secretary of the district or his deputy shall be ex officio secretary of ...

86.09.394 Assessments -- Classification of lands according to benefits -- Factors considered
For the purpose of determining said ratios of benefits, said board of appraisers shall segregate the acreage of the respective lands within the district into ...

86.09.397 Assessments -- Classification of lands by appraisers -- Classes described
Said board of appraisers shall have full authority and it shall be its duty to segregate and classify the acreage of the lands and subdivisions ...

86.09.400 Assessments -- Percentage of benefits to lands as classed -- Relative ratios
Said board of appraisers shall have full authority and it shall be its duty to determine the percentage of benefits which the acreage of the ...

86.09.403 Assessments -- Surveys, investigations to determine classification and benefits
In determining the classification of said lands and their relative percentages of benefits, as herein provided, said board of appraisers shall consider the benefits of ...

86.09.406 Assessments -- Permanency of ratios of benefits as fixed
The ratio of percentage determined by said board of appraisers for each class of lands aforesaid shall constitute the ratio of benefits of each acre ...

86.09.409 Assessments -- Alternative method of determining benefit ratios
As an independent and alternative method to any other method herein authorized and subject to the prior written approval of the county legislative authority of ...

86.09.412 Assessments -- Alternative method, percentage shall fix the class
In case said alternative method of determining the ratio of benefits is adopted by any such district the percentage given a tract of land shall ...

86.09.415 Assessments -- Determining relative values -- General tax rolls
In determining the relative values of such lands, including improvements thereon, the assessed valuation of the same for general tax purposes last equalized shall be ...

86.09.418 Assessments -- Revision of benefit classification -- Appointment of reappraisers -- Effect of reexamination
Upon completion of the control works of the district or of any unit thereof, the board of directors of the district may, with the written ...

86.09.421 Assessments -- Descriptions of lands as appraised and classified -- Map and filing thereof
When said board of appraisers shall have made said determination of the ratio of benefits, as aforesaid, all the lands within the district shall be ...

86.09.424 Assessments -- Hearing on objections to assessment ratios -- Time -- Place
The secretary of the district shall immediately fix a time for hearing objections to the assessment ratios determined by said board of appraisers as shown ...

86.09.427 Assessments -- Notice of hearing, publication
Notice of said hearing shall be given by the secretary of the district by causing a copy of the same to be published for three ...

86.09.430 Assessments -- Contents of notice of hearing
Said notice of hearing on said determination of assessment ratios shall state that the base assessment map designating the classes in which the lands in ...

86.09.433 Assessments -- Conduct of hearing -- Order
At the time set for said hearing the county legislative authority shall be present at the place designated in the notice and if it appears ...

86.09.439 Assessments -- Conclusiveness of base assessment map
Upon the signing of said order by said county legislative authority and the attachment of the same to said base assessment map, said base assessment ...

86.09.442 Assessments -- Copies of base assessment map to be filed with county assessors
When confirmed by order of said county legislative authority as aforesaid, or by order of said county legislative authority making any changes decreed by the ...

86.09.445 Assessments -- Levies to be made according to base assessment map
Assessments made against the respective lands in the district to carry out any of the purposes of this chapter shall be levied in accordance with ...

86.09.448 Assessments -- Appeal to courts
Any person, firm or corporation feeling aggrieved at any determination by said county legislative authority of the classification or relative percentage of his or its ...

86.09.451 Assessments -- Notice of appeal
No such appeal shall be entertained by the court unless notice of the same containing a statement of the substance of the matter complained of ...

86.09.454 Assessments -- Appeal -- Stay bond, when required
No bond shall be required unless a stay is desired, and an appeal shall not be a stay, unless within five days following the service ...

86.09.457 Assessments -- Civil practice to apply -- Costs, liability of district
Costs shall be paid as in civil cases brought in the superior court, and the practices in civil cases shall apply: PROVIDED, That any costs ...

86.09.460 Assessments -- Appeal from superior to supreme court
An appeal shall lie from the judgment of the superior court as in other civil cases.[1937 c 72 § 154; RRS § 9663E-154. Formerly RCW ...

86.09.463 Assessments -- County legislative authority's determination deemed prima facie correct on appeal
In all said appeals from the determination of said county legislative authority, as herein provided, said determination and all parts thereof shall be deemed to ...

86.09.466 Assessments -- District budget -- Approval -- Basis for assessment roll
The secretary of the district on or before the first day of November in each year shall estimate the amount of money necessary to be ...

86.09.469 Assessments -- Assessment roll, contents -- Headings
On such assessment roll in separate columns, must be specified under the appropriate headings: (1) The reputed owner of the property assessed. If the reputed ...

86.09.472 Assessments -- Margin for anticipated delinquencies
For the purpose of apportioning the amount of money to be raised by assessment, to the several tracts of land in accordance with their respective ...

86.09.475 Assessments -- How calculated
In calculating the amount of assessments to be charged against the respective tracts of land included in the annual district assessment roll, the per acre ...

86.09.478 Assessments -- Omitted property may be back-assessed
Any property which may have escaped assessment for any year or years, shall in addition to the assessment for the then current year, be assessed ...

86.09.481 Assessments -- Lands in more than one county
Where the district embraces lands lying in more than one county the assessment roll shall be so arranged that the lands lying in each county ...

86.09.484 Equalization of assessments -- Notice and time for meeting of board of equalization
Upon completion of the assessment roll the secretary shall deliver the same to the district board and immediately give notice thereof and of the time ...

86.09.487 Equalization of assessments -- Meeting of directors as board, length of time -- Completion of roll
Upon the day specified in the notice required by the preceding section for the meeting, the board of directors, which is hereby constituted a board ...

86.09.489 Levy where total assessment less than two dollars
When the assessment roll is completed as finally equalized by the board of directors and the total assessment against any tract or contiguous tracts owned ...

86.09.490 Assessment lien -- Priority
The assessment upon real property shall be a lien against the property assessed, from and after the first day of January in the year in ...

86.09.493 Payment of assessment -- Date of delinquency -- Notice to pay -- Assessment book -- Statements
On or before the fifteenth day of January in each year the secretary must deliver the assessment roll or the respective segregations thereof to the ...

86.09.496 Delinquency list -- Posting and publication
On or before the thirty-first day of December of each year, the county treasurer of the county in which the land is located shall cause ...

86.09.499 Sale for delinquent assessments -- Postponement
The treasurer of the county in which the land is situated shall conduct the sale of all lands situated therein and must collect in addition ...

86.09.502 Sale for delinquent assessments -- How conducted -- Certificate of sale -- District as purchaser -- Fee
The owner or person in possession of any real estate offered for sale for assessments due thereon may designate in writing to the county treasurer, ...

86.09.505 Sale for delinquent assessments -- Entries in assessment book -- Book open to inspection -- Lien vested in purchaser
The county treasurer, before delivering any certificate must file the same and enter in the assessment book opposite the description of the land sold, the ...

86.09.508 Sale for delinquent assessments -- Redemption, when and how made
A redemption of the property sold may be made by the owner or any person on behalf and in the name of the owner or ...

86.09.511 Sale for delinquent assessments -- Entry of redemption -- Deed on demand if not redeemed in two years -- Fee
Upon completion of redemption, the county treasurer to whom redemption has been made shall enter the word "redeemed", the date of redemption and by whom ...

86.09.514 Sale for delinquent assessments -- Effect and validity of deed
The matter recited in the certificate of sale must be recited in the deed, and such deed duly acknowledged or proved is prima facie evidence ...

86.09.517 Sale for delinquent assessments -- Mistake, misnomer does not affect sale
When land is sold for assessments correctly imposed, as the property of a particular person, no misnomer of the owner or supposed owner, or other ...

86.09.520 District lands exempt from general taxes -- Leasing, application of proceeds
All unsold lands owned by the district shall be exempt from general ad valorem taxes while title to same remains in the district. The district ...

86.09.523 Liability of city, town or subdivision for benefits to roads, streets, or sewer systems
Whenever any system of improvement constructed under the provisions of this chapter results in benefit to the whole or any part of a public street ...

86.09.526 Liability of public and private lands for benefits
All school, granted, and other state lands, and lands owned by the United States, when legally possible, and all county, city and other municipally owned ...

86.09.529 Assessment payment by city, county, subdivision -- Payment by state for highway benefit
Assessments charged to any city, town, county, or subdivision thereof shall be paid from any fund of the city, town, county, or subdivision, as its ...

86.09.532 District funds -- Created
There are hereby created for district purposes the following special funds: (1) Expense fund, (2) surplus fund, (3) suspense fund, (4) general bond fund, (5) ...

86.09.535 District funds -- Expense fund -- Composition -- Use
All assessments collected for administrative, operative and maintenance purposes, all money collected and not otherwise provided for, and any transfers authorized by law from other ...

86.09.538 District funds -- Surplus fund -- Composition -- Use
The district shall have authority at its option of turning any district revenues not probably required during the current year to the surplus fund by ...

86.09.541 District funds -- Suspense fund -- Composition -- Use
All district indebtedness, not otherwise provided for, which has not been or will not be paid on substantially a cash basis, shall be paid from ...

86.09.544 District funds -- General bond fund -- Composition -- Use
Moneys in the general bond fund shall be used exclusively for the payment of outstanding general obligation bonds of the district with interest thereon according ...

86.09.547 District funds -- Utility bond fund -- Composition -- Use
Revenues from the use, sale or lease of water and/or other service furnished by the district to the extent pledged to the payment of district ...

86.09.550 District funds -- Contract fund -- Composition -- Use
The proceeds from bond sales and revenues from other sources authorized by law to be used for district contract purposes shall be placed in the ...

86.09.553 District funds -- Custody and disbursement
All district moneys shall be paid to the county treasurer having charge of the district funds and by that officer disbursed in the manner provided ...

86.09.556 Claims against district
Any claim against the district shall be presented to the district board for allowance or rejection. Upon allowance, the claim shall be attached to a ...

86.09.559 Claims against district -- For administrative expenses, cost, maintenance -- Payroll
Claims against the district for administrative expenses and for the costs of operation and maintenance of the system of improvement, shall be allowed by the ...

86.09.562 District funds paid by warrant -- Exception
Said county treasurer shall pay out the moneys received or deposited with him or any portion thereof upon warrants issued by the county auditor of ...

86.09.565 Warrants paid in order of issuance
Warrants drawn on any district fund shall be paid from any moneys in said fund in the order of their issuance.[1937 c 72 § 189; ...

86.09.592 Utility revenue bonds -- Authorized
In any instance where the district is using, selling or leasing water for beneficial purposes or furnishing other service under the provisions of this chapter ...

86.09.595 Utility revenue bonds -- Limited obligation -- Payment from special fund
Bonds payable from the utility bond fund shall not be an obligation of the district and they shall state on their face that they are ...

86.09.598 Utility revenue bonds -- Form, terms, interest, etc
(1) Said utility bonds shall be numbered consecutively, shall mature in series amortized in a definite schedule during a period not to exceed twenty years ...

86.09.601 Utility revenue bonds -- Election to authorize
For the purpose of authorizing such utility bonds, an election shall be called, noticed, held and canvassed by the same officers, and in the same ...

86.09.616 Utility revenue bonds and coupons -- Order of payment -- When funds deficient
Utility bonds and interest thereon shall be paid in the order of their respective due dates and the bonds and interest of a prior issue ...

86.09.619 District directors to make provision for payment -- Procedure on failure of directors
It shall be the duty of the board of directors of the district to make adequate provision for the payment of all district bonds in ...

86.09.621 Special assessment bonds
Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW.[1986 c 278 § 28.]Notes: Severability -- 1986 c 278: ...

86.09.622 Dissolution of districts -- Procedure
Flood control districts may be dissolved upon a favorable sixty percent vote of the electors voting at an election for that purpose called, noticed, conducted ...

86.09.625 Dissolution of districts -- When complete
When the obligations have been fully paid, all moneys in any of the funds of the district and all collections of unpaid district assessments shall ...

86.09.627 Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for five years
See chapter 57.90 RCW. ...

86.09.700 Revision of district -- Petition
A board may amend the district comprehensive plan of flood control, alter, reduce or enlarge the district system of improvement, within or without the district, ...

86.09.703 Revision of district -- Establishment of revised district -- Review of benefits -- Liability of original district -- Segregation of funds
If funds are available the county legislative authority shall, at the expense of the county, refer the petition to the county engineer for a preliminary ...

86.09.710 Annexation of territory -- Consolidation of special districts -- Suspension of operations -- Reactivation
Flood control districts may annex territory, consolidate with other special districts, and have their operations suspended and be reactivated, in accordance with chapter 85.38 RCW.[1986 ...

86.09.720 Cooperative watershed management
In addition to the authority provided in this chapter, flood control districts may participate in and expend revenue on cooperative watershed management actions, including watershed ...

86.09.900 Other statutes preserved
Nothing in this chapter contained shall be construed as affecting or in any wise limiting the powers of counties, cities, towns, diking districts, drainage districts, ...

86.09.910 Chapter supplemental to other acts
Nothing in this chapter contained shall be held or construed as in any manner abridging, enlarging or modifying any statute now or hereafter existing relating ...

86.09.920 Chapter liberally construed
The provisions of this chapter and all proceedings thereunder shall be liberally construed with a view to effect their objects.[1937 c 72 § 212; RRS ...

86.09.930 Severability -- 1937 c 72
If any section or provision of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ...