RCW 85.24.070
Board of commissioners -- Oath, bond -- Plan of
improvement -- Levy of assessment, procedure.A three-member board
of commissioners shall be the governing body of an intercounty
diking and drainage district. The initial commissioners shall be
appointed, and the elected commissioners elected, as provided in
chapter 85.38 RCW.
The members of such board, before entering upon their duties,
shall take and subscribe on oath substantially as follows:
I, the undersigned, a member of the board of commissioners of
the diking and drainage district No. . . . ., in . . . . . . and
. . . . . . counties, do solemnly swear (or affirm) that I will
faithfully discharge my duties as a member of the commission.
Upon the taking of such oath and the entering into a bond, as
provided in RCW 85.38.080, the county legislative authority shall
enter an order upon its records that the three persons named have
qualified as the board of commissioners for diking and drainage
district No. . . . ., in . . . . . . and . . . . . . counties, and
that those persons and their successors do and shall constitute a
board of commissioners for the diking and drainage district. The
order when made shall be conclusive of the regularity of the
election and qualification of the board of diking and drainage
commissioners for the particular district, and the persons named
therein shall constitute the board of diking and drainage
commissioners.
The board of diking and drainage commissioners shall thereupon
immediately organize and elect one of their number as chairman and
may either appoint a voter of the district or another diking and
drainage commissioner to act as secretary. The board shall then
proceed to make and cause to be made specifications and details of
a system which may be adopted by the board for the improvements to
be made, together with an estimate of the total cost thereof; and
shall, upon the adoption of the plan of improvement of the
district, proceed to acquire the necessary property and property
rights for the construction, establishment and maintenance of the
system either by purchase or by power of eminent domain as
hereinafter provided. Upon such acquisition being had, the board
shall then proceed with the construction of the diking and drainage
system and in doing so shall have the power to do the work directly
or in its discretion to have all or any part of the work done by
contract. In case the board shall decide upon doing the same by
contract, it shall advertise for bids for the construction work, or
such part thereof as they may determine to have done by contract,
and shall have the authority to let a contract to the lowest
responsible bidder after advertising for bids.
Any contractor doing work hereunder shall be required to
furnish a bond as provided by the laws of the state of Washington
relating to contractors of public work.
The board shall have the right, power and authority to issue
vouchers or warrants in payment or evidence of payment of any and
all expenses incurred under this chapter, and shall have the power
to issue the same to any contractor as the work progresses, the
same to be based upon the partial estimates furnished from time to
time by engineers of the district. All warrants issued hereunder
shall draw interest at a rate determined by the board.
Upon the completion of the construction of the system, and
ascertainment of the total cost thereof including all compensation
and damages and costs and expenses incident to the acquiring of the
necessary property and property right, the board shall then proceed
to levy an assessment upon the taxable real property within the
district which the board may find to be specially benefited by the
proposed improvements; and shall make and levy such assessment upon
each piece, lot, parcel and separate tract of real estate in
proportion to the particular and special benefits thereto. Upon
determining the amount of the assessment against each particular
tract of real estate as aforesaid, the commissioners shall make or
cause to be made an assessment roll, in which shall appear the
names of the owners of the property assessed, so far as known, and
a general description of each lot, block, parcel or tract of land
within the district, and the amount assessed against the same, as
separate, special or particular benefits. The board shall
thereupon make an order setting and fixing a day for hearing any
objections to the assessment roll by any one affected thereby,
which day shall be at least twenty days after the mailing of
notices thereof, postage prepaid, as herein provided. The board
shall send or cause to be sent by mail to each owner of the
premises assessed, whose name and place of residence is known, a
notice, substantially in the following form:
To . . . . . .: Your property (here describe the property) is
assessed $ . . . . . A hearing on the assessment roll will be had
before the undersigned at the office of the board at . . . . . . on
the . . . . day of . . . . . . at which time you are notified to be
and appear and to make any and all objections which you may have as
to the amount of the assessment against your property, or as to
whether it should be assessed at all; and to make any and all
objections which you may have to the assessment against your lands,
or any part or portion thereof.
The failure to send or cause to be sent such notice shall not
be fatal to the proceedings herein described. The secretary of the
board on the mailing of the notices shall certify generally that he
has mailed such notices to the known address of all owners, and
such certificate shall be prima facie evidence of the mailing of
all such notices at the date mentioned in the certificate.
The board shall cause at least ten days' notice of the hearing
to be given by posting notice in at least ten public places within
the boundaries of the district, and by publishing the same at least
five successive times in a daily newspaper published in each of the
counties affected; and for at least two successive weeks in one or
more weekly newspapers within the boundaries of the district, in
each county if there are such newspapers published therein, and if
there is no such newspaper published, then in one or more weekly
newspapers, having a circulation in the district, for two
successive weeks. The notice shall be signed by the chairman or
secretary of the board of commissioners, and shall state the date
and place of hearing of objections to the assessment roll and levy,
and of all other objections; and that all interested parties will
be heard as to any objection to the assessment roll and the levies
as therein made.[1985 c 396 § 53; 1981 c 156 § 26; 1923 c 140 §
4; 1909 c 225 § 5; RRS § 4365. FORMER PART OF SECTION: 1909 c 225
§§ 9, 11, 21, 28, 32 now codified as RCW 85.24.071, 85.24.073,
85.24.075, 85.24.077, and 85.24.079. Formerly RCW 85.24.070,
85.24.090, 85.24.100, 85.24.110, and 85.24.120.]
NOTES:
Severability -- 1985 c 396: See RCW 85.38.900.