reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.004 - Districts to provide control of water—Territory includable—Powers of district wholly within city or town.

RCW 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 any stream or tributary, or for the protection against tidal or any bodies of water, within this state and may include all or part of the territory of any county and may combine the territory in two or more such counties, in which any of the lands benefited from the organization and maintenance of a flood control district are situated.
A district established wholly within the boundaries of any city or town may also provide for the collection, control, and safe and suitable conveyance over and across the district, of intermittent surface and drainage water, originating within or without its boundaries, to suitable and adequate outlets.
[ 1965 c 26 § 1; 1937 c 72 § 2; RRS § 9663E-2. Formerly RCW 86.08.005, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.010 - Authorized purposes.

RCW 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 or acquisition of dams, dikes, levees, ditches, channels, canals, banks, revetments and other works, appliances, machinery and equipment and property and rights connected therewith or incidental thereto, convenient and necessary to control floods and lessen their danger and damages.
(2) The cooperation with any agency or agencies of the United States and/or of the state of Washington in investigating and controlling floods and in lessening flood dangers and damages.
[ 1937 c 72 § 4; RRS § 9663E-4. Formerly RCW 86.08.005, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.013 - State school or other public lands includable.

RCW 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 § 9663E-5. Formerly RCW 86.08.010, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.016 - Interest in public lands considered as private property—State or public title not affected.

RCW 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 lessee or owner of the contractual or possessory interest therein: PROVIDED, That nothing in this chapter or in any proceeding authorized thereunder shall be construed to affect the title of the state or other public ownership.
[ 1937 c 72 § 6; RRS § 9663E-6. Formerly RCW 86.08.010, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.019 - Federal lands includable.

RCW 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 statutes of the United States.
[ 1937 c 72 § 7; RRS § 9663E-7. Formerly RCW 86.08.010, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.020 - Certain powers and rights governed by chapter 85.38 RCW.

RCW 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 in chapter 85.38 RCW.
[ 1985 c 396 § 36.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.148 - District's corporate powers.

RCW 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 purposes as well as all powers that may now or hereafter be conferred by law.
[ 1967 c 164 § 9; 1937 c 72 § 50; RRS § 9663E-50. Formerly RCW 86.08.260, part.]
NOTES:
Purpose—Severability—1967 c 164: See notes following RCW 4.96.010.
Tortious conduct of political subdivisions, municipal corporations and quasi municipal corporations, liability for damages: Chapter 4.96 RCW.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.151 - General powers of districts.

RCW 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, purchase, hold, lease, manage, improve, repair, occupy, and sell real and personal property or any interest therein, either inside or outside the boundaries of the district, to enter into and perform any and all necessary contracts, to appoint and employ the necessary officers, agents and employees, to sue and be sued, to exercise the right of eminent domain, to levy and enforce the collection of special assessments and in the manner herein provided against the lands within the district, for district revenues, and to do any and all lawful acts required and expedient to carry out the purpose of this chapter.
(2) In addition to the powers conferred in this chapter and those in chapter 85.38 RCW, flood control districts may engage in activities authorized under RCW 36.61.020 for lake or beach management districts using procedures granted in this chapter and in chapter 85.38 RCW.
[ 2008 c 301 § 27; 1986 c 278 § 52; 1937 c 72 § 51; RRS § 9663E-51. Formerly RCW 86.08.260, part.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.154 - Sale, lease, use of water by district.

RCW 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 instrumentalities for the use and sale or lease of water for any and all beneficial purposes and for the drainage, diking, or irrigation of lands upon the payment to the district of the reasonable cost of such service on a semiannual or monthly toll basis.
[ 1937 c 72 § 52; RRS § 9663E-52. Formerly RCW 86.08.260, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.157 - Special assessment bonds authorized—Payment from income.

RCW 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 RCW.
[ 1986 c 278 § 40; 1937 c 72 § 53; RRS § 9663E-53. Formerly RCW 86.08.790, part.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.160 - Power of district to act for United States.

RCW 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 to make collections of money for or on behalf of the United States or any federal agency thereof in connection with the operations of said district, whereupon said district and the county treasurer for said district shall be authorized to act and to assume the duties and liabilities incident to such action and the district board shall have full power to do any and all things required by any statute now or hereafter enacted in connection therewith and to do all things required by the rules and regulations now or that may hereafter be established by any department or agency of the state or federal government in regard thereto.
[ 1937 c 72 § 54; RRS § 9663E-54. Formerly RCW 86.08.260, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.163 - Contracts with United States or state—Supervision of works.

RCW 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 Washington for the supervision of the construction, for the construction, reconstruction, betterment, extension, purchase, operation or maintenance of the necessary works for the control of floods or for any other service furthering the objects for which said flood control district is created under the provisions of the law of the state of Washington or of the United States and all amendments or extensions thereof and the rules and regulations established thereunder.
[ 1937 c 72 § 55; RRS § 9663E-55. Formerly RCW 86.08.260, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.166 - Contracts with United States or state—Control, management of works—Contribution of funds.

RCW 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 thereof, or with, and/or contribute funds to, the state of Washington, under any act of congress or of the state of Washington now in force or hereafter enacted for the assumption of the control and management of the works for such period as may be designated in the contract, or other cooperative arrangement.
[ 1937 c 72 § 56; RRS § 9663E-56. Formerly RCW 86.08.270, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.169 - Contracts with United States or state—Bonds as security—Annual assessment and levy.

RCW 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 state of Washington, as herein provided, bonds of the district may be deposited with the United States, or any agency thereof, or with the state of Washington, as payment or as security for future payment at not less than ninety percent of the par value, the interest on said bonds to be provided for by assessment and levy as in the case of bonds of the district sold to private persons and regularly paid to the United States, or any agency thereof, or to the state of Washington, to be applied as provided in such contract and if bonds of the district are not so deposited it shall be the duty of the board of directors to include as part of any levy or assessment against the lands of the district, an amount sufficient to meet each year all payments accruing under the terms of any such contract.
[ 1937 c 72 § 57; RRS § 9663E-57. Formerly RCW 86.08.270, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.172 - Contracts with United States or state—When submission to electors required.

RCW 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 proposition of entering into such a contract shall have first been submitted to the electors of the district as herein provided for the calling, noticing, conducting and canvassing of special district elections, and by said electors approved.
[ 1937 c 72 § 58; RRS § 9663E-58. Formerly RCW 86.08.270, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.175 - Installment contracts—Approval.

RCW 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 contract price, as the board shall determine thereon, as the work progresses, or as the services or materials are furnished, on monthly estimates of the value thereof, approved by the state director. Before the district shall enter into any contract, the plans, specifications and form of contract therefor shall be approved by the state director.
[ 1937 c 72 § 59; RRS § 9663E-59. Formerly RCW 86.08.280, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.178 - Construction contracts—Public bids, procedure.

RCW 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 except as herein otherwise provided. A notice calling for sealed proposals shall be published in such newspaper or newspapers of general circulation as the board shall designate for a period of not less than two weeks (three weekly issues) prior to the day of the opening of the bids. Such proposals shall be accompanied by a certified check for such amount as the board shall decide upon, to guarantee a compliance with the bid and shall be opened in public at the time and place designated in the notice. The contract shall be awarded to the lowest and best responsible bidder: PROVIDED, That the board shall have authority to reject any or all bids, in which event they shall readvertise for bids and, when no satisfactory bid is then received and with the written approval of the director, may proceed to construct the works by force account.
[ 1965 c 26 § 2; 1937 c 72 § 60; RRS § 9663E-60. Formerly RCW 86.08.280, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.181 - Contractor's bond.

RCW 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 may have been awarded by the district for construction purposes, or for labor or materials entering therein when the total amount to be paid therefor exceeds one thousand dollars, shall enter into a bond to the state of Washington, with good and sufficient sureties, to be approved and filed with the state director, for one hundred percent of the contract price, conditioned for the faithful performance of said contract and with such further conditions as may be required by law.
[ 1965 c 26 § 3; 1937 c 72 § 61; RRS § 9663E-61. Formerly RCW 86.08.290, part.]
NOTES:
Contractor's bond: Chapter 39.08 RCW.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.196 - Construction in parts or units—Liability for assessment.

RCW 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 the construction of the same partially and in parts or units and all the benefited lands in the district shall be liable for assessment to defray the costs of such partial construction or such parts or units until the entire plan has been completed and fully paid for.
[ 1937 c 72 § 66; RRS § 9663E-66. Formerly RCW 86.08.310.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.202 - Eminent domain—Authorized.

RCW 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 the purposes of its organization are hereby declared to be for a public use, and any district organized under the provisions of this chapter, shall have and exercise the power of eminent domain to acquire any property or rights therein or thereto either inside or outside the operation of the district and outside the state of Washington, if necessary, for the use of the district.
[ 1937 c 72 § 68; RRS § 9663E-68. Formerly RCW 86.08.260, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.205 - Eminent domain—Procedure.

RCW 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 appropriation of real property or of rights therein or thereto, by private corporations, except as otherwise expressly provided herein.
[ 1937 c 72 § 69; RRS § 9663E-69. Formerly RCW 86.08.320, part.]
NOTES:
Eminent domain by private corporations generally: Chapter 8.20 RCW.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.208 - Eminent domain—Consolidation of actions—Separate verdicts.

RCW 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 or more condemnation suits instituted separately may also, in the discretion of the court, be consolidated upon motion of any interested party, into a single action. In such cases, the jury shall render separate verdicts for the different tracts of land.
[ 1937 c 72 § 70; RRS § 9663E-70. Formerly RCW 86.08.320, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.211 - Eminent domain—Damages, how determined—Judgment when damages exceed benefits.

RCW 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: PROVIDED, That the court or jury, in determining the amount of damages, shall take into consideration the special benefits, if any, that will accrue to the property damaged by reason of the improvement for which the land is sought to be condemned, and shall make special findings in the verdict of the gross amount of damages to be sustained and the gross amount of special benefits that will accrue. If it shall appear by the verdict of findings, that the gross damages exceed said gross special benefits, judgment shall be entered against the district, and in favor of the owner or owners of the property damaged, in the amount of the excess of damages over said benefits, and for the costs of the proceedings, and upon payment of the judgment to the clerk of the court for the owner or owners, a decree of appropriation shall be entered, vesting the title to the property appropriated in the district.
[ 1937 c 72 § 71; RRS § 9663E-71. Formerly RCW 86.08.330, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.214 - Eminent domain—Judgment, when benefits equal or exceed damages.

RCW 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 and in favor of the owner or owners for the costs only, and upon payment of the judgment for costs a decree of appropriation shall be entered vesting the title to the property in the district.
[ 1937 c 72 § 72; RRS § 9663E-72. Formerly RCW 86.08.330, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.217 - Eminent domain—Right to levy on other land not affected.

RCW 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 or court as to benefits or damages shall in any manner abridge the right of the district to levy and collect assessments for district purposes against the uncondemned lands situated within the district.
[ 1937 c 72 § 73; RRS § 9663E-73. Formerly RCW 86.08.340, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.220 - Eminent domain—Unpaid damages to be applied in satisfaction of levies—Deficiency assessments.

RCW 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 lands on account of which the damages were awarded: PROVIDED, That nothing herein contained shall be construed to prevent the district from assessing the remaining lands of the owner or owners, so damaged, for deficiencies on account of the principal and interest on bonds and for other benefits not considered by the jury in the condemnation proceedings.
[ 1937 c 72 § 74; RRS § 9663E-74. Formerly RCW 86.08.340, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.223 - Eminent domain—Title and estate acquired.

RCW 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 decree of appropriation.
[ 1937 c 72 § 75; RRS § 9663E-75. Formerly RCW 86.08.340, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.226 - Right of entry to make surveys and locate works.

RCW 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 flood control works and the line for canal or canals, dike or dikes and other instrumentalities and the necessary branches and parts for the same on any lands which may be deemed necessary for such location.
[ 1937 c 72 § 76; RRS § 9663E-76. Formerly RCW 86.08.350.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.229 - Crossing road or public utility—Notice, plan, cost, etc.

RCW 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 any public or other road or public utility, the district board shall serve notice in writing upon the public officers, corporation or person having charge of or controlling or owning such road or public utility, as the case may be, of the present necessity of such crossing, giving the location, kind, dimensions and requirement thereof, for the purpose of the system of improvement, and stating a reasonable time, to be fixed by the board, within which plans for such crossing must be filed for approval in case the public officer, corporation or person controlling or owning such road or public utility desire to design and construct such crossing. As soon as convenient, within the time fixed in the notice, the public officers, corporation or person shall, if they desire to construct such crossing, prepare and submit to the board for approval duplicate detailed plans and specifications for such crossing. Upon the return of such approved plans, the public officers, corporation or person controlling such road or public utility shall, within the time fixed by the board, construct such crossing in accordance with the approved plans. In case such public officers, corporation or person controlling or owning such road or public utility shall fail to file plans for such crossing within the time prescribed in the notice, the district board shall proceed with the construction of such crossing in such manner as will cause no unnecessary injury to or interference with such road or public utility. The cost of construction and maintenance of only such crossings or such portion of such cost as would not have been necessary but for the construction of the system of improvement shall be a proper charge against the district, and only the actual cost of such improvement constructed in accordance with the approved plans shall be charged against the district in the case of crossings constructed by others than the district. The amount of costs of construction allowed as a charge against the district shall be credited ratably on the assessments against the property on which the crossing is constructed if chargeable therewith, until the same is fully satisfied.
[ 1965 c 26 § 5; 1937 c 72 § 77; RRS § 9663E-77. Formerly RCW 86.08.360.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.232 - Right-of-way on state land, exception.

RCW 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 now or may hereafter be the property of the state of Washington, except lands of said state actually dedicated to public use.
[ 1937 c 72 § 78; RRS § 9663E-78. Formerly RCW 86.08.370, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.235 - Power to construct works inside or outside of district.

RCW 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 inside and outside the boundaries of the district.
[ 1937 c 72 § 79; RRS § 9663E-79. Formerly RCW 86.08.370, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.259 - Board of directors—Number—Officers.

RCW 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 directors elected, as provided in chapter 85.38 RCW. The directors shall elect a chair from their number and shall either elect one of their number, or appoint a voter of the district, as secretary to hold office at its pleasure and who shall keep a record of its proceedings.
[ 2013 c 23 § 448; 1985 c 396 § 58; 1967 c 154 § 7; 1937 c 72 § 87; RRS § 9663E-87. Formerly RCW 86.08.390, part.]
NOTES:
Provisions cumulative: "The provisions of this act are cumulative with and shall not amend, repeal or supersede any other powers heretofore or hereafter granted such districts." [ 1967 c 154 § 5.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.265 - Board of directors—Quorum—Majority vote required.

RCW 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 be a concurrence of at least a majority of the directors.
[ 1937 c 72 § 89; RRS § 9663E-89. Formerly RCW 86.08.205, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.268 - Board of directors—Powers and duties.

RCW 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 affairs of the district, to employ and appoint such agents, engineers, attorneys, officers and employees as may be necessary, and prescribe their duties, to establish reasonable bylaws, rules and regulations for the government and management of affairs of the district, and generally to perform any and all acts necessary to carry out the purpose of the district organization.
[ 1937 c 72 § 90; RRS § 9663E-90. Formerly RCW 86.08.175, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.271 - Board of directors—Location of district office—Change of location.

RCW 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 be designated by the board. If a place convenient and suitable for conducting district business and public hearings required by this chapter cannot be found within the district, the office may be located in the county within which the major portion of district lands is situated. The office and place of business cannot thereafter be changed, except with the previous written consent of the county legislative authority of the county within which the major portion of the district is situated, and without passing a resolution to that effect at a previous regular meeting of the board, entered in the minutes thereof and without posting a notice of the change in a conspicuous public place at or near the place of business which is to be changed at least ten days prior thereto and by the previous posting of a copy of the notice for the same length of time at or near the new location of the office.
[ 1985 c 396 § 59; 1965 c 26 § 7; 1937 c 72 § 91; RRS § 9663E-91. Formerly RCW 86.08.200.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.274 - Board of directors—Meetings—Change of date.

RCW 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 shall designate in their bylaws, and may adjourn any meeting from time to time as may be required for the proper transaction of business: PROVIDED, That the day of the regular meeting cannot be changed, except in the manner prescribed herein for changing the place of business of the district.
[ 1985 c 396 § 60; 1937 c 72 § 92; RRS § 9663E-92. Formerly RCW 86.08.205, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.277 - Board of directors—Special meetings—When notice required—Authorized business.

RCW 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 order shall be given, by United States mail, at least a three days' notice of such meeting, unless the same is waived in writing, which notice shall also specify the business to be transacted and the board at such special meeting shall have no authority to transact any business other than that specified in the notice, unless the transaction of any other business is agreed to in writing by all the members of the board.
[ 1937 c 72 § 93; RRS § 9663E-93. Formerly RCW 86.08.205, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.280 - Board of directors—Meetings and records public—Printing of bylaws and rules.

RCW 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 during business hours of the day in which any meeting of the board is held. The bylaws, rules and regulations of the board shall be printed in convenient form for distribution in the district.
[ 1937 c 72 § 94; RRS § 9663E-94. Formerly RCW 86.08.205, part, and 86.08.210, part.]
NOTES:
Meetings of public officials declared public: RCW 42.30.035.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.286 - Board of directors—Personal interest in contracts prohibited—Penalty—Officer may be employed.

RCW 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 be awarded by the board, or in the profits to be derived therefrom; and for any violation of this provision, such officer shall be deemed guilty of a misdemeanor, and such conviction shall work a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both fine and imprisonment: PROVIDED, That nothing in this section contained shall be construed to prevent any district officer from being employed by the district as foreman or as a day laborer: PROVIDED FURTHER, That this section shall have no application to any person who is a state employee as defined in RCW 42.52.010.
[ 1994 c 154 § 316; 1969 ex.s. c 234 § 35; 1937 c 72 § 96; RRS § 9663E-96. Formerly RCW 86.08.215.]
NOTES:
Effective date—1994 c 154: See RCW 42.52.904.
Ethics in public service act: Chapter 42.52 RCW.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.292 - Board of directors—Chair of county commissioners may act when quorum not present.

RCW 86.09.292
Board of directors—Chair 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 said board cannot be obtained by reason of the absence of said member, it shall be the duty of the chair of the board of county commissioners of the county in which the office of the district board is located to act in place of said absent member, and the acts of the district board at said meeting shall be valid so far as a quorum is concerned and shall have the same effect as though said absent member were present and acting thereat.
[ 2013 c 23 § 449; 1937 c 72 § 98; RRS § 9663E-98. Formerly RCW 86.08.205, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.301 - Board of directors—Oath.

RCW 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 or her office during the term of his or her incumbency.
[ 2013 c 23 § 450; 1985 c 396 § 62; 1937 c 72 § 101; RRS § 9663E-101. Formerly RCW 86.08.195, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.304 - Bond of officer or employee handling funds.

RCW 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 amount of funds handled monthly, conditioned that the principal will strictly account for all moneys or credit received by him or her for the use of the district. Each bond and the amount thereof shall be approved by the county legislative authority of the county within which the major portion of the district is situated, and thereafter filed with the secretary of the district.
[ 2013 c 23 § 451; 1985 c 396 § 63; 1937 c 72 § 102; RRS § 9663E-102. Formerly RCW 86.08.220, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.307 - Bonds—Cost charged to district.

RCW 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 § 103; RRS § 9663E-103. Formerly RCW 86.08.220, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.310 - Delivery of property to successor.

RCW 86.09.310
Delivery of property to successor.
Every person, upon the expiration or sooner termination of his or her term of office as an officer of the district, shall immediately turn over and deliver, under oath, to his or her successor in office, all records, books, papers, and other property under his or her control and belonging to such office. In case of the death of any officer, his or her legal representative shall turn over and deliver such records, books, papers, and other property to the successor in office of such deceased person.
[ 2013 c 23 § 452; 1937 c 72 § 104; RRS § 9663E-104.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.313 - Nearest county treasurer as ex officio district treasurer.

RCW 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 the office of the district board and principal place of business of the district, shall be and is hereby constituted ex officio district treasurer, who shall collect all district assessments and shall keep all district funds required by law.
[ 1937 c 72 § 105; RRS § 9663E-105. Formerly RCW 86.08.225, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.319 - Treasurer's liability.

RCW 86.09.319
Treasurer's liability.
Any county treasurer collecting or handling funds of the district shall be liable upon his or her official bond and to criminal prosecution for malfeasance, misfeasance, or nonfeasance in office relative to any of his or her duties prescribed herein.
[ 2013 c 23 § 453; 1937 c 72 § 107; RRS § 9663E-107. Formerly RCW 86.08.230.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.322 - County treasurers to collect and remit assessments.

RCW 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 collect and receipt for all assessments levied as herein provided, and forward monthly all sums so collected to the ex officio district treasurer who shall place the same to the credit of the proper fund of the district.
[ 1937 c 72 § 108; RRS § 9663E-108. Formerly RCW 86.08.240.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.325 - Disbursement of funds by district treasurer.

RCW 86.09.325
Disbursement of funds by district treasurer.
The ex officio district treasurer shall pay out moneys collected or deposited with him or her in behalf of the district, or portions thereof, upon warrants issued by the county auditor against the proper funds of the districts, except the sums to be paid out of the bond fund for interest and principal payments on bonds.
[ 2013 c 23 § 454; 1983 c 167 § 201; 1937 c 72 § 109; RRS § 9663E-109. Formerly RCW 86.08.250, part.]
NOTES:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.328 - Monthly report by district treasurer.

RCW 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 of money held by him or her, the amount in each fund, the amount of receipts for the month preceding in each fund, and the amount or amounts paid out of each fund, and said report shall be filed with the secretary of the board.
[ 2013 c 23 § 455; 1937 c 72 § 110; RRS § 9663E-110. Formerly RCW 86.08.250, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.377 - Voting rights.

RCW 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 votes for each ten acres or major fraction thereof located within the district, up to a maximum total of forty votes for any voter, or in the case of community property, a maximum total of twenty votes per member of the marital community.
[ 1991 c 349 § 4; 1985 c 396 § 22.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.379 - Elections—Informality not fatal.

RCW 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 § 127; RRS § 9663E-127. Formerly RCW 86.08.165.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.380 - Special assessments—Budgets—Alternative methods.

RCW 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 impose special assessments and adopt budgets. RCW 85.38.150 through 85.38.170 constitute the exclusive method by which flood control districts created after July 28, 1985, may measure and impose special assessments and adopt budgets.
[ 1985 c 396 § 29.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.382 - Assessments—Presumption that land benefited by class—Benefit ratio basis of assessment.

RCW 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 to their respective classes to be determined as herein provided, and that the relative ratios of benefits for said lands arising from their locations in said respective classes shall be the basis upon which the same shall be assessed to raise district revenues for any and all purposes now or hereafter authorized by law.
[ 1937 c 72 § 128; RRS § 9663E-128. Formerly RCW 86.08.450, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.385 - Assessments—Base map of lands within the district.

RCW 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 of the district is situated, soon after the creation of the district, shall cause to be prepared a base map of the lands within the district and deliver the same to the secretary of the district: PROVIDED, That said county legislative authority shall not be required to prepare said base map unless ample appropriation of funds for the purpose has been made.
[ 1985 c 396 § 64; 1965 c 26 § 10; 1937 c 72 § 129; RRS § 9663E-129. Formerly RCW 86.08.420, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.388 - Assessments—Appointment of appraisers—Determination of benefit ratios.

RCW 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 of the county legislative authority of the county within which the major portion of the district is situated, whose duty it shall be to determine the ratio of benefits which the several tracts of land shall receive with respect to each other from the organization and operation of the district and the construction and maintenance of the district works in accordance with the comprehensive plan therefor adopted by the directors of the district.
[ 1985 c 396 § 65; 1965 c 26 § 11; 1937 c 72 § 130; RRS § 9663E-130. Formerly RCW 86.08.420, part, and 86.08.430, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.391 - Assessments—Appraisers' board, chair, and secretary—Compensation and expenses.

RCW 86.09.391
Assessments—Appraisers' board, chair, and secretary—Compensation and expenses.
The board of appraisers shall elect a member as chair and the secretary of the district or his or her deputy shall be ex officio secretary of the board of appraisers. The appraisers shall receive such compensation and expenses as the board of directors of the district, with the approval of the county legislative authority of the county within which the major portion of the district is situated, shall determine, and which may forthwith be paid by the issuance of district warrants.
[ 2013 c 23 § 456; 1985 c 396 § 66; 1937 c 72 § 131; RRS § 9663E-131. Formerly RCW 86.08.420, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.394 - Assessments—Classification of lands according to benefits—Factors considered.

RCW 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 such number of classes as in the sole judgment of the members of the board of appraisers shall fairly represent the manifest degrees of benefits, including benefits from better sanitation, easier accessibility, facility of drainage, promotion of land development as well as from minimization of flood damages and from actual flood protection, accruing to the several lands from the organization and operation of the district and the construction and maintenance of the district works in accordance with the comprehensive plan therefor adopted by the directors of the district.
[ 1937 c 72 § 132; RRS § 9663E-132. Formerly RCW 86.08.440, part.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.09 - Flood Control Districts—1937 Act. › 86.09.397 - Assessments—Classification of lands by appraisers—Classes described.

RCW 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 of the same with respect to their respective relative benefits received and to be received from the organization and operation of the district and the construction and maintenance of the district works in accordance with the comprehensive plan therefor adopted by the directors of the district. Those lands receiving the greatest benefits shall be placed in class No. 1; those lands receiving the next greatest benefits shall be placed in class No. 2, and so on down to the class of the least benefits. Those lands receiving no benefits shall be designated "nonbenefited."
[ 1937 c 72 § 133; RRS § 9663E-133. Formerly RCW 86.08.430, part.]