HomeMy WebLinkAbout2021-10-25-minutes-public-works-study-sessionMTMAS COUNTY COMMSMOG ERS
f ubflc Works Study Beano®oro
Regular Meeftg
Monday October 25, 2021 - 1:30 PM
Comm issioners° Auditorium and Webex
205 West 5th Room 109 - Ellensburg
1. Call to Order
2. Agricultural Leases
3. Parks and Recreation District No. 1
4. Other business
5. Adjourn
Created on 10/21/2021 3:23:46 PM
KITTITAS COUNTY
PUBLIC WORKS STUDY SESSION MINUTES
In -Person and Webex
Regular Meeting
MONDAY 1:30 PM October 25, 2021
Board members present: Chairman Brett Wachsmith, Vice -Chairman Laura
Osiadacz, and Commissioner Cory Wright.
Others In -Person: Mark Cook, Rebecca Cruse, Public Works; Dan
Carlson, Bridget Pechtel, Jeremy Johnston, Community Development
Services.
Others Virtual: Candie Leader, Public Works; Jessica Miller, Jeremiah
Crombie, Kelly Bacon, Community Development Services; Ken Grannan,
Airport; (7) Members of the Public.
At 1:31 pm Chairman Brett Wachsmith opened the Public Works Study
Session.
AGRICULTURAL LEASES
Mark Cook presented background on the Agricultural Lease with Twin
City Foods. Mark Cook stated that the existing lease is coming up for
renewal at the end of 2021. Mark Cook is requesting direction from
the BOCC for determining a lease rate that is fair and equitable.
Staff was directed to renew the lease agreement with Twin City Foods
at the current rate.
PARKS AND RECREATION DISTRICT #1
Mark Cook briefed the Board on the impeding dissolution of Parks and
Recreation District #l. Mark Cook stated that the action is being
advanced by lack of support and funding. Mark Cook continued that the
District currently holds a 5 -acre Snow Park off Woods and Steele Road
that is leased by Washington State Parks. Mark Cook inquired if the
Board has any interest in the park. Discussion was held. The Board
agrees that it is in the best interest of the County to acquire the
property prior to dissolution of the District in order to reduce a
complicated dispense of assets by the District. Staff was directed to
pursue a Quit Claim Deed prior to the District filing a petition to
dissolve with the court.
Meeting adjourned at 1:51 pm.
2021-10-25 Minutes
Rebecca Cruse, Administrative
Assistant
2021-10-25 Minutes
KITTITAS COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Brett Wachsmith, Chairman
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: October 25, 2021
TOPIC: Agricultural Leases
ACTION REQUESTED: Direction to Staff
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Direct staff develop an agricultural land lease model for Commission review.
BRIEFING SUMMARY:
• Twin City Foods agricultural lease (26 acres) is coming up for renewal.
• The Flood Control Zone District has significant land available for agricultural
lease.
• What is the Board's desire in leasing agricultural land and what rate model should
guide staff securing leases?
BACKGROUND:
Twin City has been leasing approximately 26 acres of land (Hanson Pit) for wastewater
application for approximately 20 years. The lease is coming up for renewal at the end of
2021. The current lease rate is less than $150 per acre per year. The lease assists Twin
City Foods avoid the construction of a wastewater treatment plant and contributes to the
business viability of its vegetable processing facility in Ellensburg. Recent acquisition of
Flying M ranch and the previous acquisition of M Farm ranch by the Flood Control Zone
District greatly adds agricultural lands to the County's lease bank. Keeping the lands in
agricultural production is key to avoiding expensive weed management on the properties.
DISCUSSION:
Prior to negotiating a new lease with Twin City Foods, staff desires a dialogue with the
Board defining philosophy and economic expectations tenant to agricultural leases. The
Airport Department currently leases agricultural land at half the value of the existing
Twin City lease. Issues of fairness and consistency are bound to move to the forefront as
the County negotiates with Twin City and the need to lease vacant agricultural land
begins to resonant in the community. Staff believes it essential to define rate structure
tied to use as we move forward developing our agricultural lease strategy. The
availability of water is expected to influence rate model development.
Page 1 of 3
Public Works "Work Session Staff Report", 2021
FISCAL IMPACTS:
Undefined at this time.
ATTACHMENTS:
Exhibit 1: Twin City Foods Agricultural Lease
Page 2 of 3
Public Works "Work Session Staff Report", 2021
EXHIBIT 1: TWIN CITY FOODS AGRICULTURAL LEASE
Page 3 of 3
Public Works "Work Session Staff Report", 2021
UIGINAL
THIS LEASE is made and dated this 1" day of December, 2011, by and between KITTITAS
COUNTY, a municipal corporation in the State of Washington, hereinafter referred to as the LESSOR,
and TWIN CITY FOODS, INC., hereinafter referred to as the LESSEE.
The LESSOR herewith agrees to let unto the LESSEE, and the LESSEE herewith agrees to
lease from the LESSOR, the following described real property situated at the Hanson Pit, Kittitas County,
Washington, to -wit:
Beginning at the southeast comer of county owned land in the southwest 1/4 of Section 13, Township
17 North, Range 18 East, W.M.; thence north 25'36' west 1047.5 feet; thence south 71" 00' west 1307,8
feet; thence south 21'40' west 237.7 feet; thence south 60' 36' east 159.8 feet; thence south 49' 21'
east 274.5 fret; thence south 88` 26' east 1428.6 feet to the true point of beginning.
Area described contains 25 acres more or less
1) TERM: That the term of this lease shall be for TEN (10) years, but will require re negotiation at
the end of five (5) years, and will commence on the 1st day of December, 2011, and shall
terminate on the 30" day of November, 2021.
2) RENT: That as rental for said premises the LESSOR shall receive and the LESSEE shall pay
for each lease year plus all applicable taxes, assessments and utilities, payable as follows:
$3585.40 plus leasehold tax, payable in advance on the first day of December each year.
3) ADJUSTMENT OF RENTAL: Pursuant to RCW 36.34.180 after the fifth year, the Lessor shall have
the right to readjust the rent on or before November 30" of the fifth year of this lease; provided,
however that any increase shall NOT EXCEED THE CUMULATIVE EFFECT OF THE CPI INDEX
OVER THE PREVIOUS FIVE YEARS.
If the Lessee does not agree with the proposed rental rates for the subsequent five-year term, the
Lessee may request arbitration. If the Lessee elects to arbitrate, the Lessee shall select one arbitrator
and the Lessor shall select one arbitrator and the two so chosen shall select a third arbitrator. The
arbitrators shall have the authority to increase the rent or continue the previous rental rate, and both
parties shall be bound by the decision of the arbitrators. The cost of arbitration shall be home by the
Lessee.
It is understood by Tenant that this lease is for a ground lease for Agricultural production only.
4) LEASE TERMINATION: It is understood and agreed that the real property, which is the subject
matter of this lease, is presently zoned Agricultural — "Ag -20" — under the Kittitas County Zoning
Code. it is also understood that Kittitas County is presently evaluating use of the subject land
whether within the present or any revised zoning code and that such evaluation may determine a
higher and better use for subject real property.
Pd8E1
In recognition of these facts, LESSEE and LESSOR agree that LESSOR may, at LESSOR'S
sole option, modify the terms of this lease, in whole or in part, including but not limited to
modifying the area of land covered by this lease, the rental due, the term of duration of this lease
and/or any other term or condition of this lease, including canceling the unexpired portion of this
lease and re -letting the property to another tenant, all as LESSOR shall in LESSOR'S sole
discretion deem to be in the best interest of Kittitas County.
In the event the LESSOR shall elect to modify or terminate this lease, the LESSOR shall do so
only upon ninety (90) days written notice, notifying LESSEE, and Lessee's address of record,
that the lease to which this applied is being so modified or terminated.
Upon receipt of such notification, and in the event that the notification specified modification of
lease short of termination, LESSEE shall have thirty (30) days in which to notify Kiriitas County
of LESSEE'S intention to continue the lease as modified or of LESSEE'S intention to treat the
lease as terminated.
In the event that LESSEE elected to treat the lease as terminated, all rents shall be pro -rated to
the date LESSEE shall have restored the premises to the LESSOR in accordance with the terms
of the lease agreement governing LESSEE'S duties to restore the premises to LESSOR upon
expiration of the lease term.
It is further agreed that neither such modification or termination of this lease nor any subsequent
re -letting of the premises, in whole or in part, shall give rise to any cause of action for damages
or any other forth or relief by LESSEE against LESSOR or any successor lessee.
In the event of such modification or termination, LESSEE understands that other than a refund of
any unearned rent pro -rated based on years of lease to the date LESSEE has restored the
premises to LESSOR, LESSEE shall have no claim for compensation as occasioned by said
modification ortermination.
8) UTILITIES: The LESSEE shall pay all utility services supplied to the premises.
6) USE OF PREMISES: It is understood that the LESSEE shall utilize the premises for the
following purposes, to -wit:
"Agricultural Production Only". The premises shall be used for no other purpose without
written consent of the LESSOR.
PASE 2
T) LEASEHOLDIMPROVEMENTS: All existing improvements currently on the lease premises
belong to Ktttitas County and are not to be removed. No improvements shall be placed on the
leased premises without the prior consent of the County. If written authorization is received
from the LESSOR, the LESSEE shall submit a written estimated cost of improvement, and
upon completion of improvement all costs/receipts of said improvements to the County
for record. The depreciation life of the improvement will be established at this time.
In the event of termination of lease or early termination of lease, all improvements placed on the
premises by the LESSEE shall belong to the County, EXCEPT for those authorized by written
consent from the County.
In the event the improvements have been authorized in writing by the County, and the LESSEE
is not issued a new lease at expiration, or the LESSOR chooses to terminate said lease, the
LESSOR will determine a depreciated value of authorized improvements and purchase said
authorized improvements from the LESSEE.
6) SUBLEASE ASSIGNMENT: The LESSEE herein shall not assign this lease nor any portion
thereof without the written consent of the LESSOR.
10) HUNTING: Hunting or discharging of any firearms will not be permitted on the leased premises.
11) WASTE: The LESSEE shall not commit waste of the leased property.
13) WAIVER: No assent, express or implied, by LESSOR to any breach of any of LESSEE'S
covenants, agreements, conditions or terns hereof shall be deemed or taken to be a waiver of
any succeeding breach of any covenant, agreement, condition or term hereof.
14) INSPECTION: At all times during the term of this lease, LESSOR shall have the right to enter
into and upon the demised premises during reasonable business hours for the purpose of
examining and inspecting the same and determining whether LESSEE shall have compiled with
all of its obligations hereunder in respect to the care and maintenance of the premises and all
other terms and conditions hereof.
16) ACCESS TO PROPERTY: Access to the property shall be at designated locations only. All
access gates shall remain closed and locked at all times during the term of this lease. The
LESSEE shall affix his/her own lock next to that of the LESSOR'S.
WI66 a
17) WEED CONTROL: LESSEE shall comply with all the regulations of the weed district within
which said leased property is included and shall use all reasonable effort to eradicate and
prevent the growth of noxious weeds.
LESSEE shall control weeds on tilled lands by cultivation, clipping, spraying or burning as
recommended by the Kittitas County Agricultural Extension Agent. LESSEE shall control
noxious weeds on the premises as directed by the Kittitas County Noxious Weed Board and/or
Department of Public Works and shall be responsible for reimbursement to said authority and/or
Department of Public Works in the event that they undertake noxious weed control measures.
18) INSURANCE: The LESSEE shall provide proof of coverage thereof naming Kirttitas County as
co-insured (K.C.C. 19.04.190 (E)) as follows:
MOT LESS THAN.,
$1,000,000.00 General Liability Coverage
19) PROPERTY DAMAGE AND BODILY INJURY: The LESSEE hereby indemnifies and agrees to
hold Kittitas County harmless from any and all claims or demands of whatsoever nature arising
out of loss, damage or injury to persons or property resulting from LESSEE'S use or occupancy
of the leased premises and areas adjacent thereto, or caused by the acts or neglect of the
LESSEE, its agents or representatives.
20) PRESERVATION OF MARKERS: Any legal land subdivision survey comers, reference points
of monuments are to be preserved. If such are destroyed or disturbed, the LESSEE shall be
required to re-establish the destroyed or disturbed monuments by a licensed land surveyor in
accordance with the U.S. General Land Office standards at his own expense. Comers and/or
reference points or monuments which are disturbed or destroyed in the process of carrying out
the operation allowed by this lease must be adequately referenced and/or replaced in
accordance with RCW 58.24.040. Such references must be approved by the State prior to
removal of corners, reference points, or monuments.
22) BANKRUPTCY: It is further agreed and understood that in case of the insolvency or
bankruptcy of the LESSEE or any assignment for the benefit of creditors of the appointment of a
receiver for the LESSEE, this lease shall be immediately forfeited and shall be of no further
force and effect, and that the Trustee in Bankruptcy, Receiver or Assignee for the benefit of
creditors shall not have any rights whatsoever in the demised premises.
ME
23) RIGHTS OF U.S. GOVERNMENT: It is understood and agreed that this lease shall be subject to
all prior covenants and agreements, which grant to the United States Government rights and
privileges in the event of war or national emergency.
24) DEFAULT. In the event that the Lessee shall violate this lease, or any of its conditions or terms
as herein stated, the Lessor may terminate this lease by giving thirty (30) days written notice of
the conditions or terms being violated and if said violations are not corrected within the thirty -day
period, the lease may be canceled, and the County shall be entitled to peaceably retake
possession of the premises, provided the Lessee shall have the right to remove improvements
as herein provided.
NOTICES: Any notice given by one party to the other in connection with this agreement shall be
in writing and shall be sent by certified or registered mail, return receipt requested, as follows:
If to Lessor, addressed to: Kittitas County Department of Public Works, 411 N. Ruby,
Suite #1, Ellensburg, WA 98926, Attention: Airport Manager.
2. If to Lessee, addressed to: Twin City Foods Inc., PO. tZY 417,�' , Ellensburg, WA
98926 A-,-1 W L --",U C 4,7 -
Notice shall be deemed to have been received three days after having been sent as above-
described whether actually received or not.
25) JURISDICTION & VENUE: Venue to enforce any provision of this agreement shall be in Kittitas
County Superior Court.
Krnvns caviar AGRICUMIllll LUR
IN WITNESS WHEREOF, LESSOR AND LESSEE have signed their names and affixed their
seals the day and year fits° above wriVen
LESSEE:
71ell 2o'
City Foods I'nck.Manp§er
,a ssto/v poi
T9S
Approved as to Form:
Neil Caulkins, Deputy Prosecutor
WSBA#
AG a
LESSOR:
or/ey/r�.
BOARD -QF COUNTY COMMISSIONERS
Paul Jewell,
Alan Crankovich,
Obie O'Brien, V
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: October 25, 2021
TOPIC: Parks and Recreation District No. 1
ACTION REQUESTED: Direction to Staff
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Pursue dissolution of Kittitas County Parks and Recreation District No. 1.
BRIEFING SUMMARY:
• Kittitas County Parks and Recreation District No. I (district) desires dissolving.
• The process requires Superior Court action.
• Revised Code of Washington Chapter 53.48 defines the dissolution process.
• Kittitas County could become the successor district.
• The snow park off Woods and Steele Road is the district's only land holding.
BACKGROUND:
Recently, Commissioner and staff met with a District Commissioner discussing the
potential dissolution of Kittitas County Parks and Recreation District No. 1. Dissolution
of Parks and Recreation Districts in the State of Washington must follow procedures
defined in RCW 53.48 (Port Districts). The snow park asset currently held by the district
will require Superior Court action unless the asset is divested prior to the district filing a
petition to dissolve with the Court.
DISCUSSION:
Lack of funding and general community support are two reasons being advanced by the
district supporting dissolution. The snow park off Woods and Steele Road is currently
leased to the Washington State Department of Parks and Recreation. The five -acre site is
currently developed on two of the five acres. It appears that the Court could order the
sale of the asset by the sheriff. Providing the District and the Board of County
Commissioners agree, the snow park could be conveyed to the County via quit claim
deed prior to the district petitioning the Court for dissolution. This action would avoid a
potential Court ordered sale of the snow park. With no assets other than cash, the Court
will be free to easily grant dissolution of the district in favor of County as successor
district.
The state contemplates dissolution of the district which has no active commission. This
would be the case if all commissioners resign, and two consecutive election cycles fail to
Page 1 of 3
Public Works "Work Session Staff Report", 2021
seat an active replacement commission. This process will be a long drawn out one and
staff favors the Court ordered dissolution to massive resignation. The orderly demise of
the district offers transparency and predictability in process. Acquisition of the snow
park by the County ensures ongoing viability of the facility. Once ownership transfer
takes place, discussions with State Parks can occur defining the future of the park as it
relates to County operation.
FISCAL IMPACTS:
Minimal expense in quit claim deed transfer of the snow park. The 2022 Public Works
budget does not include funding for snow park operation. The Parks and Recreation
Fund managed by Public Works could easily be amended supporting operation and
maintenance of the snow park.
ATTACHMENTS:
Exhibit 1: Revised Code of Washington Chapter 53.48
Page 2 of 3
Public Works "Work Session Staff Report", 2021
EXHIBIT 1: REVISED CODE OF WASHINGTON CHAPTER 53.48
Page 3 of 3
Public Works "Work Session Staff Report", 2021
10/18121,1:22 PM Chapter 53.48 RCW: DISSOLUTION OF PORT AND OTHER DISTRICTS
Chapter Listing I RCW Dispositions
Chapter 53.48 RCW
DISSOLUTION OF PORT AND OTHER DISTRICTS
Sections
53.48.001 Dissolution of certain districts subject to review by boundary review board.
53.48.010 Definitions.
53.48.020 Petition.
53.48.030 Order for hearing—Notice.
53.48.040 Order of dissolution—Sale of assets.
53.48.050 Payment of debts and costs—Balance to school district.
53.48.060 Insolvency—Second hearing.
53.48.070 Notice of second hearing.
53.48.080 Sale of property—Levy to pay deficit.
53.48.090 Order of dissolution or refusal.
53.48.120 Provision for costs and expenses.
53.48.140 Dissolution of district which has no active commission—Powers of county commissioners.
NOTES:
Dissolution of
air pollution control authorities: RCW 70A.15.2570.
cemetery districts: RCW 68.52.320.
fire protection districts, election method: RCW 52.10.010.
flood control districts: 1937 act--RCW 86.09.622, 86.09.625.
inactive special purpose districts: Chapter 36.96 RCW.
irrigation districts: Chapters 87.52, 87.53, 87.56 RCW.
metropolitan park districts: RCW 35.61.310.
soil conservation districts: RCW 89.08.350 through 89.08.370.
water -sewer districts, election method: RCW 57.04.090, 57.04.100, and chapter 53.48 RCW
RCW 53.48.001
Dissolution of certain districts subject to review by boundary review board.
The dissolution of a metropolitan park district, fire protection district, water -sewer district, or flood
control zone district under chapter 53.48 RCW may be subject to potential review by a boundary review
board under chapter 36.93 RCW.
[ 1999 c 153 § 62; 1989 c 84 § 46.]
NOTES:
https://app.leg.wa.gov/RCW/default.aspx?cite=53.48&full=true 1/5
10/18/21,1:22 PM Chapter 53.48 RCW: DISSOLUTION OF PORT AND OTHER DISTRICTS
Part headings not law -1999 c 153: See note following RCW 57.04.050.
RCW 53.48.010
Definitions.
The following words and terms shall, whenever used in this chapter, have the meaning set forth
in this section:
(1) The term "district' as used herein, shall include all municipal and quasi -municipal corporations
having a governing body, other than cities, towns, counties, and townships, such as port districts, school
districts, water -sewer districts, fire protection districts, and all other special districts of similar
organization, but shall not include local improvement districts, diking, drainage and irrigation districts,
special districts as defined in RCW 85.38.010, nor public utility districts.
(2) The words "board of commissioners," as used herein, shall mean the governing authority of
any district as defined in subdivision (1) of this section.
[ 1999 c 153 § 63; 1986 c 278 § 17; 1979 ex.s. c 30 § 10; 1941 c 87 § 1; Rem. Supp. 1941 § 8931-11.]
NOTES:
Part headings not law -1999 c 153: See note following RCW 57.04.050.
Severability -1986 c 278: See note following RCW 36.01.010.
Purpose -1941 c 87: "This act is intended to authorize the dissolution of all types of
municipal corporations having governing bodies, other than those excepted from the application of this
act, in cases where the occasion or reason for continued existence of such corporation has ceased, or
where the best interests of all persons concerned would be served by such dissolution, and shall be
liberally construed to effect such intent." [ 1941 c 87 § 12.]
Severability -1941 c 87: "if any provision of this act or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act
which can be given effect without the invalid provision or application, and to this end the provisions of
this act are declared to be severable." [ 1941 c 87 § 11.]
RCW 53.48.020
Petition.
For the purpose of dissolution of a district, a petition for an order of dissolution signed by the
majority of the board of commissioners, or other governing authority of such district shall be presented to
the superior court of the county in which the board of commissioners is situated.
[ 1941 c 87 § 2; Rem. Supp. 1941 § 8931-12.]
https://app.leg.wa.gov/RCW/default.aspx?cite=53.48&full=true 2/5
10/18/21,1:22 PM Chapter 53.48 RCW: DISSOLUTION OF PORT AND OTHER DISTRICTS
RCW 53.48.030
Order for hearing—Notice.
Upon the filing of such petition for an order of dissolution, the superior court shall enter an order
setting the same for hearing at a date not less than thirty days from the date of filing, and the petitioner
shall give notice of such hearing by publication in a newspaper of general circulation in the county in
which the district is located once a week for three successive weeks, and by posting in three public
places in the county in which the district is located at least twenty-one days before said hearing. At least
one notice shall be posted in the district. The notices shall set forth the filing of the petition, its purpose
and the date and place of the hearing thereon.
[ 2016 c 93 § 6; 1941 c 87 § 3; Rem. Supp. 1941 § 8931-13.]
RCW 53.48.040
Order of dissolution—Sale of assets.
After said hearing the court shall enter its order dissolving or refusing to dissolve said district. A
finding that the best interests of all persons concerned will be served by the proposed dissolution shall
be essential to an order of dissolution. If the court find that such district is solvent, the court shall order
the sale of such assets, other than cash, by the sheriff of the county in which the board is situated, in the
manner provided by law for the sale of property on execution.
[ 1941 c 87 § 4; Rem. Supp. 1941 § 8931-14.]
NOTES:
Execution: Chapter 6.17 RCW.
RCW 53.48.050
Payment of debts and costs—Balance to school district.
The proceeds of the sale, together with moneys on hand in the treasury of the district, shall after
payment of all costs and expenses, be paid to the treasurer of the same county and placed to the credit
of the school district, or districts, in which such district is situated.
[ 1941 c 87 § 5; Rem. Supp. 1941 § 8931-15.]
NOTES:
Port districts in counties with populations of from eight thousand to less than twelve thousand
Disposition of funds: Chapter 53.49 RCW.
https://app.leg.wa.gov/RCW/default.aspx?cite=53.48&full=true 3/5
10/18121,1:22 PM Chapter 53.48 RCW: DISSOLUTION OF PORT AND OTHER DISTRICTS
RCW 53.48.060
Insolvency—Second hearing.
Upon a finding of insolvency the court shall then determine the indebtedness of the district, the
creditors thereof and their claims. The court shall then set a date and a place for a second hearing,
which hearing shall be not less than sixty days nor more than one hundred twenty days from the hearing
as provided in RCW 53.48.030.
The purpose of such hearing shall be to determine ways and means of retiring the established
indebtedness of the district and paying all costs and expenses of proceedings hereunder. Such ways
and means may include the levy of assessments against the property in the district as provided in RCW
53.48.080.
[ 1941 c 87 § 6; Rem. Supp. 1941 § 8931-16.]
RCW 53.48.070
Notice of second hearing.
The clerk shall give notice of the second hearing by publication in a newspaper of general
circulation in the county in which the district is located once a week for three successive weeks, and by
posting in three public places in the county in which the district is located at least twenty-one days before
the hearing, and shall give such other notice to creditors and other interested parties as the court may
deem necessary or advisable. At least one notice shall be posted in the district. The notices shall set
forth the filing of the petition, its purpose, the finding of the court on the petition, the date and place of the
second hearing and the purpose of the hearing as stated in RCW 63.48.060.
[ 1941 c 87 § 7; Rem. Supp. 1941 § 8931-17.]
RCW 53.48.080
Sale of property—Levy to pay deficit.
At the second hearing the court shall have authority to order the sale of any district property. If
the proceeds of such sale together with any cash remaining on hand to the credit of the district are
insufficient to retire such indebtedness together with all costs and expenses, the court shall have
authority to order the board of commissioners to levy assessments in the manner provided by law
against the property in the district in amounts sufficient to retire said indebtedness and pay the costs and
expenses. At such hearing any property owner within the district may appear and be heard for or against
such levy.
[ 1941 c 87 § 8; Rem. Supp. 1941 § 8931-18.]
RCW 53.48.090
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10/18/21,1:22 PM Chapter 53.48 RCW: DISSOLUTION OF PORT AND OTHER DISTRICTS
Order of dissolution or refusal.
After the indebtedness of the district has been settled or paid, the court shall determine whether
the best interests of all persons concerned will be served by the proposed dissolution and shall make a
finding thereon. The court shall then enter its order dissolving or refusing to dissolve said district.
[ 1941 c 87 § 9; Rem. Supp. 1941 § 8931-19.1
RCW 53.48.120
Provision for costs and expenses.
In all proceedings brought under this chapter the court shall make provision for the costs and
expenses of proceedings hereunder and for the payment of the same.
[ 1941 c 87 § 10; Rem. Supp. 1941 § 8931-20.]
RCW 53.48.140
Dissolution of district which has no active commission—Powers of county
commissioners.
See RCW 53.46.060.
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