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17.21.280 | Disposition of revenue, enforcement of chapter—Pesticide safety education program—Fee—District court fees, fines, penalties, and forfeitures. | (1) Except as provided in subsections (2) and (4) of this section, all moneys collected under the provisions of this chapter shall be paid to the director and deposited in the agricultural local fund, RCW 43.23.230 , for use exclusively in the enforcement of this chapter. (2) In addition to any other fees the departmen... |
17.21.290 | Pesticide application apparatuses—License plate as identification. | All licensed apparatuses shall be identified by a license plate furnished by the director, at no cost to the licensee, which plate shall be affixed in a location and manner upon such apparatus as prescribed in rule.
[ 1994 c 283 s 30 ; 1989 c 380 s 60 ; 1967 c 177 s 15 ; 1961 c 249 s 29 .] |
17.21.300 | Agreements with other governmental entities. | The director is authorized to cooperate with and enter into agreements with any other agency of the state, the United States, and any other state or agency thereof for the purpose of carrying out the provisions of this chapter and securing uniformity of regulation.
[ 1961 c 249 s 30 .] |
17.21.305 | Licensing by cities of first class and counties. | The provisions of this chapter requiring all structural pest control operators, exterminators and fumigators to license with the department shall not preclude a city of the first class with a population of one hundred thousand people or more, or the county in which it is situated, from also licensing structural pest co... |
17.21.310 | General penalty. | (1) Except as provided in subsection (2) of this section, any person who violates any provisions or requirements of this chapter or rules adopted hereunder is guilty of a misdemeanor. (2) A second or subsequent offense is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall ... |
17.21.315 | Civil penalty for failure to comply with chapter. | Every person who fails to comply with this chapter or the rules adopted under it may be subjected to a civil penalty, as determined by the director, in an amount of not more than seven thousand five hundred dollars for every such violation. Each and every such violation shall be a separate and distinct offense. Every p... |
17.21.320 | Access to public or private premises—Search warrants—Prosecuting attorney's duties—Injunctions. | (1) For purpose of carrying out the provisions of this chapter the director may enter upon any public or private premises at reasonable times, in order: (a) To have access for the purpose of inspecting any equipment subject to this chapter and such premises on which such equipment is kept or stored; (b) To inspect land... |
17.21.340 | Violation of chapter—Remedies. | (1) A person aggrieved by a violation of this chapter or the rules adopted under this chapter: (a) May request an inspection of the area in which the violation is believed to have occurred. If there are reasonable grounds to believe that a violation has occurred, the department shall conduct an inspection as soon as pr... |
17.21.350 | Report to legislature. | By February 1st of each year the department shall report to the appropriate committees of the house of representatives and the senate on the activities of the department under this chapter. The report shall include, at a minimum: (1) A review of the department's pesticide incident investigation and enforcement activiti... |
17.21.400 | Landscape or right-of-way applications—Notice. | (1)(a) A certified applicator making a landscape application shall display the name and telephone number of the applicator or the applicator's employer on any power application apparatus. The applicator shall also carry the material safety data sheet for each pesticide being applied. (b) A certified applicator making a... |
17.21.410 | Landscape applications—Marking of property, posting requirements. | (1) A certified applicator making a landscape application to: (a) Residential property shall at the time of the application place a marker at the usual point of entry to the property. If the application is made to an isolated spot that is not a substantial portion of the property, the applicator shall only be required ... |
17.21.415 | Schools—Policies and methods—Notification—Records—Liability. | (1) As used in this section, "school" means a licensed day care center or a public kindergarten or a public elementary or secondary school. (2) A school shall provide written notification, upon request, to parents or guardians of students and employees describing the school's pest control policies and methods, includin... |
17.21.420 | Pesticide-sensitive individuals—List procedure. | (1) The department shall develop a list of pesticide-sensitive individuals. The list shall include any person with a documented pesticide sensitivity who submits information to the department on an application form developed by the department indicating the person's pesticide sensitivity. (2) An applicant for inclusion... |
17.21.430 | Pesticide-sensitive individuals—Notification. | (1) A certified applicator making a landscape application or a right-of-way application to the pesticide notification area, as defined in RCW 17.21.420 (2), of a person on the pesticide-sensitive list shall notify the listed pesticide-sensitive individual of the application. Notification shall be made at least two hour... |
17.21.440 | Agricultural workers and handlers of agricultural pesticides—Coordination of regulation and enforcement with department of labor and industries. | (1) As used in this section, "federal worker protection standard" or "federal standard" means the worker protection standard for agricultural workers and handlers of agricultural pesticides adopted by the United States environmental protection agency in 40 C.F.R., part 170 as it exists on June 6, 1996. (2)(a) No rule a... |
17.21.445 | Protection of pollinator health—Report to the legislature. | (1) The department shall continue to evaluate and update, as necessary, pesticide regulatory and education programs focused on measures to protect pollinator health. This work by the department, when appropriate, must be coordinated with Washington State University pesticide education programs to limit duplication and ... |
17.21.450 | Application of certain pesticides by noncertified applicators—Standards adopted by rule. | The department shall adopt by rule standards for pesticide applications made by noncertified applicators of restricted use pesticides under the direct supervision of a certified applicator. Standards must be at least as effective as the federal certification and training standards for pesticide applicators and must inc... |
17.21.455 | Pesticide advisory board—Established—Membership. | (1) The pesticide advisory board is established to advise the director on any or all problems relating to the use and application of pesticides in the state except for matters covered by the pesticide application safety committee created in RCW 70.104.110 , with members as provided in this subsection. (a) Voting member... |
17.21.460 | Pesticide advisory board—Election of chair—Authority to call a meeting. | The pesticide advisory board established in RCW 17.21.455 shall elect a chair from among its membership. The pesticide advisory board shall meet from time to time at the call of the director, chair of the board, or a majority of the board.
[ 2023 c 378 s 3 .]
Finding — Intent — 2023 c 378: See note following RCW 17.21.... |
17.21.900 | Preexisting liabilities not affected. | The enactment of this act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this act becomes effective.
[ 1961 c 249 s 31 .] |
17.21.920 | Short title. | This chapter may be cited as the Washington pesticide application act.
[ 1961 c 249 s 33 .] |
17.24.003 | Purpose. | The purpose of this chapter is to provide a strong system for the exclusion of plant and bee pests and diseases through regulation of movement and quarantines of infested areas to protect the forest, agricultural, horticultural, floricultural, and apiary industries of the state; plants and shrubs within the state; and ... |
17.24.007 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the state department of agriculture. (2) "Director" means the director of the state department of agriculture or the director's designee. (3) "Quarantine" means a rule issued by the depar... |
17.24.011 | Regulation of plant, plant product, bee movement, and genetically engineered organisms. | Notwithstanding the provisions of RCW 17.24.041 , the director may: (1) Make rules under which plants, plant products, bees, hives and beekeeping equipment, and noxious weeds may be brought into this state from other states, territories, or foreign countries; and (2) Make rules with reference to plants, plant products,... |
17.24.021 | Inspection and investigation. | (1) The director may intercept and hold or order held for inspection, or cause to be inspected while in transit or after arrival at their destination, all plants, plant products, bees, or other articles likely to carry plant pests, bee pests, or noxious weeds being moved into this state from another state, territory, o... |
17.24.031 | Determination of origin. | The director may demand of a person who has in his or her possession or under his or her control, plants, bees, plant products, or other articles that may carry plant pests, bee pests, or noxious weeds, full information as to the origin and source of these items. Failure to provide that information, if known, may subje... |
17.24.041 | Power to adopt quarantine measures—Rules. | If determined to be necessary to protect the forest, agricultural, horticultural, floricultural, beekeeping, or environmental interests of this state, the director may declare a quarantine against an area, place, nursery, orchard, vineyard, apiary, or other agricultural establishment, county or counties within the stat... |
17.24.051 | Introduction of plant pests, noxious weeds, or organisms affecting plant life—Special transit permit for brush, yard waste, or debris generated inside a quarantine area for apple maggot. | (1) The introduction into or release within the state of a plant pest, noxious weeds, bee pest, or any other organism that may directly or indirectly affect the plant life of the state as an injurious pest, parasite, predator, or other organism is prohibited, except under special permit issued by the department under r... |
17.24.061 | Protection of privileged or confidential information—Procedure—Notice—Declaratory judgment. | (1) In submitting data required by this chapter, the applicant may: (a) Mark clearly portions of data which in his or her opinion are trade secrets or commercial or financial information; and (b) submit the marked material separately from other material required to be submitted under this chapter. (2) Notwithstanding a... |
17.24.071 | Compliance agreements. | The director may enter into compliance agreements with a person engaged in growing, handling, or moving articles, bees, plants, or plant products regulated under this chapter.
[ 1991 c 257 s 11 .] |
17.24.081 | Prohibited acts. | It shall be unlawful for a person to: (1) Sell, offer for sale, or distribute a noxious weed or a plant or plant product or regulated article infested or infected with a plant pest declared by rule to be a threat to the state's forest, agricultural, horticultural, floricultural, or beekeeping industries or environment;... |
17.24.091 | Impound and disposition. | (1) If upon inspection, the director finds that an inspected plant or plant product or bees are infected or infested or that a regulated article is being held or transported in violation of a rule or quarantine of the department, the director shall notify the owner that a violation of this chapter exists. The director ... |
17.24.100 | Penalties—Second and subsequent offenses. | (1) Except as provided in subsection (2) of this section, every person who violates or fails to comply with any rule or regulation adopted and promulgated by the director of agriculture in accordance with and under the provision of this chapter is guilty of a misdemeanor. (2) A second and each subsequent violation or f... |
17.24.101 | Statewide survey and control activity. | If there is reason to believe that a plant or bee pest may adversely impact the forestry, agricultural, horticultural, floricultural, or related industries of the state; or may cause harm to the environment of the state; or such information is needed to facilitate or allow the movement of forestry, agricultural, hortic... |
17.24.111 | Director's cooperation with other agencies. | The director may enter into cooperative arrangements with a person, municipality, county, Washington State University or any of its experiment stations, or other agencies of this state, and with boards, officers, and authorities of other states and the United States, including the United States department of agricultur... |
17.24.121 | Acquisition of lands, water supply, or other properties for quarantine locations. | The director may acquire, in fee or in trust, by gift, or whenever funds are appropriated for such purposes, by purchase, easement, lease, or condemnation, lands or other property, water supplies, as may be deemed necessary for use by the department for establishing quarantine stations for the purpose of the isolation,... |
17.24.131 | Requested inspections—Fee for service—Disbursements in lieu of fee. | To facilitate the movement or sale of forest, agricultural, floricultural, horticultural and related products, or bees and related products, the director may provide, if requested by farmers, growers, or other interested persons, special inspections, pest identifications, plant identifications, plant diagnostic service... |
17.24.141 | Penalties—Criminal and civil penalty. | Whenever the director finds that a person has committed a violation of any of the provisions of this chapter, and that violation has not been punished pursuant to RCW 17.24.100 , the director may impose upon and collect from the violator a civil penalty not exceeding five thousand dollars per violation. Each violation ... |
17.24.151 | Violations—Costs of control. | A person who, through a knowing and willful violation of a quarantine established under this chapter, causes an infestation to become established, may be required to pay the costs of public control or eradication measures caused as a result of that violation.
[ 1991 c 257 s 19 .] |
17.24.161 | Funds for technical and scientific services. | The director may, at the director's discretion, provide funds for technical or scientific services, labor, materials and supplies, and biological control agents for the control of plant pests, bee pests, and noxious weeds.
[ 1991 c 257 s 20 .] |
17.24.171 | Determination of imminent danger of infestation of plant pests or plant diseases—Emergency measures—Conditions—Procedures. | (1) If the director determines that there exists an imminent danger of an infestation of plant pests or plant diseases that seriously endangers the agricultural or horticultural industries of the state, or that seriously threatens life, health, economic well-being, or the environment, the director shall request the gov... |
17.24.210 | Indemnity contracts for damages resulting from prevention, control, or eradication measures—Authorized—Conditions. | The director of agriculture may, on the behalf of the state of Washington, enter into indemnity contracts wherein the state of Washington agrees to repay any person, firm, corporation, or other entity acting under the direction or control of the proper authority to provide plant pest or plant disease prevention, contro... |
17.24.220 | Sudden oak death syndrome—Coordinated response effort. | The department and the department of natural resources shall coordinate their sudden oak death syndrome response efforts with other plant pest agencies and private organizations to exchange information, monitor the confirmed incidences of the disease, and take action as appropriate under existing plant pest control aut... |
17.26.005 | Findings. | The legislature finds that: (1) Spartina alterniflora, Spartina anglica, Spartina x townsendii, and Spartina patens which are collectively called spartina are not native to the state of Washington nor to the west coast of North America. This noxious weed was inadvertently introduced into the wetlands of the state and i... |
17.26.006 | Findings—Purpose. | This state is facing an environmental disaster that will affect other states as well as other nations. The legislature finds that six years is sufficient time for state agencies to debate solutions to the spartina and purple loosestrife problems that are occurring in state waters. One of the purposes of chapter 255, La... |
17.26.007 | Findings—Application to appropriations. | This section applies to appropriations made to the department of agriculture specifically for the removal or control of spartina or purple loosestrife or both plants. The legislature finds that: The presence of spartina or purple loosestrife on private lands threatens wildlife habitat and provides a source of renewed i... |
17.26.010 | Restriction on state agencies and local governments. | State agencies and local governments may not use any other local, state, or federal permitting requirement, regulatory authority, or legal mechanism to override the legislative intent and statutory mandates of chapter 255, Laws of 1995.
[ 1995 c 255 s 8 .] |
17.26.011 | Spartina removal includes restoration—Study. | Spartina removal shall include restoration to return intertidal land and other infested lands to the condition found on adjacent unaffected lands in the same tidal elevation. The department of fish and wildlife, the department of ecology, the department of agriculture, and the department of natural resources shall deve... |
17.26.015 | Lead agency—Responsibilities. | (1) The state department of agriculture is the lead agency for the control of spartina and purple loosestrife with the advice of the state noxious weed control board. (2) Responsibilities of the lead agency include: (a) Coordination of the control program including memorandums of understanding, contracts, and agreement... |
17.26.020 | High priority for all state agencies—Definitions. | (1) Facilitating the control of spartina and purple loosestrife is a high priority for all state agencies. (2) The department of natural resources is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the department of natural resources. (3) The department of fish and wildli... |
17.26.901 | Effective date—1995 c 255. | This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 5, 1995].
[ 1995 c 255 s 15 .] |
17.28.010 | Definitions. | When used in this chapter, the following terms, words or phrases shall have the following meaning: (1) "District" means any mosquito control district formed pursuant to this chapter. (2) "Board" or "district board" means the board of trustees governing the district. (3) "County commissioners" means the governing body o... |
17.28.020 | Districts may be organized in counties—Petition, presentment, signatures. | Any number of units of a territory within the state of Washington in Adams, Benton, Franklin, Grant, Kittitas, Walla Walla and Yakima counties or any other county may be organized as a mosquito control district under the provisions of this chapter. A petition to form a district may consist of any number of separate ins... |
17.28.030 | Petition method—Description of boundaries—Verification of signatures—Resolution to include city. | Before a city can be included as a part of the proposed district its governing body shall have requested that the city be included by resolution, duly authenticated. The petition shall set forth and describe the boundaries of the proposed district and it shall request that it be organized as a mosquito control district... |
17.28.040 | Petition method—Publication of petition and notice of meeting. | Upon receipt of a duly certified petition, the board of commissioners shall cause the text of the petition to be published once a week for at least three consecutive weeks in one or more newspapers of general circulation within the county where the petition is presented and at each city a portion of which is included i... |
17.28.050 | Resolution method. | Such districts may also be organized upon the adoption by the county commissioners of a resolution of intention so to do, in lieu of the procedure hereinbefore provided for the presentation of petitions. In the event the county commissioners adopt a resolution of intention, such resolution shall describe the boundaries... |
17.28.060 | Hearing—Defective petition—Establishment of boundaries. | At the time stated in the notice of the filing of the petition or the time mentioned in the resolution of intention, the county commissioners shall consider the organization of the district and hear those appearing and all protests and objections to it. The commissioners may adjourn the hearing from time to time, not e... |
17.28.070 | Procedure to include other territory. | If the county commissioners deem it proper to include any territory not proposed for inclusion within the proposed boundaries, they shall first cause notice of intention to do so to be mailed to each owner of land in the territory whose name appears as owner on the last completed assessment roll of the county in which ... |
17.28.080 | Determination of public necessity and compliance with chapter. | Upon the hearing of the petition the county commissioners shall determine whether the public necessity or welfare of the proposed territory and of its inhabitants requires the formation of the district, and shall also determine whether the petition complies with the provisions of this chapter, and for that purpose shal... |
17.28.090 | Declaration establishing and naming district—Election to form district—Establishment of district. | If, from the testimony given before the county commissioners, it appears to that board that the public necessity or welfare requires the formation of the district, it shall, by an order entered on its minutes, declare that to be its finding, and shall further declare and order that the territory within the boundaries s... |
17.28.100 | Election on proposition to levy tax. | At the same election there shall be submitted to the voters residing within the district, for their approval or rejection, a proposition authorizing the mosquito control district, if formed, to levy at the earliest time permitted by law on all taxable property located within the mosquito control district a general tax,... |
17.28.110 | Board of trustees—Composition. | Within thirty days after the filing with the secretary of state of the certified copy of the order of formation, a governing board of trustees for the district shall be appointed. The district board shall be appointed as follows: (1) If the district is situated in one county only and consists wholly of unincorporated t... |
17.28.120 | Board of trustees—Name of board—Qualification of members. | The district board shall be called "The board of trustees of . . . . . . mosquito control district." Each member of the board appointed by the governing body of a city shall be an elector of the city from which he or she is appointed and a resident of that portion of the city which is in the district. Each member appoi... |
17.28.130 | Board of trustees—Terms—Vacancies. | The members of the first board in any district shall classify themselves by lot at their first meeting so that: (1) If the total membership is an even number, the terms of one-half the members will expire at the end of one year, and the terms of the remainder at the end of two years, from the second day of the calendar... |
17.28.140 | Board of trustees—Organization—Officers—Compensation—Expenses. | The members of the first district board shall meet on the first Monday subsequent to thirty days after the filing with the secretary of state of the certificate of incorporation of the district. They shall organize by the election of one of their members as president and one as secretary. The members of the district bo... |
17.28.150 | Board of trustees—Meetings—Rules—Quorum. | The district board shall provide for the time and place of holding its regular meetings, and the manner of calling them, and shall establish rules for its proceedings. Special meetings may be called by three members, notice of which shall be given to each member at least twenty-four hours before the meeting. All of its... |
17.28.160 | Powers of district. | A mosquito control district organized under this chapter may: (1) Take all necessary or proper steps for the extermination of mosquitoes. (2) Subject to the paramount control of the county or city in which they exist, abate as nuisances all stagnant pools of water and other breeding places for mosquitoes. (3) If necess... |
17.28.170 | Mosquito breeding places declared public nuisance—Abatement. | Any breeding place for mosquitoes which exists by reason of any use made of the land on which it is found or of any artificial change in its natural condition is a public nuisance: PROVIDED, That conditions or usage of land which are beyond the control of the landowner or are not contrary to normal, accepted practices ... |
17.28.175 | Control of mosquitoes—Declaration that owner is responsible. | A board established pursuant to RCW 17.28.110 may adopt, by resolution, a policy declaring that the control of mosquitoes within the district is the responsibility of the owner of the land from which the mosquitoes originate. To protect the public health or welfare, the board may, in accordance with policies and standa... |
17.28.185 | Control of mosquitoes—Noncompliance by landowner with regulations. | (1) Whenever the board finds that the owner has not taken prompt and sufficient action to comply with regulations adopted pursuant to RCW 17.28.175 to control mosquitoes originating from the owner's land, the board shall notify the owner that a violation of this chapter exists. The notice shall be in writing and sent b... |
17.28.250 | Interference with entry or work of district—Penalty. | Any person who obstructs, hinders, or interferes with the entry upon any land within the district of any officer or employee of the district in the performance of his or her duty, and any person who obstructs, interferes with, molests, or damages any work performed by the district, is guilty of a misdemeanor.
[ 2011 c ... |
17.28.251 | Borrowing money or issuing warrants in anticipation of revenue. | A mosquito control district may, prior to the receipt of taxes raised by levy, borrow money or issue warrants of the district in anticipation of revenue, and such warrants shall be redeemed from the first money available from such taxes.
[ 1959 c 64 s 3 .] |
17.28.252 | Excess levy authorized. | A mosquito control district shall have the power to levy additional taxes in excess of the constitutional and/or statutory limitations for any of the authorized purposes of such district, not in excess of fifty cents per thousand dollars of assessed value per year when authorized so to do by the electors of such distri... |
17.28.253 | District boundaries for tax purposes. | For the purpose of property taxation and the levying of property taxes the boundaries of the mosquito control district shall be the established official boundary of such district existing on the first day of September of the year in which the levy is made, and no such levy shall be made for any mosquito control distric... |
17.28.254 | Abatement, extermination declared necessity and benefit to land. | It is hereby declared that whenever the public necessity or welfare has required the formation of a mosquito control district, the abatement or extermination of mosquitoes within the district is of direct, economic benefit to the land located within such district and is necessary for the protection of the public health... |
17.28.255 | Classification of property—Assessments. | The board of trustees shall annually determine the amount of money necessary to carry on the operations of the district and shall classify the property therein in proportion to the benefits to be derived from the operations of the district and in accordance with such classification shall apportion and assess the severa... |
17.28.256 | Assessments—Roll, hearings, notices, objections, appeal, etc. | The board of trustees in assessing the property within the district and the rights, duties and liabilities of property owners therein shall be governed, insofar as is consistent with this chapter, by the provisions for county road improvement districts as set forth in RCW 36.88.090 through 36.88.110 .
[ 1959 c 64 s 8 .... |
17.28.257 | Assessments—Payment, lien, delinquencies, foreclosure, etc. | The provisions of chapters 84.56 and 84.64 RCW and RCW 36.29.180 governing liens, collection, payment of assessments, delinquent assessments, interest and penalties, lien foreclosure and foreclosed property shall govern such matters as applied to mosquito control districts.
[ 2020 c 54 s 1 ; 1959 c 64 s 9 .] |
17.28.258 | County treasurer—Duties. | The county treasurer shall collect all mosquito control district assessments, and the duties and responsibilities herein imposed upon him or her shall be among the duties and responsibilities of his or her office for which his or her bond is given as county treasurer. The collection and disposition of revenue from such... |
17.28.260 | General obligation bonds—Excess property tax levies. | A mosquito control district shall have the power to issue general obligation bonds and to pledge the full faith and credit of the district to the payment thereof, for authorized capital purposes of the mosquito control district, and to provide for the retirement thereof by excess property tax levies whenever a proposit... |
17.28.270 | Collection, disposition, of revenue—Depository. | All taxes levied under this chapter shall be computed and entered on the county assessment roll and collected at the same time and in the same manner as other county taxes. When collected, the taxes shall be paid into the county treasury for the use of the district. If the district is in more than one county the treasu... |
17.28.280 | Withdrawal of funds. | The funds shall only be withdrawn from the county treasury depository upon the warrant of the district board signed by its president or acting president, and countersigned by its secretary.
[ 1957 c 153 s 28 .] |
17.28.290 | Matching funds. | Any part or all of the taxes collected for use of the district may be used for matching funds made available to the district by county, state, or federal governmental agencies.
[ 1957 c 153 s 29 .] |
17.28.300 | Expenses of special elections. | All expenses of any special election conducted pursuant to the provisions of this chapter shall be paid by the mosquito control district.
[ 1957 c 153 s 30 .] |
17.28.310 | Annual certification of assessed valuation. | It shall be the duty of the assessor of each county lying wholly or partially within the district to certify annually to the board the aggregate assessed valuation of all taxable property in his or her county situated in any mosquito control district as the same appears from the last assessment roll of his or her count... |
17.28.320 | Annexation of territory authorized—Consent by city. | Any territory contiguous to a district may be annexed to the district. If the territory to be annexed is in a city, consent to the annexation shall first be obtained from the governing body of the city. An authenticated copy of the resolution or order of that body consenting to the annexation shall be attached to the a... |
17.28.330 | Annexation of territory authorized—Petition—Hearing—Boundaries. | The district board, upon receiving a written petition for annexation containing a description of the territory sought to be annexed, signed by registered voters in said territory equal in number to at least ten percent of the number of votes cast in the territory for the office of governor at the last gubernatorial ele... |
17.28.340 | Annexation of territory authorized—Order of annexation—Election. | If upon the hearing the district board finds that the petition and the proceedings thereon meet the requirements of this chapter and that it is desirable and to the interests of the district and of the territory proposed to be annexed that the territory, with boundaries as fixed and determined by the district board, or... |
17.28.350 | Annexation of territory authorized—Filing of order—Composition of board. | The order of annexation shall be entered in the minutes of the board and certified copies shall be filed with the secretary of state and with the county clerk and county auditor of each county in which the district or any part of it is situated. From and after the date of the filing and recording of the certified copie... |
17.28.360 | Consolidation of districts—Initial proceedings. | Whenever in the judgment of the district board it is for the best interests of the district that it be consolidated with one or more other districts, it may, by a two-thirds vote of its members, adopt a resolution reciting that fact and declaring the advisability of such consolidation and the willingness of the board t... |
17.28.370 | Consolidation of districts—Concurrent resolution. | Should it appear that two-thirds of the members of each of the boards of districts proposed to be consolidated favor consolidation each of said boards shall then, by a vote of not less than two-thirds of its members adopt a concurrent resolution in favor of consolidation, declaring its willingness to consolidate, speci... |
17.28.380 | Consolidation of districts—Election. | When the concurrent resolution for consolidation has been adopted, each board of the districts proposed for consolidation shall forthwith call a special election in its district in which shall be presented to the electors of the districts the question whether the consolidation shall be effected. The election shall be c... |
17.28.390 | Consolidation of districts—Order of consolidation. | Should not less than two-thirds of the votes of each of the respective districts proposed to be consolidated favor consolidation the county commissioners shall immediately: (1) Enter an order on its minutes consolidating all of the districts proposed for consolidation into one district with name as specified in the con... |
17.28.400 | Consolidation of districts—Composition of board. | After the consolidation, the board of the consolidated district shall consist of the number and shall be appointed in the manner prescribed by this chapter for a district originally formed. The terms of the members of the district boards of the several districts consolidated who are in office at the time of consolidati... |
17.28.410 | Consolidation of districts—Powers of consolidated district—Indebtedness of former districts. | The consolidated district has all the rights, powers, duties, privileges and obligations of a district formed originally under the provisions of this chapter. If at the time of consolidation there is outstanding an indebtedness of any of the former districts included in the consolidated district, that indebtedness shal... |
17.28.420 | Dissolution—Election. | The district may at any time be dissolved upon the vote of two-thirds of the qualified electors in the district at a special election called by the district board upon the question. The question shall be submitted as, "Shall the district be dissolved?", or words to that effect. Notice of the election shall be published... |
17.28.430 | Dissolution—Result of election to be certified—Certificate of dissolution. | Should two-thirds or more of the votes at the election favor dissolution the district board shall certify that fact to the secretary of state. Upon receipt of such certification the secretary of state shall issue his or her certificate reciting that the district (naming it) has been dissolved, and shall transmit to and... |
17.28.440 | Dissolution—Disposition of property. | If the district at the time of dissolution was wholly within unincorporated territory in one county, its property vests in that county. If the district at the time of dissolution was situated wholly within the boundaries of a single city, its property vests in that city. If the district at the time of dissolution compr... |
17.28.450 | Dissolution—Collection of taxes to discharge indebtedness. | If, at the time of election to dissolve, a district has outstanding any indebtedness, the vote to dissolve the district dissolves it for all purposes except the levy and collection of taxes for the payment of the indebtedness, and expenses of assessing, levying, and collecting such taxes. Until the indebtedness is paid... |
17.28.900 | Severability—1957 c 153. | If any part, or parts, of this chapter shall be held unconstitutional, the remaining provisions shall be given full force and effect, as completely as if the part held unconstitutional had not been included therein, if any such remaining part can then be administered in furtherance of the purposes of this chapter.
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