AN ACT Relating to metropolitan municipal corporations; amending RCW 35.58.120, 35.58.130, 35.58.140, and 35.58.150; adding a new section to chapter 35.58 RCW; adding a new section to chapter 56.08 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A metropolitan municipal corporation in existence on the effective date of this act shall be governed by a metropolitan council consisting of thirty-five members elected by districts established by the legislative authority of the central county if approved by the voters within the boundaries of the metropolitan municipal corporation in the same manner as for the establishment of the metropolitan municipal corporation under RCW 35.58.090. This proposition shall be submitted to the voters by the legislative authority of the central county at the November 1987 general election. Elected officials may run for and serve in the positions created under this section.

Sec. 2. Section 35.58.120, chapter 7, Laws of 1965 as last amended by section 1, chapter 92, Laws of 1983 and RCW 35.58.120 are each amended to read as follows:

A metropolitan municipal corporation created after the effective date of this 1987 act shall be governed by a metropolitan council composed of the following:

(1) One member (a) who shall be the elected county executive of the central county, or (b) if there shall be no elected county executive, one member who shall be selected by, and from, the board of commissioners of the central county.

(2) One additional member for each county commissioner district or county council district which shall contain fifteen thousand or more persons residing within the metropolitan municipal corporation, who shall be the county commissioner or county councilman from such district;

(3) One additional member selected by the board of commissioners or county council of each component county for each county commissioner district or county council district containing fifteen thousand or more persons residing in the unincorporated portion of such commissioner district lying within the metropolitan municipal corporation each such appointee to be a resident of such unincorporated portion;

(4) One member from each component city which shall have a population of fifteen thousand or more persons, who shall be the mayor of such city, if such city shall have the mayor-council form of government, and in other cities shall be selected by, and from, the mayor and city council of each of such cities.

(5) One member representing all component cities which have less than fifteen thousand population each, to be selected by and from the mayors of such smaller cities in the following manner: The mayors of all such cities shall meet prior to July 1 of each even-numbered year at a time and place to be fixed by the metropolitan council. The chairperson of the metropolitan council shall preside. After nominations are made, successive ballots shall be taken until one candidate receives a majority of all votes cast.

(6) One additional member selected by the city council of each component city containing a population of fifteen thousand or more for each fifty thousand population over and above the first fifteen thousand, such members to be selected from such city council until all councilmen are members and thereafter to be selected from other officers of such city.

(7) For any metropolitan municipal corporation which shall be authorized to perform the function of metropolitan water pollution abatement, two additional members who shall be commissioners of a sewer district or a water district which is operating a sewer system and is a component part of the metropolitan municipal corporation and shall participate only in those council actions which relate to the performance of the function of metropolitan water pollution abatement. The commissioners of all such sewer districts and water districts which are component parts of the metropolitan municipal corporation shall meet on the ((~~first Tuesday of the month following May 21, 1971 and thereafter on the~~)) second Tuesday of June of each even-numbered year at seven o'clock p.m. at the office of the board of county commissioners of the central county. After election of a chairman, nominations shall be made to select members to serve on the metropolitan council and successive ballots taken for each member until one candidate receives a majority of votes cast. The two members so selected shall not be from districts whose boundaries come within ten miles of each other.

(8) One member, who shall be chairman of the metropolitan council, selected by the other members of the council. The member shall not hold any public office of or be an employee of any component city or component county of the metropolitan municipal corporation.

Sec. 3. Section 35.58.130, chapter 7, Laws of 1965 and RCW 35.58.130 are each amended to read as follows:

At the first meeting of the metropolitan council following the formation of a metropolitan municipal corporation, ((~~the mayor of the central city shall serve as temporary chairman. As its first official act~~)) the council shall elect a chairman. The chairman shall be a voting member of the council and shall preside at all meetings. In the event of his absence or inability to act the council shall select one of its members to act as chairman pro tempore. A majority of all members of the council shall constitute a quorum for the transaction of business. A smaller number of council members than a quorum may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as the council may provide. The council shall determine its own rules and order of business, shall provide by resolution for the manner and time of holding all regular and special meetings and shall keep a journal of its proceedings which shall be a public record. Every legislative act of the council of a general or permanent nature shall be by resolution.

Sec. 4. Section 35.58.140, chapter 7, Laws of 1965 as last amended by section 6, chapter 303, Laws of 1971 ex. sess. and RCW 35.58.140 are each amended to read as follows:

(1) Each member of a metropolitan council under RCW 35.58.120 except those selected under the provisions of RCW 35.58.120(1)(a), (5), (7), and (8), shall hold office at the pleasure of the body which selected him. Each member, who shall hold office ex officio, may not hold office after he ceases to hold the position of elected county executive, mayor, commissioner, or councilman. The chairman shall hold office until the second Tuesday in July of each even-numbered year and may, if reelected, serve more than one term. Each member shall hold office until his successor has been selected as provided in this chapter.

(2) Each member of a metropolitan council under section 1 of this 1987 act shall hold office for a term of four years and until a successor is elected and qualified.

Sec. 5. Section 35.58.150, chapter 7, Laws of 1965 as last amended by section 1, chapter 44, Laws of 1984 and RCW 35.58.150 are each amended to read as follows:

(1) A vacancy in the office of a member of the metropolitan council under RCW 35.58.120 shall be filled in the same manner as provided for the original selection. The meeting of mayors to fill a vacancy of the member selected under the provisions of RCW 35.58.120(4) or of special district representatives to fill a vacancy of a member selected under RCW 35.58.120(7) shall be held at such time and place as shall be designated by the chairman of the metropolitan council after ten days' written notice mailed to the mayors of each of the cities specified in RCW 35.58.120(4) or to the representatives of the special purpose districts specified in RCW 35.58.120(7), whichever is applicable.

(2) Vacancies in the office of a member of the metropolitan municipal corporation under section 1 of this 1987 act shall be by appointment by the legislative authority of the central county for the remainder of the member's term of a person from the district from which the member was elected.

NEW SECTION. Sec. 6. Members elected to positions under section 1 of this act shall be elected at a special election called for this purpose by the legislative authority of the central county in April 1988, according to the general election laws of this state. Members serving on a metropolitan municipal council existing on the effective date of this act shall continue to serve as if this act had not been enacted until their successors under section 1 of this act have been elected and qualified.

NEW SECTION. Sec. 7. A new section is added to chapter 56.08 RCW to read as follows:

A metropolitan municipal corporation established under chapter 35.58 RCW that is engaged in the transmission, treatment, and disposal of sewage may impose a charge on property owners seeking to connect or reconnect to sewer systems that drain into the metropolitan municipal corporation's facilities. The connection charge authorized by this section shall be established by the council of the metropolitan municipal corporation and such charges shall not exceed the proportionate share of the system's capital costs which the metropolitan municipal corporation can demonstrate are attributable to the property being charged. Such charge shall be a lien upon the property served and may be collected, paid, and enforced in any manner available to sewer districts.

NEW SECTION. Sec. 8. Section 1 of this act is added to chapter 35.58 RCW and shall be codified between RCW 35.58.120 and 35.58.130.