H-0214.5  _______________________________________________

                          HOUSE BILL 1189

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Van Luven, Scott, Radcliff, Kenney, Mitchell, Tokuda, D. Schmidt, Dickerson, McIntire, Esser, Lambert, Cairnes, Ballasiotes, Constantine, Cody, H. Sommers, Murray, Santos and Parlette

Read first time 01/18/1999.  Referred to Committee on Local Government.

Modifying provisions concerning metropolitan park districts.

    AN ACT Relating to metropolitan park districts; amending RCW 35.61.010, 35.61.020, 35.61.030, 35.61.050, 35.61.120, 35.61.130, 35.61.150, 35.61.180, 35.61.200, 35.61.250, 35.61.290, and 84.52.010; and adding new sections to chapter 35.61 RCW.

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

    Sec. 1.  RCW 35.61.010 and 1994 c 81 s 60 are each amended to read as follows:

    Cities of five thousand or more population and such contiguous property the residents of which may decide in favor thereof in the manner set forth in this chapter may create a metropolitan park district for the management, control, improvement, maintenance, and acquisition of parks((, parkways,)) and ((boulevards)) recreation facilities as defined in this chapter.

NEW SECTION. Sec. 2.  A new section is added to chapter 35.61 RCW to read as follows:

    The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.

    (1) "City" means both cities and towns, including code cities.

    (2) "Ex officio board of park commissioners" means the board of park commissioners of a metropolitan park district, only including a city with a population of five hundred thousand or more within its boundaries, that is composed of only the members of a city legislative authority (including the elected mayor, if any, acting in the mayor's ordinary legislative capacity) acting ex officio and independently as provided under RCW 35.61.050(2).

    (3) "Separately elected board of park commissioners" means a board of park commissioners of a metropolitan park district that is composed of five separately elected commissioners as provided under RCW 35.61.050(1) and 35.61.120(1).

    (4) "Land or lands" refers to land, water, or air, or any of the rights therein or improvements thereon.

    (5) "Parks and recreation facilities" includes parks, gymnasiums, playgrounds, swimming pools, field houses, beach houses, stadiums, golf courses, coliseums, sports facilities, zoos, aquariums, civic facilities, cultural facilities, theaters, interpretive facilities, museums, public campgrounds, natural areas, boat ramps, marinas, senior citizen centers, community centers, arboretums, bicycle and bridle paths, parkways, boulevards, and other parks and recreation facilities, including related administrative and support facilities.

    Sec. 3.  RCW 35.61.020 and 1965 c 7 s 35.61.020 are each amended to read as follows:

(1) A ballot proposition authorizing the creation of a metropolitan park district shall be submitted by ordinance to the voters of a city with a population of at least five thousand at any general election, or at any special election which may be called for that purpose, ((or at any city election held in the city in all of the various voting precincts thereof, the city council or commission may,)) if the legislative authority of the city enacts such an ordinance after adopting a resolution proposing creation of a metropolitan park district or ((on)) if a petition ((of)) proposing creation of a metropolitan park district is submitted to the county auditor that has been signed by at least fifteen percent of the ((qualified electors of the)) registered voters residing in the city ((based upon the registration for the last preceding general city election, shall by ordinance, submit to the voters of the city the proposition of creating a metropolitan park district, the limits of which shall be)).

(2) If city voters approve the ballot proposition by a simple majority vote, a metropolitan park district shall be created that is coextensive with the limits of the city as now or hereafter established, inclusive of territory annexed to and forming a part of the city.

(3) Territory by virtue of its annexation to any city having heretofore created a park district shall be deemed to be ((within the limits of)) annexed to the metropolitan park district.

    ((The city council or commission shall submit the proposition at a special election to be called therefor when the petition so requests.))

    Sec. 4.  RCW 35.61.030 and 1985 c 469 s 32 are each amended to read as follows:

(1) In submitting the question to the voters for their approval or rejection, the city council or commission shall pass an ordinance declaring its intention to submit the proposition of creating a metropolitan park district to the qualified voters of the city.  The ordinance shall be published once a week for two consecutive weeks in the official newspaper of the city((, and the city council or commission shall cause to be placed upon the ballot for the election, at the proper place, the)).  The proposition shall appear on the ballot of the next general municipal election unless the city legislative authority by ordinance submits it at an earlier special election.

(2) The legislative authority of a city placing on the ballot a proposition ((which)) authorizing the creation of a metropolitan park district shall ((be expressed in)), in the ordinance submitting the question to the voters, choose and describe the composition of the initial metropolitan park district commission that is proposed under RCW 35.61.050.  The proposition shall include the following terms:

G "For the formation of a metropolitan park district."

G "Against the formation of a metropolitan park district."

    Sec. 5.  RCW 35.61.050 and 1994 c 223 s 23 are each amended to read as follows:

(1) Except as provided under subsection (2) of this section, five park commissioners shall be elected at large as the metropolitan members of the board of park commissioners for the metropolitan park district at the same election at which the ballot proposition is submitted to the voters as to whether a metropolitan park district is to be formed((, five park commissioners shall be elected)).  The election of metropolitan park commissioners shall be null and void if the metropolitan park district is not created.  Candidates shall run for specific commission positions.  ((No)) A primary shall not be held to nominate candidates.  The person receiving the greatest number of votes for each position shall be elected as a metropolitan park commissioner.  The staggering of the terms of office shall occur as follows:  (((1))) (a) The two persons who are elected receiving the two greatest numbers of votes shall be elected to six-year terms of office if the election is held in an odd-numbered year or five-year terms of office if the election is held in an even-numbered year; (((2))) (b) the two persons who are elected receiving the next two greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year or three-year terms of office if the election is held in an even-numbered year; and (((3))) (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year.

    The initial metropolitan park commissioners shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January in the year after they are elected.  Thereafter, all commissioners shall be elected to six-year terms of office at general elections held in odd-numbered years.

    All commissioners shall serve until their respective successors are elected and qualified and assume office in accordance with RCW 29.04.170.  Vacancies shall occur and shall be filled as provided in chapter 42.12 RCW.

(2) The ballot proposition creating a new metropolitan park district that only consists of a city with a population of five hundred thousand or more may provide for the city's legislative authority (including the elected mayor, if any, acting in the mayor's ordinary legislative capacity) to act in an ex officio and independent capacity as the board of commissioners for the metropolitan park district.  An election shall not be held to elect the initial metropolitan park district commissioners if such an option is taken.

    Sec. 6.  RCW 35.61.120 and 1965 c 7 s 35.61.120 are each amended to read as follows:

(1) The officers of a metropolitan park district shall be a board of park commissioners consisting of five members unless the board is composed as permitted under RCW 35.61.050(2).  The board shall annually elect one of their number as president and another of their number as clerk of the board.  The composition of a board under this subsection that was created before January 1, 1999, may not be altered once the metropolitan park district has been created.

(2) The composition of a board of metropolitan park district commissioners established as permitted under RCW 35.61.050(2) may be altered to a separately elected board of park commissioners once the metropolitan park district has been created only by a majority vote of the voters in the district, and then only if the potential for such an alteration was stated in the resolution or petition to create the district.

    Sec. 7.  RCW 35.61.130 and 1969 c 54 s 1 are each amended to read as follows:

(1) A metropolitan park district has the right of eminent domain, and may purchase, acquire and condemn lands lying within or without the boundaries of ((said)) the park district, for public parks((, parkways, boulevards, aviation landings and playgrounds,)) and recreation facilities.  A metropolitan park district may condemn such lands for any of the following purposes:  (a) To widen, alter, and extend streets((,)) and avenues((, boulevards, parkways, aviation landings and playgrounds,)); (b) to alter, enlarge, and extend existing parks((,)) and recreation facilities; and (c) to acquire lands for the establishment of new parks((, boulevards, parkways, aviation landings and playgrounds)) and recreation facilities.

(2) The right of eminent domain shall be exercised and instituted pursuant to resolution of the board of metropolitan park commissioners and conducted in the same manner and under the same procedure as is or may be provided by law for the exercise of the power of eminent domain by ((incorporated)) cities ((and towns)) of the state of Washington in the acquisition of property rights((:  PROVIDED,)).  However, funds to pay for condemnation allowed by this section shall be raised only as specified in this chapter.

(3) The board of metropolitan park commissioners ((shall have power to)) may employ counsel((,)) and ((to)) regulate, manage, and control the parks((, parkways, boulevards, streets, avenues, aviation landings and playgrounds)) and recreation facilities under its control((, and to)).

(4) The board of metropolitan park commissioners may provide for park ((policemen)) police, for a secretary of the board of metropolitan park commissioners, and for all necessary employees, ((to)) and fix their salaries and duties.  In a metropolitan park district governed under RCW 35.61.050(2), the city's mayor shall serve ex officio as the chief executive officer of the metropolitan park district unless otherwise provided by the board of metropolitan park district commissioners.

(5) The board of metropolitan park commissioners ((shall have power to)) may improve, acquire, extend and maintain, open, and lay out((,)) parks((, parkways, boulevards,)) and recreation facilities and avenues, ((aviation landings and playgrounds,)) within or without the metropolitan park district((, and to)).

(6) The board of metropolitan park commissioners may authorize, conduct, and manage the letting of boats, or other amusement apparatus, the operation of bath houses, the purchase and sale of foodstuffs or other merchandise, the giving of vocal or instrumental concerts or other entertainments, ((the establishment and maintenance of aviation landings and playgrounds,)) and the provision, establishment, operation, maintenance, and improvement of recreational facilities all on property owned by itself or others.

(7) The board of metropolitan park commissioners may provide generally for the management and conduct of such forms of recreation or business as it shall judge desirable or beneficial for the public, or for the production of revenue for expenditure for parks and recreation purposes((; and)).

(8) The board of metropolitan park commissioners may pay out moneys for:  (a) The maintenance and improvement of any such parks((, parkways, boulevards,)) and recreation facilities and avenues((, aviation landings and playgrounds)) as now exist, or the right to which may hereafter be acquired, within or without the limits of ((said city and for)) the metropolitan park district; (b) the purchase of lands within or without the limits of ((said city)) the metropolitan park district, whenever it deems the purchase to be for the benefit of the public and for the interest of the metropolitan park district, and for the maintenance and improvement thereof; and ((for)) (c) all expenses incidental to its duties((:  PROVIDED, That)).  However, all parks((, boulevards, parkways, aviation landings and playgrounds)) and recreation facilities shall be subject to the police regulations of the city or county within whose limits they lie.

(9) The board of metropolitan park commissioners may, if and to the extent provided by section 13 of this act, contract with any entity, public or private, including the city whose voters created the district, for all or any part of its staffing, operations, and services.

    Sec. 8.  RCW 35.61.150 and 1998 c 121 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, metropolitan park commissioners shall perform their duties and may provide, by resolution passed by the commissioners, for the payment of compensation to each of its commissioners at a rate of up to seventy dollars for each day or portion of a day devoted to the business of the district.  However, the compensation for each commissioner must not exceed six thousand seven hundred twenty dollars per year.  Any commissioner may waive all or any portion of his or her compensation payable under this subsection as to any month or months during his or her term of office, by a written waiver filed with the clerk of the board.  The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid.  The waiver shall specify the month or period of months for which it is made.

(2) Metropolitan park commissioners who serve in an ex officio capacity shall perform their duties as park commissioners without additional compensation.

    Sec. 9.  RCW 35.61.180 and 1987 c 203 s 1 are each amended to read as follows:

The treasurer of a metropolitan park district shall be as follows:

(1) The county treasurer of the county within which all, or the major portion, of the district lies shall be the ex officio treasurer of a metropolitan park district((, but)) with a separately elected board of metropolitan park commissioners.  The county treasurer when acting as the treasurer of a metropolitan park district shall receive no compensation other than his or her regular salary for ((receiving and disbursing the funds of a)) acting as the treasurer of the metropolitan park district.

(2) The treasurer of a metropolitan park district with an ex officio board of park commissioners established under RCW 35.61.120(2) shall be the city treasurer.  The city treasurer shall possess and may exercise all powers relating to the metropolitan park district that are possessed by the county treasurer, other than the authority to collect property taxes.  The city treasurer, when acting as the treasurer of a metropolitan park district, shall receive no compensation other than his or her regular salary for acting as the treasurer of the metropolitan park district.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, a metropolitan park district may designate someone other than the county treasurer, or someone other than the city treasurer, who has experience in financial or fiscal affairs to act as the district treasurer if the board has received the approval of the county treasurer or city treasurer to designate this person.  If the board of metropolitan park commissioners designates someone other than the county treasurer or city treasurer to act as the district treasurer, the board shall purchase a bond from a surety company operating in the state that is sufficient to protect the district from loss.  A district treasurer so designated shall possess all powers relating to the metropolitan park district that are possessed by the city treasurer or the county treasurer, other than the authority to collect property taxes.

(4) Notwithstanding RCW 35.61.210, general taxes of the metropolitan park district shall be distributed to the treasurer of the metropolitan park district by the county treasurer as is done for cities.

    Sec. 10.  RCW 35.61.200 and 1983 c 167 s 56 are each amended to read as follows:

    Any coupons for the payment of interest on metropolitan park district bonds shall be considered for all purposes as warrants drawn upon the metropolitan park district fund against which the bonds were issued, and when presented after maturity to the treasurer of the ((county having custody of the fund)) metropolitan park district.  If there are no funds in the treasury to pay the coupons, the ((county)) metropolitan park district treasurer shall endorse ((said)) the coupons as presented for payment, in the same manner as county warrants are endorsed, and thereafter the coupon shall bear interest at the same rate as the bond to which it was attached.  If there are no funds in the treasury to make payment on a bond not having coupons, the interest payment shall continue bearing interest at the bond rate until it is paid, unless otherwise provided in the proceedings authorizing the sale of the bonds.

    Sec. 11.  RCW 35.61.250 and 1985 c 416 s 4 are each amended to read as follows:

(1) The territory adjoining a metropolitan park district with a separately elected board of park commissioners may be annexed to and become a part ((thereof upon)) of the metropolitan park district under a petition and ((an)) election ((held pursuant thereto)) method of annexation.  The petition shall define the territory proposed to be annexed and must be signed by twenty-five registered voters, resident within the territory proposed to be annexed, unless the territory is within the limits of another city when it must be signed by twenty percent of the registered voters residing within the territory proposed to be annexed.  The petition must be addressed to the board of park commissioners requesting that the question be submitted to the legal voters of the territory proposed to be annexed, whether they will be annexed and become a part of the metropolitan park district.

(2) A metropolitan park district with an ex officio board of park commissioners as provided under RCW 35.61.050(2) may not annex territory under the provisions of RCW 35.61.250 through 35.61.280 and shall maintain boundaries identical with those of the city in which it is located, including any territory annexed by the city.

    Sec. 12.  RCW 35.61.290 and 1985 c 416 s 5 are each amended to read as follows:

    (1) Any city within or comprising any metropolitan park district may turn over to the park district any lands, facilities, equipment, or interests in any lands, facilities, or equipment which it may own, or any street, avenue, or public place within the city for ((playground,)) parks ((or parkway)) and recreation purposes, and thereafter its control and management shall vest in the board of metropolitan park commissioners((:  PROVIDED, That)).  However, the police regulations of ((such)) the city, or the county should the premises be outside the city limits, shall apply to all such premises.

(2) At any time that any such metropolitan park district is unable, through lack of sufficient funds, to provide for the continuous operation, maintenance, and improvement of the parks and ((playgrounds)) recreation facilities and other properties or facilities owned by it or under its control, and the legislative body of any city within or comprising such metropolitan park district shall determine that an emergency exists requiring the financial aid of such city to be extended in order to provide for such continuous operation, maintenance, and/or improvement of parks((, playgrounds)) and recreation facilities, other properties, and programs of such park district within its limits, ((such)) the city may grant or loan to ((such)) the metropolitan park district such of its available funds, or such funds which it may lawfully procure and make available, as it shall find necessary to provide for such continuous operation and maintenance and, pursuant thereto, any ((such)) city and the board of park commissioners of ((such)) the metropolitan park district are authorized and empowered to enter into an agreement embodying such terms and conditions of any such grant or loan as may be mutually agreed upon.

(3) The board of metropolitan park commissioners may accept public streets of the city and grounds for public purposes when donated for parks((, playground, boulevard)) and recreation purposes and park purposes.

    (((2))) (4) Counties may turn over to ((the)) a metropolitan park district any park and recreation lands and parks and recreation facilities and equipment or interests in any lands, facilities, or equipment that they own, and the board of metropolitan park commissioners may accept such lands and equipment or interests in any lands, facilities, or equipment.

NEW SECTION. Sec. 13.  A new section is added to chapter 35.61 RCW to read as follows:

    A metropolitan park district governed under RCW 35.61.050(2) may contract with a nonprofit corporation or other public or private organization, including the city whose voters created the district, to manage or carry out any of its operations.  The private or other public organization may manage and supervise employees of the metropolitan park district and may hire, fire, and otherwise discipline those employees.  A civil service established under RCW 35.61.140 may include such management and supervision by persons not employed by the metropolitan park district.

NEW SECTION. Sec. 14.  A new section is added to chapter 35.61 RCW to read as follows:

    (1) Notwithstanding any provisions to the contrary contained in a city charter, and to the extent provided by the city under an appropriate legislative enactment, some or all employees of a metropolitan park district with an ex officio board of park commissioners may be included in the retirement plan of a city that shares territory with the metropolitan park district.  The city and metropolitan park district are each authorized to pay the parts of the expense of operating and maintaining the retirement system and to contribute to the retirement fund on behalf of employees those sums as may be agreed upon between the legislative authorities of the city and the metropolitan park district.

    (2) In a metropolitan park district with an ex officio board of park commissioners, neither the chief executive officer nor officers chiefly responsible for operating a facility or program, as designated by the board of metropolitan park commissioners, shall be members of the civil service that may be established under RCW 35.61.140.

    Sec. 15.  RCW 84.52.010 and 1995 2nd sp.s. c 13 s 4 are each amended to read as follows:

    Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.

    The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.

    When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:

    (1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010.  If, as a result of the levies imposed under RCW 84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows:  (a) The portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; (b) if the combined rate of regular property tax levies subject to the one percent limitation in a county containing a metropolitan park district governed under RCW 35.61.050(2) still exceeds one percent of the true and fair value of any property, then the remaining levy for that metropolitan park district shall be reduced until the combined rate no longer exceeds one percent or shall be eliminated; (c) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and (((c))) (d) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.

    (2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:

    (a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, and 67.38.130 shall be reduced on a pro rata basis or eliminated;

    (b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;

    (c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;

    (d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and

    (e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, library districts, metropolitan park districts under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.

    In determining whether the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as apportioned to the county under RCW 84.48.080, that was computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012.

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