H-4339.1          _______________________________________________

                                  HOUSE BILL 2927

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Representative G. Cole

Read first time 01/31/92.  Referred to Committee on Local Government.Affecting metropolitan park districts.

     AN ACT Relating to metropolitan park districts; and amending RCW 35.61.010, 35.61.020, and 35.61.030.

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

     Sec. 1.  RCW 35.61.010 and 1985 c 416 s 1 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 may be created for the management, control, improvement, maintenance, and acquisition of parks, parkways, and boulevards((:  PROVIDED, That)) in a city with a population of at least five thousand or in an unincorporated area with a population of at least five thousand.

No municipal corporation of the fourth class shall be included within such metropolitan park district, and any such fourth class municipal corporation heretofore included within such district is hereby automatically withdrawn.

Except for the prohibition on including territory that is located in a fourth class municipal corporation, any territory that has been annexed to a metropolitan park district shall remain in the metropolitan park district unless withdrawn as provided in this chapter.  Any metropolitan park district may annex territory as provided in this chapter.  In addition, any territory that is not located within another metropolitan park district that is annexed to a city in which a metropolitan park district is located shall be annexed to the metropolitan park district automatically upon annexation to the city.

     Sec. 2.  RCW 35.61.020 and 1965 c 7 s 35.61.020 are each amended to read as follows:

A ballot proposition authorizing the creation of a metropolitan park district shall be submitted to the voters of the area proposed to be included in the proposed metropolitan park district 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)), if the metropolitan park district is proposed by resolution of the city council or commission ((may, or on)) in which the district is proposed to be located, by petition of fifteen percent of the ((qualified electors of 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 coextensive with the limits of the city as now or hereafter established, inclusive of territory annexed to and forming a part of the city.

     Territory by virtue of its annexation to any city having heretofore created a park district shall be deemed to be within the limits of 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)) voters of the city in which the district is proposed to be located, or by petition of fifteen percent of the voters residing in the unincorporated area within which the district is proposed to be located.

The petition shall be submitted to the city council or commission if the proposed metropolitan park district is proposed to be created in the city and the city council or commission shall cause the ballot proposition authorizing the metropolitan park district to be submitted to the voters of the city.

The petition shall be submitted to the county legislative authority in which all or the greatest geographic portion of the proposed metropolitan park district is located if the district is proposed to be created in unincorporated territory.  The county legislative authority shall hold a public hearing on the creation of a proposed metropolitan park district in unincorporated territory.  After the public hearing, the county legislative authority may adjust the boundaries of the proposed metropolitan park district, if it finds that the boundary adjustment is in the public interest, and shall submit a ballot proposition authorizing the creation of the metropolitan park district to the voters residing in either the unincorporated area as proposed in the petition or as it has been adjusted.

     Sec. 3.  RCW 35.61.030 and 1985 c 469 s 32 are each amended to read as follows:

     ((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 ballot proposition ((which)) that is submitted to the voters of the proposed metropolitan park district shall be expressed in substantially the following terms:

     ( ) "For the formation of a metropolitan park district."

     ( ) "Against the formation of a metropolitan park district."

The metropolitan park district shall be created if the ballot proposition is approved by a simple majority vote of the voters of the proposed district voting on the proposition.