AN ACT
Relating to port districts; amending RCW 53.04.020; adding new sections to
chapter 53.04 RCW; and adding a new section to chapter 53.12 RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
53.04.020 and 1990 c 259 s 15 are each amended to read as follows:
At any
general election or at any special election which may be called for that
purpose, the county legislative authority of any county in this state may, or
on petition of ten percent of the registered voters of such county based on the
total vote cast in the last general county election, shall, by resolution
submit to the voters of such county the proposition of creating a port district
((which may: (1) Be)) coextensive with the limits of such county ((as
now or hereafter established; or (2) be under the provisions of RCW
53.04.022)). Such petition shall be filed with the county auditor, who shall
within fifteen days examine the signatures thereof and certify to the
sufficiency or insufficiency thereof, and for such purpose the county auditor
shall have access to all registration books in the possession of the officers
of any incorporated city or town in such proposed port district. If such
petition be found to be insufficient, it shall be returned to the persons
filing the same, who may amend or add names thereto for ten days, when the same
shall be returned to the county auditor, who shall have an additional fifteen
days to examine the same and attach his or her certificate thereto. No person
having signed such petition shall be allowed to withdraw his or her name
therefrom after the filing of the same with the county auditor. Whenever such
petition shall be certified to as sufficient, the county auditor shall
forthwith transmit the same, together with his or her certificate of
sufficiency attached thereto, to the legislative authority of the county, who
shall submit such proposition at the next general election or, if such petition
so requests, the county legislative authority shall, at their first meeting
after the date of such certificate, by resolution, call a special election to
be held in accordance with RCW 29.13.010 and 29.13.020. The notice of election
shall state the boundaries of the proposed port district and the object of such
election. In submitting the question to the voters for their approval or
rejection, the proposition shall be expressed on the ballot substantially in
the following terms:
"Port
of .........., Yes." (giving the name of the principal seaport city within
such proposed port district, or if there be more than one city of the same
class within such district, such name as may be determined by the legislative
authority of the county).
"Port
of .........., No." (giving the name of the principal seaport city within
such port district, or if there be more than one city of the same class within
such district, such name as may be determined by the legislative authority of
the county).
NEW
SECTION. Sec. 2. A new
section is added to chapter 53.04 RCW to read as follows:
A
less than county-wide port district with an assessed valuation of at least
seventy-five million dollars may be created in a county bordering on saltwater
that already has a less than county-wide port district located within its
boundaries. Except as provided in this section, such a port district shall be
created in accordance with the procedure to create a county-wide port district.
The
effort to create such a port district is initiated by the filing of a petition
with the county auditor calling for the creation of such a port district,
describing the boundaries of the proposed port district, and providing a name
for the proposed port district. The petition must be signed by voters residing
within the proposed port district equal in number to at least ten percent of
such voters who voted at the last county general election.
A
public hearing on creation of the proposed port district shall be held by the
county legislative authority if the county auditor certifies that the petition
contained sufficient valid signatures. Notice of the public hearing must be
published in the county's official newspaper at least ten days prior to the
date of the public hearing. After taking testimony, the county legislative
authority may make changes in the boundaries of the proposed port district if
it finds that such changes are in the public interest and shall determine if
the creation of the port district is in the public interest. No area may be
added to the boundaries unless a subsequent public hearing is held on the
proposed port district.
The
county legislative authority shall submit a ballot proposition authorizing the
creation of the proposed port district to the voters of the proposed port
district, at any special election date provided in RCW 29.13.020, if it finds
the creation of the port district to be in the public interest.
The
port district shall be created if a majority of the voters voting on the ballot
proposition favor the creation of the port district. The initial port
commissioners shall be elected at the same election as provided in RCW
53.12.050, but the election of commissioners shall be null and void if the port
district is not created. Commissioner districts shall not be used in the
initial election of the port commissioners.
This
section shall expire July 1, 1997.
NEW
SECTION. Sec. 3. A new
section is added to chapter 53.04 RCW to read as follows:
A
port district that is less than county-wide may annex adjacently located
territory that is located in another less than county-wide port district in the
same county, if the territory proposed to be annexed is located in a city the
name of which is included as part of the name of the annexing port district. A
port district proposing to annex territory under this section shall by
resolution cause a ballot proposition on the issue of annexation to be
submitted to the voters of the area proposed to be annexed. The annexation is
authorized when the ballot proposition is approved of by over fifty percent of
the ballots cast. The territory that is annexed shall be removed from the
other port district.
This
section shall expire January 1, 1995.
NEW
SECTION. Sec. 4. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW
SECTION. Sec. 5. A new
section is added to chapter 53.12 RCW to read as follows:
For
purposes of this chapter, "gross operating revenue" means the total
of all revenues received by a port district.
