5092-S AMH GOVT H2772.2
SSB 5092 - H COMM AMD ADOPTED 4/6/95
By Committee on Government Operations
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that it is in the interests of the people of the state of Washington to be able to establish library capital facility areas as quasi-municipal corporations and independent taxing units existing within the boundaries of existing rural county library districts, rural intercounty library districts, rural partial-county library districts, or island library districts, for the purpose of financing the construction of capital library facilities.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Library district" means rural county library district, rural intercounty library district, rural partial-county library district, or island library district.
(2) "Library capital facility area" means a quasi-municipal corporation and independent taxing authority within the meaning of Article VII, section 1 of the state Constitution, and a taxing district within the meaning of Article VII, section 2 of the state Constitution, created by a county legislative authority of one or several counties. A library capital facility area may include all or a portion of a city or town.
(3) "Library capital facilities" includes both real and personal property including, but not limited to, land, buildings, site improvements, equipment, furnishings, collections, and all necessary costs related to acquisition, financing, design, construction, equipping, and remodeling.
NEW SECTION. Sec. 3. Upon receipt of a completed written request to both establish a library capital facilities area and submit a ballot proposition under section 6 of this act to finance library capital facilities, that is signed by a majority of the members of the board of trustees of a library district or board of trustees of a city or town library, the county legislative authority or county legislative authorities for the county or counties in which a proposed library capital facility area is to be established shall submit separate ballot propositions to voters to authorize establishing the proposed library capital facilities area and authorizing the library capital facilities area, if established, to finance library capital facilities by issuing general indebtedness and imposing excess levies to retire the indebtedness. The ballot propositions may only be submitted to voters at a general election. Approval of the ballot proposition to create a library capital facilities area shall be by a simple majority vote.
A completed request submitted under this section shall include: (1) A description of the boundaries of the library capital facility area; and (2) a copy of the resolution of the legislative authority of each city or town, and board of trustees of each library district, with territory included within the proposed library capital facilities area indicating both: (a) Its approval of the creation of the proposed library capital facilities area; and (b) agreement on how election costs will be paid for submitting ballot propositions to voters that authorize the library capital facilities area to incur general indebtedness and impose excess levies to retire the general indebtedness.
NEW SECTION. Sec. 4. The governing body of the library capital facility area shall be three members of the county legislative authority from each county in which the library capital facility area is located. In counties that have more than three members of their legislative body, the three members who shall serve on the governing body of the library capital facility area shall be chosen by the full membership of the county legislative authority. Where the library capital facility area is located in more than one county, a county may be represented by less than three members by mutual agreement of the legislative authorities of the participating counties.
NEW SECTION. Sec. 5. A library capital facilities area may construct, acquire, maintain, and remodel library capital facilities and the governing body of the library capital facility area may, by interlocal agreement or otherwise, contract with a county, city, town, or library district to design, administer the construction of, operate, or maintain a library capital facility financed pursuant to this chapter. Legal title to library capital facilities acquired or constructed pursuant to this chapter may be transferred, acquired, or held by the library capital facility area or by a county, city, town, or library district in which the facility is located.
NEW SECTION. Sec. 6. (1) A library capital facility area may contract indebtedness or borrow money to finance library capital facilities and may issue general obligation bonds for such purpose not exceeding an amount, together with any existing indebtedness of the library capital facility area, equal to one and one-quarter percent of the value of the taxable property in the district and impose excess property tax levies to retire the general indebtedness as provided in RCW 39.36.050 if a ballot proposition authorizing both the indebtedness and excess levies is approved by at least three-fifths of the voters of the library capital facility area voting on the proposition, and the total number of voters voting on the proposition constitutes not less than forty percent of the total number of voters in the library capital facility area voting at the last preceding general election. The term "value of the taxable property" has the meaning set forth in RCW 39.36.015. Such a proposition may only be submitted to voters at a general election and may be submitted to voters at the same election as the election when the ballot proposition authorizing the establishing of the library capital facilities district is submitted.
(2) A library capital facility area may accept gifts or grants of money or property of any kind for the same purposes for which it is authorized to borrow money in subsection (1) of this section.
NEW SECTION. Sec. 7. (1) A library capital facility area may be dissolved by a majority vote of the governing body when all obligations under any general obligation bonds issued by the library capital facility area have been discharged and any other contractual obligations of the library capital facility area have either been discharged or assumed by another governmental entity.
(2) A library capital facility area shall be dissolved by the governing body if the first two ballot propositions under section 6 of this act that are submitted to voters are not approved.
NEW SECTION. Sec. 8. A new section is added to chapter 36.32 RCW to read as follows:
A county legislative authority may establish a library capital facility area pursuant to chapter 27.-- RCW (sections 1 through 7 of this act).
NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:
(1) RCW 27.14.010 and 1961 c 162 s 1;
(2) RCW 27.14.015 and 1963 c 80 s 5;
(3) RCW 27.14.020 and 1963 c 80 s 1 & 1961 c 162 s 2;
(4) RCW 27.14.030 and 1963 c 80 s 2 & 1961 c 162 s 3;
(5) RCW 27.14.035 and 1963 c 80 s 3;
(6) RCW 27.14.040 and 1963 c 80 s 4 & 1961 c 162 s 4; and
(7) RCW 27.14.050 and 1961 c 162 s 5.
NEW SECTION. Sec. 10. Sections 1 through 7 of this act shall constitute a new chapter in Title 27 RCW."
SSB 5092 - H COMM AMD
By Committee on Government Operations
On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "adding a new section to chapter 36.32 RCW; adding a new chapter to Title 27 RCW; and repealing RCW 27.14.010, 27.14.015, 27.14.020, 27.14.030, 27.14.035, 27.14.040, and 27.14.050."
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