2365 AAS 3/1/96 S5613.1

 

 

 

HB 2365 - S COMM AMD

By Committee on Government Operations

 

                                                    ADOPTED 3/1/96

 

    Strike everything after the enacting clause and insert the following:

 

    "Sec. 1.  RCW 36.83.010 and 1985 c 400 s 2 are each amended to read as follows:

    The legislative authority of a county may establish one or more service districts within the county for the purpose of providing and funding capital and maintenance costs for any bridge or road improvement or for providing and funding capital costs for any state highway improvement a county or a road district has the authority to provide.  A service district may not include any area within the corporate limits of a city or town unless the city or town governing body adopts a resolution approving inclusion of the area within its limits.  A service district is a quasi municipal corporation, an 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.

    A service district shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, to acquire, hold, and dispose of real and personal property, and to sue and be sued.  All projects constructed by a service district pursuant to the provisions of this chapter shall be competitively bid and contracted.

    A board of three commissioners appointed by the county legislative authority or county executive pursuant to this chapter shall be the governing body of a service district.  The county treasurer shall act as the ex officio treasurer of the service district.  The electors of a service district are all registered voters residing within the district.

 

    Sec. 2.  RCW 36.83.020 and 1983 c 130 s 2 are each amended to read as follows:

    (1) A county legislative authority proposing to establish a service district((, or to modify the boundaries of an existing service district, or to dissolve an existing service district,)) shall conduct a hearing at the time and place specified in a notice published at least once, not less than ten days prior to the hearing, in a newspaper of general circulation within the proposed service district.  This notice shall be in addition to any other notice required by law to be published.  The notice shall((, where applicable,)) specify the functions or activities proposed to be provided or funded((, or the additional functions or activities proposed to be provided or funded,)) by the service district.  Additional notice of the hearing may be given by mail, posting within the proposed service district, or in any manner the county legislative authority deems necessary to notify affected persons.  All hearings shall be public and the county legislative authority shall hear objections from any person affected by the formation, modification of the boundaries, or dissolution of the service district.

    (2) Following the hearing held pursuant to subsection (1) of this section, the county legislative authority may establish a service district((, modify the boundaries or functions of an existing service district, or dissolve an existing service district,)) if the county legislative authority finds the action to be in the public interest and adopts an ordinance or resolution providing for the ((action)) establishment of the service district.  The ((ordinance)) legislation establishing a service district shall specify the functions or activities to be exercised or funded and establish the  boundaries of the service district.  Functions or activities proposed to be provided or funded by the service district may not be expanded beyond those specified in the notice of hearing, ((unless additional notices are made, further hearings on the expansion are held, and further determinations are made that it is in the public interest to so expand the functions or activities proposed to be provided or funded)) except as provided in subsection (4) of this section.

    (3) At any time prior to the county legislative authority establishing a service district pursuant to this section, all further proceedings shall be terminated upon the filing of a verified declaration of termination signed by ((the owners of real property consisting of at least sixty percent of the assessed valuation in)) a majority of the registered voters of the proposed service district.

    (4) With the approval of the county legislative authority, the governing body of a service district may modify the boundaries of, expand or otherwise modify the functions of, or dissolve the service district after providing notice and  conducting a public hearing or hearings in the manner provided in subsection (1) of this section.  The governing body must make a determination that the proposed action is in the public interest and adopt a resolution providing for the action.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 36.83 RCW to read as follows:

    If the county legislative authority establishes a road and bridge service district, it shall promptly appoint three persons who are residents of the territory included in that service district to serve as the commissioners of the service district.  For counties having an elected executive, the executive shall appoint those commissioners subject to confirmation by the legislative authority of the county.  The commissioners first appointed shall be designated to serve for terms of one, two, and three years, respectively, from the date of their appointment.  Thereafter, service district commissioners shall be appointed for a term of office of five years.  Vacancies must be filled for any unexpired term in the same manner as the original appointment.  No member of the legislative authority of the county in which a service district is created may be a commissioner of that service district, except that, if the boundaries of the service district are included within or coterminous with the boundaries of a county commissioner or council district, the county commissioner or councilmember elected from that commissioner or council district may be appointed to serve as a commissioner of the service district.  A commissioner shall hold office until his or her successor has been appointed and qualified, unless sooner removed from office for cause in accordance with this chapter or removed by referendum in accordance with section 4 of this act.  A certificate of the appointment or reappointment of any commissioner must be filed with the county auditor, and such certificate is conclusive evidence of the due and proper appointment of the commissioner.  The commissioners of the service district shall receive no compensation for their services, in any capacity, but are entitled to reimbursement for reasonable and necessary expenses, including travel expenses, incurred in the discharge of their duties.

    The powers of each service district are vested in the commissioners of the service district.  Two commissioners constitute a quorum of the service district for the purpose of conducting its business and exercising its powers and for all other purposes.  The commissioners of the service district shall organize itself and select its chair, vice-chair, and secretary, who shall serve one-year terms but may be selected for additional terms.  When the office of any officer becomes vacant, the commissioners of the service district shall select a new officer from among the commissioners for the balance of the term of office.

 

    NEW SECTION.  Sec. 4.  A new section is added to chapter 36.83 RCW to read as follows:

    Any registered voter residing within the boundaries of the road and bridge service district may file a referendum petition to call an election to retain any or all commissioners.  Any referendum petition to call such election shall be filed with the county auditor no later than one year before the end of a commissioner's term.  Within ten days of the filing of a petition, the county auditor shall confer with the petitioner concerning form and style of the petition, issue an identification number for the petition, and write a ballot title for the measure.  The ballot title shall be posed as a question:  "Shall (name of commissioner) be retained as a road and bridge service district commissioner?" and the question shall be posed separately for each commissioner.  The petitioner shall be notified of the identification number and ballot title within this ten-day period.

    After this notification, the petitioner shall have thirty days in which to secure on petition forms the signatures of not less than twenty-five percent of the registered voters residing within the boundaries of the service district and file the signed petitions with the county auditor.  Each petition form shall contain the ballot title.  The county auditor shall verify the sufficiency of the signatures on the petitions.  If sufficient valid signatures are properly submitted, the county auditor shall submit the referendum measure to the registered voters residing in the service district in a special election no later than one hundred twenty days after the signed petition has been filed with the county auditor.  The special election may be conducted by mail ballot as provided for in chapter 29.36 RCW.

    The office of any commissioner for whom there is not a majority vote to retain shall be declared vacant.

 

    NEW SECTION.  Sec. 5.  A new section is added to chapter 36.83 RCW to read as follows:

    For neglect of duty or misconduct in office, a commissioner of a service district may be removed by the county legislative authority after conducting a hearing.  The commissioner must be given a copy of the charges at least ten days prior to the hearing and must have an opportunity to be heard in person or by counsel.  If a commissioner is removed, a record of the proceedings, together with the charges and findings, must be filed in the office of the county auditor.

 

    NEW SECTION.  Sec. 6.  A new section is added to chapter 36.83 RCW to read as follows:

    Any road or bridge improvements financed in whole by funds of a service district, including but not limited to proceeds of bonds issued by a service district, shall be owned by that service district.  Improvements financed jointly by a service district and the county or city within which the improvements are located may be owned jointly by the service district and that county or city pursuant to an interlocal agreement.

 

    NEW SECTION.  Sec. 7.  A new section is added to chapter 36.83 RCW to read as follows:

    If a service district is formed, there shall be created in the office of the county treasurer, as ex officio treasurer of the service district, a local service district fund with such accounts as the treasurer may find convenient or as the state auditor or the governing body of the service district may direct, into which shall be deposited all revenues received by or on behalf of the service district from tax levies, gifts, donations and any other source.  The fund shall be designated "(name of county) (road/bridge) service district No. . . .  fund.""

 

 

 

HB 2365 - S COMM AMD

By Committee on Government Operations

 

                                                    ADOPTED 3/1/96

 

    On page 1, line 1 of the title, after "districts;" strike the remainder of the title and insert "amending RCW 36.83.010 and 36.83.020; and adding new sections to chapter 36.83 RCW."

 


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