AN ACT Relating to road
and bridge service districts; amending RCW 36.83.010 and 36.83.020; and adding
new sections to chapter 36.83 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
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."
