S-3679.2  _______________________________________________

 

                         SENATE BILL 6136

          _______________________________________________

 

State of Washington      54th Legislature     1996 Regular Session

 

By Senator Fairley

 

Read first time 01/08/96.  Referred to Committee on Government Operations.

 

Requiring elections on matters concerning public moneys to be held at general elections.



    AN ACT Relating to requiring elections on matters concerning public moneys to be held at general elections; amending RCW 14.08.290, 17.28.090, 17.28.252, 17.28.300, 17.28.380, 27.12.030, 27.12.040, 27.12.100, 27.12.120, 27.12.320, 27.12.370, 27.12.395, 27.12.400, 29.13.010, 29.13.020, 29.79.020, 35.02.078, 35.10.410, 35.10.420, 35.13.060, 35.16.010, 35.17.220, 35.17.260, 35.17.300, 35.17.380, 35.17.440, 35.18.250, 35.18.270, 35.18.310, 35.18.320, 35.21.706, 35.22.280, 35.58.080, 35.58.100, 35.58.114, 35.58.116, 35.58.430, 35.58.540, 35.59.060, 35.61.020, 35.61.090, 35.61.110, 35.61.210, 35.61.360, 35.62.041, 35.67.331, 35.92.070, 35.94.020, 35A.02.025, 35A.02.060, 35A.02.070, 35A.06.050, 35A.09.060, 35A.09.070, 35A.10.030, 35A.14.050, 35A.14.299, 35A.16.010, 36.08.010, 36.33.020, 36.68.470, 36.68.480, 36.68.520, 36.68.525, 36.69.065, 36.69.140, 36.69.145, 36.100.010, 36.105.040, 39.36.050, 42.17.390, 52.04.011, 52.04.056, 52.04.071, 52.06.030, 52.16.130, 52.18.050, 53.04.020, 53.04.023, 53.04.080, 53.36.030, 53.36.100, 53.46.010, 53.46.020, 54.04.060, 54.08.060, 56.02.050, 56.04.050, 56.24.080, 56.24.200, 56.32.040, 56.32.100, 56.36.030, 57.04.050, 57.08.012, 57.08.030, 57.16.020, 57.24.020, 57.24.190, 57.28.090, 57.32.022, 57.36.030, 57.40.120, 67.38.110, 67.38.130, 68.52.150, 68.52.250, 68.54.010, 68.54.050, 70.44.020, 70.44.060, 70.44.220, 70.44.235, 70.44.350, 70.44.380, 70.94.091, 80.52.050, 82.14.036, 82.46.021, 82.46.070, 82.47.020, 82.80.010, 82.80.090, 84.09.030, 84.52.052, 84.52.069, 84.55.050, 85.20.030, 85.22.030, 85.38.010, 85.38.060, 85.38.100, 85.38.110, 88.32.230, and 90.72.040; and reenacting and amending RCW 27.12.355 and 82.46.035.

 

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

 

    Sec. 1.  RCW 14.08.290 and 1973 1st ex.s. c 195 s 1 are each amended to read as follows:

    The establishment of county airport districts is hereby authorized.  Written application for the formation of such a district signed by at least one hundred registered voters, who reside and own real estate in the proposed districts, shall be filed with the board of county commissioners.  The board shall immediately transmit the application to the proper registrar of voters for the proposed district who shall check the names, residence and registration of the signers with the records of ((his)) the registrar's office and shall, as soon as possible, certify to ((said)) the board the number of qualified signers.  If the requisite number of signers is so certified, the board shall thereupon place the proposition:  "Shall a county airport district be established in the following area:  (describing the proposed district)?," upon the ballot for vote of the people of the proposed district at the next general election((, general or special)).  If a majority of the voters on such proposition shall vote in favor of the proposition, the board, shall, by resolution, declare the district established.  If the requisite number of qualified persons have not signed the application, further signatures may be added and certified until the requisite number have signed and the above procedure shall be thereafter followed.

    The area of such district may be the area of the county including incorporated cities and towns, or such portion or portions thereof as the board may determine to be the most feasible for establishing an airport.  When established, an airport district shall be a municipality as defined in this chapter and entitled to all the powers conferred by this chapter and exercised by municipal corporations in this state.  The airport district is hereby empowered to levy not more than  seventy-five cents per thousand dollars of assessed value of the property lying within the ((said)) airport district((:  PROVIDED, HOWEVER, Such)).  However, levy shall not be made unless first approved at ((any)) a general election ((called for the purpose of voting on such levy)).

 

    Sec. 2.  RCW 17.28.090 and 1957 c 153 s 9 are each amended to read as follows:

    If, from the testimony given before the county commissioners, it appears to that board that the public necessity or welfare requires the formation of the district, it shall, by an order entered on its minutes, declare that to be its finding, and shall further declare and order that the territory within the boundaries so fixed and determined be organized as a district, under an appropriate name to be selected by the county commissioners, subject to approval of the voters of the district as ((hereinafter)) provided in this section.  The name shall contain the words "mosquito control district."

    At the time of the declaration establishing and naming the district, the county commissioners shall by resolution call ((a special)) an election to be held ((not less than thirty days and not more than sixty days from the date thereof)) at the next general election, and shall cause to be published a notice of such election at least once a week for three consecutive weeks in a newspaper of general circulation in the county, setting forth the hours during which the polls will be open, the boundaries of the proposed district as finally adopted, and the object of the election.  If any portion of the proposed district lies in another county, a notice of such election shall likewise be published in that county.

    The election on the formation of the mosquito control district shall be conducted by the auditor of the county in which the greater area of the proposed district is located in accordance with the general election laws of the state and the results thereof shall be canvassed by that county's canvassing board.  For the purpose of conducting an election under this section, the auditor of the county in which the greater area of the proposed district is located may appoint the auditor of any county or the city clerk of any city lying wholly or partially within the proposed district as ((his)) the county auditor's deputies.  No person shall be entitled to vote at such election unless ((he)) the person is a qualified voter under the laws of the state in effect at the time of such election and has resided within the mosquito control district for at least thirty days preceding the date of the election.  The ballot proposition shall be in substantially the following form:

 

    "Shall a mosquito control district be established for the area described in a resolution of the board of commissioners of . . . . . . county adopted on the . . . . day of . . . . . ., 19. . .?

 

    YES  ................................................. G

    NO.... ............................................... G"

 

    If a majority of the persons voting on the proposition shall vote in favor thereof, the mosquito control district shall thereupon be established and the county commissioners of the county in which the greater area of the district is situated shall immediately file for record in the office of the county auditor of each county in which any portion of the land embraced in the district is situated, and shall also forward to the county commissioners of each of the other counties, if any, in which any portion of the district is situated, and also shall file with the secretary of state, a certified copy of the order of the county commissioners.  From and after the date of the filing of the certified copy with the secretary of state, the district named therein is organized as a district, with all the rights, privileges, and powers set forth in this chapter, or necessarily incident thereto.

    If a majority of the persons voting on the proposition shall vote in favor thereof, all expenses of the election shall be paid by the mosquito control district when organized.  If the proposition fails to receive a majority of votes in favor, the expenses of the election shall be borne by the respective counties in which the district is located in proportion to the number of votes cast in ((said)) the counties.

 

    Sec. 3.  RCW 17.28.252 and 1973 1st ex.s. c 195 s 3 are each amended to read as follows:

    A mosquito control district shall have the power to levy additional taxes in excess of the constitutional and/or statutory limitations for any of the authorized purposes of such district, not in excess of fifty cents per thousand dollars of assessed value per year when authorized so to do by the electors of such district at a general election by a three-fifths majority of those voting on the proposition in the manner set forth in Article VII, section 2(a) of the state Constitution ((of this state, as amended by Amendment 59 and as thereafter amended)) at such time as may be fixed by the board of trustees for the district, which ((special)) election may be called by the board of trustees of the district, at which ((special)) election the proposition of authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "Yes" and those opposing thereto to vote "No".  ((Nothing herein shall be construed to prevent holding the foregoing special election at the same time as that fixed for a general election.))

 

    Sec. 4.  RCW 17.28.300 and 1957 c 153 s 30 are each amended to read as follows:

    All expenses of ((any special)) an election conducted ((pursuant to the provisions of)) under this chapter shall be paid by the mosquito control district.

 

    Sec. 5.  RCW 17.28.380 and 1957 c 153 s 38 are each amended to read as follows:

    When the concurrent resolution for consolidation has been adopted, each board of the districts proposed for consolidation shall forthwith call ((a special)) an election in its district in which shall be presented to the electors of the districts the question whether the consolidation shall be effected.

    The election shall be conducted at a general election and the returns canvassed and declared insofar as is practicable in accordance with the requirements of this chapter for the formation of a district.

    The board of each district shall declare the returns of the election in its district, and shall certify the results to the county commissioners of the county in which all the districts, or the major portion of the land of all the districts, are situated.

 

    Sec. 6.  RCW 27.12.030 and 1965 c 122 s 2 are each amended to read as follows:

    A library may be established in any county, city, or town either (1) by its legislative body of its own initiative; or (2) upon the petition of one hundred taxpayers of such a governmental unit, the legislative body shall submit to a vote of the qualified electors thereof, at the next ((municipal or special)) general election ((held therein (in the case of a city or town) or the next general election or special election held therein (in the case of a county))), the question whether a library shall be established; and if a majority of the electors voting on the question vote in favor of the establishment of a library, the legislative body shall forthwith establish one.

 

    Sec. 7.  RCW 27.12.040 and 1990 c 259 s 1 are each amended to read as follows:

    The procedure for the establishment of a rural county library district shall be as follows:

    (1) Petitions signed by at least ten percent of the registered voters of the county who voted in the last general election, outside of the area of incorporated cities and towns, asking that the question, "Shall a rural county library district be established?" be submitted to a vote of the people, shall be filed with the county legislative authority.

    (2) The county legislative authority, after having determined that the petitions were signed by the requisite number of registered voters, shall place the proposition for the establishment of a rural county library district on the ballot for the vote of the people of the county, outside incorporated cities and towns, at the next succeeding general ((or special)) election.

    (3) If a majority of those voting on the proposition vote in favor of the establishment of the rural county library district, the county legislative authority shall forthwith declare it established.

 

    Sec. 8.  RCW 27.12.100 and 1965 c 63 s 1 are each amended to read as follows:

    An intercounty rural library district shall be established by joint action of two or more counties proceeding by either of the following alternative methods:

    (1) The boards of county commissioners of any two or more counties shall adopt identical resolutions proposing the formation of such a district to include all of the areas outside of incorporated cities or towns in such counties as may be designated in such resolutions.  In lieu of such resolutions a petition of like purport signed by ten percent of the registered voters residing outside of incorporated cities or towns of a county, may be filed with the county auditor thereof, and shall have the same effect as a resolution.  The proposition for the formation of the district as stated on the petition shall be prepared by the attorney general upon request of the state library commission.  Action to initiate the formation of such a district shall become ineffective in any county if corresponding action is not completed within one year thereafter by each other county included in such proposal.  The county auditor in each county shall check the validity of the signatures on the petition and shall certify to the board of county commissioners the sufficiency of the signatures.  If each petition contains the signatures of ten percent of the registered voters residing outside the incorporated cities and towns of the county, each board of county commissioners shall pass a resolution calling an election for the purpose of submitting the question to the voters and setting the date of ((said)) the election.  When such action has been taken in each of the counties involved, notification shall be made by each board of county commissioners to the board of county commissioners of the county having the largest population according to the last federal census, who shall give proper notification to each county auditor.  At the next general ((or special)) election held in the respective counties there shall be submitted to the voters in the areas outside of incorporated cities and towns a question as to whether an intercounty rural library district shall be established as outlined in the resolutions or petitions.  Notice of ((said)) the election shall be given the county auditor ((pursuant to)) under RCW 29.27.080.  The county auditor shall provide for the printing of a separate ballot and shall provide for the distribution of ballots to the polling places ((pursuant to)) under RCW 29.04.020.  The county auditor shall instruct the election boards in split precincts.  The respective county canvassing boards in each county to be included within the intercounty rural library district shall canvass the votes and certify the results to the county auditor ((pursuant to)) under chapter 29.62 RCW; the result shall then be certified by each county auditor to the county auditor of the county having the largest population according to the last federal census.  If a majority of the electors voting on the proposition in each of the counties affected shall vote in favor of such district it shall thereby become established, and the board of county commissioners of the county having the largest population according to the last federal census shall declare the intercounty rural library district established.  If two or more of the counties affected are in an existing intercounty rural library district, then the electors in areas outside incorporated cities and towns in those counties shall vote as a unit and the electors in areas outside incorporated cities and towns in each of the other affected counties shall vote as separate units.  If a majority of the electors voting on the proposition in the existing district and a majority of the voters in any of the other affected counties shall vote in favor of an expanded intercounty rural library district it shall thereby become established.

    (2) The county commissioners of two or more counties meeting in joint session attended by a majority of the county commissioners of each county may, by majority vote of those present, order the establishment of an intercounty rural library district to include all of the area outside of incorporated cities and towns in as many of the counties represented at such joint meeting as shall be determined by resolution of such joint meeting.  If two or more counties are in an existing intercounty rural library district, then a majority vote of all of the commissioners present from those counties voting as a unit, and a majority vote of the commissioners present from any other county shall cause the joint session to order the establishment of an expanded intercounty rural library district.  No county, however, shall be included in such district if a majority of its county commissioners vote against its inclusion in such district.

 

    Sec. 9.  RCW 27.12.120 and 1961 c 82 s 2 are each amended to read as follows:

    All property, assets and liabilities of preexisting library districts within the area included in an intercounty rural library district shall pass to and be assumed by an intercounty rural library district((:  PROVIDED, That)).  However, where within any intercounty rural library district ((heretofore or hereafter)) organized under ((the provisions of)) this chapter a preexisting library district had incurred a bonded indebtedness which was outstanding at the time of the formation of the intercounty rural library district, such preexisting library district shall retain its corporate existence insofar as is necessary for the purpose until the bonded indebtedness outstanding against it on and after the effective date of ((said)) the formation has been paid in full((:  PROVIDED FURTHER, That a special)).  Additionally, an election may be called by the board of trustees of the intercounty rural library district, to be held at the next general ((or special)) election held in the respective counties for the purpose of affording the voters residing within the area outside of the preexisting library district an opportunity to assume the obligation of the bonded indebtedness of the preexisting library district or the question may be submitted to the voters as a separate proposition at the election on the proposal for the formation of the intercounty rural library district.

 

    Sec. 10.  RCW 27.12.320 and 1982 c 123 s 12 are each amended to read as follows:

    A library established or maintained under this chapter (except a regional or a rural county library district library, an intercounty rural library district library, or an island library district library) may be abolished only in pursuance of a vote of the electors of the governmental unit in which the library is located, taken in the manner prescribed in RCW 27.12.030 for a vote upon the establishment of a library.  If a library of a city or town be abolished, the books and other printed or written matter belonging to it shall go to the library of the county whereof the municipality is a part, if there be a county library, but if not, then to the state library.  If a library of a county or region be abolished, the books and other printed matter belonging to it shall go to the state library.  All other library property shall be disposed of as the legislative body of the governmental unit shall direct.

    After a rural county library district, an island library district, or an intercounty rural library district has been in operation for three or more years, it may be dissolved ((pursuant to)) under a majority vote of all of the qualified electors residing outside of incorporated cities and towns voting upon a proposition for its dissolution, at a general election, which proposition may be placed upon the ballot at any such election whenever a petition by ten percent or more qualified voters residing outside of incorporated cities or towns within a rural county library district, an island library district, or an intercounty rural library district requesting such dissolution shall be filed with the board of trustees of such district not less than ninety days ((prior to)) before the holding of any such election.  An island library district may also be dissolved ((pursuant to)) under RCW 27.12.450.

    If a rural county library district is dissolved, the books and other printed matter belonging to it shall go to the state library.  All other library property shall be disposed of as the legislative body of the governmental unit shall direct.  When an intercounty rural library district is dissolved, the books, funds and other property thereof shall be divided among the participating counties in the most equitable manner possible as determined by the state librarian, who shall give consideration to such items as the original source of property, the amount of funds raised from each county by the district, and the ability of the counties to make further use of such property or equipment for library purposes.  Printed material which the state librarian finds will not be used by any of the participating counties for further library purposes shall be turned over to the state library.

    When an island library district is dissolved ((pursuant to)) under this section, the books and other printed matter belonging to it shall go to the state library.  All other library property shall be disposed of as the legislative body of the governmental unit shall direct.  When an island library district is dissolved due to the establishment of a county library district, ((pursuant to)) under RCW 27.12.450, all property, assets, and liabilities of the preexisting island library district within the area included in the county rural library district shall pass to and be assumed by the county rural library district:  PROVIDED, That where within any county rural library district ((heretofore or hereafter)) organized under ((the provisions of)) this chapter a preexisting island library district has incurred a bonded indebtedness which was outstanding at the time of the formation of the county rural library district, the preexisting island library district shall retain its corporate existence insofar as is necessary for the purpose until the bonded indebtedness outstanding against it on and after the effective date of the formation has been paid in full:  PROVIDED FURTHER, That ((a special)) an election may be called by the board of trustees of the county rural library district, to be held at the next general ((or special)) election held in the respective counties, for the purpose of affording the voters residing within the area outside of the preexisting island library district an opportunity to assume the obligation of the bonded indebtedness of the preexisting island library district or the question may be submitted to the voters as a separate proposition at the election on the proposal for the formation of the county rural library district.

 

    Sec. 11.  RCW 27.12.355 and 1987 c 138 s 1 are each reenacted and amended to read as follows:

    (1) As provided in this section, a rural county library district, island library district, or intercounty rural library district may withdraw areas from its boundaries, or reannex areas into the library district that previously had been withdrawn from the library district under this section.

    (2) The withdrawal of an area shall be authorized upon:  (a) Adoption of a resolution by the board of trustees requesting the withdrawal and finding that, in the opinion of the board, inclusion of this area within the library district will result in a reduction of the district's tax levy rate under ((the provisions of)) RCW 84.52.010; and (b) adoption of a resolution by the city or town council approving the withdrawal, if the area is located within the city or town, or adoption of a resolution by the county legislative authority of the county within which the area is located approving the withdrawal, if the area is located outside of a city or town.  A withdrawal shall be effective at the end of the day on the thirty-first day of December in the year in which the resolutions are adopted, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution.

    The authority of an area to be withdrawn from a library district as provided under this section is in addition, and not subject, to ((the provisions of)) RCW 27.12.380.

    The withdrawal of an area from the boundaries of a library district shall not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of the library district existing at the time of the withdrawal.

    (3) An area that has been withdrawn from the boundaries of a library district under this section may be reannexed into the library district upon:  (a) Adoption of a resolution by the board of trustees proposing the reannexation; and (b) adoption of a resolution by the city or town council approving the reannexation, if the area is located within the city or town, or adoption of a resolution by the county legislative authority of the county within which the area is located approving the reannexation, if the area is located outside of a city or town.  The reannexation shall be effective at the end of the day on the thirty-first day of December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution.  Referendum action on the proposed reannexation may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the city or town council, or county legislative authority, within a thirty-day period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed to be reannexed equal in number to ten percent of the total number of the registered voters residing in that area.

    If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions shall be held in abeyance and a ballot proposition to authorize the reannexation shall be submitted to the voters of the area at the next ((special)) general election date specified in RCW 29.13.020 that occurs forty-five or more days after the petitions have been validated.  Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation.

 

    Sec. 12.  RCW 27.12.370 and 1982 c 123 s 14 are each amended to read as follows:

    The county legislative authority or authorities shall by resolution call ((a special)) an election to be held in such city or town at the next ((date provided in RCW 29.13.010)) general election but not less than forty-five days from the date of the declaration of such finding, and shall cause notice of such election to be given as provided for in RCW 29.27.080.

    The election on the annexation of the city or town into the library district shall be conducted by the auditor of the county or counties in which the city or town is located in accordance with the general election laws of the state and the results thereof shall be canvassed by the canvassing board of the county or counties.  No person shall be entitled to vote at such election unless he or she is registered to vote in ((said)) the city or town for at least thirty days preceding the date of the election.  The ballot proposition shall be in substantially the following form:

 

    "Shall the city or town of . . . . . . be annexed to and be a part of . . . . . . library district?

 

    YES  ................................................ G

    NO.................................................. G"

 

    If a majority of the persons voting on the proposition shall vote in favor thereof, the city or town shall thereupon be annexed and shall be a part of such library district.

 

    Sec. 13.  RCW 27.12.395 and 1985 c 392 s 1 are each amended to read as follows:

    (1) All liabilities of a city or town that is annexed to a rural county library district or intercounty rural library district, which liabilities were incurred for the purpose of or in the course of acquiring, operating, or maintaining a library or libraries, may, if provided for in the ordinance providing for annexation and in the resolution of the district consenting to annexation, pass to and be assumed by the rural county library district or intercounty rural library district.  Notwithstanding the foregoing, if the city or town has incurred any voted bonded indebtedness for the purpose of acquiring, operating, or maintaining a library or libraries, and if the indebtedness is outstanding at the time of the annexation, the voted bonded indebtedness shall not be assumed by the annexing district.

    (2) Notwithstanding subsection (1) of this section, if the annexed city or town has outstanding at the time of the annexation any voted bonded indebtedness incurred for the purpose of acquiring, operating, or maintaining a library or libraries, ((a special)) an election may be called by the board of trustees of the rural county library district or intercounty rural library district, to be held at the next general ((or special)) election held in the applicable county or counties, for the purpose of affording the voters residing within the area of the district outside the annexed city or town an opportunity to assume the voted bonded indebtedness of the annexed city or town upon the assent of three-fifths of the voters.

 

    Sec. 14.  RCW 27.12.400 and 1982 c 123 s 2 are each amended to read as follows:

    The procedure for the establishment of an island library district shall be as follows:

    (1) Petitions signed by at least ten percent of the registered voters of the island, outside of the area of incorporated cities and towns, asking that the question, "Shall an island library district be established?" be submitted to a vote of the people of the island, shall be filed with the board of county commissioners.

    (2) The board of county commissioners, after having determined that the petitions were signed by the requisite number of qualified petitioners, shall place the proposition for the establishment of an island library district on the ballot for the vote of the people of the island, outside incorporated cities and towns, at the next succeeding general ((or special)) election.

    (3) If a majority of those voting on the proposition vote in favor of the establishment of the island library district, the board of county commissioners shall forthwith declare it established.

 

    Sec. 15.  RCW 29.13.010 and 1994 c 142 s 1 are each amended to read as follows:

    (1) All state, county, city, town, and district general elections for the election of federal, state, legislative, judicial, county, city, town, district, and precinct officers, and for the submission to the voters of the state, county, city, town, or district of any measure for their adoption and approval or rejection, shall be held on the first Tuesday after the first Monday of November, in the year in which they may be called.  A state-wide general election shall be held on the first Tuesday after the first Monday of November of each year:  PROVIDED, That the state-wide general election held in odd-numbered years shall be limited to:  (a) City, town, and district general elections as provided for in RCW 29.13.020, or as otherwise provided by law; (b) the election of federal officers for the remainder of any unexpired terms in the membership of either branch of the congress of the United States; (c) the election of state and county officers for the remainder of any unexpired terms of offices created by or whose duties are described in Article II, section 15, Article III, sections 16, 17, 19, 20, 21, 22, and 23, and Article IV, sections 3 and 5 of the state Constitution and RCW 2.06.080; (d) the election of county officers in any county governed by a charter containing provisions calling for general county elections at this time; and (e) the approval or rejection of state measures, including proposed constitutional amendments, matters pertaining to any proposed constitutional convention, initiative measures and referendum measures proposed by the electorate, referendum bills, and any other matter provided by the legislature for submission to the electorate.

    (2) A county legislative authority may, if it deems an emergency to exist, call a special county election by presenting a resolution to the county auditor at least forty-five days ((prior to)) before the proposed election date.  With the exception of elections called by public school districts, irrigation districts or reclamation districts, a special election may not be held on any matter that:  Directly imposes or increases a tax, levy, assessment, charge, or fee; or has the result of including the voters in a new governmental jurisdiction that has the authority, with or without an additional vote, to impose a tax, levy, assessment, charge, or fee.  Except as provided in subsection (((4))) (3) of this section, a special election called by the county legislative authority shall be held on one of the following dates as decided by such governing body:

    (a) The first Tuesday after the first Monday in February;

    (b) The second Tuesday in March;

    (c) The fourth Tuesday in April;

    (d) The third Tuesday in May;

    (e) The day of the primary as specified by RCW 29.13.070; or

    (f) The first Tuesday after the first Monday in November.

    (3) In addition to the dates set forth in subsection (2) (a) through (f) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire, flood, earthquake, or other act of God.  Such county special election shall be noticed and conducted in the manner provided by law.

    (4) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29.19 RCW, the date on which a special election may be called by the county legislative authority under subsection (2) of this section during the month of that primary is the date of the presidential primary.

    (5) This section shall supersede ((the provisions of any and)) all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections except for those elections held ((pursuant to)) under a home-rule charter adopted under Article XI, section 4 of the state Constitution.  This section shall not be construed as fixing the time for holding primary elections, or elections for the recall of any elective public officer.

 

    Sec. 16.  RCW 29.13.020 and 1994 c 142 s 2 are each amended to read as follows:

    (1) All city, town, and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years.

    This section shall not apply to:

    (a) Elections for the recall of any elective public officer;

    (b) ((Public utility districts or)) District elections at which the ownership of property within those districts is a prerequisite to voting, ((all of)) which elections shall be held at the times prescribed in the laws specifically applicable thereto;

    (c) Consolidation proposals as provided for in RCW 28A.315.280 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW.

    (2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor at least forty-five days ((prior to)) before the proposed election date, may, if the county auditor deems an emergency to exist, call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts.  With the exception of elections called by public school districts, irrigation districts or reclamation districts, a special election may not be held on any matter that:  Directly imposes or increases a tax, levy, assessment, charge, or fee; or has the result of including the voters in a new governmental jurisdiction that has the authority, with or without an additional vote, to impose a tax, levy, assessment, charge, or fee.  Except as provided in subsection (3) of this section, such a special election shall be held on one of the following dates as decided by the governing body:

    (a) The first Tuesday after the first Monday in February;

    (b) The second Tuesday in March;

    (c) The fourth Tuesday in April;

    (d) The third Tuesday in May;

    (e) The day of the primary election as specified by RCW 29.13.070; or

    (f) The first Tuesday after the first Monday in November.

    (3) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29.19 RCW, the date on which a special election may be called under subsection (2) of this section during the month of that primary is the date of the presidential primary.

    (4) ((In addition to subsection (2) (a) through (f) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire, flood, earthquake, or other act of God, except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2) (e) and (f) of this section.  Such special election shall be conducted and notice thereof given in the manner provided by law.

    (5))) This section shall supersede ((the provisions of any and)) all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections.

 

    Sec. 17.  RCW 29.79.020 and 1987 c 161 s 1 are each amended to read as follows:

    Initiative measures proposed to be submitted to the people must be filed with the secretary of state within ten months ((prior to)) before the election at which they are to be submitted, and the petitions therefor must be filed with the secretary of state not less than four months before the next general state-wide election.

    Initiative measures proposed to be submitted to the legislature must be filed with the secretary of state within ten months ((prior to)) before the next regular session of the legislature at which they are to be submitted and the petitions therefor must be filed with the secretary of state not less than ten days before such regular session of the legislature.

    A petition ordering that any act or part thereof passed by the legislature be referred to the people must be filed with the secretary of state within ninety days after the final adjournment of the legislative session at which the act was passed.  It may be submitted at the next general state-wide election or at a special election ordered by the legislature.  The legislature may not order a referendum at a special election on any matter that might authorize, impose, or increase a tax, levy, assessment, charge, or fee.

    A proposed initiative or referendum measure may be filed no earlier than the opening of the secretary of state's office for business ((pursuant to)) under RCW 42.04.060 on the first day filings are permitted, and any initiative or referendum petition must be filed not later than the close of business on the last business day in the specified period for submission of signatures.  If a filing deadline falls on a Saturday, the office of the secretary of state shall be open on that Saturday for the transaction of business under this section from 8:00 a.m. to 5:00 p.m. on that Saturday.

 

    Sec. 18.  RCW 35.02.078 and 1994 c 216 s 18 are each amended to read as follows:

    An election shall be held in the area proposed to be incorporated to determine whether the proposed city or town shall be incorporated when the boundary review board takes action on the proposal other than disapproving the proposal, or if the county legislative authority does not disapprove the proposal as provided in RCW 35.02.070.  Voters at this election shall determine if the area is to be incorporated.

    The initial election on the question of incorporation shall be held at the next ((special)) general election date ((specified in RCW 29.13.020)) that occurs sixty or more days after the final public hearing by the county legislative authority or authorities, or action by the boundary review board or boards.  The county legislative authority or authorities shall call for this election and, if the incorporation is approved, shall call for other elections to elect the elected officials as provided in this section.  If the vote in favor of the incorporation receives forty percent or less of the total vote on the question of incorporation, no new election on the question of incorporation for the area or any portion of the area proposed to be incorporated may be held for a period of three years from the date of the election in which the incorporation failed.

    If the incorporation is authorized as provided by RCW 35.02.120, separate elections shall be held to nominate and elect persons to fill the various elective offices prescribed by law for the population and type of city or town, and to which it will belong.  The primary election to nominate candidates for these elective positions shall be held at the next special election date, as specified in RCW 29.13.020, that occurs sixty or more days after the election on the question of incorporation.  The election to fill these elective positions shall be held at the next special election date, as specified in RCW 29.13.020, that occurs thirty or more days after certification of the results of the primary election.

 

    Sec. 19.  RCW 35.10.410 and 1985 c 281 s 4 are each amended to read as follows:

    The submission of a ballot proposal to the voters of two or more contiguous cities for the consolidation of these contiguous cities may be caused by the adoption of a joint resolution, by a majority vote of each city legislative body, seeking consolidation of such contiguous cities.  The joint resolution shall provide for submission of the question to the voters at the next general ((municipal)) election((, if one is)) to be held more than ninety days ((but not more than one hundred eighty days)) after the passage of the joint resolution, or shall call for a special election to be held for that purpose at the next special election date, as specified in RCW 29.13.020, that occurs ninety or more days after the passage of the joint resolution.  The legislative bodies of the cities also shall notify the county legislative authority of each county in which the cities are located of the proposed consolidation.

 

    Sec. 20.  RCW 35.10.420 and 1995 c 196 s 7 are each amended to read as follows:

    The submission of a ballot proposal to the voters of two or more contiguous cities for the consolidation of these contiguous cities may also be caused by the filing of a petition with the legislative body of each such city, signed by the voters of each city in number equal to not less than ten percent of voters who voted in the city at the last general municipal election therein, seeking consolidation of such contiguous cities.  A copy of the petition shall be forwarded immediately by each city to the auditor of the county or counties within which that city is located.

    The county auditor or auditors shall determine the sufficiency of the signatures in each petition within ten days of receipt of the copies and immediately notify the cities proposed to be consolidated of the sufficiency.  If each of the petitions is found to have sufficient valid signatures, the auditor or auditors shall call ((a special)) an election, to be held at the next general election that occurs ninety or more days after the date when the last petition was filed, at which the question of whether such cities shall consolidate shall be submitted to the voters of each of such cities.  ((If a general election is to be held more than ninety days but not more than one hundred eighty days after the filing of the last petition, the question shall be submitted at that election.  Otherwise the question shall be submitted at a special election to be called for that purpose at the next special election date, as specified in RCW 29.13.020, that occurs ninety or more days after the date when the last petition was filed.))

    If each of the petitions is found to have sufficient valid signatures, the auditor or auditors also shall notify the county legislative authority of each county in which the cities are located of the proposed consolidation.

    Petitions shall conform with the requirements for form prescribed in RCW 35A.01.040, except different colored paper may be used on petitions circulated in the different cities.  A legal description of the cities need not be included in the petitions.

 

    Sec. 21.  RCW 35.13.060 and 1989 c 351 s 2 are each amended to read as follows:

    Upon granting the petition under the twenty percent annexation petition under the election method, and after the auditor has certified the petition as being sufficient, the legislative body of the city or town shall indicate to the county auditor its preference for the date of the election on the annexation to be held, which shall be ((one of)) the ((dates for special elections provided under RCW 29.13.020)) next general election that is sixty or more days after the date the preference is indicated.  The county auditor shall call the ((special)) election at the ((special)) general election date indicated by the city or town.

 

    Sec. 22.  RCW 35.16.010 and 1994 c 273 s 1 are each amended to read as follows:

    Upon the filing of a petition which is sufficient as determined by RCW 35A.01.040 requesting the exclusion from the boundaries of a city or town of an area described by metes and bounds or by reference to a recorded plat or government survey, signed by qualified voters of the city or town equal in number to not less than ten percent of the number of voters voting at the last general municipal election, the city or town legislative body shall submit the question to the voters.  As an alternate method, the legislative body of the city or town may by resolution submit a proposal to the voters for excluding such a described area from the boundaries of the city or town.  The question shall be submitted at the next general ((municipal)) election ((if one is to be held within one hundred eighty days or at a special election called for that purpose)) not less than ninety days ((nor more than one hundred eighty days)) after the certification of sufficiency of the petition or the passage of the resolution.  The petition or resolution shall set out and describe the territory to be excluded from the city or town, together with the boundaries of the city or town as it will exist after such change is made.

 

    Sec. 23.  RCW 35.17.220 and 1965 c 7 s 35.17.220 are each amended to read as follows:

    No franchise or right to occupy or use the streets, highways, bridges or other public places shall be granted, renewed, or extended except by ordinance and every such ordinance complete in the form in which it is finally passed shall remain on file with the city clerk for at least one week before final passage and if the franchise or grant is for interurban or street railways, gas or water works, electric light or power plants, heating plants, telegraph or telephone systems or other public service utilities, the ordinance must be submitted to a vote of the people at a general ((or special)) election and approved by a majority of those voting thereon.

 

    Sec. 24.  RCW 35.17.260 and 1965 c 7 s 35.17.260 are each amended to read as follows:

    Ordinances may be initiated by petition of electors of the city filed with the commission.  If the petition accompanying the proposed ordinance is signed by the registered voters in the city equal in number to twenty-five percent of the votes cast for all candidates for mayor at the last preceding city election, and if it contains a request that, unless passed by the commission, the ordinance be submitted to a vote of the people, the commission shall either:

    (1) Pass the proposed ordinance without alteration within twenty days after the city clerk's certificate that the number of signatures on the petition are sufficient; or

    (2) Immediately after the clerk's certificate of sufficiency is attached to the petition, cause to be called ((a special)) an election to be held at the next general election not less than thirty ((nor more than sixty)) days thereafter, for submission of the proposed ordinance without alteration, to a vote of the people ((unless a general election will occur within ninety days, in which event submission must be made thereat)).

 

    Sec. 25.  RCW 35.17.300 and 1965 c 7 s 35.17.300 are each amended to read as follows:

    Publication of notice, the election, the canvass of the returns and declaration of the results, shall be conducted in all respects as are other city elections.  Any number of proposed ordinances may be voted on at the same election((, but there shall not be more than one special election for that purpose during any one six-month period)).

 

    Sec. 26.  RCW 35.17.380 and 1965 c 7 s 35.17.380 are each amended to read as follows:

    Upon petition of electors in any city equal in number to twenty-five percent of the votes cast for all candidates for mayor at the last preceding city election therein, the mayor by proclamation shall cause to be submitted the question of organizing the city under the commission form of government at ((a special)) the next general election ((at a time specified therein and within sixty days after the filing of the petition)).  If the plan is not adopted at the ((special)) election called, it shall not be resubmitted to the voters of the city for adoption within two years thereafter.

 

    Sec. 27.  RCW 35.17.440 and 1965 c 7 s 35.17.440 are each amended to read as follows:

    Upon the filing of a petition praying therefor, signed by not less than twenty-five percent of the registered voters resident in the city, ((a special)) an election shall be called at which the following proposition only shall be submitted:  "Shall the city of (name of city) abandon its organization as a city under the commission form and become a city under the general laws governing cities of like population?"  The election must be held at a general election.

 

    Sec. 28.  RCW 35.18.250 and 1965 c 7 s 35.18.250 are each amended to read as follows:

    Upon the filing of a petition for the adoption of the council-manager plan of government, or upon resolution of the council to that effect, the mayor, only after the petition has been found to be valid, by proclamation issued within ten days after the filing of the petition or the resolution with the clerk, shall cause the question to be submitted at ((a special election to be held at a time specified in the proclamation)) a general election, which shall be as soon as possible after the sufficiency of the petition has been determined or after the ((said)) resolution of the council has been enacted((, but in no event shall said special election be held during the ninety day period immediately preceding any regular municipal election therein)).  All acts necessary to hold this election, including legal notice, jurisdiction and canvassing of returns, shall be conducted in accordance with existing law.

 

    Sec. 29.  RCW 35.18.270 and 1994 c 223 s 13 are each amended to read as follows:

    If the majority of the votes cast at ((a special)) an election for organization on the council-manager plan favor the plan, the city or town shall elect the council required under the council-manager plan in number according to its population at the next municipal general election.  ((However, special elections shall be held to nominate and elect the new city councilmembers at the next primary and general election held in an even-numbered year if the next municipal general election is more than one year after the date of the election at which the voters approved the council-manager plan.))  The staggering of terms of office shall occur at the election when the new councilmembers are elected, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year, or three-year terms of office if the election is held in an even-numbered year, and the remainder of the persons elected as councilmembers shall be elected to two-year terms of office if the election is held in an odd-numbered year, or one-year terms of office if the election is held in an even-numbered year.  The initial councilmembers shall take office immediately when they are elected and qualified, but the lengths of their terms of office shall be calculated from the first day in January in the year following the election.

 

    Sec. 30.  RCW 35.18.310 and 1965 c 7 s 35.18.310 are each amended to read as follows:

    The proposition to abandon the council-manager plan must be voted on at a ((special)) general election ((called for that purpose)) at which the ((only)) proposition to be voted on shall be:  "Shall the city (or town) of . . . . . . abandon its organization under the council-manager plan and become a city (or town) under the general law governing cities (or towns) of . . . . . . class?"

 

    Sec. 31.  RCW 35.18.320 and 1965 c 7 s 35.18.320 are each amended to read as follows:

    If a majority of votes cast at the ((special)) election favor the abandonment of the council-manager form of government, the officers elected at the next succeeding biennial election shall be those then prescribed for cities or towns of like class.  Upon the qualification of such officers, the municipality shall again become organized under the general laws of the state, but such change shall not affect in any manner or degree the property, rights, or liabilities of the corporation but shall merely extend to such change in its form of government.

 

    Sec. 32.  RCW 35.21.706 and 1983 c 99 s 6 are each amended to read as follows:

    Every city and town first imposing a business and occupation tax or increasing the rate of the tax after April 22, 1983, shall provide for a referendum procedure to apply to an ordinance imposing the tax or increasing the rate of the tax.  This referendum procedure shall specify that a referendum petition may be filed within seven days of passage of the ordinance with a filing officer, as identified in the ordinance.  Within ten days, the filing officer shall confer with the petitioner concerning form and style of the petition, issue the petition an identification number, and secure an accurate, concise, and positive ballot title from the designated local official.  The petitioner shall have thirty days in which to secure the signatures of not less than fifteen percent of the registered voters of the city, as of the last municipal general election, upon petition forms which contain the ballot title and the full text of the measure to be referred.  The filing officer shall verify the sufficiency of the signatures on the petition and, if sufficient valid signatures are properly submitted, shall certify the referendum measure to the next general election ballot within the city ((or at a special election ballot as provided pursuant to RCW 35.17.260(2))).

    This referendum procedure shall be exclusive in all instances for any city ordinance imposing a business and occupation tax or increasing the rate of the tax and shall supersede the procedures provided under chapters 35.17 and 35A.11 RCW and all other statutory or charter provisions for initiative or referendum which might otherwise apply.

 

    Sec. 33.  RCW 35.22.280 and 1993 c 83 s 4 are each amended to read as follows:

    Any city of the first class shall have power:

    (1) To provide for general and special elections, for questions to be voted upon, and for the election of officers.  However, a matter that directly imposes or increases a tax, levy, assessment, charge, or fee may only be voted on at a general election;

    (2) To provide for levying and collecting taxes on real and personal property for its corporate uses and purposes, and to provide for the payment of the debts and expenses of the corporation;

    (3) To control the finances and property of the corporation, and to acquire, by purchase or otherwise, such lands and other property as may be necessary for any part of the corporate uses provided for by its charter, and to dispose of any such property as the interests of the corporation may, from time to time, require;

    (4) To borrow money for corporate purposes on the credit of the corporation, and to issue negotiable bonds therefor, on such conditions and in such manner as shall be prescribed in its charter; but no city shall, in any manner or for any purpose, become indebted to an amount in the aggregate to exceed the limitation of indebtedness prescribed by chapter 39.36 RCW ((as now or hereafter amended));

    (5) To issue bonds in place of or to supply means to meet maturing bonds or other indebtedness, or for the consolidation or funding of the same;

    (6) To purchase or appropriate private property within or without its corporate limits, for its corporate uses, upon making just compensation to the owners thereof, and to institute and maintain such proceedings as may be authorized by the general laws of the state for the appropriation of private property for public use;

    (7) To lay out, establish, open, alter, widen, extend, grade, pave, plank, establish grades, or otherwise improve streets, alleys, avenues, sidewalks, wharves, parks, and other public grounds, and to regulate and control the use thereof, and to vacate the same, and to authorize or prohibit the use of electricity at, in, or upon any of ((said)) the streets, or for other purposes, and to prescribe the terms and conditions upon which the same may be so used, and to regulate the use thereof;

    (8) To change the grade of any street, highway, or alley within its corporate limits, and to provide for the payment of damages to any abutting owner or owners who shall have built or made other improvements upon such street, highway, or alley at any point opposite to the point where such change shall be made with reference to the grade of such street, highway, or alley as the same existed ((prior to such)) before the change;

    (9) To authorize or prohibit the locating and constructing of any railroad or street railroad in any street, alley, or public place in such city, and to prescribe the terms and conditions upon which any such railroad or street railroad shall be located or constructed; to provide for the alteration, change of grade, or removal thereof; to regulate the moving and operation of railroad and street railroad trains, cars, and locomotives within the corporate limits of ((said)) the city; and to provide by ordinance for the protection of all persons and property against injury in the use of such railroads or street railroads;

    (10) To provide for making local improvements, and to levy and collect special assessments on property benefited thereby, and for paying for the same or any portion thereof;

    (11) To acquire, by purchase or otherwise, lands for public parks within or without the limits of such city, and to improve the same.  When the language of any instrument by which any property is so acquired limits the use of ((said)) the property to park purposes and contains a reservation of interest in favor of the grantor or any other person, and where it is found that the property so acquired is not needed for park purposes and that an exchange thereof for other property to be dedicated for park purposes is in the public interest, the city may, with the consent of the grantor or such other person, his or her heirs, successors, or assigns, exchange such property for other property to be dedicated for park purposes, and may make, execute, and deliver proper conveyances to effect the exchange.  In any case where, owing to death or lapse of time, there is neither donor, heir, successor, or assignee to give consent, this consent may be executed by the city and filed for record with an affidavit setting forth all efforts made to locate people entitled to give such consent together with the facts which establish that no consent by such persons is attainable.  Title to property so conveyed by the city shall vest in the grantee free and clear of any trust in favor of the public arising out of any prior dedication for park purposes, but the right of the public shall be transferred and preserved with like force and effect to the property received by the city in such exchange;

    (12) To construct and keep in repair bridges, viaducts, and tunnels, and to regulate the use thereof;

    (13) To determine what work shall be done or improvements made at the expense, in whole or in part, of the owners of the adjoining contiguous, or proximate property, or others specially benefited thereby; and to provide for the manner of making and collecting assessments therefor;

    (14) To provide for erecting, purchasing, or otherwise acquiring waterworks, within or without the corporate limits of ((said)) the city, to supply ((said)) the city and its inhabitants with water, or authorize the construction of same by others when deemed for the best interests of such city and its inhabitants, and to regulate and control the use and price of the water so supplied;

    (15) To provide for lighting the streets and all public places, and for furnishing the inhabitants thereof with gas or other lights, and to erect, or otherwise acquire, and to maintain the same, or to authorize the erection and maintenance of such works as may be necessary and convenient therefor, and to regulate and control the use thereof;

    (16) To establish and regulate markets, and to provide for the weighing, measuring, and inspection of all articles of food and drink offered for sale thereat, or at any other place within its limits, by proper penalties, and to enforce the keeping of proper legal weights and measures by all vendors in such city, and to provide for the inspection thereof.  Whenever the words "public markets" are used in this chapter, and the public market is managed in whole or in part by a public corporation created by a city, the words shall be construed to include all real or personal property located in a district or area designated by a city as a public market and traditionally devoted to providing farmers, crafts vendors and other merchants with retail space to market their wares to the public.  Property located in such a district or area need not be exclusively or primarily used for such traditional public market retail activities and may include property used for other public purposes including, but not limited to, the provision of human services and low-income or moderate-income housing;

    (17) To erect and establish hospitals and pesthouses, and to control and regulate the same;

    (18) To provide for establishing and maintaining reform schools for juvenile offenders;

    (19) To provide for the establishment and maintenance of public libraries, and to appropriate, annually, such percent of all moneys collected for fines, penalties, and licenses as shall be prescribed by its charter, for the support of a city library, which shall, under such regulations as shall be prescribed by ordinance, be open for use by the public;

    (20) To regulate the burial of the dead, and to establish and regulate cemeteries within or without the corporate limits, and to acquire land therefor by purchase or otherwise; to cause cemeteries to be removed beyond the limits of the corporation, and to prohibit their establishment within two miles of the boundaries thereof;

    (21) To direct the location and construction of all buildings in which any trade or occupation offensive to the senses or deleterious to public health or safety shall be carried on, and to regulate the management thereof; and to prohibit the erection or maintenance of such buildings or structures, or the carrying on of such trade or occupation within the limits of such corporation, or within the distance of two miles beyond the boundaries thereof;

    (22) To provide for the prevention and extinguishment of fires and to regulate or prohibit the transportation, keeping, or storage of all combustible or explosive materials within its corporate limits, and to regulate and restrain the use of fireworks;

    (23) To establish fire limits and to make all such regulations for the erection and maintenance of buildings or other structures within its corporate limits as the safety of persons or property may require, and to cause all such buildings and places as may from any cause be in a dangerous state to be put in safe condition;

    (24) To regulate the manner in which stone, brick, and other buildings, party walls, and partition fences shall be constructed and maintained;

    (25) To deepen, widen, dock, cover, wall, alter, or change the channels of waterways and courses, and to provide for the construction and maintenance of all such works as may be required for the accommodation of commerce, including canals, slips, public landing places, wharves, docks, and levees, and to control and regulate the use thereof;

    (26) To control, regulate, or prohibit the anchorage, moorage, and landing of all watercrafts and their cargoes within the jurisdiction of the corporation;

    (27) To fix the rates of wharfage and dockage, and to provide for the collection thereof, and to provide for the imposition and collection of such harbor fees as may be consistent with the laws of the United States;

    (28) To license, regulate, control, or restrain wharf boats, tugs, and other boats used about the harbor or within such jurisdiction;

    (29) To require the owners of public halls or other buildings to provide suitable means of exit; to provide for the prevention and abatement of nuisances, for the cleaning and purification of watercourses and canals, for the drainage and filling up of ponds on private property within its limits, when the same shall be offensive to the senses or dangerous to health; to regulate and control, and to prevent and punish, the defilement or pollution of all streams running through or into its corporate limits, and for the distance of five miles beyond its corporate limits, and on any stream or lake from which the water supply of ((said)) the city is taken, for a distance of five miles beyond its source of supply; to provide for the cleaning of areas, vaults, and other places within its corporate limits which may be so kept as to become offensive to the senses or dangerous to health, and to make all such quarantine or other regulations as may be necessary for the preservation of the public health, and to remove all persons afflicted with any infectious or contagious disease to some suitable place to be provided for that purpose;

    (30) To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist;

    (31) To regulate the selling or giving away of intoxicating, malt, vinous, mixed, or fermented liquors as authorized by the general laws of the state:  PROVIDED, That no license shall be granted to any person or persons who shall not first comply with the general laws of the state in force at the time the same is granted;

    (32) To grant licenses for any lawful purpose, and to fix by ordinance the amount to be paid therefor, and to provide for revoking the same:  PROVIDED, That no license shall be granted to continue for longer than one year from the date thereof;

    (33) To regulate the carrying on within its corporate limits of all occupations which are of such a nature as to affect the public health or the good order of ((said)) the city, or to disturb the public peace, and which are not prohibited by law, and to provide for the punishment of all persons violating such regulations, and of all persons who knowingly permit the same to be violated in any building or upon any premises owned or controlled by them;

    (34) To restrain and provide for the punishment of vagrants, mendicants, prostitutes, and other disorderly persons;

    (35) To provide for the punishment of all disorderly conduct, and of all practices dangerous to public health or safety, and to make all regulations necessary for the preservation of public morality, health, peace, and good order within its limits, and to provide for the arrest, trial, and punishment of all persons charged with violating any of the ordinances of ((said)) the city.  The punishment shall not exceed a fine of five thousand dollars or imprisonment in the city jail for one year, or both such fine and imprisonment.  The punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime.  Such cities alternatively may provide that violations of ordinances constitute a civil violation subject to monetary penalties, but no act which is a state crime may be made a civil violation;

    (36) To project or extend its streets over and across any tidelands within its corporate limits, and along or across the harbor areas of such city, in such manner as will best promote the interests of commerce;

    (37) To provide in their respective charters for a method to propose and adopt amendments thereto.

 

    Sec. 34.  RCW 35.58.080 and 1974 ex.s. c 70 s 4 are each amended to read as follows:

    Upon receipt of a duly certified petition or a valid resolution calling for an election on the formation of a metropolitan municipal corporation, the board of commissioners of the central county shall fix a date for a public hearing thereon which shall be not more than sixty nor less than forty days following the receipt of such resolution or petition.  Notice of such hearing shall be published once a week for at least four consecutive weeks in one or more newspapers of general circulation within the metropolitan area.  The notice shall contain a description of the boundaries of the proposed metropolitan area, shall name the initial metropolitan function or functions and shall state the time and place of the hearing and the fact that any changes in the boundaries of the metropolitan area will be considered at such time and place.  At such hearing or any continuation thereof, any interested person may appear and be heard on all matters relating to the effect of the formation of the proposed municipal metropolitan corporation.  The commissioners may make such changes in the boundaries of the metropolitan area as they shall deem reasonable and proper, but may not delete any portion of the proposed area which will create an island of included or excluded lands, may not delete a portion of any city, and may not delete any portion of the proposed area which is contributing or may reasonably be expected to contribute to the pollution of any water course or body of water in the proposed area when the petition or resolution names metropolitan water pollution abatement as a function to be performed by the proposed metropolitan municipal corporation.  If the commissioners shall determine that any additional territory should be included in the metropolitan area, a second hearing shall be held and notice given in the same manner as for the original hearing.  The commissioners may adjourn the hearing on the formation of a metropolitan municipal corporation from time to time not exceeding thirty days in all.  At the next regular meeting following the conclusion of such hearing the commissioners shall adopt a resolution fixing the boundaries of the proposed metropolitan municipal corporation, declaring that the formation of the proposed metropolitan municipal corporation will be conducive to the welfare and benefit of the persons and property therein and providing for the calling of ((a special)) an election on the formation of the metropolitan municipal corporation to be held at the next general election not ((more than one hundred twenty days nor)) less than sixty days following the adoption of such resolution.

 

    Sec. 35.  RCW 35.58.100 and 1967 c 105 s 2 are each amended to read as follows:

    A metropolitan municipal corporation may be authorized to perform one or more metropolitan functions in addition to those which it has previously been authorized to perform, with the approval of the voters at an election, in the manner provided in this section.

    An election to authorize a metropolitan municipal corporation to perform one or more additional metropolitan functions may be called ((pursuant to)) under a resolution or a petition in the following manner:

    (1) A resolution calling for such an election may be adopted by:

    (a) The city council of the central city; or

    (b) The city councils of at least one-half in number of the component cities other than the central city; or

    (c) The board of commissioners of the central county.  Such resolution shall be transmitted to the metropolitan council.

    (2) A petition calling for such an election shall be signed by at least four percent of the registered voters residing within the metropolitan area and shall be filed with the auditor of the central county.

    Any resolution or petition calling for such an election shall name the additional metropolitan functions which the metropolitan municipal corporation shall be authorized to perform.

    Upon receipt of such a petition, the auditor shall examine the signatures thereon and certify to the sufficiency thereof.  For the purpose of examining the signatures on such petition, the auditor shall be permitted access to all voter registration books of any component county and of all component cities.  No person may withdraw his or her name from a petition after it has been filed with the auditor.  Within thirty days following the receipt of such petition, the auditor shall transmit the same to the metropolitan council, together with ((his)) the auditor's certificate as to the sufficiency of signatures thereon.

    Upon receipt of a valid resolution or duly certified petition calling for an election on the authorization of the performance of one or more additional metropolitan functions, the metropolitan council shall cause to be called ((a special)) an election to be held at the next general election not ((more than one hundred and twenty days nor)) less than sixty days following such receipt.  Such ((special)) election shall be conducted and canvassed as provided in this chapter for an election on the question of forming a metropolitan municipal corporation.  The ballot proposition shall be in substantially the following form:

 

"Shall the . . . . . . metropolitan municipal corporation be authorized to perform the additional metropolitan functions of . . . . . . (here insert the title of each of the additional functions to be authorized as set forth in the petition or resolution)?

 

           YES  .................................... G

           NO...................................... G"

 

If a majority of the persons voting on the proposition shall vote in favor thereof, the metropolitan municipal corporation shall be authorized to perform such additional metropolitan function or functions.

 

    Sec. 36.  RCW 35.58.114 and 1967 c 105 s 8 are each amended to read as follows:

    Whenever a recommended comprehensive plan for the performance of any additional metropolitan function shall have been prepared and the metropolitan council shall have found the plan to be feasible the council may by resolution call ((a special)) an election, to be held at the next general election, to authorize the performance of such additional function without the filing of the petitions or resolutions provided for in RCW 35.58.100.

    If the metropolitan council shall determine that the performance of such function requires enlargement of the metropolitan area, such resolution shall contain a description of the boundaries of the proposed metropolitan area and may be adopted only after a public hearing thereon before the council.  Notice of such hearing shall be published once a week for at least two consecutive weeks in one or more newspapers of general circulation within the proposed metropolitan area.  The notice shall contain a description of the boundaries of the proposed metropolitan area, shall name the additional function or functions to be performed and shall state the time and place of the hearing and the fact that any changes in the boundaries of the proposed metropolitan area will be considered at such time and place.  At such hearing any interested person may appear and be heard.  The council may make such changes in the proposed metropolitan area as they shall deem reasonable and proper, but may not delete any portion of the existing metropolitan area and may not delete any portion of the proposed additional area which will create an island of included or excluded lands.  If the council shall determine that the proposed additional area should be further enlarged, a second hearing shall be held and notice given in the same manner as for the original hearing.  The council may adjourn the hearing or hearings from time to time.

    Following the conclusion of such hearing or hearings the council may adopt a resolution fixing the boundaries of the proposed metropolitan area and calling ((a special)) an election on the performance of such additional function, to be held at the next general election.  If the metropolitan municipal corporation is then authorized to perform the function of metropolitan sewage disposal the council may provide in such resolution that local governmental agencies collecting sewage from areas outside the metropolitan area as same is constituted on the date of adoption of such resolution will not thereafter be required to discharge such sewage into the metropolitan sewer system or to secure approval of local construction plans from the metropolitan municipal corporation unless such local agency shall first have entered into a contract with the metropolitan municipal corporation for the disposal of such sewage.  The metropolitan council may also provide in such resolution that the authorization to perform such additional function be effective only if the voters at such election also authorize the issuance of any general obligation bonds required to carry out the recommended comprehensive plan.

    The resolution calling such election shall fix the form of the ballot proposition and the same may vary from that specified in RCW 35.58.100.  If the metropolitan council shall find that the issuance of general obligation bonds is necessary to perform such additional function and to carry out such recommended comprehensive plan then the ballot proposition shall set forth the principal amount of such bonds and the maximum maturity thereof and the proposition shall be so worded that the voters may by a single yes or no vote authorize the performance of the designated function in the area described in the resolution and the issuance of such general obligation bonds.

    The persons voting at such election shall be all of the qualified voters who have resided within the boundaries of the proposed metropolitan area for at least thirty days preceding the date of the election.  The election shall be conducted and canvassed as provided in RCW 35.58.090.

    If the resolution calling such election does not require the approval of general obligation bonds as a condition of the performance of such additional function and if a majority of the persons voting on the ballot proposition residing within the existing metropolitan municipal corporation shall vote in favor thereof and a majority of the persons residing within the area proposed to be added to the existing metropolitan municipal corporation shall vote in favor thereof the boundaries described in the resolution calling the election shall become the boundaries of the metropolitan municipal corporation and the metropolitan municipal corporation shall be authorized to perform the additional function described in the proposition.

    If the resolution calling such election shall require the authorization of general obligation bonds as a condition of the performance of such additional function, then to be effective the ballot proposition must be approved as provided in the preceding paragraph and must also be approved by at least three-fifths of the persons voting thereon and the number of persons voting on such proposition must constitute not less than forty percent of the total number of votes cast within such area at the last preceding state general election.

 

    Sec. 37.  RCW 35.58.116 and 1967 c 105 s 9 are each amended to read as follows:

    The metropolitan council may at the same election called to authorize the performance of an additional function ((or at a special election called by the council after it has been authorized to perform any metropolitan function)) submit a proposition for the issuance of general obligation bonds for capital purposes as provided in RCW 35.58.450 or a proposition for the levy of a general tax for any authorized purpose for one year in such total dollar amount as the metropolitan council may determine and specify in such proposition.  Any such proposition to be effective must be assented to by at least three-fifths of the persons voting thereon and the number of persons voting on such proposition shall constitute not less than forty percent of the total number of votes cast within the metropolitan area at the last preceding state general election.  Any such proposition shall only be effective if the performance of the additional function shall be authorized at such election or shall have been authorized prior thereto.

 

    Sec. 38.  RCW 35.58.430 and 1965 c 7 s 35.58.430 are each amended to read as follows:

    The treasurer of each component county shall create a separate fund into which shall be paid all money collected from taxes levied by the metropolitan municipal corporation on property in such county and such money shall be forwarded quarterly by the treasurer of each such county to the treasurer of the central county as directed by the metropolitan council.  The treasurer of the central county shall act as the treasurer of the metropolitan municipal corporation and shall establish and maintain such funds as may be authorized by the metropolitan council.  Money shall be disbursed from such funds upon warrants drawn by the auditor of the central county as authorized by the metropolitan council.  The central county shall be reimbursed by the metropolitan municipal corporation for services rendered by the treasurer and auditor of the central county in connection with the receipt and disbursement of such funds.  ((The expense of all special elections held pursuant to this chapter shall be paid by the metropolitan municipal corporation.))

 

    Sec. 39.  RCW 35.58.540 and 1965 c 7 s 35.58.540 are each amended to read as follows:

    Upon receipt of a duly certified petition calling for an election on the annexation of territory to a metropolitan municipal corporation, or if the metropolitan council shall determine without a petition being filed, that an election on the annexation of any adjacent territory shall be held, the metropolitan council shall fix a date for a public hearing thereon which shall be not more than sixty nor less than forty days following the receipt of such petition or adoption of such resolution.  Notice of such hearing shall be published once a week for at least four consecutive weeks in one or more newspapers of general circulation within the territory proposed to be annexed.  The notice shall contain a description of the boundaries of the territory proposed to be annexed and shall state the time and place of the hearing thereon and the fact that any changes in the boundaries of such territory will be considered at such time and place.  At such hearing or any continuation thereof, any interested person may appear and be heard on all matters relating to the proposed annexation.  The metropolitan council may make such changes in the boundaries of the territory proposed to be annexed as it shall deem reasonable and proper, but may not delete any portion of the proposed area which will create an island of included or excluded lands and may not delete a portion of any city.  If the metropolitan council shall determine that any additional territory should be included in the territory to be annexed, a second hearing shall be held and notice given in the same manner as for the original hearing.  The metropolitan council may adjourn the hearing on the proposed annexation from time to time not exceeding thirty days in all.  At the next regular meeting following the conclusion of such hearing, the metropolitan council shall, if it finds that the annexation of such territory will be conducive to the welfare and benefit of the persons and property therein and the welfare and benefit of the persons and property within the metropolitan municipal corporation, adopt a resolution fixing the boundaries of the territory to be annexed and causing to be called ((a special)) an election on such annexation to be held at the next general election not ((more than one hundred twenty days nor)) less than sixty days following the adoption of such resolution.

 

    Sec. 40.  RCW 35.59.060 and 1984 c 186 s 19 are each amended to read as follows:

    To carry out the purposes of this chapter any municipality shall have the power to appropriate and/or expend any public moneys available therefor and to issue general obligation bonds within the limitations now or hereafter prescribed by the Constitution and laws of this state.  Such general obligation bonds shall be issued and sold as provided in chapter 39.46 RCW.  If the governing body of any municipality shall submit a proposition for the approval of general obligation bonds at any general ((or special)) election and shall declare in the ordinance or resolution setting forth such proposition that its purpose is the creation of a single integrated multi-purpose community center or a city-wide or county-wide system of such centers, all ((pursuant to)) under this chapter, and that the creation of such center or system of centers constitutes a single purpose, such declaration shall be presumed to be correct and, upon the issuance of the bonds, such presumption shall become conclusive.  Any such election shall be held ((pursuant to)) under RCW 39.36.050.

 

    Sec. 41.  RCW 35.61.020 and 1965 c 7 s 35.61.020 are each amended to read as follows:

    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,)) the city council or commission may, or on 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)) an election to be called therefor when the petition so requests, to be held at a general election.

 

    Sec. 42.  RCW 35.61.090 and 1985 c 416 s 3 are each amended to read as follows:

    The manner of holding any general ((or special)) election in a metropolitan park district shall be in accordance with the general election laws of this state insofar as they are ((not inconsistent)) consistent with ((the provisions of)) this chapter.

 

    Sec. 43.  RCW 35.61.110 and 1989 c 319 s 3 are each amended to read as follows:

    Every metropolitan park district may contract indebtedness not exceeding in amount, together with existing voter-approved indebtedness and nonvoter-approved indebtedness, equal to two and one-half percent of the value of the taxable property in ((said)) the district, as the term "value of the taxable property" is defined in RCW 39.36.015, whenever three-fifths of the voters voting at an election held in the metropolitan park district assent thereto; the election may only be ((either a special or)) a general election, and the park commissioners of the metropolitan park district may cause the question of incurring such indebtedness, and issuing negotiable bonds of such metropolitan park district, to be submitted to the qualified voters of the district at any time.

 

    Sec. 44.  RCW 35.61.210 and 1990 c 234 s 3 are each amended to read as follows:

    The board of park commissioners may levy or cause to be levied a general tax on all the property located in ((said)) the park district each year not to exceed fifty cents per thousand dollars of assessed value of the property in such park district.  In addition, the board of park commissioners may levy or cause to be levied a general tax on all property located in ((said)) the park district each year not to exceed twenty-five cents per thousand dollars of assessed valuation.  Although park districts are authorized to impose two separate regular property tax levies, the levies shall be considered to be a single levy for purposes of the one hundred six percent limitation provided for in chapter 84.55 RCW.

    The board is hereby authorized to levy a general tax in excess of its regular property tax levy or levies when authorized so to do at ((a special)) an election conducted in accordance with and subject to ((all the requirements of)) the Constitution and laws of the state ((now in force or hereafter enacted)) governing the limitation of tax levies and held at a general election.  The board is hereby authorized to call ((a special)) an election for the purpose of submitting to the qualified voters of the park district a proposition to levy a tax in excess of the seventy-five cents per thousand dollars of assessed value herein specifically authorized, to be held at a general election.  The manner of submitting any such proposition, of certifying the same, and of giving or publishing notice thereof, shall be as provided by law for the submission of propositions by cities or towns.

    The board shall include in its general tax levy for each year a sufficient sum to pay the interest on all outstanding bonds and may include a sufficient amount to create a sinking fund for the redemption of all outstanding bonds.  The levy shall be certified to the proper county officials for collection the same as other general taxes and when collected, the general tax shall be placed in a separate fund in the office of the county treasurer to be known as the "metropolitan park district fund" and paid out on warrants.

 

    Sec. 45.  RCW 35.61.360 and 1987 c 138 s 2 are each amended to read as follows:

    (1) As provided in this section, a metropolitan park district may withdraw areas from its boundaries, or reannex areas into the metropolitan park district that previously had been withdrawn from the metropolitan park district under this section.

    (2) The withdrawal of an area shall be authorized upon:  (a) Adoption of a resolution by the park district commissioners requesting the withdrawal and finding that, in the opinion of the commissioners, inclusion of this area within the metropolitan park district will result in a reduction of the district's tax levy rate under ((the provisions of)) RCW 84.52.010; and (b) adoption of a resolution by the city or town council approving the withdrawal, if the area is located within the city or town, or adoption of a resolution by the county legislative authority of the county within which the area is located approving the withdrawal, if the area is located outside of a city or town.  A withdrawal shall be effective at the end of the day on the thirty-first day of December in the year in which the resolutions are adopted, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution.

    The withdrawal of an area from the boundaries of a metropolitan park district shall not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of the metropolitan park district existing at the time of the withdrawal.

    (3) An area that has been withdrawn from the boundaries of a metropolitan park district under this section may be reannexed into the metropolitan park district upon:  (a) Adoption of a resolution by the park district commissioners proposing the reannexation; and (b) adoption of a resolution by the city or town council approving the reannexation, if the area is located within the city or town, or adoption of a resolution by the county legislative authority of the county within which the area is located approving the reannexation, if the area is located outside of a city or town.  The reannexation shall be effective at the end of the day on the thirty-first day of December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution.  Referendum action on the proposed reannexation may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the city or town council, or county legislative authority, within a thirty-day period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed to be reannexed equal in number to ten percent of the total number of the registered voters residing in that area.

    If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions shall be held in abeyance and a ballot proposition to authorize the reannexation shall be submitted to the voters of the area at the next ((special)) general election ((date specified in RCW 29.13.020)) that occurs forty-five or more days after the petitions have been validated.  Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation.

 

    Sec. 46.  RCW 35.62.041 and 1990 c 193 s 3 are each amended to read as follows:

    Where more than one name is proposed by either petition or resolution, the question shall be separated into two separate parts and shall be in substantially the following form:

 

"Shall the name of the city (or town) of    (insert name)    be changed?

 

    Yes . . .

    No  . . ."

 

"If a name change is approved, which of the following should be the new name?

 

       (insert name)   

       (insert name)   

    Vote for one."

 

Voters may select a name change whether or not they vote in favor of changing the name of the city or town.  If a majority of the votes cast on the first proposition favor changing the name, the name that receives at least a majority of the total number of votes cast for an alternative name shall become the new name of the city or town effective thirty days after the certification of the election results.

    If no alternative name receives a simple majority vote, then an election shall be held at the next ((November special)) general election date, at which voters shall be given the option of choosing which of the two alternative names that received the most votes shall become the new name of the city or town.  This ballot proposition shall be worded substantially as follows:

 

"Which of the following names shall become the new name of the city (or town) of    (insert name)   ?

 

       (insert name)   

       (insert name)   

    Vote for one."

 

The name that receives the majority vote shall become the new name of the city or town effective thirty days after the certification of the election results.

 

    Sec. 47.  RCW 35.67.331 and 1969 ex.s. c 51 s 1 are each amended to read as follows:

    A city or town may by ordinance provide that its water system, sewerage system, and garbage and refuse collection and disposal system may be acquired, constructed, maintained and operated jointly, either by combining any two of such systems or all three.  All powers granted to cities and towns to acquire, construct, maintain and operate such systems may be exercised in the joint acquisition, construction, maintenance and operation of such combined systems:  PROVIDED, That if a general indebtedness is to be incurred to pay a part or all of the cost of construction, maintenance, or operation of such a combined system, no such indebtedness shall be incurred without such indebtedness first being authorized by a vote of the people at a ((special or)) general election conducted in the manner prescribed by law:  PROVIDED FURTHER, That nothing in ((this amendatory act)) chapter 51, Laws of 1969 ex. sess. shall be construed to supersede charter provisions to the contrary.

 

    Sec. 48.  RCW 35.92.070 and 1987 c 145 s 1 are each amended to read as follows:

    When the governing body of a city or town deems it advisable that the city or town purchase, acquire, or construct any such public utility, or make any additions and betterments thereto or extensions thereof, it shall provide therefor by ordinance, which shall specify and adopt the system or plan proposed, and declare the estimated cost thereof, as near as may be, and the ordinance shall be submitted for ratification or rejection by majority vote of the voters of the city or town at a general ((or special)) election.

    (1) No submission shall be necessary:

    (a) When the work proposed is an addition to, or betterment of, extension of, or an increased water supply for existing waterworks, or an addition, betterment, or extension of an existing system or plant of any other public utility;

    (b) When in the charter of a city a provision has been adopted authorizing the corporate authorities thereof to provide by ordinance for acquiring, opening, or operating any of such public utilities; or

    (c) When in the judgment of the corporate authority, the public health is being endangered by the discharge of raw or untreated sewage into any body of water and the danger to the public health may be abated by the construction and maintenance of a sewage disposal plant.

    (2) Notwithstanding subsection (1) of this section, submission to the voters shall be necessary if:

    (a) The project or work may produce electricity for sale in excess of present or future needs of the water system;

    (b) The city or town does not own or operate an electric utility system;

    (c) The work involves an ownership greater than twenty-five percent in a new water supply project combined with an electric generation facility; and

    (d) The combined facility has an installed capacity in excess of five megawatts.

    (3) Notwithstanding subsection (1) of this section, submission to the voters shall be necessary to make extensions to a public utility which would expand the previous service capacity by fifty percent or more, where such increased service capacity is financed by the issuance of general obligation bonds.

    (4) Thirty days' notice of the election shall be given in the official newspaper of the city or town, by publication at least once each week in the paper during such time.

    (5) When a proposition has been adopted, or in the cases where no submission is necessary, the corporate authorities of the city or town may proceed forthwith to purchase, construct, and acquire the public utility or make additions, betterments, and extensions thereto and to make payment therefor.

 

    Sec. 49.  RCW 35.94.020 and 1985 c 469 s 40 are each amended to read as follows:

    The legislative authority of the city, if it deems it advisable to lease or sell the works, plant, or system, or any part thereof, shall adopt a resolution stating whether it desires to lease or sell.  If it desires to lease, the resolution shall state the general terms and conditions of the lease, but not the rent.  If it desires to sell the general terms of sale shall be stated, but not the price.  The resolution shall direct the city clerk, or other proper official, to publish the resolution not less than once a week for four weeks in the official newspaper of the city, together with a notice calling for sealed bids to be filed with the clerk or other proper official not later than a certain time, accompanied by a certified check payable to the order of the city, for such amount as the resolution shall require, or a deposit of a like sum in money.  Each bid shall state that the bidder agrees that if ((his)) the bidder's bid is accepted and ((he)) the bidder fails to comply therewith within the time hereinafter specified, the check or deposit shall be forfeited to the city.  If bids for a lease are called for, bidders shall bid the amount to be paid as the rent for each year of the term of the lease.  If bids for a sale are called for, the bids shall state the price offered.  The legislative authority of the city may reject any or all bids and accept any bid which it deems best.  At the first meeting of the legislative authority of the city held after the expiration of the time fixed for receiving bids, or at some later meeting, the bids shall be considered.  In order for the legislative authority to declare it advisable to accept any bid it shall be necessary for two-thirds of all the members elected to the legislative authority to vote in favor of a resolution making the declaration.  If the resolution is adopted it shall be necessary, in order that the bid be accepted, to enact an ordinance accepting it and directing the execution of a lease or conveyance by the mayor and city clerk or other proper official.  The ordinance shall not take effect until it has been submitted to the voters of the city for their approval or rejection at the next general election ((or at a special election called for that purpose)), and a majority of the voters voting thereon have approved it.  If approved it shall take effect as soon as the result of the vote is proclaimed by the mayor.  If it is so submitted and fails of approval, it shall be rejected and annulled.  The mayor shall proclaim the vote as soon as it is properly certified.

 

    Sec. 50.  RCW 35A.02.025 and 1979 ex.s. c 18 s 4 are each amended to read as follows:

    Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170 signed by qualified electors in number equal to not less than ten percent of the votes cast in the last general municipal election, such resolution as authorized by RCW 35A.02.020 shall be referred to the voters for confirmation or rejection in the next general municipal election ((if one is to be held within one hundred and eighty days from the date of filing of the referendum petition, or at a special election to be called for that purpose in accordance with RCW 29.13.020)).

 

    Sec. 51.  RCW 35A.02.060 and 1990 c 259 s 3 are each amended to read as follows:

    When a petition which is sufficient under the rules set forth in RCW 35A.01.040 is filed with the legislative body of an incorporated city or town, signed by qualified electors of such municipality in number equal to not less than ten percent of the votes cast at the last general municipal election, seeking adoption by the city or town of the classification of noncharter code city and the reorganization of the city or town under one of the plans of government authorized in this title, the county auditor shall file with the legislative body thereof a certificate of sufficiency of such petition.  Thereupon, the legislative body shall cause such proposal to be submitted to the voters at the next general municipal election ((if one is to be held within one hundred eighty days after certification of the sufficiency of the petition, or at a special election to be held for that purpose not less than ninety days nor more than one hundred and eighty days from such certification of sufficiency.  Ballot titles for elections under this chapter shall be prepared by the city attorney as provided in RCW 35A.29.120)).

 

    Sec. 52.  RCW 35A.02.070 and 1967 ex.s. c 119 s 35A.02.070 are each amended to read as follows:

    The legislative body of an incorporated city or town may, by resolution, submit to the voters in the next general municipal election ((if one is to be held within one hundred and eighty days after passage of the resolution, or in a special election to be called for that purpose not less than ninety days nor more than one hundred and eighty days after passage of the resolution,)) a proposal that the city or town adopt the classification of noncharter code city and organize under one of the plans of government authorized in this title, naming such plan.

 

    Sec. 53.  RCW 35A.06.050 and 1994 c 223 s 29 are each amended to read as follows:

    The proposal for abandonment of a plan of government as authorized in RCW 35A.06.030 and for adoption of the plan named in the resolution or petition shall be voted upon at the next general municipal election ((if one is to be held within one hundred and eighty days or otherwise at a special election called for that purpose in accordance with RCW 29.13.020)).  The ballot title and statement of the proposition shall be prepared by the city attorney as provided in RCW 29.27.060 and 35A.29.120.

 

    Sec. 54.  RCW 35A.09.060 and 1967 ex.s. c 119 s 35A.09.060 are each amended to read as follows:

    The election of the charter commission and the election upon the proposition of adopting the proposed new, altered, or revised charter, ((may)) must be a general ((or special)) election((s)) held within the corresponding time period specified in chapter 35A.08 RCW, and except as herein provided, ((said)) the election((s)), the notice specifying the objects thereof, the returns, the canvassing, and the declaration of the result shall be governed by the laws regulating and controlling elections in the charter code city.

 

    Sec. 55.  RCW 35A.09.070 and 1967 ex.s. c 119 s 35A.09.070 are each amended to read as follows:

    If a majority of the voters voting upon the adoption of the proposed new, altered, or revised charter favor it, it shall become the charter of the charter code city and the organic law thereof, superseding any existing charter; but if any offices are abolished or dispensed with by the new, altered, or revised charter, and any new offices created thereby, such charter shall not go into effect until the election and qualification of such new officers at the next general municipal election ((if one is to be held within one hundred and eighty days, or at a special election to be held for that purpose)) not less than ninety days((, nor more than one hundred and eighty days)) after approval of such charter by the voters.

 

    Sec. 56.  RCW 35A.10.030 and 1990 c 259 s 10 are each amended to read as follows:

    Upon the passage of a resolution of the legislative body of a charter code city, or upon the filing with the county auditor of a sufficient petition signed by registered voters of a charter code city in number equal to not less than ten percent of the votes cast at the last general municipal election therein, proposing abandonment of the classification of charter code city and that the city be governed under its charter and the general law relating to cities of the classification named in the petition or resolution, the legislative body thereof shall cause the propositions to be submitted to the voters at the next general municipal election ((if one is to be held within one hundred and eighty days or at a special election to be held for that purpose)) not less than ninety days ((nor more than one hundred and eighty days)) after the passage of the resolution or the filing of the certificate of sufficiency of the petition.  Notice of election shall be given, the election conducted, and results declared generally as provided in chapter 35A.02 RCW, insofar as such provisions are applicable.  If a majority of the votes cast upon such proposition are in favor of abandonment of the classification of charter code city, upon the certification of the record of election to the office of the secretary of state, such charter city shall be classified as a city of the class selected and shall be governed by the laws relating thereto.

 

    Sec. 57.  RCW 35A.14.050 and 1989 c 351 s 5 are each amended to read as follows:

    After consideration of the proposed annexation as provided in RCW 35A.14.200, the county annexation review board, within thirty days after the final day of hearing, shall take one of the following actions:

    (1) Approval of the proposal as submitted((.));

    (2) Subject to RCW 35.02.170, modification of the proposal by adjusting boundaries to include or exclude territory; except that any such inclusion of territory shall not increase the total area of territory proposed for annexation by an amount exceeding the original proposal by more than five percent:  PROVIDED, That the county annexation review board shall not adjust boundaries to include territory not included in the original proposal without first affording to residents and property owners of the area affected by such adjustment of boundaries an opportunity to be heard as to the proposal((.)); or

    (3) Disapproval of the proposal.

    The written decision of the county annexation review board shall be filed with the board of county commissioners and with the legislative body of the city concerned.  If the annexation proposal is modified by the county annexation review board, such modification shall be fully set forth in the written decision.  If the decision of the boundary review board or the county annexation review board is favorable to the annexation proposal, or the proposal as modified by the review board, the legislative body of the city at its next regular meeting if to be held within thirty days after receipt of the decision of the boundary review board or the county annexation review board, or at a special meeting to be held within that period, shall indicate to the county auditor its preference for ((a special)) an election date for submission of such annexation proposal, with any modifications made by the review board, to the voters of the territory proposed to be annexed.  The ((special)) election date that is so indicated shall be ((one of the dates for special)) a general election((s provided under RCW 29.13.020)) that is sixty or more days after the date the preference is indicated.  The county legislative authority shall call the ((special)) election at the ((special)) election date so indicated by the city.  If the boundary review board or the county annexation review board disapproves the annexation proposal, no further action shall be taken thereon, and no proposal for annexation of the same territory, or substantially the same as determined by the board, shall be initiated or considered for twelve months thereafter.

 

    Sec. 58.  RCW 35A.14.299 and 1967 ex.s. c 119 s 35A.14.299 are each amended to read as follows:

    Such annexation ordinance as provided for in RCW 35A.14.297 shall be subject to referendum for forty-five days after the passage thereof.  Upon the filing of a timely and sufficient referendum petition with the legislative body, signed by qualified electors in number equal to not less than ten percent of the votes cast in the last general state election in the area to be annexed, the question of annexation shall be submitted to the voters of such area in a general election ((if one is to be held within ninety days or at a special election called for that purpose)) not less than forty-five days ((nor more than ninety days)) after the filing of the referendum petition.  Notice of such election shall be given as provided in RCW 35A.14.070 ((and the election shall be conducted as provided in RCW 35A.14.060)).  The annexation shall be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition thereto.

    After the expiration of the forty-fifth day from but excluding the date of passage of the annexation ordinance, if no timely and sufficient referendum petition has been filed, the area annexed shall become a part of the code city upon the date fixed in the ordinance of annexation.  From and after such date, if the ordinance so provided, property in the annexed area shall be subject to the proposed zoning regulation prepared and filed for such area as provided in RCW 35A.14.330 and 35A.14.340.  If the ordinance so provided, all property within the area annexed shall be assessed and taxed at the same rate and on the same basis as the property of such annexing code city is assessed and taxed to pay for any then outstanding indebtedness of such city contracted ((prior to)) before, or existing at, the date of annexation.

 

    Sec. 59.  RCW 35A.16.010 and 1967 ex.s. c 119 s 35A.16.010 are each amended to read as follows:

    Upon the filing of a petition which is sufficient as determined by RCW 35A.01.040 praying for the exclusion from the boundaries of a code city of an area described by metes and bounds or by reference to a recorded plat or government survey, signed by qualified voters of the city in number equal to not less than ten percent of the number of votes cast at the last general municipal election, the legislative body of the code city shall cause the question to be submitted to the voters.  As an alternate method, such a proposal for exclusion from the code city of a described area may be submitted to the voters by resolution of the legislative body.  The question shall be submitted at the next general municipal election ((if one is to be held within one hundred and eighty days or at a special election called for that purpose)) not less than ninety days ((nor more than one hundred and eighty days)) after the certification of sufficiency of the petition or the passage of the resolution.  The petition or resolution shall set out and describe the territory to be excluded from the code city, together with the boundaries of the code city as it will exist after such change is made.

 

    Sec. 60.  RCW 36.08.010 and 1963 c 4 s 36.08.010 are each amended to read as follows:

    If a harbor, inlet, bay, or mouth of river is embraced within two adjoining counties, and an incorporated city is located upon the shore of such harbor, bay, inlet, or mouth of river and it is desired to embrace within the limits of one county, the full extent of the shore line of the harbor, port, or bay, and the waters thereof, together with a strip of the adjacent and contiguous upland territory not exceeding three miles in width, to be measured back from highwater mark, and six miles in length, and not being at a greater distance in any part of ((said)) the strip from the courthouse in the county seat of the county to which the territory is proposed to be annexed, as such county seat and courthouse are now situated, than ten miles, a majority of the qualified electors living in such territory may petition to have the territory stricken from the county of which it shall then be a part, and added to and made a part of the county contiguous thereto.

    The petition shall describe with certainty the bounds and area of the territory, with the reasons for making the change and shall be presented to the board of county commissioners of the county in which the territory is located, which shall proceed to ascertain if the petition contains the requisite number of petitioners, who must be bona fide residents of the territory sought to be stricken off and transferred to the contiguous county.

    If satisfied that the petition is signed by a majority of the bona fide electors of the territory, and that there will remain in the county from which it is taken more than four thousand inhabitants, the board shall make an order that ((a special)) an election be held within the limits of the territory described in the petition, on a date to be named in the order that is also a general election.

    Notices of the election shall contain a description of the territory proposed to be transferred and the names of the counties from and to which the transfer is intended to be made, and shall be posted and published as required for general elections.

 

    Sec. 61.  RCW 36.33.020 and 1963 c 4 s 36.33.020 are each amended to read as follows:

    Any board of county commissioners may establish by resolution a cumulative reserve fund in general terms for several different county purposes as well as for a very specific county purpose, including that of buying any specified supplies, material or equipment, or the construction, alteration or repair of any public building or work, or the making of any public improvement.  The resolution shall designate the fund as "cumulative reserve fund for . . . . . . (naming the purpose or purposes for which the fund is to be accumulated and expended)."  The moneys in ((said)) the fund may be allowed to accumulate from year to year until the board of county commissioners of the county shall determine to expend the moneys in the fund for the purpose or purposes specified((:  PROVIDED, That any)).  However, moneys in ((said)) the fund shall never be expended for any other purpose or purposes than those specified, without an approving vote by a majority of the electors of the county at a general ((or special)) election to allow other specified uses to be made of ((said)) the fund.

 

    Sec. 62.  RCW 36.68.470 and 1981 c 210 s 6 are each amended to read as follows:

    (1) Upon making findings under ((the provisions of)) RCW 36.68.460, the county legislative authority shall, by resolution, order an election of the voters of the proposed park and recreation service area to determine if the service area shall be formed.  The county legislative authority shall in their resolution direct the county auditor to set the election to be held at the next general election ((or at a special election held for such purpose)); describe the purposes of the proposed service area; set forth the estimated cost of any initial improvements or services to be financed by the service area should it be formed; describe the method of financing the initial improvements or services described in the resolution or petition; and order that notice of election be published in a newspaper of general circulation in the county at least twice ((prior to)) before the election date.

    (2) A proposition to form a park and recreation service area shall be submitted to the voters of the proposed service area.  Upon approval by a majority of the voters voting on the proposition, a park and recreation service area shall be established.  The proposition submitted to the voters by the county auditor on the ballot shall be in substantially the following form:

 

                       FORMATION OF PARK AND

                      RECREATION SERVICE AREA

 

    Shall a park and recreation service area be established for the area described in a resolution of the legislative authority of . . . . . . county, adopted on the . . . . day of . . . . . . 19. . ., to provide financing for neighborhood park facilities, improvements, and services?

    Yes . . . . . .  No . . . . . .

 

    Sec. 63.  RCW 36.68.480 and 1984 c 131 s 7 are each amended to read as follows:

    If the petition or resolution initiating the formation of the proposed park and recreation service area proposes that the initial capital or operational costs are to be financed by regular property tax levies for a six-year period as authorized by RCW 36.68.525, or an annual excess levy, or that proposed capital costs are to be financed by the issuance of general obligation bonds and bond retirement levies, a proposition or propositions for such purpose or purposes shall be submitted to the voters of the proposed service area at the same election.  A proposition or propositions for regular property tax levies for a six-year period as authorized by RCW 36.68.525, an annual excess levy, or the issuance of general obligation bonds and bond retirement levies, may also be submitted to the voters at any general ((or special)) election.

 

    Sec. 64.  RCW 36.68.520 and 1994 c 156 s 4 are each amended to read as follows:

    (1) A park and recreation service area shall have the power to levy annual excess levies upon the property included within the service area if authorized at a ((special)) general election ((called for the purpose)) in the manner prescribed by section 2, Article VII of the state Constitution and by RCW 84.52.052 for operating funds, capital outlay funds, and cumulative reserve funds.

    (2) A park and recreation service area may issue general obligation bonds for capital purposes only, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal to three-eighths of one percent of the value of the taxable property within the service area.  Additionally, a park and recreation service area may issue general obligation bonds, together with any outstanding voter approved and nonvoter approved general indebtedness, equal to two and one-half percent of the value of the taxable property within the service area, as the term "value of the taxable property" is defined in RCW 39.36.015, when such bonds are approved by the voters of the service area at a ((special)) general election ((called for the purpose)) in accordance with ((the provisions of)) Article VIII, section 6 of the state Constitution.  Such bonds shall be issued and sold in accordance with chapter 39.46 RCW.

    Bonds may be retired by excess property tax levies when such levies are approved by the voters at a special election in accordance with ((the provisions of)) Article VII, section 2 of the state Constitution and RCW 84.52.056.

    Any elections shall be held as provided in RCW 39.36.050.

 

    Sec. 65.  RCW 36.68.525 and 1994 c 156 s 5 are each amended to read as follows:

    A park and recreation service area may impose regular property tax levies in an amount equal to sixty cents or less per thousand dollars of assessed value of property in the service area in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the voters thereof approving a proposition authorizing the levies submitted not more than twelve months ((prior to)) before the date on which the proposed initial levy is to be made and not oftener than twice in such twelve month period, ((either at a special election or)) at the ((regular)) general election of the service area, at which election the number of voters voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the number of voters voting in the service area at the last preceding general election when the number of voters voting on the proposition does not exceed forty percent of the number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the voters thereof voting on the proposition if the number of voters voting on the proposition exceeds forty ((per centum)) percent of the number of voters voting in such taxing district in the last preceding general election.  A proposition authorizing such tax levies shall not be submitted by a park and recreation service area more than twice in any twelve-month period.  Ballot propositions shall conform with RCW 29.30.111.  If a park and recreation service area is levying property taxes, which in combination with property taxes levied by other taxing districts result in taxes in excess of the ((nine-dollar and fifteen cents per thousand dollars of assessed valuation)) limitation provided for in RCW 84.52.043, the park and recreation service area property tax levy shall be reduced or eliminated before the property tax levies of other taxing districts are reduced.

 

    Sec. 66.  RCW 36.69.065 and 1989 c 184 s 1 are each amended to read as follows:

    If the petition or resolution initiating the formation of the proposed park and recreation district proposes that the initial capital or operational costs are to be financed by regular property tax levies for a ((five-year)) period as authorized by RCW 36.69.145, or an annual excess levy, or that proposed capital costs are to be financed by the issuance of general obligation bonds and bond retirement levies, a proposition or propositions for such purpose or purposes shall be submitted to the voters of the proposed park and recreation district at the same election.  A proposition or propositions for regular property tax levies for a ((five-year)) period as authorized by RCW 36.69.145, an annual excess levy, or the issuance of general obligation bonds and bond retirement levies, may also be submitted to the voters at any general ((or special)) election.  The ballot proposition or propositions authorizing the imposition of a tax levy or levies, or issuance of general obligation bonds and imposition of tax levies, shall be null and void if the park and recreation district was not authorized to be formed.

 

    Sec. 67.  RCW 36.69.140 and 1994 c 156 s 2 are each amended to read as follows:

    (1) A park and recreation district shall have the power to levy excess levies upon the property included within the district, in the manner prescribed by Article VII, section 2, of the state Constitution and by RCW 84.52.052 for operating funds, capital outlay funds, and cumulative reserve funds.

    (2) A park and recreation district may issue general obligation bonds for capital purposes only, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness equal to three-eighths of one percent of the value of the taxable property within such district, as the term "value of the taxable property" is defined in RCW 39.36.015.  A park and recreation district may additionally issue general obligation bonds, together with outstanding voter approved and nonvoter approved general obligation indebtedness, equal to one and one-fourth percent of the value of the taxable property within the district, as the term "value of the taxable property" is defined in RCW 39.36.015, when such bonds are approved by three-fifths of the voters of the district at a general ((or special)) election ((called for that purpose)) and may provide for the retirement thereof by levies in excess of dollar rate limitations in accordance with ((the provisions of)) RCW 84.52.056.  When authorized by the voters of the district, the district may issue interest bearing warrants payable out of and to the extent of excess levies authorized in the year in which the excess levy was approved.  These elections shall be held as provided in RCW 39.36.050.  Such bonds and warrants shall be issued and sold in accordance with chapter 39.46 RCW.

 

    Sec. 68.  RCW 36.69.145 and 1994 c 156 s 3 are each amended to read as follows:

    (1) A park and recreation district may impose regular property tax levies in an amount equal to sixty cents or less per thousand dollars of assessed value of property in the district in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the voters thereof approving a proposition authorizing the levies submitted at a ((special election or at the regular)) general election of the district, at which election the number of voters voting "yes" on the proposition shall constitute three-fifths of a number equal to forty ((per centum)) percent of the number of voters voting in such district at the last preceding general election when the number of voters voting on the proposition does not exceed forty ((per centum)) percent of the number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the voters thereof voting on the proposition if the number of voters voting on the proposition exceeds forty ((per centum)) percent of the number of voters voting in such taxing district in the last preceding general election.  A proposition authorizing the tax levies shall not be submitted by a park and recreation district more than twice in any twelve-month period.  Ballot propositions shall conform with RCW 29.30.111.  In the event a park and recreation district is levying property taxes, which in combination with property taxes levied by other taxing districts subject to the one percent limitation provided for in Article 7, section 2, of ((our)) the state Constitution result in taxes in excess of the limitation provided for in RCW 84.52.043, the park and recreation district property tax levy shall be reduced or eliminated before the property tax levies of other taxing districts are reduced.

    (2) The limitation in RCW 84.55.010 shall not apply to the first levy imposed under this section following the approval of the levies by the voters under subsection (1) of this section.

 

    Sec. 69.  RCW 36.100.010 and 1995 1st sp.s. c 14 s 1 are each amended to read as follows:

    (1) A public facilities district may be created in any county and shall be coextensive with the boundaries of the county.

    (2) A public facilities district shall be created upon adoption of a resolution providing for the creation of such a district by the county legislative authority in which the proposed district is located and approval by a majority of the voters of the county at a general election.

    (3) A public facilities district is a 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.

    (4) No taxes authorized under this chapter may be assessed or levied unless a majority of the voters of the public facilities district has approved such tax at a general ((or special)) election.  A single ballot proposition may both validate the imposition of the sales and use tax under RCW 82.14.048 and the excise tax under RCW 36.100.040.

    (5) A public facilities 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, and to sue and be sued.

    (6) The county legislative authority may transfer property to the public facilities district as part of the process of creating the public facilities district under this chapter.

 

    Sec. 70.  RCW 36.105.040 and 1991 c 363 s 102 are each amended to read as follows:

    (1) The process to create a community council shall be initiated by the filing of petitions with the county auditor of the county in which the community is located which:  (a) Call for the creation of a community council; (b) set forth the boundaries for the community; (c) indicate the number of community councilmembers, which shall be five, seven, nine, or eleven; and (d) contain signatures of voters residing within the community equal in number to at least ten percent of the voters residing in the community who voted at the last state general election.  The county auditor shall determine if the petitions contain a sufficient number of valid signatures and certify the sufficiency of the petitions within fifteen days of when the petitions were filed.  If the petitions are certified as having sufficient valid signatures, the county auditor shall transmit the petitions and certificate to the county legislative authority.

    (2) The county legislative authority shall hold a public hearing within the community on the creation of the proposed community council no later than sixty days after the petitions and certificate of sufficiency were transmitted to the county legislative authority.  Notice of the public hearing shall be published in a newspaper of general circulation in the community for at least once a week for two consecutive weeks, with the last date of publication no more than ten days ((prior to)) before the date of the public hearing.  At least ten days before the public hearing, additional notice shall be posted conspicuously in at least five places within the proposed community in a manner designed to attract public attention.

    (3) After receiving testimony on the creation of the proposed community council, the county legislative authority may alter the boundaries of the community, but the boundaries may not be altered to reduce the number of persons living within the community by more than ten percent or below the minimum number of residents who must reside within the community at the time of the creation of the community council.  If territory is added to the community, another public hearing on the proposal shall be held.

    (4) The county legislative authority shall call ((a special)) an election within the community to determine whether the proposed community council shall be created, and to elect the initial community councilmembers, at the next state general election occurring seventy-five or more days after the initial public hearing on the creation of the proposed community council.  The election must be held at a general election.  The community council shall be created if the ballot proposition authorizing the creation of the community is approved by a simple majority vote of the voters voting on the proposition.

 

    Sec. 71.  RCW 39.36.050 and 1984 c 186 s 3 are each amended to read as follows:

    The governing body of a taxing district desiring to place a ballot proposition authorizing indebtedness before the voters may submit the proposition at any ((special)) general election ((held on the dates authorized in chapter 29.13 RCW)).  The ballot proposition shall include the maximum amount of the indebtedness to be authorized, the maximum term any bonds may have, a description of the purpose or purposes of the bond issue, and whether excess property tax levies authorized under RCW 84.52.056 will be authorized.

    When it is required that such bonds be retired by excess property tax levies, or when the governing body desires such bonds be retired by excess property tax levies, the ballot proposition shall also include authorization for such excess bond retirement property tax levies provided under RCW 84.52.056.

    Notice of the proposed election shall be published as required by RCW 29.27.080.

 

    Sec. 72.  RCW 42.17.390 and 1993 c 2 s 28 (Initiative Measure No. 134) are each amended to read as follows:

    One or more of the following civil remedies and sanctions may be imposed by court order in addition to any other remedies provided by law:

    (1) If the court finds that the violation of ((any provision of)) this chapter by any candidate or political committee probably affected the outcome of any election, the result of ((said)) the election may be held void and a special election held within sixty days of such finding, except that a vote that might directly impose or increase a tax, levy, assessment, charge, or fee must occur at a general election.  Any action to void an election shall be commenced within one year of the date of the election in question.  It is intended that this remedy be imposed freely in all appropriate cases to protect the right of the electorate to an informed and knowledgeable vote.

    (2) If any lobbyist or sponsor of any grass roots lobbying campaign violates ((any of the provisions of)) this chapter, ((his)) the lobbyist or sponsor's registration may be revoked or suspended and ((he)) the lobbyist or sponsor may be enjoined from receiving compensation or making expenditures for lobbying((:  PROVIDED, HOWEVER, That)).  However, the imposition of ((such)) the sanction shall not excuse ((said)) the lobbyist from filing statements and reports required by this chapter.

    (3) Any person who violates ((any of the provisions of)) this chapter may be subject to a civil penalty of not more than ten thousand dollars for each such a violation.  However, a person or entity who violates RCW 42.17.640 may be subject to a civil penalty of ten thousand dollars or three times the amount of the contribution illegally made or accepted, whichever is greater.

    (4) Any person who fails to file a properly completed statement or report within the time required by this chapter may be subject to a civil penalty of ten dollars per day for each day each such delinquency continues.

    (5) Any person who fails to report a contribution or expenditure may be subject to a civil penalty equivalent to the amount ((he)) the person failed to report.

    (6) The court may enjoin any person to prevent the doing of any act ((herein)) prohibited in this chapter, or to compel the performance of any act required ((herein)) in this chapter.

 

    Sec. 73.  RCW 52.04.011 and 1989 c 63 s 8 are each amended to read as follows:

    (1) A territory contiguous to a fire protection district and not within the boundaries of a city, town, or other fire protection district may be annexed to the fire protection district by petition of fifteen percent of the qualified registered electors residing within the territory proposed to be annexed.  Such contiguous territory may be located in a county or counties other than the county or counties within which the fire protection district is located.  The petition shall be filed with the fire commissioners of the fire protection district and if the fire commissioners concur in the petition they shall file the petition with the county auditor of the county within which the territory is located.  If this territory is located in more than one county, the original petition shall be filed with the auditor of the county within which the largest portion of the territory is located, who shall be designated as the lead auditor, and a copy shall be filed with the auditor of each other county within which such territory is located.  Within thirty days after the date of the filing of the petition the auditor shall examine the signatures on the petition and certify to the sufficiency or insufficiency of the signatures.  If this territory is located in more than one county, the auditor of each other county who receives a copy of the petition shall examine the signatures and certify to the lead auditor the number of valid signatures and the number of registered voters residing in that portion of the territory that is located within the county.  The lead auditor shall certify the sufficiency or insufficiency of the signatures.

    After the county auditor has certified the sufficiency of the petition, the county legislative authority or authorities, or the boundary review board or boards, of the county or counties in which such territory is located shall consider the proposal under the same basis that a proposed incorporation of a fire protection district is considered, with the same authority to act on the proposal as in a proposed incorporation, as provided under chapter 52.02 RCW.  If the proposed annexation is approved by the county legislative authority or boundary review board, the board of fire commissioners shall adopt a resolution requesting the county auditor to call ((a special)) an election, ((as specified under RCW 29.13.020)) to be held at a general election, at which the ballot proposition is to be submitted.  No annexation shall occur when the territory proposed to be annexed is located in more than one county unless the county legislative authority or boundary review board of each county approves the proposed annexation.

    (2) The county legislative authority or authorities of the county or counties within which such territory is located have the authority and duty to determine on an equitable basis, the amount of any obligation which the territory to be annexed to the district shall assume to place the property owners of the existing district on a fair and equitable relationship with the property owners of the territory to be annexed as a result of the benefits of annexing to a district previously supported by the property owners of the existing district.  If a boundary review board has had its jurisdiction invoked on the proposal and approves the proposal, the county legislative authority of the county within which such territory is located may exercise the authority granted in this subsection and require such an assumption of indebtedness.  This obligation may be paid to the district in yearly benefit charge installments to be fixed by the county legislative authority.  This benefit charge shall be collected with the annual tax levies against the property in the annexed territory until fully paid.  The amount of the obligation and the plan of payment established by the county legislative authority shall be described in general terms in the notice of election for annexation and shall be described in the ballot proposition on the proposed annexation that is presented to the voters for their approval or rejection.  Such benefit charge shall be limited to an amount not to exceed a total of fifty cents per thousand dollars of assessed valuation:  PROVIDED, HOWEVER, That ((the special)) an election on the proposed annexation shall be held only within the boundaries of the territory proposed to be annexed to the fire protection district.

    (3) On the entry of the order of the county legislative authority incorporating the territory into the existing fire protection district, the territory shall become subject to the indebtedness, bonded or otherwise, of the existing district.  If the petition is signed by sixty percent of the qualified registered electors residing within the territory proposed to be annexed, and if the board of fire commissioners concur, an election in the territory and a hearing on the petition shall be dispensed with and the county legislative authority shall enter its order incorporating the territory into the existing fire protection district.

 

    Sec. 74.  RCW 52.04.056 and 1989 c 63 s 11 are each amended to read as follows:

    (1) As provided in this section, a fire protection district may withdraw areas from its boundaries, or reannex areas into the fire protection district that previously had been withdrawn from the fire protection district under this section.

    (2) The withdrawal of an area shall be authorized upon:  (a) Adoption of a resolution by the board of fire commissioners requesting the withdrawal and finding that, in the opinion of the board, inclusion of this area within the fire protection district will result in a reduction of the district's tax levy rate under ((the provisions of)) RCW 84.52.010; and (b) adoption of a resolution by the city or town council approving the withdrawal, if the area is located within the city or town, or adoption of a resolution by the county legislative authority or authorities of the county or counties within which the area is located approving the withdrawal, if the area is located outside of a city or town.  A withdrawal shall be effective at the end of the day on the thirty-first day of December in the year in which the resolutions are adopted, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution.

    The authority of an area to be withdrawn from a fire protection district as provided under this section is in addition, and not subject, to ((the provisions of)) RCW 52.04.101.

    The withdrawal of an area from the boundaries of a fire protection district shall not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of the fire protection district existing at the time of the withdrawal.

    (3) An area that has been withdrawn from the boundaries of a fire protection district under this section may be reannexed into the fire protection district upon:  (a) Adoption of a resolution by the board of fire commissioners proposing the reannexation; and (b) adoption of a resolution by the city or town council approving the reannexation, if the area is located within the city or town, or adoption of a resolution by the county legislative authority or authorities of the county or counties within which the area is located approving the reannexation, if the area is located outside of a city or town.  The reannexation shall be effective at the end of the day on the thirty-first day of December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution.   Referendum action on the proposed reannexation may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the city or town council, or county legislative authority or authorities, within a thirty-day period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed to be reannexed equal in number to ten percent of the total number of the registered voters residing in that area.

    If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions shall be held in abeyance and a ballot proposition to authorize the reannexation shall be submitted to the voters of the area at the next ((special)) general election ((date specified in RCW 29.13.020)) that occurs forty-five or more days after the petitions have been validated.  Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation.

 

    Sec. 75.  RCW 52.04.071 and 1984 c 230 s 16 are each amended to read as follows:

    The county legislative authority or authorities shall by resolution call a ((special)) an election to be held in the city or town and in the fire protection district at the next ((date provided in RCW 29.13.010 but)) general election not less than forty-five days from the date of the declaration of the finding, and shall cause notice of the election to be given as provided for in RCW 29.27.080.

    The election on the annexation of the city or town into the fire protection district shall be conducted by the auditor of the county or counties in which the city or town and the fire protection district are located in accordance with the general election laws of the state.  The results thereof shall be canvassed by the canvassing board of the county or counties.  No person is entitled to vote at the election unless he or she is a qualified elector in the city or town or unless he or she is a qualified elector within the boundaries of the fire protection district.  The ballot proposition shall be in substantially the following form:

 

    "Shall the city or town of . . . . . . be annexed to and be a part of . . . . . . fire protection district?

 

    YES .....................

    NO  ..................... "

 

    If a majority of the persons voting on the proposition in the city or town and a majority of the persons voting on the proposition in the fire protection district vote in favor thereof, the city or town shall be annexed and shall be a part of the fire protection district.

 

    Sec. 76.  RCW 52.06.030 and 1989 c 63 s 14 are each amended to read as follows:

    The board of the merger district may, by resolution, reject or approve the petition as presented, or it may modify the terms and conditions of the proposed merger, and shall transmit the petition, together with a copy of its resolution to the merging district.

    If the petition is approved as presented or as modified, the board of the merging district shall send an elector-signed petition, if there is one, to the auditor or auditors of the county or counties in which the merging district is located, who shall within thirty days examine the signatures and certify to the sufficiency or insufficiency of the signatures.  If the merging district is located in more than one county, the auditor of the county within which the largest portion of the merging district is located shall be the lead auditor.  Each other auditor shall certify to the lead auditor the number of valid signatures and the number of registered voters of the merging district who reside in the county.  The lead auditor shall certify as to the sufficiency or insufficiency of the signatures.  No signatures may be withdrawn from the petition after the filing.  A certificate of sufficiency shall be provided to the board of the merging district, which shall adopt a resolution requesting the county auditor or auditors to call ((a special)) an election, ((as provided in RCW 29.13.020)) to be held at the next general election, for the purpose of presenting the question of merging the districts to the voters of the merging district.

    If there is no elector-signed petition, the merging district board shall adopt a resolution requesting the county auditor or auditors to call ((a special)) an election in the merging district, ((as specified under RCW 29.13.020)) to be held at the next general election, for the purpose of presenting the question of the merger to the electors.

 

    Sec. 77.  RCW 52.16.130 and 1989 c 63 s 27 are each amended to read as follows:

    To carry out the purposes for which fire protection districts are created, the board of fire commissioners of a district may levy each year, in addition to the levy or levies provided in RCW 52.16.080 for the payment of the principal and interest of any outstanding general obligation bonds, an ad valorem tax on all taxable property located in the district not to exceed fifty cents per thousand dollars of assessed value:  PROVIDED, That in no case may the total general levy for all purposes, except the levy for the retirement of general obligation bonds, exceed one dollar per thousand dollars of assessed value.  Levies in excess of one dollar per thousand dollars of assessed value or in excess of the aggregate dollar rate limitations or both may be made for any district purpose when so authorized at ((a special)) an election under RCW 84.52.052.  Any such tax when levied shall be certified to the proper county officials for the collection of the tax as for other general taxes.  The taxes when collected shall be placed in the appropriate district fund or funds as provided by law, and shall be paid out on warrants of the auditor of the county in which all, or the largest portion of, the district is located, upon authorization of the board of fire commissioners of the district.

 

    Sec. 78.  RCW 52.18.050 and 1990 c 294 s 5 are each amended to read as follows:

    (1) Any benefit charge authorized by this chapter shall not be effective unless a proposition to impose the benefit charge is approved by a sixty percent majority of the voters of the district voting at a general election or at ((a special)) an election called by the district for that purpose, held within the fire protection district and at a general election.  An election held ((pursuant to)) under this section shall be held not more than twelve months ((prior to)) before the date on which the first such charge is to be assessed:  PROVIDED, That a benefit charge approved at an election shall not remain in effect for a period of more than six years nor more than the number of years authorized by the voters if fewer than six years unless subsequently reapproved by the voters.

    (2) The ballot shall be submitted so as to enable the voters favoring the authorization of a fire protection district benefit charge to vote "Yes" and those opposed thereto to vote "No," and the ballot shall be:

 

"Shall . . . . . . county fire protection district No. . . . . be authorized to impose benefit charges each year for . . . . (insert number of years not to exceed six) years, not to exceed an amount equal to sixty percent of its operating budget, and be prohibited from imposing an additional property tax under RCW 52.16.160?

                      YES                 NO

                        G                 G"

 

 

    Sec. 79.  RCW 53.04.020 and 1992 c 147 s 1 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 coextensive with the limits of such county.  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).

 

    Sec. 80.  RCW 53.04.023 and 1994 c 223 s 84 are each amended 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 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, designating either three or five commissioner positions, describing commissioner districts if the petitioners propose that the commissioners represent districts, 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)) before 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)) a general 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, from districts or at large, as provided in the petition initiating the creation of the port district.  The election shall be otherwise conducted as provided in RCW 53.12.172, but the election of commissioners shall be null and void if the port district is not created. 

    This section shall expire July 1, 1997.

 

    Sec. 81.  RCW 53.04.080 and 1990 c 259 s 16 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 in which there exists a port district which is not coextensive with the limits of the county, shall on petition of the commissioners of such port district, by resolution, submit to the voters residing within the limits of any territory which the existing port district desires to annex or include in its enlarged port district, the proposition of enlarging the limits of such existing port districts so as to include therein the whole of the territory embraced within the boundaries of such county, or such territory as may be described in the petition by legal subdivisions.  Such petition shall be filed with the county auditor, who shall forthwith transmit the same to the county legislative authority, who shall submit such proposition at the next general election((, or, if such petition so request, the county legislative authority, shall at their first meeting after the date of filing such petition, 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 enlarged port district and the object of the ((special)) election.  In submitting the question to the voters of the territory proposed to be annexed or included for their approval or rejection, the proposition shall be expressed on the ballots substantially in the following terms:

    "Enlargement of the port of . . . . . ., yes."  (Giving then [the] name of the port district which it is proposed to enlarge);

    "Enlargement of the port of . . . . . ., no."  (Giving the name of the port district which it is proposed to enlarge).

    ((Such)) The election((, whether general or special,)) shall be held in each precinct wholly or partially embraced within the limits of the territory proposed to be annexed or included and shall be conducted and the votes cast thereat counted, canvassed, and the returns thereof made in the manner provided by law for holding general ((or special)) county elections.

 

    Sec. 82.  RCW 53.36.030 and 1995 c 102 s 1 are each amended to read as follows:

    (1)(a) Except as provided in (b) of this subsection, a port district may at any time contract indebtedness or borrow money for district purposes and may issue general obligation bonds therefor not exceeding an amount, together with any existing indebtedness of the district not authorized by the voters, of one-fourth of one percent of the value of the taxable property in the district.

    (b) Port districts having less than eight hundred million dollars in value of taxable property during 1991 may at any time contract indebtedness or borrow money for port district purposes and may issue general obligation bonds therefor not exceeding an amount, combined with existing indebtedness of the district not authorized by the voters, of three-eighths of one percent of the value of the taxable property in the district.  ((Prior to)) Before contracting for any indebtedness authorized by this subsection (1)(b), the port district must have a comprehensive plan for harbor improvements or industrial development and a long-term financial plan approved by the department of community, trade, and economic development.  The department of community, trade, and economic development is immune from any liability for its part in reviewing or approving port district's improvement or development plans, or financial plans.  Any indebtedness authorized by this subsection (1)(b) may be used only to acquire or construct a facility, and, ((prior to)) before contracting for such indebtedness, the port district must have a lease contract for a minimum of five years for the facility to be acquired or constructed by the debt.

    (2) With the assent of three-fifths of the voters voting thereon at a general ((or special)) port election ((called for that purpose)), a port district may contract indebtedness or borrow money for district purposes and may issue general obligation bonds therefor provided the total indebtedness of the district at any such time shall not exceed three-fourths of one percent of the value of the taxable property in the district.

    (3) In addition to the indebtedness authorized under subsections (1) and (2) of this section, port districts having less than two hundred million dollars in value of taxable property and operating a municipal airport may at any time contract indebtedness or borrow money for airport capital improvement purposes and may issue general obligation bonds therefor not exceeding an additional one-eighth of one percent of the value of the taxable property in the district without authorization by the voters; and, with the assent of three-fifths of the voters voting thereon at a general ((or special)) port election ((called for that purpose)), may contract indebtedness or borrow money for airport capital improvement purposes and may issue general obligation bonds therefor for an additional three-eighths of one percent provided the total indebtedness of the district for all port purposes at any such time shall not exceed one and one-fourth percent of the value of the taxable property in the district.

    (4) Any port district may issue general district bonds evidencing any indebtedness, payable at any time not exceeding fifty years from the date of the bonds.  Any contract for indebtedness or borrowed money authorized by RCW 53.36.030(1)(b) shall not exceed twenty-five years.  The bonds shall be issued and sold in accordance with chapter 39.46 RCW.

    (5) Elections required under this section shall be held as provided in RCW 39.36.050.

    (6) For the purpose of this section, "indebtedness of the district" shall not include any debt of a county-wide district with a population less than twenty-five hundred people when the debt is secured by a mortgage on property leased to the federal government; and the term "value of the taxable property" shall have the meaning set forth in RCW 39.36.015.

 

    Sec. 83.  RCW 53.36.100 and 1994 c 278 s 1 are each amended to read as follows:

    (1) A port district having adopted a comprehensive scheme of harbor improvements and industrial developments may thereafter raise revenue, for six years only, and a second six years if the procedures are followed under subsection (2) of this section, in addition to all other revenues now authorized by law, by an annual levy not to exceed forty-five cents per thousand dollars of assessed value against the assessed valuation of the taxable property in such port district.  In addition, if voters approve a ballot proposition authorizing additional levies by a simple majority vote, a port district located in a county bordering on the Pacific Ocean having adopted a comprehensive scheme of harbor improvements and industrial developments may impose these levies for a third six-year period.  ((Said)) The levies shall be used exclusively for the exercise of the powers granted to port districts under chapter 53.25 RCW except as provided in RCW 53.36.110.  The levy of such taxes is herein authorized notwithstanding ((the provisions of)) RCW 84.52.050 and 84.52.043.  The revenues derived from levies made under RCW 53.36.100 and 53.36.110 not expended in the year in which the levies are made may be paid into a fund for future use in carrying out the powers granted under chapter 53.25 RCW, which fund may be accumulated and carried over from year to year, with the right to continue to levy the taxes provided for in RCW 53.36.100 and 53.36.110 for the purposes herein authorized.

    (2) If a port district intends to levy a tax under this section for one or more years after the first six years these levies were imposed, the port commission shall publish notice of this intention, in one or more newspapers of general circulation within the district, by June 1 of the year in which the first levy of the seventh through twelfth year period is to be made.  If within ninety days of the date of publication a petition is filed with the county auditor containing the signatures of eight percent of the number of voters registered and voting in the port district for the office of the governor at the last preceding gubernatorial election, the county auditor shall canvass the signatures in the same manner as prescribed in RCW 29.79.200 and certify their sufficiency to the port commission within two weeks.  The proposition to make these levies in the seventh through twelfth year period shall be submitted to the voters of the port district at a ((special)) general election((, called for this purpose, no later than the date on which a primary election would be held under RCW 29.13.070)).  The levies may be made in the seventh through twelfth year period only if approved by a majority of the voters of the port district voting on the proposition.

 

    Sec. 84.  RCW 53.46.010 and 1965 c 102 s 2 are each amended to read as follows:

    Two or more port districts may be joined into one consolidated port district in the following manner:  The port commissioners of each of the port districts proposed to be consolidated may, or on petition of ten percent of the qualified electors residing within each of the districts proposed to be consolidated based on the total vote cast in the last general election, shall, by joint resolution submit to the qualified electors of the port districts to be consolidated the proposition of consolidating such districts into one port district.  Such resolution or petition in request thereof shall identify each port district to be consolidated, listing its assets and liabilities; state the name by which the port district resulting from the consolidation shall be known; legally describe each port commissioner district to be created within the port district resulting from the consolidation; state the terms and conditions, if any, under which the consolidation is proposed; and call ((a special)) an election in the territory of the port districts to be consolidated, to be held at a general election, to determine whether such consolidation shall take place, and to fill the offices of the port commission of the port district resulting from the consolidation.  The resolution or petition shall provide that the commission in the proposed district shall consist of three, five, or seven commissioners and that the number shall be approved by the voters at the time the proposition for consolidation is voted upon.  The proposition in this respect shall provide that the commissioners shall be elected one each from commissioner districts which shall be described as set forth in this section, or if such districts are not so described then the commissioners shall be elected at large.

 

    Sec. 85.  RCW 53.46.020 and 1990 c 259 s 20 are each amended to read as follows:

    The ((special)) election to consider such consolidation and to fill such offices shall be held at and conducted in accordance with the general election laws of the state.

 

    Sec. 86.  RCW 54.04.060 and 1951 c 207 s 1 are each amended to read as follows:

    The supervisor of elections or other proper officer of the county shall give notice of all elections held under this title, for the time and in the manner and form provided for city, town, school district, and port district elections.  When the supervisor or other officer deems an emergency exists, and is requested so to do by a resolution of the district commission, ((he)) the officer may call a special election at any time in the district, and ((he)) the officer may combine or divide precincts for the purpose of holding special elections, and special elections shall be conducted and notice thereof given in the manner provided by law.  However, an election on matters involving public moneys must be held at a general election.

    The supervisor or other officer shall provide polling places, appoint the election officers, provide their compensation, provide ballot boxes, and ballots or voting machines, poll books and tally sheets, and deliver them to the election officers at the polling places, publish and post notices of the elections in the manner provided by law, and apportion to the district its share of the expense of the election.

    The manner of conducting and voting at the elections, opening and closing of polls, keeping of poll lists, canvassing the votes, declaring the result, and certifying the returns, shall be the same as for the election of state and county officers, except as otherwise provided herein.

    The district commission shall certify to the supervisor a list of offices to be filled at a district election and the commission, if it desires to submit to the voters of the district a proposition, shall require the secretary of the commission to certify it at the time and in the manner and form provided for certifying propositions by the governing board of cities, towns, and port districts.

 

    Sec. 87.  RCW 54.08.060 and 1994 c 223 s 55 are each amended to read as follows:

    Whenever a proposition for the formation of a public utility district is to be submitted to voters in any county, the county legislative authority may by resolution call ((a special)) an election, and at the request of petitioners for the formation of such district contained in the petition shall do so and shall provide for holding the same at the ((earliest practicable time)) next general election.  If the boundaries of the proposed district embrace an area less than the entire county, such election shall be confined to the area so included.  The notice of such election shall state the boundaries of the proposed district and the object of such election; in other respects, such election shall be held and called in the same manner as provided by law for the holding and calling of general elections:  PROVIDED, That notice thereof shall be given for not less than ten days nor more than thirty days ((prior to)) before ((such special)) the election.  In submitting the proposition to the voters for their approval or rejection, such proposition shall be expressed on the ballots in substantially the following terms:

 

    Public Utility District No. .....................  YES

    Public Utility District No. .....................   NO

 

    At the same ((special)) election on the proposition to form a public utility district, there shall also be an election for three public utility district commissioners.  However, the election of such commissioners shall be null and void if the proposition to form the public utility district does not receive approval by a majority of the voters voting on the proposition.  No primary shall be held.  A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180.  The person receiving the greatest number of votes for the commissioner of each commissioner district shall be elected as the commissioner of that district.  Commissioner districts shall be established as provided in RCW 54.12.010.  The terms of the initial commissioners shall be staggered as follows:  (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an even-numbered year or a five-year term if the election is held in an odd-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an even-numbered year or a three-year term of office if the election is held in an odd-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an even-numbered year or a one-year term of office if the election is held in an odd-numbered year.  The commissioners first to be elected at ((such special)) the election shall assume office immediately when they are elected and qualified, but the length of their terms of office shall be calculated from the first day in January in the year following their elections.

    The term "general election" as used ((herein)) in this section means biennial general elections at which state and county officers in a noncharter county are elected.

 

    Sec. 88.  RCW 56.02.050 and 1971 ex.s. c 272 s 12 are each amended to read as follows:

    (1) Jurisdiction of any general election or special election held on the same date as a general election in a joint sewer district shall rest with the county auditor of each of the counties in which the joint sewer district is located.  Election returns of such elections shall be canvassed by the canvassing board of each county and the official results certified to the county auditor of the county in which fifty-one percent or more of the area of the joint sewer district is located.  Such county auditor shall then combine the official results from each county in which the joint sewer district is located into a single official result.

    (2) Jurisdiction of any special election held on a different date than a general election in a joint sewer district shall rest with the county auditor of the county in which fifty-one percent or more of the area of the joint sewer district is located.  Election returns of such elections shall be canvassed by the canvassing board of such county and certified to the county auditor of such county as required by law.

    (3) Elections referred to in subsections (1) and (2) of this section shall be conducted as provided by such subsections and by the general election laws not inconsistent therewith.  However, a matter that directly imposes or increases a tax, levy, assessment, charge, or fee may only be voted on at a general election.

    (4) Candidates for the office of sewer commissioner in a joint sewer district shall file declarations of candidacy with the county auditor of the county in which fifty-one percent or more of the area of the joint sewer district is located and their election shall be conducted as provided by this section and by the general election laws not inconsistent herewith.  The candidate receiving the greatest number of votes for each sewer commissioner position shall be declared elected.

    For the purposes of this section, "joint sewer district" means any sewer district composed of territory lying in more than one county.

 

    Sec. 89.  RCW 56.04.050 and 1990 c 259 s 22 are each amended to read as follows:

    Upon entry of the findings of the final hearing on the petition, if the commissioners find the proposed sewer system will be conducive to the public health, welfare, and convenience and be of special benefit to the land within the boundaries of the proposed or reorganized district, they shall call ((a special)) an election by presenting a resolution to the county auditor at least forty-five days ((prior to)) before the proposed election date.  ((A special)) The election ((will)) must be held ((on)) at a ((date decided by the commissioners in accordance with RCW 29.13.010 and 29.13.020)) general election.  The commissioners shall cause to be published a notice of such election at least once a week for four successive weeks in a newspaper of general circulation in the county, setting forth the hours during which the polls will be open, the boundaries of the proposed or reorganized district as finally adopted, and the object of the election, and the notice shall also be posted for ten days in ten public places in the proposed or reorganized district.  The proposition shall be expressed on the ballots in the following terms:

 

    Sewer District......................................... YES  G

    Sewer District......................................... NO   G

 

or in the reorganization of a district, the proposition shall be expressed on the ballot in the following terms:

 

    Sewer District Reorganization.......................... YES  G

    Sewer District Reorganization.......................... NO   G

 

giving in each instance the name of the district as decided by the board.

    At the same election the county legislative authority shall submit a proposition to the voters, for their approval or rejection, authorizing the sewer district, if formed, to levy at the earliest time permitted by law on all property located in the district a general tax for one year, in excess of the tax limitations provided by law, in the amount specified in the petition to create the district, not to exceed one dollar and twenty-five cents per thousand dollars of assessed value, for general preliminary expenses of the district, the proposition to be expressed on the ballots in the following terms:

 

One year . . . . dollars and . . . . cents per thousand dollars of assessed value tax......................... YES  G

One year . . . . dollars and . . . . cents per thousand dollars of assessed value tax......................... NO   G

 

Such proposition to be effective must be approved by a majority of at least three-fifths of the registered voters thereof voting on the proposition in the manner set forth in Article VII, section 2(a) of the state Constitution ((of this state, as amended by Amendment 59 and as thereafter amended)).

 

    Sec. 90.  RCW 56.24.080 and 1985 c 469 s 57 are each amended to read as follows:

    When the petition is presented for hearing, the county legislative authority shall hear the same or may adjourn the hearing from time to time not exceeding one month in all, and any person, firm or corporation may appear before the county legislative authority and make objections to the proposed boundary lines or to the annexation of the territory described in the petition; and upon a final hearing the county legislative authority shall make such changes in the proposed boundary lines as it deems to be proper and shall establish and define the boundaries and shall find whether the proposed annexation of the territory as established by the county legislative authority to the sewer district will be conducive to the public health, welfare and convenience and will be of special benefit to the land included within the boundaries of the territory proposed to be annexed to the sewer district and so established by the county legislative authority:  PROVIDED, That no lands which will not, in the judgment of the county legislative authority, be benefited by inclusion therein, shall be included within the boundaries of the territory as so established and defined:  PROVIDED FURTHER, That no change shall be made by the county legislative authority in the boundary lines, including any territory outside of the boundary lines described in the petition:  AND PROVIDED FURTHER, That no person having signed the petition as herein provided for shall be allowed to withdraw his or her name therefrom after the filing of the same with the board of sewer commissioners of the sewer district.

    Upon the entry of the findings of the final hearing to the petition by the county legislative authority, if it finds the proposed annexation of the territory to the sewer district to be conducive to the public health, welfare and convenience and to be of special benefit to the land proposed to be annexed and included within the boundaries of the district, it shall give notice of ((a special)) an election to be held at a general election and within the boundaries of the territory proposed to be annexed to the sewer district for the purpose of determining whether the same shall be annexed to the sewer district; and the notice shall particularly describe the boundaries established by the county legislative authority on its final hearing of the petition, and shall state the name of the sewer district to which the territory is proposed to be annexed, and the same shall be published once a week for at least two weeks ((prior to)) before the election in a newspaper of general circulation within the county within which the district is located, and shall be posted for the same period in at least four public places within the boundaries of the district proposed to be annexed, which notice shall designate the places within the territory proposed to be annexed to the sewer district where the ((said)) election shall be held, and shall require the voters to cast ballots which shall contain the words:

 

                 For Annexation to Sewer District

                                or

               Against Annexation to Sewer District

 

    The county legislative authority shall name the persons to act as judges at such election.

 

    Sec. 91.  RCW 56.24.200 and 1990 c 259 s 26 are each amended to read as follows:

    Such annexation resolution under RCW 56.24.190 shall be subject to referendum for forty-five days after the passage thereof.  Upon the filing of a timely and sufficient referendum petition with the board of commissioners, signed by registered voters in number equal to not less than ten percent of the registered voters in the area to be annexed who voted in the last general municipal election, the question of annexation shall be submitted to the voters of such area in a general election ((if one is to be held within ninety days or at a special election called for that purpose by the board of commissioners in accordance with RCW 29.13.010 and 29.13.020)).  Notice of such election shall be given under RCW 56.24.080 and the election shall be conducted under RCW 56.24.090.  The annexation shall be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition thereto.

    After the expiration of the forty-fifth day from but excluding the date of passage of the annexation resolution, if no timely and sufficient referendum petition has been filed, the area annexed shall become a part of the sewer district upon the date fixed in the resolution of annexation upon transmitting the resolution to the county legislative authority.

 

    Sec. 92.  RCW 56.32.040 and 1975 1st ex.s. c 86 s 4 are each amended to read as follows:

    The respective boards of sewer commissioners of the consolidating districts shall certify such agreement to the county auditors of the counties in which the districts are located.  Thereupon, the county auditor of the county in which the largest amount of territory of the proposed consolidated sewer is located shall call ((a special)) an election for the purpose of submitting to the voters of each of the consolidating districts the proposition of whether or not the several districts shall be consolidated into one sewer district.  The proposition shall give the title of the proposed consolidated district.  The election must be held at a general election.  Notice of the election shall be given and the election conducted in accordance with the general election laws.

 

    Sec. 93.  RCW 56.32.100 and 1975 1st ex.s. c 86 s 7 are each amended to read as follows:

    The respective boards of sewer commissioners of the districts shall certify the agreement to the county auditor of the county in which the largest amount of territory of the merging district is located.  Thereupon, the county auditor shall call ((a special)) an election for the purpose of submitting to the voters of the merging district the proposition of whether the merging district shall be merged into the merger district.  The election must be held at a general election.  Notice of the election shall be given and the election conducted in accordance with the general election laws.

 

    Sec. 94.  RCW 56.36.030 and 1971 ex.s. c 146 s 7 are each amended to read as follows:

    Whenever a merger is initiated in any of the three ways provided in RCW 56.36.020, the boards of the sewer and water commissioners of the respective districts involved shall enter into an agreement providing for the merger.  The agreement must be entered into within ninety days following completion of the last act required for initiation of the merger by any one of the means above specified, as provided in RCW 56.36.020.  Where two or more water districts seek to merge into a sewer district at or about the same time, there need be but one agreement of merger signed by the sewer district and such two or more water districts if the parties so agree.

    Upon entry of such agreement, the boards of the water and sewer commissioners shall file a notice of intention to merge together with a copy of ((said)) the agreement with the boundary review board, if any, of the county and the board shall review the proposed merger under ((the provisions of)) RCW 36.93.150 through 36.93.180.

    The respective boards of sewer and water commissioners of such districts shall certify such agreement to the county auditor of the county in which the districts are located within twenty days from date of execution of such agreement, with a certified copy thereof filed with the clerk of the board of county commissioners of such county.  Thereupon, unless the boundary review board has disapproved the proposed merger, the county auditor shall call ((a special)) an election for the purpose of submitting to the voters of the water district or of each of the two or more water districts involved the proposition of whether the water district shall be merged into the sewer district.  The election must be held at a general election.  Notice of the election shall be given, and the election conducted, in accordance with the general election laws.

 

    Sec. 95.  RCW 57.04.050 and 1994 c 292 s 2 are each amended to read as follows:

    Upon entry of the findings of the final hearing on the petition if one or more county legislative authorities find that the proposed district will be conducive to the public health, welfare, and convenience and be of special benefit to the land therein, they shall call ((a special)) an election by presenting a resolution to the county auditor at least forty‑five days ((prior to)) before the proposed election date.  ((A special election will be held on a date decided by the commissioners in accordance with RCW 29.13.010 and 29.13.020.))  The election must be held at a general election.  The commissioners shall cause to be published a notice of the election for four successive weeks in a newspaper of general circulation in the proposed district, which notice shall state the hours during which the polls will be open, the boundaries of the district as finally adopted and the object of the election, and the notice shall also be posted for ten days in ten public places in the proposed district.  In submitting the proposition to the voters, it shall be expressed on the ballots in the following terms:

 

    Water District......................................... YES  G

    Water District......................................... NO   G

 

giving the name of the district as provided in the petition.

    At the same election a proposition shall be submitted to the voters, for their approval or rejection, authorizing the water district, if formed, to levy at the earliest time permitted by law on all property located in the district a general tax for one year, in excess of the limitations provided by law, in the amount specified in the petition to create the district, not to exceed one dollar and twenty-five cents per thousand dollars of assessed value, for general preliminary expenses of the district.  The proposition may not appear at the September or November election.  The proposition shall be expressed on the ballots in the following terms:

 

One year . . . . . . dollars and . . . . . . cents per thousand dollars of assessed value tax................. YES  G

One year . . . . . . dollars and . . . . . . cents per thousand dollars of assessed value tax................. NO   G

 

Such proposition to be effective must be approved in the manner set forth in Article VII, section 2(a) of the state Constitution ((of this state, as amended by Amendment 59 and as thereafter amended)).

 

    Sec. 96.  RCW 57.08.012 and 1988 c 11 s 2 are each amended to read as follows:

    A water district by a majority vote of its board of commissioners may fluoridate the water supply system of the water district.  The commissioners may cause the proposition of fluoridation of the water supply to be submitted to the electors of the water district at any general election ((or special election to be called for the purpose of voting on the proposition)).  The proposition must be approved by a majority of the electors voting on the proposition to become effective.

 

    Sec. 97.  RCW 57.08.030 and 1933 c 142 s 2 are each amended to read as follows:

    Should the commissioners of any such water district decide that it would be to the advantage of the water consumers of such water district to make the conveyance provided for in RCW 57.08.020, they shall cause the proposition of making such conveyance to be submitted to the electors of the water district at any general election ((or at a special election to be called for the purpose of voting on the same)).  If at any such election a majority of the electors voting at such election shall be in favor of making such conveyance, the water district commissioners shall have the right to convey to such city or town the mains and laterals belonging to the water district upon such city or town entering into a contract satisfactory to the water commissioners to maintain and repair the same.

 

    Sec. 98.  RCW 57.16.020 and 1984 c 186 s 51 are each amended to read as follows:

    The commissioners may submit to the voters of the district at any general ((or special)) election((,)) a proposition that the district incur a general indebtedness payable from annual tax levies to be made in excess of the constitutional and/or statutory tax limitations for the construction of any part or all of the general comprehensive plan.  Elections shall be held as provided in RCW 39.36.050.  The proposition authorizing both the bond issue and imposition of excess bond retirement levies shall be adopted by three-fifths of the voters voting thereon, at which election the total number of persons voting on the proposition shall constitute not less than forty percent of the total number of votes cast in the water district at the last preceding general election.  Such bonds shall not be issued to run for a period longer than twenty years from the date of the issue.  Such bonds shall be issued and sold in accordance with chapter 39.46 RCW.  When the general comprehensive plan has been adopted the commissioners shall carry it out to the extent specified in the proposition to incur general indebtedness.

 

    Sec. 99.  RCW 57.24.020 and 1982 1st ex.s. c 17 s 22 are each amended to read as follows:

    When such petition is presented for hearing, the legislative authority of each county in which the territory proposed to be annexed is located shall hear the petition or may adjourn the hearing from time to time not exceeding one month in all, and any person, firm, or corporation may appear before the county legislative authority and make objections to the proposed boundary lines or to annexation of the territory described in the petition.  Upon a final hearing each county legislative authority shall make such changes in the proposed boundary lines within the county as they deem to be proper and shall establish and define such boundaries and shall find whether the proposed annexation as established by the county legislative authority to the water district will be conducive to the public health, welfare and convenience and will be of special benefit to the land included within the boundaries of the territory proposed to be annexed to the water district of the territory proposed to be annexed to the water district.  No lands which will not, in the judgment of the county legislative authority, be benefited by inclusion therein, shall be included within the boundaries of the territory as so established and defined.  No change shall be made by the county legislative authority in the boundary lines, including any territory outside of the boundary lines described in the petition.  No person having signed such petition shall be allowed to withdraw his or her name ((therefrom)) from the petition after the filing of the petition with the board of water commissioners.

    Upon the entry of the findings of the final hearing each county legislative authority, if ((they)) it finds the proposed annexation to be conducive to the public health, welfare, and convenience and to be of special benefit to the land proposed to be annexed and included within the boundaries of the district, shall give notice of ((a special)) an election to be held within the boundaries of the territory proposed to be annexed to the water district for the purpose of determining whether the same shall be annexed to the water district.  The election must be held at a general election.  The notice shall particularly describe the boundaries established by the county legislative authority, and shall state the name of the water district to which the territory is proposed to be annexed, and the notice shall be published in a newspaper of general circulation in the territory proposed to be annexed at least once a week for a minimum of two successive weeks ((prior to)) before the election and shall be posted for the same period in at least four public places within the boundaries of the territory proposed to be annexed, which notice shall designate the places within the territory proposed to be annexed where the election shall be held, and the proposition to the voters shall be expressed on ballots which contain the words:

 

                 For Annexation to Water District

                                or

               Against Annexation to Water District

 

The county legislative authority shall name the persons to act as judges at such election.

 

    Sec. 100.  RCW 57.24.190 and 1990 c 259 s 32 are each amended to read as follows:

    Such annexation resolution under RCW 57.24.180 shall be subject to referendum for forty-five days after the passage thereof.  Upon the filing of a timely and sufficient referendum petition with the board of commissioners, signed by registered voters in number equal to not less than ten percent of the registered voters in the area to be annexed who voted in the last general municipal election, the question of annexation shall be submitted to the voters of such area in a general election ((if one is to be held within ninety days or at a special election called for that purpose by the board of commissioners)) in accordance with RCW 29.13.010 and 29.13.020.  Notice of such election shall be given under RCW 57.24.020 and the election shall be conducted under RCW 57.24.040.  The annexation shall be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition thereto.

    After the expiration of the forty-fifth day from but excluding the date of passage of the annexation resolution, if no timely and sufficient referendum petition has been filed, the area annexed shall become a part of the water district upon the date fixed in the resolution of annexation upon transmitting the resolution to the county legislative authority.

 

    Sec. 101.  RCW 57.28.090 and 1982 1st ex.s. c 17 s 26 are each amended to read as follows:

    If the findings of any county legislative authority answer any of such questions of fact in the negative, or if any of the findings of the county legislative authority are not the same as the findings of the water district commissioners upon the same question, then in either of such events, the petition for withdrawal shall be deemed denied.  Thereupon, and in such event, the county legislative authority of each county in which the district is located shall by resolution cause ((a special)) an election to be held at a general election not less than thirty days ((or more than sixty days)) from the date of the final hearing of any county legislative authority upon the petition for withdrawal, at which election the proposition expressed on the ballots shall be substantially as follows:

 

    "Shall the territory established and defined by the water district commissioners at their meeting held on the  . . . . . . (insert date of final hearing of water district commissioners upon the petition for withdrawal) be withdrawn from water district . . . . . . (naming it).

 

                    YES G         NO G"

 

    Sec. 102.  RCW 57.32.022 and 1994 c 223 s 71 are each amended to read as follows:

    The respective boards of water commissioners of the consolidating districts shall certify the agreement to the county election officer of each county in which the districts are located.  ((A special)) An election shall be called by the county election officer for the purpose of submitting to the voters of each of the consolidating districts the proposition of whether or not the several districts shall be consolidated into one water district.  The proposition shall give the title of the proposed consolidated district.  The election must be at a general election.  Notice of the election shall be given and the election conducted in accordance with the general election laws.

 

    Sec. 103.  RCW 57.36.030 and 1982 1st ex.s. c 17 s 33 are each amended to read as follows:

    Whenever a merger is initiated in either of the two ways provided under this chapter, the boards of water commissioners of the two districts shall enter into an agreement providing for the merger.  ((Said)) The agreement must be entered into within ninety days following completion of the last act in initiation of the merger.

    The respective boards of water commissioners shall certify the agreement to the county election officer of each county in which the districts are located.  The county election officer shall call ((a special)) an election for the purpose of submitting to the voters of the merging district the proposition of whether the merging district shall be merged into the merger district.  The election must be at a general election.  Notice of the election shall be given and the election conducted in accordance with the general election laws.

 

    Sec. 104.  RCW 57.40.120 and 1971 ex.s. c 146 s 3 are each amended to read as follows:

    Whenever a merger is initiated in any of the three ways provided in RCW 57.40.110, the boards of the water and sewer commissioners of the respective districts involved shall enter into an agreement providing for the merger.  The agreement must be entered into within ninety days following completion of the last act required for initiation of the merger by any one of the means above specified, as provided in RCW 57.40.110.  Where two or more sewer districts seek to merge into a water district at or about the same time, there need be but one agreement of merger signed by the water district and such two or more sewer districts if the parties so agree.

    Upon entry of such agreement, the boards of the water and sewer commissioners shall file a notice of intention to merge together with a copy of ((said)) the agreement with the boundary review board, if any, of the county and the board shall review the proposed merger under ((the provisions of)) RCW 36.93.150 through 36.93.180.

    The respective boards of water and sewer commissioners of such districts shall certify such agreement to the county auditor of the county in which the districts are located within twenty days from date of execution of such agreement, with a certified copy thereof filed with the clerk of the board of county commissioners of such county.  Thereupon, unless the boundary review board has disapproved the proposed merger the county auditor shall call ((a special)) an election for the purpose of submitting to the voters of the sewer district or of each of the two or more sewer districts involved the proposition of whether the sewer district shall be merged into the water district.  The election must be held at a general election.  Notice of the election shall be given, and the election conducted, in accordance with the general election laws.

 

    Sec. 105.  RCW 67.38.110 and 1984 c 186 s 57 are each amended to read as follows:

    To carry out the purpose of this chapter, any cultural arts, stadium and convention district shall have the power to issue general obligation bonds for capital purposes only, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness equal to three-eighths of one percent of the value of taxable property within such district, as the term "value of taxable property" is defined in RCW 39.36.015.  A cultural arts, stadium and convention district is additionally authorized to issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to three-fourths of one percent of the value of the taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015, and to provide for the retirement thereof by excess levies when the voters approve a ballot proposition providing for both the bond issuance and imposition of such levies at ((a special)) an election held at a general election and called for that purpose in the manner prescribed by section 6, Article VIII and section 2, Article VII of the state Constitution and by RCW 84.52.056.  Elections shall be held as provided in RCW 39.36.050.  General obligation bonds may not be issued with maturities in excess of forty years.  Such bonds shall be issued and sold in accordance with chapter 39.46 RCW.

 

    Sec. 106.  RCW 67.38.130 and 1984 c 131 s 4 are each amended to read as follows:

    The governing body of a cultural arts, stadium and convention district may levy or cause to levy the following ad valorem taxes:

    (1) Regular ad valorem property tax levies in an amount equal to twenty-five cents or less per thousand dollars of the assessed value of property in the district in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the electors thereof approving a proposition authorizing the levies submitted at a general ((or special)) election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty ((percentum)) percent of the total votes cast in such taxing district at the last preceding general election; or by a majority of at least three-fifths of the electors thereof voting on the proposition when the number of electors voting yes on the proposition exceeds forty ((percentum)) percent of the total votes cast in such taxing district in the last preceding general election.  Ballot propositions shall conform with RCW 29.30.111.

    In the event a cultural arts, stadium and convention district is levying property taxes, which in combination with property taxes levied by other taxing districts subject to the one percent limitation provided for in Article VII, section 2, of ((our)) the state Constitution result in taxes in excess of the limitation provided for in RCW 84.52.043, the cultural arts, stadium and convention district property tax levy shall be reduced or eliminated before the property tax levies of other taxing districts are reduced:  PROVIDED, That no cultural arts, stadium, and convention district may pledge anticipated revenues derived from the property tax ((herein)) authorized under this section as security for payments of bonds issued ((pursuant to)) under subsection (1) of this section:  PROVIDED, FURTHER, That such limitation shall not apply to property taxes approved ((pursuant to)) under subsections (2) and (3) of this section.

    The limitation in RCW 84.55.010 shall apply to levies after the first levy authorized under this section following the approval of such levy by voters ((pursuant to)) under this section.

    (2) An annual excess ad valorem property tax for general district purposes when authorized by the district voters in the manner prescribed by section 2, Article VII of the state Constitution and by RCW 84.52.052.

    (3) Multi-year excess ad valorem property tax levies used to retire general obligation bond issues when authorized by the district voters in the manner prescribed by section 2, Article VII of the state Constitution and by RCW 84.52.056.

    The district shall include in its regular property tax levy for each year a sum sufficient to pay the interest and principal on all outstanding general obligation bonds issued without voter approval ((pursuant to)) under RCW 67.38.110 and may include a sum sufficient to create a sinking fund for the redemption of all outstanding bonds.

 

    Sec. 107.  RCW 68.52.150 and 1947 c 6 s 7 are each amended to read as follows:

    Except as otherwise provided in this chapter, the election shall insofar as possible be called, noticed, held, conducted, and canvassed in the same manner and by the same officials as provided by law for ((special)) general elections in the county.  For the purpose of such election county voting precincts may be combined or divided and redefined, and the territory in the district shall be included in one or more election precincts as may be deemed convenient, a polling place being designated for each such precinct.  The notice of election shall state generally and briefly the purpose thereof, shall give the boundaries of the proposed district, define the election precinct or precincts, designate the polling place for each, mention the names of the candidates for first cemetery district commissioners, and name the day of the election and the hours during which the polls will be open.

 

    Sec. 108.  RCW 68.52.250 and 1990 c 259 s 34 are each amended to read as follows:

    Special elections submitting propositions to the registered voters of the district may be called at any time by resolution of the cemetery commissioners in accordance with RCW 29.13.010 and 29.13.020, and shall be called, noticed, held, conducted, and canvassed in the same manner and by the same officials as provided for the election to determine whether the district shall be created.  However, a matter that directly imposes or increases a tax, levy, assessment, charge, or fee may only be voted on at a general election.

 

    Sec. 109.  RCW 68.54.010 and 1990 c 259 s 35 are each amended to read as follows:

    Any territory contiguous to a cemetery district and not within the boundaries of a city or town other than as set forth in RCW 68.52.210 or other cemetery district may be annexed to such cemetery district by petition of ten percent of the registered voters residing within the territory proposed to be annexed who voted in the last general municipal election.  Such petition shall be filed with the cemetery commissioners of the cemetery district and if the cemetery commissioners shall concur in the petition they shall then file such petition with the county auditor who shall within thirty days from the date of filing such petition examine the signatures thereof and certify to the sufficiency or insufficiency thereof.  After the county auditor shall have certified to the sufficiency of the petition, the proceedings thereafter by the county legislative authority, and the rights and powers and duties of the county legislative authority, petitioners and objectors and the election and canvass thereof shall be the same as in the original proceedings to form a cemetery district:  PROVIDED, That the county legislative authority shall have authority and it shall be its duty to determine on an equitable basis, the amount of obligation which the territory to be annexed to the district shall assume, if any, to place the taxpayers of the existing district on a fair and equitable relationship with the taxpayers of the territory to be annexed by reason of the benefits of coming into a going district previously supported by the taxpayers of the existing district, and such obligation may be paid to the district in yearly installments to be fixed by the county legislative authority if within the limits as outlined in RCW 68.52.310 and included in the annual tax levies against the property in such annexed territory until fully paid.  The amount of the obligation and the plan of payment thereof filed by the county legislative authority shall be set out in general terms in the notice of election for annexation:  PROVIDED, That the ((special)) election shall be held only at a general election and within the boundaries of the territory proposed to be annexed to the cemetery district.  Upon the entry of the order of the county legislative authority incorporating such contiguous territory within such existing cemetery district, the territory shall become subject to the indebtedness, bonded or otherwise, of the existing district in like manner as the territory of the district.  Should such petition be signed by sixty percent of the registered voters residing within the territory proposed to be annexed, and should the cemetery commissioners concur therein, an election in such territory and a hearing on such petition shall be dispensed with and the county legislative authority shall enter its order incorporating such territory within the existing cemetery district.

 

    Sec. 110.  RCW 68.54.050 and 1969 ex.s. c 78 s 5 are each amended to read as follows:

    If the auditor finds that the petition contains the signatures of a sufficient number of qualified electors, ((he)) the auditor shall return it, together with ((his)) the auditor's certificate of sufficiency attached thereto, to the board of the merging district.  Thereupon such board shall adopt a resolution, calling ((a special)) an election in the merging district, at which shall be submitted to the electors thereof, the question of the merger.  The election must be held at a general election.

 

    Sec. 111.  RCW 70.44.020 and 1990 c 259 s 38 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 a county may, or on petition of ten percent of the registered voters of the county based on the total vote cast in the last general county election, shall, by resolution, submit to the voters of the county the proposition of creating a public hospital district coextensive with the limits of the county.  The petition shall be filed with the county auditor, who shall within fifteen days examine the signatures thereon and certify to the sufficiency thereof, and for that purpose the auditor shall have access to all registration books in the possession of election officers in the county.  If the petition is found to be insufficient, it shall be returned to the persons filing it, who may amend or add names thereto for ten days, when it shall be returned to the auditor, who shall have an additional fifteen days to examine it and attach the certificate thereto.  No person signing the petition may withdraw his or her name therefrom after filing.  When the petition is certified as sufficient, the auditor shall forthwith transmit it, together with the certificate of sufficiency attached thereto, to the county legislative authority, who shall immediately transmit the proposition to the supervisor of elections or other election officer of the county((, and he)).  The supervisor of elections or other election officer of the county shall then submit the proposition to the voters at the next general election or, if ((such)) the petition so requests, shall call ((a special)) an election on such proposition in accordance with RCW 29.13.010 and 29.13.020.  The election must be held at a general election.  The notice of the election shall state the boundaries of the proposed district and the object of the election, and shall in other respects conform to the requirements of law governing the time and manner of holding elections.  In submitting the question to the voters, the proposition shall be expressed on the ballot substantially in the following terms:

 

    For public hospital district No. . . . .

    Against public hospital district No. . . . .

 

    Sec. 112.  RCW 70.44.060 and 1990 c 234 s 2 are each amended to read as follows:

    All public hospital districts organized under ((the provisions of)) this chapter shall have power:

    (1) To make a survey of existing hospital and other health care facilities within and without such district.

    (2) To construct, condemn and purchase, purchase, acquire, lease, add to, maintain, operate, develop and regulate, sell and convey all lands, property, property rights, equipment, hospital and other health care facilities and systems for the maintenance of hospitals, buildings, structures, and any and all other facilities, and to exercise the right of eminent domain to effectuate the foregoing purposes or for the acquisition and damaging of the same or property of any kind appurtenant ((thereto)) to the property, and such right of eminent domain shall be exercised and instituted ((pursuant to)) under a resolution of the commission and conducted in the same manner and by the same procedure as in or may be provided by law for the exercise of the power of eminent domain by incorporated cities and towns of the state of Washington in the acquisition of property rights:  PROVIDED, That no public hospital district shall have the right of eminent domain and the power of condemnation against any health care facility.

    (3) To lease existing hospital and other health care facilities and equipment and/or other property used in connection therewith, including ambulances, and to pay such rental therefor as the commissioners shall deem proper; to provide hospital and other health care services for residents of ((said)) the district by facilities located outside the boundaries of ((said)) the district, by contract or in any other manner ((said)) the commissioners may deem expedient or necessary under the existing conditions; and ((said)) the hospital district shall have the power to contract with other communities, corporations, or individuals for the services provided by ((said)) the hospital district; and they may further receive in ((said)) the hospitals and other health care facilities and furnish proper and adequate services to all persons not residents of ((said)) the district at such reasonable and fair compensation as may be considered proper((:  PROVIDED, That)).  However, it must at all times make adequate provision for the needs of the district and residents of ((said)) the district shall have prior rights to the available hospital and other health care facilities of ((said)) the district((,)) at rates set by the district commissioners.

    (4) For the purpose ((aforesaid)) of subsections (1) through (3) of this section, it shall be lawful for any district so organized to take, condemn and purchase, lease, or acquire, any and all property, and property rights, including state and county lands, for any of the purposes ((aforesaid)) of subsections (1) through (3) of this section, and any and all other facilities necessary or convenient, and in connection with the construction, maintenance, and operation of any such hospitals and other health care facilities, subject, however, to the applicable limitations provided in subsection (2) of this section.

    (5) To contract indebtedness or borrow money for corporate purposes on the credit of the corporation or the revenues of the hospitals thereof, and the revenues of any other facilities or services that the district is ((or hereafter may be)) authorized by law to provide, and to issue and sell:  (a) Revenue bonds, revenue warrants, or other revenue obligations therefor payable solely out of a special fund or funds into which the district may pledge such amount of the revenues of the hospitals thereof, and the revenues of any other facilities or services that the district is or hereafter may be authorized by law to provide, to pay the same as the commissioners of the district may determine, such revenue bonds, warrants, or other obligations to be issued and sold in the same manner and subject to the same provisions as provided for the issuance of revenue bonds, warrants, or other obligations by cities or towns under the Municipal Revenue Bond Act, chapter 35.41 RCW((, as may hereafter be amended)); (b) general obligation bonds therefor in the manner and form as provided in RCW 70.44.110 and 70.44.130((, as may hereafter be amended)); or (c) interest-bearing warrants to be drawn on a fund pending deposit in such fund of money sufficient to redeem such warrants and to be issued and paid in such manner and upon such terms and conditions as the board of commissioners may deem to be in the best interest of the district; and to assign or sell hospital accounts receivable, and accounts receivable for the use of other facilities or services that the district is ((or hereafter may be)) authorized by law to provide, for collection with or without recourse.  General obligation bonds shall be issued and sold in accordance with chapter 39.46 RCW.  Revenue bonds, revenue warrants, or other revenue obligations may be issued and sold in accordance with chapter 39.46 RCW.

    (6) To raise revenue by the levy of an annual tax on all taxable property within such public hospital district not to exceed fifty cents per thousand dollars of assessed value, and an additional annual tax on all taxable property within such public hospital district not to exceed twenty-five cents per thousand dollars of assessed value, or such further amount as has been or shall be authorized by a vote of the people.  Although public hospital districts are authorized to impose two separate regular property tax levies, the levies shall be considered to be a single levy for purposes of the one hundred six percent limitation provided for in chapter 84.55 RCW.  Public hospital districts are authorized to levy such a general tax in excess of their regular property taxes when authorized so to do at a ((special)) general election conducted in accordance with and subject to ((all of the requirements of)) the state Constitution and the laws of the state of Washington ((now in force or hereafter enacted)) governing the limitation of tax levies.  The ((said)) board of district commissioners is authorized and empowered to call a special election for the purpose of submitting to the qualified voters of the hospital district a proposition or propositions to levy taxes in excess of its regular property taxes.  The superintendent shall prepare a proposed budget of the contemplated financial transactions for the ensuing year and file the same in the records of the commission on or before the first Monday in September.  Notice of the filing of ((said)) the proposed budget and the date and place of hearing on the same shall be published for at least two consecutive weeks in a newspaper printed and of general circulation in ((said)) the county.  On the first Monday in October the commission shall hold a public hearing on ((said)) the proposed budget at which any taxpayer may appear and be heard against the whole or any part of the proposed budget.  Upon the conclusion of ((said)) the hearing, the commission shall, by resolution, adopt the budget as finally determined and fix the final amount of expenditures for the ensuing year.  Taxes levied by the commission shall be certified to and collected by the proper county officer of the county in which such public hospital district is located in the same manner as is or may be provided by law for the certification and collection of port district taxes.  The commission is authorized, ((prior to)) before the receipt of taxes raised by levy, to borrow money or issue warrants of the district in anticipation of the revenue to be derived by such district from the levy of taxes for the purpose of such district, and such warrants shall be redeemed from the first money available from such taxes when collected, and such warrants shall not exceed the anticipated revenues of one year, and shall bear interest at a rate or rates as authorized by the commission.

    (7) To enter into any contract with the United States government or any state, municipality, or other hospital district, or any department of those governing bodies, for carrying out any of the powers authorized by this chapter.

    (8) To sue and be sued in any court of competent jurisdiction:  PROVIDED, That all suits against the public hospital district shall be brought in the county in which the public hospital district is located.

    (9) To pay actual necessary travel expenses and living expenses incurred while in travel status for (a) qualified physicians who are candidates for medical staff positions, and (b) other qualified persons who are candidates for superintendent or other managerial and technical positions, when the district finds that hospitals or other health care facilities owned and operated by it are not adequately staffed and determines that personal interviews with ((said)) the candidates to be held in the district are necessary or desirable for the adequate staffing of ((said)) the facilities.

    (10) To make contracts, employ superintendents, attorneys, and other technical or professional assistants and all other employees; to make contracts with private or public institutions for employee retirement programs; to print and publish information or literature; and to do all other things necessary to carry out ((the provisions of)) this chapter.

 

    Sec. 113.  RCW 70.44.220 and 1967 c 227 s 7 are each amended to read as follows:

    Notice of such hearing shall be published once a week for at least two consecutive weeks in one or more newspapers of general circulation within the territory proposed to be annexed.  The notice shall contain a description of the boundaries of the territory proposed to be annexed and shall state the time and place of the hearing thereon and the fact that any changes in the boundaries of such territory will be considered at such time and place.  At such hearing or any continuation thereof, any interested person may appear and be heard on all matters relating to the proposed annexation.  The district commissioners may make such changes in the boundaries of the territory proposed to be annexed as it shall deem reasonable and proper, but may not delete any portion of the proposed area which will create an island of included or excluded lands.  If the district commissioners shall determine that any additional territory should be included in the territory to be annexed, a second hearing shall be held and notice given in the same manner as for the original hearing.  The district commissioners may adjourn the hearing on the proposed annexation from time to time not exceeding thirty days in all.  At the next regular meeting following the conclusion of such hearing, the district commissioners shall, if it finds that the annexation of such territory will be conducive to the welfare and benefit of the persons and property therein and the welfare and benefit of the persons and property within the public hospital district, adopt a resolution fixing the boundaries of the territory to be annexed and causing to be called ((a special)) an election on such annexation to be held at a general election not ((more than one hundred twenty days nor)) less than sixty days following the adoption of such resolution.

 

    Sec. 114.  RCW 70.44.235 and 1987 c 138 s 4 are each amended to read as follows:

    (1) As provided in this section, a public hospital district may withdraw areas from its boundaries, or reannex areas into the public hospital district that previously had been withdrawn from the public hospital district under this section.

    (2) The withdrawal of an area shall be authorized upon:  (a) Adoption of a resolution by the hospital district commissioners requesting the withdrawal and finding that, in the opinion of the commissioners, inclusion of this area within the public hospital district will result in a reduction of the district's tax levy rate under ((the provisions of)) RCW 84.52.010; and (b) adoption of a resolution by the city or town council approving the withdrawal, if the area is located within the city or town, or adoption of a resolution by the county legislative authority of the county within which the area is located approving the withdrawal, if the area is located outside of a city or town.  A withdrawal shall be effective at the end of the day on the thirty-first day of December in the year in which the resolutions are adopted, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution.

    The withdrawal of an area from the boundaries of a public hospital district shall not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of the public hospital district existing at the time of the withdrawal.

    (3) An area that has been withdrawn from the boundaries of a public hospital district under this section may be reannexed into the public hospital district upon:  (a) Adoption of a resolution by the hospital district commissioners proposing the reannexation; and (b) adoption of a resolution by the city or town council approving the reannexation, if the area is located within the city or town, or adoption of a resolution by the county legislative authority of the county within which the area is located approving the reannexation, if the area is located outside of a city or town.  The reannexation shall be effective at the end of the day on the thirty-first day of December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution.  Referendum action on the proposed reannexation may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the city or town council, or county legislative authority, within a thirty-day period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed to be reannexed equal in number to ten percent of the total number of the registered voters residing in that area.

    If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions shall be held in abeyance and a ballot proposition to authorize the reannexation shall be submitted to the voters of the area at the next ((special)) general election ((date specified in RCW 29.13.020)) that occurs forty-five or more days after the petitions have been validated.  Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation.

 

    Sec. 115.  RCW 70.44.350 and 1982 c 84 s 5 are each amended to read as follows:

    An existing public hospital district upon resolution of its board of commissioners may be divided into two new public hospital districts, in the manner provided in RCW 70.44.350 through 70.44.380, subject to the approval of the plan therefor by the superior court in the county where such district is located and by a majority of the voters voting on the proposition for such approval at ((a special)) an election to be held at a general election in each of the proposed new districts.  The board of commissioners of an existing district shall by resolution or resolutions find that such division is in the public interest; adopt and approve a plan of division; authorize the filing of a petition in the superior court in the county in which the district is located to obtain court approval of the plan of division; request the calling of ((a special)) an election to be held, following such court approval, for the purpose of submitting to the voters in each of the proposed new districts the proposition of whether the plan of division should be approved and carried out; and direct all officers and employees of the existing district to take whatever actions are reasonable and necessary in order to carry out the division, subject to the approval of the plan therefor by the court and the voters.

 

    Sec. 116.  RCW 70.44.380 and 1982 c 84 s 8 are each amended to read as follows:

    Following the entry of the court order ((pursuant to)) under RCW 70.44.370, the county officer authorized to call and conduct elections in the county in which the existing district is located shall call ((a special)) an election as provided by the resolution of the board of commissioners of such district for the purpose of submitting to the voters in each of the proposed new districts the proposition of whether the plan of division should be approved and carried out.  The election must be held at a general election.  Notice of the election describing the boundaries of the proposed new districts and stating the objects of the election shall be given and the election conducted in accordance with the general election laws.  The proposition expressed on the ballots at such election shall be substantially as follows:

 

"Shall the plan of division of public hospital district No. . . . ., approved by the Superior Court on . . . . . . (insert date), be approved and carried out?

 

               Yes G              No G"

 

At such election three commissioners for each of the proposed new districts nominated by petition ((pursuant to)) under RCW 54.12.010 shall be elected to hold office ((pursuant to)) under RCW 70.44.040.  If at such election a majority of the voters voting on the proposition in each of the proposed new districts shall vote in favor of the plan of division, the county canvassing board shall so declare in its canvass of the returns of such election and upon the filing of the certificate of such canvass:  The division of the existing district shall be effective; such original district shall cease to exist; the creation of the two new public hospital districts shall be complete; all assets of the original district shall vest in and become the property of the new districts, respectively, ((pursuant to)) under the plan of division; all the outstanding obligations of the original district shall be assumed by the new districts, respectively, ((pursuant to such)) under the plan; the commissioners of the original district shall cease to hold office; and the affairs of the new districts shall be governed by the newly elected commissioners of such respective new districts.  Unless commenced within thirty days after the date of the filing of the certificate of the canvass of such election, no lawsuit whatever may be maintained challenging in any way the legal existence of the resulting new districts, the validity of the proceedings had for the organization and creation thereof, or the lawfulness of the plan of division.  Upon the petition of either or both new districts, the superior court in the county where they are located may take whatever actions are reasonable and necessary to complete or confirm the carrying out of such plan.

 

    Sec. 117.  RCW 70.94.091 and 1973 1st ex.s. c 195 s 84 are each amended to read as follows:

    An activated authority shall have the power to levy additional taxes in excess of the constitutional and/or statutory tax limitations for any of the authorized purposes of such activated authority, not in excess of twenty-five cents per thousand dollars of assessed value a year when authorized so to do by the electors of such authority by a three-fifths majority of those voting on the proposition at ((a special)) an election, to be held at the general election in the year in which the levy is made, in the manner set forth in Article VII, section 2(a) of the state Constitution ((of this state, as amended by Amendment 59 and as thereafter amended)).  ((Nothing herein shall be construed to prevent holding the foregoing special election at the same time as that fixed for a general election.))  The expense of all special elections held ((pursuant to)) under this section shall be paid by the authority.

 

    Sec. 118.  RCW 80.52.050 and 1982 c 88 s 1 are each amended to read as follows:

    The election required under RCW 80.52.040 shall be conducted in the manner provided in this section.

    (1)(a) If the applicant is a public utility district, joint operating agency, city, or county, the election shall be among the voters of the public utility district, city, or county, or among the voters of the local governmental entities comprising the membership of the joint operating agency.

    (b) If the applicant is any public agency other than those described in subsection (1)(a) of this section, or is an assignee of a joint operating agency and not itself a joint operating agency, the election shall be conducted state-wide in the manner provided in Title 29 RCW for state-wide elections.

    (2) The election shall be held at the next state-wide general election occurring more than ninety days after submission of a request by an applicant to the secretary of state ((unless a special election is requested by the applicant as provided in this section)).

    (3) ((If no state-wide election can be held under subsection (2) of this section within one hundred twenty days of the submission to the secretary of state of a request by an applicant for financing authority under this chapter, the applicant may request that a special election be held if such election is necessary to avoid significant delay in construction or acquisition of the energy project.  Within ten days of receipt of such a request for a special election, the secretary of state shall designate a date for the election pursuant to RCW 29.13.010 and certify the date to the county auditor of each county in which an election is to be held under this section.

    (4) Prior to)) Before an election under this section, the applicant shall submit to the secretary of state a cost-effectiveness study, prepared by an independent consultant approved by the state finance committee, pertaining to the major public energy project under consideration.  The study shall be available for public review and comment for thirty days.  At the end of the thirty-day period, the applicant shall prepare a final draft of the study which includes the public comment, if any.

    (((5))) (4) The secretary of state shall certify the ballot issue for the election to be held under this section to the county auditor of each county in which an election is to be held.  The certification shall include the statement of the proposition as provided in RCW 80.52.060.  The costs of the election shall be relieved by the applicant in the manner provided by RCW 29.13.045.  In addition, the applicant shall reimburse the secretary of state for the applicant's share of the costs related to the preparation and distribution of the voters' pamphlet required by subsection (((6))) (5) of this section and such other costs as are attributable to any election held ((pursuant to)) under this section.

    (((6) Prior to)) (7) Before an election under this section, the secretary of state shall provide an opportunity for supporters and opponents of the requested financing authority to present their respective views in a voters' pamphlet which shall be distributed to the voters of the local governmental entities participating in the election.  Upon submission of an applicant's request for an election ((pursuant to)) under this section, the applicant shall provide the secretary of state with the following information regarding each major public energy project for which the applicant seeks financing authority at such election, which information shall be included in the voters' pamphlet:

    (a) The name, location, and type of major public energy project, expressed in common terms;

    (b) The dollar amount and type of bonds being requested;

    (c) If the bond issuance is intended to finance the acquisition of all or a portion of the project, the anticipated total cost of the acquisition of the project;

    (d) If the bond issuance is intended to finance the planning or construction of all or a portion of the project, the anticipated total cost of construction of the project;

    (e) The projected average rate increase for consumers of the electricity to be generated by the project.  The rate increase shall be that which will be necessary to repay the total indebtedness incurred for the project, including estimated interest;

    (f) A summary of the final cost-effectiveness study conducted under subsection (((4))) (3) of this section;

    (g) The anticipated functional life of the project; and

    (h) The anticipated decommissioning costs of the project((; and

    (i) If a special election is requested by the applicant, the reasons for requesting a special election)).

 

    Sec. 119.  RCW 82.14.036 and 1983 c 99 s 2 are each amended to read as follows:

    Any referendum petition to repeal a county or city ordinance imposing a tax or altering the rate of the tax authorized under RCW 82.14.030(2) shall be filed with a filing officer, as identified in the ordinance, within seven days of passage of the ordinance.  Within ten days, the filing officer 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 so that an affirmative answer to the question and an affirmative vote on the measure results in the tax or tax rate increase being imposed and a negative answer to the question and a negative vote on the measure results in the tax or tax rate increase not being imposed.  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 fifteen percent of the registered voters of the county for county measures, or not less than fifteen percent of the registered voters of the city for city measures, and to file the signed petitions with the filing officer.  Each petition form shall contain the ballot title and the full text of the measure to be referred.  The filing officer shall verify the sufficiency of the signatures on the petitions.  If sufficient valid signatures are properly submitted, the filing officer shall submit the referendum measure to the county or city voters at a general ((or special)) election ((held on one of the dates provided in RCW 29.13.010 as determined by the county legislative authority or city council, which election shall not take place later than one hundred twenty days after the signed petition has been filed with the filing officer)).

    After April 22, 1983, the referendum procedure provided in this section shall be the exclusive method for subjecting any county or city ordinance imposing a tax or altering the rate under RCW 82.14.030(2) to a referendum vote.

    Any county or city tax authorized under RCW 82.14.030(2) that has been imposed ((prior to)) before April 22, 1983, is not subject to the referendum procedure provided for in this section.

 

    Sec. 120.  RCW 82.46.021 and 1983 c 99 s 3 are each amended to read as follows:

    Any referendum petition to repeal a county or city ordinance imposing a tax or altering the rate of the tax authorized under RCW 82.46.010(((2))) (3) shall be filed with a filing officer, as identified in the ordinance, within seven days of passage of the ordinance.  Within ten days, the filing officer 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 so that an affirmative answer to the question and an affirmative vote on the measure results in the tax or tax rate increase being imposed and a negative answer to the question and a negative vote on the measure results in the tax or tax rate increase not being imposed.  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 fifteen percent of the registered voters of the county for county measures, or not less than fifteen percent of the registered voters of the city for city measures, and to file the signed petitions with the filing officer.  Each petition form shall contain the ballot title and the full text of the measure to be referred.  The filing officer shall verify the sufficiency of the signatures on the petitions.  If sufficient valid signatures are properly submitted, the filing officer shall submit the referendum measure to the county or city voters at a general ((or special)) election ((held on one of the dates provided in RCW 29.13.010 as determined by the county legislative authority or city council, which election shall not take place later than one hundred twenty days after the signed petition has been filed with the filing officer)).

    After April 22, 1983, the referendum procedure provided for in this section shall be the exclusive method for subjecting any county or city ordinance imposing a tax or increasing the rate under RCW 82.46.010(((2))) (3) to a referendum vote.

    Any county or city tax authorized under RCW 82.46.010(((2)))(3) that has been imposed ((prior to)) before April 22, 1983, is not subject to the referendum procedure provided for in this section.

 

    Sec. 121.  RCW 82.46.035 and 1992 c 221 s 3 and 1991 sp.s. c 32 s 33 are each reenacted and amended to read as follows:

    (1) The legislative authority of any county or city shall identify in the adopted budget the capital projects funded in whole or in part from the proceeds of the tax authorized in this section, and shall indicate that such tax is intended to be in addition to other funds that may be reasonably available for such capital projects.

    (2) The legislative authority of any county or any city that plans under RCW 36.70A.040(1) may impose an additional excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-quarter of one percent of the selling price.  Any county choosing to plan under RCW 36.70A.040(2) and any city within such a county may only adopt an ordinance imposing the excise tax authorized by this section if the ordinance is first authorized by a proposition approved by a majority of the voters of the taxing district voting on the proposition at a general election held within the district ((or at a special election within the taxing district called by the district for the purpose of submitting such proposition to the voters)).

    (3) Revenues generated from the tax imposed under subsection (2) of this section shall be used by such counties and cities solely for financing capital projects specified in a capital facilities plan element of a comprehensive plan.  However, revenues:  (a) Pledged by such counties and cities to debt retirement ((prior to)) before March 1, 1992, may continue to be used for that purpose until the original debt for which the revenues were pledged is retired((,)); or (b) committed ((prior to)) before March 1, 1992, by such counties or cities to a project may continue to be used for that purpose until the project is completed.

    (4) Revenues generated by the tax imposed by this section shall be deposited in a separate account.

    (5) As used in this section, "city" means any city or town and "capital project" means those public works projects of a local government for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, or improvement of streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, bridges, domestic water systems, storm and sanitary sewer systems, and planning, construction, reconstruction, repair, rehabilitation, or improvement of parks.

    (6) When the governor files a notice of noncompliance under RCW 36.70A.340 with the secretary of state and the appropriate county or city, the county or city's authority to impose the additional excise tax under this section shall be temporarily rescinded until the governor files a subsequent notice rescinding the notice of noncompliance.

 

    Sec. 122.  RCW 82.46.070 and 1990 1st ex.s. c 5 s 3 are each amended to read as follows:

    (1) Subject to subsection (2) of this section, the legislative authority of any county may impose an additional excise tax on each sale of real property in the county at a rate not to exceed one percent of the selling price.  The proceeds of the tax shall be used exclusively for the acquisition and maintenance of conservation areas.

    The taxes imposed under this subsection shall be imposed in the same manner and on the same occurrences, and are subject to the same conditions, as the taxes under chapter 82.45 RCW, except:

    (a) The tax shall be the obligation of the purchaser; and

    (b) The tax does not apply to the acquisition of conservation areas by the county.

    The county may enforce the obligation through an action of debt against the purchaser or may foreclose the lien on the property in the same manner prescribed for the foreclosure of mortgages.

    The tax shall take effect thirty days after the election at which the taxes are authorized.

    (2) No tax may be imposed under subsection (1) of this section unless approved by a majority of the voters of the county voting thereon for a specified period and maximum rate after:

    (a) The adoption of a resolution by the county legislative authority of the county proposing this action; or

    (b) The filing of a petition proposing this action with the county auditor, which petition is signed by county voters at least equal in number to ten percent of the total number of voters in the county who voted at the last preceding general election.

    The ballot proposition shall be submitted to the voters of the county at the next general election occurring at least sixty days after a petition is filed((, or at any special election prior to this general election that has been called for such purpose by the county legislative authority)).

    (3) A plan for the expenditure of the excise tax proceeds shall be prepared by the county legislative authority at least sixty days before the election if the proposal is initiated by resolution of the county legislative authority, or within six months after the tax has been authorized by the voters if the proposal is initiated by petition.  ((Prior to)) Before the adoption of this plan, the elected officials of cities located within the county shall be consulted and a public hearing shall be held to obtain public input.  The proceeds of this excise tax must be expended in conformance with this plan.

    (4) As used in this section, "conservation area" has the meaning given under RCW 36.32.570.

 

    Sec. 123.  RCW 82.47.020 and 1991 c 173 s 1 are each amended to read as follows:

    The legislative authority of a border area jurisdiction may, by resolution for the purposes authorized in this chapter and by approval of a majority of the registered voters of the jurisdiction voting on the proposition at a general ((or special)) election, fix and impose an excise tax on the retail sale of motor vehicle fuel and special fuel within the jurisdiction.  An election held under this section must be held not more than twelve months before the date on which the proposed tax is to be levied.  The ballot setting forth the proposition shall state the tax rate that is proposed.  The rate of such tax shall be in increments of one-tenth of a cent per gallon and shall not exceed one cent per gallon.

    The tax imposed in this section shall be collected and paid to the jurisdiction but once in respect to any motor vehicle fuel or special fuel.  This tax shall be in addition to any other tax authorized or imposed by law.

    For purposes of this chapter, the term "border area jurisdictions" means all cities and towns within ten miles of an international border crossing and any transportation benefit district established under RCW 36.73.020 which has within its boundaries an international border crossing.

 

    Sec. 124.  RCW 82.80.010 and 1991 c 339 s 12 are each amended to read as follows:

    (1) Subject to the conditions of this section, any county may levy, by approval of its legislative body and a majority of the registered voters of the county voting on the proposition at a general ((or special)) election, additional excise taxes equal to ten percent of the state-wide motor vehicle fuel tax rate under RCW 82.36.025 on each gallon of motor vehicle fuel as defined in RCW 82.36.010(2) and on each gallon of special fuel as defined in RCW 82.38.020(5) sold within the boundaries of the county.  Vehicles paying an annual license fee under RCW 82.38.075 are exempt from the county fuel excise tax.  An election held under this section must be held not more than twelve months before the date on which the proposed tax is to be levied.  The ballot setting forth the proposition shall state the tax rate that is proposed.  The county's authority to levy additional excise taxes under this section includes the incorporated and unincorporated areas of the county.  The additional excise taxes are subject to the same exceptions and rights of refund as applicable to other motor vehicle fuel and special fuel excise taxes levied under chapters 82.36 and 82.38 RCW.  The proposed tax shall not be levied less than one month from the date the election results are certified by the county election officer.  The commencement date for the levy of any tax under this section shall be the first day of January, April, July, or October.

    (2) Every person subject to the tax shall pay, in addition to any other taxes provided by law, an additional excise tax to the director of licensing at the rate levied by a county exercising its authority under this section.

    (3) The state treasurer shall distribute monthly to the levying county and cities contained therein the proceeds of the additional excise taxes collected under this section, after the deductions for payments and expenditures as provided in RCW 46.68.090 (1) and (2) and under the conditions and limitations provided in RCW 82.80.080.

    (4) The proceeds of the additional excise taxes levied under this section shall be used strictly for transportation purposes in accordance with RCW 82.80.070.

    (5) The department of licensing shall administer and collect the county fuel taxes.  The department shall deduct a percentage amount, as provided by contract, for administrative, collection, refund, and audit expenses incurred.  The remaining proceeds shall be remitted to the custody of the state treasurer for monthly distribution under RCW 82.80.080.

 

    Sec. 125.  RCW 82.80.090 and 1990 c 42 s 214 are each amended to read as follows:

    A referendum petition to repeal a county or city ordinance imposing a tax or fee authorized under RCW 82.80.020 and 82.80.030 must be filed with a filing officer, as identified in the ordinance, within seven days of passage of the ordinance.  Within ten days, the filing officer 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 so that an affirmative answer to the question and an affirmative vote on the measure results in the tax or fee being imposed and a negative answer to the question and a negative vote on the measure results in the tax or fee not being imposed.  The petitioner shall be notified of the identification number and ballot title within this ten-day period.

    After this notification, the petitioner has thirty days in which to secure on petition forms the signatures of not less than fifteen percent of the registered voters of the county for county measures, or not less than fifteen percent of the registered voters of the city for city measures, and to file the signed petitions with the filing officer.  Each petition form must contain the ballot title and the full text of the measure to be referred.  The filing officer shall verify the sufficiency  of the signatures on the petitions.  If sufficient valid signatures are properly submitted, the filing officer shall submit the referendum measure to the county or city voters at a general ((or special)) election ((held on one of the dates provided in RCW 29.13.010 as determined by the county or city legislative authority, which election shall not take place later than one hundred twenty days after the signed petition has been filed  with the filing officer)).

    The referendum procedure provided in this section is the exclusive method for subjecting any county or city ordinance imposing a tax or fee under RCW 82.80.020 and 82.80.030 to a referendum vote.

 

    Sec. 126.  RCW 84.09.030 and 1994 c 292 s 4 are each amended to read as follows:

    Except as follows, the boundaries of counties, cities and all other taxing districts, for purposes of property taxation and the levy of property taxes, shall be the established official boundaries of such districts existing on the first day of March of the year in which the property tax levy is made.

    The official boundaries of a newly incorporated taxing district shall be established at a different date in the year in which the incorporation occurred as follows:

    (1) Boundaries for a newly incorporated city shall be established on the last day of March of the year in which the initial property tax levy is made, and the boundaries of a road district, library district, or fire protection district or districts, that include any portion of the area that was incorporated within its boundaries shall be altered as of this date to exclude this area, if the budget for the newly incorporated city is filed ((pursuant to)) under RCW 84.52.020 and the levy request of the newly incorporated city is made ((pursuant to)) under RCW 84.52.070((.  Whenever a proposed city incorporation is on the March special election ballot, the county auditor shall submit the legal description of the proposed city to the department of revenue on or before the first day of March));

    (2) Boundaries for a newly incorporated port district shall be established on the first day of October if the boundaries of the newly incorporated port district are coterminous with the boundaries of another taxing district, as they existed on the first day of March of that year;

    (3) Boundaries of any other newly incorporated taxing district shall be established on the first day of June of the year in which the property tax levy is made if the taxing district has boundaries coterminous with the boundaries of another taxing district, as they existed on the first day of March of that year;

    (4) Boundaries for a newly incorporated water district shall be established on the fifteenth of June of the year in which the proposition under RCW 57.04.050 authorizing a water district excess levy is approved.

    The boundaries of a taxing district shall be established on the first day of June if territory has been added to, or removed from, the taxing district after the first day of March of that year with boundaries coterminous with the boundaries of another taxing district as they existed on the first day of March of that year.  However, the boundaries of a road district, library district, or fire protection district or districts, that include any portion of the area that was annexed to a city or town within its boundaries shall be altered as of this date to exclude this area.  In any case where any instrument setting forth the official boundaries of any newly established taxing district, or setting forth any change in such boundaries, is required by law to be filed in the office of the county auditor or other county official, ((said)) the instrument shall be filed in triplicate.  The officer with whom such instrument is filed shall transmit two copies to the county assessor.

    No property tax levy shall be made for any taxing district whose boundaries are not established as of the dates provided in this section.

 

    Sec. 127.  RCW 84.52.052 and 1993 c 284 s 4 are each amended to read as follows:

    The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district except school districts in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts.  As used in this section, the term "taxing district" means any county, metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, rural partial-county library district, intercounty rural library district, fire protection district, cemetery district, city, town, transportation benefit district, emergency medical service district with a population density of less than one thousand per square mile, or cultural arts, stadium, and convention district.

    Any such taxing district may levy taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and 84.52.043, or 84.55.010 through 84.55.050, when authorized so to do by the voters of such taxing district in the manner set forth in Article VII, section 2(a) of the state Constitution ((of this state, as amended by Amendment 64 and as thereafter amended)), at a ((special or)) general election to be held in the year in which the levy is made.

    ((A special)) An election may be called and the time therefor fixed by the county legislative authority, or council, board of commissioners, or other governing body of any such taxing district, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which ((special)) election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no."  The election must be held at a general election.

 

    Sec. 128.  RCW 84.52.069 and 1995 c 318 s 9 are each amended to read as follows:

    (1) As used in this section, "taxing district" means a county, emergency medical service district, city or town, public hospital district, urban emergency medical service district, or fire protection district.

    (2) A taxing district may impose additional regular property tax levies in an amount equal to fifty cents or less per thousand dollars of the assessed value of property in the taxing district in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the registered voters thereof approving a proposition authorizing the levies submitted at a general ((or special)) election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the total number of voters voting in such taxing district at the last preceding general election when the number of registered voters voting on the proposition does not exceed forty percent of the total number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the registered voters thereof voting on the proposition when the number of registered voters voting on the proposition exceeds forty percent of the total number of voters voting in such taxing district in the last preceding general election.  Ballot propositions shall conform with RCW 29.30.111.

    (3) Any tax imposed under this section shall be used only for the provision of emergency medical care or emergency medical services, including related personnel costs, training for such personnel, and related equipment, supplies, vehicles and structures needed for the provision of emergency medical care or emergency medical services.

    (4) If a county levies a tax under this section, no taxing district within the county may levy a tax under this section.  No other taxing district may levy a tax under this section if another taxing district has levied a tax under this section within its boundaries:  PROVIDED, That if a county levies less than fifty cents per thousand dollars of the assessed value of property, then any other taxing district may levy a tax under this section equal to the difference between the rate of the levy by the county and fifty cents:  PROVIDED FURTHER, That if a taxing district within a county levies this tax, and the voters of the county subsequently approve a levying of this tax, then the amount of the taxing district levy within the county shall be reduced, when the combined levies exceed fifty cents.  Whenever a tax is levied county-wide, the service shall, insofar as is feasible, be provided throughout the county:  PROVIDED FURTHER, That no county-wide levy proposal may be placed on the ballot without the approval of the legislative authority of each city exceeding fifty thousand population within the county:  AND PROVIDED FURTHER, That this section and RCW 36.32.480 shall not prohibit any city or town from levying an annual excess levy to fund emergency medical services:  AND PROVIDED, FURTHER, That if a county proposes to impose tax levies under this section, no other ballot proposition authorizing tax levies under this section by another taxing district in the county may be placed before the voters at the same election at which the county ballot proposition is placed:  AND PROVIDED FURTHER, That any taxing district emergency medical service levy that is authorized subsequent to a county emergency medical service levy, shall expire concurrently with the county emergency medical service levy.

    (5) The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section.

    (6) The limitation in RCW 84.55.010 shall not apply to the first levy imposed ((pursuant to)) under this section following the approval of such levy by the voters ((pursuant to)) under subsection (2) of this section.

 

    Sec. 129.  RCW 84.55.050 and 1989 c 287 s 1 are each amended to read as follows:

    (1) Subject to any otherwise applicable statutory dollar rate limitations, regular property taxes may be levied by or for a taxing district in an amount exceeding the limitations provided for in this chapter if such levy is authorized by a proposition approved by a majority of the voters of the taxing district voting on the proposition at a general election held within the district ((or at a special election within the taxing district called by the district for the purpose of submitting such proposition to the voters)).  Any election held ((pursuant to)) under this section shall be held not more than twelve months ((prior to)) before the date on which the proposed levy is to be made.  The ballot of the proposition shall state the dollar rate proposed and shall clearly state any conditions which are applicable under subsection (3) of this section.

    (2) After a levy authorized ((pursuant to)) under this section is made, the dollar amount of such levy shall be used for the purpose of computing the limitations for subsequent levies provided for in this chapter, except as provided in subsection (4) of this section.

    (3) A proposition placed before the voters under this section may:

    (a) Limit the period for which the increased levy is to be made;

    (b) Limit the purpose for which the increased levy is to be made, but if the limited purpose includes making redemption payments on bonds, the period for which the increased levies are made shall not exceed nine years;

    (c) Set the levy at a rate less than the maximum rate allowed for the district; or

    (d) Include any combination of the conditions in this subsection.

    (4) After the expiration of a limited period or the satisfaction of a limited purpose, whichever comes first, subsequent levies shall be computed as if:

    (a) The limited proposition under subsection (3) of this section had not been approved; and

    (b) The taxing district had made levies at the maximum rates which would otherwise have been allowed under this chapter during the years levies were made under the limited proposition.

 

    Sec. 130.  RCW 85.20.030 and 1985 c 396 s 48 are each amended to read as follows:

    Whenever a petition is presented as provided in RCW 85.20.020, the county legislative authority shall order an election to be held to determine if the district shall be reorganized.  The county legislative authority shall specify the election date ((which may or may not)) that must be at the normal special district general election.  Notice of the election shall be posted and published, and the election shall be conducted, as for any special district general election.  The notice shall state the number of the district so petitioning to reorganize, the place where and the time when the election is to be held.  The auditor shall certify the results of the election to the county legislative authority.  If the proposition to reorganize the district is approved by a simple majority vote of the voters voting on the proposition, the district shall be reorganized as either a diking improvement district or drainage improvement district upon the county legislative authority ordering the reorganization.  The district shall be liable to the county for its costs incurred for the election.

 

    Sec. 131.  RCW 85.22.030 and 1985 c 396 s 50 are each amended to read as follows:

    Whenever a petition is presented as provided in RCW 85.22.020, the county legislative authority shall order an election to be held to determine if the district shall be reorganized.  The county legislative authority shall specify the election date ((which may or may not)) that must be the same as the regular special district general election.  Notice of the election shall be posted and published, and the election shall be conducted, as for any special district general election.  The notice shall state the number of the district so petitioning to reorganize, the place where and the time when the election is to be held.  The auditor shall certify the results of the election to the county legislative authority.  If the proposition to reorganize the district is approved by a simple majority vote of the voters voting on the proposition, the district shall be reorganized as either a diking improvement district or drainage improvement district upon the county legislative authority ordering the reorganization.  The district shall be liable to the county for its costs incurred for the election.

 

    Sec. 132.  RCW 85.38.010 and 1991 c 349 s 1 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

    (1) "Governing body" means the board of commissioners, board of supervisors, or board of directors of a special district.

    (2) "Owner of land" means the record owner of at least a majority ownership interest in a separate and legally created lot or parcel of land, as determined by the records of the county auditor, except that if the lot or parcel has been sold under a real estate contract, the vendee or grantee shall be deemed to be the owner of such land for purposes of authorizing voting rights.  It is assumed, unless shown otherwise, that the name appearing as the owner of property on the property tax rolls is the current owner.

    (3) "Qualified voter of a special district" means a person who is either:  (a) A natural person who is a voter under general state election laws, registered to vote in the state of Washington for a period of not less than thirty days before the election, and the owner of land located in the special district for a period of not less than thirty days before the election; (b) a corporation or partnership that has owned land located in the special district for a period of not less than sixty days before the election; or (c) the state, its agencies or political subdivisions that own land in the special district or lands proposed to be annexed into the special district except that the state, its agencies and political subdivisions shall not be eligible to vote to elect a member of the governing board of a special district.

    (4) "Special district" means:  (a) A diking district; (b) a drainage district; (c) a diking, drainage, and/or sewerage improvement district; (d) an intercounty diking and drainage district; (e) a consolidated diking district, drainage district, diking improvement district, and/or drainage improvement district; or (f) a flood control district.

    (5) "Special district general election" means the election of a special district regularly held on the first Tuesday after the first Monday in ((February)) November in each even-numbered year at which a member of the special district governing body is regularly elected.

 

    Sec. 133.  RCW 85.38.060 and 1991 c 349 s 10 are each amended to read as follows:

    The county legislative authority or authorities shall cause an election on the question of creating the special district to be held if findings as provided in RCW 85.38.050 are made.  The county legislative authority or authorities shall designate a time and date for such election, which shall be ((one of the special election dates provided for in RCW 29.13.020)) a general election, together with the site or sites at which votes may be cast.  The persons allowed to vote on the creation of a special district shall be those persons who, if the special district were created, would be qualified voters of the special district as described in RCW 85.38.010.  The county auditor or auditors of the counties within which the proposed special district is located shall conduct the election and prepare a list of presumed eligible voters.

    Notices for the election shall be published as provided in RCW 85.38.040.  The special district shall be created if the proposition to create the special district is approved by a simple majority vote of the voters voting on the proposition and the special district may assume operations whenever the initial members of the governing body are appointed as provided in RCW 85.38.070.

    Any special district created after July 28, 1985, may only have special assessments measured and imposed, and budgets adopted, as provided in RCW 85.38.140 through 85.38.170.

    If the special district is created, the county or counties may charge the special district for the costs incurred by the county engineer or engineers ((pursuant to)) under RCW 85.38.030 and the costs of the auditor or auditors related to the election to authorize the creation of the special district ((pursuant to)) under this section.  Such county actions shall be deemed to be special benefits of the property located within the special district that are paid through the imposition of special assessments.

 

    Sec. 134.  RCW 85.38.100 and 1991 c 349 s 5 are each amended to read as follows:

    General elections shall be held in each special district on the first Tuesday after the first Monday in ((February)) November in each even-numbered year.  The auditor of the county within which a special district, or the largest portion of a special district, is located may provide for special elections whenever necessary.  However, a matter that directly imposes or increases a tax, levy, assessment, charge, or fee may only be voted on at a general election.

 

    Sec. 135.  RCW 85.38.110 and 1991 c 349 s 13 are each amended to read as follows:

    A list of presumed eligible voters shall be prepared and maintained by each special district.  The list shall include the assessor's tax number for each lot or parcel in the district, the name or the names of the owners of such lots and parcels and their mailing address, the extent of the ownership interest of such persons, and if such persons are natural persons, whether they are known to be registered voters in the state of Washington.  Whenever such a list is prepared, the district shall attempt to notify each owner of the requirements necessary to establish voting authority to vote.  Whenever lots or parcels in the district are sold, the district shall attempt to notify the purchasers of the requirements necessary to establish voting authority.  Each special district shall provide a copy of this list, and any revised list, to the auditor of the county within which all or the largest portion of the special district is located.  The special district must compile the list of eligible voters and provide it to the county auditor by the first day of ((November)) August preceding the special district general election.  In the event the special district does not provide the county auditor with the list of qualified voters by this date, the county auditor shall compile the list and charge the special district for the costs required for its preparation.  The county auditor shall not be held responsible for any errors in the list.

 

    Sec. 136.  RCW 88.32.230 and 1991 c 363 s 161 are each amended to read as follows:

    Whenever the county legislative authority of any county with a population of one hundred twenty-five thousand or more deems it for the interest of the county to engage in or to aid the United States of America, the state of Washington, or any adjoining county or any city of this state, or any of them, in construction, enlargement, improvement, modification, repair or operation of any harbor, canal, waterway, river channel, slip, dock, wharf, or other public improvement, or any of the same, for the purposes of commerce, navigation, sanitation and drainage, or any thereof, or to acquire or operate wharf sites, dock sites, or other properties, rights or interests, or any thereof, necessary or proper to be acquired or operated for public enjoyment of any such public improvement, and to incur indebtedness to meet the cost thereof and expenses connected therewith, and issue bonds of the county for the payment of such indebtedness, or any thereof, such county is hereby authorized and empowered, by and through its county legislative authority, to engage in or aid in any such public work or works, operation or acquisition, as aforesaid, and to incur indebtedness for such purpose or purposes to an amount, which, together with the then existing indebtedness of such county, shall not exceed two and one-half percent of the value of the taxable property in ((said)) the county, as the term "value of the taxable property" is defined in RCW 39.36.015, and to issue the negotiable bonds of the county for all or any of such indebtedness and for the payment thereof, in the manner and form and as provided in chapter 39.46 RCW, and other laws of this state which shall then be in force, and to make part or all of such payment in bonds or in moneys derived from sale or sales thereof, or partly in such bonds and partly in such money((:  PROVIDED, That)). However, the county legislative authority shall ((have)) first ((submitted)) submit the question of incurring such indebtedness to the voters of the county at a general ((or special)) election, and three-fifths of the voters voting upon the question ((shall)) must have voted in favor of incurring the same.

 

    Sec. 137.  RCW 90.72.040 and 1992 c 100 s 3 are each amended to read as follows:

    (1) The county legislative authority may create a shellfish protection district on its own motion or by submitting the question to the voters of the proposed district and obtaining the approval of a majority of those voting.  The boundaries of the district shall be determined by the legislative authority.  The legislative authority may create more than one district.  A district may include any area or areas within the county, whether incorporated or unincorporated.  Counties shall coordinate and cooperate with cities, towns, and water-related special districts within their boundaries in establishing shellfish protection districts and carrying out shellfish protection programs.  Where a portion of the proposed district lies within an incorporated area, the county shall develop procedures for the participation of the city or town in the determination of the boundaries of the district and the administration of the district, including funding of the district's programs.  The legislative authority of more than one county may by agreement provide for the creation of a district including areas within each of those counties.  County legislative authorities are encouraged to coordinate their plans and programs to protect shellfish growing areas, especially where shellfish growing areas are located within the boundaries of more than one county.  The legislative authority or authorities creating a district may abolish a shellfish protection district on its or their own motion or by submitting the question to the voters of the district and obtaining the approval of a majority of those voting.

    (2) If the county legislative authority creates a shellfish protection district by its own motion, any registered voter residing within the boundaries of the shellfish protection district may file a referendum petition to repeal the ordinance that created the district.  Any referendum petition to repeal the ordinance creating the shellfish protection district shall be filed with the county auditor within seven days of passage of the ordinance.  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 so that an affirmative answer to the question and an affirmative vote on the measure results in creation of the shellfish protection district and a negative answer to the question and a negative vote on the measure results in the shellfish protection district not being created.  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 shellfish protection district and file the signed petitions with the county auditor.  Each petition form shall contain the ballot title and full text of the measure to be referred.  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 shellfish protection district in a ((special)) general 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.

    (3) The county legislative authority shall not impose fees, rates, or charges for shellfish protection district programs upon properties on which fees, rates, or charges are imposed to pay for another program to eliminate or decrease contamination in storm water runoff.

 


                            --- END ---