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.
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.
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