H-4564.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2508

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By House Committee on Government Administration (originally sponsored by Representatives Van Luven, Chopp, D. Schmidt, Radcliff, H. Sommers, Mitchell, Dyer, Dickerson and Kenney)

Read first time 01/27/98.  Referred to Committee on .

Modifying the way metropolitan park districts are managed.

    AN ACT Relating to revising administrative provisions of metropolitan park districts; amending RCW 35.61.010, 35.61.020, 35.61.030, 35.61.050, 35.61.130, 35.61.150, 35.61.180, 35.61.200, 35.61.210, 35.61.250, 35.61.290, and 84.52.010; and adding new sections to chapter 35.61 RCW.

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

    Sec. 1.  RCW 35.61.010 and 1994 c 81 s 60 are each amended to read as follows:

    ((Cities)) Metropolitan park districts may be created under this chapter.  A  metropolitan park district consists of a city with a population of five thousand or more ((population)), and if the board of metropolitan park commissioners is composed of five separately elected commissioners, a metropolitan park district may also consist of such contiguous property ((the residents of which may decide in favor thereof in the manner set forth in this chapter may create)) that is annexed to the metropolitan park district.

A metropolitan park district is created for the management, control, improvement, maintenance, and acquisition of parks, parkways, ((and)) boulevards, zoos, aquariums, and other recreational, civic, cultural, and interpretive facilities, including administrative and support facilities.

    Sec. 2.  RCW 35.61.020 and 1965 c 7 s 35.61.020 are each amended to read as follows:

(1) A ballot proposition authorizing the creation of a metropolitan park district shall be submitted to the voters of a city with a population of at least five thousand 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,)) if the legislative authority of the city adopts a resolution proposing creation of a metropolitan park district or ((on)) if a petition ((of)) proposing creation of a metropolitan park district is submitted to the county auditor that has been signed by at least fifteen percent of the ((qualified electors of the)) registered voters residing in 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)).

(2) If city voters approve the ballot proposition by a simple majority vote, a metropolitan park district shall be created that is coextensive with the limits of the city as now or hereafter established, inclusive of territory annexed to and forming a part of the city.

(3) Territory by virtue of its annexation to any city having heretofore created a park district shall be deemed to be ((within the limits of)) annexed to the metropolitan park district.

    ((The city council or commission shall submit the proposition at a special election to be called therefor when the petition so requests.))

    Sec. 3.  RCW 35.61.030 and 1985 c 469 s 32 are each amended to read as follows:

    ((In submitting the question to the voters for their approval or rejection, the city council or commission shall pass an ordinance declaring its intention to submit the proposition of creating a metropolitan park district to the qualified voters of the city.  The ordinance shall be published once a week for two consecutive weeks in the official newspaper of the city, and the city council or commission shall cause to be placed upon the ballot for the election, at the proper place,)) The ballot proposition ((which)) authorizing creation of a metropolitan park district shall ((be expressed in)) describe the composition of the metropolitan park commission that is proposed under RCW 35.61.050 and shall include the following terms:

G "For the formation of a metropolitan park district."

G "Against the formation of a metropolitan park district."

    Sec. 4.  RCW 35.61.050 and 1994 c 223 s 23 are each amended to read as follows:

The city legislative authority of a city in which a metropolitan park district is proposed to be created shall designate the composition of the board of metropolitan park commissioners prior to the submission of the ballot proposition to voters authorizing the creation of the metropolitan park district.  The composition of the board of metropolitan park commissioners that is placed before city voters under RCW 35.61.030 shall be designated as provided in either subsection (1) or (2) of this section.  The composition of a board of metropolitan park commissioners may not be altered once the metropolitan park district has been created.

(1) The city legislative authority may designate that five separately elected commissioners be elected at the same election at which the proposition is submitted to the voters as to whether a metropolitan park district is to be formed((, five park commissioners shall be elected)).  The election of metropolitan park commissioners shall be null and void if the metropolitan park district is not created.  Candidates shall run for specific commission positions.  No primary shall be held to nominate candidates.

(a) The person receiving the greatest number of votes for each position shall be elected as a commissioner.  The staggering of the terms of office shall occur as follows:

    (((1))) (i) The two persons who are elected receiving the two greatest numbers of votes shall be elected to six-year terms of office if the election is held in an odd-numbered year or five-year terms of office if the election is held in an even-numbered year;

    (((2))) (ii) The two persons who are elected receiving the next two 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

    (((3))) (iii) The other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year.

(b) The initial commissioners shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January in the year after they are elected.  Thereafter, all commissioners shall be elected to six-year terms of office.

(c) All commissioners shall serve until their respective successors are elected and qualified and assume office in accordance with RCW 29.04.170.  Vacancies shall occur and shall be filled as provided in chapter 42.12 RCW.

(2) In a city with a population of five hundred thousand or more, the city legislative authority alternatively may designate that the city legislative authority shall act in an ex officio capacity as the board of metropolitan park commissioners.

    Sec. 5.  RCW 35.61.130 and 1969 c 54 s 1 are each amended to read as follows:

(1) A metropolitan park district has the right of eminent domain, and may purchase, acquire and condemn lands lying within or without the boundaries of ((said)) the park district, for public parks, parkways, boulevards, aviation landings ((and)), playgrounds, ((and)) zoos, aquariums, and other recreational, civic, cultural, and interpretive facilities, including administrative and support facilities.  A metropolitan park district may condemn such lands for any of the following purposes:

(a) To widen, alter, and extend streets, avenues, boulevards, parkways, aviation landings ((and)), playgrounds, zoo, aquariums, and other recreational, civic, cultural, and interpretive facilities including administrative and support facilities;

(b) To enlarge and extend existing parks, boulevards, parkways, aviation landings, playgrounds, zoos, aquariums, and other recreational, civic, cultural, and interpretive facilities, including administrative and support facilities; and

(c) To acquire lands for the establishment of new parks, boulevards, parkways, aviation landings ((and)), playgrounds, zoos, aquariums, and other recreational, civic, cultural, and interpretive facilities, including administrative and support facilities.

(2) The right of eminent domain shall be exercised and instituted pursuant to resolution of the board of metropolitan park commissioners and conducted in the same manner and under the same procedure as is 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, HOWEVER,)).  However, funds to pay for condemnation allowed by this section shall be raised only as specified in this chapter.

(3) The board of metropolitan park district commissioners ((shall have power to)) may employ counsel, and to regulate, manage, and control the parks, parkways, boulevards, streets, avenues, aviation landings ((and)), playgrounds, zoos, aquariums, and other recreational, civic, cultural, and interpretive facilities, including administrative and support facilities, on property owned by itself or others under its control((, and to)).

(4) The board of metropolitan park district commissioners may provide for park ((policemen)) police, for a secretary of the board of metropolitan park commissioners, and for all necessary employees, to fix their salaries and duties.

(5) The board of metropolitan park commissioners ((shall have power to)) may improve, acquire, extend and maintain, open, and lay out((,)) parks, parkways, boulevards, avenues, aviation landings ((and)), playgrounds, zoos, aquariums, and other recreational, civic, cultural, and interpretive facilities, including administrative and support facilities, on property owned by itself or others, within or without the park district((, and to)).

(6) The board of metropolitan park district commissioners may authorize, conduct, and manage the letting of boats, or other amusement apparatus, the operation of bath houses, the purchase and sale of foodstuffs or other merchandise, the giving of vocal or instrumental concerts or other entertainments, the establishment and maintenance of aviation landings ((and)), playgrounds, ((and)) zoos, aquariums, and other recreational, civic, cultural, and interpretive facilities, including administrative and support facilities, on property owned by itself or others.

(7) The board of metropolitan park district commissioners may provide generally for the management and conduct of such forms of recreation or business as it shall judge desirable or beneficial for the public, or for the production of revenue for expenditure for park purposes((; and)).

(8) The board of metropolitan park district commissioners may pay out moneys for:

(i) The maintenance and improvement of any such parks, parkways, boulevards, avenues, aviation landings ((and)), playgrounds, zoos, aquariums, and other recreational, civic, cultural, and interpretive facilities, including administrative and support facilities, on property owned by itself or others as now exist, or the rights to which may hereafter be acquired, within or without the limits of ((said)) the city ((and for));

(ii) The purchase of lands, rights in lands, and other property within or without the limits of ((said)) the city, whenever it deems the purchase to be for the benefit of the public and for the interest of the park district, and for the maintenance and improvement thereof; and ((for))

(iii) All expenses incidental to its duties((:  PROVIDED, That)).

(9) Notwithstanding any other provisions of this section, all parks, boulevards, parkways, aviation landings ((and)), playgrounds, zoos, aquariums, and other recreational, civic, cultural, and interpretive facilities, including administrative and support facilities, on property owned by itself or others shall be subject to the police regulations of the city within whose limits they lie.

(10) The board of metropolitan park commissioners may contract with any entity, public and private, including the city that created the district, for all of its operations and services.

    Sec. 6.  RCW 35.61.150 and 1965 c 7 s 35.61.150 are each amended to read as follows:

    Metropolitan park commissioners of a board that is composed of five separately elected commissioners shall perform their duties as such without compensation.  Metropolitan park commissioners who serve in an ex officio capacity shall perform their duties as park commissioners without compensation.

    Sec. 7.  RCW 35.61.180 and 1987 c 203 s 1 are each amended to read as follows:

The treasurer of a metropolitan park district shall be as follows:

(1) The county treasurer of the county within which all, or the major portion, of the district lies shall be the ex officio treasurer of a metropolitan park district((, but)) with a separately elected five-member board of metropolitan park commissioners.  The county treasurer when acting as the treasurer of a metropolitan park district shall receive no compensation other than his or her regular salary for receiving and disbursing the funds of a metropolitan park district.

(2) The treasurer of a metropolitan park district with an ex officio board of park commissioners shall be the city treasurer who possesses all powers relating to the metropolitan park district that are possessed by the county treasurer, other than the authority to collect property taxes.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, a metropolitan park district may designate someone other than the county treasurer, or someone other than the city treasurer, who has experience in financial or fiscal affairs to act as the district treasurer if the board has received the approval of the county treasurer to designate this person.  If the board of metropolitan park commissioners designates someone other than the county treasurer to act as the district treasurer, the board shall purchase a bond from a surety company operating in the state that is sufficient to protect the district from loss.  A district treasurer so designated possesses all powers relating to the metropolitan park district that are possessed by the city treasurer or the county treasurer, other than the authority to collect property taxes.

    Sec. 8.  RCW 35.61.200 and 1983 c 167 s 56 are each amended to read as follows:

    Any coupons for the payment of interest on metropolitan park district bonds shall be considered for all purposes as warrants drawn upon the metropolitan park district fund against which the bonds were issued, and when presented after maturity to the treasurer of the ((county having custody of the fund)) metropolitan park district.  If there are no funds in the treasury to pay the coupons, the ((county)) metropolitan park district treasurer shall endorse ((said)) the coupons as presented for payment, in the same manner as county warrants are endorsed, and thereafter the coupon shall bear interest at the same rate as the bond to which it was attached.  If there are no funds in the treasury to make payment on a bond not having coupons, the interest payment shall continue bearing interest at the bond rate until it is paid, unless otherwise provided in the proceedings authorizing the sale of the bonds.

    Sec. 9.  RCW 35.61.210 and 1997 c 3 s 205 (Referendum Bill No. 47) are each amended to read as follows:

    The board of metropolitan 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 metropolitan 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 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 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.  The board is hereby authorized to call a special 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.  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 or shall be forwarded to the metropolitan park district if the district has a treasurer other than the county treasurer.

    Sec. 10.  RCW 35.61.250 and 1985 c 416 s 4 are each amended to read as follows:

    The territory adjoining a metropolitan park district with a separately elected five-member board of metropolitan park commissioners may be annexed to and become a part thereof upon petition and an election held pursuant thereto.  The petition shall define the territory proposed to be annexed and must be signed by twenty-five registered voters, resident within the territory proposed to be annexed, unless the territory is within the limits of another city when it must be signed by twenty percent of the registered voters residing within the territory proposed to be annexed.  The petition must be addressed to the board of park commissioners requesting that the question be submitted to the legal voters of the territory proposed to be annexed, whether they will be annexed and become a part of the metropolitan park district.

    Sec. 11.  RCW 35.61.290 and 1985 c 416 s 5 are each amended to read as follows:

    (1) Any city within or comprising any metropolitan park district may turn over to the park district any lands, facilities, equipment, or interests in any lands, facilities, or equipment therein which it may own, or any street, avenue, or public place within the city for playground, park ((or)), parkway ((purposes)), zoo, aquarium, or other recreational, civic, cultural, and interpretive facilities, including administrative and support purposes, and thereafter its control and management shall vest in the board of metropolitan park commissioners((:  PROVIDED, That)).  However, the police regulations of such city shall apply to all such premises.

(2) At any time that any such metropolitan park district is unable, through lack of sufficient funds, to provide for the continuous operation, maintenance, and improvement of the parks and playgrounds and other properties or facilities owned by it or under its control, and the legislative body of any city within or comprising such metropolitan park district shall determine that an emergency exists requiring the financial aid of such city to be extended in order to provide for such continuous operation, maintenance, and/or improvement of parks, playgrounds facilities, other properties, and programs of such park district within its limits, such city may grant or loan to such metropolitan park district such of its available funds, or such funds which it may lawfully procure and make available, as it shall find necessary to provide for such continuous operation and maintenance and, pursuant thereto, any such city and the board of metropolitan park commissioners of such district are authorized and empowered to enter into an agreement embodying such terms and conditions of any such grant or loan as may be mutually agreed upon.

(3) The board of metropolitan park commissioners may accept public streets of the city and grounds for public purposes when donated for ((park)) parkway, playground, boulevard, zoo, aquarium, and other recreational, civic, cultural, and interpretive facilities, including administrative and support facilities and park purposes.

    (((2))) (4) Counties may turn over to the park district any park ((and)) recreation lands, zoo, aquarium, and other recreational, civic, cultural, and interpretive facilities, including administrative and support facilities and equipment or interests to any lands, facilities, or equipment therein that they own, and the board of metropolitan park commissioners may accept such lands and equipment or interests to any lands, facilities, or equipment therein.

    Sec. 12.  RCW 84.52.010 and 1995 2nd sp.s. c 13 s 4 are each amended to read as follows:

    Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.

    The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.

    When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:

    (1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010.  If, as a result of the levies imposed under RCW 84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows:  (a) The portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; (b) if the combined rate of regular property tax levies subject to the one percent limitation in a county with a population of greater than one million still exceeds one percent of the true and fair value of any property, then the remaining levy for a metropolitan park district shall be reduced until the combined rate no longer exceeds one percent; (c) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and (((c))) (d) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.

    (2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:

    (a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, and 67.38.130 shall be reduced on a pro rata basis or eliminated;

    (b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;

    (c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;

    (d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and

    (e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, library districts, metropolitan park districts under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.

    In determining whether the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as apportioned to the county under RCW 84.48.080, that was computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012.

NEW SECTION. Sec. 13.  A new section is added to chapter 35.61 RCW to read as follows:

    RCW 35.61.250 through 35.61.280 and 35.61.360 only apply to metropolitan park districts with boards of metropolitan park commissioners.

NEW SECTION. Sec. 14.  A new section is added to chapter 35.61 RCW to read as follows:

    Where a metropolitan park district contracts with a nonprofit corporation or other public or private organization to manage its operations, the chief executive officer may be appointed by the managing organization.  In such instance, the appointment shall be effective only upon a majority vote confirmation of the commissioners of the metropolitan park district.  If provided by such a contract, the director may be removed by the managing organization, after consultation with the commissioners of the metropolitan park district, upon filing a statement of reasons for the removal with the commissioners of the metropolitan park district.  The chief executive officer shall not be a member of the civil service that a metropolitan park district may establish under RCW 35.61.140.

NEW SECTION. Sec. 15.  A new section is added to chapter 35.61 RCW to read as follows:

    Notwithstanding any provisions to the contrary contained in a city charter, and to the extent provided by the city under an appropriate legislative enactment, employees of a metropolitan park district with an ex officio board of park commissioners may be included in the personnel system or civil service and retirement plans of a city that shares territory with the metropolitan park district.  The city and metropolitan park district are each authorized to pay the parts of the expense of operating and maintaining the personnel system or civil service and retirement system and to contribute to the retirement fund on behalf of employees those sums as may be agreed upon between the legislative authorities of the city and the metropolitan park district.

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