AN ACT Relating to
metropolitan park districts; and amending RCW 35.61.010, 35.61.020, 35.61.030,
35.61.040, 35.61.050, 35.61.150, and 84.52.010.
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 of five
thousand or more population and such contiguous property the residents of which
may decide in favor thereof in the manner set forth in this chapter may create))
A metropolitan park district may be created for the management,
control, improvement, maintenance, and acquisition of parks, parkways, ((and))
boulevards, and recreational facilities. A metropolitan park district may
include territory located in portions or all of one or more cities or counties,
or one or more cities and counties, when created or enlarged as provided in
this chapter.
Sec. 2. RCW 35.61.020 and 1965 c
7 s 35.61.020 are each amended to read as follows:
(1) When proposed by
citizen petition or by local government resolution as provided in this section,
a ballot proposition authorizing the creation of a metropolitan park district
shall be submitted by resolution to the voters of the area proposed to be
included in the district 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)).
(2) The ballot
proposition shall be submitted if the governing body of each city in which all
or a portion of the proposed district is located, and the legislative authority
of each county in which all or a portion of the proposed district is located
within the unincorporated portion of the county, each adopts a resolution
submitting the proposition to create a metropolitan park district.
(3) As an
alternative to the method provided under subsection (2) of this section, the
ballot proposition shall be submitted if a petition proposing creation of a
metropolitan park district is submitted to the county auditor of each county in
which all or a portion of the proposed district is located that is signed by at
least fifteen percent of the registered voters residing in the area to be
included within the proposed district. Where the petition is for creation of a
district in more than one county, the petition shall be filed with the county
auditor of the county having the greater area of the proposed district, and a
copy filed with each other county auditor of the other counties covering the proposed
district.
Territory by virtue of
its annexation to any city ((having heretofore created)) whose
territory lies entirely within 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 election to be called therefor when
the petition so requests.)) Such an extension of a park district's
boundaries shall not be subject to review by a boundary review board
independent of the board's review of the city annexation of territory.
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,))
(1) Except as
provided in subsection (2) of this section for review by a boundary review
board, the ballot proposition authorizing creation of a metropolitan park
district that is submitted to voters for their approval or rejection shall
appear on the ballot of the next general election or at the next special
election date specified under RCW 29.13.020 occurring sixty or more days after the
last resolution proposing the creation of the park district is adopted or the
date the county auditor certifies that the petition proposing the creation of
the park district contains sufficient valid signatures. Where the petition or
copy thereof is filed with two or more county auditors in the case of a
proposed district in two or more counties, the county auditors shall confer and
issue a joint certification upon finding that the required number of signatures
on the petition has been obtained.
(2) Where the
proposed district is located wholly or in part in a county in which a boundary
review board has been created, notice of the proposal to create a metropolitan
park district shall be filed with the boundary review board as provided under
RCW 36.93.090 and the special election at which a ballot proposition
authorizing creation of the park district shall be held on the special election
date specified under RCW 29.13.020 that is sixty or more days after the date
the boundary review board is deemed to have approved the proposal, approves the
proposal, or modifies and approves the proposal. The creation of a
metropolitan park district is not subject to review by a boundary review board
if the proposed district only includes one or more cities and in such cases the
special election at which a ballot proposition authorizing creation of the park
district shall be held as if a boundary review board does not exist in the
county or counties.
(3) The petition
proposing the creation of a metropolitan park district, or the resolution
submitting the question to the voters, shall choose and describe the
composition of the initial board of commissioners of the district that is
proposed under RCW 35.61.050 and shall choose a name for the district. The
proposition ((which)) shall ((be expressed in)) include
the following terms:
G "For the formation of
a metropolitan park district to be governed by [insert board composition
described in ballot proposition]."
G "Against the
formation of a metropolitan park district."
Sec. 4. RCW 35.61.040 and 1965 c
7 s 35.61.040 are each amended to read as follows:
If ((at an election))
a majority of the voters voting ((thereon)) on the ballot proposition
authorizing the creation of the metropolitan park district vote in favor of
the formation of a metropolitan park district, the metropolitan park
district shall ((then)) be ((and become)) created as a
municipal corporation effective immediately upon certification of the
election results and its name shall be (("Metropolitan Park
District of . . . . . . (inserting the name of the
city).")) that designated in the ballot proposition.
Sec. 5. RCW 35.61.050 and 1994 c
223 s 23 are each amended to read as follows:
(1) The resolution
or petition submitting the ballot proposition shall designate the composition
of the board of metropolitan park commissioners from among the alternatives
provided under subsections (2) through (4) of this section. The ballot
proposition shall clearly describe the designated composition of the board.
(2) The
commissioners of the district may be selected by election, in which case 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 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. 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))) (a) 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)))
(b) 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))) (c) 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. 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. 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.
(3) In a district
wholly located within a city or within the unincorporated area of a county, the
governing body of such city or legislative authority of such county may be
designated to serve in an ex officio capacity as the board of metropolitan park
commissioners, provided that when creation of the district is proposed by
citizen petition, the city or county approves by resolution such designation.
(4) Where the
proposed district is located within more than one city, more than one county,
or any combination of cities and counties, each city governing body and county
legislative authority may be designated to collectively serve ex officio as the
board of metropolitan park commissioners through selection of one or more
members from each to serve as the board, provided that when creation of the
district is proposed by citizen petition, each city governing body and county
legislative authority approve by resolution such designation. Within six
months of the date of certification of election results approving creation of
the district, the size and membership of the board shall be determined through
interlocal agreement of each city and county. The interlocal agreement shall
specify the method for filling vacancies on the board.
(5) Metropolitan
park districts created by a vote of the people prior to the effective date of
this act may not change the composition and method of selection of their
governing authority without approval of the voters. Should such a change be
desired, the board of park commissioners shall submit a ballot proposition to
the voters of the metropolitan park district.
Sec. 6. RCW 35.61.150 and 1998 c
121 s 1 are each amended to read as follows:
Metropolitan park
commissioners selected by election according to RCW 35.61.050(2) shall
perform their duties and may provide, by resolution passed by the
commissioners, for the payment of compensation to each of its commissioners at
a rate of up to seventy dollars for each day or portion of a day devoted to the
business of the district. However, the compensation for each commissioner must
not exceed six thousand seven hundred twenty dollars per year.
Any commissioner may
waive all or any portion of his or her compensation payable under this section
as to any month or months during his or her term of office, by a written waiver
filed with the clerk of the board. The waiver, to be effective, must be filed
any time after the commissioner's election and prior to the date on which the
compensation would otherwise be paid. The waiver shall specify the month or
period of months for which it is made.
Sec. 7. 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 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) 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 first fifty
cent per thousand dollars of assessed valuation levies for metropolitan park
districts created on or after January 1, 2002, shall be reduced on a pro rata
basis or eliminated;
(e) Fifth, 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)) (f)
Sixth, 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 created
before January 1, 2002, 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.
