BILL REQ. #: H-0812.1
State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 01/20/2005. Referred to Committee on Local Government.
AN ACT Relating to metropolitan park districts; amending RCW 35.61.290, 35.61.300, and 36.69.310; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 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 which it may own, or any
street, avenue, or public place within the city for playground, park or
parkway purposes, and thereafter its control and management shall vest
in the board of park commissioners: PROVIDED, That the police
regulations of such city shall apply to all such premises.
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 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.
The board of metropolitan park commissioners may accept public
streets of the city and grounds for public purposes when donated for
park, playground, boulevard and park purposes.
(2) Counties ((may turn over to the park district any park and
recreation lands and equipment that they own,)) and other municipal
corporations, including but not limited to park and recreation
districts operating under chapter 36.69 RCW, may transfer to the
metropolitan park district, with or without consideration therefor, any
lands, facilities, equipment, other interests in real or personal
property, or interests under contracts, leases, or similar agreements.
The board of metropolitan park commissioners may accept ((such lands
and equipment)), for metropolitan park district purposes, such transfer
of lands, facilities, equipment, other interests in real or personal
property, and interests under contracts, leases, or similar agreements.
Sec. 2 RCW 35.61.300 and 1985 c 416 s 6 are each amended to read
as follows:
(1) When any metropolitan park district ((shall be)) is formed
pursuant to this chapter and ((shall)) assumes control of the parks,
parkways, boulevards, and park property of the city in which said park
district is created, or the metropolitan park district accepts ((county
park and recreation lands)), pursuant to RCW 35.61.290, any lands,
facilities, equipment, other interests in real or personal property, or
interests under contracts, leases, or similar agreements from a county
or other municipal corporation (including but not limited to a park and
recreation district operating under chapter 36.69 RCW), such
metropolitan park district ((shall)) may assume all existing
indebtedness, bonded or otherwise, ((against such park property, and))
incurred in relation to the transferred property or interest, in which
case it shall arrange by taxation or issuing bonds, as herein provided,
for the payment of such indebtedness, and shall relieve such city
((or)), county, or municipal corporation from such payment.
((Said)) (2) A metropolitan park district is hereby given authority
to issue refunding bonds when necessary, subject to chapters 39.36 and
39.53 RCW, in order to enable it to comply with this section.
(3)(a) In addition, refunding bonds issued under subsection (2) of
this section for the purpose of assuming existing voter-approved
indebtedness may be issued, by majority vote of the commissioners, as
voter-approved indebtedness, if:
(i) The boundaries of the metropolitan park district are identical
to the boundaries of the taxing district in which voter approval was
originally obtained;
(ii) The governing body of the original taxing district has adopted
a resolution declaring its intent to dissolve its operations and has
named the metropolitan park district as its successor; and
(iii) The requisite number of voters of the original taxing
district approved issuance of the indebtedness and the levy of excess
taxes to pay and retire that indebtedness.
(b) A metropolitan park district acting under this subsection (3)
is deemed the successor to the original taxing district and any
refunding bonds issued under this subsection (3) constitute
voter-approved indebtedness. The metropolitan park district shall levy
and collect annual property taxes in excess of the district's regular
property tax levy, in an amount sufficient to pay and retire the
principal of and interest on those refunding bonds.
Sec. 3 RCW 36.69.310 and 1963 c 4 s 36.69.310 are each amended to
read as follows:
Any park and recreation district formed under the provisions of
this chapter may be dissolved in the manner provided in chapter 53.48
RCW, relating to port districts.
In order to facilitate the dissolution of a park and recreation
district, such a district may declare its intent to dissolve and may
name a successor taxing district. It may transfer any lands,
facilities, equipment, other interests in real or personal property, or
interests under contracts, leases, or similar agreements to the
successor district, and may take all action necessary to enable the
successor district to assume any indebtedness of the park and
recreation district relating to the transferred property and interests.
NEW SECTION. Sec. 4 Sections 1 through 3 of this act apply
retroactively to metropolitan park district elections occurring on or
after July 1, 2004.
NEW SECTION. Sec. 5 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.