BILL REQ. #:  S-0800.1 

Read first time 01/20/2005.   Referred to Committee on Government Operations & Elections.

     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.