BILL REQ. #: S-5117.1
| State of Washington | 59th Legislature | 2006 Regular Session |
READ FIRST TIME 02/07/06.
AN ACT Relating to city transportation authority dissolution; amending RCW 4.96.010, 4.96.020, 36.93.090, 43.21C.227, 53.48.010, 35.95A.050, 35.95A.080, and 35.95A.110; adding new sections to chapter 35.95A RCW; repealing RCW 35.95A.020, 35.95A.030, 35.95A.040, 35.95A.070, 35.95A.090, 35.95A.100, 35.95A.120, 35.95A.140, 35.95A.010, 35.95A.050, 35.95A.060, 35.95A.080, 35.95A.110, and 35.95A.130; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 35.95A RCW
to read as follows:
(1) An authority's governing board shall be comprised of five
members.
(2) The board shall act by vote of a majority of the members
voting, as long as a quorum of three members is present, either in
person or by electronic means.
(3) If, on the day before the effective date of this section, a
preexisting governing body includes one or more members serving a term
of office on the preexisting governing body to which they were elected
by a vote of electors residing within the authority area, those elected
persons who do not decline to serve shall then serve on the governing
board.
(4) The remaining positions on the board not filled under
subsection (3) of this section may be filled on an interim basis by a
member of the preexisting governing body, who must be chosen by a
majority vote of the members of the preexisting governing body who are
present when a quorum exists and the vote is taken.
(5) Each position on the governing board not filled under
subsection (3) of this section shall be filled through appointment by
the mayor of the city in which the authority was created. Immediately
upon the effective date of each appointment, the person serving under
subsection (4) of this section on an interim basis in the position
which is filled shall cease to be a member of the board. The mayor
shall make the appointments within thirty days of the effective date of
this act.
(6) Except for interim members selected under subsection (4) of
this section, members of the governing board shall serve an indefinite
term and may resign at any time by giving written notice to the board
and the mayor of the city in which the district was created.
(7) Any member of the governing board may be removed by a vote of
at least three of the board members if such member: (a) Becomes
incapable of performing his or her duties as a governing board member;
(b) willfully fails to perform his or her duties as a governing board
member; or (c) is convicted of a felony or crime of moral turpitude.
(8) Any vacancy on the governing board shall be filled through
appointment by the mayor of the city in which the authority was
created.
NEW SECTION. Sec. 2 A new section is added to chapter 35.95A RCW
to read as follows:
This section applies to claims against an existing authority
accruing on or before the effective date of this section.
(1) An authority shall notify potential claimants of the
authority's pending dissolution and the limited opportunity to submit
a notice of claim to the authority.
(a) Within sixty days of the effective date of this section, an
authority shall mail a written notice, to all persons known to the
authority to have claims that may become qualified obligations only
after filing a notice of claim under this act, to the most recent
address for each such person shown on the records of the authority and
to any other address specified in any written agreement related to that
person's claim.
(b) An authority shall also publish notice in the official
newspaper of the city in which the authority was created. Notice shall
be published once a week for three consecutive weeks, commencing within
forty-five days after the effective date of this section.
(c) The notice must: (i) Describe the information that must be
included in the notice of claim; (ii) provide a mailing address to
which the notice of claim must be sent; (iii) state the deadline by
which the authority must receive the notice of claim; and (iv) state
that the claim will be barred if the notice of claim is not received by
the deadline.
(2) The deadline for submission of the notice of claim to an
authority is one hundred twenty days after the effective date of this
section. Only actual receipt of the notice of claim by an authority
constitutes submission of the notice of claim.
(3) Within one hundred eighty days after the effective date of this
section, an authority shall mail a written notice of acceptance, in
whole or in part, or rejection, in whole or in part, to all persons who
submitted timely notices of claim to the authority. Each notice must
state the date of its mailing. Failure by an authority to mail a
timely written notice regarding any particular claim or portion thereof
is deemed a rejection, which must be mailed one hundred eighty days
after the effective date of this section.
(4) No person may commence any legal proceeding of any kind against
an authority to enforce any claim accruing on or before the effective
date of this section unless that person or his or her predecessor in
interest timely submitted a notice of claim containing the required
information with respect to such claim and such claim was rejected or
deemed rejected by an authority no more than sixty days prior to the
date such legal proceeding commenced. Failure by an authority to
provide timely or complete notice or notifications shall not affect the
limitation on legal proceedings imposed by this section.
(5) This section does not apply: (a) To any claim for payment of
principal of, or interest or premium on, a bond secured by an
authority's pledge of revenue from any tax or fee an authority was
authorized, prior to the effective date of this section, to levy; (b)
to the extent the claim was asserted prior to the effective date of
this section, through a legal proceeding before a tribunal with
jurisdiction; (c) for payment of a claim accepted by the authority
under subsection (3) of this section; or (d) for payment of a
dissolution expense.
NEW SECTION. Sec. 3 A new section is added to chapter 35.95A RCW
to read as follows:
(1) No person may commence any legal proceeding of any kind against
an authority to enforce any claim accruing after the effective date of
this section, including, but not limited to, a claim for payment of
either a claim accepted by an authority under section 2(3) of this act
or a dissolution expense, if that legal proceeding is not commenced
before the date the governing board files the certificate of
dissolution with the secretary of state.
(2) This limitation does not apply to any claim for payment of
principal of, or interest or premium on, a bond secured by an
authority's pledge of revenue from any tax or fee an authority was
authorized, prior to the effective date of this section, to levy.
NEW SECTION. Sec. 4 A new section is added to chapter 35.95A RCW
to read as follows:
(1) No sooner than two years after the effective date of this
section, the board shall file on behalf of the authority a notice of
intent to dissolve with the secretary of state. The notice of intent
to dissolve shall state that the authority has satisfied the
obligations and liabilities of the authority and ceased imposing and
collecting the taxes and fees authorized under RCW 35.95A.080.
(2) Upon the filing of the intent to dissolve and satisfying or
providing for any outstanding dissolution expenses, any funds remaining
in the treasury of a city transportation authority shall, after payment
of all costs and expenses, be paid to the treasurer of the city in
which the authority was created and applied to public transportation
purposes. All other residual assets shall also be transferred to the
city by the appropriate instruments, together with an itemized
description thereof. The city may use the residual assets for any
other purpose, after transferring from its general fund to a city fund
dedicated to transportation purposes, an amount reasonably equivalent
to the fair market value of each asset being applied to a purpose other
than transportation.
(3) After an authority has transferred, or provided for the
transfer of remaining funds and residual assets to the city, the
governing board shall file on behalf of the authority a written
certificate of dissolution with the secretary of state. Upon filing of
the certificate of dissolution, an authority's existence shall
terminate and no longer exist as an entity.
(4) The transfer of funds and residual assets to the city in which
an authority was created shall not result in any liability of the city
for any obligation or liability of an authority.
Sec. 5 RCW 4.96.010 and 2001 c 119 s 1 are each amended to read
as follows:
(1) All local governmental entities, whether acting in a
governmental or proprietary capacity, shall be liable for damages
arising out of their tortious conduct, or the tortious conduct of their
past or present officers, employees, or volunteers while performing or
in good faith purporting to perform their official duties, to the same
extent as if they were a private person or corporation. Filing a claim
for damages within the time allowed by law shall be a condition
precedent to the commencement of any action claiming damages, except
for any action claiming damages against a city transportation authority
under chapter 35.95A RCW. The laws specifying the content for such
claims shall be liberally construed so that substantial compliance
therewith will be deemed satisfactory.
(2) Unless the context clearly requires otherwise, for the purposes
of this chapter, "local governmental entity" means a county, city,
town, special district, municipal corporation as defined in RCW
39.50.010, quasi-municipal corporation, or public hospital.
(3) For the purposes of this chapter, "volunteer" is defined
according to RCW 51.12.035.
Sec. 6 RCW 4.96.020 and 2001 c 119 s 2 are each amended to read
as follows:
(1) The provisions of this section apply to claims for damages
against all local governmental entities, except city transportation
authorities under chapter 35.95A RCW.
(2) The governing body of each local ((government [governmental]))
governmental entity shall appoint an agent to receive any claim for
damages made under this chapter. The identity of the agent and the
address where he or she may be reached during the normal business hours
of the local governmental entity are public records and shall be
recorded with the auditor of the county in which the entity is located.
All claims for damages against a local governmental entity shall be
presented to the agent within the applicable period of limitations
within which an action must be commenced.
(3) All claims for damages arising out of tortious conduct must
locate and describe the conduct and circumstances which brought about
the injury or damage, describe the injury or damage, state the time and
place the injury or damage occurred, state the names of all persons
involved, if known, and shall contain the amount of damages claimed,
together with a statement of the actual residence of the claimant at
the time of presenting and filing the claim and for a period of six
months immediately prior to the time the claim arose. If the claimant
is incapacitated from verifying, presenting, and filing the claim in
the time prescribed or if the claimant is a minor, or is a nonresident
of the state absent therefrom during the time within which the claim is
required to be filed, the claim may be verified, presented, and filed
on behalf of the claimant by any relative, attorney, or agent
representing the claimant.
(4) No action shall be commenced against any local governmental
entity for damages arising out of tortious conduct until sixty days
have elapsed after the claim has first been presented to and filed with
the governing body thereof. The applicable period of limitations
within which an action must be commenced shall be tolled during the
sixty-day period.
Sec. 7 RCW 36.93.090 and 1996 c 230 s 1608 are each amended to
read as follows:
Whenever any of the following described actions are proposed in a
county in which a board has been established, the initiators of the
action shall file within one hundred eighty days a notice of intention
with the board: PROVIDED, That when the initiator is the legislative
body of a governmental unit, the notice of intention may be filed
immediately following the body's first acceptance or approval of the
action. The board may review any such proposed actions pertaining to:
(1) The: (a) Creation, incorporation, or change in the boundary,
other than a consolidation, of any city, town, or special purpose
district; (b) consolidation of special purpose districts, but not
including consolidation of cities and towns; or (c) dissolution or
disincorporation of any city, town, or special purpose district, except
that a board may not review the dissolution or disincorporation of a
special purpose district which was dissolved or disincorporated
pursuant to the provisions of chapters 35.95A and 36.96 RCW: PROVIDED,
That the change in the boundary of a city or town arising from the
annexation of contiguous city or town owned property held for a public
purpose shall be exempted from the requirements of this section; or
(2) The assumption by any city or town of all or part of the
assets, facilities, or indebtedness of a special purpose district which
lies partially within such city or town; or
(3) The establishment of or change in the boundaries of a mutual
water and sewer system or separate sewer system by a water-sewer
district pursuant to RCW 57.08.065 ((or chapter 57.40 RCW)); or
(4) The extension of permanent water or sewer service outside of
its existing service area by a city, town, or special purpose district.
The service area of a city, town, or special purpose district shall
include all of the area within its corporate boundaries plus, (a) for
extensions of water service, the area outside of the corporate
boundaries which it is designated to serve pursuant to a coordinated
water system plan approved in accordance with RCW 70.116.050; and (b)
for extensions of sewer service, the area outside of the corporate
boundaries which it is designated to serve pursuant to a comprehensive
sewerage plan approved in accordance with chapter 36.94 RCW and RCW
90.48.110.
Sec. 8 RCW 43.21C.227 and 2002 c 93 s 2 are each amended to read
as follows:
(1) The disincorporation of a city or town is exempt from
compliance with this chapter.
(2) The reduction of city or town limits is exempt from compliance
with this chapter.
(3) The dissolution of a city transportation authority under
chapter 35.95A RCW is exempt from compliance with this chapter.
Sec. 9 RCW 53.48.010 and 1999 c 153 s 63 are each amended to read
as follows:
The following words and terms shall, whenever used in this chapter,
have the meaning set forth in this section:
(1) The term "district" as used herein, shall include all municipal
and quasi-municipal corporations having a governing body, other than
cities, towns, counties, and townships, such as port districts, school
districts, water-sewer districts, fire protection districts, and all
other special districts of similar organization, but shall not include
local improvement districts, diking, drainage and irrigation districts,
special districts as defined in RCW 85.38.010, nor public utility
districts. The term "district" as used herein does not include a city
transportation authority under chapter 35.95A RCW.
(2) The words "board of commissioners," as used herein, shall mean
the governing authority of any district as defined in subdivision (1)
of this section.
Sec. 10 RCW 35.95A.050 and 2002 c 248 s 5 are each amended to
read as follows:
(1) Every authority has the following powers:
(((1) To acquire by purchase, condemnation, gift, or grant and to
lease, construct, add to, improve, replace, repair, maintain, operate,
and regulate the use of public monorail transportation facilities,
including passenger terminal and parking facilities and properties, and
other facilities and properties as may be necessary for passenger and
vehicular access to and from public monorail transportation facilities,
together with all lands, rights of way, and property within or outside
the authority area, and together with equipment and accessories
necessary or appropriate for these facilities, except that property,
including but not limited to other types of public transportation
facilities, that is owned by any city, county, county transportation
authority, public transportation benefit area, metropolitan municipal
corporation, or regional transit authority may be acquired or used by
an authority only with the consent of the public entity owning the
property. The entities are authorized to convey or lease property to
an authority or to contract for their joint use on terms fixed by
agreement between the entity and the authority;)) To exercise all other powers necessary and appropriate to
carry out its responsibilities, including without limitation the power
to sue and be sued, to own, ((
(2) To fix rates, tolls, fares, and charges for the use of
facilities and to establish various routes and classes of service.
Rates, tolls, fares, or charges may be adjusted or eliminated for any
distinguishable class of users including, but not limited to, senior
citizens and handicapped persons;
(3) To contract with the United States or any of its agencies, any
state or any of its agencies, any metropolitan municipal corporation,
and other country, city, other political subdivision or governmental
instrumentality, or governmental agency, or any private person, firm,
or corporation for the purpose of receiving any gifts or grants or
securing loans or advances for preliminary planning and feasibility
studies, or for the design, construction, operation, or maintenance of
public monorail transportation facilities as follows:
(a) Notwithstanding the provisions of any law to the contrary, and
in addition to any other authority provided by law, the governing body
of a city transportation authority may contract with one or more
vendors for the design, construction, operation, or maintenance, or
other service related to the development of a monorail public
transportation system including, but not limited to, monorail trains,
operating systems and control equipment, guideways, and pylons,
together with the necessary passenger stations, terminals, parking
facilities, and other related facilities necessary and appropriate for
passenger and vehicular access to and from the monorail train.
(b) If the governing body of the city transportation authority
decides to proceed with the consideration of qualifications or
proposals for services from qualified vendors, the authority must
publish notice of its requirements and request submission of
qualifications statements or proposals. The notice must be published
in the official newspaper of the city creating the authority at least
once a week for two weeks, not less than sixty days before the final
date for the submission of qualifications statements or proposals. The
notice must state in summary form: (i) The general scope and nature of
the design, construction, operation, maintenance, or other services
being sought related to the development of the proposed monorail, tram,
or trolley public transportation system; (ii) the name and address of
a representative of the city transportation authority who can provide
further details; (iii) the final date for the submission of
qualifications statements or proposals; (iv) an estimated schedule for
the consideration of qualifications statements or proposals, the
selection of vendors, and the negotiation of a contract or contracts
for services; (v) the location of which a copy of any requests for
qualifications statements or requests for proposals will be made
available; and (vi) the criteria established by the governing body of
the authority to select a vendor or vendors, which may include, but is
not limited to, the vendor's prior experience, including design,
construction, operation, or maintenance of other similar public
transportation facilities, respondent's management capabilities,
proposed project schedule, availability and financial resources, costs
of the services to be provided, nature of facility design proposed by
the vendors, system reliability, performance standards required for the
facilities, compatibility with existing public transportation
facilities operated by the authority or any other public body or other
providers of similar services to the public, project performance
guarantees, penalties, and other enforcement provisions, environmental
protection measures to be used by the vendor, consistency with the
applicable regional transportation plans, and the proposed allocation
of project risks.
(c) If the governing body of the city transportation authority
decides to proceed with the consideration of qualifications statements
or proposals submitted by vendors, it may designate a representative to
evaluate the vendors who submitted qualifications statements or
proposals and conduct discussions regarding qualifications or proposals
with one or more vendors. The governing body or its representative may
request submission of qualifications statements and may later request
more detailed proposals from one or more vendors who have submitted
qualifications statements, or may request detailed proposals without
having first received and evaluated qualifications statements. The
governing body or its representative will evaluate the qualifications
or proposals, as applicable. If two or more vendors submit
qualifications or proposals that meet the criteria established by the
governing body of the authority, discussions and interviews must be
held with at least two vendors. Any revisions to a request for
qualifications or request for proposals must be made available to all
vendors then under consideration by the governing body of the authority
and must be made available to any other person who has requested
receipt of that information.
(d) Based on the criteria established by the governing body of the
authority, the representative will recommend to the governing body a
vendor or vendors that are initially determined to be the best
qualified to provide one or more of the design, construction, operation
or maintenance, or other service related to the development of the
proposed monorail public transportation system.
(e) The governing body of the authority or its representative may
attempt to negotiate a contract with the vendor or vendors selected for
one or more of the design, construction, operation or maintenance, or
other service related to the development of the proposed monorail
public transportation system on terms that the governing body of the
authority determines to be fair and reasonable and in the best interest
of the authority. If the governing body, or its representative, is
unable to negotiate a contract with any one or more of the vendors
first selected on terms that it determines to be fair and reasonable
and in the best interest of the authority, negotiations with any one or
more of the vendors must be terminated or suspended and another
qualified vendor or vendors may be selected in accordance with the
procedures set forth in this section. If the governing body decides to
continue the process of selection, negotiations will continue with a
qualified vendor or vendors in accordance with this section at the sole
discretion of the governing body of the authority until an agreement is
reached with one or more qualified vendors, or the process is
terminated by the governing body. The process may be repeated until an
agreement is reached.
(f) Prior to entering into a contract with a vendor, the governing
body of the authority must make written findings, after holding a
public hearing on the proposal, that it is in the public interest to
enter into the contract, that the contract is financially sound, and
that it is advantageous for the governing body of the authority to use
this method for awarding contracts for one or more of the design,
construction, or operation or maintenance of the proposed monorail
public transportation system as compared to all other methods of
awarding such contracts.
(g) Each contract must include a project performance bond or bonds
or other security by the vendor.
(h) The provisions of chapters 39.12 and 39.19 RCW apply to a
contract entered into under this section as if the public
transportation systems and facilities were owned by a public body.
(i) The vendor selection process permitted by this section is
supplemental to and is not construed as a repeal of or limitation on
any other authority granted by law.
(j) Contracts for the construction of facilities, other than
contracts for facilities to be provided by the selected vendor, with an
estimated cost greater than two hundred thousand dollars must be
awarded after a competitive bid process consistent with chapter 39.04
RCW or awarded through an alternative public works contracting
procedure consistent with chapter 39.10 RCW;
(4) To contract with the United States or any of its agencies, any
state or any of its agencies, any metropolitan municipal corporation,
any other county, city, other political subdivision or governmental
instrumentality, any governmental agency, or any private person, firm,
or corporation for the use by either contracting party of all or any
part of the facilities, structures, lands, interests in lands, air
rights over lands, and rights of way of all kinds which are owned,
leased, or held by the other party and for the purpose of planning,
designing, constructing, operating any public transportation facility,
or performing any service related to transportation which the authority
is authorized to operate or perform, on terms as may be agreed upon by
the contracting parties;
(5) To acquire any existing public transportation facility by
conveyance, sale, or lease. In any acquisition from a county, city, or
other political subdivision of the state, the authority will receive
credit from the county or city or other political subdivision for any
federal assistance and state matching assistance used by the county or
city or other political subdivision in acquiring any portion of the
public transportation facility. Upon acquisition, the authority must
assume and observe all existing labor contracts relating to the public
transportation facility and, to the extent necessary for operation of
the public transportation facility, all of the employees of the public
transportation facility whose duties are necessary to efficiently
operate the public transportation facility must be appointed to
comparable positions to those which they held at the time of the
transfer, and no employee or retired or pensioned employee of the
public transportation facility will be placed in any worse position
with respect to pension seniority, wages, sick leave, vacation, or
other benefits than he or she enjoyed as an employee of the public
transportation facility prior to the acquisition. Furthermore, the
authority must engage in collective bargaining with the duly appointed
representatives of any employee labor organization having existing
contracts with the acquired facility and may enter into labor contracts
with the employee labor organization;
(6) To contract for, participate in, and support research,
demonstration, testing, and development of public monorail
transportation facilities, equipment, and use incentives, and have all
powers necessary to comply with any criteria, standards, and
regulations which may be adopted under state and federal law, and to
take all actions necessary to meet the requirements of those laws. The
authority has, in addition to these powers, the authority to prepare,
adopt, and carry out a comprehensive public monorail plan and to make
other plans and studies and to perform programs as the authority deems
necessary to implement and comply with those laws;
(7) To establish local improvement districts within the authority
area to finance public monorail transportation facilities, to levy
special assessments on property specially benefited by those
facilities, and to issue local improvement bonds to be repaid by the
collection of local improvement assessments. The method of
establishment, levying, collection, enforcement, and all other matters
relating to the local improvement districts, assessments, collection,
and bonds are as provided in the statutes governing local improvement
districts of cities and towns. The duties devolving upon the city
treasurer in those statutes are imposed on the treasurer of the
authority;
(8)construct, purchase,)) lease, add to, and
maintain any real and personal property or property rights necessary
for the conduct of the affairs of the authority, to enter into
contracts, and to employ the persons as the authority deems
appropriate. An authority may also sell, lease, convey, or otherwise
dispose of any real or personal property no longer necessary for the
conduct of the affairs of the authority.
(2) Upon the effective date of this section, an authority shall
exercise the powers described in subsection (1) of this section only to
the extent necessary to dissolve the authority.
Sec. 11 RCW 35.95A.080 and 2002 c 248 s 9 are each amended to
read as follows:
(((1))) Every authority has the power to levy and collect a special
excise tax not exceeding ((two and one-half)) 1.4 percent on the value
of every motor vehicle owned by a resident of the authority area for
the privilege of using a motor vehicle. ((Before utilization of any
excise tax money collected under this section for acquisition of right
of way or construction of a public monorail transportation facility on
a separate right of way, the authority must adopt rules affording the
public an opportunity for corridor public hearings and design public
hearings, which provide in detail the procedures necessary for public
participation in the following instances: (a) Prior to adoption of
location and design plans having a substantial social, economic, or
environmental effect upon the locality upon which they are to be
constructed; or (b) on the public transportation facilities operating
on a separate right of way whenever a substantial change is proposed
relating to location or design in the adopted plan. In adopting rules
the authority must adhere to the provisions of the administrative
procedure act.)) An
authority shall not decrease the tax rate levied as of January 1, 2006.
An authority shall not levy or collect the special excise tax under
this section once the debt and obligations, including judgments, of the
authority have been satisfied and the notice of intent to dissolve has
been filed with the secretary of state.
(2) A "corridor public hearing" is a public hearing that: (a) Is
held before the authority is committed to a specific route proposal for
the public transportation facility, and before a route location is
established; (b) is held to afford an opportunity for participation by
those interested in the determination of the need for, and the location
of, the public transportation facility; and (c) provides a public forum
that affords a full opportunity for presenting views on the public
transportation facility route location, and the social, economic, and
environmental effects on that location and alternate locations.
However, the hearing is not deemed to be necessary before adoption of
a transportation plan as provided in section 7 of this act or a vote of
the qualified electors under subsection (5) of this section.
(3) A "design public hearing" is a public hearing that: (a) Is
held after the location is established but before the design is
adopted; (b) is held to afford an opportunity for participation by
those interested in the determination of major design features of the
public monorail transportation facility; and (c) provides a public
forum to afford a full opportunity for presenting views on the public
transportation system design, and the social, economic, and
environmental effects of that design and alternate designs, including
people-mover technology.
(4) An authority imposing a tax under subsection (1) of this
section may also impose a sales and use tax, in addition to any tax
authorized by RCW 82.14.030, upon retail car rentals within the city
that are taxable by the state under chapters 82.08 and 82.12 RCW. The
rate of tax must not exceed 1.944 percent of the base of the tax. The
base of the tax will be the selling price in the case of a sales tax or
the rental value of the vehicle used in the case of a use tax. The
revenue collected under this subsection will be distributed in the same
manner as sales and use taxes under chapter 82.14 RCW.
(5) Before any authority may impose any of the taxes authorized
under this section, the authorization for imposition of the taxes must
be approved by the qualified electors of the authority area.
Sec. 12 RCW 35.95A.110 and 2002 c 248 s 12 are each amended to
read as follows:
All taxes and fees levied and collected by an authority must be
used solely for the purpose of dissolving the authority and paying all
or any part of ((the cost of acquiring, designing, constructing,
equipping, maintaining, or operating public monorail transportation
facilities or contracting for the services thereof, or to pay or secure
the payment of all or part of)) the principal of or interest on any
general obligation bonds or revenue bonds issued for authority
purposes. ((Until expended, money accumulated in the funds and
accounts of an authority may be invested in the manner authorized by
the governing body of the authority, consistent with state law.))
If any of the revenue from any tax or fee authorized to be levied
by an authority has been pledged by the authority to secure the payment
of any bonds as herein authorized, then as long as that pledge is in
effect the legislature will not withdraw from the authority the
authorization to levy and collect the tax or fee.
NEW SECTION. Sec. 13 A new section is added to chapter 35.95A
RCW to read as follows:
When liquidating an interest in real property that an authority
originally acquired by condemnation or by a deed in lieu of
condemnation, the authority shall, to the extent reasonably possible,
offer the person or persons from whom the authority acquired that
interest a reasonable opportunity to reacquire that interest on terms
substantially similar to the terms on which the authority acquired that
interest. An authority has sole discretion to determine whether making
the offer is reasonably possible, whether the terms of the offer are
substantially similar to the terms on which the authority acquired the
interest, whether the opportunity to accept the offer is reasonable,
and whether the opportunity to accept the offer has been timely
exercised. No alleged failure by an authority to make an offer as
required by this section shall:
(1) Give rise to a claim for injunctive relief or damages; or
(2) Affect the validity of any conveyance by the authority of an
interest in real property.
NEW SECTION. Sec. 14 The following acts or parts of acts are
each repealed:
(1) RCW 35.95A.020 (Creation of authority -- Vote of the people) and
2002 c 248 s 2;
(2) RCW 35.95A.030 (Creation by ordinance -- Proposal by petition)
and 2002 c 248 s 3;
(3) RCW 35.95A.040 (Authority subject to standard requirements of
governmental entity) and 2002 c 248 s 4;
(4) RCW 35.95A.070 (Excess levies -- General obligation bonds--Revenue bonds) and 2002 c 248 s 8;
(5) RCW 35.95A.090 (Vehicle license fees -- Vote of the people) and
2002 c 248 s 10;
(6) RCW 35.95A.100 (Property tax levies) and 2002 c 248 s 11;
(7) RCW 35.95A.120 (Dissolution of authority) and 2003 c 147 s 14
& 2002 c 248 s 13; and
(8) RCW 35.95A.140 (Requirements for signage) and 2005 c 19 s 2.
NEW SECTION. Sec. 15 The following acts or parts of acts are
each repealed:
(1) RCW 35.95A.010 (Definitions) and 2002 c 248 s 1;
(2) RCW 35.95A.050 (Powers) and 2006 c ... s 10 (section 10 of this
act) & 2002 c 248 s 5;
(3) RCW 35.95A.060 (Funds and accounts -- Designation of treasurer)
and 2002 c 248 s 6;
(4) RCW 35.95A.080 (Special excise tax -- Public hearings) and 2006
c ... s 11 (section 11 of this act) & 2002 c 248 s 9;
(5) RCW 35.95A.110 (Taxes and fees -- Limitation on use) and 2006 c
... s 12 (section 12 of this act) & 2002 c 248 s 12;
(6) RCW 35.95A.130 (Special excise tax -- Collection) and 2002 c 248
s 14;
(7) Section 1 of this act;
(8) Section 2 of this act;
(9) Section 3 of this act;
(10) Section 4 of this act; and
(11) Section 13 of this act.
NEW SECTION. Sec. 16 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 17 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, except for section 15 of this act which takes effect July
1, 2008.