BILL REQ. #:  H-0411.1 

Read first time 02/12/09.   Referred to Committee on Local Government & Housing.

     AN ACT Relating to parking and business improvement areas; and amending RCW 35.87A.010, 35.87A.030, 35.87A.060, and 35.87A.100.

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

Sec. 1   RCW 35.87A.010 and 2005 c 178 s 1 are each amended to read as follows:
     To aid general economic development and neighborhood revitalization, and to facilitate the cooperation of merchants, businesses, and residential property owners which assists trade, economic viability, and liveability, the legislature hereby authorizes all counties and all incorporated cities and towns, including unclassified cities and towns operating under special charters:
     (1) To establish((, after a petition submitted by the operators responsible for sixty percent of the assessments by businesses and multifamily residential or mixed-use projects within the area)) in accordance with this chapter, parking and business improvement areas, hereafter referred to as area or areas, for the following purposes:
     (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area;
     (b) Decoration of any public place in the area;
     (c) Sponsorship or promotion of public events which are to take place on or in public places in the area;
     (d) Furnishing of music in any public place in the area;
     (e) Providing professional management, planning, and promotion for the area, including the management and promotion of retail trade activities in the area;
     (f) Providing maintenance and security for common, public areas; or
     (g) Providing transportation services for the benefit of the area.
     (2) To levy special assessments on all businesses and multifamily residential or mixed-use projects within the area and specially benefited by a parking and business improvement area to pay in whole or in part the damages or costs incurred therein as provided in this chapter.

Sec. 2   RCW 35.87A.030 and 1993 c 429 s 3 are each amended to read as follows:
     (1) For the purpose of establishing a parking and business improvement area, an initiation petition may be presented to the legislative authority having jurisdiction of the area in which the proposed parking and business improvement area is to be located or the legislative authority may by resolution initiate a parking and business improvement area. The initiation petition or resolution shall contain the following:
     (((1))) (a) A description of the boundaries of the proposed area;
     (((2))) (b) The proposed uses and projects to which the proposed special assessment revenues shall be put and the total estimated cost thereof;
     (((3))) (c) The estimated rate of levy of special assessment with a proposed breakdown by class of business and multifamily residential or mixed-use project if such classification is to be used.
     ((The)) (2) An initiating petition shall also contain the signatures of the persons who operate businesses and residential operators in the proposed area which would pay ((fifty)) at least sixty percent of the proposed special assessments.

Sec. 3   RCW 35.87A.060 and 1993 c 429 s 5 are each amended to read as follows:
     Whenever a hearing is held under this chapter, the legislative authority shall hear all protests and receive evidence for or against the proposed action. The legislative authority may continue the hearing from time to time. Proceedings shall terminate if protest is made by businesses and residential operators in the proposed area which would pay ((a majority)) forty percent or more of the proposed special assessments.

Sec. 4   RCW 35.87A.100 and 1993 c 429 s 8 are each amended to read as follows:
     If the legislative authority, following the hearing, decides to establish the proposed area, it shall adopt an ordinance to that effect. This ordinance shall contain the following information:
     (1) The number, date and title of the resolution of intention pursuant to which it was adopted;
     (2) The time and place the hearing was held concerning the formation of such area;
     (3) The description of the boundaries of such area;
     (4) A statement that the businesses and multifamily residential or mixed-use projects in the area established by the ordinance shall be subject to the provisions of the special assessments authorized by RCW 35.87A.010;
     (5) The initial or additional rate or levy of special assessment to be imposed with a breakdown by classification of business and multifamily residential or mixed-use project, if such classification is used; ((and))
     (6) A statement that a parking and business improvement area has been established((.)); and
     (7) The uses to which the special assessment revenue shall be put. Uses shall conform to the uses as declared in the initiation petition presented pursuant to RCW 35.87A.030.