AN ACT Relating to metropolitan municipal corporations; amending RCW 35.58.130, 35.58.140, 35.58.160, 35.58.200, and 36.94.040; adding new sections to chapter 35.58 RCW; and repealing RCW 35.58.118, 35.58.120, 35.58.150, and 35.58.270.

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

NEW SECTION. Sec. 1. A new section is added to chapter 35.58 RCW to read as follows:

(1) A metropolitan municipal corporation shall be governed by a metropolitan council composed of the following:

(a) The members of the county legislative authority of the central county;

(b) Directly elected members equal in number to the number of members of the legislative authority of the central county where all directly elected members shall be nominated and elected on an at-large basis throughout the metropolitan municipal corporation: PROVIDED, That if the boundaries of the metropolitan municipal corporation are coterminous with the boundaries of the central county and all of the members of the county legislative authority are nominated from county legislative authority districts, one directly elected member shall be nominated and elected from each of the county legislative authority districts of the central county; and

(2) The directly elected members shall be elected for staggered four-year terms. Elections shall be held at the general election in each odd-numbered year and shall be held in accordance with chapter 29.21 RCW. No employees of the metropolitan municipal corporation may be elected to, or serve as an elected member of, the metropolitan council. An elected official or employee of any other local government located within the boundaries of the metropolitan municipal corporation may be elected to, and serve as an elected member of, the metropolitan council. The common law doctrine of the incompatibility of public offices is altered as it is contrary to this section. If the voters authorize the creation of a metropolitan municipal corporation, the initial directly elected members shall be elected at the first general election occurring one hundred twenty or more days after the date the metropolitan municipal corporation is created. If this initial election occurs in an odd-numbered year, a majority of the initial directly elected members shall be elected for four-year terms, and the remainder for two-year terms. If this initial election occurs in an even-numbered year, a majority of the initial directly elected members shall be elected to three-year terms and the remainder for one-year terms. The initial directly elected members shall assume office immediately when qualified in accordance with RCW 29.01.135, and until their successors are elected and qualify and assume office in accordance with RCW 29.04.170. Those initial directly elected members receiving the greatest number of votes shall receive the longer initial terms of office. The terms of these initial directly elected members shall be computed from the first day of January next following this election.

(3) Vacancies in the office of directly elected members shall be filled by action of the council appointing someone qualified to hold office for the particular position vacated. The appointee shall remain in office until a successor to the position is elected at the next special district general election held sixty or more days after the date of the vacancy, to serve the remainder of the unexpired term. If this position would normally be filled at this election, two elections shall not be held and the person otherwise elected to fill the position shall assume office immediately when elected and qualified in accordance with RCW 29.04.170.

NEW SECTION. Sec. 2. A new section is added to chapter 35.58 RCW to read as follows:

The metropolitan council of a metropolitan municipal corporation in existence as of the effective date of this act shall continue as constituted immediately prior to the effective date of this act until the date of the 1987 general election. At the date of the 1987 general election, the metropolitan council shall be reconstituted pursuant to section 1 of this act. Directly elected members to the metropolitan council shall be elected at this 1987 general election as provided in section 1 of this act.

Sec. 3. Section 35.58.130, chapter 7, Laws of 1965 and RCW 35.58.130 are each amended to read as follows:

At the first meeting of the metropolitan council following the formation of a metropolitan municipal corporation, the ((~~mayor~~)) chairman of the county legislative authority of the central ((~~city~~)) county shall serve as temporary chairman. As its first official act the council shall elect a chairman. The chairman shall be a voting member of the council and shall preside at all meetings. In the event of his absence or inability to act the council shall select one of its members to act as chairman pro tempore. Prior to the assumption of office by the initial directly elected members, a majority of the metropolitan council members who are elected county officials shall constitute a quorum for the transaction of business. After the initial directly elected members assume office, a majority of all members of the council shall constitute a quorum for the transaction of business. A smaller number of council members than a quorum may ((~~adjourn~~)) convene from time to time and may compel the attendance of absent members in such manner and under such penalties as the council may provide. The council shall determine its own rules and order of business, shall provide by resolution for the manner and time of holding all regular and special meetings and shall keep a journal of its proceedings which shall be a public record. Every legislative act of the council of a general or permanent nature shall be by resolution.

Sec. 4. Section 35.58.140, chapter 7, Laws of 1965 as last amended by section 6, chapter 303, Laws of 1971 ex. sess. and RCW 35.58.140 are each amended to read as follows:

Each member of a metropolitan council ((~~except those selected under the provisions of RCW 35.58.120(1)(a), (5), (7), and (8), shall hold office at the pleasure of the body which selected him. Each member,~~)) who shall hold office ((~~ex officio~~)) by virtue of being an elected county official, may not hold office after ((he)) the member ceases to hold the position of elected county executive, ((~~mayor, commissioner, or councilman~~)) or member of the county legislative authority. The chairman shall hold office until the second Tuesday in July of each even-numbered year and may, if reelected, serve more than one term. Each member shall hold office until his successor has been selected as provided in this chapter.

Sec. 5. Section 35.58.160, chapter 7, Laws of 1965 as last amended by section 1, chapter 330, Laws of 1985 and RCW 35.58.160 are each amended to read as follows:

((The chairman and committee chairmen of the metropolitan council except elected public officials serving on a full-time salaried basis may receive such compensation as the other members of the metropolitan council shall provide.)) The directly elected members of the council ((~~other than the chairman and committee chairmen~~)) shall receive compensation of fifty dollars per day or portion thereof for attendance at metropolitan council or committee meetings, or for performing other services on behalf of the metropolitan municipal corporation, but not exceeding a total of four thousand eight hundred dollars in any year((~~, in addition to any compensation which they may receive as officers of component cities or counties: PROVIDED, That elected public officers serving in such capacities on a full-time basis~~)). Elected county officials serving on the council shall not receive compensation for attendance at metropolitan((,)) council((,)) or committee meetings((, or otherwise performing services on behalf of the metropolitan municipal corporation: PROVIDED FURTHER, That committee chairmen shall not receive compensation in any one year greater than one-third of the compensation authorized for the county commissioners or county councilmen of the central county)).

Any member of the council 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 council as provided in this section. The waiver, to be effective, must be filed any time after the member's selection 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.

All members of the council shall be reimbursed for expenses actually incurred by them in the conduct of official business for the metropolitan municipal corporation.

Sec. 6. Section 35.58.200, chapter 7, Laws of 1965 as last amended by section 1, chapter 36, Laws of 1975 and RCW 35.58.200 are each amended to read as follows:

If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan water pollution abatement, it shall have the following powers in addition to the general powers granted by this chapter:

(1) To prepare a comprehensive water pollution abatement plan including provisions for waterborne pollutant removal, water quality improvement, sewage disposal, and storm water drainage for the metropolitan area.

(2) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of metropolitan facilities for water pollution abatement, including but not limited to, removal of waterborne pollutants, water quality improvement, sewage disposal and storm water drainage within or without the metropolitan area, including but not limited to trunk, interceptor and outfall sewers, whether used to carry sanitary waste, storm water, or combined storm and sanitary sewage, lift and pumping stations, pipelines, drains, sewage treatment plants, flow control structures together with all lands, property rights, equipment and accessories necessary for such facilities. Sewer facilities which are owned by a county, city, or special district may be acquired or used by the metropolitan municipal corporation only with the consent of the legislative body of the county, city, or special districts owning such facilities. Counties, cities, and special districts are hereby authorized to convey or lease such facilities to metropolitan municipal corporations or to contract for their joint use on such terms as may be fixed by agreement between the legislative body of such county, city, or special district and the metropolitan council, without submitting the matter to the voters of such county, city, or district.

(3) To require counties, cities, special districts and other political subdivisions to discharge sewage collected by such entities from any portion of the metropolitan area which can drain by gravity flow into such metropolitan facilities as may be provided to serve such areas when the metropolitan council shall declare by resolution that the health, safety, or welfare of the people within the metropolitan area requires such action.

(4) To fix rates and charges for the use of metropolitan water pollution abatement facilities, and to expend the moneys so collected for authorized water pollution abatement activities.

(5) To establish minimum standards for the construction of local water pollution abatement facilities that will be physically connected with the metropolitan municipal corporation's water pollution abatement facilities and to approve plans for construction of such facilities by component counties or cities or by special districts, which are connected to the facilities of the metropolitan municipal corporation. No such county, city, or special district shall construct such facilities without first securing such approval.

(6) To acquire by purchase, condemnation, gift, or grant, to lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of facilities for the local collection of sewage or storm water in portions of the metropolitan area not contained within any city or special district operating local public sewer facilities and, with the consent of the legislative body of any such city or special district, to exercise such powers within such city or special district and for such purpose to have all the powers conferred by law upon such city or special district with respect to such local collection facilities: PROVIDED, That such consent shall not be required if the department of ecology certifies that a water pollution problem exists within any such city or special district and notifies the city or special district to correct such problem and corrective construction of necessary local collection facilities shall not have been commenced within one year after notification. All costs of such local collection facilities shall be paid for by the area served thereby.

(7) To participate fully in federal and state programs under the federal water pollution control act (86 Stat. 816 et seq., 33 U.S.C. 1251 et seq.) and to take all actions necessary to secure to itself or its component agencies the benefits of that act and to meet the requirements of that act, including but not limited to the following:

(a) Authority to develop and implement such plans as may be appropriate or necessary under the act.

(b) Authority to require by appropriate regulations that its component agencies comply with all effluent treatment and limitation requirements, standards of performance requirements, pretreatment requirements, a user charge and industrial cost recovery system conforming to federal regulation, and all conditions of national permit discharge elimination system permits issued to the metropolitan municipal corporation or its component agencies. Adoption of such regulations and compliance therewith shall not constitute a breach of any sewage disposal contract between a metropolitan municipal corporation and its component agencies nor a defense to an action for the performance of all terms and conditions of such contracts not inconsistent with such regulations and such contracts, as modified by such regulations, shall be in all respects valid and enforceable.

Sec. 7. Section 4, chapter 72, Laws of 1967 and RCW 36.94.040 are each amended to read as follows:

The sewerage and/or water general plan must incorporate the provisions of existing comprehensive plans relating to sewerage and water systems of cities, towns, municipalities, and private utilities, to the extent they have been implemented.

((In any county in which a metropolitan municipal corporation is authorized to perform the sewerage disposal or water supply function, any sewerage and/or water general plan shall be approved by the metropolitan municipal corporation prior to adoption by the county.))

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) Section 10, chapter 105, Laws of 1967, section 4, chapter 303, Laws of 1971 ex. sess. and RCW 35.58.118;

(2) Section 35.58.120, chapter 7, Laws of 1965, section 3, chapter 105, Laws of 1967, section 1, chapter 135, Laws of 1969 ex. sess., section 5, chapter 303, Laws of 1971 ex. sess., section 5, chapter 70, Laws of 1974 ex. sess., section 3, chapter 190, Laws of 1981, section 1, chapter 92, Laws of 1983 and RCW 35.58.120;

(3) Section 35.58.150, chapter 7, Laws of 1965, section 5, chapter 105, Laws of 1967, section 1, chapter 44, Laws of 1984 and RCW 35.58.150; and

(4) Section 35.58.270, chapter 7, Laws of 1965, section 12, chapter 105, Laws of 1967 and RCW 35.58.270.