FINAL BILL REPORT
C 189 L 90
BYSenate Committee on Financial Institutions & Insurance (originally sponsored by Senators Williams, von Reichbauer, Moore, Rinehart, Niemi, Talmadge and Murray)
Changing provisions relating to purchase and sale of property and policy decisions by certain public corporations.
Senate Committee on Financial Institutions & Insurance
House Committe on Local Government
SYNOPSIS AS ENACTED
Counties, cities, and towns are authorized by state law to create public corporations. These corporations may be empowered to administer and execute federal grants or programs and to receive and administer private funds, goods or services for any lawful public purpose, and basically perform any lawful public purpose or public function the county, city or town determines that the public corporation should perform. The public corporation so created has the authority among other things to own and sell real and personal property.
Several cities have established public corporations called preservation and development authorities (PDAs) to manage public and private funds for the preservation of historic properties. Several of the public corporations that manage historical properties have entered into agreements with investor groups to help finance their operations when public funding was inadequate. Involved in these agreements was a transfer of an interest in the property managed by the corporation.
Cities are authorized by law to establish and regulate public markets.
Public corporations that are PDAs have been established to perform many functions including the operation of public markets. A public market is not specifically defined in the law enabling cities to operate public markets or the law giving cities the power of eminent domain.
It has been suggested that before any interest in property is transferred by a public corporation, a public hearing should be required. It has also been suggested that a city should have the specific authority to exercise eminent domain powers over public markets managed by public corporations.
A city is required to impose deed restrictions that are necessary to ensure the continued use of any property transferred to a public corporation so that the property continues to be used for the public purpose for which it was transferred. A city, county or town creating a public corporation must require the corporation to give 30 days written notice of any proposed sale or encumbrance of any real property that was transferred to the corporation from the county, city or town. Notice must be sent to the chief executive and legislative body of the county, city or town, to each local newspaper of general circulation, and to each radio or television station that has filed a written request to be notified with the public corporation.
A public corporation may not sell or encumber any property that has been transferred to it by a city, county or town unless the sale or encumbrance has been approved by the governing body of the public corporation at a public meeting. The meeting is subject to the notice requirements for special meetings under the Open Public Meetings Act. The corporation must also advertise notice of a special meeting in a local newspaper of general circulation at least twice.
Added to the definition contained in the eminent domain statute is a definition of "public market." A public market is defined to include all real or personal property located in a district or area designated by a city as a "public market," that is traditionally devoted to providing farmers, crafts vendors, and other merchants retail space and is managed in whole or in part by a public corporation. A "public market" is not required to be exclusively or primarily used for traditional public market activities and may include areas used for other public purposes.
A first class city is given the power to establish a "public market" with the same definition in the eminent domain statute. A city or town's authority to acquire and operate public markets is expanded to include the public market definition added to the eminent domain statute.
VOTES ON FINAL PASSAGE:
Senate 37 7
House 93 4 (House amended)
Senate 37 7 (Senate concurred)
EFFECTIVE:June 7, 1990