AN ACT Relating to metropolitan municipal corporations; amending RCW 35.58.040, 36.56.040, 35.58.090, and 35.58.410; adding new sections to chapter 35.58 RCW; repealing RCW 35.58.118, 35.58.120, 35.58.130, 35.58.140, 35.58.150, 35.58.160, 35.58.270, and 35.58.420; and providing an effective date.

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

NEW SECTION. Sec. 1. A metropolitan municipal corporation shall be governed by a metropolitan council consisting of nine members who are elected directly to the council from council districts and who shall serve four-year staggered terms until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.

Council members shall be elected at elections held in odd-numbered years, except the initial election and an election to fill a vacancy on the council may be held in either an odd- numbered or even-numbered year. All elections shall be held in conformance with the provisions of Title 29 RCW.

Annually the metropolitan council shall elect one of its number as the president and another as secretary of the council, who shall serve at the pleasure of the council.

The council may establish committees.

NEW SECTION. Sec. 2. The initial members of a metropolitan council shall be elected at the same election that the ballot proposition authorizing the formation of the proposed metropolitan municipal corporation is submitted. The election of the initial council members is void if the metropolitan municipal corporation is not formed.

Candidates for the council shall run for council positions and the candidate receiving the greatest number of votes for each position shall be elected to that position. The candidates shall run at large for the initial council positions, except as follows:

(1) One candidate shall be elected to a council position from each of nine separate county legislative authority districts if the proposed metropolitan municipal corporation is coterminous with the boundaries of a county with nine county legislative authority districts that are used to either nominate or elect members of the county legislative authority.

(2) One candidate shall be elected to each of three council positions from each of three separate county legislative authority districts if the proposed metropolitan municipal corporation is coterminous with the boundaries of a county with three county legislative authority districts that are used to either nominate or elect members of the county legislative authority.

The initial council members shall assume office immediately upon their election and qualification. If the initial election was held in an odd-numbered year, the five initial council members receiving the greatest number of votes shall serve terms of four years and the other four initial council members shall serve terms of two years, until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. If the initial election was held in an even-numbered year, the five initial council members receiving the greatest number of votes shall serve terms of three years and the other four initial council members shall serve terms of one year, until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. For purposes of computing the terms of office of the initial council members, it shall be assumed that the terms commence on the first day in January in the year following their election.

NEW SECTION. Sec. 3. After the election of the initial council members, each council member shall reside in, be nominated from, and be elected from a separate council district.

The council districts shall be the same as the county legislative authority districts if the boundaries of the metropolitan municipal corporation are coterminous with the boundaries of the central county and the central county has nine county legislative authority districts. The metropolitan council shall establish nine council districts if these conditions do not exist, which council districts, as nearly as possible, shall follow precinct lines, follow neighborhood and community boundaries, and include approximately equal populations. A metropolitan council shall redraw these council district lines to reflect the concept of "one person, one vote" within six months of the date whenever state redistricting data is released to the state.

NEW SECTION. Sec. 4. A vacancy in a council position shall be filled by action of the metropolitan council selecting a person qualified to hold the position until a person is elected to fill the remainder of the unexpired term at the next district general election, as provided in RCW 29.21.360, 29.21.370, and 29.21.410. The person so elected shall take office immediately when qualified as defined in RCW 29.01.135. When the election to fill the vacancy is the same election at which a person for that council position normally would be elected for the succeeding term, a single election shall be held and the person elected to the succeeding term shall take office immediately when qualified, as defined in RCW 29.01.135, and shall serve the remainder of the unexpired term as well as the succeeding term.

NEW SECTION. Sec. 5. Each member of a metropolitan council shall receive per diem compensation at a rate of fifty dollars per day for each day or major portion thereof devoted to the business of the metropolitan municipal corporation, and for attending each meeting of the council or a subcommittee of the council, unless the council reduces the amount of per diem compensation, but not to exceed seven thousand dollars in any one year.

Additionally, each member of a metropolitan council shall receive a salary as follows: (1) Five hundred dollars per month, unless the council reduces the amount of salary, if the metropolitan municipal corporation had expenditures in excess of fifty million dollars in the preceding calendar year; and (2) three hundred fifty dollars per month, unless the council reduces the amount of salary, if the metropolitan municipal corporation had expenditures of from ten million dollars to fifty million dollars in the preceding calendar year. The council members of a metropolitan municipal corporation that had expenditures of less than ten million dollars in the preceding calendar year shall not receive a salary, unless the council establishes a salary of not to exceed two hundred dollars per month.

Any member of the council may waive all or any portion of his or her salary and per diem compensation as to any month or months during his or her term as a metropolitan council member, by a written waiver filed with the metropolitan municipal corporation as provided in this section. The waiver, to become effective, must be filed any time prior to the date on which the remuneration otherwise would be paid. The waiver shall specify the month or period of months for which it is made.

Each council member shall be reimbursed for reasonable expenses actually incurred in the conduct of official business for the metropolitan municipal corporation.

NEW SECTION. Sec. 6. The metropolitan council of a metropolitan municipal corporation existing on the effective date of this section shall retain its existing composition until replaced by a nine member metropolitan council, each member of which shall be nominated at the September 1989 primary election, and elected at the November 1989 general election, and assume office immediately when qualified, as defined in RCW 29.01.135. Except for the election to nominate two candidates for each metropolitan council position, the provisions of section 2 of this act concerning an initial metropolitan council shall control the election and terms of office of these new metropolitan council members.

Sec. 7. Section 35.58.040, chapter 7, Laws of 1965 as last amended by section 3, chapter 303, Laws of 1971 ex. sess. and RCW 35.58.040 are each amended to read as follows:

At the time of its formation no metropolitan municipal corporation shall include only a part of any city, and every city shall be either wholly included or wholly excluded from the boundaries of such corporation. ((If subsequent to the formation of a metropolitan municipal corporation a part only of any city shall be included within the boundaries of a metropolitan municipal corporation such part shall be deemed to be "unincorporated" for the purpose of selecting a member of the metropolitan council pursuant to RCW 35.58.120(3) and such city shall neither select nor participate in the selection of a member on the metropolitan council pursuant to RCW 35.58.120.)) Any territory that is annexed to a city located within a metropolitan municipal corporation, but which is located outside of the metropolitan municipal corporation, also shall be annexed to the metropolitan municipal corporation unless this territory is located within another metropolitan municipal corporation.

Any metropolitan municipal corporation now existing ((~~or hereafter created~~)), within a class A county contiguous to a class AA county or class AA county, shall, upon May 21, 1971 ((~~as to metropolitan corporations existing on such date or upon the date of formation as to metropolitan corporations formed after May 21, 1971~~)), have the same boundaries as those of the respective central county of such metropolitan corporation: PROVIDED, That the boundaries of such metropolitan corporation may be enlarged after such date by annexation as provided in chapter 35.58 RCW as now or hereafter amended. Any contiguous metropolitan municipal corporations may be consolidated into a single metropolitan municipal corporation upon such terms, for the purpose of performing such metropolitan function or functions, and to be effective at such time as may be approved by resolutions of the respective metropolitan councils. In the event of such consolidation the component city with the largest population shall be the central city of such consolidated metropolitan municipal corporation and the component county with the largest population shall be the central county of such consolidated metropolitan municipal corporation.

Sec. 8. Section 4, chapter 277, Laws of 1977 ex. sess. and RCW 36.56.040 are each amended to read as follows:

If, from the testimony given before the county legislative authority, it appears that the public interest or welfare would be satisfied by the county assuming the rights, powers, functions, and obligations of the metropolitan municipal corporation, the county legislative authority may declare that to be its intent and assume such rights, powers, functions, and obligations by ordinance or resolution, as the case may be, providing that the county shall be vested with every right, power, function, and obligation currently granted to or possessed by the metropolitan municipal corporation pursuant to chapter 35.58 RCW (including RCW 35.58.273 relating to levy and use of the motor vehicle excise tax) or other provision of state law, including but not limited to, the power and authority to levy a sales and use tax pursuant to chapter 82.14 RCW or other provision of law: PROVIDED, That such ordinance or resolution shall be submitted to the voters of the county for their adoption and ratification or rejection, and if a majority of the persons voting on the proposition residing within the central city shall vote in favor thereof and a majority of the persons voting on the proposition residing in the metropolitan area outside of the central city shall vote in favor thereof, the ordinance or resolution shall be deemed adopted and ratified.

Upon assumption of the rights, powers, functions, and obligations of the metropolitan municipal corporation by the county, the metropolitan council established pursuant to ((~~the provisions of RCW 35.58.120 through 35.58.160~~)) sections 1 through 6 of this 1989 act shall be abolished, said provisions shall be inapplicable to the county, and the county legislative authority shall thereafter be vested with all rights, powers, duties, and obligations otherwise vested by law in the metropolitan council: PROVIDED, That in any county with a home rule charter such rights, powers, functions, and obligations shall vest in accordance with the executive and legislative responsibilities defined in such charter.

Sec. 9. Section 35.58.090, chapter 7, Laws of 1965 as amended by section 23, chapter 195, Laws of 1973 1st ex. sess. and RCW 35.58.090 are each amended to read as follows:

The election on the formation of the metropolitan municipal corporation shall be conducted by the auditor of the central county in accordance with the general election laws of the state and the results thereof shall be canvassed by the county canvassing board of the central county, which shall certify the result of the election to the board of county commissioners of the central county, and shall cause a certified copy of such canvass to be filed in the office of the secretary of state. Notice of the election shall be published in one or more newspapers of general circulation in each component county in the manner provided in the general election laws. No person shall be entitled to vote at such election unless he is a qualified voter under the laws of the state in effect at the time of such election and has resided within the metropolitan area for at least thirty days preceding the date of the election. The ballot proposition shall be in substantially the following form:

"FORMATION OF METROPOLITAN

MUNICIPAL CORPORATION

Shall a metropolitan municipal corporation be established for the area described in a resolution of the board of commissioners of .......... county adopted on the ..... day of .......... , 19.. , to perform the metropolitan functions of .......... (here insert the title of each of the functions to be authorized as set forth in the petition or initial resolution).

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If a majority of the persons voting on the proposition residing within the central city shall vote in favor thereof and a majority of the persons voting on the proposition residing in the metropolitan area outside of the central city shall vote in favor thereof, the metropolitan municipal corporation shall thereupon be established and ((~~the board of commissioners of the central county shall adopt a resolution setting a time and place for the first meeting of the metropolitan council which shall be held~~)) the metropolitan council shall hold its initial meeting not later than thirty days after the date of such election. ((A copy of such resolution shall be transmitted to the legislative body of each component city and county and of each special district which shall be affected by the particular metropolitan functions authorized.))

At the same election there shall be submitted to the voters residing within the metropolitan area, for their approval or rejection, a proposition authorizing the metropolitan municipal corporation, if formed, to levy at the earliest time permitted by law on all taxable property located within the metropolitan municipal corporation a general tax, for one year, of twenty-five cents per thousand dollars of assessed value in excess of any constitutional or statutory limitation for authorized purposes of the metropolitan municipal corporation. The proposition shall be expressed on the ballots in substantially the following form:

"ONE YEAR TWENTY-FIVE CENTS

PER THOUSAND DOLLARS OF

ASSESSED VALUE LEVY

Shall the metropolitan municipal corporation, if formed, levy a general tax of twenty-five cents per thousand dollars of assessed value for one year upon all the taxable property within said corporation in excess of the constitutional and/or statutory tax limits for authorized purposes of the corporation?

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!ixSuch proposition to be effective must be approved by a majority of at least three-fifths of the persons voting on the proposition to levy such tax in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 59 and as thereafter amended.

Sec. 10. Section 35.58.410, chapter 7, Laws of 1965 and RCW 35.58.410 are each amended to read as follows:

On or before the third Monday in June of each year, each metropolitan municipal corporation shall adopt a budget for the following calendar year. Such budget shall include a separate section for each authorized metropolitan function. Expenditures shall be segregated as to operation and maintenance expenses and capital and betterment outlays. Administrative and other expense general to the corporation shall be allocated between the authorized metropolitan functions. The budget shall contain an estimate of all revenues to be collected during the following budget year, including any surplus funds remaining unexpended from the preceding year. ((The remaining funds required to meet budget expenditures, if any, shall be designated as "supplemental income" and shall be obtained from the component cities and counties in the manner provided in this chapter.)) The metropolitan council shall not be required to confine capital or betterment expenditures made from bond proceeds or emergency expenditures to items provided in the budget. The affirmative vote of three-fourths of all members of the metropolitan council shall be required to authorize emergency expenditures.

NEW SECTION. Sec. 11. 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 35.58.130, chapter 7, Laws of 1965 and RCW 35.58.130;

(4) Section 35.58.140, chapter 7, Laws of 1965, section 4, chapter 105, Laws of 1967, section 2, chapter 135, Laws of 1969 ex. sess., section 6, chapter 303, Laws of 1971 ex. sess. and RCW 35.58.140;

(5) 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;

(6) Section 35.58.160, chapter 7, Laws of 1965, section 2, chapter 84, Laws of 1974 ex. sess., section 1, chapter 330, Laws of 1985 and RCW 35.58.160;

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

(8) Section 35.58.420, chapter 7, Laws of 1965 and RCW 35.58.420.

NEW SECTION. Sec. 12. Sections 1 through 6 of this act are each added to chapter 35.58 RCW.

NEW SECTION. Sec. 13. Sections 1 through 5, and 7 through 11 of this act shall take effect on November 22, 1989.