S-2123 _______________________________________________
SUBSTITUTE SENATE BILL NO. 5498
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Senate Committee on Transportation (originally sponsored by Senators Pullen, Warnke and Thorsness)
Read first time 2/23/89.
AN ACT Relating to transportation benefit districts; and amending RCW 36.73.020, 35.21.225, 36.73.040, and 84.52.052.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 2, chapter 327, Laws of 1987 and RCW 36.73.020 are each amended to read as follows:
The
legislative authority of a county may establish one or more transportation
benefit districts within the county for the purpose of acquiring,
constructing, improving, providing, and funding ((capital costs
for)) any city street, county road, or state highway improvement within the
district that is (1) consistent with state, regional, and local transportation
plans, (2) necessitated by existing or reasonably foreseeable congestion levels
attributable to economic growth, and (3) partially funded by local government
or private developer contributions, or a combination of such contributions. Such
transportation improvements shall be owned by the county of jurisdiction if
located in an unincorporated area, by the city of jurisdiction if located in an
incorporated area, or by the state in cases where the transportation
improvement is or becomes a state highway; and all such transportation
improvements shall be administered and maintained as other public streets,
roads, and highways. The district may not include any area within the
corporate limits of a city unless the city legislative authority has agreed to
the inclusion pursuant to chapter 39.34 RCW. The agreement shall specify the
area and such powers as may be granted to the benefit district.
The members
of the county legislative authority ((shall be)), acting ex
officio and independently, shall compose the governing body of the district:
PROVIDED, That where a transportation benefit district includes any portion of
an incorporated city, town, or another county, the district may be governed as
provided in an interlocal agreement adopted pursuant to chapter 39.34 RCW.
The county treasurer shall act as the ex officio treasurer of the district.
The electors of the district shall all be registered voters residing within the
district. For purposes of this section, the term "city" means
both cities and towns.
Sec. 2. Section 3, chapter 327, Laws of 1987 and RCW 35.21.225 are each amended to read as follows:
The
legislative authority of a city may establish one or more transportation
benefit districts within a city for the purpose of acquiring, constructing,
improving, providing, and funding ((capital costs for)) any
city street, county road, or state highway improvement that is (1) consistent
with state, regional, and local transportation plans, (2) necessitated by
existing or reasonably foreseeable congestion levels attributable to economic
growth, and (3) partially funded by local government or private developer
contributions, or a combination of such contributions. Such transportation
improvements shall be owned by the city of jurisdiction if located in an
incorporated area, by the county of jurisdiction if located in an
unincorporated area, or by the state in cases where the transportation
improvement is or becomes a state highway; and all such transportation
improvements shall be administered as other public streets, roads, and
highways. The district may include any area within the corporate limits of
another city if that city has agreed to the inclusion pursuant to chapter 39.34
RCW. The district may include any unincorporated area if the county
legislative authority has agreed to the inclusion pursuant to chapter 39.34
RCW. The agreement shall specify the area and such other powers as may be
granted to the benefit district.
The members
of the city legislative authority ((shall be)), acting ex officio
and independently, shall compose the governing body of the district. The
city treasurer shall act as the ex officio treasurer of the district:
PROVIDED, That where a transportation benefit district includes any
unincorporated area or portion of another city, the district may be governed as
provided in an interlocal agreement adopted pursuant to chapter 39.34 RCW.
The electors of the district shall all be registered voters residing within the
district. For the purposes of this section, the term "city" means
both cities and towns.
Sec. 3. Section 4, chapter 327, Laws of 1987 and RCW 36.73.040 are each amended to read as follows:
A transportation benefit district is a quasi-municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.
A transportation benefit district constitutes a body corporate and possesses all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, to acquire, hold, and dispose of real and personal property, and to sue and be sued. Public works contract limits applicable to the jurisdiction that established the district shall apply to the district.
Sec. 4. Section 18, chapter 1, Laws of 1988 ex. sess. and RCW 84.52.052 are each amended to read as follows:
The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district except school districts in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts. Any county, metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, fire protection district, cemetery district, city, town, or cultural arts, stadium, transportation benefit district, and convention district may levy taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and RCW 84.52.043, or RCW 84.55.010 through 84.55.050, when authorized so to do by the electors of such county, metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, fire protection district, cemetery district, city, town, or cultural arts, stadium, transportation benefit district, and convention district in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 64 and as thereafter amended, at a special or general election to be held in the year in which the levy is made.
A special election may be called and the time therefor fixed by the county legislative authority, or council, board of commissioners, or other governing body of any metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, fire protection district, cemetery district, transportation benefit district, city, town, or cultural arts, stadium, and convention district, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no."
NEW SECTION. Sec. 5. 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.