BP BHEAD INT H [atlas:bill]

AN ACT Relating to the establishment of boundaries when creating a metropolitan park district; amending RCW 35.61.010, 35.61.020, 35.61.030, 35.61.040, 35.61.050, 35.61.250, and 84.09.030; and adding a new section to chapter 35.61 RCW.

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

Sec. 1. RCW 35.61.010 and 1994 c 81 s 60 are each amended to read as follows:

((~~Cities of five thousand or more population and such contiguous property the residents of which may decide in favor thereof in the manner set forth in this chapter may create~~)) A metropolitan park district may be created for the management, control, improvement, maintenance, and acquisition of parks((~~, parkways,~~)) and ((~~boulevards~~)) recreation facilities as defined in this chapter. A metropolitan park district must include all of the territory within a city with a population of at least five thousand, and may include additional contiguous territory, whether unincorporated territory or all of the territory located in one or more additional cities.

Sec. 2. RCW 35.61.020 and 1965 c 7 s 35.61.020 are each amended to read as follows:

(1) A ballot proposition authorizing the creation of a metropolitan park district shall be submitted by ordinance to the voters of the area proposed to be included in the park district at any general election, or at any special election which may be called for that purpose((~~, or at any city election held in the city in all of the various voting precincts thereof, the city council or commission may,~~)).

(a) The ballot proposition shall be submitted if the legislative authority of the city enacts such an ordinance after adopting a resolution proposing creation of a metropolitan park district or ((on)) if a petition ((of)) proposing creation of a metropolitan park district is submitted to the county auditor that has been signed by at least fifteen percent of the ((qualified electors of the city based upon the registration for the last preceding general city election, shall by ordinance, submit to the voters of the city the proposition of creating a metropolitan park district, the limits of which shall be coextensive with the limits of the city as now or hereafter established, inclusive of territory annexed to and forming a part of)) registered voters residing in the city.

(b) For districts proposed to be created after January 1, 2000, the ballot proposition shall be submitted if either: (i) A resolution proposing the creation of the metropolitan park district is adopted by the governing body of each city proposed to be included in the park district and the county legislative authority of the county in which any unincorporated area proposed to be included in the park district is located; or (ii) a petition proposing the creation of the metropolitan park district is submitted to the county auditor that has been signed by at least fifteen percent of the registered voters residing in the area proposed to be included in the park district. The petition or resolution shall describe the boundaries of the proposed metropolitan park district and propose creating the park district.

(2) The ballot proposition shall be approved by a majority of the voters residing in the area in which the metropolitan park district is proposed to be created.

(3) Once created, any territory ((~~by virtue of its annexation~~)) that is annexed to any city ((~~having heretofore created a~~)) included in a metropolitan park district shall be ((~~deemed to be within the limits of~~)) added automatically to the metropolitan park district upon the effective date of the annexation by the city and such an extension of a park district's boundaries shall not be subject to review by a boundary review board.

((~~The city council or commission shall submit the proposition at a special election to be called therefor when the petition so requests.~~))

Sec. 3. RCW 35.61.030 and 1985 c 469 s 32 are each amended to read as follows:

((In submitting the question to the voters for their approval or rejection, the city council or commission shall pass an ordinance declaring its intention to submit the proposition of creating a metropolitan park district to the qualified voters of the city. The ordinance shall be published once a week for two consecutive weeks in the official newspaper of the city, and the city council or commission shall cause to be placed upon the ballot for the election, at the proper place, the))

(1) The ballot proposition authorizing creation of a metropolitan park district that is submitted to voters for their approval or rejection shall appear on the ballot of the next general election or at the next special election date specified under RCW 29.13.020 occurring sixty or more days after the last resolution proposing the creation of the park district is adopted or the date the county auditor certifies that the petition proposing the creation of the park district contains sufficient valid signatures, if a boundary review board does not exist in the county.

(2) The creation of a metropolitan park district is not subject to review by a boundary review board if the proposed metropolitan park district only includes one or more cities and the special election at which a ballot proposition authorizing creation of the park district shall be held as if a boundary review board does not exist in the county. In all other instances, notice of the proposal to create a metropolitan park district shall be filed with the boundary review board as provided under RCW 36.93.090 and the special election at which a ballot proposition authorizing creation of the park district shall be held at the next special election date specified under RCW 29.13.020 sixty or more days after the date the boundary review board is deemed to have approved the proposal, approves the proposal, or modifies and approves the proposal.

(3) The legislative authority of a city placing on the ballot a proposition ((~~which~~)) authorizing the creation of a metropolitan park district shall ((~~be expressed in~~)), in the ordinance submitting the question to the voters, choose and describe the composition of the initial metropolitan park district commission that is proposed under RCW 35.61.050. The proposition shall include the following terms:

G "For the formation of a metropolitan park district."

G "Against the formation of a metropolitan park district."

Sec. 4. RCW 35.61.040 and 1965 c 7 s 35.61.040 are each amended to read as follows:

If ((~~at an election~~)) a majority of the voters voting ((~~thereon~~)) on the ballot proposition authorizing the creation of the metropolitan park district vote in favor of the formation of a metropolitan park district, the metropolitan park district shall ((~~then be and become~~)) be created as a municipal corporation effective immediately upon certification of the election results that voters approved the ballot proposition and its name shall be "Metropolitan Park District of . . . . . . (inserting the name of the largest city included in the park district)."

Sec. 5. RCW 35.61.050 and 1994 c 223 s 23 are each amended to read as follows:

(1) Five park commissioners shall be elected at large as the initial members of the board of park commissioners for the metropolitan park district at the same election at which the ballot proposition is submitted to the voters as to whether a metropolitan park district is to be formed((~~, five park commissioners shall be elected~~)). The election of metropolitan park commissioners shall be null and void if the metropolitan park district is not created. Candidates shall run for specific commission positions. ((No)) A primary shall not be held to nominate candidates.

(2) The person receiving the greatest number of votes for each position shall be elected as a metropolitan park commissioner. The staggering of the terms of office shall occur as follows: ((~~(1)~~)) (a) The two persons who are elected receiving the two greatest numbers of votes shall be elected to six-year terms of office if the election is held in an odd-numbered year or five-year terms of office if the election is held in an even-numbered year; ((~~(2)~~)) (b) the two persons who are elected receiving the next two greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year or three-year terms of office if the election is held in an even-numbered year; and ((~~(3)~~)) (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year.

The initial metropolitan park commissioners shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January in the year after they are elected. Thereafter, all commissioners shall be elected to six-year terms of office at general elections held in odd-numbered years.

All commissioners shall serve until their respective successors are elected and qualified and assume office in accordance with RCW 29.04.170. Vacancies shall occur and shall be filled as provided in chapter 42.12 RCW.

Sec. 6. RCW 35.61.250 and 1985 c 416 s 4 are each amended to read as follows:

The territory adjoining a metropolitan park district may be annexed to and become a part ((~~thereof upon~~)) of the metropolitan park district under a petition and ((an)) election ((~~held pursuant thereto~~)) method of annexation. The petition shall define the territory proposed to be annexed and must be signed by twenty-five registered voters, resident within the territory proposed to be annexed, unless the territory is within the limits of another city when it must be signed by twenty percent of the registered voters residing within the territory proposed to be annexed. The petition must be addressed to the board of park commissioners requesting that the question be submitted to the legal voters of the territory proposed to be annexed, whether they will be annexed and become a part of the metropolitan park district. If the board of park commissioners accepts the proposed annexation, a ballot proposition authorizing the annexation shall be submitted to voters residing in the territory at a special election date specified under RCW 29.13.020.

Sec. 7. RCW 84.09.030 and 1996 c 230 s 1613 are each amended to read as follows:

Except as follows, the boundaries of counties, cities and all other taxing districts, for purposes of property taxation and the levy of property taxes, shall be the established official boundaries of such districts existing on the first day of March of the year in which the property tax levy is made.

The official boundaries of a newly incorporated taxing district shall be established at a different date in the year in which the incorporation occurred as follows:

(1) Boundaries for a newly incorporated city shall be established on the last day of March of the year in which the initial property tax levy is made, and the boundaries of a road district, library district, or fire protection district or districts, that include any portion of the area that was incorporated within its boundaries shall be altered as of this date to exclude this area, if the budget for the newly incorporated city is filed pursuant to RCW 84.52.020 and the levy request of the newly incorporated city is made pursuant to RCW 84.52.070. Whenever a proposed city incorporation is on the March special election ballot, the county auditor shall submit the legal description of the proposed city to the department of revenue on or before the first day of March;

(2) Boundaries for a newly incorporated port district shall be established on the first day of October if the boundaries of the newly incorporated port district are coterminous with the boundaries of another taxing district, as they existed on the first day of March of that year;

(3) Boundaries of any other newly incorporated taxing district shall be established on the first day of June of the year in which the property tax levy is made if the taxing district has boundaries coterminous with the boundaries of another taxing district, as they existed on the first day of March of that year;

(4) Boundaries for a newly incorporated water-sewer district shall be established on the fifteenth of June of the year in which the proposition under RCW 57.04.050 authorizing a water district excess levy is approved;

(5) Boundaries of a newly incorporated metropolitan park district shall be established on the first day of June of the year in which the proposition under RCW 35.61.030 authorizing creation of the park district is approved. The boundaries of a park and recreation district or park and recreation service area from which territory has been removed under section 8 of this act, as the result of the creation of a new metropolitan park district, shall be established on the first day of June of the year in which the ballot proposition authorizing the metropolitan park district is approved.

The boundaries of a taxing district shall be established on the first day of June if territory has been added to, or removed from, the taxing district after the first day of March of that year with boundaries coterminous with the boundaries of another taxing district as they existed on the first day of March of that year. However, the boundaries of a road district, library district, or fire protection district or districts, that include any portion of the area that was annexed to a city or town within its boundaries shall be altered as of this date to exclude this area. In any case where any instrument setting forth the official boundaries of any newly established taxing district, or setting forth any change in such boundaries, is required by law to be filed in the office of the county auditor or other county official, said instrument shall be filed in triplicate. The officer with whom such instrument is filed shall transmit two copies to the county assessor.

No property tax levy shall be made for any taxing district whose boundaries are not established as of the dates provided in this section.

NEW SECTION. Sec. 8. A new section is added to chapter 35.61 RCW to read as follows:

Any area included within a park and recreation district or a park and recreation service area that is also included within a newly created metropolitan park district or is annexed by a metropolitan park district shall be removed from the park and recreation district or the park and recreation service area immediately upon the effective date of the creation of the new metropolitan park district or the annexation by the metropolitan park district.