BP BHEAD INT S [atlas:bill]

AN ACT Relating to local parks and recreation; amending RCW 35.61.010 and 84.52.010; and adding a new chapter to Title 35 RCW.

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

NEW SECTION. Sec. 1. Any first class city with a population of five hundred thousand or more, no part of which is contained in a metropolitan park district, may create a local parks authority for the management, control, construction, improvement, equipping, maintenance, operation, and acquisition of park and recreation facilities. A local parks authority is a 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. The creation and automatic expansion of a local parks authority with boundaries coterminous with those of the city shall not be subject to potential review by a boundary review board under chapter 36.93 RCW, but its dissolution or disincorporation shall be subject to potential review.

NEW SECTION. Sec. 2. As used in this chapter:

(1) "Park and recreation purposes" and "park and recreation facilities" includes all purposes and facilities permitted to a metropolitan park district under chapter 35.61 RCW except aviation landings and professional sports stadiums;

(2) "Zoo" and "aquarium" each include related administrative and support facilities; and

(3) "Land or lands" refers to land, water, or air, or any related rights or improvements to property.

NEW SECTION. Sec. 3. At any general election, or at any special election which may be called for that purpose, or at any city election the city council may, or on petition of 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 local parks authority, 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 the city.

Territory by virtue of its annexation to any city having created a local parks authority shall be deemed to be within the limits of the local parks authority.

NEW SECTION. Sec. 4. In order to submit the question to the qualified voters of the city for their approval or rejection, the city council shall pass an ordinance. The ordinance may include limitations on the powers of the proposed local parks authority, including but not limited to, limitations on nonvoted debt, limitations on nonvoted tax rates, provisions for dissolution that will not impair the obligations of contracts, maintenance of effort requirements, citizen oversight or advisory mechanisms, and citizen protections that appear in the city's charter. If the ordinance provides, some or all of the limitations may be subject to later removal or revision through processes specified in the ordinance, which may require a future vote of the electors of the local parks authority. The ordinance may also include a proposed general tax rate or amount and if the voters approve the formation of the local parks authority as set forth in the ordinance, that approval shall also serve as the voter approval required by Initiative Measure No. 695 for all tax increases up to the tax rate or amount specified in the ordinance.

The ordinance shall be published once a week, for two consecutive weeks in the official newspaper of the city, and the city council shall cause to be placed upon the ballot for the election, at the proper place, language which includes substantially the following terms:

[ ] "For the formation of a local parks authority, which includes a property tax levy of . . . . . . (insert rate) per thousand dollars of assessed valuation."

[ ] "Against the formation of a local parks authority."

Notice of the election must be given as required by law for other city ballot measures.

NEW SECTION. Sec. 5. If at an election, a majority of the voters voting approve the formation of a local parks authority, the local parks authority shall then become a municipal corporation, subject to all limitations and conditions contained in the ordinance as permitted by section 4 of this act, and its name shall be "Local Parks Authority of . . . . . (inserting the name of the city)" or any other name provided for in the ballot measure.

NEW SECTION. Sec. 6. The legislative authority, including the elected mayor, if any, acting in the mayor's ordinary legislative capacity, of the city whose voters created the local parks authority shall serve ex officio and independently as the board of commissioners which is the governing body of the local parks authority. The commissioners shall perform their duties without additional compensation.

The governing body of a local parks authority is subject to the same limitations on its place of meeting as apply to the meeting place of the governing body of the city whose voters created the local parks authority.

NEW SECTION. Sec. 7. If the city whose voters created the local parks authority is required to have a citizen board to advise on park and recreation matters, then the governing body of the local parks authority shall convene a citizen advisory board, or call upon an existing parks advisory board or park commission, whose function shall be to provide it with advice, including but not limited to, advice on funding allocations. The number of members of the board, their terms of office, the manner in which they shall be appointed and may be removed, and their duties shall be as prescribed by the governing body of the local parks authority, subject to any conditions established in the ordinance submitting the formation of the local parks authority to the voters.

NEW SECTION. Sec. 8. Notwithstanding any other provision of this chapter, but without eliminating or overriding the requirements for unanimous board action and consent contained in section 12 of this act for the disposition of property, the voters of a local parks authority shall have the power, within the scope of the functions of a local parks authority, to initiate and refer to themselves legislation to the same extent and on the same matters as do the voters of the city whose voters created the local parks authority. These powers of initiative and referendum shall be exercised in the same manner and with the same effect as permitted for the voters of that city. In a city where, because of charter requirements, legislation generally may not take effect until at least thirty days after the final favorable action by the mayor and city council, that same minimum delay in the effective date applies to all local parks authority legislation other than emergency acts that would qualify under the city's charter to take effect immediately.

NEW SECTION. Sec. 9. The manner of holding any general or special election in a local parks authority shall be in accordance with the general election laws of this state insofar as they are not inconsistent with the provisions of this chapter.

NEW SECTION. Sec. 10. A local parks authority has the right of eminent domain to condemn lands lying within its boundaries. The board of commissioners of a local parks authority may purchase or acquire lands lying within or without the boundaries of the local parks authority. The right of eminent domain shall be exercised and instituted pursuant to resolution of the board of commissioners and conducted in the same manner and under the same procedure as is or may be provided by law for the exercise of the power of eminent domain by incorporated cities and towns of the state of Washington in the acquisition of property rights.

The board of commissioners shall have power to employ counsel, regulate, manage, and control properties under its control, provide law enforcement, employ a secretary of the board of commissioners and all necessary employees, and prescribe their salaries and duties. The mayor of the city whose voters created the local parks authority shall serve ex officio as the chief executive officer of the local parks authority. The board of commissioners shall have power to improve, acquire, extend and maintain, and open and lay out park and recreation facilities within or without the local parks authority, on land owned by itself or by others, and to authorize, conduct and manage the conduct of the forms of recreation or business it judges desirable or beneficial for the public, or for the production of revenue for expenditure for local parks authority purposes. It may pay out moneys for the maintenance and improvement of any lands that now exist, or may be acquired, within or without the limits of the city and for the purchase of lands within or without the limits of the city, whenever it deems the expenditure or purchase to be for the benefit of the public and for the interest of the local parks authority or the city within which it is located, and for the maintenance and improvement, and for all expenses incidental to its duties. All lands owned by a local parks authority are subject to the police regulations of the city within whose limits they lie, or the county should the premises be outside city limits.

NEW SECTION. Sec. 11. A local parks authority shall be subject to general state laws pertaining to open public meetings, minutes of meetings, retention, disclosure, and protection of public records, local government whistleblower protection, and all other general laws that by their terms apply to all municipal corporations.

NEW SECTION. Sec. 12. (1) The board of commissioners of a local parks authority is authorized, by unanimous board decision and with the approval of the legislative authority of the city within which it is located, to convey any or all of its real or personal property to that city. The board of commissioners of a local parks authority shall not declare surplus on any of its real property without first having offered to donate that property to the city within which it is located.

(2) Except as set forth in subsection (1) of this section, every local parks authority may, by unanimous decision of its board of commissioners, sell, exchange, or otherwise dispose of any real or personal property when that property is declared surplus for local parks authority purposes. However, where the property is acquired by donation or dedication for park or recreation purposes, the consent of the donor or dedicator, his or her heirs, successors, or assigns also must be first obtained if the consent of the donor is required in the instrument conveying the property to the local parks authority. In the event the donor or dedicator, his or her heirs, successors, or assigns cannot be located after a reasonable search, the local parks authority may petition the superior court in the county where the property is located for approval of the sale. If sold, all sales shall be by public bids and sale made only to the highest bidder except as set forth in subsection (1) of this section.

NEW SECTION. Sec. 13. (1)(a)(i) A local parks authority shall never become the owner of a park that, at the time of creation of the local parks authority, was owned by the city in which the local parks authority was created.

(ii) Except as prohibited by (a)(i) of this subsection, any city within or comprising any local parks authority may transfer to the local parks authority any lands, facilities, equipment, or interests in any lands, facilities, or equipment which it may own, or any public place within the city for local parks authority purposes, and thereafter its control and management shall vest in the board of commissioners of the local parks authority. However, the police regulations of the city in which the property is located, or the county should the premises be outside city limits, applies to all property.

(b) Additionally, the legislative authority of a city in which a local parks authority is created may contract with that local parks authority for overall management and operation of a city zoo, a city aquarium, or both. In the event the local parks authority contracts with a nonprofit corporation or other public organization pursuant to section 14(1)(a) of this act, the arrangement between the city and the local parks authority shall provide for employment by the local parks authority of persons no longer employed by the city because the city is ceasing to manage and operate that zoo or aquarium. For these contracts, the city legislative authority must first hold a public hearing on the proposed lease or proposed management and operation by the local parks authority. At least ten days prior to the hearing, a public notice setting forth the date, time, and place of the hearing must be published at least once in a local newspaper of general circulation. Notice of the hearing shall also be mailed or otherwise delivered to all who would be entitled to notice of a special meeting of the city legislative authority under RCW 42.30.080. The notice shall identify the facilities involved. The terms and conditions under which the city proposes to lease to the local parks authority or contract with the local parks authority for management and operation shall be available upon request from and after the date of publication of the hearing notice and at the hearing, but after the public hearing the city legislative authority may amend the proposed terms and conditions at open public meetings.

(c) The legislative authority of a city in which a local parks authority is created may not contract with the local parks authority for overall management and operation of any city parks and recreation facilities or lease any city parks and recreation facilities to that local parks authority except as authorized in (a) and (b) of this subsection.

(2) Any time the governing body of any local parks authority and the legislative body of the city whose voters created the local parks authority determines that the financial aid of the city should be extended in order to provide for operation, maintenance, or improvement of the facilities, properties, and programs of the local parks authority, the city may grant or loan to the local parks authority any of its available funds, or any funds which it may lawfully procure and make available, as it finds appropriate to provide for the continuous operation, maintenance, and improvement. Accordingly, the city and the local parks authority are authorized and empowered to enter into an agreement embodying the terms and conditions of any grant or loan as may be mutually agreed upon.

(3) The local parks authority's board of commissioners may accept public property for public purposes when donated for local parks authority purposes.

(4) Counties may turn over to a local parks authority any lands and facilities and equipment or interests in any lands, facilities, or equipment that they own, and the board of commissioners of the local parks authority may accept any lands and equipment or interests in any lands, facilities, or equipment for local parks authority purposes.

NEW SECTION. Sec. 14. (1)(a) The board of commissioners of a local parks authority may contract with one or more nonprofit corporations or other public organizations, including the city whose voters created the local parks authority, for the overall management and operation of a zoo and an aquarium or either of them, for which the local parks authority has a management and operations contract under section 13(1)(b) of this act. No contract for the overall management and operation of any facilities by a nonprofit corporation or other public organization shall have an initial term or any renewal term longer than thirty years, but may be renewed by the board of local parks authority commissioners upon the expiration of an initial term or any renewal term.

(b) The board of commissioners of a local parks authority may grant and may authorize the managing and operating entity to grant to any nonprofit corporation or other public or private organization franchises or concessions that further the public use and enjoyment of park and recreation facilities, and may contract and may authorize the managing and operating entity to contract with any public or private organization for any specific services as are routinely procured by the city whose voters created the local parks authority.

(2) Before approving each initial and any renewal contract with a nonprofit corporation for the overall management and operation of any facilities, the board of commissioners of the local parks authority shall hold a public hearing on the proposed management and operation by the nonprofit corporation. At least thirty days prior to the hearing, a public notice setting forth the date, time, and place of the hearing must be published at least once in a local newspaper of general circulation. Notice of the hearing shall be mailed or otherwise delivered to all who would be entitled to notice of a special meeting of the board under RCW 42.30.080. The notice shall identify the facilities involved and the nonprofit corporation proposed for management and operation under contract with the local parks authority. The terms and conditions under which the local parks authority proposes to contract with the nonprofit corporation for management and operation shall be available upon request from and after the date of publication of the hearing notice and at the hearing, but after the public hearing the board of commissioners may amend the proposed terms and conditions at open public meetings.

(3) A local parks authority shall contract with the city whose voters created the local parks authority to carry out all of the local parks authority's management and operations except for the management and operation of facilities for which the local parks authority has a contract with another public agency or a nonprofit corporation under subsection (1) or (2) of this section. The contract with the city may provide for its termination if the local parks authority commissioners approve a contract with another entity under subsection (1) or (2) of this section.

(4) The nonprofit corporation or other public organization with responsibility for overall management or operation of any facilities under this chapter may, in carrying out that responsibility, manage and supervise employees of the local parks authority and may hire, fire, and otherwise discipline those employees. If a civil service is established under section 18 of this act, that system shall make provision for the nonprofit corporation or other public organization to manage, supervise, hire, fire, and otherwise discipline those employees.

NEW SECTION. Sec. 15. (1) The treasurer of a local parks authority shall be the city treasurer of the city included in the local parks authority's boundaries. The city treasurer shall possess and may exercise all powers with respect to the local parks authority that are possessed by a county treasurer with respect to a county, other than the authority to collect property taxes. The city treasurer, when acting as the treasurer of a local parks authority, shall receive no compensation other than his or her regular salary for acting as the treasurer of the local parks authority. The city treasurer may not charge a greater amount for treasury services than permitted by the county treasurer for similar services under RCW 36.29.020.

(2) General taxes of the local parks authority shall be distributed to the treasurer of the local parks authority by the county treasurer as is done for cities.

NEW SECTION. Sec. 16. (1) The board of commissioners may levy a general tax on all property located in the local parks authority each year not to exceed fifty cents per thousand dollars of assessed valuation.

(2) The board is authorized to levy a general tax in excess of its regular property tax levy when authorized to do so at an election conducted in accordance with and subject to all the requirements of the Constitution and law of the state now in force or later enacted which limit excess tax levies. The board is authorized to call a special election for the purpose of submitting to the qualified voters of the local parks authority a proposition to levy a tax in excess of the fifty cent levy authorized under subsection (1) of this section. The manner of submitting a proposition, of certifying the same, and of giving or publishing notice, shall be as provided by law for the submission of propositions by cities or towns.

(3) The tax levies shall be certified to the proper county officials for collection in the same manner as general taxes for the city whose voters created the local parks authority and, when collected, the general taxes shall be placed in a separate fund in the office of the local parks authority's treasurer to be known as the "local parks authority fund" and paid out on warrants.

NEW SECTION. Sec. 17. Every local parks authority through its board of commissioners may, for local parks authority purposes, borrow money, contract indebtedness, and evidence the indebtedness in amounts, with the debt capacity, in the manner, and under the conditions permitted to metropolitan park districts under RCW 35.61.100, 35.61.110, and 35.61.115. Bonds and other evidences of indebtedness may also be issued in accordance with chapter 39.46 RCW.

NEW SECTION. Sec. 18. (1) A local parks authority may establish civil service for some or all of its employees by resolution upon the following plan:

(a) It shall create a civil service commission with authority to appoint a personnel officer and to make rules for classification based upon suitable differences in pay for differences in work, and for like pay for like work, and for competitive entrance and promotional examinations; for certifications, appointments, probationary service periods, and dismissals; for demotions and promotions based upon merit and for reemployments, suspensions, transfers, sick leaves, and vacations; for layoffs when necessary according to seniority; for separations from the service by discharge for cause; for hearings and reinstatements, for establishing status for incumbent employees, and for prescribing penalties for violations.

(b) The civil service commission and personnel officer shall adopt rules to be known as civil service rules to govern the administration of personnel transactions and procedure. The rules adopted shall have the force and effect of law, and, in any and all proceedings, the rules shall be liberally interpreted and construed to the end that the purposes and basic requirements of the civil service system may be given the fullest force and effect.

(2) If a local parks authority has established its own civil service under subsection (1) of this section, or as an alternative to so doing, a local parks authority may contract with the city whose voters created the local parks authority to administer a system for it.

(3) Neither the chief executive officer nor officers chiefly responsible for operating a facility or program, as designated by the board of commissioners, shall be members of a civil service that may be established under this section.

NEW SECTION. Sec. 19. Notwithstanding any provisions to the contrary contained in a city charter, and to the extent provided by the city under an appropriate legislative enactment, some or all employees of a local parks authority may be included in the retirement plan of a city whose voters created the local parks authority if they were previously employed by the city at or in connection with its zoo or aquarium and were members of its retirement plan. The city and local parks authority are each authorized to pay the parts of the expense of operating and maintaining the retirement system and to contribute to the retirement fund on behalf of employees those sums as may be agreed upon between the legislative authorities of the city and the local parks authority, but a proportionate share of system expenses must be borne by or on behalf of the local parks authority employees.

NEW SECTION. Sec. 20. A board of commissioners of a local parks authority may, upon a majority vote of all its members, dissolve any local parks authority, prorate the liabilities, and turn over to the city or county or each of them so much of the local parks authority property as is respectively located in the city or county or was obtained from the city or county, when:

(1) The city or county, through its governing officials, agrees to, and petitions for, a dissolution and the assumption of the assets and liabilities or;

(2) Ten percent of the voters of a city or county who voted at the last general election, petition the governing officials for a vote.

Additionally, a local parks authority may be dissolved in any lawful manner provided for in the ordinance that placed the question of forming the local parks authority before the voters.

NEW SECTION. Sec. 21. Nothing in this act shall be construed to affect any terms, conditions, or practices contained in a collective bargaining agreement in effect on the effective date of this act.

Sec. 22. RCW 35.61.010 and 1994 c 81 s 60 are each amended to read as follows:

Cities of five thousand or more population in which there exists no local parks authority pursuant to chapter 35.-- RCW (sections 1 through 21 of this act), 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 for the management, control, improvement, maintenance, and acquisition of parks, parkways, and boulevards.

Sec. 23. RCW 84.52.010 and 1995 2nd sp.s. c 13 s 4 are each amended to read as follows:

Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.

The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.

When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:

(1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under RCW 84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows: (a) The portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; (b) if the combined rate of regular property tax levies subject to the one percent limitation in a county containing a local parks authority still exceeds one percent of the true and fair value of any property, then the levy for that local parks authority shall be reduced until the combined rate no longer exceeds one percent or shall be eliminated; (c) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and ((~~(c)~~)) (d) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.

(2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:

(a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, and 67.38.130 shall be reduced on a pro rata basis or eliminated;

(b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;

(c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;

(d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and

(e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, library districts, metropolitan park districts under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.

In determining whether the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as apportioned to the county under RCW 84.48.080, that was computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012.

NEW SECTION. Sec. 24. Sections 1 through 21 of this act constitute a new chapter in Title 35 RCW.