AN
ACT Relating to metropolitan park districts; and amending RCW 35.61.010,
35.61.020, 35.61.030, 35.61.040, 35.61.050, 35.61.150, and 84.52.010.
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, and recreational facilities. A
metropolitan park district may include territory located in portions or all of
one or more cities or counties, or one or more cities and counties, when
created or enlarged as provided in this chapter.
Sec.
2. RCW
35.61.020 and 1965 c 7 s 35.61.020 are each amended to read as follows:
(1)
When proposed by citizen petition or by local government resolution as provided
in this section, a ballot proposition authorizing the creation of a
metropolitan park district shall be submitted by resolution to the voters of
the area proposed to be included in the 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, 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 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 the city)).
(2)
The ballot proposition shall be submitted if the governing body of each city in
which all or a portion of the proposed district is located, and the legislative
authority of each county in which all or a portion of the proposed district is
located within the unincorporated portion of the county, each adopts a
resolution submitting the proposition to create a metropolitan park district.
(3)
As an alternative to the method provided under subsection (2) of this section,
the ballot proposition shall be submitted if a petition proposing creation of a
metropolitan park district is submitted to the county auditor of each county in
which all or a portion of the proposed district is located that is signed by at
least fifteen percent of the registered voters residing in the area to be
included within the proposed district. Where the petition is for creation of a
district in more than one county, the petition shall be filed with the county
auditor of the county having the greater area of the proposed district, and a
copy filed with each other county auditor of the other counties covering the
proposed district.
Territory
by virtue of its annexation to any city ((having heretofore created)) whose
territory lies entirely within a park district shall be deemed to be within
the limits of the metropolitan park district. ((The city council or
commission shall submit the proposition at a special election to be called
therefor when the petition so requests.)) Such an extension of a park
district's boundaries shall not be subject to review by a boundary review board
independent of the board's review of the city annexation of territory.
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,))
(1)
Except as provided in subsection (2) of this section for review by a boundary
review board, 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. Where the petition
or copy thereof is filed with two or more county auditors in the case of a
proposed district in two or more counties, the county auditors shall confer and
issue a joint certification upon finding that the required number of signatures
on the petition has been obtained.
(2)
Where the proposed district is located wholly or in part in a county in which a
boundary review board has been created, 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 on the
special election date specified under RCW 29.13.020 that is 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. The
creation of a metropolitan park district is not subject to review by a boundary
review board if the proposed district only includes one or more cities and in
such cases 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 or counties.
(3)
The petition proposing the creation of a metropolitan park district, or the
resolution submitting the question to the voters, shall choose and describe the
composition of the initial board of commissioners of the district that is
proposed under RCW 35.61.050 and shall choose a name for the district. The
proposition ((which)) shall ((be expressed in)) include
the following terms:
G "For the formation of a metropolitan park district
to be governed by [insert board composition described in ballot proposition]."
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))
created as a municipal corporation effective immediately upon
certification of the election results and its name shall be (("Metropolitan
Park District of . . . . . . (inserting the name of
the city).")) that designated in the ballot proposition.
Sec.
5. RCW
35.61.050 and 1994 c 223 s 23 are each amended to read as follows:
(1)
The resolution or petition submitting the ballot proposition shall designate
the composition of the board of metropolitan park commissioners from among the
alternatives provided under subsections (2) through (4) of this section. The
ballot proposition shall clearly describe the designated composition of the
board.
(2)
The commissioners of the district may be selected by election, in which case at
the same election at which the 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 park commissioners shall be null and void if
the metropolitan park district is not created. Candidates shall run for specific
commission positions. No primary shall be held to nominate candidates. The
person receiving the greatest number of votes for each position shall be
elected as a 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 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. 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.
(3)
In a district wholly located within a city or within the unincorporated area of
a county, the governing body of such city or legislative authority of such
county may be designated to serve in an ex officio capacity as the board of
metropolitan park commissioners, provided that when creation of the district is
proposed by citizen petition, the city or county approves by resolution such
designation.
(4)
Where the proposed district is located within more than one city, more than one
county, or any combination of cities and counties, each city governing body and
county legislative authority may be designated to collectively serve ex officio
as the board of metropolitan park commissioners through selection of one or
more members from each to serve as the board, provided that when creation of
the district is proposed by citizen petition, each city governing body and
county legislative authority approve by resolution such designation. Within
six months of the date of certification of election results approving creation
of the district, the size and membership of the board shall be determined
through interlocal agreement of each city and county. The interlocal agreement
shall specify the method for filling vacancies on the board.
(5)
Metropolitan park districts created by a vote of the people prior to the
effective date of this act may not change the composition and method of
selection of their governing authority without approval of the voters. Should
such a change be desired, the board of park commissioners shall submit a ballot
proposition to the voters of the metropolitan park district.
Sec.
6. RCW
35.61.150 and 1998 c 121 s 1 are each amended to read as follows:
Metropolitan
park commissioners selected by election according to RCW 35.61.050(2)
shall perform their duties and may provide, by resolution passed by the
commissioners, for the payment of compensation to each of its commissioners at
a rate of up to seventy dollars for each day or portion of a day devoted to the
business of the district. However, the compensation for each commissioner must
not exceed six thousand seven hundred twenty dollars per year.
Any
commissioner may waive all or any portion of his or her compensation payable
under this section as to any month or months during his or her term of office,
by a written waiver filed with the clerk of the board. The waiver, to be
effective, must be filed any time after the commissioner's election and prior
to the date on which the compensation would otherwise be paid. The waiver
shall specify the month or period of months for which it is made.
Sec.
7. 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 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) 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 first fifty cent per thousand dollars of assessed valuation levies for
metropolitan park districts created on or after January 1, 2002, shall be
reduced on a pro rata basis or eliminated;
(e)
Fifth, 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)) (f) Sixth, 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 created before January 1, 2002, 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.
