BILL REQ. #:  H-0839.1 

Read first time 01/31/2003.   Referred to Committee on Trade & Economic Development.

     AN ACT Relating to parking and business improvement areas; and amending RCW 35.87A.010, 35.87A.020, 35.87A.030, 35.87A.040, and 35.87A.180.

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

Sec. 1   RCW 35.87A.010 and 2000 c 201 s 1 are each amended to read as follows:
     To aid general economic development and neighborhood revitalization, and to facilitate the cooperation of merchants, businesses, and residential property owners which assists trade, economic viability, and liveability, the legislature hereby authorizes all counties and all incorporated cities and towns, including unclassified cities and towns operating under special charters:
     (1) To establish((, after a petition submitted by the operators responsible for sixty percent of the assessments by businesses and multifamily residential or mixed-use projects within the area,)) parking and business improvement areas((, hereafter referred to as area or areas,)) for the following purposes:
     (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area;
     (b) Decoration of any public place in the area;
     (c) Sponsorship or promotion of public events which are to take place on or in public places in the area;
     (d) Furnishing of music in any public place in the area;
     (e) Providing professional management, planning, and promotion for the area, including the management and promotion of retail trade activities in the area; or
     (f) Providing maintenance and security for common, public areas.
     (2) To levy special assessments on all businesses and multifamily residential or mixed-use projects within the area and specially benefited by a parking and business improvement area to pay in whole or in part the damages or costs incurred therein as provided in this chapter.

Sec. 2   RCW 35.87A.020 and 1993 c 429 s 2 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Area" means a parking and business improvement area.
     (2) "Business" means all types of business, including professions.
     (((2))) (3) "Legislative authority" means the legislative authority of any city or town including unclassified cities or towns operating under special charters or the legislative authority of any county.
     (((3))) (4) "Multifamily residential or mixed-use project" means any building or buildings containing four or more residential units or a combination of residential and commercial units, whether title to the entire property is held in single or undivided ownership or title to individual units is held by owners who also, directly or indirectly through an association, own real property in common with the other unit owners.
     (((4))) (5) "Residential operator" means the owner or operator of a multifamily residential or mixed-use project if title is held in single or undivided ownership, or, if title is held in a form of common interest ownership, the association of unit owners, condominium association, homeowners' association, property owners' association, or residential cooperative corporation.

Sec. 3   RCW 35.87A.030 and 1993 c 429 s 3 are each amended to read as follows:
     For the purpose of establishing a parking and business improvement area, an initiation petition may be presented to the legislative authority having jurisdiction of the area in which the proposed parking and business improvement area is to be located ((or the legislative authority may by resolution initiate a parking and business improvement area)). The initiation petition ((or resolution)) shall contain the following:
     (1) A description of the boundaries of the proposed area;
     (2) The proposed uses and projects to which the proposed special assessment revenues shall be put and the total estimated cost thereof;
     (3) The estimated rate of levy of special assessment with a proposed breakdown by class of business and multifamily residential or mixed-use project if such classification is to be used((.
     The initiating petition shall also contain)); and
     (4) The signatures of the persons who operate businesses and residential operators in the proposed area which would pay fifty percent of the proposed special assessments.
     This section shall not be construed as prohibiting the legislative authority from initiating the formation of an area by adopting a resolution of intention to do so pursuant to RCW 35.87A.040.

Sec. 4   RCW 35.87A.040 and 1971 ex.s. c 45 s 4 are each amended to read as follows:
     The legislative authority shall, after receiving a valid initiation petition ((or after passage of an initiation resolution, shall)), or may, upon its own motion, adopt a resolution of intention to establish an area. The resolution shall state:
     (1) The time and place of a hearing to be held by the legislative authority to consider establishment of an area and ((shall restate all the information contained in the initiation petition or initiation resolution regarding boundaries, projects and uses, and estimated rates of assessment)) the rate or rates of levy of special assessments within the proposed area;
     (2) A description of boundaries of the proposed area;
     (3) The proposed uses and projects to which the proposed special assessment revenues shall be dedicated and the total estimated cost; and
     (4) The estimated rate or rates of levy of special assessment with a proposed breakdown by class of business and multifamily residential or mixed-use project if such classification is to be used.

Sec. 5   RCW 35.87A.180 and 1971 ex.s. c 45 s 18 are each amended to read as follows:
     The legislative authority may disestablish an area by ordinance after a hearing before the legislative authority. The legislative authority shall adopt a resolution of intention to disestablish the area at least fifteen days prior to the hearing required by this section. The resolution shall give the time and place of the hearing. Notwithstanding the foregoing, no area shall be disestablished prior to the time the businesses have received special benefits for which special assessments have been collected pursuant to RCW 35.87A.130.