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HomeMy WebLinkAbout1417 Resolution0 61 RESOLUTION NO. 1417 .7/14 te/ A RESOLUTION of the City of Pasco relating to amending certain sections of RCW Chapter 35.58 - Metropolitan Municipal Corporations. WHEREAS, RCW Chapter 35.58 provides for the creation of Metropolitan Mtinicipal Corporations; and WHEREAS, a Metropolitan Municipal Corporation is a feasible means to provide a multi-purpose facility in the Tr-Cities area for Energy Fair '83, and WHEREAS, without certain amendments in RCW Chapter 35.58 a Metropolitan Municipal Corporation could not be created to meet the needs of the people in the Tr-Cities Metropolitan area; and WHEREAS, other regional recreational, cultural, and entertainment facilities could ultimately be constructed and operated by the Metropolitan Municipal Corporation and these facilities could be located in each of the cities of the Tr- Cities Metropolitan area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: To support the proposed amendments to RCW Chapter 35.58 - Metropolitan Municipal Corporations and the Council urges immediate favorable action on the amendments by the State Legislature. BE IT FURTHER RESOLVED that a copy of this resolution, and the proposed amendments, a copy of which by reference is attached hereto, be sent to all the regional State Representatives and State Senators. PASSED by the City Council of the City of Pasco this 16 day of March , 1981. E. A. Snider, Mayor ATTEST. Evelyn Wells, City Clerk APPROVED AS TO FORM. Dennis j De Fel Ce, ity Attorney AN ACT Relating to Metropolitan Municipal Corporations; repeal- ing Section 35.58.110, Chapter 7, Laws of 1965 and RCW 35.58.110; amending Section 35.58.120, Chapter 7, Laws of 1965 as last arended by Section 5, Chapter 70, Laws of 1974 1st ex. sess. and RCW 35.58.120; amending Section 35.58.290, Chapter 7, Laws of 1965 and RCW 35.58 290; amending Section 35.58.300, Chapter 7, Laws of 1965 and RCW 35.58.300; and adding a new section to Chapter 35 58 RCW. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: Section 1. Section 35.58.110, Chapter 7, Laws of 1965 and PCW 35 58.110 ana each of them are hereby repealed Section 2. Section 35.58.120, Chapter 7, Laws of 1965 as last amended by Section 5, Chapter 70, Laws of 1974 1st ex. sess., and RCW 35.58.120 are each amended to read as follows A. A metropolitan municipal corporation shall be governed by a metropolitan council composed ((ef-the-elIew)): folloas 31-1 this Subsection or as provided in Bubsectic,, (L) 'aereof: (1) One rember (a) 'ho shall be the elected countN, executive of the central county, or (n) ir there shall be no elected county eiecutive, one memne/ vho shall be selected by, and froT, the .7,oara of commissioners of the central co,Inty (2) One aZditional member for each county commi5s]oner district or coantv council district whic shall contain fifteen thousand r'T mote persons residina within the metrorolitan municipal Cot- retic,n, who shall he tie commissiorer or count , council- wln from such district, (3) One additional memrer selected by the board of commis- -1- .' sioners or county council of each component county for each county commissioner district or county council district contain- ing fifteen thousand or more persons residing in the unincorpor- ated portion of such commissioner district lying within the metropolitan municipal corporation each such appointed to be a resident of such unincorporated portion; (4) One member from each component city which shall have a I-opulation of fifteen thousand or more persons, who shall be the mayor of such city, if such city shall have the mayor-council form of government, and in other cities shall be selected by, and from, the mayor and city council of each of such cities. (5) One member representing all component cities which have less than fifteen thousand population each, to be selected by and from the mayors of such smaller cities in the following manner: :he ma‘ors of all such cities shall meet on the second Tuesday following the establishment of a metropolitan municipal corpora- tion and thereafter or the third Tuesdal , in June of each even- numbered year at two o'clocK p.m. at the office of the board of co,zntv commissioners of the central county. The eaairman of such r,oar. (Alan preside After nomlnatiorls are made, successive n(t11,)ts shall be taYen until one cancladate receivt_s a majoritl, of ,.11 %,otcs cast. (6) One am'itional member selccted by the catv couocil of each con,-onent city containing a population of fifteen thousard or ,ore or cacn fifty thcusaild ropul,taon ovcr - an ,i abo',E. the first 'lfteen thousz ,,iu, sucn memoer to ‘c-, selecturl iron s'. c 1- city ,c,uicil uot,A all cc,r ,-ilmeT, :le rirsrvIcr ,2 anc thereafter to '.The selectL( from other off -1=s of sucn city -2- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 -4- the question of formation of the metropolitan municipal corpora-. tion as provided in RCW 35.58.090. (1) Within sixty days of the establishment of the metropolitan municipal corporation, the county commissioners and elected rep- resentatives of the component cities and counties shall provide for the selection of a governing body for the metropolitan muni- cipal corporation which shall consist of elected officials selected by and servirg at the pleasures of said elected repre- sentatives. (2) In no case shall the governing body of a metropolitan municipal corporation located wholly within one county be greater than nine memoers nor in the case of more than one county, fifteen members. Those component cities within the metropolitan municipal corporation excluded from direct member- ship on the council are hereby authorized to designate a member of tne council who shall be entitled to represent the interests pf such component city which is excluded from direct membership thereon. The legislative body of sucn component city shall notify the council as to the determination of its authorized representative Section 3. Section 35.58.290, Chapter 7, Laws of 1965 and RCli 35 58.290, are each amended to read as follows If a metropolitan munreiral corporation shall be authorized to erform the function of metropolitan parks and parkways, it srall e t'-le following pov,,ers in addition to the general powers -ranted oy this chadLer (1) To prepare a tomPreher,,ve plan of metropolitan parks and parkways. I n (7) For any metropolitan municipa] corporation which shall be authorized to perform the function of metropolitan water pollu- tion abatement, one additional member who shall be a commissioner of a sewer district or a water district which is operating a seer system and is a comporent part of the metropolitan murici- pal corporation and shall participate only in those council actions which relate to the performance of the function of metro- politan water pollution abatement. The commissioners of all such sewer districts and water districts which are component parts of the metropolitan municipal corporation shall meet on the first Tuesday of the month following May 21, 1971 and thereafter on the second Tuesday of June of each even-numbered year at 2-00 o'clock p.m. at the office of the board of county commissioners of the central county After election of a chairman, nominations shall be made to select a member to serve on the metropolitan coancil and successive ballots taken until one candidate receives a majority of votes cast. (8) One member, who shall be chairman of the metropolitan coun- cil, selected by the other members of the council. Fe shall not nold any puolic office of or be an employee of any component city or component county of the metropolitan corporation. B. If requested by the legislative body of the central city, _ or more component cities or a component county, the metro- -)olita council m1,7 be compoed as provided in this subsectior, 21 -e rr ,che.3t muqt be made ,hile the petition ur iesolution is )oirq considered_ov_thc_board_of_co,imi ,Dsloners_of_tho_centr_al ---;unty UnlLss acreed to by all tl-e co-nor et counties and cites, teratter sh.z.11 he su")--,itr ,.2d to tl'e 7oters alone ‘ith 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 , cession and service facilities, roads, bridges, walks, ramps and other access facilities, terminal and parking facilities for private vehicles and public transportation vehicles and systems, together with all lands, properties, property rights, equipment, utilities, accessories and appurtenances necessary or such public stadium facilities, convention center facili- ties, performing arts facilities, or visual arts center facili- ties, and to pay for any engineering, planning, financial, legal and professional services incident to the development and opera- tion of such facilities. (((3))4) To fix fees and charges for the use of metropolitan parc and palkway facilities. Section 4 Section 35.58.300, Chapter 7, Laws of 1965 and. RCW 35 5F.300, are each amended to read as follows: t - - r 7 -77" - 412 - -C7, 47- -Tre-t re-r-4= - - t "'CI - --eh + - c. - -e53°' r, -a-± f- - - -F4 -'- cn -I -(4-f- •-• - - - 28 al-, --L- -6- (2) To acquire by purchase, condemnation, gift or grant, to lease, construct, add to, improve, develop, replace, repair, maintain, operate and regulate the use of metropolitan parks and parkways, together witb all lands, rights of way, property, equipment and accessories necessary therefor. A park or parkway snail be considered to be a metropolitan facility if the metro- politan council shall by resolution find it to be of use and benefit to all or a major portion of the residents of the metro- nolitan area. rarhs or parkways which are owned by a component city or county may be acquired or used by the metropolitan muni- cipal corporation only with the consent of the legislative body of sucb city or county. Cities or counties are hereby authorized to convey or lease such facilities to metropolitan municipal cor- porations or to contract for their point use on such terms as may fi‘ed by agreement between the leraslative bodies of such city or county and the metropolitan council, without submitting the matter to the voters of such city or county If parks or park- ways which have been acquired or used as metropolitan facilities shall no longer be used tor park purposes 1-N7 the metropolitan vounicipa3 corr.:oration, such facilities snail revert to the com- ronert city or county which formerly owned them (3) To acquire by purchase, gift or grant, to lea s e as lessee, ihd to construct, instruct, add to, inpro7e, reolaco, repair, laintaLn, one rate and regulate tl ,c use of public stadium !:acllitics, convention center facilities, perforri -11 -; arts cer- ir facilltJes, and or visual ,irts c_cnter facilities, whethcr _ocatee wirc_Ln or witllout such Tctropolita,i municir,a1 cor-cra- tion, incluair,q b,t rot limited to huildincs, str ,lott.res, con- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 26 27 28 appain Les 7 - -E-0-rtr - t..t C.- L VE-17 - x.414-4.7; P,1---2 --P.a:4 -}-2-=..e-..--,-.1.---c:--Ir-e-9t-erta--eht.-1-1-----d-e-tc.if-ma-.net:--1-57 -±..-1*-e ) . metronolitan municipal corpolatior snail be authorI%ecl to -erfcrm the function of metropolitan parks and parkways, the uetroPolatan council sa11, rior to the effective date of pssumotion of such function, cause a metrorclitan nark and porkaay ,0Jisory comr-ittee to be formed by notifying the lsaislative body of each comporert cit7 y ard each component coonty to appoint one person to serve on such committee. The metropolitan park and part:tNay advlsorv committee shall meet at he time and place provided in the notice. Ex officio chairman 02 the advisory co-mittee shall be the chairman of the metro- olitan council. The memper5 o sue', committee shall serve at 'le pleasure of the appoantirg ncdies and shall receive no compensation other then rcimoarsemert for e -penses actually ,ncJrred in the performance of theii duties. The function of ,uch acl\iior/ co-mittee shall be to acaase the metrc,polatan ,Durcil with resoect to matters relatnc, to the park and ork- _ .av functao- _ UT:kr 5-11_,CT1 SectioJ If a retrorclatar municinal co- -orate-1 sal 1 he anthi-cc , to pe ,--arr thc furctic)r of ,:arrs an - 1,-IrL -,o_;,s, tre retrr i Altar r-c a-,11 nov I ,v't or co r->c Lo c 1(vieri o cf.r -11 ta or In pror ,or ,- rettoolitan crcil ech er no to evceed ,,e‘cnt_\-c lro cr,nts per ticu-)cnc: doLldr!:- of asset,,,e0 value of ttc nrnrort -7- 2 3 4 5 6 7 such metropolitan area. NEW SECTION. Section 6. Section 5 of this act shall con- stitute a new section of Chapter 35.58 RCW. NEW SECTION Section 7. Any provision of this act or its application to any person or circumstances is held invalid, the remainder of the act or the application of the provisions to other persons or circumstances is not affected. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -P-