title: RCW 36.68.440

text:
Upon accepting a petition to form a park and recreation service area, or upon passage of a resolution to establish such a service area, the county legislative authority shall order a full investigation for the purpose or purposes of the proposed service area to determine the feasibility of forming the same and to determine the estimated initial costs involved in obtaining the objectives set forth in the petition or resolution. The reports on the feasibility and the cost of the proposed service area shall be made available to the county legislative authority, and copies of such reports shall be filed with the clerk of the county legislative authority not more than eighty days after the county legislative authority first directs that the studies and reports be undertaken. The county legislative authority shall also provide by resolution that within twenty days after receiving the reports a public hearing shall be held at the county seat or at some convenient location within the proposed service area. At least five days before the hearing, the county legislative authority shall give notice of the hearing not less than twice in a legal newspaper of general circulation in the county. The notice shall describe the boundaries of the proposed service area, the purpose or purposes of the proposed service area, the estimated initial costs, indicate that the reports and other materials prepared at the order of the county legislative authority are available in the office of the clerk of the county legislative authority for the study and review of any interested party, and set the time, date and place of the hearing.
[ 1981 c 210 s 4; 1963 c 218 s 5.]
Notes:
Severability—1981 c 210: See note following RCW 36.68.400.

catchline: Feasibility and cost studies—Public hearing—Notice.


doc_type: statute

jurisdiction: wa

title: RCW 36.68.450

text:
At the hearing, the county legislative authority shall first provide for an explanation of the objectives of the proposed park and recreation service area and the estimated initial costs thereof. The county legislative authority shall permit any resident or property owner of the proposed service area to appear and be heard, and may permit property owners in contiguous areas to include their property within the proposed service area in the event that they make their request for inclusion in writing. The county legislative authority shall examine all reports on the feasibility of the proposed service area and its initial costs and may, if they deem it necessary, recess the hearing for not more than twenty days to obtain any additional information necessary to arrive at the findings provided for in RCW 36.68.420.
[ 1981 c 210 s 5; 1963 c 218 s 6.]
Notes:
Severability—1981 c 210: See note following RCW 36.68.400.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Hearing procedure—Inclusion of property—Examination of reports—Recess.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 36.68.460

text:
At the conclusion of a hearing, the board of county commissioners shall make the following findings:
(1) Whether or not the service area's objectives fit within the general framework of the county's comprehensive park plan and general park policies.
(2) The exact boundaries of the service area: The board shall be empowered to modify the boundaries as originally defined in the petition or resolution initiating the proposed service area: PROVIDED, That the boundaries of the service area may not be enlarged unless the property owners within the area to be added consent to their inclusion in writing; or unless the board gives the property owners of the area to be added, written notice, mailed to their regular permanent residences as shown on the latest records of the county auditor, five days prior to a regular or continued hearing upon the formation of the proposed service area.
(3) A full definition or explanation of the nature of improvements or services to be financed by the proposed service area.
(4) Whether or not the objectives of the service area are feasible.
(5) The number or name of the service area.
If satisfactory findings cannot be made by the board, the petition or resolution shall be dismissed, and no petition or resolution embracing the same area may be accepted or heard for at least two years.
[ 1963 c 218 s 7.]

catchline: Findings of county commissioners—Dismissal of proceedings, limitation on subsequent initiation.


title: RCW 36.68.470

text:
(1) Upon making findings under the provisions of RCW 36.68.460, the county legislative authority shall, by resolution, order an election of the voters of the proposed park and recreation service area to determine if the service area shall be formed. The county legislative authority shall in their resolution direct the county auditor to set the election to be held at the next general election or at a special election held for such purpose; describe the purposes of the proposed service area; set forth the estimated cost of any initial improvements or services to be financed by the service area should it be formed; describe the method of financing the initial improvements or services described in the resolution or petition; and order that notice of election be published in a newspaper of general circulation in the county at least twice prior to the election date.
(2) A proposition to form a park and recreation service area shall be submitted to the voters of the proposed service area. Upon approval by a majority of the voters voting on the proposition, a park and recreation service area shall be established. The proposition submitted to the voters by the county auditor on the ballot shall be in substantially the following form:
FORMATION OF PARK AND
RECREATION SERVICE AREA
Shall a park and recreation service area be established for the area described in a resolution of the legislative authority of . . . . . . county, adopted on the . . . . day of . . . . . . (year) . . . ., to provide financing for neighborhood park facilities, improvements, and services?
Yes . . . . . .
No . . . . . .
[ 2016 c 202 s 31; 1981 c 210 s 6; 1963 c 218 s 8.]
Notes:
Severability—1981 c 210: See note following RCW 36.68.400.

catchline: Resolution ordering election—Election procedure—Formation.


title: RCW 36.68.480

text:
If the petition or resolution initiating the formation of the proposed park and recreation service area proposes that the initial capital or operational costs are to be financed by regular property tax levies for a six-year period as authorized by RCW 36.68.525, or an annual excess levy, or that proposed capital costs are to be financed by the issuance of general obligation bonds and bond retirement levies, a proposition or propositions for such purpose or purposes shall be submitted to the voters of the proposed service area at the same election. A proposition or propositions for regular property tax levies for a six-year period as authorized by RCW 36.68.525, an annual excess levy, or the issuance of general obligation bonds and bond retirement levies, may also be submitted to the voters at any general or special election.
[ 1984 c 131 s 7; 1981 c 210 s 7; 1973 1st ex.s. c 195 s 38; 1963 c 218 s 9.]
Notes:
Purpose—1984 c 131 ss 3-9: See note following RCW 29A.36.210.
Severability—1981 c 210: See note following RCW 36.68.400.
Severability—Effective dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.

catchline: Property tax levies or bond retirement levies—Election.


title: RCW 36.68.490

text:
In order for the annual excess tax levy proposition or bond retirement levies proposition to be approved, voters exceeding in number at least sixty percent of the number of voters who cast ballots for the office of county legislative authority within the park and recreation area, or within the proposed service area, in the last preceding general election for that office must cast ballots on the tax levy proposition, and of all the votes cast at the election at least sixty percent of said votes must approve the annual excess tax levy or the bond retirement levies.
[ 1981 c 210 s 8; 1963 c 218 s 10.]
Notes:
Severability—1981 c 210: See note following RCW 36.68.400.

catchline: Annual excess levy or bond retirement levies—Election procedure—Vote required.


title: RCW 36.68.500

text:
If the formation of the service area is approved by the voters, the county legislative authority shall by resolution declare the service area to be formed and direct the county treasurer to be the treasurer of the service area. Expenditures of the service area shall be made upon warrants drawn by the county auditor pursuant to vouchers approved by the governing body of the service area.
[ 1981 c 210 s 9; 1963 c 218 s 11.]
Notes:
Severability—1981 c 210: See note following RCW 36.68.400.

catchline: Resolution declaring formation—Treasurer—Disbursement procedure.


title: RCW 36.68.510

text:
If the service area is formed, there shall be created in the office of the county treasurer a local service area fund with such accounts as the treasurer may find convenient, or as the state auditor may direct, into which shall be deposited all revenues received by the service area from tax levy, from gifts or donations, and from service or admission charges. Such fund shall be designated "(name of county) service area No. . . . . fund." Or "(name of district) service area fund." Special accounts shall be established within the fund for the deposit of the proceeds of each bond issue made for the construction of a specified project or improvement, and there shall also be established special accounts, within the fund for the deposit of revenues raised by special levy or derived from other specific revenues, to be used exclusively for the retirement of an outstanding bond issue or for paying the interest or service charges on any bond issue.
[ 1963 c 218 s 12.]

catchline: Local service area fund.


title: RCW 36.68.520

text:
(1) A park and recreation service area shall have the power to levy annual excess levies upon the property included within the service area if authorized at a special election called for the purpose in the manner prescribed by section 2, Article VII of the Constitution and by RCW 84.52.052 for operating funds, capital outlay funds, and cumulative reserve funds.
(2) A park and recreation service area may issue general obligation bonds for capital purposes only, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal to three-eighths of one percent of the value of the taxable property within the service area. Additionally, a park and recreation service area may issue general obligation bonds, together with any outstanding voter approved and nonvoter approved general indebtedness, equal to two and one-half percent of the value of the taxable property within the service area, as the term "value of the taxable property" is defined in RCW 39.36.015, when such bonds are approved by the voters of the service area at a special election called for the purpose in accordance with the provisions of Article VIII, section 6 of the Constitution. Such bonds shall be issued and sold in accordance with chapter 39.46 RCW.
Bonds may be retired by excess property tax levies when such levies are approved by the voters at a special election in accordance with the provisions of Article VII, section 2 of the Constitution and RCW 84.52.056.
Any elections shall be held as provided in RCW 39.36.050.
[ 1994 c 156 s 4. Prior: 1984 c 186 s 29; 1984 c 131 s 8; (1983 c 167 s 271 repealed by 1984 c 186 s 70; and repealed by 1984 c 131 s 10); 1983 c 167 s 83; 1981 c 210 s 10; 1973 1st ex.s. c 195 s 39; 1970 ex.s. c 42 s 19; 1963 c 218 s 13.]
Notes:
Intent—1994 c 156: See note following RCW 36.69.140.
Purpose—1984 c 186: See note following RCW 39.46.110.
Purpose—1984 c 131 ss 3-9: See note following RCW 29A.36.210.
Effective dates—1983 c 167: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately, except sections 271 and 272 shall take effect July 1, 1985." [ 1983 c 167 s 274.]
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Severability—1981 c 210: See note following RCW 36.68.400.
Severability—Effective dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015.

catchline: Annual excess property tax levy—General obligation bonds.


title: RCW 36.68.525

text:
A park and recreation service area may impose regular property tax levies in an amount equal to sixty cents or less per thousand dollars of assessed value of property in the service area in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the voters thereof approving a proposition authorizing the levies submitted not more than twelve months prior to the date on which the proposed initial levy is to be made and not oftener than twice in such twelve-month period, either at a special election or at the regular election of the service area, at which election the number of voters voting "yes" on the proposition must constitute three-fifths of a number equal to forty percent of the number of voters voting in the service area at the last preceding general election when the number of voters voting on the proposition does not exceed forty percent of the number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the voters thereof voting on the proposition if the number of voters voting on the proposition exceeds forty per centum of the number of voters voting in such taxing district in the last preceding general election. A proposition authorizing such tax levies may not be submitted by a park and recreation service area more than twice in any twelve-month period. Ballot propositions must conform with RCW 29A.36.210. If a park and recreation service area is levying property taxes, which in combination with property taxes levied by other taxing districts result in taxes in excess of the limitation provided for in RCW 84.52.043(2), the park and recreation service area property tax levy must be reduced or eliminated as provided in RCW 84.52.010.
[ 2010 c 106 s 302; 1994 c 156 s 5; 1984 c 131 s 9.]
Notes:
Effective date—2010 c 106: See note following RCW 35.102.145.
Intent—1994 c 156: See note following RCW 36.69.140.
Purpose—1984 c 131 ss 3-9: See note following RCW 29A.36.210.

catchline: Six-year regular property tax levies—Limitations—Election.


title: RCW 36.68.527

text:
In addition to other authority that a park and recreation service area possesses, a park and recreation service area may provide any public improvement as defined under RCW 39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a park and recreation service area to otherwise participate in the public improvements if that authority exists elsewhere.
[ 2001 c 212 s 14.]

catchline: Community revitalization financing—Public improvements.


title: RCW 36.68.530

text:
The governing body of each park and recreation service area shall annually compile a budget for each service area in a form prescribed by the state auditor for the ensuing calendar year which shall, to the extent that anticipated income is actually realized, constitute the appropriations for the service area. The budget may include an amount to accumulate a reserve for a stated capital purpose. In compiling the budget, all available funds and anticipated income shall be taken into consideration, including contributions or contractual payments from school districts, cities, or towns, county or any other governmental entity, gifts and donations, special tax levy, fees and charges, proceeds of bond issues, and cumulative reserve funds.
[ 1995 c 301 s 67; 1981 c 210 s 11; 1963 c 218 s 14.]
Notes:
Severability—1981 c 210: See note following RCW 36.68.400.


title: RCW 36.68.541

text:
Park and recreation service areas may hire employees and may fund all or a portion of the salaries and benefits of county park employees who perform work on county park and recreation facilities within the service area and may fund all or a portion of the salaries and benefits of city or town park employees who perform work on city or town park and recreation facilities within the service area.
[ 1988 c 82 s 2; 1981 c 210 s 12.]
Notes:
Severability—1981 c 210: See note following RCW 36.68.400.

catchline: Employees.


title: RCW 36.68.550

text:
A park and recreation service area may impose and collect use fees or other direct charges on facilities financed, acquired, and operated by the park and recreation service area. The county legislative authority may allow admission fees or other direct charges which are paid by persons using county park facilities located within a park and recreation service area to be transferred to a park and recreation service area. Such direct charges to users may be made for the use of or admission to swimming pools, field houses, tennis and handball courts, bathhouses, swimming beaches, boat launching, storage or moorage facilities, ski lifts, picnic areas and other similar recreation facilities, and for parking lots used in conjunction with such facilities. All funds collected under the provisions of this section shall be deposited to the fund of the service area established in the office of the county treasurer, to be disbursed under the service area budget as approved by the governing body of the park and recreation service area.
[ 1988 c 82 s 3; 1981 c 210 s 13; 1963 c 218 s 16.]
Notes:
Severability—1981 c 210: See note following RCW 36.68.400.

catchline: Use and admission fees and charges.


title: RCW 36.68.555

text:
A park and recreation service area may exercise the power of eminent domain to obtain property for its authorized purposes in a manner consistent with the power of eminent domain of the county in which the park and recreation service area is located.
[ 1988 c 82 s 8.]

catchline: Eminent domain.


title: RCW 36.68.560

text:
The county legislative authority may transfer the proceeds from concessions for food and other services accruing to the county from park or park facilities which are located in a park and recreation service area to the fund of the service area in the office of the county treasurer to be disbursed under the service area budget.
[ 1981 c 210 s 14; 1963 c 218 s 17.]
Notes:
Severability—1981 c 210: See note following RCW 36.68.400.

catchline: Concessions.


title: RCW 36.68.570

text:
A park and recreation service area may reimburse the county for any charge incurred by the county current expense fund which is properly an expense of the service area, including reasonable administrative costs incurred by the offices of county treasurer and the county auditor in providing accounting, clerical or other services for the benefit of the service area. The county legislative authority may, where a county purchasing department has been established, provide for the purchase of all supplies and equipment for a park and recreation service area through the department. The park and recreation service area may contract with the county to administer purchasing.
[ 1988 c 82 s 4; 1981 c 210 s 15; 1963 c 218 s 18.]
Notes:
Severability—1981 c 210: See note following RCW 36.68.400.

catchline: Use of funds—Purchases.


title: RCW 36.68.580

text:
Any park facility or park acquired, improved or otherwise financed in whole or in part by park and recreation service area funds shall be owned by the park service area and/or the county and/or the city or town in which the park or facility is located. The county may make expenditures from its current expense funds budgeted for park purposes for the maintenance, operation or capital improvement of any county park or park facility acquired, improved, or otherwise financed in whole or in part by park and recreation service area funds. Similarly, a city or town may make expenditures for any city or town park or park facility acquired, improved, or otherwise financed in whole or in part by park and recreation service area funds.
[ 1988 c 82 s 5; 1981 c 210 s 16; 1963 c 218 s 19.]
Notes:
Severability—1981 c 210: See note following RCW 36.68.400.

catchline: Ownership of parks and facilities—Expenditure of funds budgeted for park purposes.


title: RCW 36.68.590

text:
The purpose of RCW 36.68.400 et seq. shall be to provide a higher level of park services and shall not in any way diminish the right of a county to provide a general park program financed from current expense funds.
[ 1963 c 218 s 20.]

catchline: Purpose—Level of services—General park programs.


title: RCW 36.68.600

text:
A park and recreation service area may exercise any of the powers enumerated in chapter 67.20 RCW with respect to any park and recreation facility financed in whole or part from park and recreation service area funds.
[ 1988 c 82 s 6; 1981 c 210 s 17; 1963 c 218 s 21.]
Notes:
Severability—1981 c 210: See note following RCW 36.68.400.
Parks, bathing beaches, public camps: Chapter 67.20 RCW.

catchline: Use of park and recreation service area funds in exercise of powers enumerated in chapter 67.20 RCW.


title: RCW 36.68.610

text:
A park and recreation service area may include any unincorporated area in the state, and when any part of the proposed district lies within the corporate limits of any city or town said resolution or petition shall be accompanied by a certified copy of a resolution of the governing body of said city or town, approving inclusion of the area within the corporate limits of the city or town.
[ 1973 c 65 s 1.]

catchline: Area which may be included—Inclusion of area within city or town—Procedure.


title: RCW 36.68.620

text:
After a park and recreation service area has been organized, an additional area may be added by the same procedure within the proposed additional area as is provided herein for the organization of a park and recreation service area, and all electors within both the organized park and recreation service area and the proposed additional territory shall vote upon the proposition for enlargement.
[ 1973 c 65 s 2.]

catchline: Enlargement by inclusion of additional area—Procedure.


title: RCW 36.69.010

text:
Park and recreation districts are hereby authorized to be formed as municipal corporations for the purpose of providing leisure time activities and facilities and recreational facilities, of a nonprofit nature as a public service to the residents of the geographical areas included within their boundaries.
The term "recreational facilities" means parks, playgrounds, gymnasiums, swimming pools, field houses, bathing beaches, stadiums, golf courses, automobile racetracks and drag strips, coliseums for the display of spectator sports, public campgrounds, boat ramps and launching sites, public hunting and fishing areas, arboretums, bicycle and bridle paths, senior citizen centers, or community centers, including community centers which could include public libraries within less than 50 percent of the usable space, provided that any public library is operated in accordance with chapter 27.12 RCW, and other recreational facilities.
[ 2025 c 275 s 1; 1991 c 363 s 79; 1990 c 32 s 1; 1972 ex.s. c 94 s 1; 1969 c 26 s 1; 1967 c 63 s 1; 1963 c 4 s 36.69.010. Prior: 1961 c 272 s 1; 1959 c 304 s 1; 1957 c 58 s 1.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Park and recreation districts authorized—"Recreational facilities" defined.


title: RCW 36.69.020

text:
The formation of a park and recreation district shall be initiated by a petition designating the boundaries thereof by metes and bounds, or by describing the land to be included therein by townships, ranges and legal subdivisions. Such petition shall set forth the object of the district and state that it will be conducive to the public welfare and convenience, and that it will be a benefit to the area therein. Such petition shall be signed by not less than fifteen percent of the registered voters residing within the area so described. The name of a person who has signed the petition may not be withdrawn from the petition after the petition has been filed.
The petition shall be filed with the auditor of the county within which the proposed district is located, accompanied by an obligation signed by two or more petitioners, agreeing to pay the cost of the publication of the notice provided for in RCW 36.69.040. The county auditor shall, within thirty days from the date of filing the petition, examine the signatures and certify to the sufficiency or insufficiency thereof.
If the petition is found to contain a sufficient number of signatures of qualified persons, the auditor shall transmit it, together with a certificate of sufficiency attached thereto, to the county legislative authority, which shall by resolution entered upon its minutes receive it and fix a day and hour when the legislative authority will publicly hear the petition, as provided in RCW 36.69.040.
[ 1994 c 223 s 42; 1969 c 26 s 2; 1967 c 63 s 2; 1963 c 4 s 36.69.020. Prior: 1961 c 272 s 2; 1959 c 304 s 2; 1957 c 58 s 2.]

catchline: Formation of district by petition—Procedure.


title: RCW 36.69.030

text:
A park and recreation district may include any unincorporated area in the state and, when any part of the proposed district lies within the corporate limits of any city or town, said petition shall be accompanied by a certified copy of a resolution of the governing body of said city or town, approving inclusion of the area within the corporate limits of the city or town.
[ 1969 c 26 s 3; 1967 c 63 s 3; 1963 c 4 s 36.69.030. Prior: 1961 c 272 s 3; 1959 c 304 s 3; 1957 c 58 s 3.]

catchline: Area which may be included—Resolution of governing body of city or town.


title: RCW 36.69.040

text:
The board of county commissioners shall set a time for a hearing on the petition for the formation of a park and recreation district to be held not more than sixty days following the receipt of such petition. Notice of hearing shall be given by publication three times, at intervals of not less than one week, in a newspaper of general circulation within the county. Such notice shall state the time and place of hearing and describe particularly the area proposed to be included within the district.
[ 1963 c 4 s 36.69.040. Prior: 1957 c 58 s 4.]

catchline: Hearing on petition—Notice.


title: RCW 36.69.050

text:
The board of county commissioners shall designate a name for and fix the boundaries of the proposed district following such hearing. No land shall be included in the boundaries as fixed by the county commissioners which was not described in the petition, unless the owners of such land shall consent in writing thereto.
The board of county commissioners shall eliminate from the boundaries of the proposed district land which they find will not be benefited by inclusion therein.
[ 1963 c 4 s 36.69.050. Prior: 1957 c 58 s 5.]

catchline: Boundaries—Name—Inclusion, exclusion of lands.


title: RCW 36.69.065

text:
If the petition or resolution initiating the formation of the proposed park and recreation district proposes that the initial capital or operational costs are to be financed by regular property tax levies for a *five-year period as authorized by RCW 36.69.145, or an annual excess levy, or that proposed capital costs are to be financed by the issuance of general obligation bonds and bond retirement levies, a proposition or propositions for such purpose or purposes shall be submitted to the voters of the proposed park and recreation district at the same election. A proposition or propositions for regular property tax levies for a *five-year period as authorized by RCW 36.69.145, an annual excess levy, or the issuance of general obligation bonds and bond retirement levies, may also be submitted to the voters at any general or special election. The ballot proposition or propositions authorizing the imposition of a tax levy or levies, or issuance of general obligation bonds and imposition of tax levies, shall be null and void if the park and recreation district was not authorized to be formed.
[ 1989 c 184 s 1.]
Notes:
*Reviser's note: 1994 c 156 s 3 amended RCW 36.69.145 to authorize a six-year period.

catchline: Election for formation—Inclusion of proposition for tax levy or issuance of bonds.


title: RCW 36.69.070

text:
A ballot proposition authorizing the formation of the proposed park and recreation district shall be submitted to the voters of the proposed district for their approval or rejection at the next general state election occurring sixty or more days after the county legislative authority fixes the boundaries of the proposed district. Notices of the election for the formation of the park and recreation district shall state generally and briefly the purpose thereof and shall give the boundaries of the proposed district and name the day of the election and the hours during which the polls will be open. The proposition to be submitted to the voters shall be stated in such manner that the voters may indicate yes or no upon the proposition of forming the proposed park and recreation district.
The initial park and recreation commissioners shall be elected at the same election, but this election shall be null and void if the district is not authorized to be formed. No primary shall be held to nominate candidates for the initial commissioner positions. Candidates shall run for specific commission positions. A special filing period shall be opened as provided in RCW 29A.24.171 and 29A.24.181. The person who receives the greatest number of votes for each commission position shall be elected to that position. The three persons who are elected receiving the greatest number 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. The other two persons who are elected shall be elected to two-year terms of office if the election is held in an odd-numbered year or one-year terms of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately upon being elected and qualified, but the length of such terms shall be computed from the first day of January in the year following this election.
[ 2015 c 53 s 66; 1994 c 223 s 43; 1979 ex.s. c 126 s 28; 1963 c 4 s 36.69.070. Prior: 1959 c 304 s 4; 1957 c 58 s 7.]
Notes:
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).

catchline: Elections—Procedures—Terms.


title: RCW 36.69.080

text:
If a majority of all votes cast upon the proposition favors the formation of the district, the county legislative authority shall, by resolution, declare the territory organized as a park and recreation district under the designated name.
[ 1994 c 223 s 44; 1979 ex.s. c 126 s 29; 1963 c 4 s 36.69.080. Prior: 1957 c 58 s 8.]
Notes:
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).

catchline: Election results.


title: RCW 36.69.090

text:
A park and recreation district shall be governed by a board of five commissioners. Except for the initial commissioners, all commissioners shall be elected to staggered four-year terms of office and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280. Candidates shall run for specific commissioner positions.
Elections for park and recreation district commissioners shall be held biennially in conjunction with the general election in each odd-numbered year. Elections shall be held in accordance with the provisions of Title 29A RCW dealing with general elections, except that there shall be no primary to nominate candidates. All persons filing and qualifying shall appear on the general election ballot and the person receiving the largest number of votes for each position shall be elected.
[ 2015 c 53 s 67; 1996 c 324 s 2; 1994 c 223 s 45; 1987 c 53 s 1; 1979 ex.s. c 126 s 30; 1963 c 200 s 18; 1963 c 4 s 36.69.090. Prior: 1957 c 58 s 9.]
Notes:
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).


title: RCW 36.69.100

text:
Vacancies on the board of park and recreation commissioners shall occur and shall be filled as provided in chapter 42.12 RCW.
[ 1994 c 223 s 46; 1963 c 4 s 36.69.100. Prior: 1957 c 58 s 10.]

catchline: Commissioners—Vacancies.


title: RCW 36.69.110

text:
The park and recreation commissioners shall receive no compensation for their services but shall receive necessary expenses in attending meetings of the board or when otherwise engaged on district business.
[ 1963 c 4 s 36.69.110. Prior: 1957 c 58 s 11.]

catchline: Commissioners—Compensation, expenses.


title: RCW 36.69.120

text:
The park and recreation district board of commissioners shall:
(1) Elect its officers including a chair, vice chair, secretary, and such other officers as it may determine it requires;
(2) Hold regular public meetings at least monthly;
(3) Adopt policies governing transaction of board business, keeping of records, resolutions, transactions, findings and determinations, which shall be of public record;
(4) Initiate, direct and administer district park and recreation activities, and select and employ such properly qualified employees as it may deem necessary.
[ 2009 c 549 s 4103; 1963 c 4 s 36.69.120. Prior: 1957 c 58 s 12.]

catchline: Commissioners—Duties.


title: RCW 36.69.130

text:
Park and recreation districts shall have such powers as are necessary to carry out the purpose for which they are created, including, but not being limited to, the power: (1) To acquire and hold real and personal property; (2) to dispose of real and personal property only by unanimous vote of the district commissioners; (3) to make contracts; (4) to sue and be sued; (5) to borrow money to the extent and in the manner authorized by this chapter; (6) to grant concessions; (7) to make or establish charges, fees, rates, rentals and the like for the use of facilities (including recreational facilities) or for participation; (8) to make and enforce rules and regulations governing the use of property, facilities or equipment and the conduct of persons thereon; (9) to contract with any municipal corporation, governmental, or private agencies for the conduct of park and recreation programs; (10) to operate jointly with other governmental units any facilities or property including participation in the acquisition; (11) to hold in trust or manage public property useful to the accomplishment of their objectives; (12) to establish cumulative reserve funds in the manner and for the purposes prescribed by law for cities; (13) to acquire, construct, reconstruct, maintain, repair, add to, and operate recreational facilities; and, (14) to make improvements or to acquire property by the local improvement method in the manner prescribed by this chapter: PROVIDED, That such improvement or acquisition is within the scope of the purposes granted to such park and recreation district.
[ 1972 ex.s. c 94 s 2; 1969 c 26 s 4; 1967 c 63 s 4; 1963 c 4 s 36.69.130. Prior: 1961 c 272 s 4; 1959 c 304 s 5; 1957 c 58 s 13.]

catchline: Powers of districts.


title: RCW 36.69.140

text:
(1) A park and recreation district shall have the power to levy excess levies upon the property included within the district, in the manner prescribed by Article VII, section 2, of the Constitution and by RCW 84.52.052 for operating funds, capital outlay funds, and cumulative reserve funds.
(2) A park and recreation district may issue general obligation bonds for capital purposes only, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness equal to three-eighths of one percent of the value of the taxable property within such district, as the term "value of the taxable property" is defined in RCW 39.36.015. A park and recreation district may additionally issue general obligation bonds, together with outstanding voter approved and nonvoter approved general obligation indebtedness, equal to one and one-fourth percent of the value of the taxable property within the district, as the term "value of the taxable property" is defined in RCW 39.36.015, when such bonds are approved by three-fifths of the voters of the district at a general or special election called for that purpose and may provide for the retirement thereof by levies in excess of dollar rate limitations in accordance with the provisions of RCW 84.52.056. When authorized by the voters of the district, the district may issue interest bearing warrants payable out of and to the extent of excess levies authorized in the year in which the excess levy was approved. These elections shall be held as provided in RCW 39.36.050. Such bonds and warrants shall be issued and sold in accordance with chapter 39.46 RCW.
[ 1994 c 156 s 2; 1984 c 186 s 30; 1983 c 167 s 84; 1981 c 210 s 19; 1977 ex.s. c 90 s 1; 1973 1st ex.s. c 195 s 40; 1970 ex.s. c 42 s 20; 1969 c 26 s 5; 1967 c 63 s 5; 1963 c 4 s 36.69.140. Prior: 1961 c 272 s 5; 1959 c 304 s 6; 1957 c 58 s 14.]
Notes:
Intent—1994 c 156: "The intent of the legislature by enacting sections 2 through 5, chapter 156, Laws of 1994 is:
(1) To allow park and recreation districts and park and recreation service areas to place more than one excess levy on the same ballot, allowing districts and service areas to give voters the opportunity to vote on separate issues, such as for operating and capital funds, at the same election, thereby reducing election costs; and
(2) To increase the amount a park and recreation district or park and recreation service area may collect through a six-year property tax levy from a maximum of fifteen cents per thousand dollars of assessed value to a maximum of sixty cents per thousand dollars of assessed value. This would allow for a more stable funding source for park and recreation districts and park and recreation service areas at a realistic tax rate and reduce the need for holding excess levy elections on an annual or biannual [biennial] basis. In addition, it would level out the collection of taxes over each of six years rather than the practice now of collecting in one year to fund two years." [ 1994 c 156 s 1.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Severability—1981 c 210: See note following RCW 36.68.400.
Severability—Effective dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015.

catchline: Excess levies authorized—Bonds—Interest bearing warrants.


title: RCW 36.69.145

text:
(1) A park and recreation district may impose regular property tax levies in an amount equal to 60 cents or less per $1,000 of assessed value of property in the district in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the voters thereof approving a proposition authorizing the levies submitted at a special election or at the regular election of the district, at which election the number of voters voting "yes" on the proposition must constitute three-fifths of a number equal to 40 per centum of the number of voters voting in such district at the last preceding general election when the number of voters voting on the proposition does not exceed 40 per centum of the number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the voters thereof voting on the proposition if the number of voters voting on the proposition exceeds 40 per centum of the number of voters voting in such taxing district in the last preceding general election. A proposition authorizing the tax levies may not be submitted by a park and recreation district more than twice in any 12-month period. Ballot propositions must conform with RCW 29A.36.210.
(2) The limitation in RCW 84.55.010 does not apply to the first levy imposed under this section following the approval of the levies by the voters under subsection (1) of this section.
[ 2021 c 117 s 1; 2010 c 106 s 303; 1994 c 156 s 3; 1984 c 131 s 6; 1981 c 210 s 18.]
Notes:
Application—2021 c 117: "This act applies to taxes levied for collection in calendar years 2022 through 2026." [ 2021 c 117 s 4.]
Expiration date—2021 c 117: "This act expires January 1, 2027." [ 2021 c 117 s 5.]
Effective date—2010 c 106: See note following RCW 35.102.145.
Intent—1994 c 156: See note following RCW 36.69.140.
Purpose—1984 c 131 ss 3-9: See note following RCW 29A.36.210.
PDF
RCW 36.69.145
Six-year regular property tax levies—Limitations—Election. (Effective January 1, 2027.)
(1) A park and recreation district may impose regular property tax levies in an amount equal to sixty cents or less per thousand dollars of assessed value of property in the district in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the voters thereof approving a proposition authorizing the levies submitted at a special election or at the regular election of the district, at which election the number of voters voting "yes" on the proposition must constitute three-fifths of a number equal to forty per centum of the number of voters voting in such district at the last preceding general election when the number of voters voting on the proposition does not exceed forty per centum of the number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the voters thereof voting on the proposition if the number of voters voting on the proposition exceeds forty per centum of the number of voters voting in such taxing district in the last preceding general election. A proposition authorizing the tax levies may not be submitted by a park and recreation district more than twice in any twelve-month period. Ballot propositions must conform with RCW 29A.36.210. In the event a park and recreation district is levying property taxes, which in combination with property taxes levied by other taxing districts subject to the one percent limitation provided for in Article 7, section 2, of our state Constitution result in taxes in excess of the limitation provided for in RCW 84.52.043(2), the park and recreation district property tax levy must be reduced or eliminated as provided in RCW 84.52.010.
(2) The limitation in RCW 84.55.010 does not apply to the first levy imposed under this section following the approval of the levies by the voters under subsection (1) of this section.
[ 2010 c 106 s 303; 1994 c 156 s 3; 1984 c 131 s 6; 1981 c 210 s 18.]
Notes:
Effective date—2010 c 106: See note following RCW 35.102.145.
Intent—1994 c 156: See note following RCW 36.69.140.
Purpose—1984 c 131 ss 3-9: See note following RCW 29A.36.210.

catchline: Six-year regular property tax levies—Limitations—Election. (Effective until January 1, 2027.)


title: RCW 36.69.147

text:
In addition to other authority that a park and recreation district possesses, a park and recreation district may provide any public improvement as defined under RCW 39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a park and recreation district to otherwise participate in the public improvements if that authority exists elsewhere.
[ 2001 c 212 s 15.]

catchline: Community revitalization financing—Public improvements.


title: RCW 36.69.150

text:
The county treasurer of the county in which the district shall be located shall be the treasurer of the district, and expenditures shall be made upon warrants drawn by the county auditor pursuant to vouchers approved by the board of park and recreation commissioners.
[ 1963 c 4 s 36.69.150. Prior: 1957 c 58 s 16.]

catchline: District treasurer—Warrants—Vouchers.


title: RCW 36.69.160

text:
The board of park and recreation commissioners of each park and recreation district shall annually compile a budget, in form prescribed by the state auditor, for the ensuing calendar year, and which shall, to the extent that anticipated income is actually realized, constitute the appropriations for the district. The budget may include an amount to accumulate a reserve for a stated capital purpose. In compiling the budget, all available funds and anticipated income shall be taken into consideration, including contributions or contractual payments from school districts, cities or towns, county, or any other governmental unit; gifts and donations; special tax levy; assessments; fees and charges; proceeds of bond issues; cumulative reserve funds.
[ 1995 c 301 s 68; 1963 c 4 s 36.69.160. Prior: 1957 c 58 s 17.]

catchline: Budget.


title: RCW 36.69.170

text:
Expenditures shall be made solely in accordance with the budget, and should revenues accrue at a rate below the anticipated amounts, the board of park and recreation commissioners shall reduce expenditures accordingly: PROVIDED, That the board may, by unanimous vote, authorize such expenditures, or authorize expenditures in excess of those budgeted, if sufficient revenue to pay such expenditures is derived by the levy of the district or if provided by other governmental agencies specifically for such purposes.
[ 1963 c 4 s 36.69.170. Prior: 1957 c 58 s 18.]

catchline: Expenditures.


title: RCW 36.69.180

text:
(1) Except as otherwise provided in this section, the violation of any of the rules or regulations of a park and recreation district adopted by its board for the preservation of order, control of traffic, protection of life or property, or for the regulation of the use of park property is a misdemeanor.
(2)(a) Except as provided in (b) of this subsection, violation of such a rule or regulation relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction.
(b) Violation of such a rule or regulation equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor.
[ 2003 c 53 s 206; 1979 ex.s. c 136 s 37; 1963 c 4 s 36.69.180. Prior: 1957 c 58 s 19.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Violation of rules—Penalty.


title: RCW 36.69.190

text:
After a park and recreation district has been organized, an additional area may be added by the same procedure within the proposed additional area as is provided herein for the organization of a park and recreation district, except that no first commissioners shall be nominated by the board of county commissioners or elected, and all electors within both the organized park and recreation district and the proposed additional territory shall vote upon the proposition for enlargement.
[ 1969 c 26 s 6; 1967 c 63 s 6; 1963 c 4 s 36.69.190. Prior: 1961 c 272 s 6; 1959 c 304 s 7; 1957 c 58 s 20.]

catchline: Additional area may be added to district.


title: RCW 36.69.200

text:
(1) Whenever the board of park and recreation commissioners of any district shall determine that any proposed capital improvement would be of special benefit to all or to any portion of the district, it may establish local improvement districts within its territory; levy special assessments under the mode of annual installments extending over a period not exceeding twenty years, on all property specially benefited by a local improvement, on the basis of special benefits to pay in whole or in part the damage or costs of any improvements ordered in the district; and issue local improvement bonds in the improvement district to be repaid by the collection of local improvement assessments. The method of establishment, levying, collection and enforcement of such assessments and issuance and redemption of local improvement warrants and bonds and the provisions regarding the conclusiveness of the assessment roll and the review by the superior court of any objections thereto shall be as provided for the levying, collection, and enforcement of local improvement assessments and the issuance of local improvement bonds by cities and towns, insofar as consistent herewith. The duties devolving upon the city treasurer are hereby imposed upon the county treasurer for the purposes hereof. The mode of assessment shall be determined by the board. Such bonds may be in any form, including coupon bonds or registered bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 85; 1983 c 3 s 80; 1963 c 4 s 36.69.200. Prior: 1957 c 58 s 21.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Local improvements, supplemental authority: Chapter 35.51 RCW.

catchline: L.I.D.'s—Authorization—Assessments, warrants, bonds—County treasurer's duties.


title: RCW 36.69.210

text:
Local improvement districts may be initiated either (1) by resolution of the board of park and recreation commissioners, or, (2) by petition signed by the owners (according to the county auditor's records) of at least fifty-one percent of the area of land within the limits of the local improvement district to be created.
[ 1963 c 4 s 36.69.210. Prior: 1957 c 58 s 22.]

catchline: L.I.D.'s—Initiation by resolution or petition.


title: RCW 36.69.220

text:
If the board of park and recreation commissioners desires to initiate the formation of a local improvement district by resolution, it shall first pass a resolution declaring its intention to order such improvement, setting forth the nature and territorial extent of such proposed improvement, designating the number of the proposed local improvement district and describing the boundaries thereof, stating the estimated cost and expense of the improvement and the proportionate amount thereof which will be borne by the property within the proposed district, and fixing a date, time and place for a public hearing on the formation of the proposed local district.
[ 1963 c 4 s 36.69.220. Prior: 1957 c 58 s 23.]

catchline: L.I.D.'s—Procedure when by resolution.


title: RCW 36.69.230

text:
If such local improvement district is initiated by petition, such petition shall set forth the nature and territorial extent of the proposed improvement requested to be ordered and the fact that the signers thereof are the owners (according to the records of the county auditor) of at least fifty-one percent of the area of land within the limits of the local improvement district to be created. Upon the filing of such petition the board of park and recreation commissioners shall determine whether it is sufficient, and the board's determination thereof shall be conclusive upon all persons. No person shall withdraw his or her name from the petition after it has been filed with the board. If the board shall find the petition to be sufficient, it shall proceed to adopt a resolution declaring its intention to order the improvement petitioned for, setting forth the nature and territorial extent of said improvement, designating the number of the proposed local district and describing the boundaries thereof, stating the estimated cost and expense of the improvement and the proportionate amount thereof which will be borne by the property within the proposed local district, and fixing a date, time and place for a public hearing on the formation of the proposed local district.
The resolution of intention, whether adopted on the initiative of the board or pursuant to a petition of the property owners, shall be published in at least two consecutive issues of a newspaper of general circulation in the proposed local district, the date of the first publication to be at least fifteen days prior to the date fixed by such resolution for hearing before the board.
[ 2009 c 549 s 4104; 1963 c 4 s 36.69.230. Prior: 1957 c 58 s 24.]

catchline: L.I.D.'s—Procedure when by petition—Publication of notice of intent by either resolution or petition.


title: RCW 36.69.240

text:
Notice of the adoption of the resolution of intention shall be given each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed improvement district by mailing said notice at least fifteen days before the date fixed for the public hearing to the owner or reputed owner of the property as shown on the tax rolls of the county treasurer at the address shown thereon. The notice shall refer to the resolution of intention and designate the proposed improvement district by number. Said notice shall also set forth the nature of the proposed improvement, the total estimated cost, the proportion of total cost to be borne by assessments, the estimated amount of the cost and expense of such improvement to be borne by the particular lot, tract or parcel, the date, time and place of the hearing before the board of park and recreation commissioners; and in the case of improvements initiated by resolution, the notice shall also state that all persons desiring to object to the formation of the proposed district must file their written protests with the secretary of the board before the time fixed for said public hearing.
[ 1963 c 4 s 36.69.240. Prior: 1957 c 58 s 25.]


title: RCW 36.69.245

text:
Any notice given to the public or to the owners of specific lots, tracts, or parcels of land relating to the formation of a local improvement district shall contain a statement that actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to the increased true and fair value the improvement adds to the property.
[ 1989 c 243 s 4.]

catchline: L.I.D.'s—Notice must contain statement that assessments may vary from estimates.


title: RCW 36.69.250

text:
Whether the improvement is initiated by petition or resolution, the board of park and recreation commissioners shall conduct a public hearing at the time and place designated in the notice to property owners. At this hearing the board shall hear objections from any person affected by the formation of the local district and may make such changes in the boundaries of the district or such modifications in the plans for the proposed improvement as shall be deemed necessary: PROVIDED, That the board may not change the boundaries of the district to include or exclude property not previously included or excluded without first passing a new resolution of intention and giving a new notice to property owners in the manner and form and within the time herein provided for the original notice.
[ 1963 c 4 s 36.69.250. Prior: 1957 c 58 s 26.]

catchline: L.I.D.'s—Public hearing—Inclusion, exclusion of property.


title: RCW 36.69.260

text:
After said hearing the board of park and recreation commissioners shall have jurisdiction to overrule protests and proceed with any such improvement initiated by petition or resolution: PROVIDED, That the jurisdiction of the board to proceed with any improvement initiated by resolution shall be divested by a protest filed with the secretary of the board prior to said public hearing for the improvement signed by the owners of the property within the proposed local improvement district which is subject to sixty percent or more of the cost of the improvement as shown and determined by the preliminary estimates and assessment roll of the proposed improvement district.
[ 1963 c 4 s 36.69.260. Prior: 1957 c 58 s 27.]


title: RCW 36.69.270

text:
If the board of park and recreation commissioners finds that the district should be formed, it shall by resolution order the improvement, adopt detailed plans of the local improvement district and declare the estimated cost thereof, acquire all necessary land therefor, pay all damages caused thereby, and commence in the name of the park and recreation district such eminent domain proceedings as may be necessary to entitle the district to proceed with the work. The board shall thereupon proceed with the work and file with the county treasurer its roll levying special assessments in the amount to be paid by special assessment against the property situated within the improvement district in proportion to the special benefits to be derived by the property therein from the improvement.
[ 1963 c 4 s 36.69.270. Prior: 1957 c 58 s 28.]

catchline: L.I.D.'s—Powers and duties of board upon formation.


title: RCW 36.69.280

text:
Before approval of the roll a notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the local district, stating that the roll is on file and open to inspection in the office of the secretary, and fixing the time, not less than fifteen or more than thirty days from the date of the first publication of the notice within which protests must be filed with the secretary against any assessments shown thereon, and fixing a time when a hearing will be held by the board of park and recreation commissioners on the protests. Notice shall also be given by mailing, at least fifteen days before the hearing, a similar notice to the owners or reputed owners of the land in the local district as they appear on the books of the treasurer of the county in which the park and recreation district is located. At the hearing, or any adjournment thereof, the commissioners may correct, change or modify the roll, or any part thereof, or set aside the roll and order a new assessment, and may then by resolution approve it. If an assessment is raised a new notice similar to the first shall be given, after which final approval of the roll may be made. When property has been entered originally upon the roll and the assessment thereon is not raised, no objection thereto shall be considered by the commissioners or by any court on appeal unless the objection is made in writing at, or prior, to the date fixed for the original hearing upon the roll.
[ 1963 c 4 s 36.69.280. Prior: 1957 c 58 s 29.]

catchline: L.I.D.'s—Assessment roll—Procedure for approval—Objections.


title: RCW 36.69.290

text:
Whenever any land against which there has been levied any special assessment by any park and recreation district shall have been sold in part or subdivided, the board of park and recreation commissioners of such district shall have the power to order a segregation of the assessment.
[ 1963 c 4 s 36.69.290. Prior: 1957 c 58 s 30.]

catchline: L.I.D.'s—Segregation of assessments—Power of board.


title: RCW 36.69.300

text:
Any person desiring to have such a special assessment against a tract of land segregated to apply to smaller parts thereof shall apply to the board of park and recreation commissioners of the park and recreation district which levied the assessment. If the board determines that a segregation should be made, it shall by resolution order the county treasurer to make segregation on the original assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part. A certified copy of the resolution shall be delivered to the county treasurer who shall proceed to make the segregation ordered upon being tendered a fee of three dollars for each tract of land for which a segregation is to be made. In addition to such charge the board may require as a condition to the order of segregation that the person seeking it pay the district the reasonable engineering and clerical costs incident to making the segregation.
[ 1963 c 4 s 36.69.300. Prior: 1957 c 58 s 31.]

catchline: L.I.D.'s—Segregation of assessments—Procedure—Fee, charges.


title: RCW 36.69.310

text:
(1)(a) Any park and recreation district formed under the provisions of this chapter may be dissolved in its entirety in the manner provided in chapter 53.48 RCW, relating to port districts.
(b) In order to facilitate the dissolution of a park and recreation district, such a district may declare its intent to dissolve and may name a successor taxing district. It may transfer any lands, facilities, equipment, other interests in real or personal property, or interests under contracts, leases, or similar agreements to the successor district, and may take all action necessary to enable the successor district to assume any indebtedness of the park and recreation district relating to the transferred property and interests.
(2) A portion of land may be deannexed and withdrawn from a park and recreation district formed under the provisions of this chapter pursuant to RCW 36.69.315.
[ 2019 c 138 s 1; 2005 c 226 s 3; 1963 c 4 s 36.69.310. Prior: 1957 c 58 s 32.]
Notes:
Application—Effective date—2005 c 226: See notes following RCW 35.61.290.
Alternative procedure for dissolution of special districts: Chapter 36.96 RCW.

catchline: Dissolution.


title: RCW 36.69.315

text:
(1) As provided in this section, a city, town, or county may withdraw that portion of the city, town, or county from a park and recreation district that was formed under this chapter when:
(a) The governing body of a district, which is part of the district, adopts a resolution and findings of fact supporting the deannexation of that portion of the city, town, or county, which is part of the district; and the governing body of a city, town, or county, which is part of the district, adopts a resolution and findings of fact supporting the deannexation of that portion of the city, town, or county, which is part of the district;
(b) Ten percent of the voters of such city or county who voted at the last general election petition the governing officials for such a vote; or
(c) A district located in a county with a population of two hundred ten thousand or more has not actively carried out any of the special purposes or functions for which it was formed within the preceding consecutive five-year period, in accordance with chapter 57.90 RCW.
(2)(a) After adoption of the resolution approving the deannexation, receipt of a valid petition signed by the requisite number of registered voters, or determination that the district has been inactive in accordance with chapter 57.90 RCW, the governing body of the city, town, or county, which is part of the district, must draft a ballot title, give notice as required by law for ballot measures, and perform other duties as required to put the measure approving or not approving the deannexation before the voters of the city, town, or county, which is part of the district.
(b) The ballot proposition authorizing the deannexation from a proposed park and recreation district must be submitted to the voters of the district for their approval or rejection at the next general election. The ballot measure is approved if greater than fifty percent of the total persons voting on the ballot measure vote to approve the deannexation.
(3) The resolution under subsection (1) of this section and the ballot under subsection (2) of this section must set forth the specific land boundaries being deannexed from the district.
(4) A deannexation under this section is effective at the end of the day on the thirty-first day of December in the year in which the ballot measure under subsection (2) of this section is approved.
(5) The withdrawal of an area from the boundaries of a park and recreation district does not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of the park and recreation district existing at the time of the withdrawal.
(6)(a) An area that has been withdrawn from the boundaries of a park and recreation district under this section may be reannexed into the park and recreation district upon:
(i) Adoption of a resolution by the governing body proposing the reannexation; and
(ii) Adoption of a resolution by the park and recreation district approving the reannexation.
(b) The reannexation is effective at the end of the day on the thirty-first day of December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries for property tax purposes, the boundaries are established immediately upon the adoption of the second resolution.
(c) Referendum action on the proposed reannexation may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the park and recreation district, within a thirty-day period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed to be reannexed equal in number to ten percent of the total number of the registered voters residing in that area.
(d) If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions must be held in abeyance and a ballot proposition to authorize the reannexation must be submitted to the voters of the area at the next special election date according to RCW 29A.04.330. Approval of the ballot proposition authorizing the reannexation by a simple majority vote authorizes the reannexation.
(7) For purposes of this section, "deannex" means to withdraw a specified portion of land from a park and recreation district formed under this chapter.
[ 2019 c 138 s 2.]

catchline: Withdrawal or reannexation from a park and recreation district—Authority—Procedure.


title: RCW 36.69.320

text: See chapter 57.90 RCW.

catchline: Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for five years.


title: RCW 36.69.350

text:
The board of parks and recreation commissioners is hereby authorized for the purpose of carrying out the lawful powers granted to park and recreation districts by the laws of the state to contract indebtedness and to issue revenue bonds evidencing such indebtedness in conformity with this chapter.
[ 1972 ex.s. c 94 s 3.]

catchline: Board authorized to contract indebtedness and issue revenue bonds.


title: RCW 36.69.360

text:
All such revenue bonds authorized under the terms of this chapter may be issued and sold by the district from time to time and in such amounts as is deemed necessary by the board of park and recreation commissioners of each district to provide sufficient funds for the carrying out of all district powers, without limiting the generality thereof, including the following: Acquisition; construction; reconstruction; maintenance; repair; additions; operations of recreational facilities; parking facilities as a part of a recreational facility; and any other district purpose from which revenues can be derived. Included in the costs thereof shall be any necessary engineering, inspection, accounting, fiscal, and legal expenses, the cost of issuance of bonds, including printing, engraving and advertising and other similar expenses, and the proceeds of such bond issue are hereby made available for all such purposes.
[ 1972 ex.s. c 94 s 4.]
Notes:
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW 39.44.140.

catchline: Revenue bonds—Authorized purposes.


title: RCW 36.69.370

text:
(1) When revenue bonds are issued for authorized purposes, said bonds shall be either registered as to principal only or principal and interest as provided in RCW 39.46.030 or shall be bearer bonds; shall be in such denominations, shall be numbered, shall bear such date, shall be payable at such time or times up to a maximum period of not to exceed thirty years and payable as determined by the park and recreation commissioners of the district; shall bear interest payable semiannually; shall be executed by the chair of the board of park and recreation commissioners, and attested by the secretary of the board, and the seal of such board shall be affixed to each bond, but not to any coupon; and may have facsimile signatures of the chair and the secretary imprinted on any interest coupons in lieu of original signatures.
(2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW.
[ 2009 c 549 s 4105; 1983 c 167 s 86; 1972 ex.s. c 94 s 5.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Revenue bonds—Issuance, form, seal, etc.


title: RCW 36.69.380

text:
Bonds issued under the provisions of this chapter shall be payable solely out of the operating revenues of the park and recreation district. Such bonds shall be authorized by resolution adopted by the board of park and recreation commissioners, which resolution shall create a special fund or funds into which the board of park and recreation commissioners may obligate and bind the district to set aside and pay any part or parts of, or all of, or a fixed proportion of, or fixed amounts of gross revenue received by the district from moneys for services or activities as stated in the resolution, for the purpose of paying the principal of and interest on such bonds as the same shall become due, and if deemed necessary to maintain adequate reserves therefor. Such fund or funds shall be drawn upon solely for the purpose of paying the principal and interest upon the bonds issued pursuant to this chapter.
The bonds shall be negotiable instruments within the provision and intent of the negotiable instruments law of this state, even though they shall be payable solely from such special fund or funds, and the tax revenue of the district may not be used to pay, secure, or guarantee the payment of the principal of and interest on such bonds. The bonds and any coupons attached thereto shall state upon their face that they are payable solely from such special fund or funds. If the county fails to set aside and pay into such fund or funds, the payments provided for in such resolution, the owner of any such bonds may bring suit to compel compliance with the provisions of the resolution.
[ 1983 c 167 s 87; 1972 ex.s. c 94 s 6.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Resolution to authorize bonds—Contents.


title: RCW 36.69.390

text:
The board of park and recreation commissioners may provide covenants as it may deem necessary to secure the payment of the principal of and interest on such bonds and may, but shall not be required to, include covenants to create a reserve fund or account and to authorize the payment or deposit of certain moneys therein for the purpose of securing the payment of such principal and interest; to establish, maintain, and collect rates, charges, fees, rentals, and the like on the facilities and service the income of which is pledged for the payment of such bonds, sufficient to pay or secure the payment of such principal and interest and to maintain an adequate coverage over annual debt service; and to make any and all other covenants not inconsistent with the provisions of this chapter which will increase the marketability of such bonds. The board may also provide that revenue bonds payable out of the same source or sources may later be sold on a parity with any revenue bonds being issued and sold. The provisions of this chapter and any resolution or resolutions providing for the authorization, issuance, and sale of such bonds shall constitute a contract with the owner of such bonds, and the provisions thereof shall be enforceable by any owner of such bonds by mandamus or any appropriate suit, action or proceeding at law or in equity in any court of competent jurisdiction.
[ 1983 c 167 s 88; 1972 ex.s. c 94 s 7.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Payment of bonds—Covenants—Enforcement.


title: RCW 36.69.400

text:
(1) The board of parks and recreation commissioners of any district may by resolution, from time to time, provide for the issuance of funding or refunding revenue bonds to fund or refund any outstanding revenue bonds and any interest and premiums due thereon at or before the maturity of such bonds, and parts or all of various series and issues of outstanding revenue bonds in the amount thereof to be funded or refunded.
The board shall create a special fund for the sole purpose of paying the principal of and interest on such funding or refunding revenue bonds, into which fund the board shall obligate and bind the district to set aside and pay any part or parts of, or all of, or a fixed proportion of, or a fixed amount of the revenue of the recreational facility of the district sufficient to pay such principal and interest as the same shall become due, and if deemed necessary to maintain adequate reserves therefor.
Such funding or refunding bonds shall be negotiable instruments within the provisions and intent of the negotiable instruments law of this state, and the tax revenue of the district may not be used to pay, secure, or guarantee the payment of the principal of and interest on such bonds. Such bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030.
The district may exchange such funding or refunding bonds for the bonds, and any coupons being funded or refunded, or it may sell such funding or refunding bonds in the manner, at such price and at such rate or rates of interest as the board shall deem to be for the best interest of the district and its inhabitants, either at public or private sale.
The provisions of this chapter relating to the terms, conditions, covenants, issuance, and sale of revenue bonds shall be applicable to such funding or refunding bonds except as may be otherwise specifically provided in this section.
(2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 89; 1972 ex.s. c 94 s 8.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Funding, refunding bonds.


title: RCW 36.69.410

text:
This chapter shall be complete authority for the issuance of the revenue bonds hereby authorized, and shall be liberally construed to accomplish its purposes. Any restrictions, limitations or regulations relative to the issuance of such revenue bonds contained in any other act shall not apply to the bonds issued under this chapter. Any act inconsistent herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only.
[ 1972 ex.s. c 94 s 9.]

catchline: Authority for issuance of bonds—Construction.


title: RCW 36.69.420

text:
A park and recreation district may be formed encompassing portions of two or more counties. Such a district shall be known as a joint park and recreation district and shall have all powers and duties of a park and recreation district. The procedures established in this chapter for the formation of a park and recreation district shall be followed in the formation of a joint park and recreation district except as otherwise provided by RCW 36.69.430, 36.69.440, and 36.69.450.
[ 1979 ex.s. c 11 s 1.]
Notes:
Severability—1979 ex.s. c 11: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 11 s 7.]

catchline: Joint park and recreation district—Authorization.


title: RCW 36.69.430

text:
The formation of a joint park and recreation district shall be initiated by a petition as prescribed in RCW 36.69.020. The petition shall be filed with the county auditor of one of the counties within which a portion of the proposed joint district is located. A copy of the petition shall be filed with the county auditor of the other county or counties within which a portion of the proposed joint district is located. The county auditors shall jointly certify the sufficiency or insufficiency of the petition to the legislative authorities of the counties.
[ 1979 ex.s. c 11 s 2.]
Notes:
Severability—1979 ex.s. c 11: See note following RCW 36.69.420.

catchline: Joint park and recreation district—Formation—Petition.


title: RCW 36.69.440

text:
(1) If the petition filed under RCW 36.69.430 is found to contain a sufficient number of signatures, the legislative authority of each county shall set a time for a hearing on the petition for the formation of a park and recreation district as prescribed in RCW 36.69.040.
(2) At the public hearing the legislative authority for each county shall fix the boundaries for that portion of the proposed park and recreation district that lies within the county as provided in RCW 36.69.050. Each county shall notify the other county or counties of the determination of the boundaries within ten days.
(3) If the territories created by the county legislative authorities are not contiguous, a joint park and recreation district shall not be formed. If the territories are contiguous, the county containing the portion of the proposed joint district having the larger population shall determine the name of the proposed joint district.
(4) The proposition for the formation of the proposed joint park and recreation district shall be submitted to the voters of the district at the next general election, which election shall be conducted as required by RCW 36.69.070 and 36.69.080.
[ 1994 c 223 s 47; 1979 ex.s. c 11 s 3.]
Notes:
Severability—1979 ex.s. c 11: See note following RCW 36.69.420.

catchline: Joint park and recreation district—Formation—Hearing—Boundaries—Election.


title: RCW 36.69.450

text:
For all purposes essential to the maintenance, operation, and administration of a joint park and recreation district, including the apportionment of any funds, the county in which a joint park and recreation district shall be considered as belonging shall be the county containing the largest population of the joint district. Whenever the laws relating to park and recreation districts provide for an action by a county officer, the action, if required to be performed on behalf of a joint park and recreation district, shall be performed by the proper officer of the county to which the joint district belongs, except as otherwise provided by law. This delegation of authority extends but is not limited to:
(1) The declaration by the county legislative authority of the election results, as required by RCW 36.69.080;
(2) The filing of declarations of candidacy with the county auditor under RCW 36.69.090;
(3) The issuance of warrants by the county treasurer under RCW 36.69.150;
(4) The duties of the county treasurer and auditor in the establishment and operation of a local improvement district under RCW 36.69.200, 36.69.220, 36.69.240, and 36.69.300. If the local improvement district is located wholly within any one of the participating counties, then the officers of that county shall perform the duties relating to that local improvement district; and
(5) Receipt by the county treasurer of payments of revenue bonds under RCW 36.69.370.
[ 1979 ex.s. c 11 s 4.]
Notes:
Severability—1979 ex.s. c 11: See note following RCW 36.69.420.

catchline: Joint park and recreation district—Duties of county officers.


title: RCW 36.69.460

text:
Population determinations for the purposes of RCW 36.69.440 and 36.69.450 shall be made by the office of financial management.
[ 1979 ex.s. c 11 s 5.]
Notes:
Severability—1979 ex.s. c 11: See note following RCW 36.69.420.

catchline: Joint park and recreation district—Population determinations.


title: RCW 36.69.500

text:
The antidiscrimination provisions of RCW 49.60.500 apply to community athletics programs and facilities operated, conducted, or administered by a park and recreation district.
[ 2009 c 467 s 9.]
Notes:
Findings—Declarations—2009 c 467: See note following RCW 49.60.500.

catchline: Community athletics programs—Sex discrimination prohibited.


title: RCW 36.69.900

text:
This chapter may be cited as the "Recreation Districts Act for Counties."
[ 1969 c 26 s 7; 1967 c 63 s 7; 1963 c 4 s 36.69.900. Prior: 1961 c 272 s 7; 1959 c 304 s 9; 1957 c 58 s 33.]

catchline: Short title.


title: RCW 36.70.010

text:
The purpose and intent of this chapter is to provide the authority for, and the procedures to be followed in, guiding and regulating the physical development of a county or region through correlating both public and private projects and coordinating their execution with respect to all subject matters utilized in developing and servicing land, all to the end of assuring the highest standards of environment for living, and the operation of commerce, industry, agriculture and recreation, and assuring maximum economies and conserving the highest degree of public health, safety, morals and welfare.
[ 1963 c 4 s 36.70.010. Prior: 1959 c 201 s 1.]

catchline: Purpose and intent.


title: RCW 36.70.015

text:
Regional planning under the provisions of this chapter is hereby declared to be a proper public purpose for the expenditure of the funds of counties, school districts, public utility districts, housing authorities, port districts, cities or towns or any other public organization interested in regional planning.
[ 1963 c 4 s 36.70.015. Prior: 1961 c 232 s 6.]

catchline: Expenditure of funds declared public purpose.


title: RCW 36.70.020

text:
The following words or terms as used in this chapter shall have the following meaning unless a different meaning is clearly indicated by the context:
(1) "Approval by motion" is a means by which a board, through other than by ordinance, approves and records recognition of a comprehensive plan or amendments thereto.
(2) "Board" means the board of county commissioners.
(3) "Certification" means the affixing on any map or by adding to any document comprising all or any portion of a comprehensive plan a record of the dates of action thereon by the commission and by the board, together with the signatures of the officer or officers authorized by ordinance to so sign.
(4) "Commission" means a county or regional planning commission.
(5) "Commissioners" means members of a county or regional planning commission.
(6) "Comprehensive plan" means the policies and proposals approved and recommended by the planning agency or initiated by the board and approved by motion by the board (a) as a beginning step in planning for the physical development of the county; (b) as the means for coordinating county programs and services; (c) as a source of reference to aid in developing, correlating, and coordinating official regulations and controls; and (d) as a means for promoting the general welfare. Such plan shall consist of the required elements set forth in RCW 36.70.330 and may also include the optional elements set forth in RCW 36.70.350 which shall serve as a policy guide for the subsequent public and private development and official controls so as to present all proposed developments in a balanced and orderly relationship to existing physical features and governmental functions.
(7) "Conditional use" means a use listed among those classified in any given zone but permitted to locate only after review by the board of adjustment, or zoning adjustor if there be such, and the granting of a conditional use permit imposing such performance standards as will make the use compatible with other permitted uses in the same vicinity and zone and assure against imposing excessive demands upon public utilities, provided the county ordinances specify the standards and criteria that shall be applied.
(8) "Department" means a planning department organized and functioning as any other department in any county.
(9) "Element" means one of the various categories of subjects, each of which constitutes a component part of the comprehensive plan.
(10) "Ex officio member" means a member of the commission who serves by virtue of his or her official position as head of a department specified in the ordinance creating the commission.
(11) "Official controls" means legislatively defined and enacted policies, standards, precise detailed maps and other criteria, all of which control the physical development of a county or any part thereof or any detail thereof, and are the means of translating into regulations and ordinances all or any part of the general objectives of the comprehensive plan. Such official controls may include, but are not limited to, ordinances establishing zoning, subdivision control, platting, and adoption of detailed maps.
(12) "Ordinance" means a legislative enactment by a board; in this chapter the word, "ordinance", is synonymous with the term "resolution", as representing a legislative enactment by a board of county commissioners.
(13) "Planning agency" means (a) a planning commission, together with its staff members, employees and consultants, or (b) a department organized and functioning as any other department in any county government together with its planning commission.
(14) "Variance." A variance is the means by which an adjustment is made in the application of the specific regulations of a zoning ordinance to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and which adjustment remedies disparity in privileges.
[ 2009 c 549 s 4106; 1963 c 4 s 36.70.020. Prior: 1959 c 201 s 2.]

catchline: Definitions.


title: RCW 36.70.025

text:
As used in this chapter, "solar energy system" means any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for use in:
(1) The heating or cooling of a structure or building;
(2) The heating or pumping of water;
(3) Industrial, commercial, or agricultural processes; or
(4) The generation of electricity.
A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but are not limited to, serving as a structural member or part of a roof of a building or structure and serving as a window or wall.
[ 1979 ex.s. c 170 s 9.]
Notes:
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
Local governments authorized to encourage and protect solar energy systems: RCW 64.04.140.

catchline: "Solar energy system" defined.


title: RCW 36.70.030

text:
By ordinance a board may create a planning commission and provide for the appointment by the commission of a director of planning.
[ 1963 c 4 s 36.70.030. Prior: 1959 c 201 s 3.]

catchline: Commission—Creation.


title: RCW 36.70.040

text:
By ordinance a board may, as an alternative to and in lieu of the creation of a planning commission as provided in RCW 36.70.030, create a planning department which shall be organized and function as any other department of the county. When such department is created, the board shall also create a planning commission which shall assist the planning department in carrying out its duties, including assistance in the preparation and execution of the comprehensive plan and recommendations to the department for the adoption of official controls and/or amendments thereto. To this end, the planning commission shall conduct such hearings as are required by this chapter and shall make findings and conclusions therefrom which shall be transmitted to the department which shall transmit the same on to the board with such comments and recommendations it deems necessary.
[ 1963 c 4 s 36.70.040. Prior: 1959 c 201 s 4.]

catchline: Department—Creation—Creation of commission to assist department.


title: RCW 36.70.050

text:
Upon the creation of a planning agency as authorized in RCW 36.70.030 and 36.70.040, a county may engage in a planning program as defined by this chapter. Two or more counties may jointly engage in a planning program as defined herein for their combined areas.
[ 1963 c 4 s 36.70.050. Prior: 1959 c 201 s 5.]

catchline: Authority for planning.


title: RCW 36.70.060

text:
A county or a city may join with one or more other counties, cities and towns, and/or with one or more school districts, public utility districts, private utilities, housing authorities, port districts, or any other private or public organizations interested in regional planning to form and organize a regional planning commission and provide for the administration of its affairs. Such regional planning commission may carry on a planning program involving the same subjects and procedures provided by this chapter for planning by counties, provided this authority shall not include enacting official controls other than by the individual participating municipal corporations. The authority to initiate a regional planning program, define the boundaries of the regional planning district, specify the number, method of appointment and terms of office of members of the regional planning commission and provide for allocating the cost of financing the work shall be vested individually in the governing bodies of the participating municipal corporations.
Any regional planning commission or municipal corporation participating in any regional planning district is authorized to receive grants-in-aid from, or enter into reasonable agreement with any department or agency of the government of the United States or of the state of Washington to arrange for the receipt of federal funds and state funds for planning in the interests of furthering the planning program.
[ 1963 c 4 s 36.70.060. Prior: 1961 c 232 s 1; 1959 c 201 s 6.]
Notes:
Commission as employer for retirement system purposes: RCW 41.40.010.

catchline: Regional planning commission—Appointment and powers.


title: RCW 36.70.070

text:
Whenever a commission is created by a county, it shall consist of five, seven, or nine members as may be provided by ordinance: PROVIDED, That where a commission, on June 10, 1959, is operating with more than nine members, no further appointments shall be made to fill vacancies for whatever cause until the membership of the commission is reduced to five, seven or nine, whichever is the number specified by the county ordinance under this chapter. Departments of a county may be represented on the commission by the head of such departments as are designated in the ordinance creating the commission, who shall serve in an ex officio capacity, but such ex officio members shall not exceed one of a five-member commission, two of a seven-member commission, or three of a nine-member commission. At no time shall there be more than three ex officio members serving on a commission: PROVIDED FURTHER, That in lieu of one ex officio member, only, one employee of the county other than a department head may be appointed to serve as a member of the commission.
[ 1963 c 4 s 36.70.070. Prior: 1959 c 201 s 7.]

catchline: Commission—Composition.


title: RCW 36.70.080

text:
The members of a commission shall be appointed by the chair of the board with the approval of a majority of the board: PROVIDED, That each member of the board shall submit to the chair a list of nominees residing in his or her commissioner district, and the chair shall make his or her appointments from such lists so that as nearly as mathematically possible, each commissioner district shall be equally represented on the commission.
[ 2009 c 549 s 4107; 1963 c 4 s 36.70.080. Prior: 1959 c 201 s 8.]

catchline: Commission—Appointment—County.


title: RCW 36.70.090

text:
When a commission is created after June 10, 1959, the first terms of the members of the commission consisting of five, seven, and nine members, respectively, other than ex officio members, shall be as follows:
(1) For a five-member commission—one, shall be appointed for one year; one, for two years; one, for three years; and two, for four years.
(2) For a seven-member commission—one, shall be appointed for one year; two, for two years; two, for three years; and two, for four years.
(3) For a nine-member commission—two, shall be appointed for one year; two, for two years; two, for three years; and three, for four years.
Thereafter, the successors to the first member shall be appointed for four year terms: PROVIDED, That where the commission includes one ex officio member, the number of appointive members first appointed for a four year term shall be reduced by one; if there are to be two ex officio members, the number of appointive members for the three year and four year terms shall each be reduced by one; if there are to be three ex officio members, the number of appointive members for the four year term, the three year term, and the two year term shall each be reduced by one. The term of an ex officio member shall correspond to his or her official tenure: PROVIDED FURTHER, That where a commission, on the effective date of this chapter, is operating with members appointed for longer than four year terms, such members shall serve out the full term for which they were appointed, but their successors, if any, shall be appointed for four year terms.
[ 2009 c 549 s 4108; 1963 c 4 s 36.70.090. Prior: 1959 c 201 s 9.]


title: RCW 36.70.100

text:
Vacancies occurring for any reason other than the expiration of the term shall be filled by appointment for the unexpired portion of the term except if, on June 10, 1959, the unexpired portion of a term is for more than four years the vacancy shall be filled for a period of time that will obtain the maximum staggered terms, but shall not exceed four years. Vacancies shall be filled from the same commissioner district as that of the vacating member.
[ 1963 c 4 s 36.70.100. Prior: 1959 c 201 s 10.]

catchline: Commission—Vacancies.


title: RCW 36.70.110

text:
After public hearing, any appointee member of a commission may be removed by the chair of the board, with the approval of the board, for inefficiency, neglect of duty, or malfeasance in office.
[ 2009 c 549 s 4109; 1963 c 4 s 36.70.110. Prior: 1959 c 201 s 11.]

catchline: Commission—Removal.


title: RCW 36.70.120

text:
Each commission shall elect its chair and vice chair from among the appointed members. The commission shall appoint a secretary who need not be a member of the commission.
[ 2009 c 549 s 4110; 1963 c 4 s 36.70.120. Prior: 1959 c 201 s 12.]

catchline: Commission—Officers.


title: RCW 36.70.130

text:
Each planning agency shall hold not less than one regular meeting in each month: PROVIDED, That if no matters over which the planning agency has jurisdiction are pending upon its calendar, a meeting may be canceled.
[ 1963 c 4 s 36.70.130. Prior: 1959 c 201 s 13.]

catchline: Planning agency—Meetings.


title: RCW 36.70.140

text:
Each planning agency shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings, and determinations.
[ 1963 c 4 s 36.70.140. Prior: 1959 c 201 s 14.]

catchline: Planning agency—Rules and records.


title: RCW 36.70.150

text:
Two or more county planning agencies in any combination may hold joint meetings and by approval of their respective boards may have the same chair.
[ 2009 c 549 s 4111; 1963 c 4 s 36.70.150. Prior: 1959 c 201 s 15.]

catchline: Planning agency—Joint meetings.


title: RCW 36.70.160

text:
If a director of planning is provided for, he or she shall be appointed:
(1) By the commission when a commission is created under RCW 36.70.030;
(2) If a planning department is established as provided in RCW 36.70.040, then he or she shall be appointed by the board.
[ 2009 c 549 s 4112; 1963 c 4 s 36.70.160. Prior: 1959 c 201 s 16.]

catchline: Director—Appointment.


title: RCW 36.70.170

text:
The director of planning shall be authorized to appoint such employees as are necessary to perform the duties assigned to him or her within the budget allowed.
[ 2009 c 549 s 4113; 1963 c 4 s 36.70.170. Prior: 1959 c 201 s 17.]

catchline: Director—Employees.


title: RCW 36.70.180

text:
The boards of two or more counties or the legislative bodies of other political subdivisions or special districts may jointly engage a single director of planning and may authorize him or her to employ such other personnel as may be necessary to carry out the joint planning program.
[ 2009 c 549 s 4114; 1963 c 4 s 36.70.180. Prior: 1959 c 201 s 18.]

catchline: Joint director.


title: RCW 36.70.190

text:
Each planning agency, subject to the approval of the board, may employ or contract with the planning consultants or other specialists for such services as it requires.
[ 1963 c 4 s 36.70.190. Prior: 1959 c 201 s 19.]

catchline: Special services.


title: RCW 36.70.200

text:
Whenever a board shall have created a planning agency, it shall also by ordinance, coincident with the enactment of a zoning ordinance, create a board of adjustment, and may establish the office of zoning adjustor: PROVIDED, That any county that has prior to June 10, 1959, enacted a zoning ordinance, shall, within ninety days thereof, create a board of adjustment.
[ 1963 c 4 s 36.70.200. Prior: 1959 c 201 s 20.]

catchline: Board of adjustment—Creation—Zoning adjustor.


title: RCW 36.70.210

text:
A board of adjustment shall consist of five or seven members as may be provided by ordinance, and a majority of the members shall constitute a quorum for the transaction of all business.
[ 1965 ex.s. c 24 s 1; 1963 c 4 s 36.70.210. Prior: 1959 c 201 s 21.]

catchline: Board of adjustment—Membership—Quorum.


title: RCW 36.70.220

text:
The members of a board of adjustment and the zoning adjustor shall be appointed in the same manner as provided for the appointment of commissioners in RCW 36.70.080. One member of the board of adjustment may be an appointee member of the commission.
[ 1963 c 4 s 36.70.220. Prior: 1959 c 201 s 22.]

catchline: Board of adjustment—Appointment—Appointment of zoning adjustor.


title: RCW 36.70.230

text:
If the board of adjustment is to consist of three members, when it is first appointed after June 10, 1959, the first terms shall be as follows: One shall be appointed for one year; one, for two years; and one, for three years. If it consists of five members, when it is first appointed after June 10, 1959, the first terms shall be as follows: One shall be appointed for one year; one, for two years; one, for three years; one, for four years; and one, for six years. Thereafter the terms shall be for six years and until their successors are appointed and qualified.
[ 1963 c 4 s 36.70.230. Prior: 1959 c 201 s 23.]

catchline: Board of adjustment—Terms.


title: RCW 36.70.240

text:
Vacancies in the board of adjustment shall be filled by appointment in the same manner in which the commissioners are appointed in RCW 36.70.080. Appointment shall be for the unexpired portion of the term.
[ 1963 c 4 s 36.70.240. Prior: 1959 c 201 s 24.]

catchline: Board of adjustment—Vacancies.