H-2946.1  _______________________________________________

                          HOUSE BILL 2303

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Horn, Edmondson, B. Thomas and Dyer

Read first time 01/12/94.  Referred to Committee on Local Government.

Concerning proposals for city and town annexations and incorporations.

    AN ACT Relating to competing proposals for city and town annexations and incorporations; amending RCW 36.93.115; adding a new section to chapter 35.02 RCW; adding a new section to chapter 35.13 RCW; adding a new section to chapter 35A.14 RCW; and repealing RCW 35.13.175 and 35A.14.230.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 35.02 RCW to read as follows:

    For a period of ninety days after a petition proposing the incorporation of a city or town is filed with the county auditor, a petition or resolution proposing the annexation of any portion of the territory included in the incorporation proposal may be filed or adopted and the proposed annexation may continue following the applicable statutory procedure.  Territory that ultimately is annexed, as a result of the filing of such an annexation petition or adoption of such an annexation resolution during this ninety-day period, shall be withdrawn from the incorporation proposal.

    A proposed annexation of a portion of the territory included within the proposed incorporation, that is initiated by the filing of an annexation petition or adoption of an annexation resolution after this ninety-day period, shall be held in abeyance and may not occur unless:  (1) The boundary review board modifies the boundaries of the proposed incorporation and removes the territory from the proposed incorporation; (2) the boundary review board rejects the proposed incorporation and the proposed city or town has a population of less than seven thousand five hundred; (3) voters defeat the ballot proposition authorizing the proposed incorporation; or (4) a boundary review board simultaneously considers the proposed incorporation and the proposed annexation of the territory, as provided in RCW 36.93.115.

NEW SECTION. Sec. 2.  A new section is added to chapter 35.13 RCW to read as follows:

    After a petition proposing an annexation by a city or town is filed with the city or town or the governing body of the city or town, or after a resolution proposing an annexation by a city or town has been adopted by the city or town governing body, no territory included in the proposed annexation may be annexed by another city or town or incorporated into a city or town unless:  (1) The boundary review board modifies the boundaries of the proposed annexation and removes the territory; (2) the boundary review board or review board created under RCW 35.13.171 rejects the proposed annexation; or (3) the city or town governing body rejects the proposed annexation or voters defeat the ballot proposition authorizing the annexation.

NEW SECTION. Sec. 3.  A new section is added to chapter 35A.14 RCW to read as follows:

    After a petition proposing an annexation by a code city has been filed with the city or the city legislative authority, or after a resolution proposing the annexation by a code city has been adopted by the city legislative authority, no territory included in the proposed annexation may be annexed by another city or town or incorporated into a city or town unless:  (1) The boundary review board or county annexation review board created under RCW 35A.14.160 modifies the boundaries of the proposed annexation and removes the territory; (2) the boundary review board or county annexation review board created under RCW 35A.14.160 rejects the proposed annexation; or (3) the city legislative authority rejects the proposed annexation or voters defeat the ballot proposition authorizing the annexation.

    Sec. 4.  RCW 36.93.115 and 1982 c 220 s 5 are each amended to read as follows:

    A boundary review board((, county auditor, county legislative authority, or any other public official or body)) may simultaneously consider the proposed incorporation of a city or town, and the proposed annexation of a portion of the territory included in the proposed incorporation, if the resolution or petition initiating the annexation is adopted or filed ninety or fewer days after the petition proposing the incorporation was filed, and may act upon ((a petition for)) the proposed annexation before ((considering or)) acting upon ((a)) the petition for incorporation ((which embraces some or all of the same territory,)) without regard to priority of filing.

NEW SECTION. Sec. 5.  The following acts or parts of acts are each repealed:

(1) RCW 35.13.175 and 1973 1st ex.s. c 164 s 18 & 1965 c 7 s 35.13.175; and

(2) RCW 35A.14.230 and 1967 ex.s. c 119 s 35A.14.230.

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