H-1550              _______________________________________________

                                                   HOUSE BILL NO. 1191

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Brough and Schoon

Read first time 2/8/85 and referred to Committee on Local Government.

AN ACT Relating to incorporation of cities and towns; and adding new sections to chapter 35.21 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 35.21 RCW to read as follows:

          The purpose of this act is to provide for an equitable distribution of county equipment assets to a newly incorporating city.

NEW SECTION. Sec. 2.  A new section is added to chapter 35.21 RCW to read as follows:

          As used in sections 1 through 4 of this act, the term "city" includes any city or town.

NEW SECTION. Sec. 3.  A new section is added to chapter 35.21 RCW to read as follows:

          Within ninety days after the initial members of the governing body of a newly incorporated city assume office, the governing body of the city, and the county legislative authority of the county within which the city is located, shall have agreed upon a distribution of county equipment to the newly incorporated city.

          The only county equipment subject to this distribution is equipment with a five year or longer usable life involved in county law enforcement activities, the county engineer's or public works department, the county parks department, and the county emergency medical services, if any.  This equipment does not include automobiles or motor cycles.

          The value of the equipment so distributed to the city, in comparison with the total value of all such equipment owned by the county, shall be in the same proportion that the assessed valuation of property in the newly incorporated city is to the total assessed valuation of property in the unincorporated area of the county prior to the incorporation of the city.

NEW SECTION. Sec. 4.  A new section is added to chapter 35.21 RCW to read as follows:

          If the distribution of equipment provided for in section 3 of this act has not been agreed to within ninety days after the governing body of a newly incorporated city assumes office, the matter shall be resolved by a board of arbitrators, to be convened at the request of either the county or the city.  The board of arbitrators shall have a representative of the city, a representative of the county, and a third representative to be appointed by the other two representatives.  If no agreement can be reached with regard to the third representative, the third representative shall be appointed by a judge of the superior court of the county.  The determination by the board of arbitrators shall be binding on all parties.  The county and the city shall each pay the costs of their individual representative, and they shall each pay half of the cost of the third arbitrator.