H-617                _______________________________________________

                                                     HOUSE BILL NO. 27

                        _______________________________________________

                                                                            C 106 L 85

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Haugen, Brough, Lundquist, P. King and Rayburn

Read first time 1/16/85 and referred to Committee on Local Government.

AN ACT Relating to code cities; and amending  RCW 35A.12.010  and 35A.13.010.

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

        Sec. 1.  Section 35A.12.010, chapter 119, Laws of 1967 ex. sess. as last amended by section 1, chapter 128, Laws of 1983 and RCW 35A.12.010 are each amended to read as follows:

          The government of any noncharter code city or charter code city electing to adopt the mayor-council plan of government authorized by this chapter shall be vested in an elected mayor and an elected council.  The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants, the council shall consist of seven members:  PROVIDED, That if the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven member council.  If, after a city has become a mayor-council code  city, its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city.  When the population of a mayor-council code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members.    In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.12.050, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term.  The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management.  A charter adopted under the provisions of this title, incorporating the mayor-council plan of government set forth in this chapter, may provide for an uneven number of councilmen not exceeding eleven.

A noncharter code city of less than five thousand inhabitants which has elected the mayor-council plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following procedure.  At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five.  The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated.  The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040.

        Sec. 2.  Section 35A.13.010, chapter 119, Laws of 1967 ex. sess. as last amended by section 2, chapter 128, Laws of 1983 and RCW 35A.13.010 are each amended to read as follows:

          The councilmen shall be the only elective officers of a code city electing to adopt the council-manager plan of government authorized by this chapter, except where statutes provide for an elective police judge.  The council shall appoint an officer whose title shall be "city manager" who shall be the chief executive officer and head of the administrative branch of the city government.  The city manager shall be responsible to the council for the proper administration of all affairs of the code city.  The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants the council shall consist of seven members:  PROVIDED, That if the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven member council.  If, after a city has become a council-manager code city its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city.  When the population of a council-manager code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members.  In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.13.020, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term.  The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management.  A charter adopted under the provisions of this title, incorporating the council-manager plan of government set forth in this chapter may provide for an uneven number of councilmen not exceeding eleven. A noncharter code city of less than five thousand inhabitants which has elected the council-manager plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following procedure.  At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five.  The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated.  The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040.

                                                                                                                        Passed the House February 8, 1985.

                                                                                                                                         Speaker of the House.

                                                                                                                           Passed the Senate April 11, 1985.

                                                                                                                                       President of the Senate.