HOUSE BILL REPORT

HB 117

BYRepresentatives Haugen, Nutley, Allen, Bristow, Rayburn and Madsen

Prohibiting expansion of areas annexed for municipal purposes unless for enlargement of original municipal purposes.

House Committe on Local Government

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (10)

     Signed by Representatives Haugen, Chair; Bumgarner, Ferguson, Hine, Madsen, Nealey, Nelson, Nutley, Rayburn and L. Smith.

House Staff:Steve Lundin (786-7127)

AS REPORTED BY COMMITTEE ON LOCAL GOVERNMENT FEBRUARY 24, 1987

BACKGROUND:

A variety of types of cities and towns are authorized in this state, including first-class cities, second-class cities, third- class cities, towns (fourth-class municipal corporations), and code cities.

Second-class cities, third-class cities, and towns may annex contiguous or noncontiguous territory outside the city or town for park, cemetery, or other municipal purposes, upon a majority vote of the city or town council, if such territory were owned by the city or town or all of the owners of the real property in the territory give their written consent to the annexation.

Code cities may annex contiguous or noncontiguous territory outside the city for municipal purposes if the territory were owned by the city upon a majority vote of the city council.

By inference a first-class city can annex territory under either of these statutes.

SUMMARY:

SUBSTITUTE BILL:  The ability of second-class cities, third- class cities, and towns to annex territory for municipal purposes is limited to situations where the city or town owns the territory to be annexed, and the ability to make such annexations if all the owners of the property in the territory consent to the annexation is deleted.

The ability of any city or town to annex for municipal purposes is limited so that: (1) any area so annexed shall not be expanded by further annexations except to enlarge the original municipal purpose unless the county concurs in another municipal purpose; and (2) land use on any noncontiguous land so annexed shall comply with any county land use regulation.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  An annexation to one of these areas could occur for another municipal purpose if authorized by the county.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Jim Williams, Washington State Association of Counties.

House Committee - Testified Against: Doug Baker, Association of Washington Cities.

House Committee - Testimony For:     Moses Lake just annexed an area under this law that is 15 miles from the city boundaries.  This area is proposed to be used for a garbage dump.  The nearby residents do not vote for the city officials and have no voice in the decision to locate a garbage dump nearby.  This is a little-used law that should not be used loosely.

House Committee - Testimony Against: Why restrict the city?  An environmental impact study must still be made for a garbage dump.