S-1134.1                   _______________________________________________

 

                                            SUBSTITUTE SENATE BILL 5049

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By Senate Committee on Government Operations (originally sponsored by Senator Haugen)

 

Read first time 02/01/93.

 

Changing provisions relating to reduction of city limits.


          AN ACT Relating to the reduction of city limits; amending RCW 35.16.010, 35.16.020, 35.16.030, 35.16.040, and 35.16.050; and adding a new section to chapter 35.16 RCW.

 

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

 

        Sec. 1.  RCW 35.16.010 and 1965 c 7 s 35.16.010 are each amended to read as follows:

          Upon the filing of a petition ((praying for an election to submit the question of excluding)) which is sufficient as determined by RCW 35A.01.040 requesting the exclusion from the boundaries of a city or town of an area described by metes and bounds or by reference to a recorded plat or government survey ((from the boundaries of a city or town)), signed by qualified voters ((thereof)) of the city or town equal in number to not less than ((one-fifth)) ten percent of the number of ((votes cast)) voters voting at the last general municipal election, the city or town ((council)) legislative body shall ((cause to be submitted)) submit the question to the voters ((by a special election held for that purpose.  Such special election shall not be held within ninety days next preceding any general election)).  As an alternate method, the legislative body of the city or town may by resolution submit a proposal to the voters for excluding such a described area from the boundaries of the city or town.  The question shall be submitted at the next general municipal election if one is to be held within one hundred eighty days or at a special election called for that purpose not less than ninety days nor more than one hundred eighty days after the certification of sufficiency of the petition or the passage of the resolution.  The petition or resolution shall set out and describe the territory to be excluded from the ((corporation)) city or town, together with the boundaries of the ((said corporation)) city or town as it will exist after such change is made.

 

        Sec. 2.  RCW 35.16.020 and 1985 c 469 s 19 are each amended to read as follows:

          Notice of a ((special)) corporate limit reduction election shall be published ((for)) at least ((four)) once each week for two consecutive weeks prior to the election in the official newspaper of the city or town.  The notice shall distinctly state the proposition to be submitted, shall designate specifically the area proposed to be excluded and the boundaries of the city or town as they would be after the proposed exclusion of territory therefrom ((and shall require the voters to cast ballots which)).  The ballots shall contain the words "For reduction of ((corporate)) city limits" and "Against reduction of ((corporate)) city limits" or words equivalent thereto.  ((This notice shall be in addition to the notice required by chapter 29.27 RCW.))

 

        Sec. 3.  RCW 35.16.030 and 1965 c 7 s 35.16.030 are each amended to read as follows:

          ((On the Monday next succeeding a special corporate limit reduction election, the canvassing authority shall proceed to canvass the returns thereof and)) The election returns shall be canvassed as provided in RCW 29.13.040.  If three-fifths of the votes cast on the proposition favor the reduction of the corporate limits, the ((council)) legislative body of the city or town, by an order entered on its minutes, shall ((cause)) direct the clerk to make and transmit to the office of the secretary of state a certified abstract of the vote.  The abstract shall show the ((whole)) total number of ((electors)) voters voting, the number of votes cast for reduction and the number of votes cast against reduction.

 

        Sec. 4.  RCW 35.16.040 and 1965 c 7 s 35.16.040 are each amended to read as follows:

          ((Immediately)) Promptly after the filing of the abstract of votes with the office of the secretary of state, the legislative body of the city or town ((council)) shall adopt an ordinance defining and fixing the corporate limits after excluding the area as determined by the election.  The ordinance shall also describe the excluded territory by metes and bounds or by reference to a recorded plat or government survey and declare it no longer a part of the city or town.

 

        Sec. 5.  RCW 35.16.050 and 1965 c 7 s 35.16.050 are each amended to read as follows:

          ((Immediately upon)) A certified copy of the ordinance defining the reduced city or town limits ((going into effect, a certified copy thereof)) together with a map showing the corporate limits as altered shall be filed and recorded in the office of the county auditor of the county in which the city or town is situated, ((and thereupon the boundaries shall be as set forth therein)) upon the effective date of the ordinance.  The new boundaries of the city or town shall take effect immediately after they are filed and recorded with the county auditor.

 

          NEW SECTION.  Sec. 6.  A new section is added to chapter 35.16 RCW to read as follows:

          In regard to franchises previously granted for operation of any public service business or facility within the territory excluded from a city or town by proceedings under this chapter, the rights, obligations, and duties of the legislative body of the county or other political subdivision having jurisdiction over such territory and of the franchise holder shall be as provided in RCW 35.02.160, relating to inclusion of territory by an incorporation.

 


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