BP BHEAD INT H

AN ACT Relating to city and town boundary changes; amending RCW 35.10.217; and adding a new section to chapter 36.93 RCW.

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

Sec. 1. RCW 35.10.217 and 1986 c 253 s 1 are each amended to read as follows:

The following methods are available for the annexation of all or a part of a city or town to another city or town that is adjacently located to the part of the city or town from which the territory is proposed to be taken:

(1) A petition for an election to vote upon the annexation((, which proposed annexation is approved by the legislative body of the city or town from which the territory will be taken, may be submitted to the legislative body of the city or town to which annexation is proposed. An annexation under this subsection shall otherwise)) under the petition and election method shall conform with the requirements for and procedures of a petition and election method of annexing unincorporated territory under chapter 35.13 RCW, except ((~~for the requirement for the approval of the annexation by~~)) that the election shall not be held unless the legislative body of the city or town from which the territory would be taken adopts a resolution approving the annexation.

(2) The legislative body of a city or town may on its own initiative by resolution indicate its desire to be annexed to a city or town either in whole or in part, or the legislative body of a city or town proposing to annex all or part of another city or town may initiate the annexation by adopting a resolution indicating that desire. In case ((~~such~~)) the resolution is passed, ((~~such~~)) the resolution shall be transmitted to the legislative body of the other affected city or town. The annexation is effective if the other city or town adopts a resolution concurring in the annexation, unless the owners of property in the area proposed to be annexed, equal in value to sixty percent or more of the assessed valuation of the property in the area, protest the proposed annexation in writing to the legislative body of the city or town proposing to annex the area, within thirty days of the adoption of the second resolution accepting the annexation. Notices of the public hearing at which the second resolution is adopted shall be mailed to the owners of the property within the area proposed to be annexed in the same manner that notices of a hearing on a proposed local improvement district are required to be mailed by a city or town as provided in chapter 35.43 RCW. ((An annexation under this subsection shall be potentially subject to review by a boundary review board or other annexation review board after the adoption of the initial resolution, and the second resolution may not be adopted until the proposed annexation has been approved by the board.))

(3) The owners of property located in a city or town may petition for annexation of their property to another city or town. An annexation under this subsection shall conform with the requirements for and procedures of a direct petition method of annexing unincorporated territory under chapter 35.13 RCW, except that the legislative body of the city or town from which the territory would be taken must ((~~approve~~)) adopt a resolution approving the annexation before it may proceed.

(4) Boundary adjustments may be made between the two cities or towns that are adjacently located under the special process provided in section 2 of this act.

(5) A code city may annex territory located in another city or town, have territory within its boundaries annexed by another city or town, and have its boundaries adjusted, as provided in this section.

(6) All annexations under this section are subject to potential review by the local boundary review board or annexation review board.

NEW SECTION. Sec. 2. A new section is added to chapter 36.93 RCW to read as follows:

(1) Boundaries of two cities or towns that are adjacently located, and are located in a county in which a boundary review board exists, may be adjusted as provided in this section.

(2) The legislative body of one of the two cities or towns may adopt a resolution initiating the boundary adjustment process and describing boundary changes that it proposed, that may involve:

(a) One or more portions of the other city or town, that are adjacently located to the initiating city or town, being removed from the other city or town and transferred or annexed to the initiating city or town;

(b) One or more portions of the initiating city or town, that are adjacently located to the other city or town, being removed from the initiating city or town and transferred or annexed to the other city or town;

A copy of the resolution shall be transmitted to the legislative body of the other city or town and the boundary review board.

(3) The boundary review board shall hold a public hearing on adjusting the boundaries of the two cities or towns within forty-five days of receiving a copy of the resolution and consider boundary adjustments between the two cities or towns, including the boundary adjustments proposed in the initiating resolution. The public hearing may be adjourned and continued from time to time not exceeding sixty days from the date of the initial public hearing. After the public hearing, or last continuation of the public hearing, the boundary review board may, at its sole discretion, propose boundary adjustments between the two cities or towns which may include the boundary adjustments proposed in the initiating resolution or any other alternative, including, but not limited to, removing all or any portion of the initiating city or town, that is adjacently located to the other city or town, and transferring or annexing that area to the other city or town, and removing all or any portion of the other city or town, that is adjacently located to the initiating city or town, and transferring or annexing that area to the initiating city or town. However, the total area of all the territory that is proposed to be transferred or annexed may not exceed one-half square mile and the boundary review board shall make written findings that the proposed transfer or transfers further the objectives specified in RCW 36.93.180(1) through (4) and (7).

(4) The boundary review board shall notify in writing the legislative body of both cities or towns, and the county legislative authority, of its proposal which shall become effective forty-five days after the board approves the proposal unless a referendum petition against the proposal is filed with the county auditor within forty-five days of the date the boundary review board approved the proposal using the procedure specified in RCW 35A.14.295 through 35A.14.299. If a referendum petition signed by the requisite number of voters is filed within this forty-five day period, a single ballot proposition authorizing the boundary adjustment or adjustments shall be submitted to the voters residing in all the territory proposed to be transferred or annexed at a special election called by the county legislative authority at the next special election date specified under RCW 29.13.020 that occurs sixty or more days after the petition was filed. The removals and transfers or annexations shall be effective immediately upon certification of the election results that the ballot proposition was approved by a simple majority vote of voters voting on the proposal.

(5) However, if no registered voters reside in any of the territory proposed to be removed and transferred or annexed, the proposed boundary adjustment shall not be authorized unless a petition supporting the boundary adjustment is filed with the county legislative authority within ninety days after the boundary review board makes its recommendation that is signed by the record owners of at least a simple majority of the assessed valuation of all this territory. The determination by the county legislative authority that the petition contains the requisite signatures of property owners is conclusive upon all persons. The removals and transfers or annexations shall be effective immediately upon the county legislative authority adopting a resolution indicating its determination that the petition contains the requisite signatures.