BP BHEAD INT H

AN ACT Relating to city and town annexations; amending RCW 35.13.125, 35.13.130, 35.13.150, 35.13.160, 35A.14.120, 35A.14.140, and 35A.14.150; adding a new section to chapter 35.13 RCW; adding a new section to chapter 35A.14 RCW; and repealing RCW 28A.335.110.

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

Sec. 1. RCW 35.13.125 and 1990 c 33 s 565 are each amended to read as follows:

Proceedings for ((~~the~~)) annexation of ((~~territory~~)) an unincorporated area contiguous to a city or town, pursuant to RCW 35.13.130, 35.13.140, 35.13.150, 35.13.160 and 35.13.170, shall be commenced as provided in this section. Prior to the circulation of a petition for such an annexation, the initiating party or parties, who((~~, except as provided in RCW 28A.335.110,~~)) shall be either not less than ten percent of the residents of the area to be annexed or the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is ((~~petitioned~~)) sought, shall notify the legislative body of the city or town in writing of their intention to commence annexation proceedings. If the area proposed to be annexed includes only tax exempt property, including property owned by a school district, the owners of at least a majority of the acreage in the area may notify the legislative body of the city or town of their intention to commence annexation proceedings.

The legislative body shall set a date, not later than sixty days after the filing of the request, for a meeting with the initiating parties to determine whether the city or town will accept, reject, or geographically modify and accept the proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan if ((~~such~~)) the plan has been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it shall require the assumption of all or of ((~~any~~)) a portion of existing city or town indebtedness by the area to be annexed. If the legislative body requires the assumption of either all or ((~~of any~~)) a portion of the city or town's existing indebtedness ((~~and/or~~)) or the adoption of a comprehensive plan, or both, it shall record this action in its minutes and the petition for annexation shall be so drawn as to clearly indicate ((~~this~~)) these facts.

Approval by the legislative body shall be a condition precedent to circulation of the petition. There shall be no appeal from the decision of the legislative body.

Sec. 2. RCW 35.13.130 and 1990 c 33 s 566 are each amended to read as follows:

(1) A petition for annexation of an unincorporated area contiguous to a city or town that was approved for annexation under RCW 35.13.125 may be made in writing addressed to and filed with the legislative body of the ((~~municipality~~)) city or town to which annexation is desired. ((~~Except where all the property sought to be annexed is property of a school district, and the school directors thereof file the petition for annexation as in RCW 28A.335.110 authorized,~~)) The petition must be signed by the owners of not less than ((~~seventy-five~~)) sixty percent in value, according to the assessed valuation for general taxation of the property for which annexation is petitioned((~~: PROVIDED, That in cities and towns with populations greater than one hundred sixty thousand located east of the Cascade mountains,~~)). However, a petition for annexation of an area having at least eighty percent of its boundaries contiguous with a portion of the boundaries of the city or town need be signed by only the owners of not less than fifty percent in value according to the assessed valuation for general taxation of the property for which the annexation is petitioned.

If only tax exempt property, including property owned by a school district, is proposed to be annexed to the city or town, the owner or owners of tax exempt property may sign an annexation petition ((and have the tax exempt property annexed into the city or town, but the value of the tax exempt property shall not be used in calculating the sufficiency of the required property owner signatures unless only tax exempt property is proposed to be annexed into the city or town)).

((~~The~~)) An annexation petition shall set forth a description of the property according to government legal subdivisions or legal plats which is in compliance with RCW 35.02.170, and shall be accompanied by a ((~~plat~~)) map which outlines the boundaries of the property sought to be annexed. If the legislative body has required the ((~~assumption of all or of any~~)) area proposed to be annexed assume all or a portion of the city or town's indebtedness ((~~by the area annexed, and/or~~)), or the adoption of a comprehensive plan for the area to be annexed, or both, these facts, together with a quotation of the minute entry of ((~~such~~)) the requirement or requirements shall be set forth in the petition.

(2) However, if the population of the area proposed to be annexed under this section is equal to or greater than the greater of five percent of the population of the city or town prior to the annexation or one hundred persons, an annexation under this section is subject to potential approval by the voters residing in the area proposed to be annexed, as provided in RCW 35.13.150, 35.13.160, and section 5 of this act.

Sec. 3. RCW 35.13.150 and 1975 1st ex.s. c 220 s 9 are each amended to read as follows:

Following the hearing, the ((~~council or commission~~)) legislative body shall determine by ordinance whether annexation shall be made. Subject to RCW 35.02.170, ((~~they~~)) the ordinance may annex all or any portion of the proposed area but may not include in the annexation any property not described in the petition. Upon passage of the ordinance a certified copy shall be filed with the ((~~board of county commissioners~~)) county legislative authority of the county in which the annexed property is located.

However, if the area proposed to be annexed has a population equal to or greater than the greater of either five percent of the city or town's population prior to the annexation or one hundred persons, the proposed annexation is subject to potential approval by voters residing in the area proposed to be annexed and a notice of the adoption of the annexation ordinance shall be published by the city or town in a newspaper of general circulation in the area to be annexed at least once each week for two weeks after the adoption of the ordinance, with the first notice being published within twelve days after the ordinance was adopted. The notice shall describe the area to be annexed and the process under section 5 of this act by which a petition may be filed causing a ballot proposition authorizing the annexation to be submitted to voters residing in the area to be annexed for their approval or rejection. If the legislative body requires the assumption of either all or a portion of the city or town's indebtedness, or the adoption of a comprehensive plan, or both, the notice shall describe these facts.

Sec. 4. RCW 35.13.160 and 1973 1st ex.s. c 164 s 13 are each amended to read as follows:

Upon the date fixed in the ordinance of annexation the area annexed shall become part of the city or town, if the area has a population less than the greater of either five percent of the population of the city or town prior to the annexation or one hundred persons.

If the area proposed to be annexed has a population equal to or greater than the greater of either five percent of the population of the city or town prior to the annexation or one hundred persons, the area proposed to be annexed shall become part of the city or town at the date specified in the annexation ordinance, which must be at least forty-five days after the date of the adoption of the annexation ordinance, not including the day the ordinance was adopted, unless a sufficient petition was timely filed, as provided under section 5 of this act. If a sufficient petition is filed under section 5 of this act, a ballot proposition authorizing the proposed annexation shall be submitted to the voters residing in that area for their approval or rejection. If the annexation is approved by voters, the annexation shall be effective when the results of the election are certified.

All property within the ((~~territory hereafter~~)) area that is annexed shall, if the annexation petition so provided, be assessed and taxed at the same rate and on the same basis as the property of such annexing city or town is assessed and taxed to pay for all or of any portion of the then outstanding indebtedness of the city or town to which said area is annexed, approved by the voters, contracted, or incurred prior to, or existing at, the date of annexation. If the annexation petition so provided, all property in the annexed area shall be subject to and a part of the comprehensive plan as prepared and filed as provided for in RCW 35.13.177 and 35.13.178.

NEW SECTION. Sec. 5. A new section is added to chapter 35.13 RCW to read as follows:

A ballot proposition authorizing an annexation of the area, with a population equal to or greater than the greater of either five percent of the population of the city or town prior to the annexation or one hundred persons, that is proposed to be annexed under the direct property owner petition method of annexation shall be submitted to the voters residing in the area proposed to be annexed for their approval or rejection, if a petition calling for the submission of such a ballot proposition is filed with the legislative body of the city or town. The petition must be signed by at least ten percent of the registered voters residing in the area to be annexed and must be filed within forty-five days after the passage of the annexation ordinance under RCW 35.13.140, not including the day the ordinance was adopted.

The legislative body shall immediately transfer the petition to the county auditor of the county in which all or the major portion of the area to be annexed is located. Within ten days of receiving the petition, the county auditor shall review the petition and certify if the petition contains sufficient valid signatures. If the area proposed to be annexed is located in more than one county, the auditor of the county in which the major portion of the area to be annexed is located shall be the lead auditor who shall immediately transfer a copy of the petition to the auditor of each other county in which the area is located. Within ten days after the lead auditor received the petition, the auditor of each of these other counties shall certify to the lead auditor the number of registered voters residing in the portion of the area in that county and the number of valid signatures on the petition of such registered voters. The lead auditor shall certify the sufficiency of the petition after receiving this information.

If the auditor certified that the petition contains sufficient valid signatures, a ballot proposition authorizing the annexation shall be submitted to the voters residing in the area proposed for annexation at a special election called for that purpose at the next special election date specified under RCW 29.13.020 occurring at least forty-five days after the petition is certified as having sufficient valid signatures.

If the legislative body of the city or town requires that all or a portion of the city or town's indebtedness be assumed by the property proposed to be annexed, the legislative body shall specify whether a single ballot proposition authorizing both the annexation and assumption of indebtedness, or separate ballot propositions authorizing the annexation and assumption of indebtedness, shall be submitted to the voters for their approval or rejection. The vote or votes required to approve a ballot proposition authorizing only the annexation, a ballot proposition authorizing both the annexation and assumption of indebtedness, and a ballot proposition authorizing only the assumption of indebtedness shall be as provided in RCW 35.13.090 and 35.13.095.

Sec. 6. RCW 35A.14.120 and 1989 c 351 s 6 are each amended to read as follows:

(1) Proceedings for initiating annexation of unincorporated territory contiguous to a ((~~charter code city or noncharter~~)) code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed, in the following manner. This method of annexation shall be alternative to other methods provided in this chapter.

Prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings. If the area proposed to be annexed includes only tax exempt property, including property owned by a school district, the owners of at least a majority of the acreage in the area may notify the legislative body of the city of their intention to commence annexation proceedings.

The legislative body shall set a date, not later than sixty days after the filing of the request, for a meeting with the initiating parties to determine whether the code city will accept, reject, or geographically modify and accept the proposed annexation, whether it shall require the simultaneous adoption of a proposed zoning regulation, if such a proposal has been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340, and whether it shall require the assumption of all or ((~~of any~~)) a portion of existing city indebtedness by the area to be annexed. If the legislative body requires the assumption of either all or ((~~of any~~)) a portion of the city's indebtedness ((~~and/or~~)) or the adoption of a proposed zoning regulation, or both, it shall record this action in its minutes and the petition for annexation shall be so drawn as to clearly indicate these facts. Approval by the legislative body shall be a condition precedent to circulation of the petition.

There shall be no appeal from the decision of the legislative body.

A petition for annexation of an unincorporated area contiguous to a code city may be filed with the legislative body of the ((~~municipality~~)) city to which annexation is desired. ((It)) The petition must be signed by the owners, as defined by RCW 35A.01.040(9) (a) through (d), of not less than sixty percent in value, according to the assessed valuation for general taxation of the property for which annexation is petitioned((~~: PROVIDED, That~~)). However, a petition for annexation of an area having at least eighty percent of ((~~the~~)) its boundaries ((~~of such area~~)) contiguous with a portion of the boundaries of the code city((~~, not including that portion of the boundary of the area proposed to be annexed that is coterminous with a portion of the boundary between two counties in this state,~~)) need be signed by only the owners of not less than fifty percent in value according to the assessed valuation for general taxation of the property for which the annexation is petitioned. ((~~Such~~)) If only tax exempt property, including property owned by a school district, is proposed to be annexed to the code city, the owner or owners of tax exempt property may sign an annexation petition.

An annexation petition shall set forth a description of the property according to government legal subdivisions or legal plats and shall be accompanied by a map which outlines the boundaries of the property sought to be annexed. If the legislative body has required the assumption of all or ((~~any~~)) a portion of the city's indebtedness by the area annexed or the adoption of a proposed zoning regulation, or both, these facts, together with a quotation of the minute entry of ((~~such~~)) the requirement, or requirements, shall also be set forth in the petition.

(2) However, if the population of the area proposed to be annexed under this section is equal to or greater than the greater of five percent of the population of the code city prior to the annexation or one hundred persons, an annexation under this section is subject to potential approval by the voters residing in the area proposed to be annexed, as provided in RCW 35A.14.140, 35A.14.150, and section 9 of this act.

Sec. 7. RCW 35A.14.140 and 1986 c 234 s 31 are each amended to read as follows:

Following the hearing, if the legislative body determines to effect the annexation, ((~~they~~)) it shall do so by ordinance. Subject to RCW 35.02.170, the ordinance may annex all or any portion of the proposed area but may not include in the annexation any property not described in the petition. Upon passage of the annexation ordinance a certified copy shall be filed with the ((~~board of county commissioners~~)) county legislative authority of the county in which the annexed property is located.

However, if the area proposed to be annexed has a population equal to or greater than the greater of either five percent of the code city's population prior to the annexation or one hundred persons, the proposed annexation is subject to a potential approval by voters residing in the area proposed to be annexed and a notice of the adoption of the annexation ordinance shall be published by the city in a newspaper of general circulation in the area to be annexed at least once each week for two weeks after the adoption of the ordinance, with the first notice being published within twelve days after the ordinance was adopted. The notice shall describe the area to be annexed and the process under section 9 of this act by which a petition may be filed causing a ballot proposition authorizing the annexation to be submitted to voters residing in the area to be annexed for their approval or rejection. If the legislative body requires the assumption of either all or a portion of the city's indebtedness, or the adoption of a proposed zoning regulation, or both, the notice shall describe these facts.

Sec. 8. RCW 35A.14.150 and 1979 ex.s. c 124 s 9 are each amended to read as follows:

Upon the date fixed in the ordinance of annexation the area annexed shall become part of the city, if the area has a population less than the greater of either five percent of the population of the city prior to the annexation or one hundred persons.

If the area proposed to be annexed has a population equal to or greater than the greater of either five percent of the population of the city prior to the annexation or one hundred persons, the area proposed to be annexed shall become part of the city at the date specified in the annexation ordinance, which must be at least forty-five days after the date of the adoption of the annexation ordinance, not including the day the ordinance was adopted, unless a sufficient petition was timely filed, as provided under section 9 of this act. If a sufficient petition is filed under section 9 of this act, a ballot proposition authorizing the proposed annexation shall be submitted to the voters residing in that area for their approval or rejection. If the annexation is approved by voters, the annexation shall be effective when the results of the election are certified.

All property within the ((~~territory hereafter~~)) area that is annexed shall, if the annexation petition so provided, be assessed and taxed at the same rate and on the same basis as the property of such annexing code city is assessed and taxed to pay for the portion of any then-outstanding indebtedness of the city to which said area is annexed, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the date of annexation and that the city has required to be assumed. If the annexation petition so provided, all property in the annexed area shall be subject to and a part of the proposed zoning regulation as prepared and filed as provided for in RCW 35A.14.330 and 35A.14.340.

NEW SECTION. Sec. 9. A new section is added to chapter 35A.14 RCW to read as follows:

A ballot proposition authorizing the annexation of an area, with a population equal to or greater than the greater of either five percent of the population of the city prior to the annexation or one hundred persons, that is proposed to be annexed under the direct property owner petition method of annexation shall be submitted to the voters residing in the area proposed to be annexed for their approval or rejection, if a petition calling for the submission of such a ballot proposition is filed with the legislative body of the city. The petition must be signed by at least ten percent of the registered voters residing in the area to be annexed and must be filed within forty-five days after the passage of the annexation ordinance under RCW 35A.14.140, not including the day the ordinance was adopted.

If the auditor certifies that the petition contains sufficient valid signatures, a ballot proposition authorizing the annexation shall be submitted to the voters residing in the area proposed for annexation at a special election called for that purpose at the next special election date specified under RCW 29.13.020 occurring at least forty-five days after the petition is certified as having sufficient valid signatures.

If the legislative body of the code city requires that all or a portion of the city's indebtedness be assumed by the property proposed to be annexed, the legislative body shall specify whether a single ballot proposition authorizing both the annexation and assumption of indebtedness, or separate ballot propositions authorizing the annexation and assumption of indebtedness, shall be submitted to the voters for their approval or rejection. The vote or votes required to approve a ballot proposition authorizing only the annexation, a ballot proposition authorizing both the annexation and assumption of indebtedness, and a ballot proposition authorizing only the assumption of indebtedness shall be as provided in RCW 35A.14.080 and 35A.14.090.

NEW SECTION. Sec. 10. RCW 28A.335.110 and 1971 c 69 s 3 are each repealed.