BP BHEAD INT H [atlas:bill]

AN ACT Relating to the creation of Freedom county, subject to the requirements of the state Constitution and statutes in respect to the establishment of new counties; amending RCW 36.04.310 and 36.04.040; adding a new section to chapter 36.04 RCW; creating new sections; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 36.04 RCW to read as follows:

Freedom county shall consist of the territory bounded as follows, to wit: Commencing at the southwest corner of Skagit county; thence east along the eighth standard parallel to the summit of the Cascade mountains; thence southerly along the summit of the Cascade mountains to its intersection with the township line between townships twenty-nine and thirty north; thence west along this township line between townships twenty-nine and thirty to its intersection with the centerline of state highway No. 9; thence northerly along this centerline of state highway No. 9 to its intersection with the township line between townships thirty and thirty-one north; thence west on this township line between townships thirty and thirty-one north to its intersection with the main channel of Port Susan; thence northerly up this main channel of Port Susan to the mouth of the Stillaguamish river; thence northwesterly through the channel of the slough at the head of Camano Island, known as Davis Slough; thence northerly to the place of beginning.

Sec. 2. RCW 36.04.310 and 1877 p 426 s 3 are each amended to read as follows:

Snohomish county shall consist of the territory bounded as follows, to wit: Commencing at the ((~~southwest corner of Skagit county; thence east along the eighth standard parallel~~)) intersection of the main channel of Port Susan and the township line of townships twenty-nine and thirty north of the Willamette Meridian; thence east along this township line between townships twenty-nine and thirty north to its intersection with the centerline of state highway No. 9; thence southerly along this centerline of state highway No. 9 to its intersection with the township line between townships twenty-nine and thirty north; thence east along this township line between townships twenty-nine and thirty to the summit of the Cascade mountains; thence southerly along the summit of the Cascade mountains to the northeast corner of King county, it being a point ((~~due east of the northeast corner of township twenty-six north, range four east~~)) on the township line between township twenty-six north and township twenty-seven north, said point lying near the north quarter-corner of section three, township twenty-six north, range thirteen east of the Willamette Meridian; thence due west along ((~~the north boundary of King county~~)) this township line between township twenty-six north and twenty-seven north to Puget Sound; thence northerly along the channel of Puget Sound and Possession Sound to the entrance of Port Susan, including Gedney Island; thence northerly up the main channel of Port Susan to the ((~~mouth of the Stillaguamish river; thence northwesterly through the channel of the slough at the head of Camano Island, known as Davis Slough; thence northerly to the~~)) place of beginning.

Sec. 3. RCW 36.04.040 and 1899 c 95 s 1 are each amended to read as follows:

Chelan county shall consist of the territory bounded as follows, to wit: Beginning at the point of intersection of the middle of the main channel of the Columbia river with the fifth standard parallel north, thence running west along said fifth standard parallel north to the point where said fifth standard parallel north intersects the summit of the main divide between the waters flowing northerly and easterly into the Wenatchee and Columbia rivers, and the waters flowing southerly and westerly into the Yakima river, thence in a general northwesterly direction along the summit of said main divide between the waters flowing northerly and easterly into the Wenatchee and Columbia rivers and the waters flowing southerly and westerly into the Yakima river, following the course of the center of the summit of the watershed dividing the said respective waters, to the center of the summit of the Cascade mountains, at the eastern boundary line of King county; thence north along the east boundary lines of King, Snohomish, Freedom, and Skagit counties to the point upon the said east boundary of Skagit county, where said boundary is intersected by the watershed between the waters flowing northerly and easterly into the Methow river and the waters flowing southerly and westerly into Lake Chelan, thence in a general southeasterly direction along the summit of the main divide between the waters flowing northerly and easterly into the Methow river and the waters flowing westerly and southerly into Lake Chelan and its tributaries; following the course of the center of the summit of the watershed dividing said respective waters, to the point where the seventh standard parallel north intersects said center of the summit of said watershed; thence east along the said seventh standard parallel north to the point of intersection of the middle of the main channel of the Columbia river with said seventh standard parallel north; thence down the middle of the main channel of the Columbia river to the point of beginning.

NEW SECTION. Sec. 4. (1) Freedom county shall be liable for and shall pay to Snohomish county its proportion of the indebtedness of Snohomish county, existing at the time of the adoption of this act, and be entitled to its proportion of allowance for its proportion of the value of the property and assets owned by Snohomish county at that time. To forego undue financial hardship to either county, after the final tabulations have been made concerning the amount owed by Freedom county for Freedom county's portion of the debt of Snohomish county and the amount owed by Snohomish county to Freedom county for Freedom county's portion of the property or assets of Snohomish county, a payment plan of not longer than three years may be approved for the remaining balance after the down payment. Upon the organization of Freedom county and the appointment and induction into office of its auditor, such auditor shall give notice to the auditor of Snohomish county that at some certain date not less than ten days after the giving of such notice, the Freedom county auditor will meet with the auditor of Snohomish county at the county seat of Snohomish county, to settle the accounts between the two counties. In the accounting between the two auditors, Freedom county shall be held liable for a proportion of the indebtedness of Snohomish county based upon the proportion which the assessed valuation of the property lying within Freedom county bears to the assessed valuation of the property lying within the whole of Snohomish county prior to the creation of Freedom county, as determined by the assessment rolls for the year 1996, or the closest assessment thereto: PROVIDED, HOWEVER, That neither county shall be charged with any part of any debt or liability incurred in the purchase of any county property or in the purchase or construction of any county property or in the purchase or construction of any county building or in the construction of roads or bridges which shall be and remain after the division is made within the limits of the other county.

In the event of disagreement between the auditors of the two counties, or in the event of failure or refusal of either of the auditors to act, an action may be brought by either county in the superior court of the state of Washington for Chelan county to determine the account, such action to be governed by the rules of law affecting other civil actions.

(2) The procedures provided in chapter 36.09 RCW shall not apply to this settlement.

NEW SECTION. Sec. 5. The property taxes levied before the creation of Freedom county shall be collected by the officers of Snohomish county, but Freedom county shall be entitled to receive and Snohomish county will pay to Freedom county, the amount of real property taxes theretofore imposed and not collected upon the property falling within the boundaries of Freedom county. Snohomish county shall have and retain all personal property taxes on the tax rolls, without regard to which county such property may be in after division, as compensation for the cost of collecting of all the taxes.

NEW SECTION. Sec. 6. The location of the county seat of Freedom county shall be determined by the voters of Freedom county at the general election of 1997. Any city or town within Freedom county may become a contestant for the county seat of Freedom county, that shall have filed or caused to be filed with the county auditor of Freedom county, not less than thirty days prior to the time when the auditor is required by law to have ballots prepared for the general election. The name of any city or town in Freedom county shall be placed on that ballot to be chosen as the county seat if a petition proposing the city or town is submitted that has been signed by not less than one hundred registered voters of Freedom county. The county auditor, in preparing the ballots, shall place thereon, under appropriate head, in alphabetical order, the names of the cities or towns that shall have filed such petitions, with a square opposite each name, in which the voters shall indicate by a cross made therein, their choice for the county seat, and the city or town receiving a plurality of the votes cast at the election, shall be and remain the county seat of Freedom county, until removed, as provided by law. Until the location of the county seat is determined, as herein provided, the seat of county government shall be at Arlington, from which place the business of the county shall be carried on until the location of the county seat is established.

NEW SECTION. Sec. 7. The governor shall immediately, upon the effective date of this act, appoint two registered voters of the proposed county of Freedom, from a list of five submitted by the Freedom county steering committee, as two of the three county commissioners of Freedom county. Those two shall choose one of the remaining three names, who shall be and constitute the first board of county commissioners of the county of Freedom and shall hold office until their successors are qualified and assume office on January 1, 1998, after being elected at the 1997 general election.

NEW SECTION. Sec. 8. Such commissioners shall divide their county into precincts and three county commissioner districts and shall create one or more road districts, making only such changes as are rendered necessary by the altered condition of the boundaries occasioned by the separation from the original county.

NEW SECTION. Sec. 9. In all precincts which retain their own boundaries, the present officers thereof shall retain their respective offices in and for such new county until their respective term of office shall expire, or until their successors are elected and qualified or appointed, and shall give bonds to Freedom county in the same amount and in the same manner as had previously been given to the original county.

NEW SECTION. Sec. 10. Except as provided in section 9 of this act, the board of county commissioners of Freedom county shall be authorized and required to appoint all of the county officers of the county and the officers so appointed shall commence to hold their office immediately upon their appointment and qualification according to law, and shall hold their offices until their successors are qualified and assume office on January 1, 1998, after being elected at the 1997 general election.

NEW SECTION. Sec. 11. Until otherwise provided by law, Freedom county shall be and is hereby attached to the district composed of Snohomish county for judicial purposes.

NEW SECTION. Sec. 12. The board of county commissioners at a regular meeting held within one year from the time they shall qualify as commissioners of the county of Freedom, by an order fully entered in the minutes of their proceedings, shall divide Freedom county into three commissioner districts in the manner provided by law and shall designate the boundaries thereof, and at the next general election in said county there shall be elected three commissioners, one for each of said districts; the commissioner from district number one to be elected for four years and the commissioners for district number two and three for two years.

NEW SECTION. Sec. 13. Legislative districts shall remain in effect until redistricted.

NEW SECTION. Sec. 14. Until the county of Freedom is organized by the appointment and qualification of its officers, the jurisdiction of the present officers of Snohomish county shall remain in full force and effect in those portions of the territory constituting the said county of Freedom.

NEW SECTION. Sec. 15. Within such time as they shall be transcribed after this act shall have become effective, the county auditor of Snohomish county shall certify from the records of Snohomish county all records and all papers and documents on file anywise affecting the title of any estate of property, real or personal, situated within Freedom county, and the county commissioners of Freedom county, shall provide at the expense of the county, proper and suitable record books, to which the said records shall be transcribed and shall transcribe said records as hereinafter provided in legible writing, and said record books and papers shall be delivered to the auditor of Freedom county, and said records, documents, and computer records shall be accepted and received as evidence in all courts and places as if the same had originally been recorded or filed in the office of the auditor of Freedom county.

NEW SECTION. Sec. 16. All actions and proceedings which shall be pending in the superior court of Snohomish county at the effective date of this act, affecting the title or possession of real estate in Freedom county, or in which all the parties are residents of Freedom county, shall be transferred to the superior court of Freedom county, and all further proceedings had therein shall be in Freedom county, the same as if originally commenced in that county. All other proceedings civil or criminal now pending in the superior court of Snohomish county shall be prosecuted to the termination thereof in said county and court.

NEW SECTION. Sec. 17. All pleadings, process, documents, and files in the office of the county clerk of Snohomish county affecting pending suits and proceedings shall be transferred as provided in the preceding section, and all records therein transcribed as Snohomish county, and transmitted to the county clerk of Freedom county after said clerk shall have entered upon the duties of said office.

NEW SECTION. Sec. 18. All records, documents, and papers of record, on file in the office of the county clerk, county auditor, and all other officers of Snohomish county, in anywise affecting the title or possession of real estate or other property in Freedom county and required to be transcribed shall be transcribed and transmitted to the county clerk, county auditor, or other officer of Freedom county by such person or persons as may be employed by the county of Freedom for such purpose under the certificate of the county clerk, county auditor, and other officers of Snohomish county, and the said record and documents when so transcribed and transferred shall be received as evidence in all courts and places as originally recorded and filed in the county of Freedom.

NEW SECTION. Sec. 19. All records of Snohomish county required by this act to be transcribed shall be transcribed by the person to be employed by the county commissioners of Freedom county, as follows, to wit: Said transcribing shall be done by a person or persons under contract, who shall receive said contract after bids for said work shall have been advertised and the contract given to the best bidder. All records so transcribed shall be certified by the officer of the respective offices from which said records shall be transcribed, under the seal of the office, in the manner following, to wit: Each book of transcribed records shall be certified to be a correct transcript of the records of Snohomish county contained therein, and each officer so certifying shall finally certify to the completeness of all records as transcribed from his or her office. All expense incurred by the county of Snohomish in comparing and certifying the records required to be transcribed under the provisions of this act shall be borne by the county of Freedom. All original volumes of all records of the assessment rolls of Snohomish county which include only property in the territory comprising the new county of Freedom shall be transmitted to the county of Freedom.

NEW SECTION. Sec. 20. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997.