H-2298.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1873
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By House Committee on Government Administration (originally sponsored by Representatives Boldt, Dunn and Mulliken)
Read first time 02/28/97.
AN ACT Relating to city and town annexations under the direct property owner petition method of annexation; amending RCW 35.13.125, 35.13.130, 35.13.140, 35.13.150, 35.13.160, 35A.14.120, 35A.14.130, 35A.14.140, and 35A.14.150; adding a new section to chapter 35.13 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)) a city or town to annex unincorporated
territory ((pursuant to)) contiguous to the city or town, using the
procedure specified under RCW 35.13.130((, 35.13.140, 35.13.150,
35.13.160 and)) through 35.13.170 ((shall be commenced)),
may commence as provided in this section.
Prior
to ((the circulation of a)) circulating an annexation petition ((for
annexation)), the initiating party or parties ((who, except as provided
in RCW 28A.335.110,)) shall file a written notice with the legislative
body of the city or town indicating their interest in annexing property to the
city or town and indicating whether any registered voter lives within the area
proposed to be annexed. The written notice must be ((either not less
than ten percent of the residents of the area to be annexed or)) signed
by the owners of real property in the area proposed to be annexed
comprising not less than ten percent ((in value, according to)) of
the total assessed valuation ((for general taxation of the property
for which annexation is petitioned, shall notify the legislative body of the
city or town in writing of their intention to commence annexation proceedings))
of all real property in the area proposed to be annexed. If the area
proposed to be annexed only includes tax exempt property, including property
owned by a school district, the owners of the tax exempt property may sign and
file the written notice with the legislative body.
The
legislative body of the city or town shall set a date, not later than
sixty days after the filing of the ((request)) notice, for a
meeting with the initiating parties to determine: (1) Whether the city
or town will accept, reject, or geographically modify the proposed annexation((,));
(2) whether it shall require the simultaneous adoption of the comprehensive
plan, if such a comprehensive plan for the area proposed to be
annexed has been prepared and filed ((for the area to be annexed as
provided for in)) under RCW 35.13.177 and 35.13.178((,));
and (3) whether it shall require the ((assumption of)) area to
assume all or ((of)) any portion of existing city or town
indebtedness ((by the area to be annexed. If the legislative body requires
the assumption of all or of any portion of indebtedness and/or the adoption of
a comprehensive plan, it shall record this action in its minutes and the
petition for annexation shall be so drawn as to clearly indicate this fact)).
Approval by the legislative body shall be a condition precedent to circulation of the annexation 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:
A written
petition ((for annexation of an)) to annex 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 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,)) city or town to which annexation is
desired. The petition must be signed by the owner or owners of real
property located within the area proposed to be annexed comprising not less
than seventy-five percent ((in value according to)) of the total
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,))
of all real property in the area proposed to be annexed. If the area
proposed to be annexed only includes tax exempt property, including property
owned by a school district, the owner or owners of the tax
exempt property may sign ((an)) the 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
annexation petition shall ((set forth a description of)) describe
the property ((according to)) proposed to be annexed using
government legal subdivisions or legal plats ((which is in compliance with
RCW 35.02.170,)) and shall be accompanied by a ((plat which outlines))
map outlining the boundaries of the property sought to be annexed. If
the legislative body has required ((the assumption of)) all or ((of))
any portion of city or town indebtedness to be assumed by the area proposed
to be annexed, ((and/or)) or the adoption of a comprehensive
plan for the area to be annexed, these facts((, together with a quotation of
the minute entry of such requirement or requirements)) shall be set forth
in the annexation petition.
Sec. 3. RCW 35.13.140 and 1965 c 7 s 35.13.140 are each amended to read as follows:
Whenever
such a petition for annexation is filed with the legislative body of
the city or town ((council, or commission in those cities having a
commission form of government, which)) that meets the requirements
((herein)) specified((, of which fact satisfactory proof may be
required by the council or commission)) under RCW 35.13.125 and
35.13.130, and is sufficient according to the rules set forth in RCW 35.21.005,
the ((council or commission)) legislative body may ((entertain
the same, fix a date for)) consider the proposed annexation by holding
a public hearing ((thereon and cause)) on the proposal. Notice
of the public hearing ((to)) shall be published in one or
more issues of a newspaper of general circulation in the city or
town((. The notice)) and shall also be posted in three public
places within the ((territory proposed for annexation, and)) area
proposed to be annexed. Notices shall specify the date, time,
and place of the public hearing and invite interested persons to appear
and voice approval or disapproval of the annexation. The expense of
publication and posting of the notice shall be borne by the signers of the
petition.
Sec. 4. RCW 35.13.150 and 1975 1st ex.s. c 220 s 9 are each amended to read as follows:
Following
the public hearing, the ((council or commission shall determine by))
legislative body may adopt an ordinance ((whether annexation shall))
providing for the annexation if it determines the annexation should be
made. Subject to boundary restrictions provided under 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)) If the legislative body adopts an
ordinance to annex all or a portion of the area, it shall file a
certified copy ((shall be filed)) of the ordinance with the ((board
of county commissioners)) county legislative authority of the county
in which the annexed property is located. If a boundary review board exists
in the county in which the area proposed to be annexed is located, the
legislative body shall also file a notice of the proposed annexation with that
boundary review board as provided under RCW 36.93.090.
Sec. 5. RCW 35.13.160 and 1973 1st ex.s. c 164 s 13 are each amended to read as follows:
(1)
Unless the jurisdiction of the boundary review board has been invoked, the area
described in the ordinance shall become part of the city or town effective upon
the date fixed for the annexation in the annexation ordinance ((of
annexation the area annexed shall become part of the city or town)). However,
if the area proposed to be annexed has a population of at least five percent of
the city's or town's population prior to the annexation or one hundred persons,
whichever is greater, the city or town shall publish a notice of the proposed
annexation and proposed annexation is subject to potential voter approval, as
provided under section 6 of this act.
(2) If the boundary review board approves the annexation as submitted, the area described in the ordinance shall become part of the city or town effective upon the date fixed for the annexation in an ordinance adopted by the legislative body. However, if the area proposed to be annexed has a population of at least five percent of the city's or town's population prior to the annexation or one hundred persons, whichever is greater, the city or town shall publish a notice of the proposed annexation and proposed annexation is subject to potential voter approval, as provided under section 6 of this act.
If the boundary review board modifies and approves the annexation, the area so altered shall become part of the city or town, upon the date fixed for the modified annexation in a subsequent ordinance adopted by the legislative body approving the modified annexation if no registered voter resides in the area. However, if the area proposed to be annexed has a population of at least five percent of the city's or town's population prior to the annexation or one hundred persons, whichever is greater, the city or town shall publish a notice of the proposed annexation and proposed annexation is subject to potential voter approval, as provided under section 6 of this act.
(3)
If the annexation occurs and the annexation petition so provided, 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)) the
area is annexed, which indebtedness was approved by ((the)) city
or town 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. 6. A new section is added to chapter 35.13 RCW to read as follows:
(1) A notice of the proposed annexation shall be published in a newspaper of general circulation in the area proposed to be annexed if the area proposed to be annexed under the direct property owner petition method of annexation has a population of at least five percent of the city's or town's population prior to the annexation or one hundred persons, whichever is greater. The notice shall be published after all procedural steps have been taken to annex the property, as described under RCW 35.13.160 or 35A.14.150, and shall describe the area proposed to be annexed and describe the process under this section how voters residing in the area proposed to be annexed may file a petition subjecting the annexation to voter approval.
(2) A ballot proposition authorizing an annexation of the area described under subsection (1) of this section shall be submitted to voters residing in the area 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 publication of the notice under subsection (1) of this section.
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 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 afer 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 annexation is authorized if the ballot proposition that only provides for the annexation of the area is approved by a simple majority vote of voters voting on the proposition. However, the assumption of indebtedness or both the annexation and assumption of indebtedness is authorized if the ballot proposition providing for the assumption of indebtedness, or both the annexation and assumption of indebtedness, is approved by at least sixty percent of the voters voting on the petition and the total number of voters voting on the proposition is equal to at least forty percent of the number of voters in the area who voted at the last preceding general election.
Sec. 7. RCW 35A.14.120 and 1989 c 351 s 6 are each amended to read as follows:
(1)
Proceedings for ((initiating annexation of)) a code city to annex
unincorporated territory contiguous to ((a charter code city or
noncharter)) the code city may be commenced by the filing of a
petition ((of)) with the legislative body of the code city that is
signed by property owners ((of the territory proposed to be annexed, in
the following manner)) as provided in this section. This method of
annexation shall be alternative to other methods provided in this chapter.
(2)
Prior to ((the circulation of a)) circulating an annexation
petition ((for annexation)), the initiating party or parties((, who
shall be)) shall file a written notice with the legislative body of the
code city indicating their interest in annexing property to the city and
indicating whether any registered voter resides in the area. The written
notice must be signed by the owners of real property in the area
proposed to be annexed comprising not less than ten percent ((in value,
according to)) of the total 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)) of all real property in the area proposed to be
annexed. If the area proposed to be annexed only includes tax exempt property,
including property owned by a school district, the owners of the tax exempt
property may file the written notice with the legislative body.
The
legislative body of the code city shall set a date, not later than sixty
days after the filing of the ((request)) notice, for a meeting
with the initiating parties to determine: (a) Whether the code city
will accept, reject, or geographically modify the proposed annexation((,));
(b) whether it shall require the simultaneous adoption of a proposed zoning
regulation, if such a proposal has been prepared and filed for the area proposed
to be annexed as provided for in RCW 35A.14.330 and 35A.14.340((,));
and (c) whether it shall require the ((assumption of)) area to
assume all or ((of)) any portion of existing city indebtedness ((by
the area to be annexed. If the legislative body requires the assumption of all
or of any portion of indebtedness and/or the adoption of a proposed zoning
regulation, 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 annexation petition. There shall be no appeal from the decision of the legislative body.
(3)
A written petition ((for annexation of)) to annex an unincorporated
area contiguous to a code city, that was approved for annexation under
subsection (2) of this section, may be filed with the legislative body of
the ((municipality)) code city to which annexation is desired.
((It)) The petition must be signed by the owner or owners,
as defined by RCW 35A.01.040(9) (a) through (d), of real property located
within the area proposed to be annexed comprising not less than sixty
percent ((in value, according to)) of the total assessed
valuation ((for general taxation of the property for which annexation is
petitioned: PROVIDED, That)) of all real property in the area proposed
to be annexed. If the area proposed to be annexed only includes tax exempt
property, including property owned by a school district, the owner or owners of
the tax exempt property may sign the annexation petition.
However,
a petition ((for annexation of)) to annex an area ((having)),
with boundaries that are at least eighty percent ((of the 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 only be signed by ((only)) the owner or
owners of real property located within the area proposed to be annexed
comprising not less than fifty percent ((in value according to the
assessed valuation for general taxation)) of all the real
property ((for which the annexation is petitioned)) in that area.
Any portion of the boundary of such an area that is coterminous with the
boundaries of two counties in this state shall not be included in determining
whether at least eighty percent of the boundaries of the area proposed to be
annexed are contiguous with a portion of the code city's boundaries.
((Such)) The annexation petition shall ((set forth
a description of the property according to)) describe the property
proposed to be annexed using government legal subdivisions or legal plats
and shall be accompanied by a map ((which outlines)) outlining
the boundaries of the property ((sought)) proposed to be
annexed. If the legislative body has required ((the assumption of)) all
or any portion of city indebtedness to be assumed by the area proposed
to be annexed or the adoption of a proposed zoning regulation for the
area to be annexed, these facts((, together with a quotation of the
minute entry of such requirement, or requirements,)) shall also be set
forth in the annexation petition.
Sec. 8. RCW 35A.14.130 and 1967 ex.s. c 119 s 35A.14.130 are each amended to read as follows:
Whenever
such a petition for annexation is filed with the legislative body of a code
city((, which petition)) that meets the requirements ((herein))
specified under RCW 35A.14.120, and is sufficient according to the rules
set forth in RCW 35A.01.040, the legislative body may ((entertain the same,
fix a date for)) consider the proposed annexation by holding a
public hearing ((thereon and cause)) on the proposal. Notice of
the public hearing ((to)) shall be published in one or
more issues of a newspaper of general circulation in the code city((.
The notice)) and shall also be posted in three public places within
the ((territory proposed for annexation, and)) area proposed to be
annexed. Notices shall specify the date, time, and place of the
public hearing and invite interested persons to appear and voice approval
or disapproval of the annexation. The expense of publication and posting
shall be borne by the signers of the petition.
Sec. 9. RCW 35A.14.140 and 1986 c 234 s 31 are each amended to read as follows:
Following
the public hearing, ((if)) the legislative body may adopt an
ordinance providing for the annexation if it determines ((to effect))
the annexation((, they shall do so by ordinance)) should be made.
Subject to boundary restrictions provided under 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)) If the legislative body
adopts an ordinance to annex all or a portion of the area, it shall file
a certified copy ((shall be filed)) of the ordinance with the ((board
of county commissioners)) county legislative authority of the county
in which the annexed property is located. If a boundary review board exists
in the county in which the area proposed to be annexed is located, the
legislative body shall also file a notice of the proposed annexation with that
boundary review board as provided under RCW 36.93.090.
Sec. 10. RCW 35A.14.150 and 1979 ex.s. c 124 s 9 are each amended to read as follows:
(1)
Unless the jurisdiction of the boundary review board has been invoked, the area
described in the ordinance shall become part of the code city effective upon
the date fixed for the annexation in the annexation ordinance ((of
annexation the area annexed shall become part of the city)). However,
if the area proposed to be annexed has a population of at least five percent of
the code city's population prior to the annexation or one hundred persons,
whichever is greater, the city shall publish a notice of the proposed
annexation and proposed annexation is subject to potential voter approval, as
provided under section 6 of this act.
(2) If the boundary review board approves the annexation as submitted, the area described in the ordinance shall become part of the code city effective upon the date fixed for the annexation in an ordinance adopted by the legislative body. However, if the area proposed to be annexed has a population of at least five percent of the code city's population prior to the annexation or one hundred persons, whichever is greater, the city shall publish a notice of the proposed annexation and proposed annexation is subject to potential voter approval, as provided under section 6 of this act.
If the boundary review board modifies and approves the annexation, the area so altered shall become part of the code city upon the date fixed for the modified annexation in a subsequent ordinance adopted by the legislative body approving the modified annexation if no registered voter resides in the area. However, if the area proposed to be annexed has a population of at least five percent of the code city's population prior to the annexation or one hundred persons, whichever is greater, the city shall publish a notice of the proposed annexation and proposed annexation is subject to potential voter approval, as provided under section 6 of this act.
(3)
If the annexation occurs and the annexation petition so provided, 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 code city to which ((said)) the area
is annexed, which indebtedness ((has been)) was approved by ((the))
code city 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. 11. RCW 28A.335.110 and 1971 c 69 s 3 are each repealed.
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