H-4357.1 _______________________________________________
HOUSE BILL 2886
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Representative Mulliken
Read first time 01/21/98. Referred to Committee on Government Administration.
AN ACT Relating to annexation by direct petition; and amending RCW 35.13.125, 35.13.130, and 35A.14.120.
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 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 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)) property owners 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)), shall notify the legislative body of
the city or town in writing 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 the proposed annexation, whether it shall require the simultaneous
adoption of the comprehensive plan if such 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 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. 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 area contiguous to a city or town 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, the petition must
be signed by ((the owners of)) not less than seventy-five percent ((in
value according to the assessed valuation for general taxation)) of the
property owners 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, the owner 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 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 which
outlines 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 by the area annexed, and/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 petition.
(2) Any development agreement or other agreement by a property owner not to oppose annexation shall have no application and shall be unenforcible as to any annexation initiated under this section and RCW 35.13.125.
(3) For the purposes of this section and RCW 35.13.125, "property owner" has the meaning given in RCW 35A.01.040(9) (a), (b), (c), and (e); and the signature of each property owner shall have equal weight with regard to the value of the property.
Sec. 3. 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 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)) of
the property owners of the area to be annexed, shall notify the legislative
body of the code city in writing 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
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 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 petition. There shall be no appeal from the
decision of the legislative body.
(2)
A petition for annexation of an area contiguous to a code city may be filed
with the legislative body of the municipality to which annexation is desired.
It 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 owners
of the property for which annexation is petitioned: PROVIDED, That a petition
for annexation of an area having 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 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 owners of the property for which the annexation is
petitioned. Such 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
portion of city indebtedness by the area annexed or the adoption of a proposed
zoning regulation, these facts, together with a quotation of the minute entry
of such requirement, or requirements, shall also be set forth in the petition.
(3) Any development agreement or other agreement by a property owner not to oppose annexation shall have no application and shall be unenforcible as to any annexation initiated under this section.
(4) For the purposes of this section, "property owner" has the meaning given in RCW 35A.01.040(9) (a), (b), (c), and (e); and the signature of each property owner shall have equal weight with regard to the value of the property.
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