AN
ACT Relating to clarifying and harmonizing provisions affecting cities and
towns; amending RCW 19.16.500, 39.30.010, 35.27.070, 35.07.040, 9.41.050,
35A.12.010, 35.27.080, 35.01.020, 35.01.040, 35.02.130, 35.22.010, 35.23.051,
35.33.020, 35.34.020, 35.86.010, 35A.06.020, 35.13.005, 35A.14.005, 35.13.180,
and 36.70A.110; adding a new section to chapter 35.23 RCW; recodifying RCW
35.21.620; repealing RCW 35.07.030, 35.17.160, 35.23.390, 35.23.400, 35.21.600,
35.21.610, and 35A.61.010; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
*Sec.
1.
RCW 19.16.500 and 1982 c 65 s 1 are each amended to read as follows:
(1)
Agencies, departments, taxing districts, political subdivisions of the state,
counties, and incorporated cities may retain, by written contract, collection
agencies licensed under this chapter for the purpose of collecting public debts
owed by any person.
(2)
No debt may be assigned to a collection agency unless (a) there has been an
attempt to advise the debtor (i) of the existence of the debt and (ii) that the
debt may be assigned to a collection agency for collection if the debt is not
paid, and (b) at least thirty days have elapsed from the time the notice was
sent.
(3)
Collection agencies assigned debts under this section shall have only those
remedies and powers which would be available to them as assignees of private
creditors.
(4)
For purposes of this section, the term debt shall include fines, fees,
penalties, reasonable costs, assessments, and other debts.
(5)
The reasonable costs involved in the collection of the debts through the use of
a collection agency are reasonable costs that may be added to and included in
the debt to be paid by the debtor.
*Sec. 1 was vetoed. See message at end of chapter.
Sec.
2. RCW
39.30.010 and 1970 ex.s. c 42 s 26 are each amended to read as follows:
Any
city or town or metropolitan park district or county or library district may
execute an executory conditional sales contract with a county or counties, the
state or any of its political subdivisions, the government of the United
States, or any private party for the purchase of any real or personal property,
or property rights in connection with the exercise of any powers or duties
which they now or hereafter are authorized to exercise, if the entire amount of
the purchase price specified in such contract does not result in a total indebtedness
in excess of three-fourths of one percent of the value of the taxable property
in such ((city or town or metropolitan park district or county or))
library district((: PROVIDED, That)) or the maximum amount of
nonvoter-approved indebtedness authorized in such county, city, town, or
metropolitan park district. If such a proposed contract would result in a
total indebtedness in excess of ((three-fourths of one percent of the value
of the taxable property of such city or town or metropolitan park district or
county or library district, as the case may be)) this amount, a
proposition in regard to whether or not such a contract may be executed shall
be submitted to the voters for approval or rejection in the same manner that
bond issues for capital purposes are submitted to the voters((: PROVIDED
FURTHER, That)). Any city or town or metropolitan park district or
county or library district may jointly execute contracts authorized by this
section, if the entire amount of the purchase price does not result in a joint
total indebtedness in excess of ((three-fourths of one percent of the value
of the taxable property in such)) the nonvoter-approved indebtedness
limitation of any city ((or)), town ((or)),
metropolitan park district ((or)), county, or library
district that participates in the jointly executed contract. The term
"value of the taxable property" shall have the meaning set forth in
RCW 39.36.015.
Sec.
3. RCW
35.27.070 and 1993 c 47 s 2 are each amended to read as follows:
The government of a town shall be vested in a mayor and a council
consisting of five members and a treasurer, all elective; the mayor shall
appoint a clerk and a marshal; and may appoint a town attorney, pound master,
street superintendent, a civil engineer, and such police and other subordinate
officers and employees as may be provided for by ordinance. All appointive
officers and employees shall hold office at the pleasure of the mayor, subject
to any applicable law, rule, or regulation relating to civil service, and
shall not be subject to confirmation by the town council.
Sec.
4. RCW
35.07.040 and 1965 c 7 s 35.07.040 are each amended to read as follows:
((If
the applicable census shows a population of less than four thousand,)) The
council shall cause an election to be called upon the proposition of
disincorporation. If the city or town has any indebtedness or outstanding
liabilities, it shall order the election of a receiver at the same time.
*Sec.
5.
RCW 9.41.050 and 1996 c 295 s 4 are each amended to read as follows:
(1)(a)
Except in the person's place of abode or fixed place of business, a person
shall not carry a pistol concealed on his or her person without a license to
carry a concealed pistol.
(b)
Every licensee shall have his or her concealed pistol license in his or her
immediate possession at all times that he or she is required by this section to
have a concealed pistol license and shall display the same upon demand to any
police officer or to any other person when and if required by law to do so.
Any violation of this subsection (1)(b) shall be a class 1 civil infraction
under chapter ((7.84)) 7.80 RCW and shall be punished accordingly
pursuant to chapter ((7.84)) 7.80 RCW and the infraction rules
for courts of limited jurisdiction.
(2)
A person shall not carry or place a loaded pistol in any vehicle unless the
person has a license to carry a concealed pistol and: (a) The pistol is on the
licensee's person, (b) the licensee is within the vehicle at all times that the
pistol is there, or (c) the licensee is away from the vehicle and the pistol is
locked within the vehicle and concealed from view from outside the vehicle.
(3)
A person at least eighteen years of age who is in possession of an unloaded
pistol shall not leave the unloaded pistol in a vehicle unless the unloaded
pistol is locked within the vehicle and concealed from view from outside the
vehicle.
(4)
Except as otherwise provided in this chapter, no person may carry a firearm
unless it is unloaded and enclosed in an opaque case or secure wrapper or the
person is:
(a)
Licensed under RCW 9.41.070 to carry a concealed pistol;
(b)
In attendance at a hunter's safety course or a firearms safety course;
(c)
Engaging in practice in the use of a firearm or target shooting at an
established range authorized by the governing body of the jurisdiction in which
such range is located or any other area where the discharge of a firearm is not
prohibited;
(d)
Engaging in an organized competition involving the use of a firearm, or
participating in or practicing for a performance by an organized group that
uses firearms as a part of the performance;
(e)
Engaging in a lawful outdoor recreational activity such as hunting, fishing,
camping, hiking, or horseback riding, only if, considering all of the attendant
circumstances, including but not limited to whether the person has a valid
hunting or fishing license, it is reasonable to conclude that the person is
participating in lawful outdoor activities or is traveling to or from a
legitimate outdoor recreation area;
(f)
In an area where the discharge of a firearm is permitted, and is not
trespassing;
(g)
Traveling with any unloaded firearm in the person's possession to or from any
activity described in (b), (c), (d), (e), or (f) of this subsection, except as
provided in (h) of this subsection;
(h)
Traveling in a motor vehicle with a firearm, other than a pistol, that is
unloaded and locked in the trunk or other compartment of the vehicle, placed in
a gun rack, or otherwise secured in place in a vehicle, provided that this
subsection (4)(h) does not apply to motor homes if the firearms are not within
the driver's compartment of the motor home while the vehicle is in operation.
Notwithstanding (a) of this subsection, and subject to federal and state park
regulations regarding firearm possession therein, a motor home shall be
considered a residence when parked at a recreational park, campground, or other
temporary residential setting for the purposes of enforcement of this chapter;
(i)
On real property under the control of the person or a relative of the person;
(j)
At his or her residence;
(k)
Is a member of the armed forces of the United States, national guard, or
organized reserves, when on duty;
(l)
Is a law enforcement officer;
(m)
Carrying a firearm from or to a vehicle for the purpose of taking or removing
the firearm to or from a place of business for repair; or
(n)
An armed private security guard or armed private detective licensed by the
department of licensing, while on duty or enroute to and from employment.
(5)
Violation of any of the prohibitions of subsections (2) through (4) of this
section is a misdemeanor.
(6)
Nothing in this section permits the possession of firearms illegal to possess
under state or federal law.
(7)
Any city, town, or county may enact an ordinance to exempt itself from the
prohibition of subsection (4) of this section.
*Sec. 5 was vetoed. See message at end of chapter.
Sec.
6. RCW
35A.12.010 and 1994 c 223 s 30 are each amended to read as follows:
The
government of any noncharter code city or charter code city electing to adopt
the mayor-council plan of government authorized by this chapter shall be vested
in an elected mayor and an elected council. The council of a noncharter code
city having less than twenty-five hundred inhabitants shall consist of five
members; when there are twenty-five hundred or more inhabitants, the council
shall consist of seven members((: PROVIDED, That)). A city with a
population of less than twenty-five hundred at the time of reclassification as
an optional municipal code city may choose to maintain a seven-member council.
The decision concerning the number of councilmembers shall be made by the
council and be incorporated as a section of the ordinance adopting for the city
the classification of noncharter code city. If the population of a city
after having become a code city decreases from twenty-five hundred or more to
less than twenty-five hundred, it shall continue to have a seven member
council. If, after a city has become a mayor-council code city, its population
increases to twenty-five hundred or more inhabitants, the number of
councilmanic offices in such city may increase from five to seven members upon
the affirmative vote of a majority of the existing council to increase the
number of councilmanic offices in the city. When the population of a
mayor-council code city having five councilmanic offices increases to five
thousand or more inhabitants, the number of councilmanic offices in the city
shall increase from five to seven members. In the event of an increase in the
number of councilmanic offices, the city council shall, by majority vote,
pursuant to RCW 35A.12.050, appoint two persons to serve in these offices until
the next municipal general election, at which election one person shall be
elected for a two-year term and one person shall be elected for a four-year
term. The number of inhabitants shall be determined by the most recent
official state or federal census or determination by the state office of
financial management. A charter adopted under the provisions of this title,
incorporating the mayor-council plan of government set forth in this chapter,
may provide for an uneven number of councilmembers not exceeding eleven.
A
noncharter code city of less than five thousand inhabitants which has elected
the mayor-council plan of government and which has seven councilmanic offices
may establish a five-member council in accordance with the following
procedure. At least six months prior to a municipal general election, the city
council shall adopt an ordinance providing for reduction in the number of
councilmanic offices to five. The ordinance shall specify which two
councilmanic offices, the terms of which expire at the next general election,
are to be terminated. The ordinance shall provide for the renumbering of
council positions and shall also provide for a two-year extension of the term
of office of a retained councilmanic office, if necessary, in order to comply
with RCW 35A.12.040.
However,
a noncharter code city that has retained its old mayor-council plan of government,
as provided in RCW 35A.02.130, is subject to the laws applicable to that old
plan of government.
NEW
SECTION. Sec. 7. A
new section is added to chapter 35.23 RCW to read as follows:
No
person is eligible to hold an elective office in a second class city unless the
person is a resident and registered voter in the city.
Sec.
8. RCW
35.27.080 and 1965 c 7 s 35.27.080 are each amended to read as follows:
No
person shall be eligible to or hold an elective office in a town unless he or
she is a resident and ((elector therein)) registered voter in the
town.
Sec.
9. RCW
35.01.020 and 1994 c 81 s 4 are each amended to read as follows:
A
second class city is a city with a population of ((more than)) fifteen
hundred or more at the time of its organization or reorganization that
does not have a charter adopted under Article XI, section 10, of the state
Constitution, and does not operate under Title 35A RCW.
Sec.
10. RCW
35.01.040 and 1994 c 81 s 5 are each amended to read as follows:
A
town has a population of less than fifteen hundred ((or less)) at
the time of its organization and does not operate under Title 35A RCW.
Sec.
11. RCW
35.02.130 and 1994 c 154 s 308 are each amended to read as follows:
The
city or town officially shall become incorporated at a date from one hundred
eighty days to three hundred sixty days after the date of the election on the
question of incorporation. An interim period shall exist between the time the
newly elected officials have been elected and qualified and this official date
of incorporation. During this interim period, the newly elected officials are
authorized to adopt ordinances and resolutions which shall become effective on
or after the official date of incorporation, and to enter into contracts and
agreements to facilitate the transition to becoming a city or town and to
ensure a continuation of governmental services after the official date of
incorporation. Periods of time that would be required to elapse between the
enactment and effective date of such ordinances, including but not limited to
times for publication or for filing referendums, shall commence upon the date
of such enactment as though the city or town were officially incorporated.
During
this interim period, the city or town governing body may adopt rules
establishing policies and procedures under the state environmental policy act,
chapter 43.21C RCW, and may use these rules and procedures in making
determinations under the state environmental policy act, chapter 43.21C RCW.
During
this interim period, the newly formed city or town and its governing body shall
be subject to the following as though the city or town were officially
incorporated: RCW 4.24.470 relating to immunity; chapter 42.17 RCW relating to
open government; chapter 40.14 RCW relating to the preservation and disposition
of public records; chapters 42.20 and 42.23 RCW relating to ethics and
conflicts of interest; chapters 42.30 and 42.32 RCW relating to open public meetings
and minutes; RCW 35.22.288, ((35.23.310, 35.24.220)) 35.23.221,
35.27.300, 35A.12.160, as appropriate, and chapter 35A.65 RCW relating to the
publication of notices and ordinances; RCW 35.21.875 and 35A.21.230 relating to
the designation of an official newspaper; RCW 36.16.138 relating to liability
insurance; RCW 35.22.620, 35.23.352, and 35A.40.210, as appropriate, and
statutes referenced therein relating to public contracts and bidding; and
chapter 39.34 RCW relating to interlocal cooperation. Tax anticipation or
revenue anticipation notes or warrants and other short-term obligations may be
issued and funds may be borrowed on the security of these instruments during
this interim period, as provided in chapter 39.50 RCW. Funds also may be
borrowed from federal, state, and other governmental agencies in the same
manner as if the city or town were officially incorporated.
RCW
84.52.020 and 84.52.070 shall apply to the extent that they may be applicable,
and the governing body of such city or town may take appropriate action by
ordinance during the interim period to adopt the property tax levy for its
first full calendar year following the interim period.
The
governing body of the new city or town may acquire needed facilities, supplies,
equipment, insurance, and staff during this interim period as if the city or
town were in existence. An interim city manager or administrator, who shall
have such administrative powers and duties as are delegated by the governing
body, may be appointed to serve only until the official date of incorporation.
After the official date of incorporation the governing body of such a new city
organized under the council manager form of government may extend the
appointment of such an interim manager or administrator with such limited
powers as the governing body determines, for up to ninety days. This governing
body may submit ballot propositions to the voters of the city or town to
authorize taxes to be collected on or after the official date of incorporation,
or authorize an annexation of the city or town by a fire protection district or
library district to be effective immediately upon the effective date of the
incorporation as a city or town.
The
boundaries of a newly incorporated city or town shall be deemed to be established
for purposes of RCW 84.09.030 on the date that the results of the initial
election on the question of incorporation are certified or the first day of
January following the date of this election if the newly incorporated city or
town does not impose property taxes in the same year that the voters approve
the incorporation.
The
newly elected officials shall take office immediately upon their election and
qualification with limited powers during this interim period as provided in
this section. They shall acquire their full powers as of the official date of
incorporation and shall continue in office until their successors are elected
and qualified at the next general municipal election after the official date of
incorporation: PROVIDED, That if the date of the next general municipal
election is less than twelve months after the date of the first election of
councilmembers, those initially elected councilmembers shall serve until their
successors are elected and qualified at the next following general municipal
election as provided in RCW 29.04.170. For purposes of this section, the
general municipal election shall be the date on which city and town general
elections are held throughout the state of Washington, pursuant to RCW
29.13.020.
In
any newly incorporated city that has adopted the council-manager form of
government, the term of office of the mayor, during the interim period only,
shall be set by the council, and thereafter shall be as provided by law.
The
official date of incorporation shall be on a date from one hundred eighty to
three hundred sixty days after the date of the election on the question of
incorporation, as specified in a resolution adopted by the governing body
during this interim period. A copy of the resolution shall be filed with the
county legislative authority of the county in which all or the major portion of
the newly incorporated city or town is located. If the governing body fails to
adopt such a resolution, the official date of incorporation shall be three
hundred sixty days after the date of the election on the question of
incorporation. The county legislative authority of the county in which all or
the major portion of the newly incorporated city or town is located shall file
a notice with the county assessor that the city or town has been authorized to
be incorporated immediately after the favorable results of the election on the
question of incorporation have been certified. The county legislative
authority shall file a notice with the secretary of state that the city or town
is incorporated as of the official date of incorporation.
Sec.
12. RCW
35.22.010 and 1965 c 7 s 35.22.010 are each amended to read as follows:
Cities of the first class shall be organized and governed according
to the law providing for the government of cities having a population of ((twenty))
ten thousand or more inhabitants that have adopted a charter in
accordance with Article ((11)) XI, section 10 of the state
Constitution.
Sec.
13. RCW
35.23.051 and 1995 c 134 s 8 are each amended to read as follows:
General
municipal elections in second class cities ((not operating under the
commission form of government)) shall be held biennially in the
odd-numbered years and shall be subject to general election law.
The
terms of office of the mayor, city attorney, clerk, and treasurer shall be four
years and until their successors are elected and qualified and assume office in
accordance with RCW 29.04.170: PROVIDED, That if the offices of city attorney,
clerk, and treasurer are made appointive, the city attorney, clerk, and
treasurer shall not be appointed for a definite term: PROVIDED FURTHER, That
the term of the elected treasurer shall not commence in the same biennium in
which the term of the mayor commences, nor in which the terms of the city
attorney and clerk commence if they are elected.
Council
positions shall be numbered in each second class city so that council position
seven has a two-year term of office and council positions one through six shall
each have four-year terms of office. Each councilmember shall remain in office
until a successor is elected and qualified and assumes office in accordance
with RCW 29.04.170.
In
its discretion the council of a second class city may divide the city by
ordinance, into a convenient number of wards, not exceeding six, fix the
boundaries of the wards, and change the ward boundaries from time to time and
as provided in RCW 29.70.100. No change in the boundaries of any ward shall be
made within one hundred twenty days next before the date of a general municipal
election, nor within twenty months after the wards have been established or
altered. However, if a boundary change results in one ward being represented
by more councilmembers than the number to which it is entitled, those having
the shortest unexpired terms shall be assigned by the council to wards where
there is a vacancy, and the councilmembers so assigned shall be deemed to be
residents of the wards to which they are assigned for purposes of determining
whether those positions are vacant.
Whenever
such city is so divided into wards, the city council shall designate by
ordinance the number of councilmembers to be elected from each ward,
apportioning the same in proportion to the population of the wards. Thereafter
the councilmembers so designated shall be elected by the voters resident in
such ward, or by general vote of the whole city as may be designated in such
ordinance. Council position seven shall not be associated with a ward and the
person elected to that position may reside anywhere in the city and voters
throughout the city may vote at a primary to nominate candidates for position
seven, when a primary is necessary, and at a general election to elect the
person to council position seven. ((When)) Additional territory that
is added to the city ((it may)) shall, by act of the council, be
annexed to contiguous wards without affecting the right to redistrict at the
expiration of twenty months after last previous division. The removal of a
councilmember from the ward for which he or she was elected shall create a
vacancy in such office.
Wards
shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows:
(1) Only a resident of the ward may be a candidate for, or hold office as, a
councilmember of the ward; and (2) only voters of the ward may vote at a
primary to nominate candidates for a councilmember of the ward. Voters of the
entire city may vote at the general election to elect a councilmember of a
ward, unless the city had prior to January 1, 1994, limited the voting in the
general election for any or all council positions to only voters residing
within the ward associated with the council positions. If a city had so
limited the voting in the general election to only voters residing within the
ward, then the city shall be authorized to continue to do so. The elections
for the remaining council position or council positions that are not associated
with a ward shall be conducted as if the wards did not exist.
Sec.
14. RCW
35.33.020 and 1985 c 175 s 4 are each amended to read as follows:
The
provisions of this chapter apply to all cities of the first class ((which))
that have a population of less than three hundred thousand, to all
cities of the second ((and third classes)) class, and to all
towns, except those cities and towns ((which)) that have adopted
an ordinance under RCW 35.34.040 providing for a biennial budget.
Sec.
15. RCW
35.34.020 and 1985 c 175 s 5 are each amended to read as follows:
This
chapter applies to all cities of the first((,)) and second((,
and third)) classes and to all towns ((which)), that
have by ordinance adopted this chapter authorizing the adoption of a fiscal
biennium budget.
Sec.
16. RCW
35.86.010 and 1975 1st ex.s. c 221 s 1 are each amended to read as follows:
Cities
of the first((,)) and second((, and third)) classes are
authorized to provide off-street parking space and facilities located on land
dedicated for park or civic center purposes, or on other municipally-owned land
where the primary purpose of such off-street parking facility is to provide
parking for persons who use such park or civic center facilities. In addition
a city may own other off-street parking facilities and operate them in
accordance with RCW 35.86A.120.
Sec.
17. RCW
35A.06.020 and 1995 c 134 s 11 are each amended to read as follows:
The
classifications of municipalities ((which existed prior to the time this
title goes into effectC)) as
first class cities, second class cities, unclassified cities, and towns((C)), and the restrictions, limitations, duties,
and obligations specifically imposed by law upon such classes of cities and
towns, shall have no application to noncharter code cities, but every
noncharter code city, by adopting such classification, has elected to be
governed by the provisions of this title, with the powers granted hereby.
However, any code city that retains its old plan of government is subject to the
laws applicable to that old plan of government until the city abandons its old
plan of government and reorganizes and adopts a plan of government under
chapter 35A.12 or 35A.13 RCW.
*Sec.
18.
RCW 35.13.005 and 1990 1st ex.s. c 17 s 30 are each amended to read as follows:
((No))
A city or town may not annex territory located in a county in
which urban growth areas have been designated under RCW 36.70A.110 ((may
annex territory)) that is located beyond an urban growth area unless
the territory is annexed under RCW 35.13.180.
*Sec. 18 was vetoed. See message at end of chapter.
*Sec.
19.
RCW 35A.14.005 and 1990 1st ex.s. c 17 s 31 are each amended to read as follows:
((No))
A code city may not annex territory located in a county in which
urban growth areas have been designated under RCW 36.70A.110 ((may annex
territory)) that is located beyond an urban growth area unless
the territory is annexed under RCW 35A.14.300.
*Sec. 19 was vetoed. See message at end of chapter.
*Sec.
20.
RCW 35.13.180 and 1994 c 81 s 11 are each amended to read as follows:
City
and town councils ((of second class cities and towns)) may by a majority
vote annex new unincorporated territory outside the city or town limits,
whether contiguous or noncontiguous for park, cemetery, or other municipal
purposes when such territory is owned by the city or town ((or all of the
owners of the real property in the territory give their written consent to the
annexation)).
*Sec. 20 was vetoed. See message at end of chapter.
*Sec.
21.
RCW 36.70A.110 and 1995 c 400 s 2 are each amended to read as follows:
(1)
Each county that is required or chooses to plan under RCW 36.70A.040 shall
designate an urban growth area or areas within which urban growth shall be
encouraged and outside of which growth can occur only if it is not urban in
nature. Each city that is located in such a county shall be included within an
urban growth area, except that an area owned by a city or town that was
annexed to the city or town under RCW 35.13.180 or 35A.14.300 may be located
outside of an urban growth area. An urban growth area may include more
than a single city. An urban growth area may include territory that is located
outside of a city only if such territory already is characterized by urban
growth whether or not the urban growth area includes a city, or is adjacent to
territory already characterized by urban growth, or is a designated new fully
contained community as defined by RCW 36.70A.350.
(2)
Based upon the growth management population projection made for the county by
the office of financial management, the urban growth areas in the county shall
include areas and densities sufficient to permit the urban growth that is
projected to occur in the county for the succeeding twenty-year period. Each
urban growth area shall permit urban densities and shall include greenbelt and
open space areas. An urban growth area determination may include a reasonable
land market supply factor and shall permit a range of urban densities and
uses. In determining this market factor, cities and counties may consider
local circumstances. Cities and counties have discretion in their
comprehensive plans to make many choices about accommodating growth.
Within
one year of July 1, 1990, each county that as of June 1, 1991, was required or
chose to plan under RCW 36.70A.040, shall begin consulting with each city
located within its boundaries and each city shall propose the location of an
urban growth area. Within sixty days of the date the county legislative
authority of a county adopts its resolution of intention or of certification by
the office of financial management, all other counties that are required or
choose to plan under RCW 36.70A.040 shall begin this consultation with each
city located within its boundaries. The county shall attempt to reach
agreement with each city on the location of an urban growth area within which
the city is located. If such an agreement is not reached with each city
located within the urban growth area, the county shall justify in writing why
it so designated the area an urban growth area. A city may object formally with
the department over the designation of the urban growth area within which it is
located. Where appropriate, the department shall attempt to resolve the
conflicts, including the use of mediation services.
(3)
Urban growth should be located first in areas already characterized by urban
growth that have adequate existing public facility and service capacities to
serve such development, second in areas already characterized by urban growth
that will be served adequately by a combination of both existing public
facilities and services and any additional needed public facilities and
services that are provided by either public or private sources, and third in
the remaining portions of the urban growth areas. Urban growth may also be
located in designated new fully contained communities as defined by RCW
36.70A.350.
(4)
In general, cities are the units of local government most appropriate to
provide urban governmental services. In general, it is not appropriate that
urban governmental services be extended to or expanded in rural areas except in
those limited circumstances shown to be necessary to protect basic public
health and safety and the environment and when such services are financially
supportable at rural densities and do not permit urban development.
(5)
On or before October 1, 1993, each county that was initially required to plan
under RCW 36.70A.040(1) shall adopt development regulations designating interim
urban growth areas under this chapter. Within three years and three months of
the date the county legislative authority of a county adopts its resolution of
intention or of certification by the office of financial management, all other
counties that are required or choose to plan under RCW 36.70A.040 shall adopt
development regulations designating interim urban growth areas under this
chapter. Adoption of the interim urban growth areas may only occur after
public notice; public hearing; and compliance with the state environmental
policy act, chapter 43.21C RCW, and RCW 36.70A.110. Such action may be
appealed to the appropriate growth management hearings board under RCW
36.70A.280. Final urban growth areas shall be adopted at the time of
comprehensive plan adoption under this chapter.
(6)
Each county shall include designations of urban growth areas in its
comprehensive plan.
*Sec. 21 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 22. RCW
35.21.620 shall be recodified as a section in chapter 35.22 RCW.
NEW
SECTION. Sec. 23. The
following acts or parts of acts are each repealed:
(1) RCW
35.07.030 and 1965 c 7 s 35.07.030;
(2) RCW
35.17.160 and 1965 c 7 s 35.17.160;
(3) RCW
35.23.390 and 1965 c 7 s 35.23.390;
(4) RCW
35.23.400 and 1965 c 7 s 35.23.400;
(5) RCW
35.21.600 and 1979 c 151 s 27, 1965 ex.s. c 47 s 6, & 1965 c
7 s 35.21.600;
(6) RCW
35.21.610 and 1965 ex.s. c 47 s 1; and
(7) RCW
35A.61.010 and 1967 ex.s. c 119 s 35A.61.010.
*NEW
SECTION. Sec. 24.
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 immediately.
*Sec. 24 was vetoed. See message at end of chapter.
