S-1141.1 _______________________________________________
SENATE BILL 5718
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Senators Gardner, Spanel, Patterson and Haugen
Read first time 02/04/1999. Referred to Committee on State & Local Government.
AN ACT Relating to cities and towns changing plans of government; amending RCW 35A.02.010, 35A.02.020, 35A.02.030, 35A.02.050, 35A.02.090, 35A.06.030, 35A.06.040, 35A.06.050, 35A.06.060, and 35A.06.070; and repealing RCW 35A.02.055 and 35A.02.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 35A.02.010 and 1979 ex.s. c 18 s 2 are each amended to read as follows:
Any ((incorporated)) city or town may ((become)) reclassify
as a noncharter code city in accordance with, and be governed by, the
provisions of this title relating to noncharter code cities and may select one
of the plans of government authorized by this title, or may retain its
current plan of government but otherwise operate under the provisions of this
title. ((A city or town adopting and organizing under the optional
municipal code shall not be deemed to have reorganized and to have abandoned
its existing general plan of government, upon changing classification and
becoming a noncharter code city, solely because organizing under a plan of
government authorized in this title changes the number of elective offices or
changes the terms thereof, or because an office becomes appointive rather than
elective, or because that city or town has come under the optional municipal
code, or because of any combination of these factors.))
Sec. 2. RCW 35A.02.020 and 1990 c 259 s 2 are each amended to read as follows:
When a petition is filed, signed by registered voters of ((an
incorporated)) a city or town, in number equal to not less than
fifty percent of the votes cast at the last general municipal election, seeking
((the adoption by)) to reclassify the city or town ((of the
classification of)) as a noncharter code city, either under its
existing authorized plan of government or ((naming)) reorganizing
under one of the plans of government authorized for noncharter code cities,
the county auditor shall promptly proceed to determine the sufficiency of the
petition under the rules set forth in RCW 35A.01.040. If the petition is found
to be sufficient, the county auditor shall file with the legislative body a
certificate of sufficiency of the petition. The reorganization of a city or
town adopting a new plan of government under this section is subject to the
restrictions under RCW 35A.06.030 on how long the city or town must have had
its current plan of government before it may reorganize, and the number of
years that must have elapsed since the last time a ballot proposition to
reorganize the city or town was submitted to voters. Thereupon the
legislative body of ((such)) the city or town shall, by
resolution, declare that the inhabitants of the city or town have decided to
adopt the classification of noncharter code city and to be governed under the
provisions of this title. If a prayer for reorganization is included in the
petition such resolution shall also declare that the inhabitants of the city or
town have decided to reorganize under the plan of government specified in the
petition. The legislative body shall cause such resolution to be published at
least once in a newspaper of general circulation within the city or town not
later than ten days after the passage of the resolution. Upon the expiration
of the ninetieth day from, but excluding the date of, first publication of the
resolution, if no timely and sufficient referendum petition has been filed
pursuant to RCW 35A.02.025, as now or hereafter amended, as determined by RCW
35A.29.170, the legislative body at its next regular meeting shall effect the
decision of the inhabitants, as expressed in the petition, by passage of an
ordinance adopting for the city the classification of noncharter code city, and
if the petition also sought governmental reorganization by adoption of one of
the plans of government authorized for noncharter code cities involving a
different general plan of government from that under which the city is
operating, then the legislative body shall provide at that time for such
reorganization by ordinance and for election of all new officers pursuant to
RCW 35A.02.050, as now or hereafter amended.
Sec. 3. RCW 35A.02.030 and 1979 ex.s. c 18 s 5 are each amended to read as follows:
When a majority of the legislative body of ((an incorporated))
a city or town determines that it would serve the best interests and
general welfare of such municipality to ((change the classification of such))
reclassify the city or town ((to that of)) as a noncharter
code city, ((such)) the legislative body may, by resolution,
declare its intention to adopt for the city or town the classification of
noncharter code city. If the legislative body so determines, ((such)) the
resolution may also contain a declaration of intention to reorganize the ((municipal
government)) city or town under one of the plans of government
authorized in this title, naming such plan; but it shall also be lawful for the
legislative body of any ((incorporated)) city or town which is governed
under a plan of government authorized prior to the time this title takes effect
to ((adopt for)) reclassify the city or town ((the
classification of)) as a noncharter code city while retaining the
same general plan of government under which such city or town is then
operating. The reorganization of a city or town adopting a new plan of
government under this section is subject to the restrictions under RCW
35A.06.030 on how long the city or town must have had its current plan of
government before it may reorganize, and the number of years that must have
elapsed since the last time a ballot proposition to reorganize the city or town
was submitted to voters. Within ten days after the passage of the
resolution, the legislative body shall cause it to be published at least once
in a newspaper of general circulation within the city or town. Upon the
expiration of the ninetieth day from, but excluding the date of first
publication of the resolution, if no timely and sufficient referendum petition
has been filed pursuant to RCW 35A.02.035, as determined by RCW 35A.29.170, the
intent expressed in such resolution shall at the next regular meeting of the
legislative body be effected by an ordinance ((adopting for)) reclassifying
the city or town ((the classification of)) as a noncharter code
city; and, if the resolution includes a declaration of intention to reorganize,
the legislative body shall provide at that time for such reorganization by
ordinance.
Sec. 4. RCW 35A.02.050 and 1994 c 223 s 25 are each amended to read as follows:
((The
first election of officers where required for reorganization under)) (1)
Whenever a city or town reclassifies as a noncharter code city and reorganizes
with a different general plan of government ((newly adopted)), or
a noncharter code city reorganizes with a different general plan of government,
in a manner provided in RCW 35A.02.020, 35A.02.030, 35A.06.030, or 35A.06.060,
((as now or hereafter amended, shall be at the next general municipal
election if one is to be held more than ninety days but not more than one
hundred and eighty days after certification of a reorganization ordinance or
resolution, or otherwise at a special election to be held for that purpose in
accordance with RCW 29.13.020. In the event that the first election of
officers is to be held at a general municipal election, such election shall be
preceded by a primary election pursuant to RCW 29.21.010 and 29.13.070. In the
event that the first election of all officers is to be held at a special
election rather than at a general election, and notwithstanding any provisions
of any other law to the contrary, such special election shall be preceded by a
primary election to be held on a date authorized by RCW 29.13.010, and the
persons nominated at that primary election shall be voted upon at the next
succeeding special election that is authorized by RCW 29.13.010: PROVIDED,
That in the event the ordinances calling for reclassification or
reclassification and reorganization under the provisions of Title 35A RCW have
been filed with the secretary of state pursuant to RCW 35A.02.040 in an
even-numbered year at least ninety days prior to a state general election then
the election of new officers shall be concurrent with the state primary and
general election and shall be conducted as set forth in general election law))
the members of the prior city or town legislative body shall retain their
terms of office as members of the newly constituted council for the remainder
of their terms of office. In addition, the mayor in a city or town with a
mayor council plan of government shall retain his or her term of office as the
mayor of the code city if the reorganization is to a mayor council plan of
government under this title, or shall retain his or her term of office and
become a member of the newly constituted council if the reorganization is to a
council manager plan of government under this title. If the city or town
reorganizes by adopting a mayor council plan of government and abandoning
another plan of government, the newly constituted council shall appoint the
mayor and a successor shall be elected to a four-year term of office at the new
municipal general election occurring sixty or more days after the date of the
election when the new plan of government was approved.
(2) If the number of members on a newly constituted council is less than the appropriate number of council positions provided for the code city under RCW 35A.12.010 or 35A.13.010, the newly constituted council shall appoint the additional member or members to reach the appropriate number of members. A council member who is so appointed shall serve until a successor is elected at the next municipal general election occurring sixty or more days after the date of the election when the new plan of government was approved. The staggering of council terms shall be accomplished by electing one or more additional council members at that municipal general election to a combination of four-year terms of office or two-year terms of office, so that at the next following municipal general election two council members will be elected to a five-member council or three council members will be elected to a seven-member council. The council member or members who are elected to two-year terms of office shall be the one or ones who are elected receiving the fewest numbers of votes, and the county auditor shall declare which council member or members are elected to two-year terms of office.
(3) If the number of members on a newly constituted council is greater than the appropriate number of council positions provided for the code city under RCW 35A.12.010 or 35A.13.010, the number of council positions shall be reduced so that, at the next two succeeding municipal general elections occurring sixty or more days after the date of the election when the new plan of government was approved, three positions are filled at the first election and two positions are filled at the second election if a five-member council is eventually established, or four positions are filled at the first election and three positions are filled at the second election if a seven-member council is eventually established. An appointment to fill a vacancy may not be made during this transition period if a vacancy occurs on a council with a greater number of positions than specified for the code city under RCW 35A.12.010 or 35A.13.010.
((Upon
reorganization,)) (4) Candidates for ((all offices)) council
positions shall file or be nominated for and successful candidates shall be
elected to specific council positions. ((The initial terms of office for
those elected at a first election of all officers shall be as follows: (1) A
simple majority of the persons who are elected as councilmembers receiving the
greatest numbers of votes and the mayor in a city with a mayor-council plan of
government shall be elected to four-year terms of office, if the election is
held in an odd-numbered year, or three-year terms of office, if the election is
held in an even-numbered year; and (2) the other persons who are elected as
councilmembers shall be elected to two-year terms of office, if the election is
held in an odd-numbered year, or one-year terms of office, if the election is
held in an even-numbered year. The newly elected officials shall take office
immediately when they are elected and qualified, but the length of their terms
of office shall be calculated from the first day of January in the year
following the election. Thereafter, each person elected as a councilmember or
mayor in a city with a mayor-council plan of government shall be elected to a
four-year term of office.))
Each councilmember, and a mayor in a city with a mayor-council plan of government, shall serve until a successor is elected and qualified and assumes office as provided in RCW 29.04.170.
((The former officers shall, upon the election and qualification
of new officers, deliver to the proper officers of the reorganized noncharter
code city all books of record, documents and papers in their possession
belonging to such municipal corporation before the reorganization thereof.))
Sec. 5. RCW 35A.02.090 and 1971 ex.s. c 251 s 3 are each amended to read as follows:
Proposals for ((each)) a noncharter code city to
reorganize by abandoning its current plan of government and adopting one of
the plans of government authorized by this title may be placed on the ballots
in the same election by timely petition as provided in this chapter. When the
ballot contains alternative proposals for each of the plans of government the
ballot shall clearly state that voters may vote for only one of the plans of
government.
Sec. 6. RCW 35A.06.030 and 1994 c 223 s 28 are each amended to read as follows:
By
use of the resolution for election or petition for election methods described
in RCW 35A.06.040, any noncharter code city which has operated for more than
six consecutive years under one of the optional plans of government authorized
by this title, or for more than a combined total of six consecutive years under
a particular plan of government both as a code city and under the same general
plan under Title 35 RCW immediately prior to becoming a code city, ((may
abandon such organization and)) may reorganize by abandoning its current
plan of government and ((adopt)) adopting another plan of
government authorized for noncharter code cities, but only after having been a
noncharter code city for more than one year or a city after operating for more
than six consecutive years under a particular plan of government as a
noncharter code city((: PROVIDED, That these)). In addition, a
ballot proposition to reorganize the plan of government may not be submitted to
voters more frequently than once every two consecutive years, including the
period prior to the noncharter code city reclassifying as a noncharter code
city. The limitations included in this section shall not apply to a
code city seeking to adopt a charter.
In reorganization under a different general plan of government as a noncharter code city, officers shall all be elected as provided in RCW 35A.02.050. When a noncharter code city adopts a plan of government other than those authorized under Title 35A RCW, such city ceases to be governed under this optional municipal code and shall be classified as a city or town of the class selected in the proceeding for adoption of such new plan, with the powers granted to such class under the general law.
Sec. 7. RCW 35A.06.040 and 1990 c 259 s 4 are each amended to read as follows:
Upon the passage of a resolution of the legislative body of a
noncharter code city, or upon the filing of a sufficient petition with the
county auditor signed by registered voters in number equal to not less than ten
percent of the votes cast at the last general municipal election therein,
proposing ((abandonment by)) the city ((of)) reorganize by
abandoning the plan of government under which it is then operating and ((adoption
of)) adopting another plan((, naming such plan)) of
government named in the resolution or petition, the sufficiency of the
petition for ((abandonment)) the reorganization shall be
determined, an election ordered and conducted, and the results declared
generally as provided in chapter 35A.02 RCW insofar as such provisions are
applicable. If the resolution or petition proposes a plan of government other
than those authorized in chapters 35A.12 RCW and 35A.13 RCW of this title, the
resolution or petition shall also specify the class of noncode city
or town under which ((such)) the code city will be ((classified
upon adoption of such)) reclassified if the plan of government is
adopted.
Sec. 8. RCW 35A.06.050 and 1994 c 223 s 29 are each amended to read as follows:
The proposal for ((abandonment of a)) reorganizing a
noncharter code city by abandoning its plan of government as authorized in
RCW 35A.06.030 and ((for adoption of)) adopting the plan of
government named in the resolution or petition shall be voted upon at the
next general municipal election if one is to be held within one hundred and
eighty days or otherwise at a special election called for that purpose in
accordance with RCW 29.13.020. The ballot title and statement of the
proposition shall be prepared by the city attorney as provided in RCW 29.27.060
and 35A.29.120.
Sec. 9. RCW 35A.06.060 and 1979 ex.s. c 18 s 16 are each amended to read as follows:
If a majority of votes cast at the election favor ((abandonment
of the)) reorganizing the city by abandoning its general plan of
government ((under which the noncharter code city is then organized and
reorganization)) and reorganizing the city under the different
general plan of government proposed in the resolution or petition, the
officers to be elected shall be those prescribed by the plan of government so
adopted, and they shall be elected as provided in RCW 35A.02.050 ((if)) whether
or not the city is to remain a noncharter code city((, or if the city is
abandoning optional municipal code status, they shall be elected at the next
succeeding general municipal election. Upon the election, qualification, and
assumption of office by such officers the reorganization of the government of
such municipality shall be complete and such municipality)) and
shall ((thereafter)) be governed under ((such)) this plan of
government. If the plan of government so adopted is not a plan
authorized for noncharter code cities, ((upon the election, qualification,
and assumption of office by such officers the municipality)) the city
shall cease ((to be)) being a noncharter code city governed under
the provisions of this optional municipal code and shall revert to the
classification selected and shall be governed by the general laws relating to
((municipalities of such)) cities or towns of that class with the
powers conferred by law upon ((municipalities of such)) cities or
towns of that class. ((Such change of classification)) A reclassification
shall not affect the then existing property rights or liabilities of the
municipal corporation.
Sec. 10. RCW 35A.06.070 and 1967 ex.s. c 119 s 35A.06.070 are each amended to read as follows:
By
means of the procedures set forth in this chapter, insofar as they apply, any
noncharter code city which has been governed under the provisions of this title
for more than six years may ((abandon the classification of noncharter code
city and elect to)) be reclassified as a regular city or town
governed under the general law relating to cities or towns of the
classification held by such city immediately prior to becoming a noncharter
code city, if any, or relating to cities or towns of the highest class for
which it is qualified by population, with the powers conferred by law upon such
class, while retaining the plan of government under which it is then
organized. A ((change of classification)) reclassification
approved by a majority of the voters voting on such proposition shall become
effective upon the filing of the record of such election with the office of the
secretary of state.
The elected officials of the prior noncharter code city shall retain their terms of office and any changes in the elective positions shall occur as provided under RCW 35A.02.050.
NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:
(1) RCW 35A.02.055 (Election of new officers--Exception where same general plan of government is retained) and 1979 ex.s. c 18 s 8; and
(2) RCW 35A.02.080 (Election of officers upon approval of plan of government by voters) and 1971 ex.s. c 251 s 2 & 1967 ex.s. c 119 s 35A.02.080.
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