H-0114.3 _______________________________________________
HOUSE BILL 1023
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Representatives Delvin, Sump, Alexander, Buck and Armstrong
Read first time 01/11/2001. Referred to Committee on Local Government & Housing.
AN ACT Relating to annexations by cities and towns; 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; adding a new section to chapter 35A.14 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 ((be either not less than ten percent of the
residents of the area to be annexed or)) 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 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 file the written
notice with the legislative body. The legislative body of the city or
town shall set a date and hold a meeting with the initiating party or
parties, not later than sixty days after the filing of the ((request))
notice, for a meeting with the initiating parties to determine whether
the city or town will: (1) Accept, reject, or geographically modify the
proposed annexation((, whether it shall)); (2) 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 ((whether it shall))
(3) 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)) An
annexation petition ((for annexation of)) to annex an unincorporated
area contiguous to a city or town for which approval was made 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)) under the direct property owner petition method of
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 that 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)) 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 one or more registered voters reside in the area proposed to be annexed, 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 if no registered voter resides in the area proposed to be annexed. However, if one or more registered voters reside in the area proposed to be annexed, 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 city or town adopts a subsequent ordinance approving the modified annexation and one or more registered voters reside in the area, 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) Notice of the proposed annexation under the direct property owner petition method of annexation shall be made after all the procedural steps have been taken under RCW 35.13.160, if one or more registered voters reside in the area proposed to be annexed, by both publishing the notice in a newspaper of general circulation in the area proposed to be annexed and mailing the notice to each registered voter residing in the area proposed to be annexed. The notice shall describe the area proposed to be annexed and 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 or rejection.
(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 after 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 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 direct property owner
petition 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))
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 proposed to be annexed. 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 and hold a meeting with the initiating
party or parties, not later than sixty days after the filing of the ((request))
notice, for a meeting with the initiating parties to determine whether
the code city will: (a) Accept, reject, or geographically modify and
accept the proposed annexation((, whether it shall)); (b)
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/or
((whether it shall)) (c) 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.
((A))
(3) An annexation
petition ((for annexation of)) to annex an unincorporated
area contiguous to a code city, for which approval was made 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))
An annexation
petition shall ((set forth a description of the property according to)) describe
the area 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)) area 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)) under the direct property owner petition method of
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)) area
proposed ((for annexation, and)) 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)) that 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 annexation
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)) 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)) if no
registered voter resides in the area. However, if one or more registered
voters reside in the area proposed to be annexed, the city shall publish a
notice of the proposed annexation and proposed annexation is subject to
potential voter approval under section 11 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 if no registered voter resides in the area. However, if one or more registered voters reside in the area proposed to be annexed, the city shall publish a notice of the proposed annexation and proposed annexation is subject to potential voter approval under section 11 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 city adopts a subsequent ordinance approving the modified annexation and one or more registered voters reside in the area, the city shall publish a notice of the proposed annexation and proposed annexation is subject to potential voter approval under section 11 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. A new section is added to chapter 35A.14 RCW to read as follows:
(1) Notice of a proposed annexation under the direct property owner petition method of annexation shall be made after all the procedural steps have been taken under RCW 35A.14.150, if one or more registered voters resides in the area proposed to be annexed, by both publishing the notice in a newspaper of general circulation in the area proposed to be annexed and mailing the notice to each registered voter residing in the area proposed to be annexed. The notice shall describe the area proposed to be annexed and 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 or rejection.
(2) A petition may be filed with the legislative body of the code city calling for a ballot proposition authorizing an annexation of the area to be submitted to voters residing in the area for their approval or rejection. The petition must be signed by at least ten percent of the registered voters residing in the area proposed 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 sixty days after the petition is certified as having sufficient valid signatures. However, the legislative body of the city may adopt a resolution withdrawing its support of the annexation and terminating the proposed annexation.
A ballot proposition or propositions authorizing the annexation, adoption of the proposed zoning regulation, or authorizing the assumption of all or a portion of the city's indebtedness are subject to the provisions of this chapter relating to these matters under the election method of annexation.
NEW SECTION. Sec. 12. RCW 28A.335.110 (Real property--Annexation to city or town) and 1971 c 69 s 3 are each repealed.
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