BILL REQ. #: S-1204.1
State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 02/19/03.
AN ACT Relating to providing a new direct petition annexation method; amending RCW 35.21.005 and 35A.01.040; adding new sections to chapter 35.13 RCW; adding new sections to chapter 35A.14 RCW; creating new sections; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature recognizes that on March 14,
2002, the Washington state supreme court decided in Grant County Fire
Protection District No. 5 v. City of Moses Lake, 145 Wn.2d 702 (2002),
that the petition method of annexation authorized by RCW 35.13.125
through 35.13.160 and 35A.14.120 through 35A.14.150 is
unconstitutional. The legislature also recognizes that on October 11,
2002, the Washington state supreme court granted a motion for
reconsideration of this decision. The legislature intends to provide
a new method of direct petition annexation that enables property owners
and registered voters to participate in an annexation process without
the constitutional defect identified by the court.
NEW SECTION. Sec. 2 A new section is added to chapter 35.13 RCW
to read as follows:
Proceedings for the annexation of territory pursuant to this
section and section 3 of this act shall be commenced as provided in
this section. Before 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 of the area
to be annexed or the owners of not less than ten percent 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 any portion of
existing city or town indebtedness by the area to be annexed. If the
legislative body requires the assumption of all or 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.
NEW SECTION. Sec. 3 A new section is added to chapter 35.13 RCW
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, the petition must be signed by the owners of a
majority of the acreage for which annexation is petitioned and a
majority of the registered voters residing in the area for which
annexation is petitioned.
(2) If no residents exist within the area proposed for annexation,
the petition must be signed by the owners of a majority of the acreage
for which annexation is petitioned.
(3) The petition shall set forth a legal description of the
property proposed to be annexed that complies with RCW 35.02.170, and
shall be accompanied by a drawing that 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 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.
NEW SECTION. Sec. 4 A new section is added to chapter 35.13 RCW
to read as follows:
When a petition for annexation is filed with the city or town
council, or commission in those cities having a commission form of
government, that meets the requirements of sections 2 and 3 of this act
and RCW 35.21.005, of which fact satisfactory proof may be required by
the council or commission, the council or commission may entertain the
same, fix a date for a public hearing thereon and cause notice of the
hearing to be published in one issue of a newspaper of general
circulation in the city or town. The notice shall also be posted in
three public places within the territory proposed for annexation, and
shall specify the time and place of 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.
NEW SECTION. Sec. 5 A new section is added to chapter 35.13 RCW
to read as follows:
Following the hearing, the council or commission shall determine by
ordinance whether annexation shall be made. Subject to the provisions
of sections 2 through 7 of this act and RCW 35.21.005, they 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 ordinance a certified copy shall be filed with the board of county
commissioners of the county in which the annexed property is located.
NEW SECTION. Sec. 6 A new section is added to chapter 35.13 RCW
to read as follows:
Upon the date fixed in the ordinance of annexation, the area
annexed shall become part of the city or town. All property within the
annexed territory 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 the area is annexed, approved by the voters,
contracted, or incurred before, or existing at, the date of annexation.
If the annexation petition so provided, all property in the annexed
area is subject to and is 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. 7 A new section is added to chapter 35.13 RCW
to read as follows:
The method of annexation provided for in sections 2 through 6 of
this act is an alternative method, and does not supersede any other
method.
Sec. 8 RCW 35.21.005 and 1996 c 286 s 6 are each amended to read
as follows:
Wherever in this title petitions are required to be signed and
filed, the following rules shall govern the sufficiency thereof:
(1) A petition may include any page or group of pages containing an
identical text or prayer intended by the circulators, signers or
sponsors to be presented and considered as one petition and containing
the following essential elements when applicable, except that the
elements referred to in (d) and (e) of this subsection are essential
for petitions referring or initiating legislative matters to the
voters, but are directory as to other petitions:
(a) The text or prayer of the petition which shall be a concise
statement of the action or relief sought by petitioners and shall
include a reference to the applicable state statute or city ordinance,
if any;
(b) If the petition initiates or refers an ordinance, a true copy
thereof;
(c) If the petition seeks the annexation, incorporation,
withdrawal, or reduction of an area for any purpose, an accurate legal
description of the area proposed for such action and if practical, a
map of the area;
(d) Numbered lines for signatures with space provided beside each
signature for the name and address of the signer and the date of
signing;
(e) The warning statement prescribed in subsection (2) of this
section.
(2) Petitions shall be printed or typed on single sheets of white
paper of good quality and each sheet of petition paper having a space
thereon for signatures shall contain the text or prayer of the petition
and the following warning:
Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.
Sec. 9 RCW 35A.01.040 and 1996 c 286 s 7 are each amended to read
as follows:
Wherever in this title petitions are required to be signed and
filed, the following rules shall govern the sufficiency thereof:
(1) A petition may include any page or group of pages containing an
identical text or prayer intended by the circulators, signers or
sponsors to be presented and considered as one petition and containing
the following essential elements when applicable, except that the
elements referred to in (d) and (e) of this subsection are essential
for petitions referring or initiating legislative matters to the
voters, but are directory as to other petitions:
(a) The text or prayer of the petition which shall be a concise
statement of the action or relief sought by petitioners and shall
include a reference to the applicable state statute or city ordinance,
if any;
(b) If the petition initiates or refers an ordinance, a true copy
thereof;
(c) If the petition seeks the annexation, incorporation,
withdrawal, or reduction of an area for any purpose, an accurate legal
description of the area proposed for such action and if practical, a
map of the area;
(d) Numbered lines for signatures with space provided beside each
signature for the name and address of the signer and the date of
signing;
(e) The warning statement prescribed in subsection (2) of this
section.
(2) Petitions shall be printed or typed on single sheets of white
paper of good quality and each sheet of petition paper having a space
thereon for signatures shall contain the text or prayer of the petition
and the following warning:
Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.
NEW SECTION. Sec. 10 A new section is added to chapter 35A.14
RCW 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 which is
alternative to other methods provided in this chapter:
(a) Before the circulation of a petition for annexation, the
initiating party or parties, who shall be the owners of not less than
ten percent 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;
(b) 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 any portion of existing city
indebtedness by the area to be annexed;
(c) If the legislative body requires the assumption of all or 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;
(d) Approval by the legislative body shall be a condition precedent
to circulation of the petition; and
(e) 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. The petition for annexation must be signed by
the owners of a majority of the acreage for which annexation is
petitioned and a majority of the registered voters residing in the area
for which annexation is petitioned.
(3) If no residents exist within the area proposed for annexation,
the petition must be signed by the owners of a majority of the acreage
for which annexation is petitioned.
(4) The petition shall set forth a legal description of the
property proposed to be annexed that complies with RCW 35A.14.410, and
shall be accompanied by a drawing that 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.
NEW SECTION. Sec. 11 A new section is added to chapter 35A.14
RCW to read as follows:
When a petition for annexation is filed with the legislative body
of a code city, that meets the requirements of RCW 35A.01.040 and
section 10 of this act 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 a public hearing thereon and cause notice of the hearing
to be published in one or more issues of a newspaper of general
circulation in the city. The notice shall also be posted in three
public places within the territory proposed for annexation, and shall
specify the time and place of hearing and invite interested persons to
appear and voice approval or disapproval of the annexation.
NEW SECTION. Sec. 12 A new section is added to chapter 35A.14
RCW to read as follows:
Following the hearing, if the legislative body determines to effect
the annexation, they shall do so by ordinance. Subject to RCW
35A.14.410, 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 ordinance, a certified
copy shall be filed with the board of county commissioners of the
county in which the annexed property is located.
NEW SECTION. Sec. 13 A new section is added to chapter 35A.14
RCW to read as follows:
Upon the date fixed in the ordinance of annexation, the area
annexed shall become part of the city. All property within the annexed
territory shall, if the annexation petition so provided, be assessed
and taxed at the same rate and on the same basis as the property of the
annexing code city is assessed and taxed to pay for the portion of any
then-outstanding indebtedness of the city to which the area is annexed,
which indebtedness has been approved by the voters, contracted for, or
incurred before, 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. 14 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 15 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.