BILL REQ. #:  S-1239.1 

Read first time 02/06/2003.   Referred to Committee on Land Use & Planning.

     AN ACT Relating to annexation interlocal agreements in order to facilitate the transition between a county and a city; adding new sections to chapter 39.34 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that the growth management act encourages the annexation by cities and towns, as providers of urban services, of the unincorporated portions of urban growth areas. The legislature also finds that an impediment to annexation is the lack of financial resources available to counties to ensure that urban infrastructure is available in these areas. The legislature also finds that the lack of infrastructure is a disincentive to annexation. The legislature also finds that there is a need to ensure that residents in these areas receive urban services before, during, and after annexation. The legislature also finds that interlocal agreements can provide for the delivery of these services and that revenue sharing between the city and county will ensure efficient and effective delivery of government services. It is the purpose of this act to encourage counties and cities to develop interlocal agreements prior to proposed annexations to ensure that the affected parties are fully informed.

NEW SECTION.  Sec. 2   A new section is added to chapter 39.34 RCW to read as follows:
     Prior to initiating an annexation, a city and town shall enter into a general interlocal agreement with the county that governs annexations by that city or town. The interlocal agreement may be supplemented to address issues specific to an individual annexation. The general interlocal annexation agreement must include the following:
     (1) The agreement must include a statement of the goals of the agreement. Goals may include, but are not limited to: Providing for long and short-term transition of services; long and short-term transition of staff; joint provision of services; community involvement; revenue sharing; or debt distribution;
     (2) The agreement must specify the subject areas and policies and procedures the parties agree to undertake in annexations. The potential subject areas covered by the agreements may include, but are not limited to: Roads and traffic impact mitigation; surface and storm water management; coordination and timing of comprehensive plan and development regulation updates; parks, trails, recreation, and open space; public utilities; outstanding bonds and special or improvement district assessments; transfer of staff; transfer of records; transfer of equipment; annexation procedures; and distribution of debt and revenue sharing for annexation proposals, code enforcement, inspection services, and financial and administrative services; and
     (3) Only those counties and cities in compliance with this section have the requisite authority to receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. Only those counties and cities in compliance with this section may receive preference for grants or loans subject to the provisions of RCW 43.17.250.

NEW SECTION.  Sec. 3   A new section is added to chapter 39.34 RCW to read as follows:
     (1) Once a city has initiated the development of a general interlocal annexation agreement under section 2 of this act, the agreement must be completed within ninety days, unless the parties mutually agree to an extension of time.
     (2) If the parties fail to reach a general interlocal annexation agreement within the time period required under subsection (1) of this section, either party may invoke mediated negotiation by notice to the other party. Mediation must commence within thirty days. The city and county shall select a mediator. Each party shall make available to the mediator all relevant documents, including their respective proposals for goals and policies and procedures, by subject area.
     (3) An annexation interlocal agreement entered into prior to the effective date of this section satisfies the requirements of this section if both the city or town and county agree.