BILL REQ. #:  H-1452.1 

Read first time 02/10/2005.   Referred to Committee on Local Government.

     AN ACT Relating to the annexation of unincorporated island territory within code and noncode cities; amending RCW 36.93.105, 35.13.182, and 35A.14.295; adding a new section to chapter 35.13 RCW; adding a new section to chapter 35A.14 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 there exists in many of the most populous counties of the state a patchwork of small islands of urban unincorporated territory which are the direct result of past annexation and incorporation activity. These small areas present significant service inefficiencies for counties; difficulty in annexing these areas poses a barrier to achieving growth management planning goals of the surrounding or adjacent city or town. It is the intent of the legislature to grant cities and towns the unilateral authority to annex by ordinance small urban unincorporated islands that exist within their territories.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.13 RCW to read as follows:
     (1)(a) The legislative body of a city or town planning under chapter 36.70A RCW as of June 30, 1994, may by ordinance annex territory to the city or town if there is, within the city or town, unincorporated territory containing residential property owners within the same county and within the same urban growth area designated under RCW 36.70A.110 as the city or town containing less than two hundred fifty acres and having at least sixty percent of the boundaries of such area contiguous to the city or town.
     (b) The ordinance shall describe the boundaries of the area to be annexed, state the number of voters residing therein as nearly as may be, and set a date for public hearing on such ordinance for annexation. Notice of the hearing shall be given by publication of the ordinance at least once a week for two weeks prior to the date of the hearing, in one or more newspapers of general circulation within the city or town and one or more newspapers of general circulation within the area to be annexed.
     (2) For purposes of this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city or town that is also bounded by same river, lake, or other body of water.
     (3) Annexation under this section shall not be subject to referendum and shall be exempt from the boundary review board process and requirements set forth in chapter 36.93 RCW.
     (4) Any territory to be annexed through an ordinance adopted under this section is annexed and becomes a part of the city or town upon the date fixed in the ordinance of annexation, which date may not be fewer than thirty days after adoption of the ordinance.

NEW SECTION.  Sec. 3   A new section is added to chapter 35A.14 RCW to read as follows:
     (1)(a) The legislative body of a code city may by ordinance annex territory containing residential property owners to the city if there is within the city unincorporated territory containing less than two hundred fifty acres and having at least sixty percent of the boundaries of such area contiguous to the city or town.
     (b) The ordinance shall describe the boundaries of the area to be annexed, state the number of voters residing therein as nearly as may be, and set a date for public hearing on such ordinance for annexation. Notice of the hearing shall be given by publication of the ordinance at least once a week for two weeks prior to the date of the hearing, in one or more newspapers of general circulation within the city and one or more newspapers of general circulation within the area to be annexed.
     (2) For purposes of this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by same river, lake, or other body of water.
     (3) Annexation under this section shall not be subject to referendum and shall be exempt from the boundary review board process and requirements set forth in chapter 36.93 RCW.
     (4) Any territory to be annexed through an ordinance adopted under this section is annexed and becomes a part of the city or town upon the date fixed in the ordinance of annexation, which date may not be fewer than thirty days after adoption of the ordinance.

Sec. 4   RCW 36.93.105 and 1999 c 153 s 46 are each amended to read as follows:
     The following actions shall not be subject to potential review by a boundary review board:
     (1) Annexations of territory to a water-sewer district pursuant to RCW 36.94.410 through 36.94.440;
     (2) Revisions of city or town boundaries pursuant to RCW 35.21.790 or 35A.21.210;
     (3) Adjustments to city or town boundaries pursuant to RCW 35.13.340; ((and))
     (4) Adjustments to city and town boundaries pursuant to RCW 35.13.300 through 35.13.330;
     (5) Annexations of territory to a city or town pursuant to section 2 or 3 of this act.

Sec. 5   RCW 35.13.182 and 1998 c 286 s 1 are each amended to read as follows:
     (1) The legislative body of a city or town planning under chapter 36.70A RCW as of June 30, 1994, may resolve to annex territory to the city or town if there is, within the city or town, unincorporated territory containing residential property owners within the same county and within the same urban growth area designated under RCW 36.70A.110 as the city or town((:
     (a) Containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to the city or town; or
     (b))) of any size and having at least ((eighty)) sixty percent of the boundaries of the area contiguous to the city if the area existed before June 30, 1994.
     (2) The resolution shall describe the boundaries of the area to be annexed, state the number of voters residing in the area as nearly as may be, and set a date for a public hearing on the resolution for annexation. Notice of the hearing shall be given by publication of the resolution at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the city or town and one or more newspapers of general circulation within the area to be annexed.
     (3) For purposes of ((subsection (1)(b) of)) this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same river, lake, or other body of water.

Sec. 6   RCW 35A.14.295 and 1997 c 429 s 36 are each amended to read as follows:
     (1) The legislative body of a code city may resolve to annex territory containing residential property owners to the city if there is within the city, unincorporated territory((:
     (a) Containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to the code city; or
     (b))) of any size and having at least ((eighty)) sixty percent of the boundaries of such area contiguous to the city if such area existed before June 30, 1994, and is within the same county and within the same urban growth area designated under RCW 36.70A.110, and the city was planning under chapter 36.70A RCW as of June 30, 1994.
     (2) The resolution shall describe the boundaries of the area to be annexed, state the number of voters residing therein as nearly as may be, and set a date for a public hearing on such resolution for annexation. Notice of the hearing shall be given by publication of the resolution at least once a week for two weeks prior to the date of the hearing, in one or more newspapers of general circulation within the code city and one or more newspapers of general circulation within the area to be annexed.
     (3) For purposes of ((subsection (1)(b) of)) this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same river, lake, or other body of water.