BILL REQ. #: S-0916.1
| State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 01/30/13.
AN ACT Relating to annexations; amending RCW 35.10.217, 35.13.150, 35.13.180, 35.13.182, 35.13.185, 35.13.190, 35.13.210, 35.13.238, 35.13.470, 35.13.480, 35.13.490, 35.21.790, 35.21.890, 35A.14.295, 35A.14.297, 35A.14.299, 35A.14.300, 35A.14.310, 35A.14.460, 35A.14.470, 35A.14.480, 35A.14.490, and 35A.21.210; and repealing RCW 35.13.1821 and 35.13.1822.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 35.10.217 and 1986 c 253 s 1 are each amended to read
as follows:
The following methods are available for the annexation of all or a
part of a city or town to another city or town:
(1) A petition for an election to vote upon the annexation, which
proposed annexation is approved by the legislative body of the city or
town from which the territory will be taken, may be submitted to the
legislative body of the city or town to which annexation is proposed.
An annexation under this subsection shall otherwise conform with the
requirements for and procedures of a petition and election method of
annexing unincorporated territory under chapter 35.13 RCW((, except for
the requirement for the approval of the annexation by the city or town
from which the territory would be taken)).
(2) The legislative body of a city or town may on its own
initiative by resolution indicate its desire to be annexed to a city or
town either in whole or in part, or the legislative body of a city or
town proposing to annex all or part of another city or town may
initiate the annexation by adopting a resolution indicating that
desire. In case such resolution is passed, such resolution shall be
transmitted to the other affected city or town. The annexation is
effective if the other city or town adopts a resolution concurring in
the annexation((, unless the owners of property in the area proposed to
be annexed, equal in value to sixty percent or more of the assessed
valuation of the property in the area, protest the proposed annexation
in writing to the legislative body of the city or town proposing to
annex the area, within thirty days of the adoption of the second
resolution accepting the annexation)) and the registered voters of the
area to be annexed approve the annexation by majority vote or written
consent. Notices of the public hearing at which the second resolution
is adopted shall be mailed to the owners of the property within the
area proposed to be annexed in the same manner that notices of a
hearing on a proposed local improvement district are required to be
mailed by a city or town as provided in chapter 35.43 RCW. An
annexation under this subsection shall be potentially subject to review
by a boundary review board or other annexation review board after the
adoption of the initial resolution, and the second resolution may not
be adopted until the proposed annexation has been approved by the
board.
(3) The owners of property located in a city or town may petition
for annexation to another city or town. An annexation under this
subsection shall conform with the requirements for and procedures of a
direct petition method of annexing unincorporated territory, except
that the legislative body of the city or town from which the territory
would be taken must approve the annexation before it may proceed.
(4) All annexations under this section are subject to potential
review by the local boundary review board or annexation review board.
Sec. 2 RCW 35.13.150 and 1975 1st ex.s. c 220 s 9 are each
amended to read as follows:
Following the hearing, the ((council or commission shall determine
by ordinance whether annexation shall be made)) question of annexation
shall be submitted to the voters of the area, if the area contains at
least one hundred voters, in a general election if one is to be held
within ninety days or at a special election called for that purpose
according to RCW 29A.04.330. Notice of the election shall be given as
provided in RCW 35.13.080 and the election shall be conducted as
provided in the general election law. If the area to be annexed
contains less than one hundred voters, at least a majority of the
voters in the area to be annexed must give their written consent to the
annexation. The annexation shall be deemed approved by the voters
unless a majority of the votes cast on the proposition are in
opposition to the annexation or unless less than a majority provide
their written consent to the annexation. Subject to RCW 35.02.170,
((they)) the council or commission 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.
Sec. 3 RCW 35.13.180 and 1994 c 81 s 11 are each amended to read
as follows:
City and town councils of second-class cities and towns may by a
majority vote annex new unincorporated territory outside the city or
town limits, whether contiguous or noncontiguous for park, cemetery, or
other municipal purposes when such territory is owned by the city or
town and at least a majority of the registered voters in the territory
to be annexed give their written consent or all of the owners of the
real property in the territory give their written consent to the
annexation.
Sec. 4 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 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) The question of annexation shall be submitted to the voters of
the area, if the area contains at least one hundred voters, in a
general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW 29A.04.330.
Notice of the election shall be given as provided in RCW 35.13.080 and
the election shall be conducted as provided in the general election
law. If the area to be annexed contains less than one hundred voters,
at least a majority of the voters in the area to be annexed must give
their written consent to the annexation. The annexation shall be
deemed approved by the voters unless a majority of the votes cast on
the proposition are in opposition to the annexation or unless less than
a majority provide their written consent to the annexation.
(4) 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. 5 RCW 35.13.185 and 1965 c 7 s 35.13.185 are each amended to
read as follows:
Any unincorporated area contiguous to a first-class city may be
annexed thereto by an ordinance accepting a gift, grant, lease or
cession of jurisdiction from the government of the United States of the
right to occupy or control it. At least a majority of the registered
voters in the unincorporated area to be annexed or at least a majority
of the owners of the real property in the territory must give their
written consent to the annexation.
Sec. 6 RCW 35.13.190 and 1994 c 81 s 12 are each amended to read
as follows:
Any unincorporated area contiguous to a second-class city or town
may be annexed thereto by an ordinance accepting a gift, grant, or
lease from the government of the United States of the right to occupy,
control, improve it or sublet it for commercial, manufacturing, or
industrial purposes: PROVIDED, That this shall not apply to any
territory more than four miles from the corporate limits existing
before such annexation. At least a majority of the registered voters
in the unincorporated area to be annexed or at least a majority of the
owners of the real property in the territory must give their written
consent to the annexation.
Sec. 7 RCW 35.13.210 and 1994 c 81 s 14 are each amended to read
as follows:
A second-class city or town may cause territory annexed pursuant to
a gift, grant, or lease of the government of the United States to be
surveyed, subdivided and platted into lots, blocks, or tracts and lay
out, reserve for public use, and improve streets, roads, alleys, slips,
and other public places. It may grant or sublet any lot, block, or
tract therein for commercial, manufacturing, or industrial purposes and
reserve, receive and collect rents therefrom. It may expend the rents
received therefrom in making and maintaining public improvements
therein, and if any surplus remains at the end of any fiscal year, may
transfer it to the city's or town's current expense fund. At least a
majority of the registered voters or at least a majority of the owners
of the real property in the territory must give their written consent
to the annexation.
Sec. 8 RCW 35.13.238 and 2009 c 60 s 7 are each amended to read
as follows:
(1)(a) An annexation by a city or town that is proposing to annex
territory served by one or more fire protection districts may be
accomplished by ordinance after entering into an interlocal agreement
as provided in chapter 39.34 RCW with the county and the fire
protection district or districts that have jurisdiction over the
territory proposed for annexation.
(b) A city or town proposing to annex territory shall initiate the
interlocal agreement process by sending notice to the fire protection
district representative and county representative stating the city's or
town's interest to enter into an interlocal agreement negotiation
process. The parties have forty-five days to respond in the
affirmative or negative. A negative response must state the reasons
the parties do not wish to participate in an interlocal agreement
negotiation. A failure to respond within the forty-five day period is
deemed an affirmative response and the interlocal agreement negotiation
process may proceed. The interlocal agreement process may not proceed
if any negative responses are received within the forty-five day
period.
(c) The interlocal agreement must describe the boundaries of the
territory proposed for annexation and must be consistent with the
boundaries identified in an ordinance describing the boundaries of the
territory proposed for annexation and setting a date for a public
hearing on the ordinance. If the boundaries of the territory proposed
for annexation are agreed to by all parties, a notice of intention must
be filed with the boundary review board created under RCW 36.93.030.
However, the jurisdiction of the board may not be invoked as described
in RCW 36.93.100 for annexations that are the subject of such
agreement.
(2) An interlocal annexation agreement under this section must
include the following:
(a) A statement of the goals of the agreement. Goals must include,
but are not limited to:
(i) The transfer of revenues and assets between the fire protection
districts and the city or town;
(ii) A consideration and discussion of the impact to the level of
service of annexation on the unincorporated area, and an agreement that
the impact on the ability of fire protection and emergency medical
services within the incorporated area must not be negatively impacted
at least through the budget cycle in which the annexation occurs;
(iii) A discussion with fire protection districts regarding the
division of assets and its impact to citizens inside and outside the
newly annexed area;
(iv) Community involvement, including an agreed upon schedule of
public meetings in the area or areas proposed for annexation;
(v) Revenue sharing, if any;
(vi) Debt distribution;
(vii) Capital facilities obligations of the city, county, and fire
protection districts;
(viii) An overall schedule or plan on the timing of any annexations
covered under this agreement; and
(ix) A description of which of the annexing cities' development
regulations will apply and be enforced in the area.
(b) The subject areas and policies and procedures the parties agree
to undertake in annexations. Subject areas may include, but are not
limited to:
(i) Roads and traffic impact mitigation;
(ii) Surface and storm water management;
(iii) Coordination and timing of comprehensive plan and development
regulation updates;
(iv) Outstanding bonds and special or improvement district
assessments;
(v) Annexation procedures;
(vi) Distribution of debt and revenue sharing for annexation
proposals, code enforcement, and inspection services;
(vii) Financial and administrative services; and
(viii) Consultation with other service providers, including water-sewer districts, if applicable.
(c) A term of at least five years, which may be extended by mutual
agreement of the city or town, the county, and the fire protection
district.
(3) If the fire protection district, annexing city or town, and
county reach an agreement on the enumerated goals or if only the
annexing city or town and county reach an agreement on the enumerated
goals, the ((annexation ordinance may proceed and is not subject to
referendum. If only the annexing city or town and county reach an
agreement on the enumerated goals, the city or town and county may
proceed with annexation under the interlocal agreement, but the
annexation ordinance provided for in this section is subject to
referendum for forty-five days after its passage. Upon the filing of
a timely and sufficient referendum petition with the legislative body
of the city or town, signed by qualified electors in a number not less
than ten percent of the votes cast in the last general state election
in the area to be annexed, the question of annexation must be submitted
to the voters of the area in a general election if one is to be held
within ninety days or at a special election called for that purpose
according to RCW 35.13.080. Notice of the election must be given as
provided in RCW 35.13.080, and the election must be conducted as
provided in the general election laws under Title 29A RCW.)) question
of annexation shall be submitted to the voters of the area, if the area
contains at least one hundred voters, in a general election if one is
to be held within ninety days or at a special election called for that
purpose according to RCW 29A.04.330. Notice of the election shall be
given as provided in RCW 35.13.080 and the election shall be conducted
as provided in the general election law. If the area to be annexed
contains less than one hundred voters, at least a majority of the
voters in the area to be annexed must give their written consent to the
annexation. The annexation must be deemed approved by the voters
unless a majority of the votes cast on the proposition are in
opposition to the annexation or unless less than a majority provide
their written consent to the annexation.
After the ((expiration of the forty-fifth day from, but excluding,
the date of passage of the annexation ordinance, if a timely and
sufficient referendum petition has not been filed)) approval by a
majority of the voters in the area, the area annexed becomes a part of
the city or town upon the date fixed in the ordinance of annexation.
(4) If any portion of a fire protection district is proposed for
annexation to or incorporation into a city or town, both the fire
protection district and the city or town shall jointly inform the
employees of the fire protection district about hires, separations,
terminations, and any other changes in employment that are a direct
consequence of annexation or incorporation at the earliest reasonable
opportunity.
(5) The needed employees shall be taken in order of seniority and
the remaining employees who transfer as provided in this section and
RCW 35.10.360 and 35.10.370 shall head the list for employment in the
civil service system in order of their seniority, to the end that they
shall be the first to be reemployed in the city or town fire department
when appropriate positions become available. Employees who are not
immediately hired by the city or town shall be placed on a reemployment
list for a period not to exceed thirty-six months unless a longer
period is authorized by an agreement reached between the collective
bargaining representatives of the employees of the annexing and annexed
fire agencies and the annexing and annexed fire agencies.
(6)(a) Upon transfer, an employee is entitled to the employee
rights, benefits, and privileges to which he or she would have been
entitled as an employee of the fire protection district, including
rights to:
(i) Compensation at least equal to the level of compensation at the
time of transfer, unless the employee's rank and duties have been
reduced as a result of the transfer. If the transferring employee is
placed in a position with reduced rank and duties, the employee's
compensation may be adjusted, but the adjustment may not result in a
decrease of greater than fifty percent of the difference between the
employee's compensation before the transfer and the compensation level
for the position that the employee is transferred to;
(ii) Retirement, vacation, sick leave, and any other accrued
benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no
requirement for an additional probationary period if one had been
completed before the transfer date.
(b) (a) of this subsection does not apply if upon transfer an
agreement for different terms of transfer is reached between the
collective bargaining representatives of the transferring employees and
the participating fire protection jurisdictions.
(7) If upon transfer, the transferring employee receives the
rights, benefits, and privileges established under subsection (6)(a)(i)
through (iv) of this section, those rights, benefits, and privileges
are subject to collective bargaining at the end of the current
bargaining period for the jurisdiction to which the employee has
transferred.
(8) Such bargaining must take into account the years of service the
transferring employee accumulated before the transfer and must be
treated as if those years of service occurred in the jurisdiction to
which the employee has transferred.
Sec. 9 RCW 35.13.470 and 2003 c 299 s 1 are each amended to read
as follows:
(1) The legislative body of a county, city, or town planning under
chapter 36.70A RCW and subject to the requirements of RCW 36.70A.215
may initiate an annexation process for unincorporated territory by
adopting a resolution commencing negotiations for an interlocal
agreement as provided in chapter 39.34 RCW between a county and any
city or town within the county. The territory proposed for annexation
must meet the following criteria: (a) Be within the city or town urban
growth area designated under RCW 36.70A.110, and (b) at least sixty
percent of the boundaries of the territory proposed for annexation must
be contiguous to the annexing city or town or one or more cities or
towns.
(2) If the territory proposed for annexation has been designated in
an adopted county comprehensive plan as part of an urban growth area,
urban service area, or potential annexation area for a specific city or
town, or if the urban growth area territory proposed for annexation has
been designated in a written agreement between a city or town and a
county for annexation to a specific city or town, the designation or
designations shall receive full consideration before a city or county
may initiate the annexation process provided for in RCW 35.13.480.
(3) The agreement shall describe the boundaries of the territory to
be annexed. A public hearing shall be held by each legislative body,
separately or jointly, before the agreement is executed. Each
legislative body holding a public hearing shall, separately or jointly,
publish the agreement at least once a week for two weeks before the
date of the hearing in one or more newspapers of general circulation
within the territory proposed for annexation.
(4) The question of annexation shall be submitted to the voters of
the area, if the area contains at least one hundred voters, in a
general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW 29A.04.330.
Notice of the election shall be given as provided in RCW 35.13.080 and
the election shall be conducted as provided in the general election
law. If the area to be annexed contains less than one hundred voters,
at least a majority of the voters in the area to be annexed must give
their written consent to the annexation.
(5) Following adoption and execution of the agreement by both
legislative bodies and approval by a majority of the voters in the
area, the city or town legislative body shall adopt an ordinance
providing for the annexation of the territory described in the
agreement. ((The legislative body shall cause notice of the proposed
effective date of the annexation, together with a description of the
property to be annexed, to be published at least once each week for two
weeks subsequent to passage of the ordinance, in one or more newspapers
of general circulation within the city and in one or more newspapers of
general circulation within the territory to be annexed. If the
annexation ordinance provides for assumption of indebtedness or
adoption of a proposed zoning regulation, the notice shall include a
statement of the requirements.)) 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 forty-five days after
adoption of the ordinance)).
Sec. 10 RCW 35.13.480 and 2006 c 344 s 23 are each amended to
read as follows:
(1) The legislative body of any county planning under chapter
36.70A RCW and subject to the requirements of RCW 36.70A.215 may
initiate an annexation process with the legislative body of any other
cities or towns that are contiguous to the territory proposed for
annexation in RCW 35.13.470 if:
(a) The county legislative body initiated an annexation process as
provided in RCW 35.13.470; and
(b) The affected city or town legislative body adopted a responsive
resolution rejecting the proposed annexation or declined to create the
requested interlocal agreement with the county; or
(c) More than one hundred eighty days have passed since adoption of
a county resolution as provided for in RCW 35.13.470 and the parties
have not adopted or executed an interlocal agreement providing for the
annexation of unincorporated territory. The legislative body for
either the county or an affected city or town may, however, pass a
resolution extending the negotiation period for one or more six-month
periods if a public hearing is held and findings of fact are made prior
to each extension.
(2) Any county initiating the process provided for in subsection
(1) of this section must do so by adopting a resolution commencing
negotiations for an interlocal agreement as provided in chapter 39.34
RCW between the county and any city or town within the county. The
annexation area must be within an urban growth area designated under
RCW 36.70A.110 and at least sixty percent of the boundaries of the
territory to be annexed must be contiguous to one or more cities or
towns.
(3) The agreement shall describe the boundaries of the territory to
be annexed. A public hearing shall be held by each legislative body,
separately or jointly, before the agreement is executed. Each
legislative body holding a public hearing shall, separately or jointly,
publish the agreement at least once a week for two weeks before the
date of the hearing in one or more newspapers of general circulation
within the territory proposed for annexation.
(4) The question of annexation shall be submitted to the voters of
the area, if the area contains at least one hundred voters, in a
general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW 29A.04.330.
Notice of the election shall be given as provided in RCW 35.13.080 and
the election shall be conducted as provided in the general election
law. If the area to be annexed contains less than one hundred voters,
at least a majority of the voters in the area to be annexed must give
their written consent to the annexation.
(5) Following adoption and execution of the agreement by both
legislative bodies and approval by a majority of the voters in the
area, the city or town legislative body shall adopt an ordinance
providing for the annexation. ((The legislative body shall cause
notice of the proposed effective date of the annexation, together with
a description of the property to be annexed, to be published at least
once each week for two weeks subsequent to passage of the ordinance, in
one or more newspapers of general circulation within the city and in
one or more newspapers of general circulation within the territory to
be annexed. If the annexation ordinance provides for assumption of
indebtedness or adoption of a proposed zoning regulation, the notice
shall include a statement of the requirements. Any area 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 less than forty-five days after
adoption of the ordinance.)) The area annexed shall
become a part of the city or town upon the date fixed in the ordinance
of annexation.
(5) The annexation ordinances provided for in RCW 35.13.470(4) and
subsection (4) of this section are subject to referendum for forty-five
days after passage. Upon the filing of a timely and sufficient
referendum petition with the legislative body, signed by registered
voters in number equal to not less than fifteen percent of the votes
cast in the last general state election in the area to be annexed, the
question of annexation shall be submitted to the voters of the area in
a general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW 29A.04.330.
Notice of the election shall be given as provided in RCW 35.13.080 and
the election shall be conducted as provided in the general election
law. The annexation shall be deemed approved by the voters unless a
majority of the votes cast on the proposition are in opposition
thereto.
After the expiration of the forty-fifth day from but excluding the
date of passage of the annexation ordinance, if no timely and
sufficient referendum petition has been filed,
(6) If more than one city or town adopts interlocal agreements
providing for annexation of the same unincorporated territory as
provided by this section, an election shall be held in the area to be
annexed pursuant to RCW 35.13.070 and 35.13.080. In addition to the
provisions of RCW 35.13.070 and 35.13.080, the ballot shall also
contain a separate proposition allowing voters to cast votes in favor
of annexation to any one city or town participating in an interlocal
agreement as provided by this section. If a majority of voters voting
on the proposition vote against annexation, the proposition is
defeated. If, however, a majority of voters voting in the election
approve annexation, the area shall be annexed to the city or town
receiving the highest number of votes among those cast in favor of
annexation.
(7) Costs for an election required under subsection (6) of this
section shall be borne by the county.
Sec. 11 RCW 35.13.490 and 2009 c 402 s 3 are each amended to read
as follows:
(1) Territory owned by a county and used for an agricultural fair
as provided in chapter 15.76 ((RCW)) or ((chapter)) 36.37 RCW may only
be annexed to a city or town through the method prescribed in this
section.
(a) The legislative body of the city or town proposing the
annexation must submit a request for annexation and a legal description
of the subject territory to the legislative authority of the county
within which the territory is located.
(b) Upon receipt of the request and description, the county
legislative authority has thirty days to review the proposal and
determine if the annexation proceedings will continue. As a condition
of approval, the county legislative authority may modify the proposal,
but it may not add territory that was not included in the request and
description. Approval of the county legislative authority is a
condition precedent to further proceedings upon the request and there
is no appeal of the county legislative authority's decision.
(c) If the county legislative authority determines that the
proceedings may continue, it must, within thirty days of the
determination, fix a date for a public hearing on the proposal, and
cause notice of the hearing to be published at least once a week for
two weeks prior to the hearing in one or more newspapers of general
circulation in the territory proposed for annexation. The notice must
also be posted in three public places within the subject territory,
specify the time and place of the hearing, and invite interested
persons to appear and voice approval or disapproval of the annexation.
If the annexation proposal provides for assumption of indebtedness or
adoption of a proposed zoning regulation, the notice must include a
statement of these requirements.
(d) If, following the conclusion of the hearing, a majority of the
county legislative authority deems the annexation proposal to be in the
best interest of the county, it may adopt a resolution approving of the
annexation.
(e) The question of annexation shall be submitted to the voters of
the area, if the area contains at least one hundred voters, in a
general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW 29A.04.330.
Notice of the election shall be given as provided in RCW 35.13.080 and
the election shall be conducted as provided in the general election
law. If the area to be annexed contains less than one hundred voters,
at least a majority of the voters in the area to be annexed must give
their written consent to the annexation.
(f) If, following the county legislative authority's adoption of
the annexation approval resolution and approval by a majority of the
voters in the area, the legislative body of the city or town proposing
annexation determines to effect the annexation, it must do so by
ordinance. The ordinance: (i) May only include territory approved for
annexation in the resolution adopted under (d) of this subsection; and
(ii) must not exclude territory approved for annexation in the
resolution adopted under (d) of this subsection. Upon passage of the
annexation ordinance, a certified copy must be filed with the
applicable county legislative authority.
(2) Any territory 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.
Sec. 12 RCW 35.21.790 and 1989 c 84 s 10 are each amended to read
as follows:
(1) The governing bodies of a county and any city or town located
therein may by agreement revise any part of the corporate boundary of
the city or town which coincides with the centerline, edge, or any
portion of a public street, road or highway right-of-way by
substituting therefor a right-of-way line of the same public street,
road or highway so as fully to include or fully to exclude that segment
of the public street, road or highway from the corporate limits of the
city or town. At least a majority of the registered voters in the
unincorporated area to be annexed or at least a majority of the owners
of the real property in the unincorporated area to be annexed must give
their written consent to the boundary revision.
(2) The revision of a corporate boundary as authorized by this
section shall become effective when approved by ordinance of the city
or town council or commission and by ordinance or resolution of the
county legislative authority. Such a boundary revision is not subject
to potential review by a boundary review board.
Sec. 13 RCW 35.21.890 and 1989 c 84 s 70 are each amended to read
as follows:
A city or town may provide factual information on the effects of a
proposed boundary change on the city or town and the area potentially
affected by the boundary change. A statement that the city or town has
such information available, and copies of any printed materials or
information available to be provided to the public shall be ((filled
[filed])) filed with the boundary review board for the board's
information.
Sec. 14 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 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) The question of annexation shall be submitted to the voters of
the area, if the area contains at least one hundred voters, in a
general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW 29A.04.330.
Notice of the election shall be given as provided in RCW 35A.14.070 and
the election shall be conducted as provided in the general election
law. If the area to be annexed contains less than one hundred voters,
at least a majority of the voters in the area to be annexed must give
their written consent to the annexation.
(4) 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. 15 RCW 35A.14.297 and 1967 ex.s. c 119 s 35A.14.297 are each
amended to read as follows:
On the date set for hearing as provided in RCW 35A.14.295,
residents or property owners of the area included in the resolution for
annexation shall be afforded an opportunity to be heard. ((The
legislative body may provide by ordinance for annexation of the
territory described in the resolution, but the effective date of the
ordinance shall be not less than forty-five days after the passage
thereof. The legislative body shall cause notice of the proposed
effective date of the annexation, together with a description of the
property to be annexed, to be published at least once each week for two
weeks subsequent to passage of the ordinance, in one or more newspapers
of general circulation within the city and in one or more newspapers of
general circulation within the area to be annexed. If the annexation
ordinance provides for assumption of indebtedness or adoption of a
proposed zoning regulation, the notice shall include a statement of
such requirements. Such annexation ordinance shall be subject to
referendum for forty-five days after the passage thereof. Upon the
filing of a timely and sufficient referendum petition as provided in
RCW 35A.14.299 below, a referendum election shall be held as provided
in RCW 35A.14.299, and the annexation shall be deemed approved by the
voters unless a majority of the votes cast on the proposition are in
opposition thereto. After the expiration of the forty-fifth day from,
but excluding the date of passage of the annexation ordinance, if no
timely and sufficient referendum petition has been filed, as provided
by RCW 35A.14.299 below)) After approval by a majority of the voters in
the area, the area annexed shall become a part of the code city upon
the date fixed in the ordinance of annexation.
Sec. 16 RCW 35A.14.299 and 2006 c 344 s 25 are each amended to
read as follows:
((Such annexation ordinance as provided for in RCW 35A.14.297 shall
be subject to referendum for forty-five days after the passage thereof.
Upon the filing of a timely and sufficient referendum petition with the
legislative body, signed by qualified electors in number equal to not
less than ten percent of the votes cast in the last general state
election in the area to be annexed, the question of annexation shall be
submitted to the voters of such area in a general election if one is to
be held within ninety days or at a special election called for that
purpose according to RCW 29A.04.330. Notice of such election shall be
given as provided in RCW 35A.14.070 and the election shall be conducted
as provided in RCW 35A.29.151. The annexation shall be deemed approved
by the voters unless a majority of the votes cast on the proposition
are in opposition thereto.)) From and after ((
After the expiration of the forty-fifth day from but excluding the
date of passage of the annexation ordinance, if no timely and
sufficient referendum petition has been filed, the area annexed shall
become a part of the code city upon the date fixed in the ordinance of
annexation.such)) the date fixed in the ordinance
of annexation, if the ordinance so provided, property in the annexed
area shall be subject to the proposed zoning regulation prepared and
filed for such area as provided in RCW 35A.14.330 and 35A.14.340. If
the ordinance so provided, all property within the area annexed shall
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
any then outstanding indebtedness of such city contracted prior to, or
existing at, the date of annexation.
Sec. 17 RCW 35A.14.300 and 1981 c 332 s 7 are each amended to
read as follows:
Legislative bodies of code cities may by a majority vote annex
territory outside the limits of such city whether contiguous or
noncontiguous for any municipal purpose when such territory is owned by
the city. At least a majority of the registered voters in the
unincorporated area to be annexed must give their written consent to
the annexation.
Sec. 18 RCW 35A.14.310 and 1985 c 105 s 1 are each amended to
read as follows:
A code city may annex an unincorporated area contiguous to the city
that is owned by the federal government by adopting an ordinance
providing for the annexation and which ordinance either acknowledges an
agreement of the annexation by the government of the United States, or
accepts a gift, grant, or lease from the government of the United
States of the right to occupy, control, improve it or sublet it for
commercial, manufacturing, or industrial purposes: PROVIDED, That this
right of annexation shall not apply to any territory more than four
miles from the corporate limits existing before such annexation.
Whenever a code city proposes to annex territory under this section,
the city shall provide written notice of the proposed annexation to the
legislative authority of the county within which such territory is
located. The notice shall be provided at least thirty days before the
city proposes to adopt the annexation ordinance. The city shall not
adopt the annexation ordinance, and the annexation shall not occur
under this section, if within twenty-five days of receipt of the
notice, the county legislative authority adopts a resolution opposing
the annexation, which resolution makes a finding that the proposed
annexation will have an adverse fiscal impact on the county or road
district. At least a majority of the registered voters in the
unincorporated area to be annexed or all of the owners of the real
property in the unincorporated area to be annexed must give their
written consent to the annexation.
Sec. 19 RCW 35A.14.460 and 2003 c 299 s 3 are each amended to
read as follows:
(1) The legislative body of a county or code city planning under
chapter 36.70A RCW and subject to the requirements of RCW 36.70A.215
may initiate an annexation process for unincorporated territory by
adopting a resolution commencing negotiations for an interlocal
agreement as provided in chapter 39.34 RCW between a county and any
code city within the county. The territory proposed for annexation
must meet the following criteria: (a) Be within the code city urban
growth area designated under RCW 36.70A.110, and (b) at least sixty
percent of the boundaries of the territory proposed for annexation must
be contiguous to the annexing code city or one or more cities or towns.
(2) If the territory proposed for annexation has been designated in
an adopted county comprehensive plan as part of an urban growth area,
urban service area, or potential annexation area for a specific city,
or if the urban growth area territory proposed for annexation has been
designated in a written agreement between a city and a county for
annexation to a specific city or town, the designation or designations
shall receive full consideration before a city or county may initiate
the annexation process provided for in RCW 35A.14.470.
(3) The agreement shall describe the boundaries of the territory to
be annexed. A public hearing shall be held by each legislative body,
separately or jointly, before the agreement is executed. Each
legislative body holding a public hearing shall, separately or jointly,
publish the agreement at least once a week for two weeks before the
date of the hearing in one or more newspapers of general circulation
within the territory proposed for annexation.
(4) The question of annexation shall be submitted to the voters of
the area, if the area contains at least one hundred voters, in a
general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW 29A.04.330.
Notice of the election shall be given as provided in RCW 35A.14.070 and
the election shall be conducted as provided in the general election
law. If the area to be annexed contains less than one hundred voters,
at least a majority of the voters in the area to be annexed must give
their written consent to the annexation.
(5) Following adoption and execution of the agreement by both
legislative bodies and approval by a majority of the voters in the
area, the city legislative body shall adopt an ordinance providing for
the annexation of the territory described in the agreement. ((The
legislative body shall cause notice of the proposed effective date of
the annexation, together with a description of the property to be
annexed, to be published at least once each week for two weeks
subsequent to passage of the ordinance, in one or more newspapers of
general circulation within the city and in one or more newspapers of
general circulation within the territory to be annexed. If the
annexation ordinance provides for assumption of indebtedness or
adoption of a proposed zoning regulation, the notice shall include a
statement of the requirements.)) Any territory to be annexed through
an ordinance adopted under this section is annexed and becomes a part
of the city upon the date fixed in the ordinance of annexation((, which
date may not be fewer than forty-five days after adoption of the
ordinance)).
Sec. 20 RCW 35A.14.470 and 2006 c 344 s 26 are each amended to
read as follows:
(1) The legislative body of any county planning under chapter
36.70A RCW and subject to the requirements of RCW 36.70A.215 may
initiate an annexation process with the legislative body of any other
cities or towns that are contiguous to the territory proposed for
annexation in RCW 35A.14.460 if:
(a) The county legislative body initiated an annexation process as
provided in RCW 35A.14.460; and
(b) The affected city legislative body adopted a responsive
resolution rejecting the proposed annexation or declined to create the
requested interlocal agreement with the county; or
(c) More than one hundred eighty days have passed since adoption of
a county resolution as provided for in RCW 35A.14.460 and the parties
have not adopted or executed an interlocal agreement providing for the
annexation of unincorporated territory. The legislative body for
either the county or an affected city may, however, pass a resolution
extending the negotiation period for one or more six-month periods if
a public hearing is held and findings of fact are made prior to each
extension.
(2) Any county initiating the process provided for in subsection
(1) of this section must do so by adopting a resolution commencing
negotiations for an interlocal agreement as provided in chapter 39.34
RCW between the county and any city or town within the county. The
annexation area must be within an urban growth area designated under
RCW 36.70A.110 and at least sixty percent of the boundaries of the
territory to be annexed must be contiguous to one or more cities or
towns.
(3) The agreement shall describe the boundaries of the territory to
be annexed. A public hearing shall be held by each legislative body,
separately or jointly, before the agreement is executed. Each
legislative body holding a public hearing shall, separately or jointly,
publish the agreement at least once a week for two weeks before the
date of the hearing in one or more newspapers of general circulation
within the territory proposed for annexation.
(4) The question of annexation shall be submitted to the voters of
the area, if the area contains at least one hundred voters, in a
general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW 29A.04.330.
Notice of the election shall be given as provided in RCW 35A.14.070 and
the election shall be conducted as provided in the general election
law. If the area to be annexed contains less than one hundred voters,
at least a majority of the voters in the area to be annexed must give
their written consent to the annexation.
(5) Following adoption and execution of the agreement by both
legislative bodies and approval by a majority of the voters in the
area, the city or town legislative body shall adopt an ordinance
providing for the annexation. ((The legislative body shall cause
notice of the proposed effective date of the annexation, together with
a description of the property to be annexed, to be published at least
once each week for two weeks subsequent to passage of the ordinance, in
one or more newspapers of general circulation within the city and in
one or more newspapers of general circulation within the territory to
be annexed. If the annexation ordinance provides for assumption of
indebtedness or adoption of a proposed zoning regulation, the notice
shall include a statement of the requirements.)) Any area 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 less than forty-five days after
adoption of the ordinance.)).
(5) The annexation ordinances provided for in RCW 35A.14.460(4) and
subsection (4) of this section are subject to referendum for forty-five
days after passage. Upon the filing of a timely and sufficient
referendum petition with the legislative body, signed by registered
voters in number equal to not less than fifteen percent of the votes
cast in the last general state election in the area to be annexed, the
question of annexation shall be submitted to the voters of the area in
a general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW 29A.04.330.
Notice of the election shall be given as provided in RCW 35A.14.070 and
the election shall be conducted as provided in the general election
law. The annexation shall be deemed approved by the voters unless a
majority of the votes cast on the proposition are in opposition
thereto.
After the expiration of the forty-fifth day from but excluding the
date of passage of the annexation ordinance, if no timely and
sufficient referendum petition has been filed, the area annexed shall
become a part of the city or town upon the date fixed in the ordinance
of annexation
(6) If more than one city or town adopts interlocal agreements
providing for annexation of the same unincorporated territory as
provided by this section, an election shall be held in the area to be
annexed pursuant to RCW 35A.14.070. In addition to the provisions of
RCW 35A.14.070, the ballot shall also contain a separate proposition
allowing voters to cast votes in favor of annexation to any one city or
town participating in an interlocal agreement as provided by this
section. If a majority of voters voting on the proposition vote
against annexation, the proposition is defeated. If, however, a
majority of voters voting in the election approve annexation, the area
shall be annexed to the city or town receiving the highest number of
votes among those cast in favor of annexation.
(7) Costs for an election required under subsection (6) of this
section shall be borne by the county.
Sec. 21 RCW 35A.14.480 and 2009 c 60 s 9 are each amended to read
as follows:
(1)(a) An annexation by a code city proposing to annex territory
served by one or more fire protection districts may be accomplished by
ordinance after entering into an interlocal agreement as provided in
chapter 39.34 RCW with the county and the fire protection district or
districts that have jurisdiction over the territory proposed for
annexation.
(b) A code city proposing to annex territory shall initiate the
interlocal agreement process by sending notice to the fire protection
district representative and county representative stating the code
city's interest to enter into an interlocal agreement negotiation
process. The parties have forty-five days to respond in the
affirmative or negative. A negative response must state the reasons
the parties do not wish to participate in an interlocal agreement
negotiation. A failure to respond within the forty-five day period is
deemed an affirmative response and the interlocal agreement negotiation
process may proceed. The interlocal agreement process may not proceed
if any negative responses are received within the forty-five day
period.
(c) The interlocal agreement must describe the boundaries of the
territory proposed for annexation and must be consistent with the
boundaries identified in an ordinance describing the boundaries of the
territory proposed for annexation and setting a date for a public
hearing on the ordinance. If the boundaries of the territory proposed
for annexation are agreed to by all parties, a notice of intention must
be filed with the boundary review board created under RCW 36.93.030.
However, the jurisdiction of the board may not be invoked as described
in RCW 36.93.100 for annexations that are the subject of such
agreement.
(2) An interlocal annexation agreement under this section must
include the following:
(a) A statement of the goals of the agreement. Goals must include,
but are not limited to:
(i) The transfer of revenues and assets between the fire protection
district and the code city;
(ii) A consideration and discussion of the impact to the level of
service of annexation on the unincorporated area, and an agreement that
the impact on the ability of fire protection and emergency medical
services within the incorporated area must not be negatively impacted
at least through the budget cycle in which the annexation occurs;
(iii) A discussion with fire protection districts regarding the
division of assets and its impact to citizens inside and outside the
newly annexed area;
(iv) Community involvement, including an agreed upon schedule of
public meetings in the area or areas proposed for annexation;
(v) Revenue sharing, if any;
(vi) Debt distribution;
(vii) Capital facilities obligations of the code city, county, and
fire protection districts;
(viii) An overall schedule or plan on the timing of any annexations
covered under this agreement; and
(ix) A description of which of the annexing code cities'
development regulations will apply and be enforced in the area.
(b) The subject areas and policies and procedures the parties agree
to undertake in annexations. Subject areas may include, but are not
limited to:
(i) Roads and traffic impact mitigation;
(ii) Surface and storm water management;
(iii) Coordination and timing of comprehensive plan and development
regulation updates;
(iv) Outstanding bonds and special or improvement district
assessments;
(v) Annexation procedures;
(vi) Distribution of debt and revenue sharing for annexation
proposals, code enforcement, and inspection services;
(vii) Financial and administrative services; and
(viii) Consultation with other service providers, including water-sewer districts, if applicable.
(c) A term of at least five years, which may be extended by mutual
agreement of the code city, the county, and the fire protection
district.
(3) If the fire protection district, annexing code city, and county
reach an agreement on the enumerated goals or if only the annexing code
city and county reach an agreement on the enumerated goals, the
((annexation ordinance may proceed and is not subject to referendum.
If only the annexing code city and county reach an agreement on the
enumerated goals, the code city and county may proceed with annexation
under the interlocal agreement, but the annexation ordinance provided
for in this section is subject to referendum for forty-five days after
its passage. Upon the filing of a timely and sufficient referendum
petition with the legislative body of the code city, signed by
qualified electors in a number not less than ten percent of the votes
cast in the last general state election in the area to be annexed, the
question of annexation must be submitted to the voters of the area in
a general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW 29A.04.330.
Notice of the election must be given as provided in RCW 35A.14.070, and
the election must be conducted as provided in the general election laws
under Title 29A RCW)) question of annexation shall be submitted to the
voters of the area, if the area contains at least one hundred voters,
in a general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW 29A.04.330.
Notice of the election shall be given as provided in RCW 35A.14.070 and
the election shall be conducted as provided in the general election
law. If the area to be annexed contains less than one hundred voters,
at least a majority of the voters in the area to be annexed must give
their written consent to the annexation. The annexation must be deemed
approved by the voters unless a majority of the votes cast on the
proposition are in opposition to the annexation or unless less than a
majority provide their written consent to the annexation.
After the ((expiration of the forty-fifth day from, but excluding,
the date of passage of the annexation ordinance, if a timely and
sufficient referendum petition has not been filed)) approval by a
majority of the voters in the area, the area annexed becomes a part of
the code city upon the date fixed in the ordinance of annexation.
Sec. 22 RCW 35A.14.490 and 2009 c 402 s 5 are each amended to
read as follows:
(1) Territory owned by a county and used for an agricultural fair
as provided in chapter 15.76 ((RCW)) or ((chapter)) 36.37 RCW may only
be annexed to a code city through the method prescribed in this
section.
(a) The legislative body of the city proposing the annexation must
submit a request for annexation and a legal description of the subject
territory to the legislative authority of the county within which the
territory is located.
(b) Upon receipt of the request and description, the county
legislative authority has thirty days to review the proposal and
determine if the annexation proceedings will continue. As a condition
of approval, the county legislative authority may modify the proposal,
but it may not add territory that was not included in the request and
description. Approval of the county legislative authority is a
condition precedent to further proceedings upon the request and there
is no appeal of the county legislative authority's decision.
(c) If the county legislative authority determines that the
proceedings may continue, it must, within thirty days of the
determination, fix a date for a public hearing on the proposal, and
cause notice of the hearing to be published at least once a week for
two weeks prior to the hearing in one or more newspapers of general
circulation in the territory proposed for annexation. The notice must
also be posted in three public places within the subject territory,
specify the time and place of the hearing, and invite interested
persons to appear and voice approval or disapproval of the annexation.
If the annexation proposal provides for assumption of indebtedness or
adoption of a proposed zoning regulation, the notice must include a
statement of these requirements.
(d) If, following the conclusion of the hearing, a majority of the
county legislative authority deems the annexation proposal to be in the
best interest of the county, it may adopt a resolution approving of the
annexation.
(e) The question of annexation shall be submitted to the voters of
the area, if the area contains at least one hundred voters, in a
general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW 29A.04.330.
Notice of the election shall be given as provided in RCW 35A.14.070 and
the election shall be conducted as provided in the general election
law. If the area to be annexed contains less than one hundred voters,
at least a majority of the voters in the area to be annexed must give
their written consent to the annexation.
(f) If, following the county legislative authority's adoption of
the annexation approval resolution and approval by a majority of the
voters in the area, the legislative body of the city proposing
annexation determines to effect the annexation, it must do so by
ordinance. The ordinance: (i) May only include territory approved for
annexation in the resolution adopted under (d) of this subsection; and
(ii) must not exclude territory approved for annexation in the
resolution adopted under (d) of this subsection. Upon passage of the
annexation ordinance, a certified copy must be filed with the
applicable county legislative authority.
(2) Any territory annexed through an ordinance adopted under this
section is annexed and becomes a part of the code city upon the date
fixed in the ordinance.
Sec. 23 RCW 35A.21.210 and 1989 c 84 s 11 are each amended to
read as follows:
(1) The governing bodies of a county and any code city located
therein may by agreement revise any part of the corporate boundary of
the city which coincides with the centerline, edge, or any portion of
a public street, road or highway right-of-way by substituting therefor
a right-of-way line of the same public street, road or highway so as
fully to include or fully to exclude that segment of the public street,
road or highway from the corporate limits of the city. At least a
majority of the registered voters in the unincorporated area to be
annexed or at least a majority of the owners of the real property in
the unincorporated area to be annexed must give their written consent
to the boundary revision.
(2) The revision of a corporate boundary as authorized by this
section shall become effective when approved by ordinance of the city
council and by ordinance or resolution of the county legislative
authority. Such a boundary revision is not subject to potential review
by a boundary review board.
NEW SECTION. Sec. 24 The following acts or parts of acts are
each repealed:
(1) RCW 35.13.1821 (Annexation of unincorporated island of
territory -- Referendum -- Election) and 2006 c 344 s 22 & 1998 c 286 s 2;
and
(2) RCW 35.13.1822 (Annexation of unincorporated island of
territory -- Notice, hearing) and 1998 c 286 s 3.