AN ACT Relating to local government; and amending RCW 35.03.020, 35.03.030, 35A.03.030, 35A.03.080, and 35A.03.110.

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

Sec. 1. Section 35.03.020, chapter 7, Laws of 1965 as amended by section 2, chapter 270, Laws of 1969 ex. sess. and RCW 35.03.020 are each amended to read as follows:

A petition shall first be presented under the provisions of RCW 35.03.005 through 35.03.050 to the county auditor of such county, signed by ((~~at least five hundred~~)) persons who are qualified electors of the county((,)) and residents within the limits of such proposed corporation((~~,which~~)) equal in number to at least ten percent of the votes cast at the last general election in the area. The petition shall set forth and particularly describe the proposed boundaries of such corporation, state the name of the proposed corporation, and state the number of inhabitants therein as nearly as may be, and shall pray that the same may be incorporated under the provisions of this chapter. In addition, the petition may propose that the first regular property tax levy on property within the newly incorporated city be limited to an amount that is less than the amount which could otherwise be lawfully levied after incorporation, but the limit shall not be less than the amount which could have been levied on the property if the area had remained unincorporated. The county auditor shall within thirty days from the time of receiving said petition determine that the legal description of the area proposed to be incorporated is correct and that there is a sufficient number of valid signatures. Upon such determination, the county auditor shall transmit said petitions accompanied by the certificate of sufficiency to the board of county commissioners except that in counties in which a boundary review board exists under chapter 36.93 RCW, said petition and the certificate of sufficiency shall be transmitted to the boundary review board. If a period of sixty days shall elapse from the filing of the said petition with the boundary review board without such board's jurisdiction having been invoked, as provided in RCW 36.93.100, the proposed incorporation shall be deemed to have been approved by the board. Upon presentation of said petition in counties in which there is no boundary review board, the board of county commissioners shall ascertain the number of inhabitants residing within said proposed boundaries. If, in the opinion of the board of county commissioners, the population within such proposed boundaries can be ascertained from the figures compiled from the last federal or state census for said county, such population figures shall be used, otherwise said board of county commissioners shall make an enumeration of all persons residing within said proposed boundaries. If the board of county commissioners shall ascertain that there are twenty thousand or more inhabitants within said proposed boundaries, they shall set a date for hearing on said petition, the same to be published in accordance with the notice required by RCW 29.27.080 prior to such hearing in some newspaper published in said county, together with a notice stating the time and place of the meeting at which said petition will be heard. Such hearing may be adjourned from time to time, not to exceed one month in all, and, on the final hearing, the board of county commissioners shall make such changes in the proposed boundaries as they may find to be proper, but may not enlarge the same, nor reduce the same so that the population therein would be less than twenty thousand inhabitants: PROVIDED, That if the jurisdiction of the boundary review board has been invoked and it has approved the proposed incorporation or has modified it so that the statutory requirements for incorporation have still been satisfied, then the said petition shall not be referred to the board of county commissioners for action and hearing thereon as provided above. Within thirty days after the conclusion of the final hearing on the proposed incorporation before a boundary review board, that board shall file its written decision of approval, modification, or rejection with the board of county commissioners.

Sec. 2. Section 35.03.030, chapter 7, Laws of 1965 as last amended by section 4, chapter 220, Laws of 1975 1st ex. sess. and RCW 35.03.030 are each amended to read as follows:

If no boundary review board has jurisdiction over a proposed incorporation under RCW 35.03.005 through 35.03.050 or such a board's jurisdiction is not invoked within the sixty day period prescribed in RCW 36.93.100, the board of county commissioners shall by resolution, subject to RCW 35.02.170, establish and define the boundaries of such corporation, establish and find the number of inhabitants residing therein and state the name of the proposed corporation as specified in the petition for incorporation. Within ninety days after the passage of said resolution or the filing of the decision of approval or modification of the boundary review board with the board of county commissioners, the board of county commissioners shall cause an election to be called and held within the boundaries so established, said election to be conducted in the manner required for the calling of a special election in Title 29 RCW, as now or hereafter amended, except as otherwise provided in this chapter, for the purpose of (1) determining whether such boundaries so established shall be incorporated ((~~and of~~)), (2) determining whether the first regular property tax levy on property within the newly incorporated city should be limited if and as provided in the petition, and (3) electing fifteen freeholders, who shall have been residents within said boundaries for a period of at least two years preceding their election and qualified electors of the county, for the purpose of framing a charter for said city. Any qualified person may, not earlier than sixty days nor later than thirty days prior to such election, file with the county auditor of said county his declaration of candidacy in writing. The form of ballot at such election shall be "for incorporation," "against incorporation"; and shall contain the names of the candidates for the office of freeholder to be voted upon to frame said charter. If the petition proposed a property tax limit, the ballot shall also provide that in the event a majority of the voters voting on the proposition vote for incorporation, is the voter for the property tax limit or against the property tax limit. No person shall be entitled to vote at such election unless he shall be a qualified elector of said county and shall have resided within the limits of such proposed corporation for at least thirty days next preceding such election.

Sec. 3. Section 35A.03.030, chapter 119, Laws of 1967 ex. sess. and RCW 35A.03.030 are each amended to read as follows:

The petition for incorporation shall contain the plan of government under which the noncharter code city is to operate in the event it is incorporated, which plan shall be one of the plans of government authorized by this title; shall set forth and particularly describe the proposed boundaries of the proposed corporation; state the name of the proposed corporation and the number of inhabitants therein, as nearly as may be, and pray that it may be incorporated. In addition, the petition may propose that the first regular property tax levy on property within the newly incorporated code city be limited to an amount that is less than the amount which could otherwise be lawfully levied after incorporation, but the limit shall not be less than the amount which could have been levied on the property if the area had remained unincorporated.

Sec. 4. Section 35A.03.080, chapter 119, Laws of 1967 ex. sess. and RCW 35A.03.080 are each amended to read as follows:

Upon the date set by the board of county commissioners as provided in RCW 35A.03.060, an election shall be conducted within the area to (1) determine whether it shall be incorporated as a noncharter code city, ((~~and to~~)) (2) determine whether the first regular property tax levy on property within the newly incorporated code city should be limited if and as provided in the petition, and (3) elect officers under the plan of government proposed in the petition.

Sec. 5. Section 35A.03.110, chapter 119, Laws of 1967 ex. sess. and RCW 35A.03.110 are each amended to read as follows:

The ballots shall contain the words "For Incorporation as a Noncharter Code City" and "Against Incorporation as a Noncharter Code City"; and the names of the persons to be voted for to fill the elective offices under the plan proposed. If the petition proposed a property tax limit, the ballot shall also provide that in the event a majority of the voters voting on the proposition vote for incorporation, is the voter for the property tax limit or against the property tax limit. Ballot titles shall be prepared by the county prosecuting attorney as provided in RCW 35A.29.120.