S-1602               _______________________________________________

                                                   SENATE BILL NO. 3791

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Patterson, Garrett and Zimmerman

Read first time 2/6/85 and referred to Committee on Governmental Operations.

AN ACT Relating to the consolidation of cities and towns; amending RCW 35.10.200 and 35.10.211; repealing RCW 35A.05.170; and declaring an emergency.

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

        Sec. 1.  Section 35.10.200, chapter 7, Laws of 1965 as amended by section 1, chapter 89, Laws of 1969 ex. sess. and RCW 35.10.200 are each amended to read as follows:

(1) Two or more contiguous municipal corporations located in the same or different counties may become consolidated into one corporation after proceeding as required by this chapter either by consolidation or annexation by a city or town of all or a portion of another city or town.  When municipal corporations are separated by water and/or tide or shore lands upon which no bona fide residence is maintained by any person, they shall be deemed contiguous for all the purposes of this chapter, and may be consolidated under the terms hereof, and upon such consolidation any such intervening water and/or tide or shore lands shall become a part of the consolidated corporation.  Notwithstanding chapter 35.01 RCW and RCW 35.02.010 in the event of ((such)) a consolidation((, the consolidated city shall have the same classification as the former corporation having the largest population and)) by annexation proceedings, the annexing city shall retain its same classification regardless of population.

(2) Notwithstanding any provision of Title 35A RCW, whenever any of such contiguous municipal corporations is a city of an optional class created by Title 35A RCW, the consolidation of such contiguous corporations may proceed under this chapter or any alternative chapter in Title 35 RCW.

        Sec. 2.  Section 2, chapter 89, Laws of 1969 ex. sess. as amended by section 2, chapter 8, Laws of 1984 and RCW 35.10.211 are each amended to read as follows:

          (((1))) The legislative body of ((either)) any of such contiguous corporations, upon receiving ((such)) a sufficient petition, as determined by the rules set forth in RCW 35A.10.040, signed by the qualified electors of ((either)) each of such contiguous corporations equal in number to at least one-fifth of the votes cast at the last municipal general elections held ((in such corporation)) therein requesting that a proposition with respect to the consolidation of two or more contiguous corporations be submitted to the voters, shall, within ninety days after receiving it, or the legislative bodies of any contiguous municipal corporations meeting in joint session, may,  upon their own initiative, after having determined by a majority vote of each such legislative body, that such a proposal should be considered by the voters, shall, by joint resolution, cause to be submitted to the electors of each of such corporations, at a special election to be held for that purpose, the proposition of whether such corporations shall be consolidated into one corporation.  The petition or joint resolution ((may provide that the)) shall set forth a consolidation proposition ((may include)) that includes (a) the form of government under which the consolidated city will operate, (b) provision in regard to the assumption of indebtedness if any proposal for the assumption of indebtedness is to appear on the special election ballot, (c) the name of the proposed corporation, ((and)) (d) whether a community municipal corporation shall be created for the smaller city or town as provided in RCW 35.14.010 through 35.14.060, ((or)) and (e) the choice for classification of the proposed corporation, or in the alternative, the petition or joint resolution may provide that any one or more of these items ((may)) will be submitted to the voters as a separate proposition on such special election ballot, in which case the proposed alternatives shall be listed on the petition or joint resolution for each such item.

          (((2) Whenever it is proposed that a first class city and two noncharter code cities, all three with council-manager forms or plans of government, consolidate under this section, the consolidation shall proceed under chapter 35A.05 RCW.  A petition, otherwise valid, that proposes such a consolidation under this section, shall validly authorize the effort to consolidate as provided in this subsection.))

NEW SECTION. Sec. 3.  Section 1, chapter 8, Laws of 1984 and RCW 35A.05.170 are each repealed.

NEW SECTION. Sec. 4.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.