SENATE BILL REPORT

ESHB 1702

BYHouse Committee on Local Government (originally sponsored by Representatives Nutley, Ferguson, Doty, Haugen, Brough and Nelson; by request of Washington State Local Governance Commission)

Revising provisions for annexation for municipal purposes.

House Committe on Local Government

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 24, 1988

Senate Staff:Sam Thompson (786-7754)

AS OF FEBRUARY 23, 1988

BACKGROUND:

Cities and towns are authorized to annex territory through a variety of procedures, including:

(1)  A resolution/election method - a ballot proposition authorizing an annexation is submitted to the voters residing in the area proposed to be annexed upon adoption of a resolution proposing the annexation by the city or town council;

(2)  A petition/election method - a ballot proposition authorizing an annexation is submitted to the voters residing in the area proposed to be annexed after a petition requesting the annexation is submitted by voters residing in the area, and the annexation is accepted by the city or town council;

(3)  A direct petition method - owners of at least 75 percent of the assessed valuation of property in the area proposed to be annexed sign a petition proposing the annexation and the city or town council approves the annexation.

The details of these annexation methods vary between optional municipal code cities and non-code cities and towns.

Code cities are authorized to annex areas of up to 100 acres that have 80 percent or more of their boundaries contiguous with the city.  After a hearing is held on the proposal and an ordinance proposing the annexation is adopted, the annexation will occur after 45 days, unless a petition is signed and filed by at least 10 percent of the number of voters in the area who voted at the last state general election.  The proposed annexation is then subject to voter approval.

State law prohibits a city or town from establishing its boundaries at the centerline of a public street, road or highway.

A city or town council is authorized to condition an annexation on the acceptance of all or part of the indebtedness of the city or town.  Assumption of indebtedness occurs under the petition/election or resolution/election methods of annexation when a ballot proposition is approved by a margin of at least 60 percent, provided that the total number of votes cast is equal to at least forty percent of the number of votes cast in the area at the last preceding general election.

SUMMARY:

The petition/election method of annexation by cities and towns is altered as follows: (1) the signature requirement to initiate an annexation to a non-code city or town is reduced from 20 percent of the voters in the area who cast votes at the last election to 10 percent who voted at the last state general election; and (2) the county must be informed of the date the annexation election will be held.

The direct petition method of annexation by cities and towns is altered as follows: (1) city and town councils are authorized to reject or geographically modify proposed annexations; (2) the signature requirement is reduced from the owners of 75 percent of the assessed value of the property to the owners of 60 percent of the assessed value of property; and (3) cities and towns are authorized to annex territory having 80 percent or more of its boundaries contiguous to the city or town upon the petition of owners of 50 percent of the value of property.

The signature requirement is increased for the number of voters necessary to force an election on the proposed annexation, under the special procedure for code cities to annex areas that are 80 percent or more contiguous to the city, from ten percent of the voters voting at the last general state election to forty percent of the voters voting at the last general state election.  The limitation of this special annexation procedure to areas of 100 or fewer acres is eliminated.

Non-code cities and towns are authorized to annex areas that are 80 percent or more contiguous with the city or town under the same special procedures as a code city.

Cities and towns are authorized to provide public information on the effects of a pending annexation.

A city or town council can combine the ballot petition authorizing an election under the petition/election or resolution/election methods of annexation with the ballot proposition authorizing acceptance of all or part of the indebtedness of the city or town.

A process is established to adjust city or town boundary lines when one city or town has a boundary line within a right-of-way and another city or town annexes or incorporates up to this boundary line, and when all or a portion of a right-of-way currently separates two cities or towns.

Cities or towns and counties are authorized to agree upon moving a city or town boundary that is within a right-of-way to one side or the other side of the right-of-way.

A portion of a county road that is immediately outside of a city is annexed into the city if it does not directly connect to other portions of the county road system.

A city that has been annexed by a fire district may enter into a joint service agreement with that fire district and another fire district that has territory annexed by the city.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Effective Date:The bill contains an emergency clause and takes effect immediately.