AN ACT Relating to city and town boundary changes; adding new sections to chapter 35.13 RCW; adding a new section to chapter 35A.14 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. The purpose of sections 2 through 5 of this act is to establish a process to adjust existing or proposed city boundary lines to avoid a situation where a common boundary line is or would be located within a right of way of a public street, road, or highway, or a situation where two cities are separated or would be separated by only the right of way of a public street, road, or highway.

As used in sections 2 through 5 of this act, "city" includes every city or town in the state, including a city operating under Title 35A RCW.

NEW SECTION. Sec. 2. The boundary lines or proposed boundary lines of two cities shall be adjusted as provided in sections 3, 4, and 5 of this act whenever any of the following circumstances exist:

(1) Two cities have a portion of their boundaries separated only by all or part of the right of way of a public street, road, or highway;

(2) Two cities that are located immediately adjacent to each other share a common boundary within a right of way of a public street, road, or highway; or

(3) A proposed boundary change for a city, arising from a proposed annexation by the city or from a proposed incorporation of a city, would create a situation described in subsection (1) or (2) of this section.

NEW SECTION. Sec. 3. The councils of any two cities in a situation described in section 2(1) or (2) of this act shall enter into an agreement to alter those portions of their boundaries that are necessary to eliminate the situation described and create a partial common boundary on either side of the right of way of the public street, road, or highway. An agreement made under this section shall include only boundary line adjustments between the two cities that are necessary to eliminate the situation described in section 2(1) or (2) of this act.

The agreement must be made by December 31, 1988. Boundary line adjustments under such an agreement take effect on January 1, 1989.

Any two such cities that fail to reach an agreement by January 1, 1989, shall lose the authority to enter into such an agreement, and the legislative authority of the county within which the right of way is located shall adjust the boundaries by March 1, 1989.

NEW SECTION. Sec. 4. The councils of any two cities in a situation described in section 2(3) of this act as the result of a proposed annexation by one of the cities may enter into an agreement to adjust those portions of the annexation proposal and the boundaries of the city that is not proposing the annexation. Such an agreement shall not be effective unless the annexation is made.

The annexation proposal shall proceed if such an agreement is not made, but any resulting boundaries between the two cities that meet the descriptions of either section 2(1) or (2) of this act shall be adjusted by agreement between the two cities within one hundred eighty days of the effective date of the annexation, or the county legislative authority shall adjust the boundaries within the sixty-day period immediately following the one hundred eightieth day.

An agreement or adjustment made by a county under this section shall include only boundary line adjustments between the two cities that are necessary to eliminate the situation described in section 2(1) or (2) of this act.

NEW SECTION. Sec. 5. A boundary review board that reviews the boundaries of a proposed incorporation may enter into an agreement with the council of a city that is in a situation described in section 2(3) of this act as the result of a proposed incorporation of a city to adjust the boundary line of the city or those of the proposed incorporation to avoid a situation described in section 2(1) or (2) of this act if the incorporation were approved by the voters. Such an agreement shall not be effective unless the incorporation occurs.

The incorporation proposal shall proceed if such an agreement is not made, but any resulting boundaries between the two cities that meet the descriptions of either section 2(1) or (2) of this act shall be adjusted by agreement between the two cities within one hundred eighty days of the official date of the incorporation, or the county legislative authority shall adjust the boundaries within the sixty-day period immediately following the one hundred eightieth day.

NEW SECTION. Sec. 6. A city or town may cause a proposition authorizing an area to be annexed to the city or town to be submitted in the same ballot proposition as the question to authorize an assumption of indebtedness. If the measures are combined, the annexation and the assumption of indebtedness shall be authorized only if the proposition is approved by at least three-fifths of the voters of the area proposed to be annexed voting on the proposition, and the number of persons voting on the proposition constitutes not less than forty percent of the total number of votes cast in the area at the last preceding general election.

NEW SECTION. Sec. 7. A new section is added to chapter 35A.14 RCW to read as follows:

A code city may cause a proposition authorizing an area to be annexed to the city to be submitted in the same ballot proposition as the question to authorize an assumption of indebtedness. If the measures are combined, the annexation and the assumption of indebtedness shall be authorized only if the proposition is approved by at least three-fifths of the voters of the area proposed to be annexed voting on the proposition, and the number of persons voting on the proposition constitutes not less than forty percent of the total number of votes cast in the area at the last preceding general election.

NEW SECTION. Sec. 8. Sections 1 through 6 of this act are each added to chapter 35.13 RCW.

NEW SECTION. Sec. 9. 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.