H-804                _______________________________________________

                                                    HOUSE BILL NO. 230

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Unsoeld, Allen, May, Haugen, Nutley, Fisher, Hine and Baugher

Read first time 1/22/87 and referred to Committee on Local Government.

AN ACT Relating to annexation of unincorporated areas; amending RCW 36.93.090; adding a new section to chapter 35.13 RCW; and adding a new section to chapter 35A.14 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 35.13 RCW to read as follows:

          All unincorporated areas that as of January 1, 1987, lie wholly within the boundaries of any city or town shall  become part of the city or town within whose boundaries the unincorporated area lies, and shall be incorporated as of the effective date of this act into the city or town without any action by the city or town council required.  Land which is owned by a county and used for the purposes of an agricultural fair under chapter 15.76 or 36.37 RCW, or a county park, however, shall not be annexed without the consent of a majority of the members of the legislative authority of the county which owns the land.  For purposes of this section, an unincorporated area which is completely bounded by both a state boundary, or a body or bodies of navigable water, and the particular city or town is not considered to lie wholly within the boundaries of a city or town.

NEW SECTION. Sec. 2.  A new section is added to chapter 35A.14 RCW to read as follows:

          All unincorporated areas that as of January 1, 1987, lie wholly within the boundaries of any code city shall become part of the code city within whose boundaries the unincorporated area lies, and shall be incorporated as of the effective date of this act into the code city without any action by the city council required.  Land which is owned by a county and used for the purposes of an agricultural fair under chapter 15.76 or 36.37 RCW, or a county park, however, shall not be annexed without the consent of a majority of the members of the legislative authority of the county which owns the land.  For purposes of this section, an unincorporated area which is completely bounded by both a state boundary, or a body or bodies of navigable water, and the particular code city is not considered to lie wholly within the boundaries of a code city.

        Sec. 3.  Section 7, chapter 10, Laws of 1982 as amended by section 28, chapter 281, Laws of 1985 and RCW 36.93.090 are each amended to read as follows:

          Whenever any of the following described actions are proposed in a county in which a board has been established, the initiators of the action shall file within one hundred eighty days a notice of intention with the board, which may review any such proposed actions pertaining to:

          (1) The:  (a) Creation, incorporation, or change in the boundary, other than a consolidation, of any city, town, or special purpose district; (b) consolidation of special purpose districts, but not including consolidation of cities and towns; or (c) dissolution or disincorporation of any city, town, or special purpose district, except that a board may not review  the dissolution or disincorporation of a special purpose district which was dissolved or disincorporated pursuant to the provisions of chapter 36.96 RCW or the change in the boundary of any city or town as provided in section 1 or 2 of this 1987 act; or

          (2) The assumption by any city or town of all or part of the assets, facilities, or indebtedness of a special purpose district which lies partially within such city or town; or

          (3) The establishment of or change in the boundaries of a mutual water and sewer system or separate sewer system by a water district pursuant to RCW 57.08.065 or chapter 57.40 RCW, as now or hereafter amended; or

          (4) The establishment of or change in the boundaries of a mutual sewer and water system or separate water system by a sewer district pursuant to RCW 56.20.015 or chapter 56.36 RCW, as now or hereafter amended; or

          (5) The extension of permanent water or sewer service outside of its existing corporate boundaries by a city, town, or special purpose district.