HOUSE BILL REPORT

ESHB 1078

BYHouse Committee on Local Government (originally sponsored by Representatives Nutley, Ferguson and Nelson)

Changing provisions relating to local government boundary adjustments.

House Committe on Local Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (13)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Nelson, Nutley, Phillips, Rayburn, Todd, Wolfe, Wood and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE MARCH 14, 1989

BACKGROUND:

Cities are authorized to annex territory through a variety of procedures, including a petition/election method and resolution/election method, that involve voter approval of a ballot proposition to authorize the proposed annexation, and a direct property owner petition method that does not involve an election.  A city may condition an annexation of territory on voters approving a ballot proposition providing for the acceptance of a percentage of the city's indebtedness.

Legislation was enacted in 1975 prohibiting city annexations or incorporations using the centerline of a right-of-way as a portion of the city boundary, and to permit a county and a city to revise that portion of the city boundary coinciding with a centerline of a right-of-way by moving the boundary to either edge of the right-of-way.

Boundary review boards are established in class A and AA counties (King, Pierce, Spokane, and Snohomish) and may be established in other counties.  King County has an eleven member board, while all other boards have five members.  If the jurisdiction of a boundary review board is invoked, the boundary review board reviews proposed boundary changes of cities, and certain special districts, including incorporations, annexations, de- annexations, consolidations, disincorporations, and extensions of sewer or water service by the local government beyond its boundaries.  Members of the boundary review board are appointed by the governor.  Depending on the size of the boundary review board, an appointee or appointees are made by the governor from nominees of the county, an appointee or appointees are made by the governor from nominees of the cities in the county, an appointee or appointees are made by the governor from nominees of special districts in the county, and the governor appoints the remainder of the boundary review board members independently without any formal nominations.

SUMMARY:

The procedure is altered by which appointments are made for persons to sit on boundary review boards.  Instead of having all appointments being made by the governor, a mix of gubernatorial and local appointments is provided.

The terms of office of boundary review board members are reduced from six to four years.  No person may serve on a board for more than eight consecutive years.  Whenever an appointment or appointments have not been made timely, the size of the board is considered to be reduced by one for each position that remains vacant or unappointed.

Other changes are made to boundary review board laws that include:  (1) providing that an approval of a proposed annexation by a boundary review board shall authorize the annexation as it was approved; and (2) referencing the potential of boundary review board review of boundary changes in the statutes of cities and special districts that are subject to potential review by a boundary review board.

A new city boundary could not be located within a right-of-way, except where the boundary runs from one edge of the right-of-way to the other edge of the right-of-way.

The governing bodies of a county and a city may agree to the revision of that portion of the city's boundaries located on the edge or any portion of a right-of-way to include or exclude fully that portion of the right-of-way from the city's boundaries. Such a revision is not subject to potential review by a boundary review board.

A process is provided for two cities to agree upon an adjustment of their boundaries, if the two cities are separated by only all or part of a right-of-way, or the two cities share a common boundary within a right-of-way.  The adjustment would place all of the portion of the right-of-way inside one of the cities.  A mandatory process is provided for the adjustment of similar boundaries between two cities that would arise from a new annexation or incorporation.  Such revisions are not subject to potential review by a boundary review board.

The boundaries of a city may be adjusted to include or exclude that portion of a parcel of land that is partially located inside of a city and partially outside of the city upon the petition of the parcel owner and acceptance by the city.  Such a boundary adjustment shall not be subject to potential review by a boundary review board if the boundary adjustment places the parcel entirely inside or outside of the city and the adjustment is approved by the county legislative authority, where the portion of the parcel that is outside of the city is located in the unincorporated area, or if the boundary adjustment places the parcel entirely inside either of the cities and the adjustment is approved by the council of the other city, where the portion of the parcel that is outside of the city is located in this other city.

A single ballot proposition could combine authorization for an annexation and acceptance of a portion of the city's indebtedness.  The ballot proposition must be by a 60 percent/ 40 percent margin.  However, if the ballot proposition were approved by only a simple majority vote, the city is authorized to permit the annexation without the assumption of indebtedness.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Stan Finkelstein, Association of Washington Cities; Jim Metcalf, Washington State Association of Counties; and Jean Worthen, Boundary Review Boards.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    A long interim subcommittee process developed this measure which essentially is technical in nature.  It is better to have some local appointees on boundary review boards.  It is good to permit the adjustment of city boundaries to wholly include or exclude a parcel that is part in and part out of the city.  It is good to permit the adjustment of city boundaries to one side or the other side of a right-of-way so a single jurisdiction controls both directions of traffic flow on the right-of-way.

House Committee - Testimony Against:      None Presented.