SENATE BILL REPORT

SHB 1251

BYHouse Committee on Local Government (originally sponsored by Representatives Nutley, Zellinsky, Ferguson, Haugen, Cooper, Phillips, Raiter and Rayburn)

Changing provisions relating to municipal annexations.

House Committe on Local Government

Senate Committee on Governmental Operations

Senate Hearing Date(s):March 30, 1989

Majority Report:  Do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; Conner, Sutherland.

Senate Staff:Sam Thompson (786-7754)

                  March 31, 1989

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 30, 1989

BACKGROUND:

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

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

      (2)A petition/election method in which a ballot proposition is submitted after a petition requesting the annexation is signed by a specified percentage of voters residing in the area and the question is approved for the ballot by the city or town council;

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

Procedures for the annexation of territory by optional municipal code cities differ from procedures specified for other municipalities.

SUMMARY:

Petition/election annexation procedures for all cities and towns are made uniform by altering the petition signature requirement for non-optional municipal code cites from 20 percent of the votes cast in the area proposed to be annexed in the last general election to 10 percent of the votes cast in the area in the last general election.

Petition/election annexation procedures for all cities and towns are altered to: (1) provide that the county auditor certifies the signatures; (2) permit the annexation of contiguous territory that is located in more than a single county; (3) permit the city or town to designate the election at which the ballot proposition is submitted to the voters of the territory for their approval or rejection; and (4) eliminate the requirement that the county prosecuting attorney review the petition and render an opinion as to whether the city or town can take the action requested in the petition.  Optional municipal code cities are permitted to submit a single ballot proposition to voters that authorizes an annexation and an assumption of a portion of the city's indebtedness.

Direct petition annexation procedures for all cities and towns are altered to: (1) reduce the signature requirement from the owners of at least 75 percent of the assessed valuation of property in the area proposed to be annexed to at least 60 percent of the assessed valuation of property; (2) reduce the signature requirement, when the boundaries of the area are 80 percent or more contiguous with a portion of city or town boundaries, from the owners of at least 75 percent of the assessed valuation of property to at least 50 percent of the assessed valuation of property; and (3) permit the city or town to reject or geographically modify the proposed annexation.  The boundary portion of an area that is proposed to be annexed is not included in establishing the 80 percent threshold if the boundary portion is coterminous with part of the boundary between two counties in this state.

Under the unique procedure by which property owners may terminate a proposed annexation by a city with a population of at least 400,000, the signature requirement for a declaration of termination is lowered from the owners of at least 75 percent of property or assessed valuation of property in the area proposed to be annexed to owners of at least 60 percent of property or assessed valuation of property in the area.

Cities and towns are permitted to provide factual information on the effects of a pending annexation.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Representative Bussy Nutley (pro); Senator Murray (pro); Steve Gorcester, Shoreline Committee Against Annexation (pro); Joe Tovar, City of Kirkland (pro); Kent Swisher, Association of Washington Cities (pro); Bill Kasper, City of Edmonds (pro)