5044-S AMH LG H2415.1
SSB 5044 - H COMM AMD ADOPTED 4-16-93
By Committee on Local Government
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 35.02.010 and 1986 c 234 s 2 are each amended to read as follows:
Any contiguous area
containing not less than ((three hundred)) one thousand
inhabitants lying outside the limits of an incorporated city or town may become
incorporated as a city or town operating under Title 35 or 35A RCW as provided
in this chapter: PROVIDED, That no area which lies within five air miles of
the boundary of any city having a population of fifteen thousand or more shall
be incorporated which contains less than three thousand inhabitants.
Sec. 2. RCW 35.02.020 and 1986 c 234 s 3 are each amended to read as follows:
A petition for
incorporation must be signed by ((qualified)) registered voters
resident within the limits of the proposed city or town equal in number to ten
percent of the ((votes cast)) voters voting at the last state
general election and presented to the auditor of the county in which all, or
the largest portion of, the proposed city or town is located.
Sec. 3. RCW 35.02.090 and 1986 c 234 s 12 are each amended to read as follows:
The elections on the
proposed incorporation and for the nomination and election of the initial
elected officials shall be conducted in accordance with the general election
laws of the state, except as provided in this chapter. No person is entitled
to vote ((thereat)) unless he or she is a ((qualified elector)) registered
voter of the county, or any of the counties in which the proposed city or
town is located, and has resided within the limits of the proposed city or town
for at least thirty days next preceding the date of election.
NEW SECTION. Sec. 4. A new section is added to chapter 35.02 RCW to read as follows:
At the first municipal general election that occurs one year or more after the official date of incorporating a new city or town, an election shall be held to elect city or town elected officials. Candidates for council or commission positions shall run for specific positions.
The staggering of terms of office for councilmembers shall occur at this election, where a simple majority of the persons who are elected receiving the greatest numbers of votes shall be elected to four-year terms of office and the remaining persons who are elected shall be elected to two-year terms of office. Their successors shall be elected to four-year terms of office.
All city or town elected officials shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.
NEW SECTION. Sec. 5. A new section is added to chapter 35.02 RCW to read as follows:
City or town councilmembers in a newly incorporated town or city incorporated under this title shall receive compensation based upon the population of the newly incorporated city or town, as provided in RCW 35A.12.070 and 35A.13.040 for the councilmembers of newly incorporated code cities.
Whenever a commission form of government has been selected for a newly incorporated noncode city with a population of from two thousand to less than thirty thousand, each commissioner shall receive compensation at the same rate that a councilmember would receive compensation under RCW 35A.12.070 based upon the population of the newly incorporated city, but the commissioner who is designated the mayor shall not receive the compensation under RCW 35A.12.070 that is provided for the mayor.
NEW SECTION. Sec. 6. A new section is added to chapter 35.02 RCW to read as follows:
No city or town in a county in which urban growth areas have been designated under RCW 36.70A.110 may incorporate if the proposed incorporation includes territory located beyond an urban growth area.
Sec. 7. RCW 35A.12.070 and 1971 ex.s. c 251 s 5 are each amended to read as follows:
((The salaries of))
Compensation for the mayor and the ((councilmen)) councilmembers
shall be fixed by ordinance and may be revised from time to time by ordinance((,
but any increase in the compensation attaching to an office shall not be
applicable to the term then being served by the incumbent if such incumbent is
a member of the city legislative body fixing his own compensation or as mayor
in a mayor-council code city casts a tie-breaking vote relating to such
ordinance: PROVIDED, That)). Compensation for the mayor may be
increased during the mayor's current term of office if the mayor of such a
city does not cast ((such)) a tie-breaking vote((, his salary
may be increased during his term of office)) to adopt the ordinance
revising the compensation for the mayor.
Until the first
elective officers of a newly organized code city under this
mayor-council plan of government may lawfully be paid the compensation provided
by ((such salary)) an ordinance establishing different levels
of compensation, such officers shall be entitled to be compensated in the
same manner and in the same amount as the compensation paid to officers of such
city performing comparable services immediately prior to adoption of this
mayor-council plan.
Until ((a salary
ordinance can be passed and become effective as to)) elective officers of a
newly incorporated code city may lawfully be paid the compensation provided
by an ordinance establishing different levels of compensation, such first elective
officers shall be entitled to compensation as follows: (1) In cities
having less than five thousand inhabitants, the mayor shall be entitled to a
salary of one hundred ((and)) fifty dollars per calendar month and a ((councilman))
councilmember shall be entitled to twenty dollars per meeting for not
more than two meetings per month; (2) in cities having more than five
thousand but less than fifteen thousand inhabitants, the mayor shall be
entitled to a salary of three hundred ((and)) fifty dollars per calendar
month and a ((councilman)) councilmember shall be entitled to one
hundred ((and)) fifty dollars per calendar month; and (3) in
cities having more than fifteen thousand inhabitants, the mayor shall be
entitled to a salary of twelve hundred ((and)) fifty dollars per
calendar month and a ((councilman)) councilmember shall be
entitled to four hundred dollars per calendar month((: PROVIDED, That such
interim compensation shall remain in effect only until a salary ordinance is
passed and becomes effective as to such officers, and the amounts herein
provided shall not be construed as fixing the usual salary of such officers)).
The mayor and ((councilmen))
councilmembers shall receive reimbursement for their actual and
necessary expenses incurred in the performance of the duties of their office,
or the council by ordinance may provide for a per diem allowance. Procedure
for approval of claims for expenses shall be as provided by ordinance.
Sec. 8. RCW 35A.13.040 and 1979 ex.s. c 18 s 25 are each amended to read as follows:
((The salaries of
the councilmen)) Compensation for councilmembers, including the
mayor, shall be fixed by ordinance and may be revised from time to time by
ordinance((, but any increase or reduction in the compensation attaching to
an office shall not become effective until the expiration of the term then
being served by the incumbent: PROVIDED, That compensation of councilmen may
not be increased or diminished after their election nor may the compensation of
the mayor be increased or diminished after the mayor has been chosen by the
council)).
Until ((councilmen))
councilmembers of a newly((-))organized council-manager code city
may lawfully be paid as provided by ((salary)) an ordinance establishing
different levels of compensation, such ((councilmen)) councilmembers
shall be entitled to compensation in the same manner and in the same amount as
((councilmen)) councilmembers of such city prior to the adoption
of this council-manager plan.
Until ((a salary
ordinance can be passed and become effective as to)) elective officers of a
newly incorporated code city may lawfully be paid the compensation provided
by an ordinance establishing different levels of compensation, the first ((councilmen))
councilmembers shall be entitled to compensation as follows: (1)
In cities having less than five thousand inhabitants((‑-)) the
councilmembers shall be entitled to compensation at a rate of twenty
dollars per meeting for not more than two meetings per month; (2) in
cities having more than five thousand but less than fifteen thousand
inhabitants((‑-)) the councilmembers shall be entitled to
compensation at a salary of one hundred ((and)) fifty dollars per
calendar month; and (3) in cities having more than fifteen thousand
inhabitants((‑-)) the councilmembers shall be entitled to
compensation at a salary of four hundred dollars per calendar month. ((A
councilman)) The councilmember who is occupying the position of
mayor, in addition to ((his)) per day compensation or salary as a
((councilman)) councilmember, shall be entitled, while serving as
mayor, to an additional amount per meeting or per calendar month, or
portion thereof, equal to twenty-five percent of the per meeting
compensation rate or councilmanic salary((: PROVIDED, That such interim
compensation shall remain in effect only until a salary ordinance is passed and
becomes effective as to such officers, and the compensation provided herein
shall not be construed as fixing the usual compensation of such officers)).
((Councilmen)) Councilmembers,
including the mayor, shall receive reimbursement for their actual and necessary
expenses incurred in the performance of the duties of their office, or the
council by ordinance may provide for a per diem allowance. Procedure for
approval of claims for expenses shall be as provided by ordinance.
Sec. 9. RCW 35.13.175 and 1973 1st ex.s. c 164 s 18 are each amended to read as follows:
After the filing of any
petition or resolution for annexation with the ((board of)) county ((commissioners))
legislative authority, or city or town council, and pending its final
disposition as provided for in this chapter, or after the filing of a
petition for the incorporation of a city or town, and pending its final
disposition, no other petition or resolution for annexation or petition for
incorporation which embraces any of the territory included therein shall be
acted upon by the county auditor or the ((board of)) county ((commissioners))
legislative authority, or by any city or town clerk, city or town
council, or by any other public official or body that might otherwise be
empowered to receive or act upon such a petition.
Sec. 10. RCW 35A.14.230 and 1967 ex.s. c 119 s 35A.14.230 are each amended to read as follows:
After the
filing of any petition or resolution for annexation or for an annexation
election with the ((board of)) county ((commissioners)) legislative
authority, the boundary review board or the county annexation review board
for the county or the legislative body of a code city and pending its final
disposition as provided in this chapter, or after the filing of a petition
for the incorporation of a code city and pending its final disposition, no
other petition or resolution for annexation, or petition for
incorporation, which embraces any of the territory included therein shall be
acted upon by any public official or body that might otherwise be empowered to
receive or act upon such a petition or resolution."
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