S-3619.1 _______________________________________________
SENATE BILL 6025
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Senators Winsley and Haugen
Read first time 01/10/94. Referred to Committee on Government Operations.
AN ACT Relating to cities and towns; amending RCW 35.16.010, 35.16.020, 35.16.030, 35.16.040, 35.16.050, 35.27.010, and 42.24.180; and adding a new section to chapter 35.16 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 35.16.010 and 1965 c 7 s 35.16.010 are each amended to read as follows:
Upon the filing of a petition ((praying for
an election to submit the question of excluding)) which is sufficient as
determined by RCW 35A.01.040 requesting the exclusion from the boundaries of a
city or town of an area described by metes and bounds or by reference to a
recorded plat or government survey ((from the boundaries of a city or town)),
signed by qualified voters ((thereof)) of the city or town equal
in number to not less than ((one-fifth)) ten percent of the
number of ((votes cast)) voters voting at the last general
municipal election, the city or town ((council)) legislative body
shall ((cause to be submitted)) submit the question to the voters
((by a special election held for that purpose. Such special election shall
not be held within ninety days next preceding any general election)). As
an alternate method, the legislative body of the city or town may by resolution
submit a proposal to the voters for excluding such a described area from the
boundaries of the city or town. The question shall be submitted at the next
general municipal election if one is to be held within one hundred eighty days
or at a special election called for that purpose not less than ninety days nor
more than one hundred eighty days after the certification of sufficiency of the
petition or the passage of the resolution. The petition or resolution
shall set out and describe the territory to be excluded from the ((corporation))
city or town, together with the boundaries of the ((said corporation))
city or town as it will exist after such change is made.
Sec. 2. RCW 35.16.020 and 1985 c 469 s 19 are each amended to read as follows:
Notice of a ((special)) corporate limit
reduction election shall be published ((for)) at least ((four)) once
each week for two consecutive weeks prior to the election in the official
newspaper of the city or town. The notice shall distinctly state the
proposition to be submitted, shall designate specifically the area proposed to
be excluded and the boundaries of the city or town as they would be after the
proposed exclusion of territory therefrom ((and shall require the voters to
cast ballots which)). The ballots shall contain the words "For
reduction of ((corporate)) city limits" and "Against
reduction of ((corporate)) city limits" or words equivalent
thereto. ((This notice shall be in addition to the notice required by
chapter 29.27 RCW.))
Sec. 3. RCW 35.16.030 and 1965 c 7 s 35.16.030 are each amended to read as follows:
((On the Monday next succeeding a special
corporate limit reduction election, the canvassing authority shall proceed to
canvass the returns thereof and)) The election returns shall be
canvassed as provided in RCW 29.13.040. If three-fifths of the votes cast on
the proposition favor the reduction of the corporate limits, the ((council))
legislative body of the city or town, by an order entered on its minutes,
shall ((cause)) direct the clerk to make and transmit to the office
of the secretary of state a certified abstract of the vote. The abstract
shall show the ((whole)) total number of ((electors)) voters
voting, the number of votes cast for reduction and the number of votes cast
against reduction.
Sec. 4. RCW 35.16.040 and 1965 c 7 s 35.16.040 are each amended to read as follows:
((Immediately)) Promptly after
the filing of the abstract of votes with the office of the secretary of
state, the legislative body of the city or town ((council)) shall
adopt an ordinance defining and fixing the corporate limits after excluding the
area as determined by the election. The ordinance shall also describe the
excluded territory by metes and bounds or by reference to a recorded plat or
government survey and declare it no longer a part of the city or town.
Sec. 5. RCW 35.16.050 and 1965 c 7 s 35.16.050 are each amended to read as follows:
((Immediately upon)) A certified copy
of the ordinance defining the reduced city or town limits ((going into
effect, a certified copy thereof)) together with a map showing the corporate
limits as altered shall be filed and recorded in the office of the county
auditor of the county in which the city or town is situated, ((and thereupon
the boundaries shall be as set forth therein)) upon the effective date
of the ordinance. The new boundaries of the city or town shall take effect
immediately after they are filed and recorded with the county auditor.
NEW SECTION. Sec. 6. A new section is added to chapter 35.16 RCW to read as follows:
In regard to franchises previously granted for operation of any public service business or facility within the territory excluded from a city or town by proceedings under this chapter, the rights, obligations, and duties of the legislative body of the county or other political subdivision having jurisdiction over such territory and of the franchise holder shall be as provided in RCW 35.02.160, relating to inclusion of territory by an incorporation.
Sec. 7. RCW 35.27.010 and 1965 c 7 s 35.27.010 are each amended to read as follows:
Every municipal corporation of the fourth class
shall be entitled the "Town of
. . . . . . . . ." (naming it),
and by such name shall have perpetual succession, may sue, and be sued in all
courts and places, and in all proceedings whatever; shall have and use a common
seal, alterable at the pleasure of the town authorities, and may purchase,
lease, receive, hold, and enjoy real and personal property and control ((and)),
lease, sublease, convey, or otherwise dispose of the same for the common
benefit.
Sec. 8. RCW 42.24.180 and 1984 c 128 s 11 are each amended to read as follows:
In order to expedite the payment of claims, the legislative body of any taxing district, as defined in RCW 43.09.260, may authorize the issuance of warrants or checks in payment of claims after the provisions of this chapter have been met and after the officer designated by statute, or, in the absence of statute, an appropriate charter provision, ordinance, or resolution of the taxing district, has signed the checks or warrants, but before the legislative body has acted to approve the claims. The legislative body may stipulate that certain kinds or amounts of claims shall not be paid before the board has reviewed the supporting documentation and approved the issue of checks or warrants in payment of those claims. However, all of the following conditions shall be met before the payment:
(1) The auditing officer and the officer designated to sign the checks or warrants shall each be required to furnish an official bond for the faithful discharge of his or her duties in an amount determined by the legislative body but not less than fifty thousand dollars;
(2) The legislative body shall adopt contracting, hiring, purchasing, and disbursing policies that implement effective internal control;
(3) The legislative body shall provide for its review of the documentation supporting claims paid and for its approval of all checks or warrants issued in payment of claims at its next regularly scheduled public meeting or, for cities and towns, at a regularly scheduled public meeting within one month of issuance; and
(4) The legislative body shall require that if, upon review, it disapproves some claims, the auditing officer and the officer designated to sign the checks or warrants shall jointly cause the disapproved claims to be recognized as receivables of the taxing district and to pursue collection diligently until the amounts disapproved are collected or until the legislative body is satisfied and approves the claims.
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