H-1754.1  _______________________________________________

                          HOUSE BILL 1873

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Boldt, Dunn and Mulliken

Read first time 02/12/97.  Referred to Committee on Government Administration.

Clarifying annexation procedures for cities and towns annexing populated and nonpopulated areas.

    AN ACT Relating to city and town annexations under the direct property owner petition method of annexation; amending RCW 35.13.125, 35.13.130, 35.13.140, 35.13.150, 35.13.160, 35A.14.120, 35A.14.130, 35A.14.140, and 35A.14.150; and repealing RCW 28A.335.110.

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

    Sec. 1.  RCW 35.13.125 and 1990 c 33 s 565 are each amended to read as follows:

    Proceedings for ((the annexation of)) a city or town to annex unincorporated territory ((pursuant to)) contiguous to the city or town, using the procedure specified under RCW 35.13.130((, 35.13.140, 35.13.150, 35.13.160 and)) through 35.13.170 ((shall be commenced)), may commence as provided in this section.

    Prior to ((the circulation of a)) circulating an annexation petition ((for annexation)), the initiating party or parties ((who, except as provided in RCW 28A.335.110,)) shall file a written notice with the legislative body of the city or town indicating their interest in annexing property to the city or town and indicating whether any registered voter lives within the area proposed to be annexed.  The written notice must be ((either not less than ten percent of the residents of the area to be annexed or)) signed by the owners of real property in the area proposed to be annexed comprising not less than ten percent ((in value, according to)) of the total assessed valuation ((for general taxation of the property for which annexation is petitioned, shall notify the legislative body of the city or town in writing of their intention to commence annexation proceedings)) of all real property in the area proposed to be annexed.  If the area proposed to be annexed only includes tax exempt property, including property owned by a school district, the owners of the tax exempt property may sign and file the written notice with the legislative body.

    The legislative body of the city or town shall set a date, not later than sixty days after the filing of the ((request)) notice, for a meeting with the initiating parties to determine:  (1) Whether the city or town will accept, reject, or geographically modify the proposed annexation((,)); (2) whether it shall require the simultaneous adoption of the comprehensive plan, if such a comprehensive plan for the area proposed to be annexed has been prepared and filed ((for the area to be annexed as provided for in)) under RCW 35.13.177 and 35.13.178((,)); and (3) whether it shall require the ((assumption of)) area to assume all or ((of)) any portion of existing city or town indebtedness ((by the area to be annexed.  If the legislative body requires the assumption of all or of any portion of indebtedness and/or the adoption of a comprehensive plan, it shall record this action in its minutes and the petition for annexation shall be so drawn as to clearly indicate this fact)).

Approval by the legislative body shall be a condition precedent to circulation of the annexation petition.  There shall be no appeal from the decision of the legislative body.

    Sec. 2.  RCW 35.13.130 and 1990 c 33 s 566 are each amended to read as follows:

    A written petition ((for annexation of an)) to annex an unincorporated area contiguous to a city or town that was approved for annexation under RCW 35.13.125, may be ((made in writing addressed to and)) filed with the legislative body of the ((municipality to which annexation is desired.  Except where all the property sought to be annexed is property of a school district, and the school directors thereof file the petition for annexation as in RCW 28A.335.110 authorized,)) city or town to which annexation is desired.  The petition must be signed by the owner or owners of real property located within the area proposed to be annexed comprising not less than seventy-five percent ((in value according to)) of the total assessed valuation ((for general taxation of the property for which annexation is petitioned:  PROVIDED, That in cities and towns with populations greater than one hundred sixty thousand located east of the Cascade mountains,)) of all real property in the area proposed to be annexed.  If the area proposed to be annexed only includes tax exempt property, including property owned by a school district, the owner or owners of the tax exempt property may sign ((an)) the annexation petition ((and have the tax exempt property annexed into the city or town, but the value of the tax exempt property shall not be used in calculating the sufficiency of the required property owner signatures unless only tax exempt property is proposed to be annexed into the city or town)).

    The annexation petition shall ((set forth a description of)) describe the property ((according to)) proposed to be annexed using government legal subdivisions or legal plats ((which is in compliance with RCW 35.02.170,)) and shall be accompanied by a ((plat which outlines)) map outlining the boundaries of the property sought to be annexed.  If the legislative body has required ((the assumption of)) all or ((of)) any portion of city or town indebtedness to be assumed by the area proposed to be annexed, ((and/or)) or the adoption of a comprehensive plan for the area to be annexed, these facts((, together with a quotation of the minute entry of such requirement or requirements)) shall be set forth in the annexation petition.

    Sec. 3.  RCW 35.13.140 and 1965 c 7 s 35.13.140 are each amended to read as follows:

    Whenever such a petition for annexation is filed with the legislative body of the city or town ((council, or commission in those cities having a commission form of government, which)) that meets the requirements ((herein)) specified((, of which fact satisfactory proof may be required by the council or commission)) under RCW 35.13.125 and 35.13.130, and is sufficient according to the rules set forth in RCW 35.21.005, the ((council or commission)) legislative body may ((entertain the same, fix a date for)) consider the proposed annexation by holding a public hearing ((thereon and cause)) on the proposal.  Notice of the public hearing ((to)) shall be published in one or more issues of a newspaper of general circulation in the city or town((.  The notice)) and shall also be posted in three public places within the ((territory proposed for annexation, and)) area proposed to be annexed.  Notices shall specify the date, time, and place of the public hearing and invite interested persons to appear and voice approval or disapproval of the annexation.  The expense of publication and posting of the notice shall be borne by the signers of the petition.

    Sec. 4.  RCW 35.13.150 and 1975 1st ex.s. c 220 s 9 are each amended to read as follows:

    Following the public hearing, the ((council or commission shall determine by)) legislative body may adopt an ordinance ((whether annexation shall)) providing for the annexation if it determines the annexation should be made.  Subject to boundary restrictions provided under RCW 35.02.170, ((they)) the ordinance may annex all or any portion of the proposed area but may not include ((in the annexation)) any property not described in the petition.  ((Upon passage of the)) If the legislative body adopts an ordinance to annex all or a portion of the area, it shall file a certified copy ((shall be filed)) of the ordinance with the ((board of county commissioners)) county legislative authority of the county in which the annexed property is located.  If a boundary review board exists in the county in which the area proposed to be annexed is located, the legislative body shall also file a notice of the proposed annexation with that boundary review board as provided under RCW 36.93.090.

    Sec. 5.  RCW 35.13.160 and 1973 1st ex.s. c 164 s 13 are each amended to read as follows:

(1) Unless the jurisdiction of the boundary review board has been invoked, the area described in the ordinance shall become part of the city or town effective upon the date fixed for the annexation in the annexation ordinance ((of annexation the area annexed shall become part of the city or town)) if no registered voter resides in the area, but in all other instances the city or town legislative body shall call a special election and submit a ballot proposition authorizing the annexation to voters residing in the area.  If the ballot proposition is approved by a simple majority vote of voters voting on the proposition, the area shall become part of the city or town at a date specified by the city or town legislative body.

(2) If the boundary review board approves the annexation as submitted, the area described in the ordinance shall become part of the city or town effective upon the date fixed for the annexation in an ordinance adopted by the legislative body if no registered voter resides in the area, but in all other instances the city or town legislative body shall call a special election and submit a ballot proposition authorizing the annexation to the voters residing in the area.  If the ballot proposition is approved by a simple majority vote of voters voting on the proposition, the area shall become part of the city or town at the date specified by the city or town legislative body.

If the boundary review board modifies and approves the annexation, the area so altered shall become part of the city or town, upon the date fixed for the modified annexation in a subsequent ordinance adopted by the legislative body approving the modified annexation if no registered voter resides in the area.  However in all other instances the annexation shall not occur unless voters residing in the area approve a ballot proposition authorizing the annexation that has been submitted at a special election called by the legislative body.  If voters approve the ballot proposition, the area shall become part of the city or town at the date specified by the city or town legislative body.

(3) If the annexation petition so provided, all property within the ((territory hereafter)) area that is annexed shall((, if the annexation petition so provided,)) be assessed and taxed at the same rate and on the same basis as the property of such annexing city or town is assessed and taxed to pay for all or of any portion of the then- outstanding indebtedness of the city or town to which ((said)) the area is annexed, which indebtedness was approved by ((the)) city or town voters, contracted, or incurred prior to, or existing at, the date of annexation.  If the annexation petition so provided, all property in the annexed area shall be subject to and a part of the comprehensive plan as prepared and filed as provided for in RCW 35.13.177 and 35.13.178.

    Sec. 6.  RCW 35A.14.120 and 1989 c 351 s 6 are each amended to read as follows:

(1) Proceedings for ((initiating annexation of)) a code city to annex unincorporated territory contiguous to ((a charter code city or noncharter)) the code city may be commenced by the filing of a petition ((of)) with the legislative body of the code city that is signed by property owners ((of the territory proposed to be annexed, in the following manner)) as provided in this section.  This method of annexation shall be alternative to other methods provided in this chapter.

(2) Prior to ((the circulation of a)) circulating an annexation petition ((for annexation)), the initiating party or parties((, who shall be)) shall file a written notice with the legislative body of the code city indicating their interest in annexing property to the city and indicating whether any registered voter resides in the area.  The written notice must be signed by the owners of real property in the area proposed to be annexed comprising not less than ten percent ((in value, according to)) of the total assessed valuation ((for general taxation of the property for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings)) of all real property in the area proposed to be annexed.  If the area proposed to be annexed only includes tax exempt property, including property owned by a school district, the owners of the tax exempt property may file the written notice with the legislative body.

    The legislative body of the code city shall set a date, not later than sixty days after the filing of the ((request)) notice, for a meeting with the initiating parties to determine:  (a) Whether the code city will accept, reject, or geographically modify the proposed annexation((,)); (b) whether it shall require the simultaneous adoption of a proposed zoning regulation, if such a proposal has been prepared and filed for the area proposed to be annexed as provided for in RCW 35A.14.330 and 35A.14.340((,)); and (c) whether it shall require the ((assumption of)) area to assume all or ((of)) any portion of existing city indebtedness ((by the area to be annexed.  If the legislative body requires the assumption of all or of any portion of indebtedness and/or the adoption of a proposed zoning regulation, it shall record this action in its minutes and the petition for annexation shall be so drawn as to clearly indicate these facts)).

    Approval by the legislative body shall be a condition precedent to circulation of the annexation petition.  There shall be no appeal from the decision of the legislative body.

(3) A written petition ((for annexation of)) to annex an unincorporated area contiguous to a code city, that was approved for annexation under subsection (2) of this section, may be filed with the legislative body of the ((municipality)) code city to which annexation is desired.  ((It)) The petition must be signed by the owner or owners, as defined by RCW 35A.01.040(9) (a) through (d), of real property located within the area proposed to be annexed comprising not less than sixty percent ((in value, according to)) of the total assessed valuation ((for general taxation of the property for which annexation is petitioned:  PROVIDED, That)) of all real property in the area proposed to be annexed.  If the area proposed to be annexed only includes tax exempt property, including property owned by a school district, the owner or owners of the tax exempt property may sign the annexation petition.

However, a petition ((for annexation of)) to annex an area ((having)), with boundaries that are at least eighty percent ((of the boundaries of such area)) contiguous with a portion of the boundaries of the code city((, not including that portion of the boundary of the area proposed to be annexed that is coterminous with a portion of the boundary between two counties in this state,)) need only be signed by ((only)) the owner or owners of real property located within the area proposed to be annexed comprising not less than fifty percent ((in value according to the assessed valuation for general taxation)) of all the real property ((for which the annexation is petitioned)) in that area.  Any portion of the boundary of such an area that is coterminous with the boundaries of two counties in this state shall not be included in determining whether at least eighty percent of the boundaries of the area proposed to be annexed are contiguous with a portion of the code city's boundaries.

    ((Such)) The annexation petition shall ((set forth a description of the property according to)) describe the property proposed to be annexed using government legal subdivisions or legal plats and shall be accompanied by a map ((which outlines)) outlining the boundaries of the property ((sought)) proposed to be annexed.  If the legislative body has required ((the assumption of)) all or any portion of city indebtedness to be assumed by the area proposed to be annexed or the adoption of a proposed zoning regulation for the area to be annexed, these facts((, together with a quotation of the minute entry of such requirement, or requirements,)) shall also be set forth in the annexation petition.

    Sec. 7.  RCW 35A.14.130 and 1967 ex.s. c 119 s 35A.14.130 are each amended to read as follows:

    Whenever such a petition for annexation is filed with the legislative body of a code city((, which petition)) that meets the requirements ((herein)) specified under RCW 35A.14.120, and is sufficient according to the rules set forth in RCW 35A.01.040, the legislative body may ((entertain the same, fix a date for)) consider the proposed annexation by holding a public hearing ((thereon and cause)) on the proposal.  Notice of the public hearing ((to)) shall be published in one or more issues of a newspaper of general circulation in the code city((.  The notice)) and shall also be posted in three public places within the ((territory proposed for annexation, and)) area proposed to be annexed.  Notices shall specify the date, time, and place of the public hearing and invite interested persons to appear and voice approval or disapproval of the annexation.  The expense of publication and posting shall be borne by the signers of the petition.

    Sec. 8.  RCW 35A.14.140 and 1986 c 234 s 31 are each amended to read as follows:

    Following the public hearing, ((if)) the legislative body may adopt an ordinance providing for the annexation if it determines ((to effect)) the annexation((, they shall do so by ordinance)) should be made.  Subject to boundary restrictions provided under RCW 35.02.170, the ordinance may annex all or any portion of the proposed area, but may not include ((in the annexation)) any property not described in the petition.  ((Upon passage of the annexation)) If the legislative body adopts an ordinance to annex all or a portion of the area, it shall file a certified copy ((shall be filed)) of the ordinance with the ((board of county commissioners)) county legislative authority of the county in which the annexed property is located.  If a boundary review board exists in the county in which the area proposed to be annexed is located, the legislative body shall also file a notice of the proposed annexation with that boundary review board as provided under RCW 36.93.090.

    Sec. 9.  RCW 35A.14.150 and 1979 ex.s. c 124 s 9 are each amended to read as follows:

(1) Unless the jurisdiction of the boundary review board has been invoked, the area described in the ordinance shall become part of the code city effective upon the date fixed for the annexation in the  annexation ordinance ((of annexation the area annexed shall become part of the city)) if no registered voter resides in the area, but in all other instances the code city legislative body shall call a special election and submit a ballot proposition authorizing the annexation to the voters residing in the area.  If the ballot proposition is approved by a simple majority vote of voters voting on the proposition, the area shall become part of the code city at the date specified by the code city legislative body.

(2) If the boundary review board approves the annexation as submitted, the area described in the ordinance shall become part of the code city effective upon the date fixed for the annexation in an ordinance adopted by the legislative body if no registered voter resides in the area, but in all other instances the code city legislative body shall call a special election and submit a ballot proposition authorizing the annexation to voters residing in the area.  If the ballot proposition is approved by a simple majority vote of voters voting on the proposition, the area shall become part of the code city at a date specified by the code city legislative body.

If the boundary review board modifies and approves the annexation, the area so altered shall become part of the code city upon the date fixed for the modified annexation in a subsequent ordinance adopted by the legislative body approving the modified annexation if no registered voter resides in the area.  However in all other instances the annexation shall not occur unless voters residing in the area approve a ballot proposition authorizing the annexation that has been submitted at a special election called by the code city legislative body.  If voters approve the ballot proposition, the area shall become part of the code city at the date specified by the code city legislative body.

(3) If the annexation petition so provided, all property within the ((territory hereafter)) area that is annexed shall((, if the annexation petition so provided,)) be assessed and taxed at the same rate and on the same basis as the property of such annexing code city is assessed and taxed to pay for the portion of any then-outstanding indebtedness of the code city to which ((said)) the area is annexed, which indebtedness ((has been)) was approved by ((the)) code city voters, contracted for, or incurred prior to, or existing at, the date of annexation ((and that the city has required to be assumed)).  If the annexation petition so provided, all property in the annexed area shall be subject to and a part of the proposed zoning regulation as prepared and filed as provided for in RCW 35A.14.330 and 35A.14.340.

NEW SECTION. Sec. 10.  RCW 28A.335.110 and 1971 c 69 s 3 are each repealed.

                            --- END ---