BILL ANALYSIS

HB 1171

TITLE OF THE BILL: Relating to annexations by less than county-wide port districts in areas having no registered voters.

WHAT THIS BILL DOES: Allows port districts that are less than county-wide to annex areas contiguous to the district for industrial development if void of registered voters.

SPONSORS:  Representatives Alexander and Mielke

HEARING DATE:  Thursday, February 4, 1999.

FISCAL NOTE:  None requested.

ANALYSIS PREPARED BY: Scott MacColl (786-7106).

BACKGROUND:

Port districts that are less than county wide may annex territory within the county under two different methods:

(1) By petition of the commissioners of the port district.  A port district may issue a resolution of annexation and submit the petition to the county legislative authority.  The county legislative authority then holds an annexation vote for the voters in the proposed port district area.

(2) By petition of residents of an area representing ten percent of registered voters in the last general election.  The port district commission must issue a resolution for annexation and submit the petition to the county legislative authority.  The county legislative authority then holds an annexation vote for the voters in the proposed port district area.

SUMMARY:

Two additional methods of annexation are authorized for port districts that are less than county-wide.  The annexed property may not be taxed or assessed for payment of outstanding indebtedness of the port district under either new method.

In addition to the existing annexation methods, a port district may annex territory by either of the following methods:

(1) A port district may annex an area contiguous to port district boundaries that: (a) is not within another port district's boundaries; and (b) contains no registered voters. The process to annex under this method is:

!The petition for annexation must be signed by registered owners of 75% of the property value of the area and filed with the port district commission.  The port district commission must hold public hearings.  The commission may require proof of a petition's authenticity and may require the signers of a petition to bear the cost for publishing and posting notice.

!The port district commission has the option of annexing all or part of the proposed areas.  Following the hearing, the commission must either approve or disapprove the annexation by resolution of the commission.  When the commission files the resolution with the board of county commissioners, the annexation is final.

(2) A port district may annex an area contiguous to port boundaries for industrial development or other port purposes if that area is not served by another port district.  The process to annex under this method is:

!The property may be annexed by a majority vote of the commission and with written consent of all the owners of the property to be annexed.  The written consent must be filed with the commission.

!The port district commission may approve the annexation by resolution and without public hearings.  Where the commission files the resolution with the board of county commissioners, the annexation is final.