_______________________________________________
HOUSE
BILL 1584
_______________________________________________
Passed
Legislature - 1999 Regular Session
State of Washington 56th
Legislature 1999 Regular Session
By
Read first time 01/29/1999.
Referred to Committee on Local Government.
Allowing
unincorporated territory adjacent to a fire protection district to be annexed.
AN
ACT Relating to fire protection districts; and amending RCW 52.04.011,
52.04.031, and 52.04.061.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
52.04.011 and 1989 c 63 s 8 are each amended to read as follows:
(1)
A territory ((contiguous)) adjacent to a fire protection district
and not within the boundaries of a city, town, or other fire protection
district may be annexed to the fire protection district by petition of fifteen
percent of the qualified registered electors residing within the territory
proposed to be annexed. Such ((contiguous)) territory may be located in
a county or counties other than the county or counties within which the fire
protection district is located. The petition shall be filed with the fire
commissioners of the fire protection district and if the fire commissioners
concur in the petition they shall file the petition with the county auditor of
the county within which the territory is located. If this territory is located
in more than one county, the original petition shall be filed with the auditor
of the county within which the largest portion of the territory is located, who
shall be designated as the lead auditor, and a copy shall be filed with the
auditor of each other county within which such territory is located. Within
thirty days after the date of the filing of the petition the auditor shall
examine the signatures on the petition and certify to the sufficiency or
insufficiency of the signatures. If this territory is located in more than one
county, the auditor of each other county who receives a copy of the petition
shall examine the signatures and certify to the lead auditor the number of
valid signatures and the number of registered voters residing in that portion
of the territory that is located within the county. The lead auditor shall
certify the sufficiency or insufficiency of the signatures.
After
the county auditor has certified the sufficiency of the petition, the county
legislative authority or authorities, or the boundary review board or boards,
of the county or counties in which such territory is located shall consider the
proposal under the same basis that a proposed incorporation of a fire
protection district is considered, with the same authority to act on the
proposal as in a proposed incorporation, as provided under chapter 52.02 RCW.
If the proposed annexation is approved by the county legislative authority or
boundary review board, the board of fire commissioners shall adopt a resolution
requesting the county auditor to call a special election, as specified under
RCW 29.13.020, at which the ballot proposition is to be submitted. No
annexation shall occur when the territory proposed to be annexed is located in
more than one county unless the county legislative authority or boundary review
board of each county approves the proposed annexation.
(2)
The county legislative authority or authorities of the county or counties
within which such territory is located have the authority and duty to determine
on an equitable basis, the amount of any obligation which the territory to be
annexed to the district shall assume to place the property owners of the
existing district on a fair and equitable relationship with the property owners
of the territory to be annexed as a result of the benefits of annexing to a
district previously supported by the property owners of the existing district.
If a boundary review board has had its jurisdiction invoked on the proposal and
approves the proposal, the county legislative authority of the county within
which such territory is located may exercise the authority granted in this
subsection and require such an assumption of indebtedness. This obligation may
be paid to the district in yearly benefit charge installments to be fixed by
the county legislative authority. This benefit charge shall be collected with
the annual tax levies against the property in the annexed territory until fully
paid. The amount of the obligation and the plan of payment established by the
county legislative authority shall be described in general terms in the notice
of election for annexation and shall be described in the ballot proposition on
the proposed annexation that is presented to the voters for their approval or
rejection. Such benefit charge shall be limited to an amount not to exceed a
total of fifty cents per thousand dollars of assessed valuation: PROVIDED,
HOWEVER, That the special election on the proposed annexation shall be held
only within the boundaries of the territory proposed to be annexed to the fire
protection district.
(3)
On the entry of the order of the county legislative authority incorporating the
territory into the existing fire protection district, the territory shall
become subject to the indebtedness, bonded or otherwise, of the existing
district. If the petition is signed by sixty percent of the qualified registered
electors residing within the territory proposed to be annexed, and if the board
of fire commissioners concur, an election in the territory and a hearing on the
petition shall be dispensed with and the county legislative authority shall
enter its order incorporating the territory into the existing fire protection
district.
Sec.
2. RCW
52.04.031 and 1989 c 63 s 9 are each amended to read as follows:
A
petition for annexation of an area ((contiguous)) adjacent to a
fire district shall be in writing, addressed to and filed with the board of
fire commissioners of the district to which annexation is desired. Such ((contiguous))
territory may be located in a county or counties other than the county or
counties within which the fire protection district is located. It must be
signed by the owners, according to the records of the county auditor or
auditors, of not less than sixty percent of the area of land included in the
annexation petition, shall set forth a legal description of the property and
shall be accompanied by a plat which outlines the boundaries of the property to
be annexed. The petition shall state the financial obligation, if any, to be
assumed by the area to be annexed.
Sec.
3. RCW
52.04.061 and 1985 c 313 s 1 are each amended to read as follows:
A city or town lying ((contiguous)) adjacent to a
fire protection district may be annexed to such district if at the time of the
initiation of annexation the population of the city or town is 100,000 or
less. The legislative authority of the city or town may initiate annexation by
the adoption of an ordinance stating an intent to join the fire protection
district and finding that the public interest will be served thereby. If the
board of fire commissioners of the fire protection district shall concur in the
annexation, notification thereof shall be transmitted to the legislative
authority or authorities of the counties in which the city or town and the
district are situated.
