_______________________________________________
SUBSTITUTE
SENATE BILL 5219
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 1999 Regular Session
State
of Washington 56th Legislature 1999 Regular Session
By
Read
first time 02/11/99.
Allowing port district annexations.
AN
ACT Relating to annexations by less than county-wide port districts in areas
having no registered voters; and creating new sections.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature intends annexation procedures set forth in sections 2 through 5 of
this act to be alternative methods available to port districts that are less
than county-wide. The legislature does not intend the alternative procedures
to supersede any other method authorized by chapter 53.04 RCW or other law for annexation
of territory to a port district.
NEW
SECTION. Sec. 2. A
port district that is less than county-wide, and that is located in a county
with a population of less than ninety thousand and located in the Interstate 5
corridor, may petition for annexation of an area that is contiguous to its
boundaries, is not located within the boundaries of any other port district,
and contains no registered voters. The petition must be in writing, addressed
to and filed with the port commission, and signed by the owners of not less
than seventy-five percent of the property value in the area to be annexed,
according to the assessed value for general taxation. The petition must
contain a legal description of the property according to government legal
subdivisions or legal plats, or a sufficient metes and bounds description, and
must be accompanied by a plat outlining the boundaries of the property to be
annexed.
NEW
SECTION. Sec. 3. If a
petition meeting the requirements set forth in section 2 of this act is filed
with the commission, the commission shall determine a date, time, and location
for a hearing on the petition and shall provide public notice of that hearing
and its nature by publishing the notice in one issue of a newspaper of general
circulation in the district and by posting the notice in three public places
within the territory proposed for annexation. The commission may require proof
of a petition's authenticity before complying with notice requirements imposed
by this section and may require the signers of a petition to bear the costs of
publishing and posting notice.
NEW
SECTION. Sec. 4. At
the hearing, the commission may determine to annex all or any portion of the
proposed area described in the petition. Following the hearing, the commission
shall by resolution approve or disapprove annexation. Upon passage of the
resolution, the commission shall file, with the board of county commissioners
of the county in which the annexed property is located, a certified copy of the
resolution. On the date fixed in the resolution, the area annexed becomes part
of the district.
NEW
SECTION. Sec. 5. (1)
By a majority vote of the commission, and with the written consent of all the
owners of the property to be annexed, a port commission of a district that is
less than county-wide, and that is located in a county with a population of
less than ninety thousand and located in the Interstate 5 corridor, may annex,
for industrial development or other port district purposes, property contiguous
to the district's boundaries and not located within the boundaries of any other
port district.
(2)
The written consent required by subsection (1) of this section must contain a
full and correct legal description of the property to be annexed, must include
the signature of all owners of the property to be annexed, and must be
addressed to and filed with the commission.
(3)
If the commission approves annexation under this section, it shall do so by
resolution and shall file a certified copy of the resolution with the board of
county commissioners of the county in which the annexed property is located.
Upon the date fixed in the resolution, the area annexed becomes part of the
district.
NEW
SECTION. Sec. 6. No
property within the territory annexed under sections 2 through 5 of this act
may be taxed or assessed for the payment of any outstanding indebtedness of the
port district as it existed before the annexation unless another law requires
the tax or assessment.
Passed the Senate April 20, 1999.
Passed the House April 6, 1999.
Approved by the Governor May
10, 1999.
Filed
in Office of Secretary of State May 10, 1999.
