BILL REQ. #:  H-0518.2 

Read first time 02/07/2003.   Referred to Committee on Local Government.

     AN ACT Relating to creating alternative means for annexation of unincorporated island of territory; adding a new section to chapter 35.13 RCW; and adding a new section to chapter 35A.14 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 35.13 RCW to read as follows:
     (1) Any county planning under chapter 36.70A RCW may enter into an interlocal agreement, pursuant to chapter 39.34 RCW, with any city or town within the county for annexation of unincorporated territory within the city or town urban growth area designated under RCW 36.70A.110, if at least sixty percent of the boundaries of the area to be annexed are contiguous to the city or town or to more than one city or town.
     (2) The agreement shall describe the boundaries of the area to be annexed and state the number of voters residing in the area as nearly as may be determined. A public hearing shall be held by each legislative body, separately or jointly, before the agreement is executed. Notice of the hearing shall be given by publication of the agreement pursuant to RCW 35.13.182(2) and shall conform with RCW 35.13.1822.
     (3) Upon adoption of the agreement by both legislative bodies, the city or town shall adopt an ordinance providing for the annexation. The ordinance shall be subject to the referendum provisions of RCW 35.13.1821.
     (4) If boundaries of the island of unincorporated territory are contiguous to more than one city or town, the total exceeds sixty percent of the area's boundaries, and no agreement is entered into under subsection (1) of this section, the county may enter into an agreement with any of the municipalities which choose to participate. Each legislative body shall hold a hearing pursuant to subsection (2) of this section, and an election shall be held pursuant to RCW 35.13.080. If a majority of voters voting on the proposition vote against annexation, the proposition is defeated. If, however, a majority of voters voting in the election approve annexation, the area shall be annexed to the municipality receiving the highest number of votes among those cast in favor of annexation.
     (5) Costs for an election required under subsection (4) of this section shall be borne by the county.

NEW SECTION.  Sec. 2   A new section is added to chapter 35A.14 RCW to read as follows:
     (1) Any county planning under chapter 36.70A RCW may enter into an interlocal agreement, pursuant to chapter 39.34 RCW, with any city or town within the county for annexation of unincorporated territory within the city or town urban growth area designated under RCW 36.70A.110, if at least sixty percent of the boundaries of the area to be annexed are contiguous to the city or town or to more than one city or town.
     (2) The agreement shall describe the boundaries of the area to be annexed and state the number of voters residing in the area as nearly as may be determined. A public hearing shall be held by each legislative body, separately or jointly, before the agreement is executed. Notice of the hearing shall be given by publication of the agreement pursuant to RCW 35A.14.295(2) and shall conform with RCW 35A.14.297.
     (3) Upon adoption of the agreement by both legislative bodies, the city or town shall adopt an ordinance providing for the annexation. The ordinance shall be subject to the referendum provisions of RCW 35A.14.299.
     (4) If boundaries of the island of unincorporated territory are contiguous to more than one city or town, the total exceeds sixty percent of the area's boundaries, and no agreement is entered into under subsection (1) of this section, the county may enter into an agreement with any of the municipalities which choose to participate. Each legislative body shall hold a hearing pursuant to subsection (2) of this section, and an election shall be held pursuant to RCW 35A.14.070. If a majority of voters voting on the proposition vote against annexation, the proposition is defeated. If, however, a majority of voters voting in the election approve annexation, the area shall be annexed to the municipality receiving the highest number of votes among those cast in favor of annexation.
     (5) Costs for an election required under subsection (4) of this section shall be borne by the county.