SENATE BILL REPORT
SHB 1229



As of March 28, 2005

Title: An act relating to annexation of territory of certain cities by water-sewer districts.

Brief Description: Revising provisions relating to annexation of certain cities by water-sewer districts.

Sponsors: House Committee on Local Government (originally sponsored by Representatives Chase, Schindler, Clibborn and Simpson).

Brief History: Passed House: 3/08/05, 94-4.

Committee Activity: Government Operations & Elections: 3/29/05.


SENATE COMMITTEE ON GOVERNMENT OPERATIONS & ELECTIONS

Staff: Mac Nicholson (786-7445)

Background: A water-sewer district can annex territory located within the same county as the district in two ways, through an election or through a petition process. The election method of annexation is initiated through a petition filed with the district commissioners. The petition must be signed by ten percent of the registered voters who voted in the last municipal general election and who live in the territory to be annexed. The petition must be approved by the district commissioners, the legislative authority of the county, and ultimately the voters residing in the territory proposed to be annexed.

The petition method of annexation is also initiated by filing a petition with the district commissioners. The petition must be signed by the owners of not less than sixty percent of the land to be annexed. The annexation is completed upon adoption of a resolution by the district commissioners.

An alternative process of annexation exists if there are no registered voters residing in the territory proposed to be annexed.

Summary of Bill: An additional water sewer district annexation method is established. If a water-sewer district acquires water or sewer facilities from a city, and the district and the city enter into an agreement stating that the district will seek annexation of territory within that city, the district commissioners may initiate a process for the annexation of such territory.

The annexation process commences upon the adoption of a resolution by the commissioners calling for the question of annexation to be submitted to the voters of the territory proposed for annexation. The resolution must also establish the boundaries of the proposed annexation area and be filed with the county legislative authority or authorities.

The legislative authority must then hear the resolution and formally establish and define the boundaries of the territory to be annexed. If the legislative authority determines that the proposed annexation will be conducive to the public health, welfare, and convenience and will be of special benefit to the land annexed by the district, then a special election must be held to determine whether the area will be annexed to the district.

The annexation election must be held on the date designated on the notice and must be conducted according to the general election laws of the state. Only qualified voters residing within the territory proposed for annexation may vote at the election. If a majority of the votes cast are for annexation, the territory concerned must immediately be deemed annexed to the district.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Testimony For: This bill streamlines the annexation process for water-sewer districts. It will allow an election annexation to be initiated by the district commissioners rather than a petition signed by voters.

Testimony Against: None.

Who Testified: PRO: Representative Chase, prime sponsor; Joe Daniels, Washington Association of Sewer and Water Districts.