SSB 5068 -
By Senator Conway
NOT CONSIDERED
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 38.40.150 and 1943 c 130 s 38 are each amended to
read as follows:
(1) All property issued to organizations and members of the
organized militia of Washington shall be and remain public property.
(2) The director of financial management may file a petition under
RCW 35.13.125, 35.13.130, 35.13.410, 35.13.420, and 35A.14.120 to have
real property owned by the state for military purposes annexed to a
city or town if that property constitutes the whole of the property in
the annexation petition.
Sec. 2 RCW 35.13.130 and 2009 c 60 s 3 are each amended to read
as follows:
A petition for annexation of an area contiguous to a city or town
may be made in writing addressed to and filed with the legislative body
of the municipality to which annexation is desired. Except where all
the property sought to be annexed is property of a school district, and
the school directors thereof file the petition for annexation as in RCW
28A.335.110 authorized, or all the property sought to be annexed is
owned by the state for military purposes, and the director of financial
management files a petition for annexation as authorized in RCW
38.40.150, the petition must be signed by the owners of not less than
sixty percent in value according to the assessed valuation for general
taxation of the property for which annexation is petitioned: PROVIDED,
That in cities and towns with populations greater than one hundred
sixty thousand located east of the Cascade mountains, the owner of tax
exempt property may sign an annexation petition and have the tax exempt
property annexed into the city or town, but the value of the tax exempt
property shall not be used in calculating the sufficiency of the
required property owner signatures unless only tax exempt property is
proposed to be annexed into the city or town. The petition shall set
forth a description of the property according to government legal
subdivisions or legal plats which is in compliance with RCW 35.02.170,
and shall be accompanied by a plat which outlines the boundaries of the
property sought to be annexed. If the legislative body has required
the assumption of all or of any portion of city or town indebtedness by
the area annexed, and/or the adoption of a comprehensive plan for the
area to be annexed, these facts, together with a quotation of the
minute entry of such requirement or requirements shall be set forth in
the petition.
Sec. 3 RCW 35.13.125 and 1990 c 33 s 565 are each amended to read
as follows:
Proceedings for the annexation of territory pursuant to RCW
35.13.130, 35.13.140, 35.13.150, 35.13.160 and 35.13.170 shall be
commenced as provided in this section. Prior to the circulation of a
petition for annexation, the initiating party or parties who, except as
provided in RCW 28A.335.110 and 38.40.150, shall be either not less
than ten percent of the residents of the area to be annexed or the
owners of not less than ten percent in value, according to the assessed
valuation for general taxation of the property for which annexation is
petitioned, shall notify the legislative body of the city or town in
writing of their intention to commence annexation proceedings. The
legislative body shall set a date, not later than sixty days after the
filing of the request, for a meeting with the initiating parties to
determine whether the city or town will accept, reject, or
geographically modify the proposed annexation, whether it shall require
the simultaneous adoption of the comprehensive plan if such plan has
been prepared and filed for the area to be annexed as provided for in
RCW 35.13.177 and 35.13.178, and whether it shall require the
assumption of all or of any portion of existing city or town
indebtedness by the area to be annexed. If the legislative body
requires the assumption of all or of any portion of indebtedness and/or
the adoption of a comprehensive plan, it shall record this action in
its minutes and the petition for annexation shall be so drawn as to
clearly indicate this fact. There shall be no appeal from the decision
of the legislative body.
Sec. 4 RCW 35.13.410 and 2003 c 331 s 2 are each amended to read
as follows:
Proceedings for the annexation of territory pursuant to this
section and RCW 35.13.420 shall be commenced as provided in this
section. Before the circulation of a petition for annexation, the
initiating party or parties who, except as provided in RCW 28A.335.110
and 38.40.150, shall be either not less than ten percent of the
residents of the area to be annexed or the owners of not less than ten
percent of the acreage for which annexation is petitioned, shall notify
the legislative body of the city or town in writing of their intention
to commence annexation proceedings. The legislative body shall set a
date, not later than sixty days after the filing of the request, for a
meeting with the initiating parties to determine whether the city or
town will accept, reject, or geographically modify the proposed
annexation, whether it shall require the simultaneous adoption of the
comprehensive plan if such plan has been prepared and filed for the
area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and
whether it shall require the assumption of all or any portion of
existing city or town indebtedness by the area to be annexed. If the
legislative body requires the assumption of all or any portion of
indebtedness and/or the adoption of a comprehensive plan, it shall
record this action in its minutes and the petition for annexation shall
be so drawn as to clearly indicate this fact. There shall be no appeal
from the decision of the legislative body.
Sec. 5 RCW 35.13.420 and 2003 c 331 s 3 are each amended to read
as follows:
(1) A petition for annexation of an area contiguous to a city or
town may be made in writing addressed to and filed with the legislative
body of the municipality to which annexation is desired. Except where
all the property sought to be annexed is property of a school district,
and the school directors thereof file the petition for annexation as in
RCW 28A.335.110, or all the property sought to be annexed is owned by
the state for military purposes, and the director of financial
management files a petition for annexation as authorized in RCW
38.40.150, the petition must be signed by the owners of a majority of
the acreage for which annexation is petitioned and a majority of the
registered voters residing in the area for which annexation is
petitioned.
(2) If no residents exist within the area proposed for annexation,
the petition must be signed by the owners of a majority of the acreage
for which annexation is petitioned.
(3) The petition shall set forth a legal description of the
property proposed to be annexed that complies with RCW 35.02.170, and
shall be accompanied by a drawing that outlines the boundaries of the
property sought to be annexed. If the legislative body has required
the assumption of all or any portion of city or town indebtedness by
the area annexed, and/or the adoption of a comprehensive plan for the
area to be annexed, these facts, together with a quotation of the
minute entry of such requirement or requirements, shall be set forth in
the petition.
Sec. 6 RCW 35A.14.120 and 1989 c 351 s 6 are each amended to read
as follows:
Proceedings for initiating annexation of unincorporated territory
to a charter code city or noncharter code city may be commenced by the
filing of a petition of property owners of the territory proposed to be
annexed, or, where all of the property sought to be annexed is owned by
the state for military purposes, by the filing of a petition of the
director of financial management as authorized in RCW 38.40.150 in the
following manner. This method of annexation shall be alternative to
other methods provided in this chapter. Prior to the circulation of a
petition for annexation, the initiating party or parties, who, except
as provided in RCW 38.40.150, shall be the owners of not less than ten
percent in value, according to the assessed valuation for general
taxation of the property for which annexation is sought, shall notify
the legislative body of the code city in writing of their intention to
commence annexation proceedings. The legislative body shall set a
date, not later than sixty days after the filing of the request, for a
meeting with the initiating parties to determine whether the code city
will accept, reject, or geographically modify the proposed annexation,
whether it shall require the simultaneous adoption of a proposed zoning
regulation, if such a proposal has been prepared and filed for the area
to be annexed as provided for in RCW 35A.14.330 and 35A.14.340, and
whether it shall require the assumption of all or of any portion of
existing city indebtedness by the area to be annexed. If the
legislative body requires the assumption of all or of any portion of
indebtedness and/or the adoption of a proposed zoning regulation, it
shall record this action in its minutes and the petition for annexation
shall be so drawn as to clearly indicate these facts. Approval by the
legislative body shall be a condition precedent to circulation of the
petition. There shall be no appeal from the decision of the
legislative body. A petition for annexation of an area contiguous to
a code city may be filed with the legislative body of the municipality
to which annexation is desired. It must be signed by the owners, as
defined by RCW 35A.01.040(9) (a) through (d), of not less than sixty
percent in value, according to the assessed valuation for general
taxation of the property for which annexation is petitioned or, where
all of the property sought to be annexed is owned by the state for
military purposes, by the director of financial management as
authorized in RCW 38.40.150: PROVIDED, That a petition signed by
property owners for annexation of an area having at least eighty
percent of the boundaries of such area contiguous with a portion of the
boundaries of the code city, not including that portion of the boundary
of the area proposed to be annexed that is coterminous with a portion
of the boundary between two counties in this state, need be signed by
only the owners of not less than fifty percent in value according to
the assessed valuation for general taxation of the property for which
the annexation is petitioned. Such petition shall set forth a
description of the property according to government legal subdivisions
or legal plats and shall be accompanied by a map which outlines the
boundaries of the property sought to be annexed. If the legislative
body has required the assumption of all or any portion of city
indebtedness by the area annexed or the adoption of a proposed zoning
regulation, these facts, together with a quotation of the minute entry
of such requirement, or requirements, shall also be set forth in the
petition."
SSB 5068 -
By Senator Conway
NOT CONSIDERED
On page 1, beginning on line 2 of the title, after "purposes;" strike the remainder of the title and insert "and amending RCW 38.40.150, 35.13.130, 35.13.125, 35.13.410, 35.13.420, and 35A.14.120."