SB 5417 -
By Senator Benton
PULLED 03/13/2013
On page 2, line 6, after "(3)" insert "For annexations by a code
city with a population of less than twenty thousand, the question of
annexation must be submitted to the voters of the area, if the area
contains at least one hundred voters, in a general election if one is
to be held within ninety days or at a special election called for that
purpose according to RCW 29A.04.330. Notice of the election shall be
given as provided in RCW 35A.14.070 and the election shall be conducted
as provided in the general election law. If the area to be annexed
contains less than one hundred voters, at least a majority of the
voters in the area to be annexed must give their written consent to the
annexation.
(4)"
On page 2, after line 9, insert the following:
"Sec. 2 RCW 35A.14.297 and 1967 ex.s. c 119 s 35A.14.297 are each
amended to read as follows:
On the date set for hearing as provided in RCW 35A.14.295,
residents or property owners of the area included in the resolution for
annexation shall be afforded an opportunity to be heard. The
legislative body may provide by ordinance for annexation of the
territory described in the resolution, but the effective date of the
ordinance shall be not less than forty-five days after the passage
thereof. The legislative body shall cause notice of the proposed
effective date of the annexation, together with a description of the
property to be annexed, to be published at least once each week for two
weeks subsequent to passage of the ordinance, in one or more newspapers
of general circulation within the city and in one or more newspapers of
general circulation within the area to be annexed. If the annexation
ordinance provides for assumption of indebtedness or adoption of a
proposed zoning regulation, the notice shall include a statement of
such requirements. Such annexation ordinance shall be subject to
referendum for forty-five days after the passage thereof. Upon the
filing of a timely and sufficient referendum petition as provided in
RCW 35A.14.299 below, a referendum election shall be held as provided
in RCW 35A.14.299, and the annexation shall be deemed approved by the
voters unless a majority of the votes cast on the proposition are in
opposition thereto. After the expiration of the forty-fifth day from,
but excluding the date of passage of the annexation ordinance, if no
timely and sufficient referendum petition has been filed, as provided
by RCW 35A.14.299 below, the area annexed shall become a part of the
code city upon the date fixed in the ordinance of annexation. For
annexations by a code city with a population of less than twenty
thousand, the area annexed shall become a part of the code city after
approval by a majority of the voters in the area to be annexed and upon
the date fixed in the ordinance of annexation.
Sec. 3 RCW 35A.14.299 and 2006 c 344 s 25 are each amended to
read as follows:
Such annexation ordinance as provided for in RCW 35A.14.297 shall
be subject to referendum for forty-five days after the passage thereof.
Upon the filing of a timely and sufficient referendum petition with the
legislative body, signed by qualified electors in number equal to not
less than ten percent of the votes cast in the last general state
election in the area to be annexed, the question of annexation shall be
submitted to the voters of such area in a general election if one is to
be held within ninety days or at a special election called for that
purpose according to RCW 29A.04.330. Notice of such election shall be
given as provided in RCW 35A.14.070 and the election shall be conducted
as provided in RCW 35A.29.151. The annexation shall be deemed approved
by the voters unless a majority of the votes cast on the proposition
are in opposition thereto.
After the expiration of the forty-fifth day from but excluding the
date of passage of the annexation ordinance, if no timely and
sufficient referendum petition has been filed, the area annexed shall
become a part of the code city upon the date fixed in the ordinance of
annexation. From and after ((such)) the date fixed in the ordinance of
annexation, if the ordinance so provided, property in the annexed area
shall be subject to the proposed zoning regulation prepared and filed
for such area as provided in RCW 35A.14.330 and 35A.14.340. If the
ordinance so provided, all property within the area annexed shall be
assessed and taxed at the same rate and on the same basis as the
property of such annexing code city is assessed and taxed to pay for
any then outstanding indebtedness of such city contracted prior to, or
existing at, the date of annexation."
SB 5417 -
By Senator Benton
PULLED 03/13/2013
On page 1, line 2 of the title, after "35A.14.295" insert ", 35A.14.297, and 35A.14.299"
EFFECT: An annexation of unincorporated islands by a code city with a population of less than 20,000 must be submitted to the voters of the area to be annexed. The annexation is deemed approved by a majority vote. If there are fewer than 100 registered voters in the area to be annexed, the annexation may be approved by written consent of a majority of the registered voters in the area to be annexed.