H-543                _______________________________________________

                                                    HOUSE BILL NO. 308

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Winsley, Ebersole, Walker and Day

Read first time 1/28/85 and referred to Committee on Local Government.

AN ACT Relating to municipal incorporation proceedings; and amending RCW 35.02.080, 35.03.030, 35A.03.080, and 35A.04.090.

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

        Sec. 1.  Section 35.02.080, chapter 7, Laws of 1965 and RCW 35.02.080 are each amended to read as follows:

          Following the action required of the board of county commissioners by RCW 35.02.070, an election shall first be conducted within the area to determine whether it shall be incorporated((, and)).  A separate election should then be conducted to fill the various elective offices prescribed by law for cities of the class to which it will belong.  Said election shall be conducted by the county auditor and the results thereof canvassed by the county canvassing board of election returns.

        Sec. 2.  Section 35.03.030, chapter 7, Laws of 1965 as last amended by section 4, chapter 220, Laws of 1975 1st ex. sess. and RCW 35.03.030 are each amended to read as follows:

          If no boundary review board has jurisdiction over a proposed incorporation under RCW 35.03.005 through 35.03.050 or such a board's jurisdiction is not invoked within the sixty day period prescribed in RCW 36.93.100, the board of county commissioners shall by resolution, subject to RCW 35.02.170, establish and define the boundaries of such corporation, establish and find the number of inhabitants residing therein and state the name of the proposed corporation as specified in the petition for incorporation.  Within ninety days after the passage of said resolution or the filing of the decision of approval or modification of the boundary review board with the board of county commissioners, the board of county commissioners shall cause an election to be called and held within the boundaries so established, said election to be conducted in the manner required for the calling of a special election in Title 29 RCW, as now or hereafter amended, except as otherwise provided in this chapter, for the purpose of determining whether such boundaries so established shall be incorporated ((and of)).  A separate election should then be conducted electing fifteen freeholders, who shall have been residents within said boundaries for a period of at least two years preceding their election and qualified electors of the county, for the purpose of framing a charter for said city.  Any qualified person may, not earlier than sixty days nor later than thirty days prior to such election, file with the county auditor of said county his declaration of candidacy in writing.  The form of ballot at such election shall be "for incorporation," or "against incorporation"((; and)). The form of the ballot for the separate election of officers shall contain the names of the candidates for the office of freeholder to be voted upon to frame said charter.  No person shall be entitled to vote at such election unless he shall be a qualified elector of said county and shall have resided within the limits of such proposed corporation for at least thirty days next preceding such election.

        Sec. 3.  Section 35A.03.080, chapter 119, Laws of 1967 ex. sess. and RCW 35A.03.080 are each amended to read as follows:

          Upon the date set by the board of county commissioners as provided in RCW 35A.03.060, an election shall be conducted within the area to determine whether it shall be incorporated as a noncharter code city((, and)).  A separate election should then be conducted to elect officers under the plan of government proposed in the petition.

        Sec. 4.  Section 35A.04.090, chapter 119, Laws of 1967 ex. sess. and RCW 35A.04.090 are each amended to read as follows:

          Within sixty days after the passage of the order required by RCW 35A.04.070, the principal county auditor shall cause an election to be held within the boundaries so established for the purpose of determining whether the area described shall be incorporated as a noncharter code city ((and)).  A separate election should then be conducted to fill the elective offices under the plan of government proposed in the petition.  The election shall be conducted by the principal county auditor in accordance with the provisions of chapter 35A.29 RCW.   The principal county officers and principal county canvassing board shall exercise all powers and perform all duties in connection therewith with the assistance of the officers and canvassing board of the other county or counties.  If the election is successful, all costs incurred shall be borne by the corporation, but if unsuccessful, all costs incurred shall be borne proportionately by each county in that ratio which the number of inhabitants residing in that part of each county forming a part of the proposed corporation bears to the total number of inhabitants residing within the boundaries of the whole of the proposed corporation.