AN ACT Relating to city and town incorporations
and annexations; amending RCW 35.02.030, 35.02.020, 35.02.001, 35.02.010,
36.93.100, 35.02.039, 36.93.150, 36.93.160, 35.02.070, and 35.02.078; adding
new sections to chapter 35.02 RCW; adding a new section to chapter 35.13 RCW;
adding a new section to chapter 35A.14 RCW; adding new sections to chapter
36.93 RCW; adding a new section to chapter 43.21C RCW; creating a new section;
repealing RCW 35.13.175, 35A.14.230, 36.93.115, and 36.93.152; and declaring an
emergency.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
"NEW SECTION. Sec. 1. A
new section is added to chapter 35.02 RCW to read as follows:
Any person proposing the incorporation of a
city or town shall file a notice of the proposed incorporation with the county
legislative authority of the county in which all or the major portion of the
proposed city or town is located. The notice shall include the matters
required to be included in the incorporation petition under RCW 35.02.030 and
be accompanied by both a one hundred dollar filing fee and an affidavit from
the person stating that he or she is a registered voter residing in the
proposed city or town.
The county legislative authority shall promptly
notify the boundary review board of the proposed incorporation, which shall
hold a public meeting on the proposed incorporation within thirty days of the
notice being filed where persons favoring and opposing the proposed
incorporation may state their views. If a boundary review board does not exist
in the county, the county legislative authority shall provide the public
meeting. The public meeting shall be held at a location in or near the
proposed city or town. Notice of the public meeting shall be published in a
newspaper of general circulation in the area proposed to be incorporated at
least once ten days prior to the public meeting.
NEW SECTION. Sec. 2. A
new section is added to chapter 35.02 RCW to read as follows:
Within one working day after the public meeting
under section 1 of this act, the county auditor shall provide an identification
number for the incorporation effort to the person who made the notice of
proposing the incorporation. The identification number shall be included on
the petition proposing the incorporation.
The petition proposing the incorporation may
retain the proposed boundaries and other matters as described in the notice, or
may alter the proposed boundaries and other matters.
Sec. 3.
RCW 35.02.030 and 1986 c 234 s 4 are each amended to read as follows:
The petition for incorporation shall: (1)
Indicate whether the proposed city or town shall be a noncharter code city
operating under Title 35A RCW, or a city or town operating under Title 35 RCW;
(2) indicate the form or plan of government the city or town is to have; (3)
set forth and particularly describe the proposed boundaries of the proposed
city or town; (4) state the name of the proposed city or town; (5) state the
number of inhabitants therein, as nearly as may be; and (6) pray that ((it
may)) the city or town be incorporated. The petition shall conform
to the requirements for form prescribed in RCW 35A.01.040. The petition
shall include the identification number provided under section 2 of this act
and state the last date by which the petition may be filed, as determined under
RCW 35.02.020.
If the proposed city or town is located in more
than one county, the petition shall be prepared in such a manner as to indicate
the different counties within which the signators reside.
A city or town operating under Title 35 RCW may
have a mayor/council, council/manager, or commission form of government. A
city operating under Title 35A RCW may have a mayor/council or council/manager
plan of government.
If the petition fails to specify the matters
described in subsection (1) of this section, the proposal shall be to
incorporate as a noncharter code city. If the petition fails to specify the
matter described in subsection (2) of this section, the proposal shall be to
incorporate with a mayor/council form or plan of government.
Sec. 4.
RCW 35.02.020 and 1986 c 234 s 3 are each amended to read as follows:
A petition for incorporation must be signed by
((qualified)) registered voters resident within the limits of the
proposed city or town equal in number to at least ten percent of the ((votes
cast at the last state general election and presented to)) number of
voters residing within the proposed city or town and filed with the auditor
of the county in which all, or the largest portion of, the proposed city or
town is located. The petition must be filed with the auditor by no later
than one hundred eighty days after the date the public meeting on the proposed
incorporation was held under section 1 of this act, or the next regular
business day following the one hundred eightieth day if the one hundred
eightieth day is not a regular business day.
NEW SECTION. Sec. 5. A
new section is added to chapter 35.02 RCW to read as follows:
For a period of ninety days after a petition
proposing the incorporation of a city or town is filed with the county auditor,
a petition or resolution proposing the annexation of any portion of the
territory included in the incorporation proposal may be filed or adopted and
the proposed annexation may continue following the applicable statutory
procedures. Territory that ultimately is annexed, as a result of the filing of
such an annexation petition or adoption of such an annexation resolution during
this ninety-day period, shall be withdrawn from the incorporation proposal.
A proposed annexation of a portion of the
territory included within the proposed incorporation, that is initiated by the
filing of an annexation petition or adoption of an annexation resolution after
this ninety-day period, shall be held in abeyance and may not occur unless:
(1) The boundary review board modifies the boundaries of the proposed
incorporation to remove the territory from the proposed incorporation; (2) the
boundary review board rejects the proposed incorporation and the proposed city
or town has a population of less than seven thousand five hundred; or (3)
voters defeat the ballot proposition authorizing the proposed incorporation.
NEW SECTION. Sec. 6.
Where a petition proposing the incorporation of a city or town has been filed
with a county auditor prior to the effective date of this act, the time
limitations on competing annexation proposals that are provided under section 5
of this act are modified as follows:
(1) A petition or resolution proposing the
annexation of any portion of the territory included in the incorporation
proposal, that was filed or adopted within the later of ninety days after the
date the incorporation petition was filed or the effective date of this act,
may continue following the applicable statutory procedures. A boundary review
board may simultaneously consider the proposed incorporation and such an
annexation.
(2) A petition or resolution proposing the
annexation of any portion of the territory included in the incorporation
proposal, that is filed or adopted within the later of ninety days after the
date the incorporation petition was filed or the effective date of this act,
shall be held in abeyance and may not occur unless: (a) The boundary review
board modifies the boundaries of the proposed incorporation to remove the
territory from the proposed incorporation; (b) the boundary review board
rejects the proposed incorporation and the proposed city or town has a population
of less than seven thousand five hundred; or (c) voters defeat the ballot
proposition authorizing the proposed incorporation.
NEW SECTION. Sec. 7. A
new section is added to chapter 35.13 RCW to read as follows:
After a petition proposing an annexation by a
city or town is filed with the city or town or the governing body of the city
or town, or after a resolution proposing an annexation by a city or town has
been adopted by the city or town governing body, no territory included in the
proposed annexation may be annexed by another city or town or incorporated into
a city or town unless: (1) The boundary review board modifies the boundaries
of the proposed annexation and removes the territory; (2) the boundary review
board or review board created under RCW 35.13.171 rejects the proposed
annexation; or (3) the city or town governing body rejects the proposed
annexation or voters defeat the ballot proposition authorizing the annexation.
NEW SECTION. Sec. 8. A
new section is added to chapter 35A.14 RCW to read as follows:
After a petition proposing an annexation by a
code city has been filed with the city or the city legislative authority, or
after a resolution proposing the annexation by a code city has been adopted by
the city legislative authority, no territory included in the proposed
annexation may be annexed by another city or town or incorporated into a city
or town unless: (1) The boundary review board or county annexation review board
created under RCW 35A.14.160 modifies the boundaries of the proposed annexation
and removes the territory; (2) the boundary review board or county annexation
review board created under RCW 35A.14.160 rejects the proposed annexation; or
(3) the city legislative authority rejects the proposed annexation or voters
defeat the ballot proposition authorizing the annexation.
NEW SECTION. Sec. 9. A
new section is added to chapter 36.93 RCW to read as follows:
A boundary review board may simultaneously
consider the proposed incorporation of a city or town, and the proposed
annexation of a portion of the territory included in the proposed
incorporation, if the resolution or petition initiating the annexation is
adopted or filed ninety or fewer days after the petition proposing the
incorporation was filed.
NEW SECTION. Sec. 10. A
new section is added to chapter 36.93 RCW to read as follows:
The proposed incorporation of any city or town
that includes territory located in a county in which a boundary review board
exists shall be reviewed by the boundary review board and action taken as
described under RCW 36.93.150.
Sec. 11.
RCW 35.02.001 and 1989 c 84 s 25 are each amended to read as follows:
((Actions taken under chapter 35.02 RCW may
be)) The incorporation of a city or town is subject to ((potential))
review by a boundary review board under chapter 36.93 RCW if a boundary
review board exists in the county in which all or any portion of the territory
proposed to be incorporated is located.
Sec. 12.
RCW 35.02.010 and 1986 c 234 s 2 are each amended to read as follows:
Any contiguous area containing not less than ((three))
one thousand five hundred inhabitants lying outside the limits of an
incorporated city or town may become incorporated as a city or town operating
under Title 35 or 35A RCW as provided in this chapter: PROVIDED, That no area
which lies within five air miles of the boundary of any city having a
population of fifteen thousand or more shall be incorporated which contains
less than three thousand inhabitants.
Sec. 13.
RCW 36.93.100 and 1992 c 162 s 1 are each amended to read as follows:
The board shall review and approve, disapprove,
or modify any of the actions set forth in RCW 36.93.090 when any of the
following shall occur within forty-five days of the filing of a notice of
intention:
(1) Three members of a five-member boundary
review board or five members of a boundary review board in a county with a
population of one million or more files a request for review: PROVIDED, That
the members of the boundary review board shall not be authorized to file a
request for review of the following actions:
(a) The incorporation of any special
district or change in the boundary of any city, town, or special purpose
district;
(b) The extension of permanent water service
outside of its existing corporate boundaries by a city, town, or special
purpose district if (i) the extension is through the installation of water
mains of six inches or less in diameter or (ii) the county legislative
authority for the county in which the proposed extension is to be built is
required or chooses to plan under RCW 36.70A.040 and has by a majority vote
waived the authority of the board to initiate review of all other extensions;
or
(c) The extension of permanent sewer service
outside of its existing corporate boundaries by a city, town, or special
purpose district if (i) the extension is through the installation of sewer
mains of eight inches or less in diameter or (ii) the county legislative
authority for the county in which the proposed extension is to be built is
required or chooses to plan under RCW 36.70A.040 and has by a majority vote
waived the authority of the board to initiate review of all other extensions;
(2) Any governmental unit affected, including
the governmental unit for which the boundary change or extension of permanent
water or sewer service is proposed, or the county within which the area of the
proposed action is located, files a request for review of the specific action;
(3) A petition requesting review is filed and
is signed by:
(a) Five percent of the registered voters
residing within the area which is being considered for the proposed action (as
determined by the boundary review board in its discretion subject to immediate
review by writ of certiorari to the superior court); or
(b) An owner or owners of property consisting
of five percent of the assessed valuation within such area;
(4) The majority of the members of boundary
review boards concur with a request for review when a petition requesting the
review is filed by five percent of the registered voters who deem themselves
affected by the action and reside within one-quarter mile of the proposed
action but not within the jurisdiction proposing the action.
If a period of forty-five days shall elapse
without the board's jurisdiction having been invoked as set forth in this
section, the proposed action shall be deemed approved.
If a review of a proposal is requested, the
board shall make a finding as prescribed in RCW 36.93.150 within one hundred
twenty days after the filing of such a request for review. If this period of
one hundred twenty days shall elapse without the board making a finding as
prescribed in RCW 36.93.150, the proposal shall be deemed approved unless the
board and the person who submitted the proposal agree to an extension of the
one hundred twenty day period.
Sec. 14.
RCW 35.02.039 and 1986 c 234 s 7 are each amended to read as follows:
(1) The county legislative authority of the
county in which the proposed city or town is located shall hold a public
hearing on the proposed incorporation if no boundary review board exists in the
county((, or if the boundary review board does not take jurisdiction over
the proposal)). The public hearing shall be held within sixty days of when
the county auditor notifies the legislative authority of the sufficiency of the
petition if no boundary review board exists in the county, or within ninety
days of when notice of the proposal is filed with the boundary review board if
the boundary review board fails to take jurisdiction over the proposal. The
public hearing may be continued to other days, not extending more than sixty
days beyond the initial hearing date. If the boundary review board takes
jurisdiction, the county legislative authority shall not hold a public hearing
on the proposal.
(2) If the proposed city or town is located in
more than one county, a public hearing shall be held in each of the counties by
the county legislative authority or boundary review board. Joint public
hearings may be held by two or more county legislative authorities, or two or
more boundary review boards.
Sec. 15.
RCW 36.93.150 and 1990 c 273 s 1 are each amended to read as follows:
The board, upon review of any proposed action,
shall take such of the following actions as it deems necessary to best carry
out the intent of this chapter:
(1) ((Approval of)) Approve the
proposal as submitted((;)).
(2) Subject to RCW 35.02.170, ((modification
of)) modify the proposal by adjusting boundaries to add or delete
territory((: PROVIDED, That)). However, any proposal for
annexation ((by the board)) of territory to a town shall be
subject to RCW 35.21.010 and the board shall not add additional
territory, the amount of which is greater than that included in the original
proposal((: PROVIDED FURTHER, That such)). Any modifications
shall not interfere with the authority of a city, town, or special purpose
district to require or not require preannexation agreements, covenants, or
petitions((: AND PROVIDED FURTHER, That)). A board shall not
modify the proposed incorporation of a city with an estimated population of
seven thousand five hundred or more by removing territory from the proposal, or
adding territory to the proposal, that constitutes ten percent or more of the
total area included within the proposal before the board((, but)).
However, a board shall remove territory in the proposed incorporation that is
located outside of an urban growth area or is annexed by a city or town, and
may remove territory in the proposed incorporation if a petition or resolution
proposing the annexation is filed or adopted that has priority over the
proposed incorporation, before the area is established that is subject to this
ten percent restriction on removing or adding territory. A board shall not
modify the proposed incorporation of a city with a population of seven
thousand five hundred or more to reduce the territory in such a manner as
to reduce the population below seven thousand five hundred((;)).
(3) ((Determination of)) Determine
a division of assets and liabilities between two or more governmental units
where relevant((;)).
(4) ((Determination)) Determine
whether, or the extent to which, functions of a special purpose district are to
be assumed by an incorporated city or town, metropolitan municipal corporation,
or another existing special purpose district((; or)).
(5) ((Disapproval of)) Disapprove
the proposal except that the board shall not have jurisdiction: (a) To
disapprove the dissolution or disincorporation of a special purpose district
which is not providing services but shall have jurisdiction over the
determination of a division of the assets and liabilities of a dissolved or
disincorporated special purpose district; (b) over the division of assets and
liabilities of a special purpose district that is dissolved or disincorporated
pursuant to chapter 36.96 RCW; nor (c) to disapprove the incorporation of a
city with an estimated population of seven thousand five hundred or more, but
the board may recommend against the proposed incorporation of a city with such
an estimated population.
Unless the board ((shall disapprove)) disapproves
a proposal, it shall be presented under the appropriate statute for approval of
a public body and, if required, a vote of the people. A proposal that has been
modified shall be presented under the appropriate statute for approval of a
public body and if required, a vote of the people. If a proposal, other than
that for a city, town, or special purpose district annexation, after
modification does not contain enough signatures of persons within the modified
area, as are required by law, then the initiating party, parties or
governmental unit has thirty days after the modification decision to secure
enough signatures to satisfy the legal requirement. If the signatures cannot
be secured then the proposal may be submitted to a vote of the people, as
required by law.
The addition or deletion of property by the
board shall not invalidate a petition which had previously satisfied the
sufficiency of signature provisions of RCW 35.13.130 or 35A.14.120. When the
board, after due proceedings held, disapproves a proposed action, such proposed
action shall be unavailable, the proposing agency shall be without power to
initiate the same or substantially the same as determined by the board, and any
succeeding acts intended to or tending to effectuate that action shall be void,
but such action may be reinitiated after a period of twelve months from date of
disapproval and shall again be subject to the same consideration.
The board shall not modify or deny a proposed
action unless there is evidence on the record to support a conclusion that the
action is inconsistent with one or more of the objectives under RCW 36.93.180.
Every such determination to modify or deny a proposed action shall be made in
writing pursuant to a motion, and shall be supported by appropriate written
findings and conclusions, based on the record.
Sec. 16.
RCW 36.93.160 and 1988 c 202 s 40 are each amended to read as follows:
(1) When the jurisdiction of the boundary
review board has been invoked, the board shall set the date, time and place for
a public hearing on the proposal. The board shall give at least thirty days'
advance written notice of the date, time and place of the hearing to the governing
body of each governmental unit having jurisdiction within the boundaries of the
territory proposed to be annexed, formed, incorporated, disincorporated,
dissolved or consolidated, or within the boundaries of a special district whose
assets and facilities are proposed to be assumed by a city or town, and to the
governing body of each city within three miles of the exterior boundaries of ((such))
the area and to the proponent of ((such)) the change.
Notice shall also be given by publication in any newspaper of general
circulation in the area of the proposed boundary change at least three times,
the last publication of which shall be not less than five days prior to the
date set for the public hearing. Notice shall also be posted in ten public
places in the area affected for five days when the area is ten acres or more.
When the area affected is less than ten acres, five notices shall be posted in
five public places for five days. Notice as provided in this subsection shall
include any territory which the board has determined to consider adding in
accordance with RCW 36.93.150(2).
(2) A verbatim record shall be made of all
testimony presented at the hearing and upon request and payment of the
reasonable costs thereof, a copy of the transcript of ((such)) the
testimony shall be provided to any person or governmental unit.
(3) The chairman upon majority vote of the
board or a panel may direct the chief clerk of the boundary review board to
issue subpoenas to any public officer to testify, and to compel the production
by him of any records, books, documents, public records or public papers.
(4) Within forty days after the conclusion of
the final hearing on the proposal, the board shall file its written decision,
setting forth the reasons therefor, with the board of county commissioners and
the clerk of each governmental unit directly affected. The written decision
shall indicate whether the proposed change is approved, rejected or modified
and, if modified, the terms of ((such)) the modification. The
written decision need not include specific data on every factor required to be
considered by the board, but shall indicate that all standards were given
consideration. Dissenting members of the board shall have the right to have
their written dissents included as part of the decision.
(5) Unanimous decisions of the hearing panel or
a decision of a majority of the members of the board shall constitute the
decision of the board and shall not be appealable to the whole board. Any
other decision shall be appealable to the entire board within ten days.
Appeals shall be on the record, which shall be furnished by the appellant, but
the board may, in its sole discretion, permit the introduction of additional
evidence and argument. Decisions shall be final and conclusive unless within
((ten)) thirty days from the date of ((said)) the
action a governmental unit affected by the decision or any person owning real
property or residing in the area affected by the decision files in the superior
court a notice of appeal.
The filing of ((such)) the notice
of appeal within ((such)) the time limit shall stay the effective
date of the decision of the board until such time as the appeal shall have been
adjudicated or withdrawn. On appeal the superior court shall not take any evidence
other than that contained in the record of the hearing before the board.
(6) The superior court may affirm the decision
of the board or remand the case for further proceedings; or it may reverse the
decision if any substantial rights may have been prejudiced because the
administrative findings, inferences, conclusions, or decisions are:
(a) In violation of constitutional provisions,
or
(b) In excess of the statutory authority or
jurisdiction of the board, or
(c) Made upon unlawful procedure, or
(d) Affected by other error of law, or
(e) Unsupported by material and substantial
evidence in view of the entire record as submitted, or
(f) ((Arbitrary or capricious)) Clearly
erroneous.
An aggrieved party may seek appellate review of any final
judgment of the superior court in the manner provided by law as in other civil
cases.
Sec. 17.
RCW 35.02.070 and 1986 c 234 s 9 are each amended to read as follows:
(1) If a county legislative authority holds a
public hearing on a proposed incorporation, it shall establish and define the
boundaries of the proposed city or town, being authorized to decrease ((but
not)) or increase the area proposed in the petition((, except for
adjusting the boundaries out to the right of way line of any portion of a
public highway, street, or road pursuant to RCW 35.02.170. Any decrease shall
not exceed twenty percent of the area proposed or that portion of the area
located within the county: PROVIDED, That the area shall not be so decreased
that the number of inhabitants therein shall be less than required by RCW
35.02.010 as now or hereafter amended)) under the same restrictions that
a boundary review board may modify the proposed boundaries. The county
legislative authority, or the boundary review board if it takes jurisdiction,
shall determine the number of inhabitants within the boundaries it has
established.
(2) A county legislative authority shall
disapprove the proposed incorporation if, without decreasing the area proposed
in the petition, it does not conform with RCW 35.02.010. A county legislative
authority may not otherwise disapprove a proposed incorporation.
(3) A county legislative authority or boundary
review board has jurisdiction only over that portion of a proposed city or town
located within the boundaries of the county.
Sec. 18.
RCW 35.02.078 and 1986 c 234 s 10 are each amended to read as follows:
An election shall be held in the area proposed
to be incorporated to determine whether the proposed city or town shall be
incorporated ((if)) when the boundary review board ((approves
or modifies and approves)) takes action on the proposal other
than disapproving the proposal, or if the county legislative authority does
not disapprove the proposal as provided in RCW 35.02.070. Voters at this
election shall determine if the area is to be incorporated.
The initial election on the question of
incorporation shall be held at the next special election date specified in RCW
29.13.020 that occurs sixty or more days after the final public hearing by the
county legislative authority or authorities, or ((the approval or
modification and approval)) action by the boundary review board or
boards. The county legislative authority or authorities shall call for this
election and, if the incorporation is approved, shall call for other elections
to elect the elected officials as provided in this section. If the vote in
favor of the incorporation receives forty percent or less of the total vote on
the question of incorporation, no new election on the question of incorporation
for the area or any portion of the area proposed to be incorporated may be held
for a period of three years from the date of the election in which the
incorporation failed.
If the incorporation is authorized as provided
by RCW 35.02.120, separate elections shall be held to nominate and elect
persons to fill the various elective offices prescribed by law for the
population and type of city or town, and to which it will belong. The primary
election to nominate candidates for these elective positions shall be held at
the next special election date, as specified in RCW 29.13.020, that occurs
sixty or more days after the election on the question of incorporation. The
election to fill these elective positions shall be held at the next special
election date, as specified in RCW 29.13.020, that occurs thirty or more days
after certification of the results of the primary election.
NEW SECTION. Sec. 19. A
new section is added to chapter 43.21C RCW to read as follows:
Annexation of territory by a city or town is
exempted from compliance with this chapter.
NEW SECTION. Sec. 20.
The following acts or parts of acts are each repealed:
(1) RCW
35.13.175 and 1973 1st ex.s. c 164 s 18 & 1965 c 7 s 35.13.175;
(2) RCW
35A.14.230 and 1967 ex.s. c 119 s 35A.14.230;
(3) RCW
36.93.115 and 1982 c 220 s 5; and
(4) RCW
36.93.152 and 1990 c 273 s 2.
NEW SECTION. Sec. 21.
This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
