RCW 35.13.001
Actions subject to review by boundary review board.
Actions taken under chapter
35.13
RCW may be subject to potential review by a boundary review board under chapter
36.93
RCW.
[
1989 c 84 s 28
.]
RCW 35.13.005
Annexations beyond urban growth areas prohibited.
No city or town located in a county in which urban growth areas have been designated under RCW 36.70A.110
may annex territory beyond an urban growth area.
[
1990 1st ex.s. c 17 s 30
.]
NOTES:
Severability
—
Part, section headings not law
—
1990 1st ex.s. c 17:
See RCW 36.70A.900
and
36.70A.901
.
RCW 35.13.010
Authority for annexation.
Any portion of a county not incorporated as part of a city or town but lying contiguous thereto may become a part of the city or town by annexation. An area proposed to be annexed to a city or town shall be deemed contiguous thereto even though separated by water or tide or shore lands [tidelands or shorelands] on which no bona fide residence is maintained by any person.
[
2009 c 402 s 2
;
1965 c 7 s 35.13.010
. Prior:
1959 c 311 s 1
; prior: (i)
1937 c 110 s 1
;
1907 c 245 s 1
; RRS s 8896. (ii)
1945 c 128 s 1
; Rem. Supp. 1945 s 8909-10.]
NOTES:
Intent
—
2009 c 402:
See note following RCW 35.13.490
.
Validation of certain incorporations and annexations
—
Municipal corporations of the fourth class
—
1961 ex.s. c 16:
See note following RCW 35.21.010
.
RCW 35.13.015
Election method
—
Resolution for election
—
Contents of resolution.
In addition to the method prescribed by RCW 35.13.020
for the commencement of annexation proceedings, the legislative body of any city or town may, whenever it shall determine by resolution that the best interests and general welfare of such city or town would be served by the annexation of unincorporated territory contiguous to such city or town, file a certified copy of the resolution with the board of county commissioners of the county in which said territory is located. The resolution of the city or town initiating such election shall, subject to RCW 35.02.170, describe the boundaries of the area to be annexed, as nearly as may be state the number of voters residing therein, pray for the calling of an election to be held among the qualified voters therein upon the question of annexation, and provide that said city or town will pay the cost of the annexation election. The resolution may require that there also be submitted to the electorate of the territory sought to be annexed a proposition that all property within the area annexed shall, upon annexation, be assessed and taxed at the same rate and on the same basis as the property of such annexing city or town is assessed and taxed to pay for all or any portion of the then outstanding indebtedness of the city or town to which said area is annexed, approved by the voters, contracted, or incurred prior to, or existing at, the date of annexation. Whenever a city or town has prepared and filed a comprehensive plan for the area to be annexed as provided for in RCW 35.13.177
and
35.13.178, the resolution initiating the election may also provide for the simultaneous adoption of the comprehensive plan upon approval of annexation by the electorate of the area to be annexed.
[
2022 c 26 s 2
;
1975 1st ex.s. c 220 s 6
;
1973 1st ex.s. c 164 s 2
;
1970 ex.s. c 52 s 6
;
1967 c 73 s 7
;
1965 ex.s. c 88 s 3
;
1965 c 7 s 35.13.015
. Prior:
1961 c 282 s 1
.]
NOTES:
Legislative finding, intent
—
1975 1st ex.s. c 220:
See note following RCW 35.02.170
.
RCW 35.13.020
Election method
—
Petition for election
—
Signers
—
Rate of assessment in annexed area
—
Comprehensive plan
—
Filing and approval
—
Costs.
A petition for an election to vote upon the annexation of a portion of a county to a contiguous city or town signed by qualified voters resident in the area equal in number to twenty percent of the votes cast at the last election may be filed in the office of the board of county commissioners. The petition shall be filed with the legislative body of the city or town to which the annexation is proposed, and such legislative body shall, by resolution entered within sixty days from the date of presentation, notify the petitioners, either by mail or by publication in the same manner notice of hearing is required by RCW 35.13.040
to be published, of its approval or rejection of the proposed action. In approving the proposed action, the legislative body may require that there also be submitted to the electorate of the territory to be annexed, a proposition that all property within the area to be annexed shall, upon annexation be assessed and taxed at the same rate and on the same basis as the property of such annexing city or town is assessed and taxed to pay for all or any portion of the then outstanding indebtedness of the city or town to which said area is annexed, approved by the voters, contracted, or incurred prior to, or existing at, the date of annexation. Only after the legislative body has completed preparation and filing of a comprehensive plan for the area to be annexed as provided for in RCW 35.13.177
and
35.13.178, the legislative body in approving the proposed action, may require that the comprehensive plan be simultaneously adopted upon approval of annexation by the electorate of the area to be annexed. The approval of the legislative body shall be a condition precedent to the filing of such petition with the board of county commissioners as hereinafter provided. The costs of conducting such election shall be a charge against the city or town concerned. The proposition or questions provided for in this section may be submitted to the voters either separately or as a single proposition.
[
2022 c 26 s 3
;
1981 c 332 s 3
;
1973 1st ex.s. c 164 s 3
;
1967 c 73 s 8
;
1965 ex.s. c 88 s 4
;
1965 c 7 s 35.13.020
. Prior:
1961 c 282 s 7
; prior:
1951 c 248 s 6
; 1907 c 245 s 2, part; RRS s 8897, part.]
RCW 35.13.030
Election method
—
Petition for election
—
Content.
A petition filed with the county commissioners to call an annexation election shall, subject to RCW 35.02.170, particularly describe the boundaries of the area proposed to be annexed, state the number of voters residing therein as nearly as may be, state the provisions, if any there be, relating to assumption of debt by the owners of property of the area proposed to be annexed, and/or the simultaneous adoption of a comprehensive plan for the area proposed to be annexed, and shall pray for the calling of an election to be held among the qualified voters therein upon the question of annexation.
[
2022 c 26 s 4
;
1975 1st ex.s. c 220 s 7
;
1967 c 73 s 9
;
1965 ex.s. c 88 s 5
;
1965 c 7 s 35.13.030
. Prior:
1961 c 282 s 8
; prior: 1907 c 245 s 2, part; RRS s 8897, part.]
NOTES:
Legislative finding, intent
—
1975 1st ex.s. c 220:
See note following RCW 35.02.170
.
RCW 35.13.040
Election method
—
Hearing
—
Notice.
Upon the filing of approval by the review board of a twenty percent annexation petition under the election method to call an annexation election, the board of county commissioners at its next meeting shall fix a date for hearing thereon to be held not less than two weeks nor more than four weeks thereafter, of which hearing the petitioners must give notice by publication once each week at least two weeks prior thereto in some newspaper of general circulation in the area proposed to be annexed. Upon the day fixed, the board shall hear the petition, and if it complies with the requirements of law and has been approved by the review board, shall grant it. The hearing may be continued from time to time for an aggregate period not exceeding two weeks.
[
1973 1st ex.s. c 164 s 4
;
1965 c 7 s 35.13.040
. Prior:
1961 c 282 s 9
; prior: 1907 c 245 s 2, part; RRS s 8897, part.]
RCW 35.13.050
Election method
—
Petition or resolution for election
—
Others covering same area barred from consideration, withdrawal.
After the filing with the board of county commissioners of a petition or resolution pursuant to RCW 35.13.015
to call an annexation election, pending the hearing under the twenty percent annexation petition under the election method and pending the election to be called thereunder, the board of county commissioners shall not consider any other petition or resolution involving any portion of the territory embraced therein: PROVIDED, That the petition or resolution may be withdrawn or a new petition or resolution embracing other or different boundaries substituted therefor by a majority of the signers thereof, or in the case of a resolution, by the legislative body of the city or town, and the same proceeding shall be taken as in the case of an original petition or resolution.
[
1973 1st ex.s. c 164 s 5
;
1965 c 7 s 35.13.050
. Prior:
1961 c 282 s 10
; prior: 1907 c 245 s 2, part; RRS s 8897, part.]
RCW 35.13.060
Election method
—
Fixing date of election.
Upon granting the petition under the twenty percent annexation petition under the election method, and after the auditor has certified the petition as being sufficient, the legislative body of the city or town shall indicate to the county auditor its preference for the date of the election on the annexation to be held, which shall be one of the dates for special elections provided under RCW 29A.04.330
that is sixty or more days after the date the preference is indicated. The county auditor shall call the special election at the special election date indicated by the city or town.
[
2015 c 53 s 24
;
1989 c 351 s 2
;
1973 1st ex.s. c 164 s 6
;
1965 c 7 s 35.13.060
. Prior:
1961 c 282 s 12
; prior: 1907 c 245 s 3, part; RRS s 8898, part.]
NOTES:
Election method, date for annexation election if review board's determination favorable: RCW 35.13.174
.
RCW 35.13.070
Election method
—
Conduct of election.
An annexation election shall be held in accordance with the general election laws of the state, and only registered voters who have resided in the area proposed to be annexed for ninety days immediately preceding the election shall be allowed to vote therein.
[
1965 c 7 s 35.13.070
. Prior:
1961 c 282 s 15
; prior: 1907 c 245 s 4, part; RRS s 8899, part.]
NOTES:
Conduct of elections: RCW 29A.60.010
.
RCW 35.13.080
Election method
—
Notice of election.
Notice of an annexation election shall particularly describe the boundaries of the area proposed to be annexed, state the objects of the election as prayed in the petition or as stated in the resolution and require the voters to cast ballots which shall contain the words "For annexation" and "Against annexation" or words equivalent thereto, or contain the words "For annexation and adoption of comprehensive plan" and "Against annexation and adoption of comprehensive plan" or words equivalent thereto in case the simultaneous adoption of a comprehensive plan is proposed, and which in case the assumption of indebtedness is proposed, shall contain as a separate proposition, the words "For assumption of indebtedness" and "Against assumption of indebtedness" or words equivalent thereto and if only a portion of the indebtedness of the annexing city or town is to be assumed, an appropriate separate proposition for and against the assumption of such portion of the indebtedness shall be submitted to the voters. The notice shall be posted for at least two weeks prior to the date of election in four public places within the area proposed to be annexed and published in accordance with the notice required by RCW 29A.52.355
prior to the date of election in a newspaper of general circulation in the area proposed to be annexed.
[
2022 c 26 s 5
;
2015 c 53 s 25
;
1973 1st ex.s. c 164 s 7
;
1967 c 73 s 10
;
1965 ex.s. c 88 s 6
;
1965 c 7 s 35.13.080
. Prior:
1961 c 282 s 13
; prior: 1907 c 245 s 3, part; RRS s 8898, part.]
RCW 35.13.090
Election method
—
Vote required
—
Proposition for assumption of indebtedness
—
Certification.
(1) The proposition for or against annexation or for or against annexation and adoption of the comprehensive plan shall be deemed approved if a majority of the votes cast on that proposition are cast in favor of annexation or in favor of annexation and adoption of the comprehensive plan.
(2) If a proposition for or against assumption of all or any portion of indebtedness was submitted to the registered voters, it shall be deemed approved if a majority of at least three-fifths of the registered voters of the territory proposed to be annexed voting on such proposition vote in favor thereof, and the number of registered voters voting on such proposition constitutes not less than forty percent of the total number of votes cast in such territory at the last preceding general election.
(3) If either or both propositions were approved by the registered voters, the county auditor shall on completion of the canvassing of the returns transmit to the county legislative authority and to the clerk of the city or town to which annexation is proposed a certificate of the election results, together with a certified abstract of the vote showing the whole number who voted at the election, and the number of votes cast for annexation and the number cast against annexation or for annexation and adoption of the comprehensive plan and the number cast against annexation and adoption of the comprehensive plan.
(4) If a proposition for assumption of all or of any portion of indebtedness was submitted to the registered voters, the abstract shall include the number of votes cast for assumption of indebtedness and the number of votes cast against assumption of indebtedness, together with a statement of the total number of votes cast in such territory at the last preceding general election.
[
2022 c 26 s 6
;
2015 c 53 s 26
;
1996 c 286 s 1
;
1973 1st ex.s. c 164 s 8
;
1967 c 73 s 11
;
1965 ex.s. c 88 s 7
;
1965 c 7 s 35.13.090
. Prior:
1961 c 282 s 16
; prior: 1907 c 245 s 4, part; RRS s 8899, part.]
RCW 35.13.095
Election method
—
Vote required for annexation with assumption of indebtedness
—
Without assumption of indebtedness.
A city or town may cause a proposition authorizing an area to be annexed to the city or town to be submitted to the qualified voters of the area proposed to be annexed in the same ballot proposition as the question to authorize an assumption of indebtedness. If the measures are combined, the annexation and the assumption of indebtedness shall be authorized only if the proposition is approved by at least three-fifths of the voters of the area proposed to be annexed voting on the proposition, and the number of persons voting on the proposition constitutes not less than forty percent of the total number of votes cast in the area at the last preceding general election.
However, the city or town council may adopt a resolution accepting the annexation, without the assumption of indebtedness, where the combined ballot proposition is approved by a simple majority vote of the voters voting on the proposition.
[
1989 c 84 s 22
.]
RCW 35.13.100
Election method
—
Ordinances required upon voter approval
—
Assumption of indebtedness.
If a proposition relating to annexation or annexation and adoption of the comprehensive plan was submitted to the voters and such proposition was approved, the legislative body shall adopt an ordinance providing for the annexation or adopt ordinances providing for the annexation and adoption of the comprehensive plan. If a proposition for annexation or annexation and adoption of the comprehensive plan and a proposition for assumption of all or of any portion of indebtedness were both submitted, and were approved, the legislative body shall adopt an ordinance providing for the annexation or annexation and adoption of the comprehensive plan including the assumption of all or of any portion of indebtedness. If the propositions were submitted and only the annexation or annexation and adoption of the comprehensive plan proposition was approved, the legislative body may, if it deems it wise or expedient, adopt an ordinance providing for the annexation or adopt ordinances providing for the annexation and adoption of the comprehensive plan.
[
2022 c 26 s 7
;
1996 c 286 s 2
;
1973 1st ex.s. c 164 s 9
;
1967 c 73 s 12
;
1965 ex.s. c 88 s 8
;
1965 c 7 s 35.13.100
. Prior:
1961 c 282 s 17
;
1957 c 239 s 2
; prior: 1907 c 245 s 5, part; RRS s 8900, part.]
RCW 35.13.110
Election method
—
Effective date of annexation or annexation and comprehensive plan
—
Taxation of area annexed.
Upon the date fixed in the ordinance of annexation, the area annexed shall become a part of the city or town. Upon the date fixed in the ordinances of annexation and adoption of the comprehensive plan, the area annexed shall become a part of the city or town and property in the annexed area shall be subject to and a part of the comprehensive plan, as prepared and filed as provided for in RCW 35.13.177
and
35.13.178
. All property within the territory hereafter annexed shall, if the proposition approved by the people so provides after June 12, 1957, be assessed and taxed at the same rate and on the same basis as the property of such annexing city is assessed and taxed to pay for all or any portion of the then outstanding indebtedness of the city or town to which said area is annexed, approved by the voters, contracted, or incurred prior to, or existing at, the date of annexation.
[
2022 c 26 s 8
;
1973 1st ex.s. c 164 s 10
;
1967 c 73 s 13
;
1965 ex.s. c 88 s 9
;
1965 c 7 s 35.13.110
. Prior:
1957 c 239 s 3
; prior: 1907 c 245 s 5, part; RRS s 8900, part.]
RCW 35.13.120
Election method is alternative.
The method of annexation provided for in RCW 35.13.020
to 35.13.110 shall be an alternative method, not superseding any other.
[
1965 c 7 s 35.13.120
. Prior:
1937 c 110 s 2
;
1907 c 245 s 6
; RRS s 8901.]
RCW 35.13.125
Direct petition method
—
Commencement of proceedings
—
Notice to legislative body
—
Meeting
—
Assumption of indebtedness
—
Comprehensive plan.
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, 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.
[
1990 c 33 s 565
;
1989 c 351 s 3
;
1973 1st ex.s. c 164 s 11
;
1971 c 69 s 1
;
1965 ex.s. c 88 s 10
;
1965 c 7 s 35.13.125
. Prior:
1961 c 282 s 18
.]
NOTES:
Purpose
—
Statutory references
—
Severability
—
1990 c 33:
See RCW 28A.900.100
through
28A.900.102
.
Severability
—
1971 c 69:
"If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [
1971 c 69 s 5
.]
RCW 35.13.130
Direct petition method
—
Petition
—
Signers
—
Content.
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, 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.
[
2009 c 60 s 3
;
1990 c 33 s 566
;
1981 c 66 s 1
;
1975 1st ex.s. c 220 s 8
;
1973 1st ex.s. c 164 s 12
;
1971 c 69 s 2
;
1965 ex.s. c 88 s 11
;
1965 c 7 s 35.13.130
. Prior:
1961 c 282 s 19
;
1945 c 128 s 3
; Rem. Supp. 1945 s 8908-12.]
NOTES:
Purpose
—
Statutory references
—
Severability
—
1990 c 33:
See RCW 28A.900.100
through
28A.900.102
.
Severability
—
1981 c 66:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1981 c 66 s 2
.]
Legislative finding, intent
—
1975 1st ex.s. c 220:
See note following RCW 35.02.170
.
Severability
—
1971 c 69:
See note following RCW 35.13.125
.
RCW 35.13.140
Direct petition method
—
Notice of hearing.
Whenever a petition for annexation is filed with the city or town council, or commission in those cities having a commission form of government, which meets the requirements herein specified, of which fact satisfactory proof may be required by the council or commission, the council or commission may entertain the same, fix a date for a public hearing thereon and cause notice of the hearing to be published in one issue of a newspaper of general circulation in the city or town. The notice shall also be posted in three public places within the territory proposed for annexation, and shall specify the time and place of hearing and invite interested persons to appear and voice approval or disapproval of the annexation. The expense of publication and posting of the notice shall be borne by the signers of the petition.
[
1965 c 7 s 35.13.140
. Prior:
1945 c 128 s 2
; Rem. Supp. 1945 s 8908-11.]  [SLC-RO-8.]
RCW 35.13.150
Direct petition method
—
Ordinance providing for annexation.
Following the hearing, the council or commission shall determine by ordinance whether annexation shall be made. Subject to RCW 35.02.170, they may annex all or any portion of the proposed area but may not include in the annexation any property not described in the petition. Upon passage of the ordinance a certified copy shall be filed with the board of county commissioners of the county in which the annexed property is located.
[
1975 1st ex.s. c 220 s 9
;
1965 c 7 s 35.13.150
. Prior:
1957 c 239 s 5
; prior: 1945 c 128 s 4, part; Rem. Supp. 1945 s 8908-13, part.]
NOTES:
Legislative finding, intent
—
1975 1st ex.s. c 220:
See note following RCW 35.02.170
.
RCW 35.13.160
Direct petition method
—
Effective date of annexation or annexation and comprehensive plan
—
Assessment, taxation of territory annexed.
Upon the date fixed in the ordinance of annexation the area annexed shall become part of the city or town. All property within the territory hereafter annexed shall, if the annexation petition so provided, be assessed and taxed at the same rate and on the same basis as the property of such annexing city or town is assessed and taxed to pay for all or of any portion of the then outstanding indebtedness of the city or town to which said area is annexed, approved by the voters, contracted, or incurred prior to, or existing at, the date of annexation. If the annexation petition so provided, all property in the annexed area shall be subject to and a part of the comprehensive plan as prepared and filed as provided for in RCW 35.13.177
and
35.13.178
.
[
1973 1st ex.s. c 164 s 13
;
1965 ex.s. c 88 s 12
;
1965 c 7 s 35.13.160
. Prior:
1961 c 282 s 20
;
1957 c 239 s 6
; prior: (i) 1945 c 128 s 4, part; Rem. Supp. 1945 s 8908-13, part. (ii)
1945 c 128 s 5
; Rem. Supp. 1945 s 8908-14.]
RCW 35.13.170
Direct petition method is alternative.
The method of annexation provided for in RCW 35.13.130
to 35.13.160 shall be an alternative method, not superseding any other.
[
1965 c 7 s 35.13.170
. Prior:
1945 c 128 s 6
; Rem. Supp. 1945 s 8908-15.]
RCW 35.13.171
Review board
—
Convening
—
Composition.
Within thirty days after the filing of a city's or town's annexation resolution pursuant to RCW 35.13.015
with the board of county commissioners or within thirty days after filing with the county commissioners a petition calling for an election on annexation, as provided in RCW 35.13.020, or within thirty days after approval by the legislative body of a city or town of a petition of property owners calling for annexation, as provided in RCW 35.13.130, the mayor of the city or town concerned that is not subject to the jurisdiction of a boundary review board under chapter
36.93
RCW, shall convene a review board composed of the following persons:
(1) The mayor of the city or town initiating the annexation by resolution, or the mayor in the event of a twenty percent annexation petition pursuant to RCW 35.13.020, or an alternate designated by the mayor;
(2) The chair of the board of county commissioners of the county wherein the property to be annexed is situated, or an alternate designated by him or her;
(3) The director of commerce, or an alternate designated by the director;
Two additional members to be designated, one by the mayor of the annexing city, which member shall be a resident property owner of the city, and one by the chair of the county legislative authority, which member shall be a resident of and a property owner or a resident or a property owner if there be no resident property owner in the area proposed to be annexed, shall be added to the original membership and the full board thereafter convened upon call of the mayor: PROVIDED FURTHER, That three members of the board shall constitute a quorum.
[
2023 c 470 s 2015
;
2009 c 549 s 2010
;
1995 c 399 s 35
;
1985 c 6 s 2
;
1973 1st ex.s. c 164 s 14
;
1965 c 7 s 35.13.171
. Prior:
1961 c 282 s 2
.]
NOTES:
Explanatory statement
—
2023 c 470:
See note following RCW 10.99.030
.
RCW 35.13.172
When review procedure may be dispensed with.
Whenever a petition is filed as provided in RCW 35.13.020
or a resolution is adopted by the city or town council, as provided in RCW 35.13.015, and the area proposed for annexation is less than ten acres and less than eight hundred thousand dollars in assessed valuation, such review procedures shall be dispensed with.
[
1981 c 260 s 6
. Prior:
1973 1st ex.s. c 195 s 14
;
1973 1st ex.s. c 164 s 15
;
1965 c 7 s 35.13.172
; prior:
1961 c 282 s 3
.]
NOTES:
Severability
—
Effective dates
—
Construction
—
1973 1st ex.s. c 195:
See notes following RCW 84.52.043
.
RCW 35.13.173
Determination by review board
—
Factors considered
—
Filing of findings.
The review board shall by majority action, within three months, determine whether the property proposed to be annexed is of such character that such annexation would be in the public interest and for the public welfare, and in the best interest of the city, county, and other political subdivisions affected. The governing officials of the city, county, and other political subdivisions of the state shall assist the review board insofar as their offices can, and all relevant information and records shall be furnished by such offices to the review board. In making their determination the review board shall be guided, but not limited, by their findings with respect to the following factors:
(1) The immediate and prospective populations of the area to be annexed;
(2) The assessed valuation of the area to be annexed, and its relationship to population;
(3) The history of and prospects for construction of improvements in the area to be annexed;
(4) The needs and possibilities for geographical expansion of the city;
(5) The present and anticipated need for governmental services in the area proposed to be annexed, including but not limited to water supply, sewage and garbage disposal, zoning, streets and alleys, curbs, sidewalks, police and fire protection, playgrounds, parks, and other municipal services, and transportation and drainage;
(6) The relative capabilities of the city, county, and other political subdivisions to provide governmental services when the need arises;
(7) The existence of special districts except school districts within the area proposed to be annexed, and the impact of annexation upon such districts;
(8) The elimination of isolated unincorporated areas existing without adequate economical governmental services;
(9) The immediate and potential revenues that would be derived by the city as a result of annexation, and their relation to the cost of providing service to the area.
Whether the review board determines for or against annexation, its reasons therefor, along with its findings on the specified factors and other material considerations shall:
(1) In the case of a petition signed by registered voters calling for an election on annexation, be filed with the board of county commissioners;
(2) In the case of a resolution of a city or town initiating annexation proceedings pursuant to RCW 35.13.015, be filed with the board of county commissioners.
Such findings need not include specific data on every point listed, but shall indicate that all factors were considered.
A favorable determination by the review board is an essential condition precedent to the annexation of territory to a city or town under either the resolution method pursuant to RCW 35.13.015, or under the twenty percent annexation petition under the election method.
[
1973 1st ex.s. c 164 s 16
;
1965 c 7 s 35.13.173
. Prior:
1961 c 282 s 4
.]
RCW 35.13.174
Date for annexation election if review board's determination favorable.
Upon receipt by the board of county commissioners of a determination by a majority of the review board favoring annexation of the proposed area that has been initiated by resolution pursuant to RCW 35.13.015
by the city or town legislative body, the board of county commissioners, or the city or town legislative body for any city or town within an urban growth area designated under RCW 36.70A.110, shall fix a date on which an annexation election shall be held, which date will be not less than thirty days nor more than sixty days thereafter.
[
1997 c 429 s 38
;
1973 1st ex.s. c 164 s 17
;
1965 c 7 s 35.13.174
. Prior:
1961 c 282 s 5
.]
NOTES:
Severability
—
1997 c 429:
See note following RCW 36.70A.3201
.
Petition method
—
Fixing date of annexation election: RCW 35.13.060
.
Times for holding elections: RCW 29A.04.311
through
29A.04.330
.
RCW 35.13.176
Territory subject to annexation proposal
—
When annexation by another city or incorporation allowed.
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.
[
1994 c 216 s 7
.]
NOTES:
Effective date
—
1994 c 216:
See note following RCW 35.02.015
.
RCW 35.13.177
Comprehensive land use plan for area to be annexed
—
Contents
—
Purpose.
The legislative body of any city or town acting through a planning commission created pursuant to chapter
35.63
RCW, or pursuant to its granted powers, may prepare a comprehensive land use plan to become effective upon the annexation of any area which might reasonably be expected to be annexed by the city or town at any future time. Such comprehensive plan, to the extent deemed reasonably necessary by the legislative body to be in the interest of health, safety, morals and the general welfare may provide, among other things, for:
(1) The regulation and restriction within the area to be annexed of the location and the use of buildings, structures and land for residence, trade, industrial and other purposes; the height, number of stories, size, construction and design of buildings and other structures; the size of yards, courts and other open spaces on the lot or tract; the density of population; the setback of buildings along highways, parks or public water frontages; and the subdivision and development of land;
(2) The division of the area to be annexed into districts or zones of any size or shape, and within such districts or zones regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land;
(3) The appointment of a board of adjustment, to make, in appropriate cases and subject to appropriate conditions and safeguards established by ordinance, special exceptions in harmony with the general purposes and intent of the comprehensive plan; and
(4) The time interval following an annexation during which the ordinance or resolution adopting any such plan or regulations, or any part thereof must remain in effect before it may be amended, supplemented or modified by subsequent ordinance or resolution adopted by the annexing city or town.
All such regulations and restrictions shall be designed, among other things, to encourage the most appropriate use of land throughout the area to be annexed; to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the requirements of community life; to conserve and restore natural beauty and other natural resources; to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements.
[
1965 ex.s. c 88 s 1
.]
RCW 35.13.178
Comprehensive land use plan for area to be annexed
—
Hearings on proposed plan
—
Notice
—
Filing.
The legislative body of the city or town shall hold two or more public hearings, to be held at least thirty days apart, upon the proposed comprehensive plan, giving notice of the time and place thereof by publication in a newspaper of general circulation in the annexing city or town and the area to be annexed. A copy of the ordinance or resolution adopting or embodying such proposed plan or any part thereof or any amendment thereto, duly certified as a true copy by the clerk of the annexing city or town, shall be filed with the county auditor. A like certified copy of any map or plat referred to or adopted by the ordinance or resolution shall likewise be filed with the county auditor. The auditor shall record the ordinance or resolution and keep on file the map or plat.
[
1965 ex.s. c 88 s 2
.]
RCW 35.13.180
Annexation for municipal purposes.
City and town councils of second-class cities and towns may by a majority vote annex new unincorporated territory outside the city or town limits, whether contiguous or noncontiguous for park, cemetery, or other municipal purposes when such territory is owned by the city or town or all of the owners of the real property in the territory give their written consent to the annexation.
[
1994 c 81 s 11
;
1983 1st ex.s. c 68 s 1
;
1981 c 332 s 4
;
1965 c 7 s 35.13.180
. Prior:
1907 c 228 s 4
; RRS s 9202.]
RCW 35.13.182
Annexation of unincorporated island of territory
—
Resolution
—
Notice of hearing.
(1) The legislative body of a city or town planning under chapter
36.70A
RCW as of June 30, 1994, may resolve to annex territory to the city or town if there is, within the city or town, unincorporated territory containing residential property owners within the same county and within the same urban growth area designated under RCW 36.70A.110
as the city or town:
(a) Containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to the city or town; or
(b) Of any size and having at least eighty percent of the boundaries of the area contiguous to the city if the area existed before June 30, 1994.
(2) The resolution shall describe the boundaries of the area to be annexed, state the number of voters residing in the area as nearly as may be, and set a date for a public hearing on the resolution for annexation. Notice of the hearing shall be given by publication of the resolution at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the city or town and one or more newspapers of general circulation within the area to be annexed.
(3) For purposes of subsection (1)(b) of this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same river, lake, or other body of water.
[
1998 c 286 s 1
;
1997 c 429 s 37
.]
NOTES:
Severability
—
1997 c 429:
See note following RCW 36.70A.3201
.
RCW 35.13.1821
Annexation of unincorporated island of territory
—
Referendum
—
Election.
The annexation ordinance provided for in *RCW 35.13.182
is subject to referendum for forty-five days after its passage. 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 the 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 the election shall be given as provided in RCW 35.13.080
and the election shall be conducted as provided in the general election law. 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 city or town upon the date fixed in the ordinance of annexation.
[
2006 c 344 s 22
;
1998 c 286 s 2
.]
NOTES:
*Reviser's note:
The reference to RCW 35.13.182
appears to be erroneous. RCW 35.13.1822
was apparently intended.
Effective date
—
2006 c 344 ss 1-16 and 18-40:
See note following RCW 29A.04.311
.
RCW 35.13.1822
Annexation of unincorporated island of territory
—
Notice, hearing.
On the date set for hearing as provided in RCW 35.13.182
(2), 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.
[
1998 c 286 s 3
.]
RCW 35.13.185
Annexation of federal areas by first-class city.
Any unincorporated area contiguous to a first-class city may be annexed thereto by an ordinance accepting a gift, grant, lease or cession of jurisdiction from the government of the United States of the right to occupy or control it.
[
1965 c 7 s 35.13.185
. Prior:
1957 c 239 s 7
.]
RCW 35.13.190
Annexation of federal areas by second-class cities and towns.
Any unincorporated area contiguous to a second-class city or town may be annexed thereto by an ordinance accepting a gift, grant, or lease from the government of the United States of the right to occupy, control, improve it or sublet it for commercial, manufacturing, or industrial purposes: PROVIDED, That this shall not apply to any territory more than four miles from the corporate limits existing before such annexation.
[
1994 c 81 s 12
;
1965 c 7 s 35.13.190
. Prior: 1915 c 13 s 1, part; RRS s 8906, part.]
NOTES:
Validating
—
1915 c 13:
"All ordinances heretofore passed by the legislative authority of any such incorporated city for the purpose of accepting any gift, grant or lease of or annexing any territory as hereinabove provided are hereby validated." [
1915 c 13 s 3
.]
RCW 35.13.200
Annexation of federal areas by second-class cities and towns
—
Annexation ordinance
—
Provisions.
In the ordinance annexing territory pursuant to a gift, grant, or lease from the government of the United States, a second-class city or town may include such tide and shore lands [tidelands and shorelands] as may be necessary or convenient for the use thereof, may include in the ordinance an acceptance of the terms and conditions attached to the gift, grant, or lease and may provide in the ordinance for the annexed territory to become a separate ward of the city or town or part or parts of adjacent wards.
[
1994 c 81 s 13
;
1965 c 7 s 35.13.200
. Prior: (i) 1915 c 13 s 1, part; RRS s 8906, part. (ii) 1915 c 13 s 2, part; RRS s 8907, part.]
RCW 35.13.210
Annexation of federal areas by second-class cities and towns
—
Authority over annexed territory.
A second-class city or town may cause territory annexed pursuant to a gift, grant, or lease of the government of the United States to be surveyed, subdivided and platted into lots, blocks, or tracts and lay out, reserve for public use, and improve streets, roads, alleys, slips, and other public places. It may grant or sublet any lot, block, or tract therein for commercial, manufacturing, or industrial purposes and reserve, receive and collect rents therefrom. It may expend the rents received therefrom in making and maintaining public improvements therein, and if any surplus remains at the end of any fiscal year, may transfer it to the city's or town's current expense fund.
[
1994 c 81 s 14
;
1965 c 7 s 35.13.210
. Prior: 1915 c 13 s 2, part; RRS s 8907, part.]
RCW 35.13.215
Annexation of fire districts
—
Transfer of employees.
(1) If any portion of a fire protection district is proposed for annexation to or incorporation into a city, code city, or town, both the fire protection district and the city, code city, or town shall jointly inform the employees of the fire protection district about hires, separations, terminations, and any other changes in employment that are a direct consequence of annexation or incorporations at the earliest reasonable opportunity.
(2) If any portion of a fire protection district is annexed to or incorporated into a city, code city or town, any employee of the fire protection district who (a) was at the time of such annexation or incorporation employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the city, code city or town fire department (b) will, as a direct consequence of annexation or incorporation, be separated from the employ of the fire protection district, and (c) can perform the duties and meet the minimum requirements of the position to be filled, then such employee may transfer employment to the civil service system of the city, code city or town fire department as provided for in this section and RCW 35.13.225
and
35.13.235
.
(3) For purposes of this section and RCW 35.13.225
and
35.13.235, employee means an individual whose employment with a fire protection district has been terminated because the fire protection district was annexed by a city, code city or town for purposes of fire protection.
[
2009 c 60 s 4
;
1986 c 254 s 7
.]
RCW 35.13.225
Annexation of fire districts
—
Transfer of employees
—
Rights and benefits.
(1) An eligible employee may transfer into the civil service system of the city, code city, or town fire department by filing a written request with the city, code city, or town civil service commission and by giving written notice of the request to the board of commissioners of the fire protection district. Upon receipt of the request by the civil service commission, the transfer of employment must be made. The needed employees shall be taken in order of seniority and the remaining employees who transfer as provided in this section and RCW 35.13.215
and
35.13.235
shall head the list for employment in the civil service system in order of their seniority, to the end that they shall be the first to be reemployed in the city, code city, or town fire department when appropriate positions become available: PROVIDED, That employees who are not immediately hired by the city, code city, or town shall be placed on a reemployment list for a period not to exceed thirty-six months unless a longer period is authorized by an agreement reached between the collective bargaining representatives of the employees of the annexing and annexed fire agencies and the annexing and annexed fire agencies.
(2)(a) Upon transfer, an employee is entitled to the employee rights, benefits, and privileges to which he or she would have been entitled as an employee of the fire protection district, including rights to:
(i) Compensation at least equal to the level of compensation at the time of transfer, unless the employee's rank and duties have been reduced as a result of the transfer. If the transferring employee is placed in a position with reduced rank and duties, the employee's compensation may be adjusted, but the adjustment may not result in a decrease of greater than fifty percent of the difference between the employee's compensation before the transfer and the compensation level for the position that the employee is transferred to;
(ii) Retirement, vacation, sick leave, and any other accrued benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no requirement for an additional probationary period if one had been completed before the transfer date.
(b) (a) of this subsection does not apply if upon transfer an agreement for different terms of transfer is reached between the collective bargaining representatives of the transferring employees and the participating fire protection jurisdictions.
(3) If upon transfer, the transferring employee receives the rights, benefits, and privileges established under subsection (2)(a)(i) through (iv) of this section, those rights, benefits, and privileges are subject to collective bargaining at the end of the current bargaining period for the jurisdiction to which the employee has transferred.
(4) Such bargaining must take into account the years of service the transferring employee accumulated before the transfer and must be treated as if those years of service occurred in the jurisdiction to which the employee has transferred.
[
2009 c 60 s 5
;
1994 c 73 s 3
;
1986 c 254 s 8
.]
NOTES:
Effective date
—
1994 c 73:
See note following RCW 35.10.365
.
RCW 35.13.235
Annexation of fire districts
—
Transfer of employees
—
Notice
—
Time limitation.
If any portion of a fire protection district is annexed to or incorporated into a city, code city or town, and as a result any employee is laid off who is eligible to transfer to the city, code city or town fire department under this section and RCW 35.13.215
and
35.13.225
the fire protection district shall notify the employee of the right to transfer and the employee shall have ninety days to transfer employment to the city, code city or town fire department.
[
1986 c 254 s 9
.]
RCW 35.13.238
Annexation of territory served by fire districts, interlocal agreement process
—
Annexation of fire districts, transfer of employees.
(1)(a) An annexation by a city or town that is proposing to annex territory served by one or more fire protection districts may be accomplished by ordinance after entering into an interlocal agreement as provided in chapter
39.34
RCW with the county and the fire protection district or districts that have jurisdiction over the territory proposed for annexation.
(b) A city or town proposing to annex territory shall initiate the interlocal agreement process by sending notice to the fire protection district representative and county representative stating the city's or town's interest to enter into an interlocal agreement negotiation process. The parties have forty-five days to respond in the affirmative or negative. A negative response must state the reasons the parties do not wish to participate in an interlocal agreement negotiation. A failure to respond within the forty-five day period is deemed an affirmative response and the interlocal agreement negotiation process may proceed. The interlocal agreement process may not proceed if any negative responses are received within the forty-five day period.
(c) The interlocal agreement must describe the boundaries of the territory proposed for annexation and must be consistent with the boundaries identified in an ordinance describing the boundaries of the territory proposed for annexation and setting a date for a public hearing on the ordinance. If the boundaries of the territory proposed for annexation are agreed to by all parties, a notice of intention must be filed with the boundary review board created under RCW 36.93.030
. However, the jurisdiction of the board may not be invoked as described in RCW 36.93.100
for annexations that are the subject of such agreement.
(2) An interlocal annexation agreement under this section must include the following:
(a) A statement of the goals of the agreement. Goals must include, but are not limited to:
(i) The transfer of revenues and assets between the fire protection districts and the city or town;
(ii) A consideration and discussion of the impact to the level of service of annexation on the unincorporated area, and an agreement that the impact on the ability of fire protection and emergency medical services within the incorporated area must not be negatively impacted at least through the budget cycle in which the annexation occurs;
(iii) A discussion with fire protection districts regarding the division of assets and its impact to citizens inside and outside the newly annexed area;
(iv) Community involvement, including an agreed upon schedule of public meetings in the area or areas proposed for annexation;
(v) Revenue sharing, if any;
(vi) Debt distribution;
(vii) Capital facilities obligations of the city, county, and fire protection districts;
(viii) An overall schedule or plan on the timing of any annexations covered under this agreement; and
(ix) A description of which of the annexing cities' development regulations will apply and be enforced in the area.
(b) The subject areas and policies and procedures the parties agree to undertake in annexations. Subject areas may include, but are not limited to:
(i) Roads and traffic impact mitigation;
(ii) Surface and stormwater management;
(iii) Coordination and timing of comprehensive plan and development regulation updates;
(iv) Outstanding bonds and special or improvement district assessments;
(v) Annexation procedures;
(vi) Distribution of debt and revenue sharing for annexation proposals, code enforcement, and inspection services;
(vii) Financial and administrative services; and
(viii) Consultation with other service providers, including water-sewer districts, if applicable.
(c) A term of at least five years, which may be extended by mutual agreement of the city or town, the county, and the fire protection district.
(3) If the fire protection district, annexing city or town, and county reach an agreement on the enumerated goals, or if only the annexing city or town and county reach an agreement on the enumerated goals, the city or town may adopt an annexation ordinance, but the annexation ordinance provided for in this section is subject to referendum for forty-five days after its passage, provided that no referendum shall be allowed for an annexation under this section if the fire protection district, annexing city or town, and the county reach agreement on an annexation for which a city or town has initiated the interlocal agreement process by sending notice to the fire protection district representative and county representative prior to July 28, 2013. Upon the filing of a timely and sufficient referendum petition with the legislative body of the city or town, signed by qualified electors in a number 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 must be submitted to the voters of the 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 the election must be given as provided in RCW 35.13.080, and the election must be conducted as provided in the general election laws under Title
29A
RCW. The annexation must be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition to the annexation.
After the expiration of the forty-fifth day from, but excluding, the date of passage of the annexation ordinance, if a timely and sufficient referendum petition has not been filed, the area annexed becomes a part of the city or town upon the date fixed in the ordinance of annexation.
(4) If any portion of a fire protection district is proposed for annexation to or incorporation into a city or town, both the fire protection district and the city or town shall jointly inform the employees of the fire protection district about hires, separations, terminations, and any other changes in employment that are a direct consequence of annexation or incorporation at the earliest reasonable opportunity.
(5) The needed employees shall be taken in order of seniority and the remaining employees who transfer as provided in this section and RCW 35.10.360
and
35.10.370
shall head the list for employment in the civil service system in order of their seniority, to the end that they shall be the first to be reemployed in the city or town fire department when appropriate positions become available. Employees who are not immediately hired by the city or town shall be placed on a reemployment list for a period not to exceed thirty-six months unless a longer period is authorized by an agreement reached between the collective bargaining representatives of the employees of the annexing and annexed fire agencies and the annexing and annexed fire agencies.
(6)(a) Upon transfer, an employee is entitled to the employee rights, benefits, and privileges to which he or she would have been entitled as an employee of the fire protection district, including rights to:
(i) Compensation at least equal to the level of compensation at the time of transfer, unless the employee's rank and duties have been reduced as a result of the transfer. If the transferring employee is placed in a position with reduced rank and duties, the employee's compensation may be adjusted, but the adjustment may not result in a decrease of greater than fifty percent of the difference between the employee's compensation before the transfer and the compensation level for the position that the employee is transferred to;
(ii) Retirement, vacation, sick leave, and any other accrued benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no requirement for an additional probationary period if one had been completed before the transfer date.
(b) (a) of this subsection does not apply if upon transfer an agreement for different terms of transfer is reached between the collective bargaining representatives of the transferring employees and the participating fire protection jurisdictions.
(7) If upon transfer, the transferring employee receives the rights, benefits, and privileges established under subsection (6)(a)(i) through (iv) of this section, those rights, benefits, and privileges are subject to collective bargaining at the end of the current bargaining period for the jurisdiction to which the employee has transferred.
(8) Such bargaining must take into account the years of service the transferring employee accumulated before the transfer and must be treated as if those years of service occurred in the jurisdiction to which the employee has transferred.
[
2013 2nd sp.s. c 27 s 3
;
2009 c 60 s 7
.]
NOTES:
Effective date
—
2013 2nd sp.s. c 27:
See note following RCW 35A.14.295
.
RCW 35.13.249
Annexation of fire districts
—
Ownership of assets of fire protection district
—
Outstanding indebtedness not affected.
When any portion of a fire protection district is annexed by or incorporated into a city or town, any outstanding indebtedness, bonded or otherwise, shall remain an obligation of the taxable property annexed or incorporated as if the annexation or incorporation had not occurred.
[
1965 c 7 s 35.13.249
. Prior:
1963 c 231 s 5
.]
RCW 35.13.252
Fire protection and safety in proposed annexed territory
—
Report request.
Upon the written request of a fire protection district, cities and towns annexing territory under this chapter shall, prior to completing the annexation, issue a report regarding the likely effects that the annexation and any associated asset transfers may have upon the safety of residents within and outside the proposed annexation area. The report must address, but is not limited to, the provisions of fire protection and emergency medical services within and outside of the proposed annexation area. A fire protection district may only request a report under this section when at least five percent of the assessed valuation of the fire protection district will be annexed.
[
2009 c 60 s 6
.]
RCW 35.13.256
Fire protection services
—
Benefit charge
—
Resolution
—
Exemptions
—
Definitions.
(1) A city or town that has annexed since 2006 or is conducting annexations of all or a part of a fire protection district or fire protection districts may by resolution, for the enhancement of fire protection services, fix and impose a benefit charge on personal property and improvements to real property that are located in the city or town, to be paid by the owners of the properties: PROVIDED, That a benefit charge shall not apply to personal property and improvements to real property owned or used by: (a) Any recognized religious denomination or religious organization as, or including, a sanctuary or for purposes related to the bona fide religious ministries of the denomination or religious organization, including schools and educational facilities used for kindergarten, primary, or secondary educational purposes or for institutions of higher education and all grounds and buildings related thereto, but not including personal property and improvements to real property owned or used by any recognized religious denomination or religious organization for business operations, profit-making enterprises, or activities not including use of a sanctuary or related to kindergarten, primary, or secondary educational purposes or for institutions of higher education; or (b) any entity exempt from taxation under RCW 35.82.210, 84.36.030
(3), or
84.36.560
.
(2) A benefit charge imposed shall be reasonably proportioned to the measurable benefits to property resulting from the enhancement of services afforded by the city or town fire department. It is acceptable to apportion the benefit charge to the values of the properties as found by the county assessor or assessors modified generally in the proportion that fire insurance rates are reduced or entitled to be reduced as the result of providing the services. Any other method that reasonably apportions the benefit charges to the actual benefits resulting from the degree of protection, which may include but is not limited to the distance from regularly maintained fire protection equipment, the level of fire prevention services provided to the properties, or the need of the properties for specialized services, may be specified in the resolution and shall be subject to contest on the ground of unreasonable or capricious action or action in excess of the measurable benefits to the property resulting from services afforded by the city or town fire department. The city or town may determine that certain properties or types or classes of properties are not receiving measurable benefits based on criteria they establish by resolution. A benefit charge authorized by this section shall not be applicable to the personal property or improvements to real property of any individual, corporation, partnership, firm, organization, or association maintaining a fire department and whose fire protection and training system has been accepted by a fire insurance underwriter maintaining a fire protection engineering and inspection service authorized by the state insurance commissioner to do business in this state, but such property may be protected by the city or town under a contractual agreement. For administrative purposes, the benefit charge imposed on any individual property may be compiled into a single charge, provided that the city or town, upon request of the property owner, provide an itemized list of charges for each measurable benefit included in the charge.
(3) The resolution establishing benefit charges shall specify, by legal geographical areas or other specific designations, the charge to apply to each property by location, type, or other designation, or other information that is necessary to the proper computation of the benefit charge to be charged to each property owner subject to the resolution. The county assessor of each county shall determine and identify the personal properties and improvements to real property which are subject to a benefit charge in each city or town and shall furnish and deliver to the county treasurer of that county a listing of the properties with information describing the location, legal description, and address of the person to whom the statement of benefit charges is to be mailed, the name of the owner, and the value of the property and improvements, together with the benefit charge to apply to each. These benefit charges shall be certified to the county treasurer for collection in the same manner that is used for the collection of fire protection assessments for forestlands protected by the department of natural resources under RCW 76.04.610
and the same penalties and provisions for collection shall apply.
(4) Each city and town shall contract, prior to the imposition of a benefit charge, for the administration and collection of the benefit charge by each county treasurer, who shall deduct a percent, as provided by contract to reimburse the county for expenses incurred by the county assessor and county treasurer in the administration of the resolution and this section. The county treasurer shall make distributions each year, as the charges are collected, in the amount of the benefit charges imposed on behalf of the city or town, less the deduction provided for in the contract.
(5) Any benefit charge authorized by this section shall not be effective unless a proposition to impose the benefit charge is approved by a sixty percent majority of the voters of the city or town voting at a general election or at a special election called by the city or town for that purpose, held within the city or town. An election held pursuant to this section shall be held not more than twelve months prior to the date on which the first such charge is to be assessed: PROVIDED, That a benefit charge approved at an election shall not remain in effect for a period of more than six years nor more than the number of years authorized by the voters if fewer than six years unless subsequently reapproved by the voters.
(6) The ballot shall be submitted so as to enable the voters favoring the authorization of a benefit charge to vote "Yes" and those opposed thereto to vote "No," and the ballot shall be:
"Shall . . . . . . . . . . be authorized to impose benefit charges each year for . . . . (insert number of years not to exceed six) years, not to exceed an amount equal to . . . . (insert percentage amount not to exceed sixty) percent of its fire department operating budget?
YES
NO
□
□"
(7) A city or town renewing the benefit charge may elect to use the following alternative ballot:
"Shall . . . . . . . . . .  be authorized to continue voter-authorized benefit charges each year for . . . . (insert number of years not to exceed six) years, not to exceed an amount equal to . . . . (insert percentage amount not to exceed sixty) percent of its fire department operating budget?
YES
NO
□
□"
(8) Not less than ten days nor more than six months before the election at which the proposition to impose the benefit charge is submitted as provided in this section, the city or town shall hold a public hearing specifically setting forth its proposal to impose benefit charges for the support of its legally authorized activities which will maintain or improve the services afforded in the city or town. A report of the public hearing shall be filed with the county treasurer of each county in which the property is located and be available for public inspection.
(9)(a) Prior to November 15th of each year the city or town shall hold a public hearing to review and establish the benefit charges for the subsequent year.
(b) All resolutions imposing or changing the benefit charges shall be filed with the county treasurer for each county in which the property is located, together with the record of each public hearing, before November 30th immediately preceding the year in which the benefit charges are to be collected on behalf of the city or town fire department.
(c) After the benefit charges have been established, the owners of the property subject to the charge shall be notified of the amount of the charge.
(10) After notice has been given to the property owners of the amount of the charge, the city or town imposing a benefit charge under this section shall form a review board for at least a two-week period and shall, upon complaint in writing of a party aggrieved owning property in the city or town, reduce the charge of a person who, in their opinion, has been charged too large a sum, to a sum or amount as they believe to be the true, fair, and just amount.
(11) A person who is receiving the exemption contained in RCW 84.36.381
through
84.36.389
shall be exempt from any legal obligation to pay a portion of the charge imposed by this section according to the following:
(a) A person who meets the income limitation contained in RCW 84.36.381
(5)(a) and does not meet the income limitation contained in RCW 84.36.381
(5)(b) (i) or (ii) shall be exempt from twenty-five percent of the charge.
(b) A person who meets the income limitation contained in RCW 84.36.381
(5)(b)(i) shall be exempt from fifty percent of the charge.
(c) A person who meets the income limitation contained in RCW 84.36.381
(5)(b)(ii) shall be exempt from seventy-five percent of the charge.
(12) For the purposes of this section:
(a) "Personal property" includes every form of tangible personal property , including but not limited to, all goods, chattels, stock in trade, estates, or crops, except that the term "personal property" does not include any personal property used for farming, field crops, farm equipment, or livestock; and
(b) "Improvements to real property" does not include permanent growing crops, field improvements installed for the purpose of aiding the growth of permanent crops, or other field improvements normally not subject to damage by fire.
[
2012 c 47 s 1
.]
RCW 35.13.260
Determining population of annexed territory
—
Certificate
—
As basis for allocation of state funds
—
Revised certificate.
(1) Whenever any territory is annexed to a city or town, a certificate as hereinafter provided must be submitted to the office of financial management, hereinafter in this section referred to as "the office," within thirty days of the effective date of the action specified in the relevant ordinance. After approval of the certificate, the office shall retain the original copy and post a copy to the office of financial management website that is accessible to the public. The office must notify the department of transportation and the city or town that the certificate has been approved and posted, and include a link to the website. The certificates must be in a form and contain information as prescribed by the office. A copy of the complete ordinance containing a legal description and a map showing specifically the boundaries of the annexed territory must be included with the certificate. The certificate shall be signed by the mayor and attested by the city clerk. Upon request, the office shall furnish certification forms to any city or town.
(2)(a) The resident population of the annexed territory shall be determined by, or under the direction of, the mayor of the city or town.
(b) If the annexing city or town has a population of ten thousand or less, the annexed territory consists entirely of one or more partial federal census blocks, or 2010 federal decennial census data has not been released within twelve months immediately prior to the date of annexation, the population determination shall consist of an actual enumeration of the population.
(c) In any circumstance, the city or town may choose to have the population determination of the entire annexed territory consist of an actual enumeration. However, if the city or town does not use actual enumeration for determining population, the annexed territory includes or consists of one or more complete federal census blocks, and 2010 federal decennial census data has been released within twelve months immediately prior to the date of annexation, the population determination shall consist of:
(i) Relevant 2010 federal decennial census data pertaining to the complete block or blocks, as such data has been updated by the most recent official population estimate released by the office pursuant to RCW 43.62.030
;
(ii) An actual enumeration of any population located within the annexed territory but outside the complete federal census block or blocks; and
(iii) If the office, at least two weeks prior to the date of annexation, confirms the existence of a known census error within a complete federal census block and identifies a structure or complex listed in (c)(iii)(A) through (E) of this subsection (2) as a likely source of the error, an actual enumeration of one or more of the block's identified:
(A) Group quarters;
(B) Mobile home parks;
(C) Apartment buildings that are composed of at least fifty units and are certified for occupancy between January 1, 2010, and April 1, 2011;
(D) Missing subdivisions; and
(E) Closures of any of the categories in (c)(iii)(A) through (D) of this subsection.
(d) Whenever an actual enumeration is used, it shall be made in accordance with the practices and policies of, and subject to the approval of, the office.
(e) The city or town shall be responsible for the full cost of the population determination.
(3) The population shall be determined as of the effective date of annexation as specified in the relevant ordinance.
Until an annexation certificate is filed and approved as provided herein, such annexed territory shall not be considered by the office in determining the population of such city or town.
Upon approval of the annexation certificate, the office shall forward to each state official or department responsible for making allocations or payments to cities or towns, a revised certificate reflecting the increase in population due to such annexation. Upon and after the date of the commencement of the next quarterly period, the population determination indicated in such revised certificate shall be used as the basis for the allocation and payment of state funds to such city or town.
For the purposes of this section, each quarterly period shall commence on the first day of the months of January, April, July, and October. Whenever a revised certificate is forwarded by the office thirty days or less prior to the commencement of the next quarterly period, the population of the annexed territory shall not be considered until the commencement of the following quarterly period.
[
2024 c 30 s 1
;
2011 c 342 s 1
;
1979 c 151 s 25
;
1975 1st ex.s. c 31 s 1
;
1969 ex.s. c 50 s 1
;
1967 ex.s. c 42 s 2
;
1965 c 7 s 35.13.260
. Prior:
1961 c 51 s 1
;
1957 c 175 s 14
; prior: 1951 c 248 s 5, part.]
NOTES:
Effective date
—
2011 c 342:
"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 takes effect immediately [May 12, 2011]." [
2011 c 342 s 3
.]
Effective date
—
1967 ex.s. c 42:
See note following RCW 3.30.010
.
Savings
—
1967 ex.s. c 42:
See note following RCW 3.30.010
.
Allocations to cities and towns from motor vehicle fund: RCW 46.68.110
.
Census to be conducted in decennial periods: State Constitution Art. 2 s 3.
Population determinations, office of financial management: Chapter
43.62
RCW.
RCW 35.13.270
Taxes collected in annexed territory
—
Notification of annexation.
(1) Whenever any territory is annexed to a city or town which is part of a road district of the county and road district taxes have been levied but not collected on any property within the annexed territory, the same shall when collected by the county treasurer be paid to the city or town and by the city or town placed in the city or town street fund; except that road district taxes that are delinquent before the date of annexation shall be paid to the county and placed in the county road fund.
(2) When territory that is part of a fire district is annexed to a city or town, the following apply:
(a) Fire district taxes on annexed property that were levied, but not collected, and were not delinquent at the time of the annexation shall, when collected, be paid to the annexing city or town at times required by the county, but no less frequently than by July 10th for collections through June 30th and January 10th for collections through December 31st following the annexation; and
(b) Fire district taxes on annexed property that were levied, but not collected, and were delinquent at the time of the annexation and the pro rata share of the current year levy budgeted for general obligation debt, when collected, shall be paid to the fire district.
(3) When territory that is part of a library district is annexed to a city or town, the following apply:
(a) Library district taxes on annexed property that were levied, but not collected, and were not delinquent at the time of the annexation shall, when collected, be paid to the annexing city or town at times required by the county, but no less frequently than by July 10th for collections through June 30th and January 10th for collections through December 31st following the annexation; and
(b) Library district taxes on annexed property that were levied, but not collected, and were delinquent at the time of the annexation and the pro rata share of the current year levy budgeted for general obligation debt, when collected, shall be paid to the library district.
(4) Subsections (1) through (3) of this section do not apply to any special assessments due in behalf of such property.
(5) If a city or town annexes property within a fire district or library district while any general obligation bond secured by the taxing authority of the district is outstanding, the bonded indebtedness of the fire district or library district remains an obligation of the taxable property annexed as if the annexation had not occurred.
(6) For each annexation by a city or town, the city or town must provide notification, by certified mail or electronic means, that includes a list of annexed parcel numbers and the street address to the county treasurer and assessor, to the light and power businesses and gas distribution businesses, and to the fire district and library district, as appropriate, at least sixty days before the effective date of the annexation. The county treasurer is only required to remit to the city or town those road taxes, fire district taxes, and library district taxes collected sixty days or more after receipt of the notification. The light and power businesses and gas distribution businesses are only required to remit to the city or town those utility taxes collected sixty days or more after receipt of the notification.
(7)(a) In counties that do not have a boundary review board, the city or town shall provide notification to the fire district or library district of the jurisdiction's resolution approving the annexation. The notification required under this subsection must:
(i) Be made by certified mail within seven days of the resolution approving the annexation; and
(ii) Include a description of the annexed area.
(b) In counties that have a boundary review board, the city or town shall provide notification of the proposed annexation to the fire district or library district simultaneously when notice of the proposed annexation is provided by the jurisdiction to the boundary review board under RCW 36.93.090
.
(8) The provisions of this section regarding (a) the transfer of fire and library district property taxes and (b) city and town notifications to fire and library districts do not apply if the city or town has been annexed to and is within the fire or library district when the city or town approves a resolution to annex unincorporated county territory.
(9) An error or accidental omission by a city or town in the transmitted annexation notice required under this section may be corrected by the city or town by providing an amended notice to the county treasurer and assessor, the light and power businesses, the gas distribution businesses, and to the fire district and library district, as appropriate. The recipient of the amended notice is only required to remit applicable taxes to the city or town, in accordance with the corrected information, sixty days after its receipt of the amended notice.
(10) For purposes of this section, "electronic means" means an electronic format agreed to by both sender and recipient that conveys all applicable notification information.
[
2014 c 123 s 1
;
2007 c 285 s 1
;
2001 c 299 s 2
;
1998 c 106 s 1
;
1965 c 7 s 35.13.270
. Prior:
1957 c 175 s 15
; prior: 1951 c 248 s 5, part.]
RCW 35.13.280
Cancellation, acquisition of franchise or permit for operation of public service business in territory annexed
—
Regulation of solid waste collection.
The annexation by any city or town of any territory pursuant to those provisions of chapter
35.10
RCW which relate to the annexation of a city or town to a city or town, or pursuant to the provisions of chapter
35.13
RCW shall cancel, as of the effective date of such annexation, any franchise or permit theretofore granted to any person, firm or corporation by the state of Washington, or by the governing body of such annexed territory, authorizing or otherwise permitting the operation of any public transportation, garbage disposal or other similar public service business or facility within the limits of the annexed territory, but the holder of any such franchise or permit canceled pursuant to this section shall be forthwith granted by the annexing city or town a franchise to continue such business within the annexed territory for a term of not less than seven years from the date of issuance thereof, and the annexing city or town, by franchise, permit or public operation, shall not extend similar or competing services to the annexed territory except upon a proper showing of the inability or refusal of such person, firm or corporation to adequately service said annexed territory at a reasonable price: PROVIDED, That the provisions of this section shall not preclude the purchase by the annexing city or town of said franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm or corporation whose franchise or permit has been canceled by the terms of this section shall suffer any measurable damages as a result of any annexation pursuant to the provisions of the laws above mentioned, such person, firm or corporation shall have a right of action against any city or town causing such damages.
After an annexation by a city or town, the utilities and transportation commission shall continue to regulate solid waste collection within the limits of the annexed territory until such time as the city or town notifies the commission, in writing, of its decision to contract for solid waste collection or provide solid waste collection itself pursuant to RCW 81.77.020
. In the event the annexing city or town at any time decides to contract for solid waste collection or decides to undertake solid waste collection itself, the holder of any such franchise or permit that is so canceled in whole or in part shall be forthwith granted by the annexing city or town a franchise to continue such business within the annexed territory for a term of not less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the shorter period, and the city or town, by franchise, permit, or public operation, shall not extend similar or competing services to the annexed territory except upon a proper showing of the inability or refusal of such person, firm, or corporation to adequately service the annexed territory at a reasonable price. Upon the effective date specified by the city or town council's ordinance or resolution to have the city or town contract for solid waste collection or undertake solid waste collection itself, the transition period specified in this section begins to run. This section does not preclude the purchase by the annexing city or town of the franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm, or corporation whose franchise or permit has been canceled by the terms of this section suffers any measurable damages as a result of any annexation pursuant to this chapter, such person, firm, or corporation has a right of action against any city or town causing such damages.
[
1997 c 171 s 2
;
1994 c 81 s 15
;
1983 c 3 s 54
;
1965 c 7 s 35.13.280
. Prior:
1957 c 282 s 1
.]
NOTES:
Severability
—
1997 c 171:
See note following RCW 35.02.160
.
RCW 35.13.290
When right-of-way may be included
—
Use of right-of-way line as corporate boundary.
The boundaries of a city or town arising from an annexation of territory shall not include a portion of the right-of-way of any public street, road, or highway except where the boundary runs from one edge of the right-of-way to the other edge of the right-of-way. However, the right-of-way line of any public street, road, or highway, or any segment thereof, may be used to define a part of a corporate boundary in an annexation proceeding.
[
1989 c 84 s 8
.]
RCW 35.13.300
Boundary line adjustment
—
Purpose
—
Definition.
The purpose of RCW 35.13.300
through
35.13.330
is to establish a process for the adjustment of existing or proposed city boundary lines to avoid a situation where a common boundary line is or would be located within a right-of-way of a public street, road, or highway, or a situation where two cities are separated or would be separated by only the right-of-way of a public street, road, or highway, other than situations where a boundary line runs from one edge of the right-of-way to the other edge of the right-of-way.
As used in RCW 35.13.300
through
35.13.330, "city" includes every city or town in the state, including a code city operating under Title
35A
RCW.
[
1989 c 84 s 12
.]
RCW 35.13.310
Boundary line adjustment
—
Agreement
—
Not subject to review.
(1) This section provides a method to adjust the boundary lines between two cities where the two cities share a common boundary within a right-of-way of a public street, road, or highway, or the two cities have a portion of their boundaries separated only by all or part of the right-of-way of a public street, road, or highway. However, this section does not apply to situations where a boundary line runs from one edge of the right-of-way to the other edge of the right-of-way.
(2) The councils of any two cities in a situation described in subsection (1) of this section may enter into an agreement to alter those portions of their boundaries that are necessary to eliminate this situation and create a partial common boundary on either edge of the right-of-way of the public street, road, or highway. An agreement made under this section shall include only boundary line adjustments between the two cities that are necessary to eliminate the situation described in subsection (1) of this section.
A boundary line adjustment under this section is not subject to potential review by a boundary review board.
[
1989 c 84 s 13
.]
RCW 35.13.320
Boundary line adjustment
—
When adjustment required
—
Limitation
—
Not subject to review.
The councils of any two cities that will be in a situation described in RCW 35.13.310
(1) as the result of a proposed annexation by one of the cities may enter into an agreement to adjust those portions of the annexation proposal and the boundaries of the city that is not proposing the annexation. Such an agreement shall not be effective unless the annexation is made.
The annexation proposal shall proceed if such an agreement were not made, but any resulting boundaries between the two cities that meet the descriptions of RCW 35.13.310
(1) shall be adjusted by agreement between the two cities within one hundred eighty days of the effective date of the annexation, or the county legislative authority of the county within which the right-of-way is located shall adjust the boundaries within a sixty-day period immediately following the one hundred eightieth day.
An agreement or adjustment made by a county under this section shall include only boundary line adjustments between the two cities that are necessary to eliminate the situation described in RCW 35.13.310
(1).
A boundary line adjustment under this section is not subject to potential review by a boundary review board.
[
1989 c 84 s 14
.]
RCW 35.13.330
Boundary line adjustment
—
Agreement pending incorporation
—
Limitation
—
Not subject to review.
(1) The purpose of this section is to avoid situations arising where the boundaries of an existing city and a newly incorporated city would create a situation described in RCW 35.13.310
(1).
(2) A boundary review board that reviews the boundaries of a proposed incorporation may enter into an agreement with the council of a city, that would be in a situation described in subsection (1) of this section as the result of a proposed incorporation of a city, to adjust the boundary line of the city and those of the city proposed to be incorporated to avoid this situation described in subsection (1) of this section if the incorporation were to be approved by the voters. Such an agreement shall not be effective unless the incorporation occurs.
The incorporation proposal shall proceed if such an agreement were not made, but any resulting boundaries between the two cities that meet create a situation described in RCW 35.13.310
(1) shall be adjusted by agreement between the two cities within one hundred eighty days of the official date of the incorporation, or the county legislative authority of the county within which the right-of-way is located shall adjust the boundaries within a sixty-day period immediately following the one hundred eightieth day.
An agreement or adjustment made by a county under this section shall include only boundary line adjustments between the two cities that are necessary to eliminate the situation described in RCW 35.13.310
(1).
A boundary line adjustment under this section is not subject to potential review by a boundary review board.
[
1989 c 84 s 15
.]
RCW 35.13.340
Boundary line adjustment
—
Inclusion or exclusion of remaining portion of parcel
—
When subject to review
—
Definition.
The boundaries of a city shall be adjusted to include or exclude the remaining portion of a parcel of land located partially within and partially without *of the boundaries of that city upon the governing body of the city adopting a resolution approving such an adjustment that was requested in a petition signed by the owner of the parcel. A boundary adjustment made pursuant to this section shall not be subject to potential review by the boundary review board of the county within which the parcel is located if the remaining portion of the parcel to be included or excluded from the city is located in the unincorporated area of the county and the adjustment is approved by resolution of the county legislative authority or in writing by a county official or employee of the county who is designated by ordinance of the county to make such approvals.
Where part of a single parcel of land is located within the boundaries of one city, and the remainder of the parcel is located within the boundaries of a second city that is located immediately adjacent to the first city, the boundaries of the two cities may be adjusted so that all of the parcel is located within either of the cities, if the adjustment was requested in a petition signed by the property owner and is approved by both cities. Approval by a city may be through either resolution of its city council, or in writing by an official or employee of the city who has been designated by ordinance of the city to make such approvals. Such an adjustment is not subject to potential review by the boundary review board of the county in which the parcel is located.
Whenever a portion of a public right-of-way is located on such a parcel, the boundary adjustment shall be made in such a manner as to include all or none of that portion of the public right-of-way within the boundaries of the city.
As used in this section, "city" shall include any city or town, including a code city.
[
1989 c 84 s 24
.]
NOTES:
*Reviser's note:
The word "of" appears to be unnecessary.
RCW 35.13.350
Providing annexation information to public.
A city or town can provide factual public information on the effects of a pending annexation proposed for the city or town.
[
1989 c 351 s 8
.]
RCW 35.13.360
Transfer of county sheriff's employees
—
Purpose.
It is the purpose of RCW 35.13.360
through
35.13.400
to require the lateral transfer of any qualified county sheriff's employee who, by reason of annexation or incorporation of an unincorporated area of a county, will or is likely to be laid off due to sheriff's department cutbacks resulting from the loss of the unincorporated law enforcement responsibility.
[
1993 c 189 s 2
.]
RCW 35.13.370
Transfer of county sheriff's employees
—
When authorized.
When any portion of an unincorporated area of a county is to be annexed or incorporated into a city, code city, or town, any employee of the sheriff's office of the county may transfer his or her employment to the police department of the city, code city, or town as provided in RCW 35.13.360
through
35.13.400
if the employee: (1) Was, at the time the annexation or incorporation occurred, employed exclusively or principally in performing the powers, duties, and functions of the county sheriff's office; (2) will, as a direct consequence of the annexation or incorporation, be separated from the employ of the county; and (3) can perform the duties and meets the city's, code city's or town's minimum standards and qualifications of the position to be filled within their police department.
Nothing in this section or RCW 35.13.380
requires a city, code city, or town to accept the voluntary transfer of employment of a person who will not be laid off due to his or her seniority status.
[
1993 c 189 s 3
.]
RCW 35.13.380
Transfer of county sheriff's employees
—
Conditions, limitations.
(1) An eligible employee under RCW 35.13.370
may transfer into the civil service system for the police department by filing a written request with the civil service commission of the affected city, code city, or town and by giving written notice thereof to the legislative authority of the county. Upon receipt of such request by the civil service commission the transfer shall be made. The employee so transferring will: (a) Be on probation for the same period as are new employees in the same classification of the police department; (b) be eligible for promotion after completion of the probationary period in compliance with existing civil service rules pertaining to lateral transfers based upon combined service time; (c) receive a salary at least equal to that of other new employees in the same classification of the police department; and (d) in all other matters, such as sick leave and vacation, have, within the civil service system, all the rights, benefits, and privileges that the employee would have been entitled to had he or she been a member of the police department from the beginning of his or her employment with the county. The county is responsible for compensating an employee for benefits accrued while employed with the sheriff's office unless a different agreement is reached between the county and the city, code city, or town. No accrued benefits are transferable to the recipient agency unless the recipient agency agrees to accept the accrued benefits. All benefits shall then accrue based on the combined seniority of each employee in the recipient agency. The county shall, upon receipt of such notice, transmit to the civil service commission a record of the employee's service with the county which shall be credited to the employee as a part of his or her period of employment in the police department. For purposes of layoffs by the city, code city, or town, only the time of service accrued with the city, code city, or town shall apply unless an agreement is reached between the collective bargaining representatives of the police department and sheriff's office employees and the police department and sheriff's office.
(2) Only as many of the transferring employees shall be placed upon the payroll of the police department as the city, code city, or town determines are needed to provide an adequate level of law enforcement service. The needed employees shall be taken in order of seniority and the remaining employees who transfer as provided in RCW 35.13.360
through
35.13.400
shall head the list of their respective class or job listing exclusive of rank in the civil service system in order of their seniority, so that they shall be the first to be employed in the police department as vacancies become available. Employees who are not immediately hired by the city, code city, or town shall be placed on a reemployment list for a period not to exceed thirty-six months unless a longer period is authorized by an agreement reached between the collective bargaining representatives of the police department and sheriff's office employees and the police department and sheriff's office. The county sheriff's office must rehire former employees who are placed on the city's reemployment list before it can hire anyone else to perform the same duties previously performed by these employees who were laid off.
(3) The thirty-six month period contained in subsection (2) of this section shall commence:
(a) On the effective date of the annexation in cases of annexation; and
(b) On the date when the city creates its own police department in cases of incorporation.
(4) The city, code city, or town shall retain the right to select the police chief regardless of seniority.
[
1993 c 189 s 4
.]
RCW 35.13.390
Transfer of county sheriff's employees
—
Rules.
In addition to its other duties prescribed by law, the civil service commission shall make rules necessary to provide for the orderly integration of employees of a county sheriff's office to the police department of the city, code city, or town pursuant to RCW 35.13.360
through
35.13.400
.
[
1993 c 189 s 5
.]
RCW 35.13.400
Transfer of county sheriff's employees
—
Notification of right to transfer
—
Time for filing transfer request.
When any portion of an unincorporated area of a county is to be annexed or incorporated into a city, code city, or town and layoffs will result in the county sheriff's office, employees so affected shall be notified of their right to transfer. The affected employees shall have ninety days after the commencement of the thirty-six month period as specified in RCW 35.13.380
(3) to file a request to transfer their employment to the police department of the city, code city, or town under RCW 35.13.360
through
35.13.400
.
[
1993 c 189 s 6
.]
RCW 35.13.410
Alternative direct petition method
—
Commencement of proceedings
—
Notice to legislative body
—
Meeting
—
Assumption of indebtedness
—
Comprehensive plan.
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, 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.
[
2003 c 331 s 2
.]
NOTES:
Intent
—
2003 c 331:
"The legislature recognizes that on March 14, 2002, the Washington state supreme court decided in
Grant County Fire Protection District No. 5 v. City of Moses Lake
, 145 Wn.2d 702 (2002), that the petition method of annexation authorized by RCW 35.13.125
through
35.13.160
and
35A.14.120
through
35A.14.150
is unconstitutional. The legislature also recognizes that on October 11, 2002, the Washington state supreme court granted a motion for reconsideration of this decision. The legislature intends to provide a new method of direct petition annexation that enables property owners and registered voters to participate in an annexation process without the constitutional defect identified by the court." [
2003 c 331 s 1
.]
Severability
—
2003 c 331:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
2003 c 331 s 14
.]
Effective date
—
2003 c 331:
"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 takes effect immediately [May 16, 2003]." [
2003 c 331 s 15
.]
RCW 35.13.420
Alternative direct petition method
—
Petition
—
Signers
—
Content.
(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, 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.
[
2003 c 331 s 3
.]
NOTES:
Intent
—
Severability
—
Effective date
—
2003 c 331:
See notes following RCW 35.13.410
.
RCW 35.13.430
Alternative direct petition method
—
Notice of hearing.
When a petition for annexation is filed with the city or town council, or commission in those cities having a commission form of government, that meets the requirements of RCW 35.13.410, 35.13.420, and
35.21.005, of which fact satisfactory proof may be required by the council or commission, the council or commission may entertain the same, fix a date for a public hearing thereon and cause notice of the hearing to be published in one issue of a newspaper of general circulation in the city or town. The notice shall also be posted in three public places within the territory proposed for annexation, and shall specify the time and place of hearing and invite interested persons to appear and voice approval or disapproval of the annexation. The expense of publication and posting of the notice shall be borne by the signers of the petition.
[
2003 c 331 s 4
.]
NOTES:
Intent
—
Severability
—
Effective date
—
2003 c 331:
See notes following RCW 35.13.410
.
RCW 35.13.440
Alternative direct petition method
—
Ordinance providing for annexation.
Following the hearing, the council or commission shall determine by ordinance whether annexation shall be made. Subject to the provisions of RCW 35.13.410, 35.13.460, and
35.21.005, they may annex all or any portion of the proposed area but may not include in the annexation any property not described in the petition. Upon passage of the ordinance a certified copy shall be filed with the board of county commissioners of the county in which the annexed property is located.
[
2003 c 331 s 5
.]
NOTES:
Intent
—
Severability
—
Effective date
—
2003 c 331:
See notes following RCW 35.13.410
.
RCW 35.13.450
Alternative direct petition method
—
Effective date of annexation and comprehensive plan
—
Assessment, taxation of territory annexed.
Upon the date fixed in the ordinance of annexation, the area annexed shall become part of the city or town. All property within the annexed territory shall, if the annexation petition so provided, be assessed and taxed at the same rate and on the same basis as the property of such annexing city or town is assessed and taxed to pay for all or of any portion of the then outstanding indebtedness of the city or town to which the area is annexed, approved by the voters, contracted, or incurred before, or existing at, the date of annexation. If the annexation petition so provided, all property in the annexed area is subject to and is a part of the comprehensive plan as prepared and filed as provided for in RCW 35.13.177
and
35.13.178
.
[
2003 c 331 s 6
.]
NOTES:
Intent
—
Severability
—
Effective date
—
2003 c 331:
See notes following RCW 35.13.410
.
RCW 35.13.460
Alternative direct petition method
—
Method is alternative.
The method of annexation provided for in RCW 35.13.410
through
35.13.450
is an alternative method, and does not supersede any other method.
[
2003 c 331 s 7
.]
NOTES:
Intent
—
Severability
—
Effective date
—
2003 c 331:
See notes following RCW 35.13.410
.
RCW 35.13.470
Annexation of territory within urban growth areas
—
Interlocal agreement
—
Public hearing
—
Ordinance providing for annexation.
(1) The legislative body of a county, city, or town planning under chapter
36.70A
RCW and subject to the requirements of RCW 36.70A.215
may initiate an annexation process for unincorporated territory by adopting a resolution commencing negotiations for an interlocal agreement as provided in chapter
39.34
RCW between a county and any city or town within the county. The territory proposed for annexation must meet the following criteria: (a) Be within the city or town urban growth area designated under RCW 36.70A.110, and (b) at least 60 percent of the boundaries of the territory proposed for annexation must be contiguous to the annexing city or town or one or more cities or towns.
(2) If the territory proposed for annexation has been designated in an adopted county comprehensive plan as part of an urban growth area, urban service area, or potential annexation area for a specific city or town, or if the urban growth area territory proposed for annexation has been designated in a written agreement between a city or town and a county for annexation to a specific city or town, the designation or designations shall receive full consideration before a city or county may initiate the annexation process provided for in RCW 35.13.480
.
(3) The agreement shall describe the boundaries of the territory to be annexed. A public hearing shall be held by each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public hearing shall, separately or jointly, publish the agreement at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the territory proposed for annexation.
(4) If an interlocal agreement under this section is used for a sales and use tax under RCW 82.14.415, the agreement under this section must address the following:
(a) Balancing of annexations of commercial, industrial, and residential properties so that any potential loss or gain is considered and distributed fairly as determined by tax revenue;
(b) Development, ownership, and maintenance of infrastructure; and
(c) The potential for revenue-sharing agreements.
(5) Following adoption and execution of the agreement by both legislative bodies, the city or town legislative body shall adopt an ordinance providing for the annexation of the territory described in the agreement. 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 territory 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 the requirements. Any territory to be annexed through an ordinance adopted under this section is annexed and becomes a part of the city or town upon the date fixed in the ordinance of annexation, which date may not be fewer than 45 days after adoption of the ordinance.
[
2023 c 351 s 1
;
2003 c 299 s 1
.]
RCW 35.13.480
Annexation of territory within urban growth areas
—
County may initiate process with other cities or towns
—
Interlocal agreement
—
Public hearing
—
Ordinance
—
Referendum
—
Election, when necessary.
(1) The legislative body of any county planning under chapter
36.70A
RCW and subject to the requirements of RCW 36.70A.215
may initiate an annexation process with the legislative body of any other cities or towns that are contiguous to the territory proposed for annexation in RCW 35.13.470
if:
(a) The county legislative body initiated an annexation process as provided in RCW 35.13.470
; and
(b) The affected city or town legislative body adopted a responsive resolution rejecting the proposed annexation or declined to create the requested interlocal agreement with the county; or
(c) More than one hundred eighty days have passed since adoption of a county resolution as provided for in RCW 35.13.470
and the parties have not adopted or executed an interlocal agreement providing for the annexation of unincorporated territory. The legislative body for either the county or an affected city or town may, however, pass a resolution extending the negotiation period for one or more six-month periods if a public hearing is held and findings of fact are made prior to each extension.
(2) Any county initiating the process provided for in subsection (1) of this section must do so by adopting a resolution commencing negotiations for an interlocal agreement as provided in chapter
39.34
RCW between the county and any city or town within the county. The annexation area must be within an urban growth area designated under RCW 36.70A.110
and at least sixty percent of the boundaries of the territory to be annexed must be contiguous to one or more cities or towns.
(3) The agreement shall describe the boundaries of the territory to be annexed. A public hearing shall be held by each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public hearing shall, separately or jointly, publish the agreement at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the territory proposed for annexation.
(4) Following adoption and execution of the agreement by both legislative bodies, the city or town legislative body shall adopt an ordinance providing for the annexation. 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 territory 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 the requirements. Any area to be annexed through an ordinance adopted under this section is annexed and becomes a part of the city or town upon the date fixed in the ordinance of annexation, which date may not be less than forty-five days after adoption of the ordinance.
(5) The annexation ordinances provided for in *RCW 35.13.470
(4) and subsection (4) of this section are subject to referendum for forty-five days after passage. Upon the filing of a timely and sufficient referendum petition with the legislative body, signed by registered voters in number equal to not less than fifteen 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 the 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 the election shall be given as provided in RCW 35.13.080
and the election shall be conducted as provided in the general election law. 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 city or town upon the date fixed in the ordinance of annexation.
(6) If more than one city or town adopts interlocal agreements providing for annexation of the same unincorporated territory as provided by this section, an election shall be held in the area to be annexed pursuant to RCW 35.13.070
and
35.13.080
. In addition to the provisions of RCW 35.13.070
and
35.13.080, the ballot shall also contain a separate proposition allowing voters to cast votes in favor of annexation to any one city or town participating in an interlocal agreement as provided by this section. If a majority of voters voting on the proposition vote against annexation, the proposition is defeated. If, however, a majority of voters voting in the election approve annexation, the area shall be annexed to the city or town receiving the highest number of votes among those cast in favor of annexation.
(7) Costs for an election required under subsection (6) of this section shall be borne by the county.
[
2006 c 344 s 23
;
2003 c 299 s 2
.]
NOTES:
*Reviser's note:
RCW 35.13.470
was amended by 2023 c 351 s 1, changing subsection (4) to subsection (5).
Effective date
—
2006 c 344 ss 1-16 and 18-40:
See note following RCW 29A.04.311
.
RCW 35.13.490
Annexation of territory used for an agricultural fair.
(1) Territory owned by a county and used for an agricultural fair as provided in chapter
15.76
RCW or chapter
36.37
RCW may only be annexed to a city or town through the method prescribed in this section.
(a) The legislative body of the city or town proposing the annexation must submit a request for annexation and a legal description of the subject territory to the legislative authority of the county within which the territory is located.
(b) Upon receipt of the request and description, the county legislative authority has thirty days to review the proposal and determine if the annexation proceedings will continue. As a condition of approval, the county legislative authority may modify the proposal, but it may not add territory that was not included in the request and description. Approval of the county legislative authority is a condition precedent to further proceedings upon the request and there is no appeal of the county legislative authority's decision.
(c) If the county legislative authority determines that the proceedings may continue, it must, within thirty days of the determination, fix a date for a public hearing on the proposal, and cause notice of the hearing to be published at least once a week for two weeks prior to the hearing in one or more newspapers of general circulation in the territory proposed for annexation. The notice must also be posted in three public places within the subject territory, specify the time and place of the hearing, and invite interested persons to appear and voice approval or disapproval of the annexation. If the annexation proposal provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice must include a statement of these requirements.
(d) If, following the conclusion of the hearing, a majority of the county legislative authority deems the annexation proposal to be in the best interest of the county, it may adopt a resolution approving of the annexation.
(e) If, following the county legislative authority's adoption of the annexation approval resolution, the legislative body of the city or town proposing annexation determines to effect the annexation, it must do so by ordinance. The ordinance: (i) May only include territory approved for annexation in the resolution adopted under (d) of this subsection; and (ii) must not exclude territory approved for annexation in the resolution adopted under (d) of this subsection. Upon passage of the annexation ordinance, a certified copy must be filed with the applicable county legislative authority.
(2) Any territory annexed through an ordinance adopted under this section is annexed and becomes a part of the city or town upon the date fixed in the ordinance.
[
2009 c 402 s 3
.]
NOTES:
Intent
—
2009 c 402:
"The legislature recognizes that agricultural fairs serve valuable educational, vocational, and recreational purposes that promote the public good and serve as showcases for an important sector of Washington's economy. The legislature also recognizes that counties provide territory for agricultural fairs and supporting services, thereby creating locales for economic and other beneficial activities. Washington's increasing population can, however, create significant annexation pressures that impact fairgrounds and surrounding lands.
In recognition of the many benefits of agricultural fairs and the importance of promoting effective annexation laws, the legislature intends to establish clear and logical procedures for the annexation of county-owned fairgrounds that are consistent with the long-standing requirement that these grounds may only be annexed with the consent of a majority of the county legislative authority." [
2009 c 402 s 1
.]
RCW 35.13.500
Annexation of territory within regional transit authorities.
When territory is annexed under this chapter to a city located within the boundaries of a regional transit authority, the territory is simultaneously included within the boundaries of the authority and subject from the effective date of the annexation to all taxes and other liabilities and obligations applicable within the city with respect to the authority. The city must notify the authority of the annexation.
[
2010 c 19 s 1
.]
RCW 35.13.900
Application of chapter to annexations involving water or sewer service.
Nothing in this chapter precludes or otherwise applies to an annexation by a city or town of unincorporated territory as authorized by RCW 57.24.170, 57.24.190, and
57.24.210
.
[
1996 c 230 s 1601
;
1995 c 279 s 3
.]
NOTES:
Part headings not law
—
Effective date
—
1996 c 230:
See notes following RCW 57.02.001
.