reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.137 - Newly incorporated city or town—Moratoria on development permits and approvals.

RCW 35.02.137
Newly incorporated city or town—Moratoria on development permits and approvals.
During the interim period, the governing body of the newly formed city or town may adopt resolutions establishing moratoria during the interim transition period on the filing of applications with the county for development permits or approvals, including, but not limited [to], subdivision approvals, short subdivision approvals, and building permits.
[ 1991 c 360 § 11.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.139 - Newly incorporated city or town—First general election of councilmembers or commissioners—Initial, subsequent terms.

RCW 35.02.139
Newly incorporated city or town—First general election of councilmembers or commissioners—Initial, subsequent terms.
An election shall be held to elect city or town elected officials at the next municipal general election occurring more than twelve months after the date of the first election of councilmembers or commissioners. Candidates shall run for specific council or commission positions. The staggering of terms of members of the city or town council shall be established at this election, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office and the remainder of the persons elected as councilmembers shall be elected to two-year terms of office. Newly elected councilmembers or newly elected commissioners shall serve until their successors are elected and qualified. The terms of office of newly elected commissioners shall not be staggered, as provided in chapter 35.17 RCW. All councilmembers and commissioners who are elected subsequently shall be elected to four-year terms of office and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280.
[ 2015 c 53 § 19; 1994 c 223 § 9.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.140 - Disposition of uncollected road district taxes.

RCW 35.02.140
Disposition of uncollected road district taxes.
Whenever in any territory forming a part of an incorporated city or town which is part of a road district, and road district regular property taxes are collectable on any property within such territory, the same shall, when collected by the county treasurer, be paid to such city or town and placed in the city or town street fund by the city or town; except that road district taxes that are delinquent before the date of incorporation shall be paid to the county and placed in the county road fund. This section shall not apply to excess property tax levies securing general indebtedness or any special assessments due in behalf of such property.
[ 2001 c 299 § 1; 1986 c 234 § 20; 1965 c 7 § 35.02.140. Prior: 1957 c 180 § 1.]
NOTES:
County road districts: RCW 36.75.060.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.150 - Pending final disposition of petition no other petition for incorporation to be acted upon—Withdrawal or substitution—Action on petition for annexation authorized.

RCW 35.02.150
Pending final disposition of petition no other petition for incorporation to be acted upon—Withdrawal or substitution—Action on petition for annexation authorized.
After the filing of any petition for incorporation with the county auditor, and pending its final disposition as provided for in this chapter, no other petition for incorporation which embraces any of the territory included therein shall be acted upon by the county auditor, the county legislative authority, or the boundary review board, or by any other public official or body that might otherwise be empowered to receive or act upon such a petition: PROVIDED, That any petition for incorporation may be withdrawn by a majority of the signers thereof at any time before such petition has been certified by the county auditor to the county legislative authority: PROVIDED FURTHER, That a new petition may be substituted therefor that embraces other or different boundaries, incorporation as a city or town operating under a different title of law, or for incorporation as a city or town operating under a different plan or form of government, by a majority of the signers of the original incorporation petition, at any time before the original petition has been certified by the county auditor to the county legislative authority, in which case the same proceedings shall be taken as in the case of an original petition. A boundary review board, county auditor, county legislative authority, or any other public official or body may act upon a petition for annexation before considering or acting upon a petition for incorporation which embraces some or all of the same territory, without regard to priority of filing.
[ 1986 c 234 § 23; 1982 c 220 § 3; 1973 1st ex.s. c 164 § 1; 1965 c 7 § 35.02.150. Prior: 1961 c 200 § 1.]
NOTES:
Severability—1982 c 220: See note following RCW 36.93.100.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.155 - Effect of proposed annexation on petition.

RCW 35.02.155
Effect of proposed annexation on petition.
For a period of ninety days after a petition proposing the incorporation of a city or town is filed with the county auditor, a petition or resolution proposing the annexation of any portion of the territory included in the incorporation proposal may be filed or adopted and the proposed annexation may continue following the applicable statutory procedures. Territory that ultimately is annexed, as a result of the filing of such an annexation petition or adoption of such an annexation resolution during this ninety-day period, shall be withdrawn from the incorporation proposal.
A proposed annexation of a portion of the territory included within the proposed incorporation, that is initiated by the filing of an annexation petition or adoption of an annexation resolution after this ninety-day period, shall be held in abeyance and may not occur unless: (1) The boundary review board modifies the boundaries of the proposed incorporation to remove the territory from the proposed incorporation; (2) the boundary review board rejects the proposed incorporation and the proposed city or town has a population of less than seven thousand five hundred; or (3) voters defeat the ballot proposition authorizing the proposed incorporation.
[ 1994 c 216 § 5.]
NOTES:
Effective date—1994 c 216: See note following RCW 35.02.015.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.170 - Use of right-of-way line as corporate boundary—When right-of-way may be included.

RCW 35.02.170
Use of right-of-way line as corporate boundary—When right-of-way may be included.
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 incorporation proceeding. The boundaries of a newly incorporated city or town 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.
[ 1989 c 84 § 7; 1986 c 234 § 25; 1975 1st ex.s. c 220 § 2.]
NOTES:
Legislative finding, intent—1975 1st ex.s. c 220: "The legislature finds that the use of centerlines of public streets, roads and highways as boundaries of incorporated cities and towns has resulted in divided jurisdiction over such public ways causing inefficiencies and waste in their construction, improvement and maintenance and impairing effective traffic law enforcement. It is the intent of this act to preclude the use of highway centerlines as corporate boundaries in the future and to encourage counties and cities and towns by agreement to revise existing highway centerline boundaries to coincide with highway right-of-way lines." [ 1975 1st ex.s. c 220 § 1.]
Revision of corporate boundary by substituting right-of-way lines: RCW 35.21.790.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.180 - Ownership of county roads to revert to city or town—Territory within city or town to be removed from fire protection, road, and library districts.

RCW 35.02.180
Ownership of county roads to revert to city or town—Territory within city or town to be removed from fire protection, road, and library districts.
The ownership of all county roads located within the boundaries of a newly incorporated city or town shall revert to the city or town and become streets as of the official date of incorporation. However, any special assessments attributable to these county roads shall continue to exist and be collected as if the incorporation had not occurred. Property within the newly incorporated city or town shall continue to be subject to any indebtedness attributable to these roads and any related property tax levies.
The territory included within the newly incorporated city or town shall be removed from the road district as of the official date of incorporation. The territory included within the newly incorporated city or town shall be removed from a fire protection district or districts or library district or districts in which it was located, as of the official date of incorporation, unless the fire protection district or districts have annexed the city or town during the interim period as provided in *RCW 52.04.160 through 52.04.200, or the library district or districts have annexed the city or town during the interim period as provided in **RCW 27.12.260 through 27.12.290.
[ 1986 c 234 § 17.]
NOTES:
Reviser's note: *(1) RCW 52.04.160 has been decodified and RCW 52.04.170 through 52.04.200 have been recodified as RCW 52.04.061 through 52.04.101, pursuant to 1984 c 230 § 89.
**(2) The reference to "RCW 27.12.260 through 27.12.290" appears to be erroneous. RCW 27.12.360 through 27.12.395 relates to annexation of a city or town by a library district.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.190 - Annexation/incorporation of fire protection district—Transfer of assets when at least sixty percent of assessed valuation is annexed or incorporated in city or town.

RCW 35.02.190
Annexation/incorporation of fire protection district—Transfer of assets when at least sixty percent of assessed valuation is annexed or incorporated in city or town.
If a portion of a fire protection district including at least sixty percent of the assessed valuation of the real property of the district is annexed to or incorporated into a city or town, ownership of all of the assets of the district shall be vested in the city or town, or, if the city or town has been annexed by another fire protection district, in the other fire protection district, upon payment in cash, properties or contracts for fire protection services to the district within one year of the date on which the city or town withdraws from the fire protection district pursuant to RCW 52.04.161, of a percentage of the value of said assets equal to the percentage of the value of the real property in entire district remaining outside the incorporated or annexed area. The fire protection district may elect, by a vote of a majority of the persons residing outside the annexed or incorporated area who vote on the proposition, to require the annexing or incorporating city or town or fire protection district to assume responsibility for the provision of fire protection, and for the operation and maintenance of the district's property, facilities, and equipment throughout the district and to pay the city or town or fire protection district a reasonable fee for such fire protection, operation, and maintenance. When at least sixty percent, but less than one hundred percent, valuation of the real estate of a district is annexed to or incorporated into a city or town, a proportionate share of the liabilities of the district at the time of such annexation or incorporation, equal to the percentage of the total assessed valuation of the real estate of the district that has been annexed or incorporated, shall be transferred to the annexing or incorporating city or town.
If all of a fire protection district is included in an area that incorporates as a city or town or is annexed to a city or town or fire protection district, all of the assets and liabilities of the fire protection district shall be transferred to the newly incorporated city or town on the date on which the fire protection district ceases to provide fire protection services pursuant to RCW 52.04.161 or to the city or town or fire protection district upon the annexation.
[ 1993 c 262 § 3; 1989 c 76 § 2; 1986 c 234 § 18; 1981 c 332 § 5; 1965 c 7 § 35.13.247. Prior: 1963 c 231 § 3. Formerly RCW 35.13.247.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.200 - Annexation/incorporation of fire protection district—Ownership of assets of fire protection district—When less than sixty percent.

RCW 35.02.200
Annexation/incorporation of fire protection district—Ownership of assets of fire protection district—When less than sixty percent.
(1) If a portion of a fire protection district including less than sixty percent of the assessed value of the real property of the district is annexed to or incorporated into a city or town, the ownership of all assets of the district shall remain in the district and the district shall pay to the city or town, or, if the city or town has been annexed by another fire protection district, to the other fire protection district within one year or within such period of time as the district continues to collect taxes in such incorporated or annexed areas, in cash, properties or contracts for fire protection services, a percentage of the value of said assets equal to the percentage of the value of the real property in the entire district lying within the area so incorporated or annexed: PROVIDED, That if the area annexed or incorporated includes less than five percent of the area of the district, no payment shall be made to the city or town or fire protection district except as provided in RCW 35.02.205.
(2) As provided in RCW 35.02.210, the fire protection district from which territory is removed as a result of an incorporation or annexation shall provide fire protection to the incorporated or annexed area for such period as the district continues to collect taxes levied in such annexed or incorporated area.
(3) For the purposes of this section, the word "assets" shall mean the total assets of the fire district, reduced by its liabilities, including bonded indebtedness, the same to be determined by usual and accepted accounting methods. The amount of said liability shall be determined by reference to the fire district's balance sheet, produced in the regular course of business, which is nearest in time to the certification of the annexation of fire district territory by the city or town.
[ 1997 c 245 § 2. Prior: 1989 c 267 § 1; 1989 c 76 § 3; 1986 c 234 § 19; 1967 c 146 § 1; 1965 c 7 § 35.13.248; prior: 1963 c 231 § 4. Formerly RCW 35.13.248.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.202 - Annexation/incorporation of fire protection district—Delay of transfer.

RCW 35.02.202
Annexation/incorporation of fire protection district—Delay of transfer.
During the interim period, the governing body of the newly formed city or town and the board of fire commissioners may by written agreement delay the transfer of the district's assets and liabilities, and the city's or town's responsibility for the provision of fire protection, that would otherwise occur under RCW 35.02.190 or 35.02.200 for up to one year after the official date of incorporation. During the one-year period, the fire protection district may annex the city or town pursuant to chapter 52.04 RCW and retain the responsibility for fire protection.
[ 1991 c 360 § 7.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.210 - Fire protection district and library district—Continuation of services at option of city or town.

RCW 35.02.210
Fire protection district and library district—Continuation of services at option of city or town.
At the option of the governing body of a newly incorporated city or town, any fire protection district or library district serving any part of the area so incorporated shall continue to provide services to such area until the city or town receives its own property tax receipts.
[ 1991 c 360 § 8; 1986 c 234 § 21; 1967 ex.s. c 119 § 35A.03.160. Formerly RCW 35A.03.160.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.220 - Duty of county and road, library, and fire districts to continue services during transition period—Road maintenance and law enforcement services.

RCW 35.02.220
Duty of county and road, library, and fire districts to continue services during transition period—Road maintenance and law enforcement services.
The approval of an incorporation by the voters of a proposed city or town, and the existence of a transition period to become a city or town, shall not remove the responsibility of any county, road district, library district, or fire district, within which the area is located, to continue providing services to the area until the official date of the incorporation.
A county shall continue to provide the following services to a newly incorporated city or town, or that portion of the county within which the newly incorporated city or town is located, at the preincorporation level as follows:
(1) Law enforcement services shall be provided for a period not to exceed sixty days from the official date of the incorporation or until the city or town is receiving or could have begun receiving sales tax distributions under RCW 82.14.030(1), whichever is the shortest time period.
(2) Road maintenance shall be for a period not to exceed sixty days from the official date of the incorporation or until forty percent of the anticipated annual tax distribution from the road district tax levy is made to the newly incorporated city or town pursuant to RCW 35.02.140, whichever is the shorter time period.
[ 1991 c 360 § 9; 1986 c 234 § 22; 1985 c 143 § 1. Formerly RCW 35.21.763.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.225 - County may contract to provide essential services.

RCW 35.02.225
County may contract to provide essential services.
It is the desire of the legislature that the citizens of newly incorporated cities or towns receive uninterrupted and adequate services in the period prior to the city or town government attaining the ability to provide such service levels. In addition to the services provided under RCW 35.02.220, it is the purpose of this section to permit the county or counties in which a newly incorporated city or town is located to contract with the newly incorporated city or town for the continuation of essential services until the newly incorporated city or town has attained the ability to provide such services at least at the levels provided by the county before the incorporation. These essential services may include but are not limited to, law enforcement, road and street maintenance, drainage, and other utility services previously provided by the county before incorporation. The contract should be negotiated on the basis of the county's cost to provide services without consideration of capital assets which do not continue to be amortized for principal and interest or depreciated by the county. The exception for not considering capital assets which are no longer amortized for principal and interest or depreciated is recognition of the preexisting financial investment of citizens of the newly incorporated city or town have made in county capital assets.
Nothing in this section limits the ability of the county and the newly incorporated city or town to contract for higher service levels or for other time periods than those imposed by this section.
[ 1985 c 332 § 7. Formerly RCW 35.21.764.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.230 - Incorporation of city or town located in more than one county—Powers and duties of county after incorporation—Costs.

RCW 35.02.230
Incorporation of city or town located in more than one county—Powers and duties of county after incorporation—Costs.
After incorporation of a city or town located in more than one county, all purposes essential to the maintenance, operation, and administration of the city or town whenever any action is required or may be performed by the county, county legislative authority, or any county officer or board, such action shall be performed by the respective county, county legislative authority, officer, or board of the county of that part of the city or town in which the largest number of inhabitants reside as of the date of the incorporation of the proposed city or town except as provided in RCW 35.02.240, and all costs incurred shall be borne proportionately by each county in that ratio which the number of inhabitants residing in that part of each county forming a part of the proposed city or town bears to the total number of inhabitants residing within the whole of the city or town.
[ 1986 c 234 § 26; 1965 c 7 § 35.04.150. Prior: 1955 c 345 § 15. Formerly RCW 35.04.150.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.240 - Incorporation of city or town located in more than one county—Taxes—Powers and duties of county after incorporation—Costs.

RCW 35.02.240
Incorporation of city or town located in more than one county—Taxes—Powers and duties of county after incorporation—Costs.
In the case of evaluation, assessment, collection, apportionment, and any other allied power or duty relating to taxes in connection with the city or town, the action shall be performed by the county, county legislative authority, or county officer or board of the county for that area of the city or town which is located within the respective county, and all materials, information, and other data and all moneys collected shall be submitted to the proper officer of the county of that part of the city or town in which the largest number of inhabitants reside. Any power which may be or duty which shall be performed in connection therewith shall be performed by the county, county legislative authority, officer, or board receiving such as though only a city or town in a single county were concerned. All moneys collected from such area constituting a part of such city or town that should be paid to such city or town shall be delivered to the treasurer thereof, and all other materials, information, or data relating to the city or town shall be submitted to the appropriate city or town officials.
Any costs or expenses incurred under this section shall be borne proportionately by each county involved.
[ 1986 c 234 § 27; 1965 c 7 § 35.04.160. Prior: 1955 c 345 § 16. Formerly RCW 35.04.160.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.250 - Corporate powers in dealings with federal government.

RCW 35.02.250
Corporate powers in dealings with federal government.
Any city or town incorporated as provided in this chapter shall, in addition to all other powers, duties and benefits of a city or town of the same type or class, be authorized to purchase, acquire, lease, or administer any property, real or personal, or property rights and improvements thereon owned by the federal government on such terms and conditions as may be mutually agreed upon, when authorized to do so by the United States government, and thereafter to sell, transfer, exchange, lease, or otherwise dispose of any such property, and to execute contracts with the federal government with respect to supplying water and for other utility services.
[ 1986 c 234 § 28; 1965 c 7 § 35.04.170. Prior: 1955 c 345 § 17. Formerly RCW 35.04.170.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.260 - Duty of department of commerce to assist newly incorporated cities and towns.

RCW 35.02.260
Duty of department of commerce to assist newly incorporated cities and towns.
The department of commerce shall identify federal, state, and local agencies that should receive notification that a new city or town is about to incorporate and shall assist newly formed cities and towns during the interim period before the official date of incorporation in providing such notification to the identified agencies.
[ 2023 c 470 § 2014; 1995 c 399 § 34; 1991 c 360 § 6.]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.02 - Incorporation Proceedings. › 35.02.270 - Other local governments and state agencies—May assist newly incorporated cities and towns.

RCW 35.02.270
Other local governments and state agencies—May assist newly incorporated cities and towns.
Cities, towns, counties, and other local government agencies and state agencies may make loans of staff and equipment, and technical and financial assistance to the newly formed city or town during the interim period to facilitate the transition to an incorporated city or town. Such loans and assistance may be without compensation.
[ 1991 c 360 § 12.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.06 - Advancement of Classification. › 35.06.010 - Population requirements for advance in classification.

RCW 35.06.010
Population requirements for advance in classification.
A city or town which has at least ten thousand inhabitants may become a first-class city by adopting a charter under Article XI, section 10, of the state Constitution in chapter 35.22 RCW.
A town which has at least fifteen hundred inhabitants may reorganize and advance its classification to become a second-class city as provided in this chapter.
[ 1994 c 81 § 7; 1965 c 7 § 35.06.010. Prior: 1955 c 319 § 6; prior: (i) 1907 c 248 § 1, part; 1890 p 140 § 12, part; RRS § 8933, part. (ii) 1890 p 141 § 14; RRS § 8936.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.06 - Advancement of Classification. › 35.06.070 - Procedure for advancement—Ballot proposition—Notification of secretary of state.

RCW 35.06.070
Procedure for advancement—Ballot proposition—Notification of secretary of state.
A ballot proposition authorizing an advancement in classification of a town to a second-class city shall be submitted to the voters of the town if either: (1) Petitions proposing the advancement are submitted to the town clerk that have been signed by voters of the town equal in number to at least ten percent of the voters of the town voting at the last municipal general election; or (2) the town council adopts a resolution proposing the advancement. The clerk shall immediately forward the petitions to the county auditor who shall review the signatures and certify the sufficiency of the petitions.
A ballot proposition authorizing an advancement shall be submitted to the town voters at the next special election date according to RCW 29A.04.330 if the county auditor certifies the petitions as having sufficient valid signatures. The town shall be advanced to a second-class city if the ballot proposition is approved by a simple majority vote, effective when the corporation is actually reorganized and the new officers are elected and qualified. The county auditor shall notify the secretary of state if the advancement of a town to a second-class city is approved.
[ 2006 c 344 § 21; 1994 c 81 § 8; 1965 c 7 § 35.06.070. Prior: 1890 p 142 § 21; RRS § 8942.]
NOTES:
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following RCW 29A.04.311.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.06 - Advancement of Classification. › 35.06.080 - Election of new officers.

RCW 35.06.080
Election of new officers.
The first election of officers of the new corporation after the advancement of classification is approved shall be at the next general municipal election and the officers of the old corporation, as altered by the election when the advancement was approved, shall remain in office until the officers of the new corporation are elected and qualified and assume office in accordance with RCW 29A.60.280. A primary shall be held where necessary to nominate candidates for the elected offices of the corporation as a second-class city. Candidates for city council positions shall run for specific council positions. The council of the old corporation may adopt a resolution providing that the offices of city attorney, clerk, and treasurer are appointive.
The three persons who are elected to council positions one through six receiving the greatest number of votes shall be elected to four-year terms of office and the other three persons who are elected to council positions one through six, and the person elected to council position seven, shall be elected to two-year terms of office. The person elected as mayor and the persons elected to any other elected office shall be elected to four-year terms of office. All successors to all elected positions, other than council position number seven, shall be elected to four-year terms of office and successors to council position number seven shall be elected to two-year terms of office.
There shall be no election of town offices at this election when the first officers of the new corporation are elected and the offices of the town shall expire when the officers of the new corporation assume office.
The ordinances, bylaws, and resolutions adopted by the old corporation shall, as far as consistent with the provisions of this title, continue in force until repealed by the council of the new corporation.
The council and officers of the town shall, upon demand, deliver to the proper officers of the new corporation all books of record, documents, and papers in their possession belonging to the old corporation.
[ 2015 c 53 § 20; 1994 c 81 § 9; 1965 c 106 § 1; 1965 c 7 § 35.06.080. Prior: 1890 p 143 § 22; RRS § 8942.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.001 - Actions subject to review by boundary review board.

RCW 35.07.001
Actions subject to review by boundary review board.
Actions taken under chapter 35.07 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 § 26.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.010 - Authority for disincorporation.

RCW 35.07.010
Authority for disincorporation.
Cities and towns may disincorporate.
[ 1994 c 81 § 10; 1965 c 7 § 35.07.010. Prior: 1897 c 69 § 1; RRS § 8914.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.020 - Petition—Requisites.

RCW 35.07.020
Petition—Requisites.
The petition for disincorporation must be signed by a majority of the registered voters thereof and filed with the city or town council.
[ 1965 c 7 § 35.07.020. Prior: 1897 c 69 § 2, part; RRS § 8915, part.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.040 - Calling election—Receiver.

RCW 35.07.040
Calling election—Receiver.
The council shall cause an election to be called upon the proposition of disincorporation. If the city or town has any indebtedness or outstanding liabilities, it shall order the election of a receiver at the same time.
[ 1997 c 361 § 4; 1965 c 7 § 35.07.040. Prior: 1897 c 69 § 2, part; RRS § 8915, part.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.050 - Notice of election.

RCW 35.07.050
Notice of election.
Notice of such election shall be given.
[ 2015 c 53 § 21; 1965 c 7 § 35.07.050. Prior: 1897 c 69 § 3; RRS § 8916.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.060 - Ballots.

RCW 35.07.060
Ballots.
The ballots for the election shall be printed at the expense of the municipality and there shall be printed thereon the words "for dissolution" in one line and the words "against dissolution" in another line and in other and separate lines, the names of each of the lawfully nominated candidates for receiver. In all other respects the ballots shall be in conformity with the law regulating elections in such cities and towns.
[ 1965 c 7 § 35.07.060. Prior: 1897 c 69 § 4; RRS § 8917.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.070 - Conduct of election.

RCW 35.07.070
Conduct of election.
The election shall be conducted as other elections are required by law to be conducted in the city or town except as in this chapter otherwise provided.
[ 1965 c 7 § 35.07.070. Prior: 1897 c 69 § 5; RRS § 8918.]
NOTES:
Conduct of elections—Canvass: RCW 29A.60.010.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.080 - Canvass of returns.

RCW 35.07.080
Canvass of returns.
The result of the election, together with the ballots cast, shall be certified by the canvassing authority to the council which shall meet within one week thereafter and shall declare the result which shall be made a matter of record in the journal of the council proceedings. If the vote "For dissolution" be a majority of the registered voters of such city or town voting at such election, such corporation shall be deemed dissolved.
[ 1965 c 7 § 35.07.080. Prior: 1933 c 128 § 1, part; 1897 c 69 § 6, part; Rem. Supp. §8919, part.]
NOTES:
Canvassing returns, generally: Chapter 29A.60 RCW.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.090 - Effect of disincorporation—Powers—Officers.

RCW 35.07.090
Effect of disincorporation—Powers—Officers.
Upon disincorporation of a city or town, its powers and privileges as such, are surrendered to the state and it is absolved from any further duty to the state or its own inhabitants and all the offices appertaining thereto shall cease to exist immediately upon the entry of the result: PROVIDED, That if a receiver is required, the officers shall continue in the exercise of all their powers until a receiver has qualified as such, and thereupon shall surrender to him or her all property, money, vouchers, records and books of the city or town including those in any manner pertaining to its business.
[ 2009 c 549 § 2001; 1965 c 7 § 35.07.090. Prior: 1933 c 128 § 1, part; 1897 c 69 § 6, part; RRS § 8919, part.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.100 - Effect of disincorporation—Existing contracts.

RCW 35.07.100
Effect of disincorporation—Existing contracts.
Disincorporation shall not impair the obligation of any contract. If any franchise lawfully granted has not expired at the time of disincorporation, the disincorporation does not impair any right thereunder and does not imply any authority to interfere therewith to any greater extent than the city or town might have, if it had remained incorporated.
[ 1965 c 7 § 35.07.100. Prior: 1897 c 69 § 18; RRS § 8931.]
NOTES:
Obligations of contract shall not be impaired: State Constitution Art. 1 § 23.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.110 - Effect of disincorporation—Streets.

RCW 35.07.110
Effect of disincorporation—Streets.
Upon disincorporation of a city or town, its streets and highways pass to the control of the state and shall remain public highways until closed in pursuance of law; and the territory embraced therein shall be made into a new road district or annexed to adjoining districts as may be ordered by the board of county commissioners of the county embracing such city or town.
[ 1965 c 7 § 35.07.110. Prior: 1897 c 69 § 17; RRS § 8930.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.120 - Receiver—Qualification—Bond.

RCW 35.07.120
Receiver—Qualification—Bond.
The receiver must qualify within ten days after he or she has been declared elected, by filing with the county auditor a bond equal in penalty to the audited indebtedness and the established liabilities of the city or town with sureties approved by the board of county commissioners, or if the board is not in session, by the judge of the superior court of the county. The bond shall run to the state and shall be conditioned for the faithful performance of his or her duties as receiver and the prompt payment in the order of their priority of all lawful claims finally established as the funds come into his or her hands to discharge them. The bond shall be filed with the county auditor and shall be a public record and shall be for the benefit of every person who may be injured by the receiver's failure to discharge his or her duty.
[ 2009 c 549 § 2002; 1965 c 7 § 35.07.120. Prior: 1897 c 69 § 7; RRS § 8920.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.130 - Elected receiver—Failure to qualify—Court to appoint.

RCW 35.07.130
Elected receiver—Failure to qualify—Court to appoint.
If the person elected receiver fails to qualify as such within the prescribed time, the council shall file in the superior court of the county a petition setting forth the fact of the election, its result and the failure of the person elected receiver to qualify within the prescribed time and praying for the appointment of another person as receiver. Notice of the filing of the petition and of the time fixed for hearing thereon must be served upon the person elected receiver at least three days before the time fixed for the hearing. If he or she cannot be found within the county, no notice need be served, and the court may proceed with full jurisdiction to determine the matter upon the hearing. Unless good cause to the contrary is shown, the court shall appoint some suitable person to act as receiver, who shall qualify as required by RCW 35.07.120 within ten days from the date of his or her appointment.
If the council fails to procure the appointment of a receiver, any person qualified to vote in the city or town may file such a petition and make such application.
[ 2009 c 549 § 2003; 1965 c 7 § 35.07.130. Prior: 1897 c 69 § 8; RRS § 8921.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.140 - No receiver elected though indebtedness exists—Procedure.

RCW 35.07.140
No receiver elected though indebtedness exists—Procedure.
If no receiver is elected upon the supposition that no indebtedness existed and it transpires that the municipality does have indebtedness or an outstanding liability, any interested person may file a petition in the superior court asking for the appointment of a receiver, and unless the indebtedness or liability is discharged, the court shall appoint some suitable person to act as receiver who shall qualify as required of any other receiver hereunder, within ten days from the date of his or her appointment.
[ 2009 c 549 § 2004; 1965 c 7 § 35.07.140. Prior: 1897 c 69 § 15; RRS § 8928.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.150 - Duties of receiver—Claims—Priority.

RCW 35.07.150
Duties of receiver—Claims—Priority.
The receiver, upon qualifying, shall take possession of all the property, money, vouchers, records and books of the former municipality including those in any manner pertaining to its business and proceed to wind up its affairs. He or she shall have authority to pay:
(1) All outstanding warrants and bonds in the order of their maturity with due regard to the fund on which they are properly a charge;
(2) All lawful claims against the corporation which have been audited and allowed by the council;
(3) All lawful claims which may be presented to him or her within the time limited by law for the presentation of such claims, but no claim shall be allowed or paid which is not presented within six months from the date of the disincorporation election;
(4) All claims that by final adjudication may come to be established as lawful claims against the corporation.
As between warrants, bonds and other claims, their priority shall be determined with regard to the fund on which they are properly a charge.
[ 2009 c 549 § 2005; 1965 c 7 § 35.07.150. Prior: 1897 c 69 § 9; RRS § 8922.]
NOTES:
Accident claims, audits: Chapter 35.31 RCW, RCW 35.23.261.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.160 - Receiver may sue and be sued.

RCW 35.07.160
Receiver may sue and be sued.
The receiver shall have the right to sue and be sued in all cases necessary or proper for the purpose of winding up the affairs of the former city or town and shall be subject to suit in all cases wherein the city or town might have been sued, subject to the limitations provided in this chapter.
[ 1965 c 7 § 35.07.160. Prior: 1897 c 69 § 12; RRS § 8925.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.170 - Receiver—Power to sell property.

RCW 35.07.170
Receiver—Power to sell property.
The receiver shall be authorized to sell at public auction after such public notice as the sheriff is required to give of like property sold on execution, all the property of the former municipality except such as is necessary for his or her use in winding up its affairs, and excepting also such as has been dedicated to public use.
Personal property shall be sold for cash.
Real property may be sold for all cash, or for one-half cash and the remainder in deferred payments, the last payment not to be later than one year from date of sale. Title shall not pass until all deferred payments have been fully paid.
[ 2009 c 549 § 2006; 1965 c 7 § 35.07.170. Prior: 1897 c 69 § 10, part; RRS § 8923.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.180 - Receiver—Power to levy taxes.

RCW 35.07.180
Receiver—Power to levy taxes.
In the same manner and to the same extent as the proper authorities of the former city or town could have done had it not been disincorporated, the receiver shall be authorized to levy taxes on all taxable property, to receive the taxes when collected and to apply them together with the proceeds arising from sales to the extinguishment of the obligations of the former city or town.
After all the lawful claims against the former city or town have been paid excepting bonds not yet due, no levy greater than fifty cents per thousand dollars of assessed value shall be made; nor shall the levy be greater than sufficient to meet the accruing interest until the bonds mature.
[ 1973 1st ex.s. c 195 § 11; 1965 c 7 § 35.07.180. Prior: 1897 c 69 § 10, part; RRS § 8923, part.]
NOTES:
Severability—Effective dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.190 - Receiver's compensation.

RCW 35.07.190
Receiver's compensation.
The receiver shall be entitled to deduct from any funds coming into his or her hands a commission of six percent on the first thousand dollars, five percent on the second thousand and four percent on any amount over two thousand dollars as his or her full compensation exclusive of necessary traveling expenses and necessary disbursements, but not exclusive of attorney's fees.
[ 2009 c 549 § 2007; 1965 c 7 § 35.07.190. Prior: 1897 c 69 § 11; RRS § 8924.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.200 - Receiver—Removal for cause.

RCW 35.07.200
Receiver—Removal for cause.
The receiver shall proceed to wind up the affairs of the corporation with diligence and for negligence or misconduct in the discharge of his or her duties may be removed by the superior court upon a proper showing made by a taxpayer of the former city or town or by an unsatisfied creditor thereof.
[ 2009 c 549 § 2008; 1965 c 7 § 35.07.200. Prior: 1897 c 69 § 13, part; RRS § 8926, part.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.210 - Receiver—Successive appointments.

RCW 35.07.210
Receiver—Successive appointments.
In the case of removal, death, or resignation of a receiver, the court may appoint a new receiver to take charge of the affairs of the former city or town.
[ 1965 c 7 § 35.07.210. Prior: 1897 c 69 § 13, part; RRS § 8926, part.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.220 - Receiver—Final account and discharge.

RCW 35.07.220
Receiver—Final account and discharge.
Upon the final payment of all lawful demands against the former city or town, the receiver shall file a final account, together with all vouchers, with the clerk of the superior court. Any funds remaining in his or her hands shall be paid to the county treasurer for the use of the school district in which the former city or town was situated; and thereupon the receivership shall be at an end.
[ 2009 c 549 § 2009; 1965 c 7 § 35.07.220. Prior: 1897 c 69 § 14; RRS § 8927.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.225 - Applicability of general receivership law.

RCW 35.07.225
Applicability of general receivership law.
The provisions of Title 7 RCW generally applicable to receivers and receiverships do not apply to receivers elected or appointed under this chapter.
[ 2004 c 165 § 43.]
NOTES:
Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.230 - Involuntary dissolution of towns—Authorized.

RCW 35.07.230
Involuntary dissolution of towns—Authorized.
If any town fails for two successive years to hold its regular municipal election, or if the officers elected at the regular election of any town fail for two successive years to qualify and the government of the town ceases to function by reason thereof, the state auditor may petition the superior court of the county for an order, dissolving the town. In addition to stating the facts which would justify the entry of such an order, the petition shall set forth a detailed statement of the assets and liabilities of the town insofar as they can be ascertained.
[ 1995 c 301 § 34; 1965 c 7 § 35.07.230. Prior: 1925 ex.s. c 76 § 1; RRS § 8931-1.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.07 - Disincorporation. › 35.07.240 - Involuntary dissolution of towns—Notice of hearing.

RCW 35.07.240
Involuntary dissolution of towns—Notice of hearing.
Upon the filing of a petition for the involuntary dissolution of a town, the superior court shall enter an order fixing the time for hearing thereon at a date not less than thirty days from date of filing. The state auditor shall give notice of the hearing by publication in a newspaper of general circulation in the county, once a week for three successive weeks, and by posting in three public places in the town, stating therein the purpose of the petition and the date and place of hearing thereon.
[ 1985 c 469 § 18; 1965 c 7 § 35.07.240. Prior: 1925 ex.s. c 76 § 2; RRS § 8931-2.]