RCW ch. 35.13 — Revised Code of Washington Chapter 35.13 RCW — Annexation Of Unincorporated Areas

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— 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— 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— 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— 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— 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— 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— 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— 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— 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— 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— 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— 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: 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— 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— 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— 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 prope