Title 35A — Title 35A OPTIONAL MUNICIPAL CODE
57 chapters · 481 sections in this title.
RCW 35A.14.210 Court review of decisions of the county annexation review board.
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Decisions of the county annexation review board shall be final unless within ten days from the date of said action a governmental unit affected by the decision or any person owning real property in or residing in the area proposed to be annexed files in the superior court a notic…
RCW 35A.14.220 When review procedure may be dispensed with.
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Annexations under the provisions of RCW 35A.14.295, 35A.14.297, 35A.14.300, and 35A.14.310 shall not be subject to review by the annexation review board: PROVIDED, That in any county in which a boundary review board is established under chapter 36.93 RCW all annexations shall be …
RCW 35A.14.231 Territory subject to annexation proposal—When annexation by another city or incorporation allowed.
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After a petition proposing an annexation by a code city has been filed with the city or the city legislative authority, or after a resolution proposing the annexation by a code city has been adopted by the city legislative authority, no territory included in the proposed annexati…
RCW 35A.14.295 Annexation of unincorporated island of territory within code city—Resolution—Notice of hearing.
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(1) The legislative body of a code city may resolve to annex territory to the city if there is within the city, unincorporated territory:(a) Containing less than one hundred seventy-five acres and having all of the boundaries of such area contiguous to the code city; or(b) Of any…
RCW 35A.14.296 Annexation of unincorporated territory pursuant to interlocal agreement.
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(1) A code city as provided in subsection (2) of this section may annex unincorporated territory pursuant to an interlocal agreement. This method of annexation shall be an alternative method and is additional to all other methods provided for in this chapter.(2) The county legisl…
RCW 35A.14.297 Ordinance providing for annexation of unincorporated island of territory—Referendum.
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On the date set for hearing as provided in RCW 35A.14.295, 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 t…
RCW 35A.14.299 Annexation of unincorporated island of territory within code city—Referendum—Effective date if no referendum.
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Such annexation ordinance as provided for in RCW 35A.14.297 shall be subject to referendum for forty-five days after the passage thereof. Upon the filing of a timely and sufficient referendum petition with the legislative body, signed by qualified electors in number equal to not …
RCW 35A.14.300 Annexation for municipal purposes.
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Legislative bodies of code cities may by a majority vote annex territory outside the limits of such city whether contiguous or noncontiguous for any municipal purpose when such territory is owned by the city.[ 1981 c 332 s 7; 1967 ex.s. c 119 s 35A.14.300.]
RCW 35A.14.310 Annexation of federal areas.
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A code city may annex an unincorporated area contiguous to the city that is owned by the federal government by adopting an ordinance providing for the annexation and which ordinance either acknowledges an agreement of the annexation by the government of the United States, or acce…
RCW 35A.14.320 Annexation of federal areas—Provisions of ordinance—Authority over annexed territory.
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In the ordinance annexing territory pursuant to a gift, grant, or lease from the government of the United States, a code city may include such tide and shorelands as may be necessary or convenient for the use thereof, and may include in the ordinance an acceptance of the terms an…
RCW 35A.14.330 Proposed zoning regulation—Purposes of regulations and restrictions.
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The legislative body of any code city acting through a planning agency created pursuant to chapter 35A.63 RCW, or pursuant to its granted powers, may prepare a proposed zoning regulation to become effective upon the annexation of any area which might reasonably be expected to be …
RCW 35A.14.340 Notice and hearing—Filings and recordings.
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The legislative body of the code city shall hold two or more public hearings, to be held at least thirty days apart, upon the proposed zoning regulation, giving notice of the time and place thereof by publication in a newspaper of general circulation in the annexing city and the …
RCW 35A.14.380 Ownership of assets of fire protection district—Assumption of responsibility of fire protection—When at least sixty percent of assessed valuation is annexed or incorporated in code city.
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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 code city, ownership of all of the assets of the district shall be vested in the code city, upon payment…
RCW 35A.14.400 Ownership of assets of fire protection district—When less than sixty percent of assessed valuation is annexed or incorporated in code city.
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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 code city, the ownership of all assets of the district shall remain in the district and the district shall …
RCW 35A.14.410 When right-of-way may be included—Use of right-of-way line as corporate boundary.
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The boundaries of a code city arising from an annexation of territory shall not include a portion of the right-of-way of any public street, road, or highway except where the boundary runs from one edge of the right-of-way to the other edge of the right-of-way. However, the right-…
RCW 35A.14.420 Alternative direct petition method—Notice to legislative body—Meeting—Assumption of indebtedness—Proposed zoning regulation—Contents of petition.
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(1) Proceedings for initiating annexation of unincorporated territory to a charter code city or noncharter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed, in the following manner which is alternative to other meth…
RCW 35A.14.430 Alternative direct petition method—Notice of hearing.
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When a petition for annexation is filed with the legislative body of a code city, that meets the requirements of RCW 35A.01.040 and 35A.14.420, the legislative body may entertain the same, fix a date for a public hearing thereon and cause notice of the hearing to be published in …
RCW 35A.14.440 Alternative direct petition method—Ordinance providing for annexation.
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Following the hearing, if the legislative body determines to effect the annexation, they shall do so by ordinance. Subject to RCW 35A.14.410, the ordinance may annex all or any portion of the proposed area but may not include in the annexation any property not described in the pe…
RCW 35A.14.450 Alternative direct petition method—Effective date of annexation.
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Upon the date fixed in the ordinance of annexation, the area annexed shall become part of the city. All property within the annexed territory shall, if the annexation petition so provided, be assessed and taxed at the same rate and on the same basis as the property of the annexin…
RCW 35A.14.460 Annexation of territory within urban growth areas—Interlocal agreement—Public hearing—Ordinance providing for annexation.
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(1) The legislative body of a county or code city planning under chapter 36.70A RCW and subject to the requirements of RCW 36.70A.215 may initiate an annexation process for unincorporated territory by adopting a resolution commencing negotiations for an interlocal agreement as pr…
RCW 35A.14.470 Annexation of territory within urban growth areas—County may initiate process with other cities or towns—Interlocal agreement—Public hearing—Ordinance—Referendum—Election, when necessary.
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(1) The legislative body of any county planning under chapter 36.70A RCW and subject to the requirements of RCW 36.70A.215 may initiate an annexation process with the legislative body of any other cities or towns that are contiguous to the territory proposed for annexation in RCW…
RCW 35A.14.472 Annexation of unincorporated territory within urban growth areas—Interlocal agreement, when authorized—Requirements.
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(1) A code city as provided in RCW 35A.14.296(2) may collaborate with the county or counties where the code city is located to form an interlocal agreement regarding annexation of unincorporated territory within the urban growth area boundary. The interlocal agreement formation p…
RCW 35A.14.475 Annexation of territory within regional transit authorities.
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When territory is annexed under this chapter to a code city located within the boundaries of a regional transit authority, the territory is simultaneously included within the boundaries of the authority and subject from the effective date of the annexation to all taxes and other …
RCW 35A.14.480 Annexation of territory served by fire districts—Interlocal agreement process.
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(1)(a) An annexation by a code city 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 distr…
RCW 35A.14.485 Annexation of fire districts—Transfer of employees.
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(1) If any portion of a fire protection district is proposed for annexation to or incorporation into a code city, both the fire protection district and the code city shall jointly inform the employees of the fire protection district about hires, separations, terminations, and any…
RCW 35A.14.488 Fire protection and safety in proposed annexed territory—Report request.
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Upon the written request of a fire protection district, code cities 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 resi…
RCW 35A.14.490 Annexation of territory used for an agricultural fair.
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(1) Territory owned by a county and used for an agricultural fair as provided in chapter 15.76 RCW or chapter 36.37 RCW may only be annexed to a code city through the method prescribed in this section.(a) The legislative body of the city proposing the annexation must submit a req…
RCW 35A.14.500 Outstanding indebtedness not affected.
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When any portion of a fire protection district is annexed by or incorporated into a code city, 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.[ 19…
RCW 35A.14.550 Providing annexation information to public.
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A code city can provide factual public information on the effects of pending annexation proposed for the code city.[ 1989 c 351 s 9.]
RCW 35A.14.700 Determining population of annexed territory—Certificate—As basis for allocation of state funds—Revised certificate.
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(1) Whenever any territory is annexed to a code city, a certificate as hereinafter provided must be submitted to the office of financial management within thirty days of the effective date of the action specified in the relevant ordinance. After approval of the certificate, the o…
RCW 35A.14.801 Taxes collected in annexed territory—Notification of annexation.
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(1) Whenever any territory is annexed to a code city which is part of a road district of the county and road district taxes have been levied but not collected on any property within the annexed territory, the same shall when collected by the county treasurer be paid to the code c…
RCW 35A.14.900 Cancellation, acquisition of franchise or permit for operation of public service business in territory annexed—Regulation of solid waste collection.
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The annexation by any code city of any territory pursuant to this chapter shall cancel, as of the effective date of such annexation, any franchise or permit theretofore granted to any person, firm or corporation by the state of Washington, or by the governing body of such annexed…
RCW 35A.14.901 Application of chapter to annexations involving water or sewer service.
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Nothing in this chapter precludes or otherwise applies to an annexation by a code city of unincorporated territory as authorized by RCW 57.24.170, 57.24.190, and 57.24.210.[ 1996 c 230 s 1604; 1995 c 279 s 4.]Notes:Part headings not law—Effective date—1996 c 230: See notes follow…
RCW 35A.15.001 Actions subject to review by boundary review board.
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Actions taken under chapter 35A.15 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.[ 1989 c 84 s 39.]
RCW 35A.15.010 Authority for disincorporation—Petition—Resolution.
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Any noncharter code city may be disincorporated. Proceedings may be initiated by the filing with the county auditor of a petition for disincorporation signed by a majority of the registered voters resident in such city, or the legislative body of the city may provide by resolutio…
RCW 35A.15.020 Election on disincorporation—Receiver.
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The legislative body shall cause the proposition of disincorporation to be submitted to the voters at the next general municipal election if one is to be held within one hundred and eighty days, or at a special election called for that purpose not less than ninety days, nor more …
RCW 35A.15.040 Ballots—Election results.
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Ballot titles shall be prepared by the city as provided in RCW 35A.29.120 and shall contain the words "For Dissolution" and "Against Dissolution", and shall contain on separate lines, alphabetically, the names of candidates for receiver. If a majority of the votes cast on the pro…
RCW 35A.15.050 Effect of disincorporation—Powers—Offices.
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The effect of disincorporation of a noncharter code city shall be as provided in RCW 35.07.090, 35.07.100, and 35.07.110.[ 1967 ex.s. c 119 s 35A.15.050.]
RCW 35A.15.060 Receiver—Qualification—Bond—When receiver may be appointed.
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The receiver shall qualify and post a bond as provided in RCW 35.07.120. If an elected receiver fails to qualify within the time prescribed, or if no receiver has been elected and the code city does have indebtedness or an outstanding liability, a receiver shall be appointed in t…
RCW 35A.15.070 Duties and authority of receiver—Claims—Priority.
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The duties and authority of the receiver and the disposition and priority of claims against the former municipality shall be as provided in RCW 35.07.150, and the receiver shall have the rights, powers, and limitations provided for such a receiver in RCW 35.07.160, 35.07.170, and…
RCW 35A.15.080 Compensation of receiver.
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The compensation of the receiver shall be as provided in RCW 35.07.190.[ 1967 ex.s. c 119 s 35A.15.080.]
RCW 35A.15.090 Receiver—Removal for cause—Successive appointments.
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The receiver may be removed for cause as provided in RCW 35.07.200 and a successor to the receiver may be appointed as provided in RCW 35.07.210.[ 1967 ex.s. c 119 s 35A.15.090.]
RCW 35A.15.100 Receiver—Final account and discharge.
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The receiver shall file a final account, pay remaining funds to the county treasurer, and be discharged, all as provided in RCW 35.07.220.[ 1967 ex.s. c 119 s 35A.15.100.]
RCW 35A.15.105 Applicability of general receivership law.
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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 s 44.]Notes:Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005.
RCW 35A.15.110 Involuntary dissolution.
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A noncharter code city may be involuntarily dissolved in the manner provided in RCW 35.07.230, 35.07.240, 35.07.250, and 35.07.260 upon the existence of the conditions stated in RCW 35.07.230.[ 1967 ex.s. c 119 s 35A.15.110.]
RCW 35A.16.001 Actions subject to review by boundary review board.
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Actions taken under chapter 35A.16 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.[ 1989 c 84 s 40.]
RCW 35A.16.010 Petition or resolution for election.
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Upon the filing of a petition which is sufficient as determined by RCW 35A.01.040 praying for the exclusion from the boundaries of a code city of an area described by metes and bounds or by reference to a recorded plat or government survey, signed by qualified voters of the city …
RCW 35A.16.030 Abstract of vote.
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If three-fifths of the votes cast on the proposition favor the reduction of the corporate limits, the county auditor shall make and transmit to the office of the secretary of state a certified abstract of the vote.[ 1994 c 223 s 40; 1967 ex.s. c 119 s 35A.16.030.]
RCW 35A.16.040 Effective date of reduction.
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Promptly after the filing of the abstract of votes with the secretary of state the legislative body shall adopt an ordinance defining and fixing the corporate limits after excluding the area as determined by the election. The ordinance shall also describe the excluded territory b…
RCW 35A.16.050 Recording of ordinance and plat on effective date of reduction.
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Upon the effective date of the ordinance a certified copy thereof together with a map showing the corporate limits as altered shall be filed and recorded in the office of the county auditor of the county in which the code city is situated, and thereupon the boundaries shall be as…