Title 35 — Title 35 CITIES AND TOWNS
49 chapters · 1,261 sections in this title.
RCW 35.01.010 First-class city.
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A first-class city is a city with a population of ten thousand or more at the time of its organization or reorganization that has a charter adopted under Article XI, section 10, of the state Constitution.[ 1994 c 81 s 3; 1965 c 7 s 35.01.010. Prior: 1955 c 319 s 2; prior: (i) 189…
RCW 35.01.020 Second-class city.
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A second-class city is a city with a population of fifteen hundred or more at the time of its organization or reorganization that does not have a charter adopted under Article XI, section 10, of the state Constitution, and does not operate under Title 35A RCW.[ 1997 c 361 s 9; 19…
RCW 35.01.040 Town.
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A town has a population of less than fifteen hundred at the time of its organization and does not operate under Title 35A RCW.[ 1997 c 361 s 10; 1994 c 81 s 5; 1965 c 7 s 35.01.040. Prior: 1963 c 119 s 2; 1955 c 319 s 5; prior: (i) 1890 p 140 s 11, part; RRS s 8932, part. (ii) 18…
RCW 35.02.001 Actions subject to review by boundary review board.
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The incorporation of a city or town is subject to review by a boundary review board under chapter 36.93 RCW if a boundary review board exists in the county in which all or any portion of the territory proposed to be incorporated is located.[ 1994 c 216 s 11; 1989 c 84 s 25.]Notes…
RCW 35.02.005 Purpose.
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The purpose of chapter 35.02 RCW is to provide a clear and uniform process for the incorporation of cities or towns operating under either Title 35 or 35A RCW. An incorporation may result in the creation of a second-class city or town operating under Title 35 RCW or a noncharter …
RCW 35.02.010 Authority for incorporation—Number of inhabitants required.
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Any contiguous area containing not less than 1,500 inhabitants lying outside the limits of an incorporated city or town may become incorporated as a city or town operating under Title 35 or 35A RCW as provided in this chapter.[ 2023 c 82 s 1; 1994 c 216 s 12; 1986 c 234 s 2; 1969…
RCW 35.02.015 Proposed incorporations—Notice to county—Boundary review board hearing.
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Any person proposing the incorporation of a city or town shall file a notice of the proposed incorporation with the county legislative authority of the county in which all or the major portion of the proposed city or town is located. The notice shall include the matters required …
RCW 35.02.017 County auditor shall provide identification number.
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Within one working day after the public meeting under RCW 35.02.015, the county auditor shall provide an identification number for the incorporation effort to the person who made the notice of proposing the incorporation. The identification number shall be included on the petitio…
RCW 35.02.020 Petition for incorporation—Signatures—Filing deadline.
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A petition for incorporation must be signed by registered voters resident within the limits of the proposed city or town equal in number to at least ten percent of the number of voters residing within the proposed city or town and filed with the auditor of the county in which all…
RCW 35.02.030 Petition for incorporation—Contents.
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The petition for incorporation shall: (1) Indicate whether the proposed city or town shall be a noncharter code city operating under Title 35A RCW, or a city or town operating under Title 35 RCW; (2) indicate the form or plan of government the city or town is to have; (3) set for…
RCW 35.02.035 Petition—Auditor's duties.
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The county auditor shall within thirty days from the time of receiving said petition determine if the petition contains a sufficient number of valid signatures. If the proposed city or town is located in more than one county, the auditor shall immediately transmit a copy of the p…
RCW 35.02.037 Petition—Notice of certification.
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The county auditor who certifies the sufficiency of the petition shall notify the person or persons who submitted the petition of its sufficiency within five days of when the determination of sufficiency is made. Notice shall be by certified mail and may additionally be made by t…
RCW 35.02.039 Public hearing—Time limitations.
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(1) The county legislative authority of the county in which the proposed city or town is located shall hold a public hearing on the proposed incorporation if no boundary review board exists in the county. The public hearing shall be held within sixty days of when the county audit…
RCW 35.02.040 Public hearing—Publication of notice.
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Notice of the public hearing by the county legislative authority on the proposed incorporation shall be by one publication in not more than ten nor less than three days prior to the date set for said hearing in one or more newspapers of general circulation within the area propose…
RCW 35.02.070 Public hearing by county legislative authority—Establishment of boundaries—Limitations.
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(1) If a county legislative authority holds a public hearing on a proposed incorporation, it shall establish and define the boundaries of the proposed city or town, being authorized to decrease or increase the area proposed in the petition under the same restrictions that a bound…
RCW 35.02.078 Elections—Question of incorporation—Nomination and election of officers.
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An election shall be held in the area proposed to be incorporated to determine whether the proposed city or town shall be incorporated when the boundary review board takes action on the proposal other than disapproving the proposal, or if the county legislative authority does not…
RCW 35.02.086 Elections—Candidates—Filing—Withdrawal—Ballot position.
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Each candidate for a city or town elective position shall file a declaration of candidacy with the county auditor of the county in which all or the major portion of the city or town is located not more than sixty days nor less than forty-five days prior to the primary election at…
RCW 35.02.090 Elections—Conduct—Voters' qualifications.
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The elections on the proposed incorporation and for the nomination and election of the initial elected officials shall be conducted in accordance with the general election laws of the state, except as provided in this chapter. No person is entitled to vote thereat unless he or sh…
RCW 35.02.100 Election on question of incorporation—Notice—Contents.
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The notice of election on the question of the incorporation shall be given as provided by RCW 29A.52.355 and shall describe the boundaries of the proposed city or town, its name, and the number of inhabitants ascertained by the county legislative authority or the boundary review …
RCW 35.02.110 Election on question of incorporation—Ballots.
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The ballots in the initial election on the question of incorporation shall contain the words "for incorporation" and "against incorporation" or words equivalent thereto.[ 1986 c 234 s 14; 1965 c 7 s 35.02.110. Prior: 1957 c 173 s 10; prior: 1890 p 131 s 2, part; 1888 p 221 ss 1, …
RCW 35.02.120 Election on question of incorporation—Certification of results.
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If the results reveal that a majority of the votes cast are for incorporation, the city or town shall become incorporated as provided in RCW 35.02.130. If the proposed city or town is located in more than one county, the auditors of the county or counties in which the smaller por…
RCW 35.02.125 Newly incorporated city or town—Liability for costs of elections.
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A newly incorporated city or town shall be liable for its proportionate share of the costs of all elections, after the election on whether the area should be incorporated, at which an issue relating to the city or town is placed before the voters, as if the city or town was in ex…
RCW 35.02.130 Newly incorporated city or town—Effective date of incorporation—Powers during interim period—Terms of elected officers—First municipal election.
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The city or town officially shall become incorporated at a date from one hundred eighty days to three hundred sixty days after the date of the election on the question of incorporation. An interim period shall exist between the time the newly elected officials have been elected a…
RCW 35.02.132 Newly incorporated city or town—Budgets.
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The newly elected officials shall adopt an interim budget for the interim period or until January 1 of the following year, whichever occurs first. A second interim budget shall be adopted for any period between January 1 and the official date of incorporation. These interim budge…
RCW 35.02.135 Newly incorporated city or town—May borrow from municipal sales and use tax equalization account.
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Upon the certification of election of officers, the governing body may by resolution borrow money from the municipal sales and use tax equalization account, up to one hundred thousand dollars or five dollars per capita based on the population estimate required by RCW 35.02.030, w…
RCW 35.02.137 Newly incorporated city or town—Moratoria on development permits and approvals.
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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], su…
RCW 35.02.139 Newly incorporated city or town—First general election of councilmembers or commissioners—Initial, subsequent terms.
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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. T…
RCW 35.02.140 Disposition of uncollected road district taxes.
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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 …
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.
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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 c…
RCW 35.02.155 Effect of proposed annexation on petition.
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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 pr…
RCW 35.02.160 Cancellation, acquisition of franchise or permit for operation of public service business in territory incorporated—Regulation of solid waste collection.
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The incorporation of any territory as a city or town shall cancel, as of the effective date of such incorporation, any franchise or permit theretofore granted to any person, firm or corporation by the state of Washington, or by the governing body of such incorporated territory, a…
RCW 35.02.170 Use of right-of-way line as corporate boundary—When right-of-way may be included.
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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 pub…
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.
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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…
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.
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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 city or town, ownership of all of the assets of the district shall be vested in the city or town, or, if…
RCW 35.02.200 Annexation/incorporation of fire protection district—Ownership of assets of fire protection district—When less than sixty percent.
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(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…
RCW 35.02.202 Annexation/incorporation of fire protection district—Delay of transfer.
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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, t…
RCW 35.02.205 Annexation/incorporation of fire protection district—Distribution of assets of district when less than five percent of district annexed—Distribution agreement—Arbitration.
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(1) A distribution of assets from the fire protection district to the city or town shall occur as provided in this section upon the annexation or, in the case of an incorporation, on the date on which the city or town withdraws from the fire protection district pursuant to RCW 52…
RCW 35.02.210 Fire protection district and library district—Continuation of services at option of city or town.
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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.[ …
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.
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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…
RCW 35.02.225 County may contract to provide essential services.
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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 un…
RCW 35.02.230 Incorporation of city or town located in more than one county—Powers and duties of county after incorporation—Costs.
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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 offic…
RCW 35.02.240 Incorporation of city or town located in more than one county—Taxes—Powers and duties of county after incorporation—Costs.
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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…
RCW 35.02.250 Corporate powers in dealings with federal government.
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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 impro…
RCW 35.02.260 Duty of department of commerce to assist newly incorporated cities and towns.
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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 prov…
RCW 35.02.270 Other local governments and state agencies—May assist newly incorporated cities and towns.
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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. S…
RCW 35.06.010 Population requirements for advance in classification.
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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 classif…
RCW 35.06.070 Procedure for advancement—Ballot proposition—Notification of secretary of state.
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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 …
RCW 35.06.080 Election of new officers.
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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 …
RCW 35.07.001 Actions subject to review by boundary review board.
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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 s 26.]
RCW 35.07.010 Authority for disincorporation.
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Cities and towns may disincorporate.[ 1994 c 81 s 10; 1965 c 7 s 35.07.010. Prior: 1897 c 69 s 1; RRS s 8914.]