When a petition is sufficient under the
rules set forth in RCW 35A.01.040, calling for an election to vote
upon the annexation of unincorporated territory contiguous to a
code city, describing the boundaries of the area proposed to be
annexed, stating the number of voters therein as nearly as may be,
and signed by qualified electors resident in such territory equal
in number to ten percent of the votes cast at the last state
general election therein, it shall be filed with the auditor of the
county in which all, or the greatest portion, of the territory is
located, and a copy of the petition shall be filed with the
legislative body of the code city. If the territory is located in
more than a single county, the auditor of the county with whom the
petition is filed shall act as the lead auditor and transmit a copy
of the petition to the auditor of each other county within which a
portion of the territory is located. The auditor or auditors shall
examine the petition, and the auditor or lead auditor shall certify
the sufficiency of the petition to the legislative authority of the
code city.
If the signatures on the petition are certified as containing
sufficient valid signatures, the city legislative authority shall,
by resolution entered within sixty days thereafter, notify the
petitioners, either by mail or by publication in the same manner
notice of hearing is required by RCW 35A.14.040 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 is assessed and
taxed to pay for all or any portion of the then-outstanding
indebtedness of the city to which said area is annexed, which
indebtedness has been approved by the voters, contracted for, or
incurred prior to, or existing at, the date of annexation. Only
after the legislative body has completed preparation and filing of
a proposed zoning regulation for the area to be annexed as provided
for in RCW 35A.14.330 and 35A.14.340, the legislative body in
approving the proposed action, may require that the proposed zoning
regulation be simultaneously adopted upon the approval of
annexation by the electorate of the area to be annexed. The
approval of the legislative body shall be a condition precedent to
further proceedings upon the petition. The costs of conducting the
election called for in the petition shall be a charge against the
city concerned. The proposition or questions provided for in this
section may be submitted to the voter either separately or as a
single proposition.
[1989 c 351 § 4; 1981 c 332 § 6; 1979 ex.s. c 124 § 2; 1967 ex.s. c 119 § 35A.14.020.]
NOTES:
Severability -- 1981 c 332: See note following RCW 35.13.165.
Severability -- 1979 ex.s. c 124: See note following RCW 35A.14.015.