(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 districts that have jurisdiction over the territory proposed for annexation.

     (b) A code city proposing to annex territory shall initiate the interlocal agreement process by sending notice to the fire protection district representative and county representative stating the code city'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 district and the code city;

     (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 code 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 code 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 storm water 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 code city, the county, and the fire protection district.

     (3) If the fire protection district, annexing code city, and county reach an agreement on the enumerated goals, the annexation ordinance may proceed and is not subject to referendum. If only the annexing code city and county reach an agreement on the enumerated goals, the code city and county may proceed with annexation under the interlocal agreement, but the annexation ordinance provided for in this section 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 of the code city, 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 35A.14.070, 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 code city upon the date fixed in the ordinance of annexation.

[2009 c 60 § 9.]