Proceedings for excluding
agricultural land from the boundaries of a charter code city or
noncharter code city may be commenced by the filing of a petition
which is sufficient as determined by RCW 35A.01.040 by property
owners of the agricultural land proposed to be excluded, in the
following manner which is alternative to other methods provided
in this chapter:
(1) A petition for exclusion of agricultural land from the
incorporated area of a code city shall be filed with the
legislative body of the municipality. The petition for exclusion
must be signed by the owners of not less than one hundred percent
of the agricultural land for which exclusion is sought and, if
residents exist within the area proposed for exclusion, a
majority of the registered voters residing in the area for which
exclusion is petitioned.
(2) The petition shall set forth a legal description of the
territory proposed to be excluded and shall be accompanied by a
drawing that outlines the boundaries of the territory sought to
be excluded.
(3) When a petition for exclusion that meets the
requirements of this section and RCW 35A.01.040 is filed with the
legislative body of the code city, the legislative body shall set
a date, not later than sixty days after the filing of the
request, for a public hearing thereon and cause notice of the
hearing to be published in one or more issues of a newspaper of
general circulation in the city. The notice shall also be posted
in three public places within the territory proposed for
exclusion, and shall specify the time and place of hearing and
invite interested persons to appear and voice approval or
disapproval of the exclusion.
(4) Following the hearing, if the legislative body
determines to effect the exclusion from city boundaries, they
shall do so by ordinance. The ordinance may exclude all or any
portion of the proposed territory but may not include in the
exclusion any territory not described in the petition. The
ordinance shall contain a legal description of the territory and
declare it no longer a part of the code city.
[2005 c 77 § 1.]