Politics: Esperance Annexation: Laws

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• 1. Annexation Options
  • 1.1. Old-style
  • 1.2. Island Annexation

1. Annexation Options

In 2003 state annexation law was changed to simplify annexation of areas fully surrounded by cities. Edmonds now has two approaches available:

1. The old annexation-by-petition
2. The new island-annexation.

We don't know which they will choose, or when they will act.

1.1. Old-style

Pro-annexation people have to sign a petition to annex. Might do this a piece at a time (as has been done in the past).

1.2. Island Annexation

Edmonds acts, then Pro-independence people sign a petition to reject. Edmonds has to target all of Esperance all at once.

SHB 1755

How is an annexation under this new method initiated?

This new method of annexing unincorporated islands of territory actually embodies two alternative procedures, one process - initiated by a county - that can be employed if an initial process - initiated by a city or county - fails. The process is begun by the legislative body of a qualifying city or county (see above) adopting a resolution "commencing negotiations" for an interlocal agreement with the county or a city, as the case may be, for annexation of territory described in the agreement that is within the city's UGA and that has at least 60 percent of its boundaries contiguous to the annexing city or the annexing city and one or more other cities. After a resolution is adopted, the county and city are to negotiate and try to reach an agreement regarding the annexation.

If, after passage of the resolution, the county and city reach an agreement, the respective legislative bodies must each hold a public hearing, which may be a joint hearing, before actual execution of the agreement. The county and city must, either separately or jointly, publish the text of the agreement at least once a week for two weeks before the date of the hearing(s) in one or more newspapers of general circulation in the area proposed for annexation. Presumably, these publications should also provide notice of the public hearing(s).

How is an annexation under this method completed?

Following the public hearing(s) and adoption of the agreement between the county and city legislative bodies providing for the annexation of the unincorporated island, the city council adopts an ordinance annexing the territory as described in the agreement. The ordinance may provide that the property owners in the annexed area will assume their share of the city's outstanding indebtedness and/or that a specific proposed zoning regulation is adopted for the area. The ordinance must set the date that the annexation is effective, but that date must be 45 days or more following the date of ordinance adoption to accommodate a referendum procedure. The city council must publish notice of the effective date of the annexation at least once a week for two weeks after passage of the ordinance in one or more newspapers of general circulation in the area to be annexed.

Is the annexation ordinance subject to a referendum?

Yes. Under Section 2(5) and 4(5) of SHB 1755, the annexation ordinance is subject to a referendum election if, within 45 days of adoption of the ordinance, a sufficient referendum petition is filed with the city council. A referendum petition is sufficient if it is signed by registered voters representing not less than 15 percent of the number of votes cast at the last state general election in the area to be annexed. If a sufficient petition is filed, an election on the annexation is to be held at a general election if it is within 90 days of the filing of the petition or at a special election that is 45 to 90 days after filing of the petition. The election is held only within the area subject to annexation and is decided by majority vote.

http://www.mrsc.org/Subjects/Legal/annex/altannex.aspx

• RCW 35A.14.297

  Ordinance providing for annexation of unincorporated island of territory -- Referendum.

  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 the resolution, but the effective date of the ordinance shall be not less than forty-five days after the passage thereof. The legislative body shall cause notice of the proposed effective date of the annexation, together with a description of the property to be annexed, to be published at least once each week for two weeks subsequent to passage of the ordinance, in one or more newspapers of general circulation within the city and in one or more newspapers of general circulation within the area to be annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice shall include a statement of such requirements. Such annexation ordinance shall be subject to referendum for forty-five days after the passage thereof. Upon the filing of a timely and sufficient referendum petition as provided in RCW 35A.14.299 below, a referendum election shall be held as provided in RCW 35A.14.299, and the annexation shall be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition thereto. After the expiration of the forty-fifth day from, but excluding the date of passage of the annexation ordinance, if no timely and sufficient referendum petition has been filed, as provided by RCW 35A.14.299 below, the area annexed shall become a part of the code city upon the date fixed in the ordinance of annexation.

• RCW 35A.14.299

  Annexation of unincorporated island of territory within code city -- Referendum -- Effective date if no referendum.

  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 less than ten percent of the votes cast in the last general state election in the area to be annexed, the question of annexation shall be submitted to the voters of such area in a general election if one is to be held within ninety days or at a special election called for that purpose not less than forty-five days nor more than ninety days after the filing of the referendum petition. Notice of such election shall be given as provided in RCW 35A.14.070 and the election shall be conducted as provided in *RCW 35A.14.060. The annexation shall be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition thereto.

  After the expiration of the forty-fifth day from but excluding the date of passage of the annexation ordinance, if no timely and sufficient referendum petition has been filed, the area annexed shall become a part of the code city upon the date fixed in the ordinance of annexation. From and after such date, if the ordinance so provided, property in the annexed area shall be subject to the proposed zoning regulation prepared and filed for such area as provided in RCW 35A.14.330 and 35A.14.340. If the ordinance so provided, all property within the area annexed shall be assessed and taxed at the same rate and on the same basis as the property of such annexing code city is assessed and taxed to pay for any then outstanding indebtedness of such city contracted prior to, or existing at, the date of annexation.