35.13.410 - Alternative direct petition method -- Commencement of proceedings -- Notice to legislative body -- Meeting -- Assumption of indebtedness -- Comprehensive plan.

Alternative direct petition method — Commencement of proceedings — Notice to legislative body — Meeting — Assumption of indebtedness — Comprehensive plan.

Proceedings for the annexation of territory pursuant to this section and RCW 35.13.420 shall be commenced as provided in this section. Before the circulation of a petition for annexation, the initiating party or parties who, except as provided in RCW 28A.335.110, shall be either not less than ten percent of the residents of the area to be annexed or the owners of not less than ten percent of the acreage for which annexation is petitioned, shall notify the legislative body of the city or town in writing of their intention to commence annexation proceedings. The legislative body shall set a date, not later than sixty days after the filing of the request, for a meeting with the initiating parties to determine whether the city or town will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan if such plan has been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it shall require the assumption of all or any portion of existing city or town indebtedness by the area to be annexed. If the legislative body requires the assumption of all or any portion of indebtedness and/or the adoption of a comprehensive plan, it shall record this action in its minutes and the petition for annexation shall be so drawn as to clearly indicate this fact. There shall be no appeal from the decision of the legislative body.

[2003 c 331 § 2.]

Notes: Intent -- 2003 c 331: "The legislature recognizes that on March 14, 2002, the Washington state supreme court decided in Grant County Fire Protection District No. 5 v. City of Moses Lake, 145 Wn.2d 702 (2002), that the petition method of annexation authorized by RCW 35.13.125 through 35.13.160 and35A.14.120 through 35A.14.150 is unconstitutional. The legislature also recognizes that on October 11, 2002, the Washington state supreme court granted a motion for reconsideration of this decision. The legislature intends to provide a new method of direct petition annexation that enables property owners and registered voters to participate in an annexation process without the constitutional defect identified by the court." [2003 c 331 § 1.]

Severability -- 2003 c 331: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2003 c 331 § 14.]

Effective date -- 2003 c 331: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2003]." [2003 c 331 § 15.]