ANNEXATION PROCESS FOR FIRE DISTRICTS IN SPOKANE COUNTY
RCW 52.04.031- 051 is the Washington State Law which describes the process for the petition method of annexation for fire districts. This process is outline below for fire districts in Spokane County including the SEPA (RCW 43.21C) and Boundary Review Board (RCW 36.93) steps.
1) A petition is filed with the Board of Fire Commissioners containing:
signatures of owners of not less than sixty percent of the land area, a legal description and map outlining the boundaries of the property to be annexed, and the financial obligation, if any, to be assumed by the area to be annexed.
2) If the Board of Fire Commissioners accepts the petition, it then fixes a date for a public hearing, publishes a hearing notice in a newspaper, and posts three notices in the proposed annexation area.
3) At this time, the SEPA requirements for an Environmental Checklist and a Threshold Determination can be completed and sent to the Department of Ecology and affected agencies by the Fire District. There is a fifteen-day comment period.
4) The Board of Fire Commissioners holds the public hearing, accepts testimony, closes the public hearing and then determines whether to accept the area for annexation and any financial obligation the area will assume. An Intent to Annex Resolution can be signed by the Board of Fire Commissioners.
5) A Notice of Intention is then filed with the Boundary Review Board. An agency with a concern about the annexation has 45 days to request a public hearing before the Boundary Review Board. If there is a hearing, the Boundary Review Board may approve, modify and approve or deny the petition. If there is no hearing before the Boundary Review Board, the Notice of Intention is approved after the 45-day period elapses.
6) The Boundary Review Board then sends to the Fire District, either its written Hearing Decision or a Certification of the Expiration of the 45-Day Period.
7) The Board of Fire Commissioners then adopts a final resolution officially annexing the area (including any modifications that the Boundary Review Board has made).
8) The Final Resolution and the recording fee are sent to the Boundary Review Board Office.
9) The Boundary Review Board Planner will verify that the legal description is the same as approved by the Boundary Review Board and will record one copy with the Spokane County Auditor and file two copies with the Spokane County Assessor and one with the Spokane County Board of Commissioners.
10) The Boundary Review Board then notifies the various county departments and affected agencies of the changed boundaries.
RCW 57.24.070 is the Washington State Law which describes the process for the petition method of annexation for water-sewer districts This process is outlined below for water-sewer districts in Spokane County including the SEPA (RCW 43.21C) and Boundary Review Board (RCW 36.93) steps.
1) A petition is filed with the Board of Directors of the Water-Sewer District containing:
- signatures of owners of not less than sixty percent of the land area, and
- a legal description and plat outlining the boundaries of the property to be annexed.
2) If the Board of Directors accepts the petition, it then fixes a date for a public hearing, publishes a hearing notice in a newspaper, and posts three notices in the proposed annexation area.
3) The Board of Directors or staff of the Water-Sewer District prepare an environmental checklist and issue a Determination of Nonsignificance. Copies are sent to the Department of Ecology and affected agencies.
4) After receiving comments on the environmental checklist, the Board of Directors holds the public hearing, accepts testimony, closes the public hearing and then determines whether to accept the area for annexation. An Intent to Annex resolution is signed by the Board of Directors.
5) A Notice of Intention is then filed with the Boundary Review Board. A copy is sent to the County Commissioners for review. The County Commissioners through its designee, Spokane County Long Range Planning, then send to the Boundary Review Board a report of its approval or disapproval with its findings.
6) An affected entity has 45 days to request a public hearing before the Boundary Review Board. If there is a hearing, the Boundary Review Board may approve, modify and approve or deny the petition. If there is no hearing before the Boundary Review Board, the Notice of Intention is approved after the 45-day period elapses.
7) The Boundary Review Board then sends to the Water-Sewer District, either its written Hearing Decision or a Certification of the Expiration of the 45-Day Period or the Waiver of the 45-Day Period.
8) The Board of Directors then adopts a resolution officially annexing the area (including any modifications that the Boundary Review Board has made).
9) This Final Resolution and a recording fee of eight dollars for the first page and one dollar per additional page are sent to the Boundary Review Board Office.
10) The Boundary Review Board Planner will verify that the legal description is the same as approved by the Boundary Review Board and will record one copy with the Spokane County Auditor and file two copies with the Spokane County Assessor and one with the Spokane County Board of Commissioners.
11) The Boundary Review Board then sends the resolution with a legal description and map of the changed boundaries to the various county departments and affected agencies.
RCW 87.03.560 is the Washington State Law which describes the process for the petition method of annexation for irrigation districts This process is outlined below for irrigation districts in Spokane County including the SEPA (RCW 43.21C) and Boundary Review Board (RCW 36.93) steps.
1) A petition is filed with the Board of Directors of the Irrigation District containing: signatures of owners of not less than fifty percent of the land area, and a legal description and plat outlining the boundaries of the property to be annexed.
2) The Secretary of the Irrigation District fixes a date for a public hearing, publishes a notice for the annexation and hearing in a newspaper for three consecutive weeks.
3) The Irrigation District Board of Directors prepare an environmental checklist and issues a Determination of Nonsignificance. Copies are sent to the Department of Ecology and affected agencies.
4) After receiving comments on the environmental checklist, the Board of Directors holds the public hearing, accepts testimony, closes the public hearing and then determines whether to accept the area for annexation and any financial obligation the area will assume. An Intent to Annex resolution is signed by the Board of Directors.
5) A Notice of Intention is then filed with the Boundary Review Board. An affected entity has 45 days to request a public hearing before the Boundary Review Board. If there is a hearing, the Boundary Review Board may approve, modify and approve or deny the petition. If there is no hearing before the Boundary Review Board, the Notice of Intention is approved after the 45-day period elapses.
6) The Boundary Review Board then sends to the Irrigation District, either its written Hearing Decision or a Certification of the Expiration of the 45-Day Period.
7) The Irrigation District Board of Directors then adopts a final order officially annexing the area (including any modifications that the Boundary Review Board has made).
8) The Final Resolution and the recording fee are sent to the Boundary Review Board Office.
9) The Boundary Review Board Planner will verify that the legal description is the same as approved by the Boundary Review Board and will record one copy with the Spokane County Auditor and file two copies with the Spokane County Assessor and one with the Spokane County Board of Commissioners.
10) The Boundary Review Board then notifies the various county departments and affected agencies of the changed boundaries.
The statutes guiding new incorporation proceedings in the State of Washington are described in the Revised Code of Washington (RCW) 35 and 35A. The role of the Boundary Review Boards in the incorporation process is outlined in RCW 36.93. The necessary legal steps for the incorporation of a new city under 35A.02 for a non-charter code city with a population under 7,500 in the State of Washington are outlined below:
STEP 1: The person proposing the incorporation shall file a notice with the county legislative authority, a one hundred dollar filing fee, and an affidavit stating that he or she is a registered voter residing in the proposed city: The notice shall include:
- The type of city proposed.
- The form of government proposed.
- Legal description of the proposed boundaries.
- Proposed name of the new city.
- Estimated population of the new city.
- Official request for incorporation.
STEP 2: The County legislative authority shall promptly notify the Boundary Review Board.
STEP 3: The Boundary Review Board shall hold a public meeting in the proposed incorporation area within 30 days of notification by the County to allow persons both favoring and opposing the incorporation an opportunity to state their views.
STEP 4: Within one working day after the public meeting, the County Auditor shall provide an identification number for the incorporation proposal. This is to be included on the petition to be circulated by the proponent. The boundaries and other matters on the petition may be different from those originally filed with the County legislative authority.
STEP 5: A petition for incorporation is submitted to the County Auditor for validation within 180 days of the public meeting. The number of signatures on the petition must be at least ten percent of voters registered within the proposed incorporation area. The petition must include:
- The type of city proposed.
- The form of government proposed.
- Legal description of the proposed boundaries.
- Proposed name of the new city.
- Estimated population of the new city.
- Official request for incorporation.
STEP 6: The County Auditor notifies the County legislative authority that the number of signatures on the petition is sufficient.
STEP 7: A Notice of Intention for incorporation is submitted to the Boundary Review Board, declared sufficient, and filed. The jurisdiction of the Boundary Review Board is also invoked.
STEP 8: The Boundary Review Board distributes the Notice of Intention to affected governmental agencies for their review. The Board may also commission a study of the incorporation proposal at this time.
STEP 9: The Boundary Review Board holds one or more public hearings on the proposal, reviews the factors and objectives required by state law, and then decides to approve the proposal, modify it by increasing or decreasing the land area, or deny the proposal. The Board then files its written decision. There is an appeal period of thirty days following the filing of the written decision.
STEP 10: The Board shall, if necessary, determine the division of assets and liabilities between two or more governmental units and determine whether, or the extent to which, functions of a special purpose district are to be assumed by the newly incorporated city, an adjacent city or another special purpose district.
STEP 11a: If approved or modified by the Boundary Review Board, the County Commissioners set the incorporation proposal for the next regularly scheduled general election at least sixty days from when the Boundary Review Board's written decision is filed, to be voted on by registered voters in the proposed incorporation area.
STEP 11b: If denied by the Boundary Review Board, the area cannot be considered for incorporation for twelve months after the date of disapproval.
STEP 12: The County legislative authority set the incorporation proposal for the next regularly scheduled general election at least sixty days from when the Boundary Review Board's written decision is filed, to be voted on by registered voters in the proposed incorporation area.
STEP 13: If the new city is approved by a majority of voters within its proposed jurisdiction, the new city has between 180 and 360 days to incorporate. At least 60 days after the election on incorporation a primary election for city officials will be held. Candidates may file for office 30 to 45 days prior to this primary election. If more than sixty percent of the votes are against incorporation, another election for incorporation of any portion of the area cannot be held for three years.
STEP 14: The final election of city officials is to be held at least thirty days after the certification of the results of the primary election.
STEP 15: An interim period exists between the time the new city officials are elected and qualified and the official date of incorporation. During this interim period, the newly elected officials are authorized to adopt ordinances and resolutions, enter into contracts and agreements, issue tax or revenue anticipation notes or warrants, submit ballot propositions to the voters to authorize taxes or annexation by a fire protection district or library district. However, these cannot become effective until on or after the official date of incorporation. The new city may acquire needed facilities, supplies, equipment, insurance and staff as if they were in existence.
STEP 16: After the transition period of 180 to 360 days elapses, the new city officially incorporates.
The statutes guiding new incorporation proceedings in the State of Washington are described in the Revised Code of Washington (RCW) 35 and 35A. The role of the Boundary Review Boards in the incorporation process is outlined in RCW 36.93. The necessary legal steps for the incorporation of a new city under 35A.02 for a non-charter code city with a population over 7,500 in the State of Washington are outlined below:
STEP 1: The person proposing the incorporation shall file a notice with the county legislative authority, a one hundred dollar filing fee, and an affidavit stating that he or she is a registered voter residing in the proposed city: The notice shall include:
- The type of city proposed.
- The form of government proposed.
- Legal description of the proposed boundaries.
- Proposed name of the new city.
- Estimated population of the new city.
- Official request for incorporation.
STEP 2: The County legislative authority shall promptly notify the Boundary Review Board.
STEP 3: The Boundary Review Board shall hold a public meeting in the proposed incorporation area within 30 days of notification by the County to allow persons both favoring and opposing the incorporation an opportunity to state their views.
STEP 4: Within one working day after the public meeting, the County Auditor shall provide an identification number for the incorporation proposal. This is to be included on the petition to be circulated by the proponent. The boundaries and other matters on the petition may be different from those originally filed with the County legislative authority.
STEP 5: A petition for incorporation is submitted to the County Auditor for validation within 180 days of the public meeting. The number of signatures on the petition must be at least ten percent of voters registered within the proposed incorporation area. The petition must include:
- The type of city proposed.
- The form of government proposed.
- Legal description of the proposed boundaries.
- Proposed name of the new city.
- Estimated population of the new city.
- Official request for incorporation.
STEP 6: The County Auditor notifies the County legislative authority that the number of signatures on the petition is sufficient.
STEP 7: A Notice of Intention for incorporation is submitted to the Boundary Review Board, declared sufficient, and filed. The jurisdiction of the Boundary Review Board is also invoked.
STEP 8: The Boundary Review Board distributes the Notice of Intention to affected governmental agencies for their review. The Board may also commission a study of the incorporation proposal at this time.
STEP 9: The Boundary Review Board holds one or more public hearings on the proposal, reviews the factors and objectives required by state law, and then decides to approve the proposal, modify it by increasing or decreasing the land area, or recommend against the proposal. The Board then files its written decision. There is an appeal period of thirty days following the filing of the written decision.
STEP 10: The Board shall, if necessary, determine the division of assets and liabilities between two or more governmental units and determine whether, or the extent to which, functions of a special purpose district are to be assumed by the newly incorporated city, an adjacent city or another special purpose district.
STEP 11: The County legislative authority set the incorporation proposal for the next regularly scheduled general election at least sixty days from when the Boundary Review Board's written decision is filed, to be voted on by registered voters in the proposed incorporation area.
STEP 12: If the new city is approved by a majority of voters within its proposed jurisdiction, the new city has between 180 and 360 days to incorporate. At least 60 days after the election on incorporation a primary election for city officials will be held. Candidates may file for office 30 to 45 days prior to this primary election. If more than sixty percent of the votes are against incorporation, another election for incorporation of any portion of the area cannot be held for three years.
STEP 13: The final election of city officials is to be held at least thirty days after the certification of the results of the primary election.
STEP 14: An interim period exists between the time the new city officials are elected and qualified and the official date of incorporation. During this interim period, the newly elected officials are authorized to adopt ordinances and resolutions, enter into contracts and agreements, issue tax or revenue anticipation notes or warrants, submit ballot propositions to the voters to authorize taxes or annexation by a fire protection district or library district. However, these cannot become effective until on or after the official date of incorporation. The new city may acquire needed facilities, supplies, equipment, insurance and staff as if they were in existence.
STEP 15: After the transition period of 180 to 360 days elapses, the new city officially incorporates.
RCW 35A.14 and 35.13 are the state laws that describe the process for the revised petition method of annexation for cities. This process is outlined below, including the SEPA (RCW 43.21C) and Boundary Review Board (RCW 36.93) steps.
1) The owners of not less than ten percent of the acreage OR not less than ten percent of the residents of the area (non code cities) to be annexed shall notify the City Council in writing of their intention to commence annexation proceedings.
2) The City Council shall set a date not later than sixty days after the request is filed to meet with the initiating parties to determine:
- whether the city will accept, reject, or geographically modify the proposed annexation;
- whether it shall require simultaneous adoption of a proposed zoning code; and
- whether it shall require the assumption of all or any portion of city indebtedness by the area to be annexed.
3) A petition is then circulated containing:
- the legal description and map of the area to be annexed;
- whether the city will require simultaneous adoption of the comprehensive plan (non-code city) or a proposed zoning regulation (code city), and
- whether it will require the assumption of all or any portion of city indebtedness by the area to be annexed.
4) The petition must be signed by:
- owners of the majority of the acreage AND
- a majority of the registered voters of the proposed annexation area.
If no residents exist within the proposed annexation area, the petition must be signed by the owners of the majority of the acreage.
5) The petition containing the signatures of property owners must be submitted to the County Assessor for certification. The Assessor will issue a Certificate of Sufficiency. RCW 35A.01.040 (9).
6) The petition containing the signatures of registered voters must be submitted to the County Auditor for certification. The Auditor will issue a Certificate of Sufficiency. RCW 35A.01.040 (9).
7) The City Council then fixes a date for a public hearing, publishes a hearing notice in a newspaper, and posts three notices in the proposed annexation area.
8) If required, the City prepares an environmental checklist on proposed comprehensive plan amendments and zoning and issues a Threshold Determination. Copies are sent to the Department of Ecology and affected agencies.
9) The City Council holds the public hearing and signs an "Intent to Annex" resolution determining that it will accept the area for annexation.
10) A Notice of Intention is then filed with the Boundary Review Board. An affected entity has 45 days to request a public hearing before the Boundary Review Board. If there is a hearing, the Boundary Review Board may approve, modify, divide assets and functions, or deny the proposal. If there is no hearing before the Boundary Review Board, the Notice of Intention is approved after the 45-day period elapses.
11) The Boundary Review Board then sends to the City, either its written Hearing Decision or a Certification of the Expiration of the 45-Day Period.
12) The City then adopts an ordinance officially annexing the area (including any modifications that the Boundary Review Board has made).
13) This Final Ordinance and a recording fee of nineteen dollars for the first page and one dollar per additional page are sent to the Boundary Review Board Office.
14) The Boundary Review Board Planner will verify that the legal description is the same as approved by the Boundary Review Board and will record one copy with the Spokane County Auditor and file two copies with the Spokane County Assessor and one with the Spokane County Board of Commissioners.
15) The Boundary Review Board then notifies the various county departments and affected agencies of the changed boundaries.
Initiation by Voters
RCW 35A.14.020 - .110 is the state law which describes the process for the election method of annexation for code cities. This process is outlined below, including the SEPA (RCW 43.21C) and Boundary Review Board (RCW 36.93) steps.
1. A petition is submitted to the County Auditor with a copy to the City Council which includes:
- A call to vote on the annexation;
- The boundaries of the area to be annexed;
- The number of registered voters in the annexation area; and
- The signatures of registered voters living in the annexation area not less in number than ten percent of the votes cast at the last general election in the area to be annexed;
3. If the petition is sufficient, the City Council shall, within 60 days, notify the petitioners of its acceptance or rejection of the annexation.
4. The City Council may also determine:
- Whether it shall require simultaneous adoption of a proposed zoning code; and
- Whether it shall require the assumption of all or any portion of city indebtedness by the area to be annexed.
6. A Notice of Intention including the resolution is then filed with the Boundary Review Board. An affected entity or voters/property owners by petition may within 45 days request review by the Boundary Review Board. If no request for review by the Boundary Review Board is filed within the 45-day period, the proposed annexation is deemed approved by the Board.
7. If a request for review is filed within the 45-day period, the Boundary Review Board must hold a hearing on the proposal and make a decision within 120 days of the filing of the request for review. The Board and the person(s) who filed the Notice of Intention may agree to an extension of the 120-day period. After the hearing, the Board may do any of the following: approve the proposal; modify the boundaries; or deny the proposal.
8. The Boundary Review Board then sends to the City either its written Hearing Decision or a Certification of the Expiration of the 45-Day Period.
9. If the proposal is approved or modified and approved by the Boundary Review Board, the City must within 30 days of receiving the Boundary Review Board decision, notify the County Auditor of its preference for a special election date that is 60 days or more after the notification.
10. The Board of County Commissioners must call the special election at the date requested by the City.
11. If the Boundary Review Board disapproves the annexation, no further action may be taken and no proposal for annexation of the same territory may be initiated for twelve months.
12. Notice of the election is to include:
- Boundaries as approved or modified by the Boundary Review Board;
- Objects of the election;
- Wording of the ballot; and
- Other requirements of the general election laws (time, date, place, etc.)
14. If the majority of votes cast are in favor of the annexation (and zoning code, if applicable), the annexation is deemed approved. If the issue of bonded indebtedness is also included as a separate proposition, that proposition must be approved by 60 percent of the voters with a minimum number of votes not less than forty percent of those from the last general election. If the annexation is approved by a majority of the voters but the indebtedness proposition is not approved, the City Council may refuse to annex the property. If the indebtedness proposition is combined with annexation proposition, the combined measure must also be approved by 60 percent of the voters with a minimum number of votes not less than forty percent of those from the last general election. However, if the combined proposition receives only a simple majority vote, the City Council may accept the annexation without the assumption of indebtedness.
15. If the annexation is approved, the Board of County Commissioners enters a finding of the results in its minutes, and transmits a certified copy of its minutes and a certified abstract of the vote to the City Clerk.
16. The City Clerk transmits the documents to the City Council for its adoption of an ordinance annexing the territory (and adopting the zoning code and assuming indebtedness, if applicable).
17. This City Ordinance and the recording fee are sent to the Boundary Review Board Office.
18. The Boundary Review Board Director will verify that the legal description is the same as approved or modified by the Boundary Review Board and will record one copy with the Spokane County Auditor and file two copies with the Spokane County Assessor and one with the Spokane County Board of Commissioners.
19. The Boundary Review Board then notifies the various county departments and affected agencies of the changed boundaries.
20. Within 30 days of the effective date of the annexation, the city must submit an annexation certificate and supporting documents to the state Office of Financial Management. To begin receiving sales tax at the beginning of next quarterly period (the first days of January, April, July, or October), city must notify the state Department of Revenue of the boundary change at least 75 days before the beginning of the quarterly period.
Initiation by City Council
1) The City Council adopts a resolution calling for an election to be submitted to the voters that states:
- Boundaries of the area to be annexed;
- Number of registered voters in the area; and
- That the city will pay for such election.
- a statement that it will require simultaneous adoption of a proposed zoning code; and
- a statement that it will submit to the voters a proposition for the assumption of all or any portion of city indebtedness by the area to be annexed.
4) A Notice of Intention including the resolution is then filed with the Boundary Review Board. An affected entity or voters/property owners by petition may within 45 days request review by the Boundary Review Board. If no request for review by the Boundary Review Board is filed within the 45-day period, the proposed annexation is deemed approved by the Board.
5) If a request for review is filed within the 45-day period, the Boundary Review Board must hold a hearing on the proposal and make a decision within 120 days of the filing of the request for review. The Board and the person(s) who filed the Notice of Intention may agree to an extension of the 120-day period. After the hearing, the Board may do any of the following: approve the proposal; modify the boundaries; or deny the proposal.
6) The Boundary Review Board then sends to the City either its written Hearing Decision or a Certification of the Expiration of the 45-Day Period.
7) If the proposal is approved or modified and approved by the Boundary Review Board, the City must within 30 days of receiving the Boundary Review Board decision, notify the County Auditor of its preference for a special election date that is 60 days or more after the notification.
8) The Board of County Commissioners must call the special election at the date requested by the City.
9) If the Boundary Review Board disapproves the annexation, no further action may be taken and no proposal for annexation of the same territory may be initiated for twelve months.
10) Notice of the election is to include:
- the boundaries as approved or modified by the Boundary Review Board,
- the objects of the election,
- the wording of the ballot, and
- other requirements of the general election laws (time, date, place, etc.)
12) If the majority of votes cast are in favor of the annexation (and zoning code, if applicable), the annexation is deemed approved. If the issue of bonded indebtedness is also included as a separate proposition, that proposition must be approved by 60 percent of the voters with a minimum number of votes not less than forty percent of those from the last general election. If the annexation is approved by a majority of the voters but the indebtedness proposition is not approved, the City Council may refuse to annex the property. If the indebtedness proposition is combined with annexation proposition, the combined measure must also be approved by 60 percent of the voters with a minimum number of votes not less than forty percent of those from the last general election. However, if the combined proposition receives only a simple majority vote, the City Council may accept the annexation without the assumption of indebtedness.
13) If the annexation is approved, the Board of County Commissioners enters a finding of the results in its minutes, and transmits a certified copy of its minutes and a certified abstract of the vote to the City Clerk.
14) The City Clerk transmits the documents to the City Council for its adoption of an ordinance annexing the territory (and adopting the zoning code and assuming indebtedness, if applicable).
15) This City Ordinance and the recording fee are sent to the Boundary Review Board Office.
16) The Boundary Review Board Director will verify that the legal description is the same as approved or modified by the Boundary Review Board and will record one copy with the Spokane County Auditor and file two copies with the Spokane County Assessor and one with the Spokane County Board of Commissioners.
17) The Boundary Review Board then notifies the various county departments and affected agencies of the changed boundaries.
18) Within 30 days of the effective date of the annexation, the city must submit an annexation certificate and supporting documents to the state Office of Financial Management. To begin receiving sales tax at the beginning of next quarterly period (the first days of January, April, July, or October), city must notify the state Department of Revenue of the boundary change at least 75 days before the beginning of the quarterly period.
Initiation by City Council
RCW 35.13.015 - .120 is the state law which describes the process for the election method of annexation for first, second, third, and fourth class municipalities. This process is outlined below, including the SEPA (RCW 43.21C) and Boundary Review Board (RCW 36.93) steps.
1) The City Council adopts a resolution calling for an election to be submitted to the voters which states:
- That the best interests and general welfare of the city would be served by the annexation;
- Boundaries of the area to be annexed;
- Number of registered voters in the area;
- That the city will pay for such election; and
- That the City Council calls for an election on the annexation.
2) The City Council may also include in its resolution:
- That it will require simultaneous adoption of a comprehensive plan;
- That it will submit a proposition requiring the assumption of all or any portion of city indebtedness by the area to be annexed.
4) A Notice of Intention including the Resolution is then filed with the Boundary Review Board. An affected entity or voters/property owners by petition may within 45 days request review by the Boundary Review Board. If no request for review by the Boundary Review Board is filed within the 45-day period, the proposed annexation is deemed approved by the Board.
5) If a request for review is filed within the 45-day period, the Boundary Review Board must hold a hearing on the proposal and make a decision within 120 days of the filing of the request for review. The Board and the person(s) who filed the Notice of Intention may agree to an extension of the 120-day period. After the hearing, the Board may do any of the following: approve the proposal; modify the boundaries and approve the proposal; or deny the proposal.
6) The Boundary Review Board then sends to the City either its written Hearing Decision or a Certification of the Expiration of the 45-Day Period.
7) If the proposal is approved or modified and approved by the Boundary Review Board, the City must within 30 days of receiving the Boundary Review Board decision, notify the County Auditor of its preference for a special election date that is 60 days or more after the notification.
8) The County Auditor must call the special election at the date requested by the City.
9) If the Boundary Review Board disapproves the annexation, no further action may be taken and no proposal for annexation of the same territory may be initiated for twelve months.
10) Notice of the election is to include:
- Boundaries as approved or modified by the Boundary Review Board;
- Objects of the election;
- Wording of the ballot; and
- Other requirements of the general election laws (time, date, place, etc.)
12) If the majority of votes cast are in favor of the annexation (and comprehensive plan, if applicable), the annexation is deemed approved. If the issue of assumption of indebtedness is also included, as a separate proposition, that proposition must be approved by 60 percent of the voters with a minimum number of votes not less than forty percent of those from the last general election. If the annexation is approved by a majority of the voters but the indebtedness proposition is not approved, the City Council may refuse to annex the property. If the indebtedness proposition is combined with annexation proposition, the combined measure must also be approved by 60 percent of the voters with a minimum number of votes not less than forty percent of those from the last general election. However, if the combined proposition receives only a simple majority vote, the City Council may accept the annexation without the assumption of indebtedness.
13) If the annexation is approved, the County Auditor transmits a certificate of the election results and a certified abstract of the vote to the Board of County Commissioners and to the City Clerk.
14) The City Council must then adopt an ordinance annexing the territory (and adopting the comprehensive plan and assuming indebtedness, if applicable.
15) This City Ordinance and the recording fee are sent to the Boundary Review Board Office.
16) The Boundary Review Board Director will verify that the legal description is the same as approved or modified by the Boundary Review Board and will record one copy with the Spokane County Auditor and file two copies with the Spokane County Assessor and one with the Spokane County Board of Commissioners.
17) The Boundary Review Board then notifies the various county departments and affected agencies of the changed boundaries.
18) Within 30 days of the effective date of the annexation, the city must submit an annexation certificate and supporting documents to the state Office of Financial Management. To begin receiving sales tax at the beginning of next quarterly period (the first days of January, April, July, or October), city must notify the state Department of Revenue of the boundary change at least 75 days before the beginning of the quarterly period.
Initiation by Voters
RCW 35.13.020 - .120 is the state law which describes the process for the election method of annexation for first, second, third, and fourth class municipalities. This process is outlined below including the SEPA (RCW 43.21C) and Boundary Review Board (RCW 36.93) steps.
1. A petition is submitted to the County Prosecuting Attorney who certifies it and forwards it to the City Council. The petition must include:
- A call to vote on the annexation;
- The boundaries of the area to be annexed;
- The number of registered voters in the annexation area;
- The signatures of registered voters living in the annexation area not less in number than twenty percent of the votes cast at the last general election in the area to be annexed; and
- Statements, if any, as to assumption of debt by owners of the property to be annexed, and/or as to the assumption of a comprehensive plan for the area to be annexed.
3. If the petition is sufficient, within 60 days the City Council shall by resolution accept or reject the petition and notify the petitioners of its acceptance or rejection of the annexation.
4. The City Council, in its approval, may also determine:
- Whether it will require simultaneous adoption of a comprehensive plan;
- Whether it will submit to the voters a proposition to assume of all or any portion of city indebtedness by the area to be annexed.
If a request for review is filed within the 45-day period, the Boundary Review Board must hold a hearing on the proposal and make a decision within 120 days of the filing of the request for review. The Board and the person(s) who filed the Notice of Intention may agree to an extension of the 120-day period. After the hearing, the Board may do any of the following Approve the proposal; modify the proposal; or deny the proposal.
6. The Boundary Review Board then sends to the City and Board of County Commissioners, either its written Hearing Decision or a Certification of the Expiration of the 45-Day Period.
7. If the proposal is approved or modified by the Boundary Review Board, the Board of County Commissioners at its next meeting must set a public hearing on the annexation petition to be held not less than two or more than four weeks from its meeting. The Board of County Commissioners must grant the petition if it meets legal requirements.
8. If approved or modified by the Boundary Review Board, the City must notify the County Auditor its preference for a special election date that is 60 days or more after the notification.
9. The County Auditor must call the special election at the date requested by the City.
10. If the Boundary Review Board disapproves the annexation, no further action shall be taken and no proposal for annexation of the same territory shall be initiated for twelve months.
11. Notice of the election is to include:
- Boundaries as approved or modified by the Boundary Review Board;
- Objects of the election;
- Wording of the ballot; and
- Other requirements of the general election laws (time, date, place, etc.)
13. If the majority of votes cast are in favor of the annexation (and comprehensive plan, if applicable), the annexation is deemed approved. If the issue of assumption of indebtedness is also included, as a separate proposition, that proposition must be approved by 60 percent of the voters with a minimum number of votes not less than forty percent of those from the last general election. If the annexation is approved by a majority of the voters but the indebtedness proposition is not approved, the City Council may refuse to annex the property. If the indebtedness proposition is combined with annexation proposition, the combined measure must also be approved by 60 percent of the voters with a minimum number of votes not less than forty percent of those from the last general election. However, if the combined proposition receives only a simple majority vote, the City Council may accept the annexation without the assumption of indebtedness.
14. If the annexation is approved, the County Auditor transmits a certificate of the election results and a certified abstract of the vote to the Board of County Commissioners and to the City Clerk.
15. The City Council must then adopt an ordinance annexing the territory (and adopting the comprehensive plan and assuming indebtedness, if applicable).
16. This City Ordinance and the recording fee are sent to the Boundary Review Board Office.
17. The Boundary Review Board Director will verify that the legal description is the same as approved or modified by the Boundary Review Board and will record one copy with the Spokane County Auditor and file two copies with the Spokane County Assessor and one with the Spokane County Board of Commissioners.
18. The Boundary Review Board then notifies the various county departments and affected agencies of the changed boundaries.
19. Within 30 days of the effective date of the annexation, the city must submit an annexation certificate and supporting documents to the state Office of Financial Management. To begin receiving sales tax at the beginning of next quarterly period (the first days of January, April, July, or October), city must notify the state Department of Revenue of the boundary change at least 75 days before the beginning of the quarterly period.
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RCW 35A.14.120 is the state law which describes the process for the petition method of annexation for code cities. This process is outlined below including the SEPA (RCW 43.21C) and Boundary Review Board (RCW 36.93) steps.
1) The owners of not less than ten percent of the assessed value of the land area shall notify the City Council in writing of their intention to commence annexation proceedings.
2) The City Council shall set a date not later than sixty days after the request is filed to meet with the initiating parties to determine:
- whether the code city will accept, reject, or geographically modify the proposed annexation;
- whether it shall require simultaneous adoption of a proposed zoning code; and
- whether it shall require the assumption of all or any portion of city indebtedness by the area to be annexed.
3) A petition is then circulated containing:
- the legal description and map of the area to be annexed;
- whether the city will require simultaneous adoption of a proposed zoning code; and
- whether it will require the assumption of all or any portion of city indebtedness by the area to be annexed.
4) The petition must be signed by owners of sixty percent of the assessed value of the proposed annexation area and submitted to the County Assessor for certification. The Assessor will issue a Certificate of Sufficiency.
5) The City Council then fixes a date for a public hearing, publishes a hearing notice in a newspaper, and posts three notices in the proposed annexation area.
6) The City prepares an environmental checklist on proposed comprehensive plan amendments and zoning and issues a Threshold Determination. Copies are sent to the Department of Ecology and affected agencies.
7) After receiving comments on the environmental checklist, the City Council holds the public hearing and signs an "Intent to Annex" resolution determining that they will accept the area for annexation.
8) A Notice of Intention is then filed with the Boundary Review Board. An affected entity has 45 days to request a public hearing before the Boundary Review Board. If there is a hearing, the Boundary Review Board may approve, modify, divide assets and functions, or deny the proposal. If there is no hearing before the Boundary Review Board, the Notice of Intention is approved after the 45-day period elapses.
9) The Boundary Review Board then sends to the City, either its written Hearing Decision or a Certification of the Expiration of the 45-Day Period.
10) The City then adopts an ordinance officially annexing the area (including any modifications that the Boundary Review Board has made).
11) This City Ordinance and the recording fee are sent to the Boundary Review Board Office.
12) The Boundary Review Board Planner will verify that the legal description is the same as approved by the Boundary Review Board and will record one copy with the Spokane County Auditor and file two copies with the Spokane County Assessor and one with the Spokane County Board of Commissioners.
13) The Boundary Review Board then notifies the various county departments and affected agencies of the changed boundaries.
RCW 35.13 is the state law that describes the process for the direct petition method of annexation for first, second, third, and fourth class municipalities. This process is outlined below including the SEPA (RCW 43.21C) and Boundary Review Board (RCW 36.93) steps.
1) The owners of not less than ten percent of the assessed value of the area or not less than ten percent of the residents of the area shall notify the City Council in writing of their intention to commence annexation proceedings.
2) The City or Town Council shall set a date not later than sixty days after the request is filed to meet with the initiating parties to determine:
- whether the code city will accept, reject, or geographically modify the proposed annexation;
- whether it shall require simultaneous adoption of the adopted comprehensive plan; and
- whether it shall require the assumption of all or any portion of city or town indebtedness by the area to be annexed.
3) If the City or Town Council requires adoption of the comprehensive plan or assumption of indebtedness, it shall record this in its minutes and clearly stated on the petition drawn for annexation.
4) A petition is then circulated containing:
- the legal description and map of the area to be annexed;
- whether the city will require simultaneous adoption of a proposed comprehensive plan; and
- whether it will require the assumption of all or any portion of city indebtedness by the area to be annexed.
5) The petition must be signed by owners of seventy-five percent of the assessed value of the proposed annexation area.
6) Within three working days, petition must be filed with the County Assessor who will issue a written certificate determining the sufficiency of the petition.
The City or Town Council then fixes a date for a public hearing, publishes a hearing notice in a newspaper, and posts three notices in the proposed annexation area.
7) If required, the City or Town Council prepares an environmental checklist on proposed comprehensive plan amendments and issues a Threshold Determination. Copies are sent to the Department of Ecology and affected agencies.
8) The City or Town Council holds the public hearing and signs an "Intent to Annex" resolution determining that they will accept the area for annexation.
9) A Notice of Intention is then filed with the Boundary Review Board. An affected entity has 45 days to request a public hearing before the Boundary Review Board. If there is a hearing, the Boundary Review Board may approve, modify, divide assets and functions, or deny the proposal. If there is no hearing before the Boundary Review Board, the Notice of Intention is approved after the 45-day period elapses.
10) The Boundary Review Board then sends to the City or Town, either its written Hearing Decision or a Certification of the Expiration of the 45-Day Period.
11) The City or Town then adopts an ordinance officially annexing the area (including any modifications that the Boundary Review Board has made).
12) This City Ordinance and the recording fee are sent to the Boundary Review Board Office.
13) The Boundary Review Board Planner will verify that the legal description is the same as approved by the Boundary Review Board and will record one copy with the Spokane County Auditor and file two copies with the Spokane County Assessor and one with the Spokane County Board of Commissioners.
14) The Boundary Review Board then notifies the County departments and affected agencies of the changed boundaries.