Chapter 35.16 RCW

REDUCTION OF CITY LIMITS

Sections

35.16.001Actions subject to review by boundary review board.
35.16.010Petition, resolution for election.
35.16.030Canvassing the returnsAbstract of vote.
35.16.040Ordinance to reduce boundaries.
35.16.050Recording of ordinance and plat on effective date of reduction.
35.16.060Effect of exclusion as to liability for indebtedness.
35.16.070Previously granted franchises in excluded territory.


Actions subject to review by boundary review board.

Actions taken under chapter 35.16 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.



Petition, resolution for election.

Upon the filing of a petition which is sufficient as determined by RCW 35A.01.040 requesting the exclusion from the boundaries of a city or town of an area described by metes and bounds or by reference to a recorded plat or government survey, signed by qualified voters of the city or town equal in number to not less than ten percent of the number of voters voting at the last general municipal election, the city or town legislative body shall submit the question to the voters. As an alternate method, the legislative body of the city or town may by resolution submit a proposal to the voters for excluding such a described area from the boundaries of the city or town. The question shall be submitted at the next general municipal election if one is to be held within one hundred eighty days or at a special election called for that purpose not less than ninety days nor more than one hundred eighty days after the certification of sufficiency of the petition or the passage of the resolution. The petition or resolution shall set out and describe the territory to be excluded from the city or town, together with the boundaries of the city or town as it will exist after such change is made.
[ 1994 c 273 § 1; 1965 c 7 § 35.16.010. Prior: (i) 1895 c 93 § 1, part; RRS § 8902, part. (ii) 1895 c 93 § 4, part; RRS § 8905, part.]

NOTES:

Times for holding elections: RCW 29A.04.311 through 29A.04.330.



Canvassing the returnsAbstract of vote.

The election returns shall be canvassed as provided in RCW 29A.60.010. If three-fifths of the votes cast on the proposition favor the reduction of the corporate limits, the legislative body of the city or town, by an order entered on its minutes, shall direct the clerk to make and transmit to the office of the secretary of state a certified abstract of the vote. The abstract shall show the total number of voters voting, the number of votes cast for reduction and the number of votes cast against reduction.
[ 2015 c 53 § 27; 1994 c 273 § 3; 1965 c 7 § 35.16.030. Prior: 1895 c 93 § 1, part; RRS § 8902, part.]

NOTES:

Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of electionCanvass: RCW 29A.60.010.



Ordinance to reduce boundaries.

Promptly after the filing of the abstract of votes with the office of the secretary of state, the legislative body of the city or town shall adopt an ordinance defining and fixing the corporate limits after excluding the area as determined by the election. The ordinance shall also describe the excluded territory by metes and bounds or by reference to a recorded plat or government survey and declare it no longer a part of the city or town.



Recording of ordinance and plat on effective date of reduction.

A certified copy of the ordinance defining the reduced city or town limits together with a map showing the corporate limits as altered shall be filed in accordance with RCW 29A.76.020 and recorded in the office of the county auditor of the county in which the city or town is situated, upon the effective date of the ordinance. The new boundaries of the city or town shall take effect immediately after they are filed and recorded with the county auditor.



Effect of exclusion as to liability for indebtedness.

The exclusion of an area from the boundaries of a city or town shall not exempt any real property therein from taxation for the purpose of paying any indebtedness of the city or town existing at the time of its exclusion, and the interest thereon.
[ 1965 c 7 § 35.16.060. Prior: 1895 c 93 § 4, part; RRS § 8905, part.]



Previously granted franchises in excluded territory.

In regard to franchises previously granted for operation of any public service business or facility within the territory excluded from a city or town by proceedings under this chapter, the rights, obligations, and duties of the legislative body of the county or other political subdivision having jurisdiction over such territory and of the franchise holder shall be as provided in RCW 35.02.160, relating to inclusion of territory by an incorporation.