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Chapter 35A.15 RCW

DISINCORPORATION

Sections

HTMLPDF 35A.15.001Actions subject to review by boundary review board.
HTMLPDF 35A.15.010Authority for disincorporation—Petition—Resolution.
HTMLPDF 35A.15.020Election on disincorporation—Receiver.
HTMLPDF 35A.15.040Ballots—Election results.
HTMLPDF 35A.15.050Effect of disincorporation—Powers—Offices.
HTMLPDF 35A.15.060Receiver—Qualification—Bond—When receiver may be appointed.
HTMLPDF 35A.15.070Duties and authority of receiver—Claims—Priority.
HTMLPDF 35A.15.080Compensation of receiver.
HTMLPDF 35A.15.090Receiver—Removal for cause—Successive appointments.
HTMLPDF 35A.15.100Receiver—Final account and discharge.
HTMLPDF 35A.15.105Applicability of general receivership law.
HTMLPDF 35A.15.110Involuntary dissolution.

Actions subject to review by boundary review board.

Actions taken under chapter 35A.15 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.


Authority for disincorporation—Petition—Resolution.

Any noncharter code city may be disincorporated. Proceedings may be initiated by the filing with the county auditor of a petition for disincorporation signed by a majority of the registered voters resident in such city, or the legislative body of the city may provide by resolution for an election on the proposition of disincorporation.

NOTES:

Sufficiency of petition in code city: RCW 35A.01.040.


Election on disincorporation—Receiver.

The legislative body shall cause the proposition of disincorporation to be submitted to the voters at the next general municipal election if one is to be held within one hundred and eighty days, or at a special election called for that purpose not less than ninety days, nor more than one hundred and eighty days, after the certification of sufficiency of the petition, or the passage of the resolution, as the case may be. If the code city has any indebtedness or outstanding liabilities, the legislative body shall provide for election of a receiver at the same election.


Ballots—Election results.

Ballot titles shall be prepared by the city as provided in RCW 35A.29.120 and shall contain the words "For Dissolution" and "Against Dissolution", and shall contain on separate lines, alphabetically, the names of candidates for receiver. If a majority of the votes cast on the proposition are for dissolution, the municipal corporation shall be dissolved upon certification of the election results to the office of the secretary of state.


Effect of disincorporation—Powers—Offices.

The effect of disincorporation of a noncharter code city shall be as provided in RCW 35.07.090, 35.07.100, and 35.07.110.


Receiver—Qualification—Bond—When receiver may be appointed.

The receiver shall qualify and post a bond as provided in RCW 35.07.120. If an elected receiver fails to qualify within the time prescribed, or if no receiver has been elected and the code city does have indebtedness or an outstanding liability, a receiver shall be appointed in the manner provided in RCW 35.07.130 or as provided in RCW 35.07.140.


Duties and authority of receiver—Claims—Priority.

The duties and authority of the receiver and the disposition and priority of claims against the former municipality shall be as provided in RCW 35.07.150, and the receiver shall have the rights, powers, and limitations provided for such a receiver in RCW 35.07.160, 35.07.170, and 35.07.180.


Compensation of receiver.

The compensation of the receiver shall be as provided in RCW 35.07.190.


Receiver—Removal for cause—Successive appointments.

The receiver may be removed for cause as provided in RCW 35.07.200 and a successor to the receiver may be appointed as provided in RCW 35.07.210.


Receiver—Final account and discharge.

The receiver shall file a final account, pay remaining funds to the county treasurer, and be discharged, all as provided in RCW 35.07.220.


Applicability of general receivership law.

The provisions of Title 7 RCW generally applicable to receivers and receiverships do not apply to receivers elected or appointed under this chapter.

NOTES:

Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005.


Involuntary dissolution.

A noncharter code city may be involuntarily dissolved in the manner provided in RCW 35.07.230, 35.07.240, 35.07.250, and 35.07.260 upon the existence of the conditions stated in RCW 35.07.230.