HomeMy WebLinkAboutHow To Annex to A City 1
WASHINGTON STATE BOUNDARY REVIEW BOARD
FOR KING COUNTY
HOW TO ANNEX TO A CITY
2013
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HOW TO ANNEX TO A CITY
§ Step 1 - Getting Started: A group of citizens organizes, recruits supporters &
begins to survey the community on general community interest in annexation.
(Time Period: Open)
§ Step 2 - Defining the Task: The citizens’ Committee contacts the City whose
Comprehensive Plan includes this potential annexation area.
(Time Period: Open)
§ Step 3 – Gathering Data: Committee – with County & City - puts together basic
information needed: demographics, community interest, service delivery levels &
preferences, estimated revenues & operating expenses, etc.
(Time Period: 3-6 months)
§ Step 4 – Selecting Preliminary Boundaries: Committee & City set preliminary
annexation boundaries
(Time Period: 3 months)
§ Step 5 – Notifying the Community: City & Committee set a Public Information
Meeting. City provides public notice. Topics: governance systems, land use
planning, service benefits/costs. Citizens comment.
(Time Period: Open)
§ Step 6 – Refining Preliminary Boundaries & Selecting Annexation Method:
Following public meeting, Committee selects annexation boundaries. City will assist.
Options: Election (initiated by 10% petition) or Petition (10% & 60% petition based on
land value or acreage) or Petition by 50%/50% of owners and residents. See RCW
35.13 and/or RCW 35A.14
(Time Period: Open)
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MORE ABOUT THE OPTIONS (Also see attached “Annexation Process”)
§ Step 6.a Election Method (initiated by 10% Petition) Requires initial petition by
residents equal to 10% of votes cast at last state general election in area. Petitions
call for a future election. (RCW 35.13). King County Assessor’s Office validates
petitions to City. City Council approval required for further action. Approved proposal
filed with Boundary Review Board (BRB).
(Time Period: Signatures collected within 180 days; city transfer to auditor within 3
days. Once signatures verified, Council has 60 days to pass a supporting resolution)
OR
§ Step 6.b.1 - 60% Petition Method (Part 1): Most frequently used method.
Community initiates preliminary petition. Preliminary petition (with signatures of
owners representing not less than 10% of the value of properties) must be provided to
City. Community initiators notify City of intention to commence annexation. (RCW
35A.14)
City Council accepts, rejects or modifies annexation. May require area to adopt
Comprehensive Plan & assume portion of indebtedness. Council must permit
petition. No appeal from Council decision.
(Time Period: Council meets within 60 days of notification)
§ Step 6.b.2 - 60% Petition Method (Part 2): If Council approves annexation, Community initiates
petition. Petition (with signatures of owners representing not less than 60% of the value of
properties or acreage) must be provided to City. Assessor validates & notifies. With validated
petition, City Council holds public hearing. Council approval required to annex. (RCW 35A.14)
(Time Period: Signatures valid for 180 days. Assessor must process with “reasonable
promptness.” Council hearing as soon as possible)
OR
§ Step 6.c.1 - 50% Petition Method (Part 1): Community initiates preliminary petition. Preliminary
petition (with signatures of owners representing not less than 10% of the value of properties)
must be provided to City. Community initiators notify City of intention to commence annexation.
City Council accepts, rejects or modifies annexation. May require area to adopt Comprehensive
Plan & assume portion of indebtedness. Council must permit petition. No appeal from Council
decision. (RCW 35A.14)
(Time Period: Council meets within 60 days of notification)
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§ Step 6.c.2 - 50%/50% Petition Method (Part 2): If Council approves annexation, Community
initiates petition. Petition (with signatures of not less than 50% of the property owners and not
less than 50% of registered representing a majority of the acreage) must be provided to City.
Assessor validates & notifies. With validated petition, City Council holds public hearing. Council
approval required to annex. (RCW 35A.14)
(Time Period: Signatures valid for 180 days. Assessor must process with “reasonable
promptness.” Council hearing as soon as possible
OR
§ Step 6.d.1 – Interlocal Agreement Method (Option 1): King County and City create an
Interlocal Agreement to annex specific properties. Community is notified of commencement of
annexation. City Council and County Council accept, reject, or modify Interlocal Agreement. .
No appeal from Council decision. (RCW 35A.14.) OR
§ Step 6.d.2 – Interlocal Agreement Method (Option 2): King County, City, and Fire District create
an Interlocal Agreement to annex specific properties. Community is notified of commencement
of annexation. City Council, County Council, and Fire District accept, reject or modify Interlocal
Agreement. . No appeal from Council/District decision. (RCW 35A.14.)
§ (Time Period: Council meets upon completion of Interlocal Agreement)
OR
§ Step 6.e Island Area Annexations This method is available when an area is 80%+
surrounded by incorporated jurisdictions. City Council approves Resolution or Petition.
City submits Notice of Intention to Annex (NOI) to BRB including rationale for
annexation, legal documents, maps, service data, compliance with state/regional law.
(Time Period: Signatures collected within 180 days; city transfer to auditor within 3 days.
Once signatures verified, Council has 60 days to pass a supporting resolution
§ Step 6.f Annexations by Eminent Domain – Notice to BRB:
A City that owns a property that is to be used for public purposes may proceed
administratively to annex that property. City Council must notify public and adopt an
Ordinance defining the Annexation Area. City must notify County and State of change of
boundaries.
(Time Period: Open)
THEN
§ Step 7 – Notice to BRB: City submits Notice of Intention to Annex (NOI) to BRB
including rationale for annexation, legal documents, maps, service data, compliance
with state/regional law.
(Time Period: Immediately after Council action)
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THEN
§ Step 8a/8b – BRB Review: BRB coordinates NOI review by County agencies, other affected
agencies, and public. Reviews NOI at a Board meeting. Holds a public hearing if jurisdiction is
invoked. Takes action to approve, deny or modify the application.
(Note: For Interlocal Agreement Annexations jurisdiction may not be invoked. Limited
opportunities for citizen referenda.)
(Time Period: 120 day maximum, with possible extensions for public hearing )
§ Step 9 –Appeals Process: BRB decision can be appealed. Issues dictate where appeal is to
BRB, to Superior Court or to Growth Management Hearings Board.
(Time Period: 10 days to appeal to BRB; typically 30 days to Superior Court or GMHB)
THEN
§ Step 10 –Annexation Approval Process – With BRB Approval: City finalizes. Steps based on
whether annexation is by petition or election method:
Election: City organizes, provides materials, pays – may/may not include assumption of
indebtedness. Majority of voters must favor annexation; generally 60% must favor assuming debt.
(Time: At least 60 days following BRB decision)
Direct Petition: City adopts annexation ordinance & setting terms for adoption of Comprehensive
Plan & assumption of debt. Area joins city.
(Time Period: Open – usually 30-60 days)
OR
§ Step 10 –Annexation Approval Process –With BRB Changes: If the BRB modifies
annexation, next actions are based on change – for example if BRB reduces area, & change
is acceptable to community, the modified annexation can be submitted to City Council to
adopt per previous election or direct petition method.
If BRB makes other changes to area, a new petition and/or election may be required.
(Time Period: Based on modifications)
OR
§ Step 10 –Annexation Approval Process –With BRB Denial: If BRB denies annexation, then
proposed annexation cannot be resubmitted for 12 months. A new proposal including some properties
within the original area (e.g., smaller area, different area) can be submitted sooner.
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THEN
§ Step 11 – Becoming a Part of the City: When annexation is completed (e.g., ordinances/resolutions adopted,
elections verified), & filed with State, area joins City. The City will conduct a census of the annexed area. The
information will become the basis for establishing representation, service levels, revenues and costs.
(Time Period: Open – generally occurs within 3 months.)
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ANNEXATION PROCESS
There are five major methods to complete annexations can occur, described briefly below:
1) Election Method Annexation: The legislative body of a city or town adopts a resolution
calling for the annexation of certain territory by election, and files the resolution with the
County Council. The County Council then adopts an ordinance setting the date for an
election on the question of annexation. Annexation is finalized by a vote of the qualified
voters in the annexation area.
2) Direct Petition Method Annexation: An annexation is initiated by ten percent of the
residents of the annexation area (or by the owners of properties representing ten percent of
the assessed valuation of the area). The initiators notify the legislative body of the city or
town in writing of their intention to commence annexation proceedings. The legislative body
accepts, rejects, or geographically modifies the proposed annexation. The petition must then
be signed by the owners of properties representing between sixty and seventy-five percent of
the assessed valuation of the area (based upon a jurisdiction’s designation as a code or
charter city). The legislative body of the city or town then holds a public hearing on the
question of annexation. Annexation is finalized by the adoption of an ordinance by the
legislative body.
(Note: Currently, the vast majority of annexations in King County and across the state are
conducted using this method.)
3) Annexation for Municipal Purposes: City and town councils, by a majority vote, annex
unincorporated territory (whether contiguous or noncontiguous) for park, cemetery, or other
municipal purposes when such territory is owned by the city or town or when all of the owners
of the real property in the territory give their written consent to the annexation. (Note: These
annexations are not required to be reviewed by the Boundary Review Board.)
4) Annexation of Unincorporated Islands: A local jurisdiction resolves to annex
unincorporated islands containing less than one hundred acres and having at least sixty
percent of its boundaries contiguous to the city or town; or of any size and having at least
sixty percent of the boundaries of the area contiguous to the city if the area existed before
June 30, 1994. A public hearing must be held. The annexation is subject to referendum for
45 days after the resolution is adopted, which is initiated by a petition signed by 10% of the
area residents.
5) Interlocal Agreement Method (two Options)
Option 1: An Interlocal Agreement to annex specific territory is adopted by King County, a
City, and a Fire District. The proposal must be submitted to the Boundary Review Board for
administrative review (and public information) but there is no opportunity for a full public
hearing for this proposed action. There is opportunity for a public referendum.
Option 2: An Interlocal Agreement to annex specific territory is adopted by King County, a
City, and a Fire District. The proposal must be submitted to the Boundary Review Board for
administrative review (and public information) but there is no opportunity for a full public
hearing for this proposed action. There is, similarly, no opportunity for the public to vote or
take other action with respect to this annexation.
(*) NOTE: The State Growth Management Act requires each city within King County to develop a Comprehensive
Plan to guide growth and development for a 20 year period. Each Comprehensive Plan must include lands within
current city boundaries and lands proposed for annexation – known as Potential Annexation Areas or PAAs. Once a
Comprehensive Plan is adopted by the city and accepted by the State, the unincorporated areas within a City’s PAA
are expected to annex to that City. Changes to a PAA boundary must be adopted by the City that currently includes
the area in its Plan and by the City that is seeking to add an area to its PAA. The State must also approve changes in
the PAA boundaries.)
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WASHINGTON STATE BOUNDARY REVIEW BOARD
FOR KING COUNTY
HOW TO ANNEX TO A CITY
§ Step 1 - Getting Started: A group of citizens organizes, recruits supporters and begins to survey the
community to determine whether there is general community interest in annexation.
(Time Period: Open)
§ Step 2 - Defining the Task: The Citizens’ Committee approaches the City which has included the
community in its Comprehensive Plan Potential Annexation Area.
(Time Period: Open)
(NOTE: The State Growth Management Act requires each city within King County to develop a
Comprehensive Plan to guide growth and development for a 20 year period. Each Comprehensive
Plan must include lands within current city boundaries and lands proposed for annexation – known
as Potential Annexation Areas or PAAs. Once a Comprehensive Plan is adopted by the city and
accepted by the State, the unincorporated areas within a City’s PAA are expected to annex to that
City. Changes to a PAA boundary must be adopted by the City that currently includes the area in its
Plan and by the City that is seeking to add an area to its PAA. The State must also approve changes
in the PAA boundaries.)
§ Step 3 – Gathering Data: The Committee seeking annexation will need to develop basic information
needed to establish the annexation area boundaries and the annexation timeline. King County and/or
the annexing City may assist in providing the data. Necessary information includes demographics,
community interest in annexation, service delivery levels and preferences, estimated revenues and
operating expenses, etc.
(Time Period: Estimated 3-6 months)
§ Step 4 – Selecting the Preliminary Boundaries: If the investigation indicates that there is a
substantial interest in annexation and that annexation is feasible, then the Committee and the City set
the preliminary boundaries for the annexation area.
(Time Period: Estimated 3 months)
§ Step 5 – Notifying the Community:
The City and the Committee set up a Public Information Meeting. The City provides public notice of
this meeting.
At the Public Information Meeting, the Committee reports on the proposed annexation. The City and
service providers (e.g., fire district, police, schools) may be invited to respond to questions related to
the annexation – such as governance systems, land use planning, benefits/costs of providing service.
Citizens are invited to comment on the proposed annexation. For example, citizens may comment in
support of or opposition to boundaries; new boundaries may be suggested. There may be questions
about political representation, local and contract services (utilities, emergency response), growth
management, zoning, development and building standards.
(Time Period: Open)
§ Step 6 – Refining the Preliminary Boundaries and Selecting the Preferred Annexation Method:
Following the public meeting, if the Committee wishes to go forward with the annexation efforts, then
the Committee selects the annexation area boundaries. The City will assist in the process of
establishing boundaries.
RCW 35.13 – Annexation of Unincorporated Territories -- provides several types of petition and/or
election methods which may be used for annexation to code cities – in King County all cities, except
for Seattle, are code cities. The Committee and the City will likely also work together to select the
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preferred annexation method. The most commonly used methods are:
§ Election Method (initiated by 10% Petition)
This method requires an initial petition signed by residents equal to ten percent of the votes cast at
the last state general election in the area. The petitions call for a future election to allow community
members to decide if annexation should occur.
The King County Office of Records and Elections will assist in setting requirements for the
annexation petition (e.g. number of signators, deadlines, etc) as set by State law (RCW 35.13).
The Committee must file the petition with the appropriate city and the city will then submit the
petitions to the King County Assessor’s Office. The Assessor’s Office validates the petitions and
notifies the City of the outcome.
The City Council must pass a resolution notifying petitioners of action on the petition. Council
approval is a condition required for further proceedings on the petition. A public hearing is
optional.
Once this petition has been filed, then no other petition can be generated involving any portion of
the annexation area.
(Time Period –per State law signatures must be collected within 180 days, and the city must
transfer to the auditor within 3 days. Once signatures are verified the Council has 60 days to
pass the resolution)
The proposal to annex is then filed with the Boundary Review Board. (Discussion of Boundary
Review Board requirements and processes is provided in Sections 7-9 below. Discussion of
elections is provided in Section 10 below).
§ Sixty Percent Petition Method
This method is the most frequently used method for annexation. Prior to circulating a 60% petition
for annexation, the community initiators (owners of not less than 10% of the land area or not less
than 10% of the land value) must notify the City Council of their intention to commence annexation.
In this situation, the initiators notify the legislative body of the annexing City, and the City sets a
meeting with the initiating parties to determine whether the City will accept, reject or modify the
proposed annexation. This meeting also addresses adoption of the city’s existing comprehensive
plan and assumption of fair share of indebtedness –the City may require these actions and, if so,
these actions will become an integral part of the annexation.
Council acceptance is required before petition can be circulated. There is no appeal from the
Council decision.
(Time Period: The Council meeting must occur no later than 60 days after the initiators file
notice with the City.)
Following City agreement, the direct petition is initiated. The King County Office of Records and
Elections will assist in setting requirements for the annexation petition (e.g. number of signators,
deadlines, etc). The Committee must administer petitions as set by State law (RCW 35.13).
With this direct petition method, the petition (with signatures of owners representing not less than
60% of the value of the potential annexation properties) must be provided to the legislative body of
the City.
The petition is filed with the City Council. It is then transmitted to the Assessors Office which
validates the petitions and notifies the annexing city.
(Time Period – There is no stipulated time period for collecting signatures and submitting them
to the Council, but signatures are valid only for 180 days. Upon filing the petition, the City has
3 days to transfer the petition to the Assessor and the assessor must process the petition with
“reasonable promptness.”)
§ Fifty Percent Petition Method
Prior to circulating a 50% petition for annexation, the community initiators (owners of not less than
10% of the land area or not less than 10% of the land value) must notify the City Council of their
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intention to commence annexation. In this method not less than 50% of land owners and 50% of
registered voters representing a majority of the acreage must sign the petition.
In this situation, the initiators notify the legislative body of the annexing City, and the City sets a
meeting with the initiating parties to determine whether the City will accept, reject or modify the
proposed annexation. This meeting also addresses adoption of the city’s existing comprehensive
plan and assumption of fair share of indebtedness –the City may require these actions and, if so,
these actions will become an integral part of the annexation.
Council acceptance is required before petition can be circulated. There is no appeal from the Council
decision.
(Time Period: The Council meeting must occur no later than 60 days after the initiators file notice with the City.)
***
Following City agreement, the direct petition is initiated. The King County Office of Records and
Elections will assist in setting requirements for the annexation petition (e.g. number of signators,
deadlines, etc). The Committee must administer petitions as set by State law (RCW 35.13).
With this direct petition method, the petition with the required number of signatures must be provided
to the legislative body of the City. The petition is filed with the City Council. It is then transmitted to
the Assessors Office which validates the petitions and notifies the annexing city.
(Time Period – There is no stipulated time period for collecting signatures and submitting them to Council,
but signatures are only valid for 180 days. Once the petition is filed, the City has 3 days to transfer to the
Assessor and the assessor must process the petition with “reasonable promptness.”)
Once the City is notified that there is a legally sufficient petition, the City Council may consider the
annexation. A public hearing is required. The City is responsible for providing notice. If the City
decides to approve the annexation, it must pass a motion or a resolution to annex.
The proposal to annex is then filed with the Boundary Review Board. Discussion of Boundary Review
Board requirements and processes is provided in Sections 7-9 below. Finalization of the annexation
is discussed in Section 10 below.
***
(Note: There are also limited opportunities for Annexations of City-Owned Land designated for a
Public Purpose. The annexing jurisdiction does not need to come before the Boundary Review
Board. However, notification must be provided to the Boundary Review Board, the County, and the
State.)
§ Step 7 - Notice to the Boundary Review Board:
The annexing City must submit to the Boundary Review Board a Notice of Intention to Annex. The
NOI should include:
§ Basic information describing the reasons for annexation
§ City Council approval of annexation
§ Validation of petitions by King County Assessor and copies of petitions,
§ Legal descriptions and maps
§ Demographic information
§ Land Use Information
§ Service Information & Analysis (e.g., water, sewer, stormwater, roads, police, fire, schools, parks, libraries)
§ Narrative describing how the annexation is consistent with:
§ Boundary Review Board criteria (RCW 36.93.180)
§ King County Countywide Plan
§ Growth Management Act
§ Government Planning information (City Manager-Council, etc.)
(Time Period: Immediately upon completing City Council action)
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§ Step 8a - The Boundary Review Board Evaluation: The Boundary Review Board:
§ Ensures that the application is complete
§ Circulates the NOI (and staff analysis of that document) to appropriate King County offices – e.g.,
Regional Policy Planning, Engineering – for an initial 30 day review and comment period.
§ Circulates the NOI to other affected governments and agencies – such as surrounding
municipalities, water and sewer providers – for a 45 day comment period.
§ Reviews the NOI at a Board meeting within 30 days of receipt to determine compliance with:
§ Boundary Review Board criteria (RCW 36.93.180)
§ King County Countywide Plan
§ Growth Management Act.
§ Takes action to approve, deny or modify the application.
The BRB action may be administrative or a public hearing may be conducted. Administrative action
is likely where an annexation is small and/or straightforward and/or non-controversial.
Jurisdiction can be invoked – a hearing requested -- by the applicant, affected jurisdictions and/or
King County Council). A hearing would also be required if a citizen affected by the annexation could
obtain signatures of 5% of the registered voters within the annexation area (or a similar percentage of
affected registered within ¼ mile of the annexation) calling for such public review. A BRB public
hearing is most likely to occur where there are complex legal issues, land use issues or community
controversy.
(Time Period - The State establishes a 45-day review period for an NOI in cases where there is no invoking of
jurisdiction. That review period begins on the date that the NOI is approved as being complete.
If jurisdiction is invoked for a complete NOI requesting a pubic hearing before the Boundary Review Board, then
the Board is permitted a 120-day review period beginning on the date that jurisdiction is invoked. If the public
hearing and decision-making is estimated to require more than the allotted 120 days, then the proponent is
asked to waive the 120-day review requirement.)
§ Step 8b – The Boundary Review Board Public Hearing Process:
If jurisdiction is invoked, the Boundary Review Board:
§ Schedules a public hearing
§ Publishes and posts notices for a public hearing
§ Conducts a public hearing
At the public hearing, the Board takes testimony from all interested parties – the proponent,
government agencies, professional/technical consultants, service providers, and citizens who will be
affected by the annexation.
The Board assesses whether the and how annexation does or does not meet the BRB, GMA and
KCC criteria. At the conclusion of the hearing, the Board makes a decision on the annexation.
Based upon compliance with these criteria, the Boundary Review Board will decide to approve,
modify or deny the annexation.
(Time Period – 30 days minimum from notice to hearing, as notification must occur at least 30 days in
advance of the hearing; Board recommendation or action occurs within 40 days following the public
hearing.)
§ Step 9 – The Appeals Process: The Board’s decision may be appealed within 30 days following the
action by the Board. The substantial majority of disputes must be appealed to the King County
Superior Court. Disputes over the Board’s interpretation of the Growth Management Act would need
to be resolved by the Growth Management Hearings Board.
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§ Step 10 – The Annexation Approval Process – Community and City Responsibilities:
§ Board Decision to Approve: If the Board approves the annexation, and there is no successful
appeal, then the City may take steps toward finalizing the annexation. The approval process and
the effective date of annexation is based on whether the annexation has been accomplished by
the direct petition method or is to be done by the election method. Specifically:
§ Election Method – Upon approval of the Boundary Review Board, the City Council must
establish election dates, election materials and notices, etc. The city pays for the election.
Elections are held according to state law. A majority of voters must favor annexation.
If assumption of indebtedness is proposed, the notice and proposition may be on the same
ballot or be separate. Generally, a 60% majority of voters (totaling at least 40% of the total
votes cast in the last preceding general election) must favor assuming indebtedness.
Election requirements may vary slightly depending on circumstances and/or ballot language.
(Time Period: Election must be conducted at least 60 days following selection of the preferred
election date within the range of election dates permitted by RCW. Notice of the election must
precede the election date by at least 2 weeks.)
§ Direct Petition: Upon approval by the Boundary Review Board, the City Council adopts an
ordinance formally supporting annexation and setting terms for adoption of the
Comprehensive Plan and assumption of fair share of indebtedness, the annexation area
becomes a part of the city.
(Time Period: Open – generally within 30-60 days)
§ Board Decision to Modify: If the Board modifies the annexation, the actions that follow are
based on the modification. That is: if the Board adds to or reduces the area, and this change is
acceptable to the jurisdiction proposing the annexation, the jurisdiction may proceed to
undertake the modified annexation. The City may also choose not to proceed with the
annexation. The City may not alter the annexation area adopted by the Boundary Review Board.
§ Board Decision to Deny: If the Board denies the annexation, then the proposed action cannot
be resubmitted for a minimum of 12 months. However, a new annexation proposal that includes
some of the areas within the originally proposed areas (e.g., smaller area, adjusted boundaries,
larger area) can be submitted within one year.
§ Step 11 – Becoming a Part of the City: Once the annexation is completed (e.g.,
ordinances/resolutions adopted, elections verified), and filed with the State, the area becomes a part
of the City. The City will conduct a census of the annexed area. The information will establish
representation, service levels, revenues and costs.
(Time Period: Open – generally occurs within 3 months.)