Annexation not "Imminent" as city and county would have you believe

This was received from Bob Cowan this morning, August 24, 2007, 6:48am

Dear Mr. Galland,


King County Executive Ron Sims has asked me to respond to your e-mail of August 21, 2007. Your question was whether there is a provision in state law that allows the county to unilaterally mandate annexation of an urban area into a city. The brief answer to your question is "No".

Under state law there are five general methods of annexation as noted below. None of the existing methods allow the county to unilaterally mandate an urban unincorporated area into a city. The methods are briefly described below.

1) Election Method Annexation: Residents can file a petition (in prescribed format, signed by not less than 10 percent of the number of voters in the area to be annexed who voted in the last general election) with the city asking for an annexation election. The city need not agree to hold the election. Alternately, the legislative body of a city or town may adopt a resolution calling for the annexation of certain territory by election. In both cases the city files a resolution with the County Council. The County Council then adopts an ordinance setting the date for an election on the question of annexation. Only registered voters within the proposed annexation area may cast ballots in the election. The annexation is approved if supported by a simple majority of those voting.

2) Direct Petition Method Annexation (”60% petition”): Annexation is initiated by filing two separate petitions with the city. The first petition is signed by owners of property representing not less than 10% of the assessed value of the property in the area proposed to be annexed. This filing notifies the city of the residents’ intent to commence annexation proceedings. The legislative body then accepts, rejects, or geographically modifies the proposed annexation. A second petition must then be signed by the owners of properties representing not less than 60% of the assessed valuation of the area proposed to be annexed (i.e., not all property owners must sign/agree). The legislative body of the city or town then holds a public hearing and rejects or accepts the petition. If accepted, the petition is submitted to the Boundary Review Board (“BRB”). The BRB may expand or contract the area to be annexed based on certain criteria. The city may then accept the revised petition, or reject it entirely. Annexation is finalized by the adoption of an ordinance by the city council. This the most common method of annexation in King County.

3) 50/50 Direct Petition Method: In this method, annexation is initiated by securing signatures of both landowners and registered voters. The community initiators (owners of not less than 10% of the land area or not less than 10% of the area’s residents) must notify the city council of their intention to commence annexation. The city sets a meeting with the initiating parties to determine whether the city will accept, reject or modify the proposed annexation. A second petition, in form approved by the city, is then prepared and must be signed by at least 50% of the registered voters in the area and the owners of at least 50% of the acreage of the area. Following submittal of the petition, the city holds a public hearing and then decides whether to annex (it may reject the annexation, despite having a valid petition).

4) Annexation of Small Unincorporated Islands Method: This method is only applicable to areas less than 100 acres in size where at least 80% of the area boundaries are contiguous to the city or town. A public hearing must be held, after which the city passes an ordinance to annex. The annexation is subject to resident referendum (i.e., can be overturned) if a petition signed by a number of residents of the area equal to at least 10% of the area residents voting in the last general election is filed with the city within 45 days of the date the city ordinance is adopted. If such a petition is filed, an election on the issue is held and the annexation must be approved by not less than 50% of those persons in the area voting on the matter.

5) Annexation by Interlocal Agreement Method: This relatively new method of annexation (2003 legislature) allows for annexation to occur based on an agreement between that city and the County—but the agreement (and thus the annexation) can be overturned by residents of the proposed annexation area. This method may only be used to annex areas bordered at least 60% by one or more cities. Following a public hearing(s) and approval of the annexation agreement by the city and County, the city council adopts an ordinance annexing the territory. The ordinance must set an annexation effective date at least 45 days following the date the ordinance is adopted. If, during that 45 day period, a petition is filed with the city signed by not less than at least 15% of the registered voters of the area, then an election on the question must be held at which at least a simple majority of those persons voting on the matter approve the annexation.

While it is the policy of King County to encourage urban unincorporated areas to join cities in compliance with State's Growth Management Act and the Countywide Planning Polices adopted by the cities and King County, should residents choose not to, the County will continue to provide mandated local services to urban unincorporated residents as best we can with the financial constraints we face.

Please contact Elissa Benson, King County Annexation Initiative Manager, at 206 296-3414 if you have further questions.

Bob Cowan
Director, King County Office of Management and Budget
701 5th Ave., Suite 3200
MS: BOA-EX-3200
Seattle, WA 98104
Phone: (206) 205-0630
FAX: (206) 296-3462
E-mail: bob.cowan@kingcounty.gov