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AGO Opinions with Topic: ANNEXATION
AGO 2006 No. 9 >  April 17, 2006
FIRE PROTECTION DISTRICTS - CITIES AND TOWNS - ANNEXATION - TAXATION
Effect on fire protection district’s taxing authority of annexing part of the district into a code city If a fire protection district issues non-voted, limited tax general obligation bonds, and a portion of the district is subsequently annexed by a code city, the fire protection district retains the authority to levy a tax on property in the annexed area for the purpose of repaying its existing bond obligations.
AGO 1961 No. 4 >  January 24, 1961
SCHOOLS - ANNEXATION - AUTHORITY OF BOARD OF DIRECTORS TO SIGN A PETITION FOR ANNEXATION - PROPERTY AS COMPRISING A PART OF THE AREA TO BE ANNEXED
SCHOOLS ‑- ANNEXATION ‑- AUTHORITY OF BOARD OF DIRECTORS TO SIGN A PETITION FOR ANNEXATION ‑- PROPERTY AS COMPRISING A PART OF THE AREA TO BE ANNEXED (1) Under the provisions of RCW 35.13.130 the board of directors of a school district is not entitled to sign a petition for annexation. (2) The property of the school district may comprise a part of the area to be annexed provided the value thereof does not enter into the computations prescribed by RCW 35.13.130.
AGO 1973 No. 23 >  November 1, 1973
DISTRICTS - PUBLIC UTILITY - ANNEXATION - COUNTIES - BOUNDARIES
DISTRICTS ‑- PUBLIC UTILITY ‑- ANNEXATION ‑- COUNTIES ‑- BOUNDARIES A public utility district may annex adjacent territory located in a county other than that in which the district was created where such adjacent territory is not situated within the boundaries of another public utility district.
AGO 1962 No. 90 >  January 23, 1962
CITIES AND TOWNS - ANNEXATION - PROCEEDINGS INITIATED BY RESOLUTION OF GOVERNING BODY - PUBLIC HEARING BY COUNTY COMMISSIONERS NOT REQUIRED PRIOR TO ELECTION
CITIES AND TOWNS ‑- ANNEXATION ‑- PROCEEDINGS INITIATED BY RESOLUTION OF GOVERNING BODY ‑- PUBLIC HEARING BY COUNTY COMMISSIONERS NOT REQUIRED PRIOR TO ELECTION When an annexation proposal has been initiated by resolution of the legislative body of a city or town and is approved by the review board created pursuant to § 2, chapter 282, Laws of 1961, the board of county commissioners of the county in which such city or town is situated is not required to conduct a public hearing prior to submission of the annexation proposal to a vote of the electors.
AGO 1962 No. 99 >  February 28, 1962
CITIES AND TOWNS - ANNEXATION - PROCEEDINGS INITIATED BY PETITION OF RESIDENTS IN AREA SOUGHT TO BE ANNEXED - PUBLIC HEARING - NOTICE REQUIRED
CITIES AND TOWNS ‑- ANNEXATION ‑- PROCEEDINGS INITIATED BY PETITION OF RESIDENTS IN AREA SOUGHT TO BE ANNEXED ‑- PUBLIC HEARING ‑- NOTICE REQUIRED When an annexation proposal has been initiated by petition of the residents in the area sought to be annexed to a city or town and is approved by the review board, the board of county commissioners of the county in which the city or town is situated must conduct a public hearing, the notice of which must be published at least in a weekly newspaper in each of the two issues immediately preceding the hearing.
AGO 1962 No. 170 >  September 27, 1962
CITIES AND TOWNS - ANNEXATION - PART OF A FIRE PROTECTION DISTRICT, SEWER DISTRICT, AND WATER DISTRICT - PERSONS QUALIFIED TO VOTE IN DISTRICT ELECTIONS
CITIES AND TOWNS ‑- ANNEXATION ‑- PART OF A FIRE PROTECTION DISTRICT, SEWER DISTRICT, AND WATER DISTRICT ‑- PERSONS QUALIFIED TO VOTE IN DISTRICT ELECTIONS The annexation by a city or town of only a part of a fire protection district, sewer district or water district has the following effect upon the qualifications of the voters residing within the area annexed to vote in district elections:  (1) Fire protection district‑- the area annexed ceases to be a part of the district and residents of the area annexed are no longer qualified to vote in district elections; (2) sewer districts‑-the area annexed ceases to be a part of the district unless the legislative authority of the city or town consents to continued inclusion of the annexed area as a part of the district and residents of the area annexed are no longer qualified to vote at district elections unless the required consent has been given; (3) water districts‑-the area annexed remains a part of the district and the residents of the area annexed remain qualified to vote in district elections.
AGO 1962 No. 178 >  November 27, 1962
CITIES AND TOWNS - ANNEXATION - REVIEW BOARD - POWER TO EXCLUDE OR DELETE PROPERTY FROM PROPOSED ANNEXATION
CITIES AND TOWNS ‑- ANNEXATION ‑- REVIEW BOARD ‑- POWER TO EXCLUDE OR DELETE PROPERTY FROM PROPOSED ANNEXATION A review board, convened under the provisions of RCW 35.13.171, has the authority to delete property from a proposed annexation to a city but only where said property proposed to be annexed is not of such a character that its annexation would be in the public interest.
AGO 1963 No. 8 >  January 30, 1963
CITIES AND TOWNS - ANNEXATION - AUTHORITY OF CITY COUNCIL TO PETITION CITY COUNCIL FOR ANNEXATION OF REAL PROPERTY OWNED BY CITY WITHOUT BUT CONTIGUOUS TO CITY LIMITS
CITIES AND TOWNS ‑- ANNEXATION ‑- AUTHORITY OF CITY COUNCIL TO PETITION CITY COUNCIL FOR ANNEXATION OF REAL PROPERTY OWNED BY CITY WITHOUT BUT CONTIGUOUS TO CITY LIMITS A city which owns real property located without but contiguous to the city limits may not petition, as a property owner, for annexation of such property to the city under RCW 35.13.130.
AGO 1984 No. 12 >  April 23, 1984
DISTRICTS - PORT - ANNEXATION - NONCONTIGUOUS TERRITORY
NONCONTIGUOUS TERRITORY RCW 53.04.080, relating to annexation by a public port district, does not authorize such a district to annex noncontiguous (or nonadjacent) territory located elsewhere within the county.
AGO 1991 No. 31 >  October 4, 1991
LIQUOR - LIQUOR CONTROL BOARD - LICENSES - ELECTIONS - ANNEXATION - CITIES AND TOWNS
Effect of annexation of territory in which the sale of liquor is permitted by a city in which sale of liquor is prohibited 1.  RCW 66.04.030 permits a local option election unit to conduct an election in the question of whether the sale of liquor under a class H license should be permitted within the election unit.  The boundaries of the local option election unit are the city or town or unincorporated portion of the county in which the unit is located.  If the voters approve the proposition, it is unlawful to sell spirituous liquor by the drink within the local option election unit.   2.   When a city annexes new territory, the general rule is that the authority of the city extends over the new territory.  However, cities are not granted the power to restrict the sale of liquor.  That power is granted to the voters of a local option election unit.  Annexation does not make the new territory a part of the local option election unit.  The prohibition on liquor sale is limited to the corporate limits of the city as it existed at the time of the local option election.  Thus, when "wet" territory is annexed into a city that contains a "dry" local option election unit, it does not become "dry" by reason of the annexation.
AGO 2000 No. 1 >  January 19, 2000
BOUNDARY REVIEW BOARDS - CITIES AND TOWNS - ANNEXATION
Authority of boundary review board to add additional territory to a proposal to annex territory to a city by the petition method A boundary review board has authority, when reviewing a proposal to annex territory to a city by petition, to add additional territory to the proposal beyond that described in the original petition.
AGO 1994 No. 12 >  September 2, 1994
FIRE PROTECTION DISTRICTS - CITIES - FIREFIGHTERS - PENSION LIABILITIES - MUNICIPAL CORPORATIONS - ANNEXATION - PUBLIC FUNDS
Transfer of assets and liabilities of pension system upon annexation of a portion of one municipality's territory by another municipality 1.  If, through annexation or incorporation, a city acquires more than 60 percent, but less than 100 percent, of the assessed valuation of the real property of a fire protection district, all of the district's assets and a proportionate share of the district's liabilities, pension fund assets and liabilities excepted, are transferred to the city.  2.  If, through annexation or incorporation, a city acquires more than 60 percent, but less than 100 percent, of the assessed valuation of the real property of a fire protection district which has existing liabilities for pension obligations established pursuant to chapter 41.16 or 41.18 RCW, and has funds dedicated for the payment of such obligations, both the liabilities and the assets are retained by the fire protection district.
AGO 1994 No. 20 >  November 17, 1994
COUNTIES - CITIES - CITY - COUNTY CHARTERS - FREEHOLDERS - INCORPORATION - ANNEXATION
Options available to freeholders elected to present city-county charters 1.  A board of freeholders elected pursuant to article 11, section 16 of the Washington Constitution to draft and present a proposed city-county charter may not instead draft a charter relating to the county only.  2.  The state constitution requires that a city-county charter specifically provide for the legal status of cities within the new government's territory, and grants broad discretion to the voters in defining which, if any, of the powers and duties of existing cities would continue or change after adoption of a city-county charter.  3.  Cities remaining in existence in a city-county operating under a city-county charter retain authority to annex territory, only if and only to the extent that the charter grants such authority.  4.  All of the voters of a county may vote on the adoption of a proposed city-county charter, including those residing within any incorporated cities in the county.  5.  A board of freeholders lacks authority to use public funds or property to advocate or promote adoption of a city-county charter after it has been drafted and submitted pursuant to the constitution; however, the acts of soliciting and recording public opinion, drafting, debating, deliberating, selecting options, and submitting a charter to the county are all specifically implied by the freeholders' constitutional role and do not constitute an unlawful use of public property.
AGO 1989 No. 6 >  March 9, 1989
FIRE PROTECTION DISTRICTS - BOUNDARY REVIEW BOARDS - MUNICIPAL CORPORATIONS - TAXATION - BOUNDARIES - ANNEXATION
FIRE PROTECTION DISTRICTS ‑- ANNEXATION ‑- BOUNDARIES ‑- TAXATION ‑- MUNICIPAL CORPORATIONS ‑- BOUNDARY REVIEW BOARDS 1.A fire protection district may withdraw an area from the boundaries of the district pursuant to RCW 52.04.056 without first referring such action to a vote of the property owners residing within the withdrawn area.2.A fire protection district may not provide fire and emergency medical services, on a regular basis, to an area that has been withdrawn from the district pursuant to RCW 52.04.056.3.A fire protection district that has withdrawn an area from its boundaries pursuant to RCW 52.04.056 may not "reannex" the area in the same year and thus provide the area with services without subjecting the property in the area to a tax levy for the year.4.Where a fire protection district withdraws territory pursuant to RCW 52.04.056 which constitutes only a portion of another taxing district, and the boundaries of the fire protection district are reestablished after March 1 of a given year, the year's tax levy will be based on the former and not on the reestablished boundaries.5.The procedures in RCW 52.04.056, which govern the withdrawal and reannexation of territories of fire protection districts in certain circumstances, are not subject to the boundary review procedures set forth in chapter 36.93 RCW.
AGO 1967 No. 8 >  March 14, 1967
ANNEXATION - CITIES AND TOWNS - UNINCORPORATED TERRITORY - EFFECT OF ON WATER COMPANY FRANCHISE
ANNEXATION - CITIES AND TOWNS - UNINCORPORATED TERRITORY - EFFECT OF ON WATER COMPANY FRANCHISE The annexation of unincorporated territory by a city or town would not abrogate a franchise previously granted by a board of county commissioners to a private water company operating solely within the unincorporated territory.
AGO 1957 No. 19 >  February 19, 1957
COUNTIES - COMMISSIONERS - POWERS OF CITIES AND TOWNS - ANNEXATION
COUNTIES, COMMISSIONERS, POWERS OF CITIES AND TOWNS, ANNEXATION A board of county commissioners has no discretion in calling or not calling an annexation election under RCW 35.13.040
AGO 1954 No. 307 >  August 26, 1954
ANNEXATION - DESCRIPTION - EFFECT OF POLICE JUDGES - 4TH CLASS CITIES - JURISDICTION PRIMARY HIGHWAYS - ABANDONMENT
ANNEXATION ‑- DESCRIPTION ‑- EFFECT OF POLICE JUDGES ‑- 4TH CLASS CITIES ‑- JURISDICTION PRIMARY HIGHWAYS ‑- ABANDONMENT 1.  The police court of a town does not have jurisdiction over traffic violations on a state highway contiguous but not within, a newly annexed area. 2.  Upon removal of the highway from the state system, it may become the responsibility of the county within which it is located.
AGO 1953 No. 144 >  October 5, 1953
TAXATION - CITIES AND TOWNS - ANNEXATION - TAXING DISTRICT BOUNDARY CHANGES
REMEDY AVAILABLE WHERE TAXING OFFICIALS NOT NOTIFIED OF BOUNDARY CHANGES

Where a town duly annexes a contiguous area but the taxing officials are not notified of the boundary changes and the taxes are levied and collected as though the annexed area is outside the municipal limits:  (1) The county must reimburse the town in the amount of the county road taxes which were erroneously levied and collected, but  (2) A supplemental levy may not be made to recover the taxes which should have been derived from the municipal tax levy which was omitted.

AGLO 1976 No. 50 >  August 6, 1976
CITIES - TOWNS - ANNEXATION
APPLICABILITY OF ENVIRONMENTAL POLICY ACT Applicability of state environmental policy act to annexation by cities, towns and special districts.
AGLO 1976 No. 75 >  December 17, 1976
CITIES AND TOWNS - LANDS - ANNEXATION
APPLICABILITY OF LAND DEVELOPMENT ACT TO LANDS ANNEXED SINCE 1973 The exemption contained in § 3(1)(f) of the land development act of 1973 (chapter 12, Laws of 1973, 1st Ex. Sess.) now codified as chapter 58.19 RCW, does not apply to a lot or parcel of land which was not situated within an incorporated city or town prior to January 1, 1974 (the effective date of the act) but which has since become a part of such a municipality through annexation.
AGLO 1974 No. 66 >  July 5, 1974
CITIES AND TOWNS - FOURTH CLASS - GARBAGE - ANNEXATION
AUTHORITY OF FOURTH CLASS CITY TO ENGAGE IN GARBAGE COLLECTION A city of the fourth class is not authorized to engage in garbage collection within an area outside its city limits; and its authority to do so within a recently annexed area is dependent upon compliance with RCW 35.13.280.
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