Interlocal Agreement Annexation Process for Cities in Spokane County

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RCW 35A.14.238 is the state law which describes the process for the interlocal agreement method for non-code cities and RCW 35A.14.480 is the state law which describes the process for the interlocal agreement method for code cities when annexing an area served by a fire protection district. This process is outlined below including the role of the Boundary Review Board (RCW 36.93).

  1. The City proposing the annexation sends a notice to the fire district and the County stating the City’s interest in negotiating an interlocal agreement for the annexation.
  2. The Fire District and the County have forty-five days to respond that they will or will not participate in negotiating an interlocal agreement for the annexation.
  3. A negative response from either the County or the Fire District within forty-five days must include the reasons for not participating and ends the interlocal agreement process for the annexation.
  4. No response within forty-five days is deemed an affirmative response.
  5. The interlocal agreement for the annexation must include:
    1. A description of the boundaries of the annexation area;
    2. A statement of goals of the agreement including but not limited to:
      • The transfer of revenue between the fire district and the city;
      • The impact to the level of service for fire protection and emergency management;
      • Division of assets and the impact to citizens;
      • Schedule of public meetings in the proposed annexation area;
      • Revenue sharing, if any;
      • Debt distribution;
      • Capital facility obligations of the city, county and fire district;
      • Timing of the annexations covered by the interlocal agreement; and
      • Description of the application and enforcement of the city’s development regulations in the annexation area.
    3. A discussion of the policies and procedures for annexations including, but not limited to, the following subject areas:
      • Roads and traffic impact mitigation;
      • Surface and storm water management;
      • Coordination and timing of comprehensive plan and development regulation updates;
      • Outstanding bonds and special or improvement district assessments;
      • Annexation procedures;
      • Distribution of debt and revenue sharing for annexation proposals, code enforcement, and inspection services;
      • Financial and administrative services; and
      • Consultation with other service providers, including water-sewer districts, if applicable.
    4. A term of at least five years, which may be extended by mutual agreement of the city, county, and fire protection district.
  6. With the adoption of the agreement by the City, County, and Fire District, a Notice of Intention is filed with the Boundary Review Board and the jurisdiction of the Board cannot be invoked. The Notice of Intention is approved after the 45-day review period elapses. The Boundary Review Board then sends to the City a Certification of the Expiration of the 45-Day Period.
  7. The City can proceed with its annexation ordinance which will include the description of the boundaries of the annexation area as stated in the interlocal agreement and set a date for a public hearing in the matter. The City adopts its annexation ordinance officially annexing the area.
  8. If the Fire District does not agree with the terms of the interlocal agreement, the process may continue with the City and County. A Notice of Intention is filed with the Boundary Review Board and the jurisdiction of the Boundary Review Board may be invoked. If there is a hearing, the Boundary Review Board may approve, modify, divide assets and functions, or deny the proposal. If there is no hearing before the Boundary Review Board, the Notice of Intention is approved after the 45-day period elapses.
  9. The Boundary Review Board then sends to the City, either its written Decision or Certification of the Expiration of the 45-Day Period.
  10. In addition, if a Fire District is not a party to the interlocal, a forty-five day period begins upon adoption of the interlocal agreement by the City and County in which a petition for referendum may be circulated. The referendum petition must include the signatures of ten percent of the voters from the last general election in the annexation area. With sufficient signatures, an election is held. If a majority of votes cast are in favor, the annexation is approved.
  11. The City can proceed with its annexation ordinance which will include the description of the boundaries of the annexation area as stated in the interlocal agreement and set a date for a public hearing in the matter. The City then adopts an ordinance officially annexing the area.
  12. This final ordinance and the recording fee are sent to the Boundary Review Board Office. The Boundary Review Board Director will verify that the legal description is the same as approved by the Boundary Review Board and will record one copy with the Spokane County Auditor and file two copies with the Spokane County Assessor and one with the Spokane County Board of Commissioners. The Boundary Review Board then notifies the various county departments and affected agencies of the changed boundaries.