Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1973 NO. 23 > Nov 1 1973

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 1991 NO. 31 > Oct 4 1991

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.

AGLO 1976 NO. 50 > Aug 6 1976

Applicability of state environmental policy act to annexation by cities, towns and special districts.

AGLO 1974 NO. 66 > Jul 5 1974

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.

AGLO 1976 NO. 75 > Dec 17 1976

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.

AGO 1962 NO. 90 > Jan 23 1962

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 > Feb 28 1962

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 1953 NO. 144 > Oct 5 1953

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.

AGO 1962 NO. 170 > Sep 27 1962

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 > Nov 27 1962

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.

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