Wash. Rev. Code § 35.07.001
Actions subject to review by boundary review board
Actions taken under chapter 35.07 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.
Revised Code of Washington Chapter 35.07 — Disincorporation
Washington · statute · Wash. Rev. Code ch. 35.07 · 27 active provisions
Wash. Rev. Code § 35.07.010
Authority for disincorporation
Cities and towns may disincorporate.
Wash. Rev. Code § 35.07.020
Petition—Requisites
The petition for disincorporation must be signed by a majority of the registered voters thereof and filed with the city or town council.
Wash. Rev. Code § 35.07.040
Calling election—Receiver
The council shall cause an election to be called upon the proposition of disincorporation. If the city or town has any indebtedness or outstanding liabilities, it shall order the election of a receiver at the same time.
Wash. Rev. Code § 35.07.050
Notice of election
Notice of such election shall be given.
Wash. Rev. Code § 35.07.060
Ballots
The ballots for the election shall be printed at the expense of the municipality and there shall be printed thereon the words "for dissolution" in one line and the words "against dissolution" in another line and in other and separate lines, the names of each of the lawfully nominated candidates for receiver. In all oth…
Wash. Rev. Code § 35.07.070
Conduct of election
The election shall be conducted as other elections are required by law to be conducted in the city or town except as in this chapter otherwise provided.
Wash. Rev. Code § 35.07.080
Canvass of returns
The result of the election, together with the ballots cast, shall be certified by the canvassing authority to the council which shall meet within one week thereafter and shall declare the result which shall be made a matter of record in the journal of the council proceedings. If the vote "For dissolution" be a majority…
Wash. Rev. Code § 35.07.090
Effect of disincorporation—Powers—Officers
Upon disincorporation of a city or town, its powers and privileges as such, are surrendered to the state and it is absolved from any further duty to the state or its own inhabitants and all the offices appertaining thereto shall cease to exist immediately upon the entry of the result: PROVIDED, That if a receiver is re…
Wash. Rev. Code § 35.07.100
Effect of disincorporation—Existing contracts
Disincorporation shall not impair the obligation of any contract. If any franchise lawfully granted has not expired at the time of disincorporation, the disincorporation does not impair any right thereunder and does not imply any authority to interfere therewith to any greater extent than the city or town might have, i…
Wash. Rev. Code § 35.07.110
Effect of disincorporation—Streets
Upon disincorporation of a city or town, its streets and highways pass to the control of the state and shall remain public highways until closed in pursuance of law; and the territory embraced therein shall be made into a new road district or annexed to adjoining districts as may be ordered by the board of county commi…
Wash. Rev. Code § 35.07.120
Receiver—Qualification—Bond
The receiver must qualify within ten days after he or she has been declared elected, by filing with the county auditor a bond equal in penalty to the audited indebtedness and the established liabilities of the city or town with sureties approved by the board of county commissioners, or if the board is not in session, b…
Wash. Rev. Code § 35.07.130
Elected receiver—Failure to qualify—Court to appoint
If the person elected receiver fails to qualify as such within the prescribed time, the council shall file in the superior court of the county a petition setting forth the fact of the election, its result and the failure of the person elected receiver to qualify within the prescribed time and praying for the appointmen…
Wash. Rev. Code § 35.07.140
No receiver elected though indebtedness exists—Procedure
If no receiver is elected upon the supposition that no indebtedness existed and it transpires that the municipality does have indebtedness or an outstanding liability, any interested person may file a petition in the superior court asking for the appointment of a receiver, and unless the indebtedness or liability is di…
Wash. Rev. Code § 35.07.150
Duties of receiver—Claims—Priority
The receiver, upon qualifying, shall take possession of all the property, money, vouchers, records and books of the former municipality including those in any manner pertaining to its business and proceed to wind up its affairs. He or she shall have authority to pay:(1) All outstanding warrants and bonds in the order o…
Wash. Rev. Code § 35.07.160
Receiver may sue and be sued
The receiver shall have the right to sue and be sued in all cases necessary or proper for the purpose of winding up the affairs of the former city or town and shall be subject to suit in all cases wherein the city or town might have been sued, subject to the limitations provided in this chapter.
Wash. Rev. Code § 35.07.170
Receiver—Power to sell property
The receiver shall be authorized to sell at public auction after such public notice as the sheriff is required to give of like property sold on execution, all the property of the former municipality except such as is necessary for his or her use in winding up its affairs, and excepting also such as has been dedicated t…
Wash. Rev. Code § 35.07.180
Receiver—Power to levy taxes
In the same manner and to the same extent as the proper authorities of the former city or town could have done had it not been disincorporated, the receiver shall be authorized to levy taxes on all taxable property, to receive the taxes when collected and to apply them together with the proceeds arising from sales to t…
Wash. Rev. Code § 35.07.190
Receiver's compensation
The receiver shall be entitled to deduct from any funds coming into his or her hands a commission of six percent on the first thousand dollars, five percent on the second thousand and four percent on any amount over two thousand dollars as his or her full compensation exclusive of necessary traveling expenses and neces…
Wash. Rev. Code § 35.07.200
Receiver—Removal for cause
The receiver shall proceed to wind up the affairs of the corporation with diligence and for negligence or misconduct in the discharge of his or her duties may be removed by the superior court upon a proper showing made by a taxpayer of the former city or town or by an unsatisfied creditor thereof.
Wash. Rev. Code § 35.07.210
Receiver—Successive appointments
In the case of removal, death, or resignation of a receiver, the court may appoint a new receiver to take charge of the affairs of the former city or town.
Wash. Rev. Code § 35.07.220
Receiver—Final account and discharge
Upon the final payment of all lawful demands against the former city or town, the receiver shall file a final account, together with all vouchers, with the clerk of the superior court. Any funds remaining in his or her hands shall be paid to the county treasurer for the use of the school district in which the former ci…
Wash. Rev. Code § 35.07.225
Applicability of general receivership law
The provisions of Title 7 RCW generally applicable to receivers and receiverships do not apply to receivers elected or appointed under this chapter.
Wash. Rev. Code § 35.07.230
Involuntary dissolution of towns—Authorized
If any town fails for two successive years to hold its regular municipal election, or if the officers elected at the regular election of any town fail for two successive years to qualify and the government of the town ceases to function by reason thereof, the state auditor may petition the superior court of the county…
Wash. Rev. Code § 35.07.240
Involuntary dissolution of towns—Notice of hearing
Upon the filing of a petition for the involuntary dissolution of a town, the superior court shall enter an order fixing the time for hearing thereon at a date not less than thirty days from date of filing. The state auditor shall give notice of the hearing by publication in a newspaper of general circulation in the cou…
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