RCW 35.13.280
Cancellation, acquisition of franchise or permit for operation of public service business in territory annexed—Regulation of solid waste collection.
The annexation by any city or town of any territory pursuant to those provisions of chapter 35.10 RCW which relate to the annexation of a city or town to a city or town, or pursuant to the provisions of chapter 35.13 RCW shall cancel, as of the effective date of such annexation, any franchise or permit theretofore granted to any person, firm or corporation by the state of Washington, or by the governing body of such annexed territory, authorizing or otherwise permitting the operation of any public transportation, garbage disposal or other similar public service business or facility within the limits of the annexed territory, but the holder of any such franchise or permit canceled pursuant to this section shall be forthwith granted by the annexing city or town a franchise to continue such business within the annexed territory for a term of not less than seven years from the date of issuance thereof, and the annexing city or town, by franchise, permit or public operation, shall not extend similar or competing services to the annexed territory except upon a proper showing of the inability or refusal of such person, firm or corporation to adequately service said annexed territory at a reasonable price: PROVIDED, That the provisions of this section shall not preclude the purchase by the annexing city or town of said franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm or corporation whose franchise or permit has been canceled by the terms of this section shall suffer any measurable damages as a result of any annexation pursuant to the provisions of the laws above mentioned, such person, firm or corporation shall have a right of action against any city or town causing such damages.
After an annexation by a city or town, the utilities and transportation commission shall continue to regulate solid waste collection within the limits of the annexed territory until such time as the city or town notifies the commission, in writing, of its decision to contract for solid waste collection or provide solid waste collection itself pursuant to RCW 81.77.020. In the event the annexing city or town at any time decides to contract for solid waste collection or decides to undertake solid waste collection itself, the holder of any such franchise or permit that is so canceled in whole or in part shall be forthwith granted by the annexing city or town a franchise to continue such business within the annexed territory for a term of not less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the shorter period, and the city or town, by franchise, permit, or public operation, shall not extend similar or competing services to the annexed territory except upon a proper showing of the inability or refusal of such person, firm, or corporation to adequately service the annexed territory at a reasonable price. Upon the effective date specified by the city or town council's ordinance or resolution to have the city or town contract for solid waste collection or undertake solid waste collection itself, the transition period specified in this section begins to run. This section does not preclude the purchase by the annexing city or town of the franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm, or corporation whose franchise or permit has been canceled by the terms of this section suffers any measurable damages as a result of any annexation pursuant to this chapter, such person, firm, or corporation has a right of action against any city or town causing such damages.
[ 1997 c 171 § 2; 1994 c 81 § 15; 1983 c 3 § 54; 1965 c 7 § 35.13.280. Prior: 1957 c 282 § 1.]
NOTES:
Severability—1997 c 171: See note following RCW 35.02.160.
Structure Revised Code of Washington
Chapter 35.13 - Annexation of Unincorporated Areas.
35.13.001 - Actions subject to review by boundary review board.
35.13.005 - Annexations beyond urban growth areas prohibited.
35.13.010 - Authority for annexation.
35.13.015 - Election method—Resolution for election—Contents of resolution.
35.13.030 - Election method—Petition for election—Content.
35.13.040 - Election method—Hearing—Notice.
35.13.060 - Election method—Fixing date of election.
35.13.070 - Election method—Conduct of election.
35.13.080 - Election method—Notice of election.
35.13.090 - Election method—Vote required—Proposition for assumption of indebtedness—Certification.
35.13.100 - Election method—Ordinances required upon voter approval—Assumption of indebtedness.
35.13.120 - Election method is alternative.
35.13.130 - Direct petition method—Petition—Signers—Content.
35.13.140 - Direct petition method—Notice of hearing.
35.13.150 - Direct petition method—Ordinance providing for annexation.
35.13.170 - Direct petition method is alternative.
35.13.171 - Review board—Convening—Composition.
35.13.172 - When review procedure may be dispensed with.
35.13.173 - Determination by review board—Factors considered—Filing of findings.
35.13.174 - Date for annexation election if review board's determination favorable.
35.13.177 - Comprehensive land use plan for area to be annexed—Contents—Purpose.
35.13.180 - Annexation for municipal purposes.
35.13.182 - Annexation of unincorporated island of territory—Resolution—Notice of hearing.
35.13.1821 - Annexation of unincorporated island of territory—Referendum—Election.
35.13.1822 - Annexation of unincorporated island of territory—Notice, hearing.
35.13.185 - Annexation of federal areas by first-class city.
35.13.190 - Annexation of federal areas by second-class cities and towns.
35.13.215 - Annexation of fire districts—Transfer of employees.
35.13.225 - Annexation of fire districts—Transfer of employees—Rights and benefits.
35.13.235 - Annexation of fire districts—Transfer of employees—Notice—Time limitation.
35.13.252 - Fire protection and safety in proposed annexed territory—Report request.
35.13.256 - Fire protection services—Benefit charge—Resolution—Exemptions—Definitions.
35.13.270 - Taxes collected in annexed territory—Notification of annexation.
35.13.290 - When right-of-way may be included—Use of right-of-way line as corporate boundary.
35.13.300 - Boundary line adjustment—Purpose—Definition.
35.13.310 - Boundary line adjustment—Agreement—Not subject to review.
35.13.320 - Boundary line adjustment—When adjustment required—Limitation—Not subject to review.
35.13.350 - Providing annexation information to public.
35.13.360 - Transfer of county sheriff's employees—Purpose.
35.13.370 - Transfer of county sheriff's employees—When authorized.
35.13.380 - Transfer of county sheriff's employees—Conditions, limitations.
35.13.390 - Transfer of county sheriff's employees—Rules.
35.13.420 - Alternative direct petition method—Petition—Signers—Content.
35.13.430 - Alternative direct petition method—Notice of hearing.
35.13.440 - Alternative direct petition method—Ordinance providing for annexation.
35.13.460 - Alternative direct petition method—Method is alternative.
35.13.490 - Annexation of territory used for an agricultural fair.
35.13.500 - Annexation of territory within regional transit authorities.
35.13.900 - Application of chapter to annexations involving water or sewer service.