BILL REQ. #: H-1095.2
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 02/10/2003. Referred to Committee on Local Government.
AN ACT Relating to annexation by cities and towns based on utility service; amending RCW 35.13.180, 35A.14.300, and 64.06.020; creating new sections; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that the inability
of cities and towns to continue to utilize the petition method of
annexation established by RCW 35.13.125 through 35.13.160 and
35A.14.120 through 35A.14.150 poses a threat to the public peace,
health, and safety, and to the support of the state government and its
existing public institutions. This threat results from, without
limitation, the absence of a statutory means for municipal annexation
of property that is unoccupied, or that is occupied only by persons
ineligible to vote in city or town elections; the inability of cities
and towns to complete annexations that are necessary for orderly
implementation of plans, regulations, and ordinances relating to growth
management; and the uncertainty regarding enforceability of agreements
for municipal water and sewer service provided by cities and towns to
customers outside municipal boundaries. The legislature further finds
that this threat results from the decision of the Washington state
supreme court in Grant County Fire Protection District No. 5 v. City of
Moses Lake, 145 Wn.2d 702 (2002), holding that the petition method of
annexation authorized by RCW 35.13.125 through 35.13.160 and 35A.14.120
through 35A.14.150 is unconstitutional.
(2) The legislature intends this act to provide for a limited
method of annexation by cities and towns based on utility service or
utility agreements with property owners.
Sec. 2 RCW 35.13.180 and 1994 c 81 s 11 are each amended to read
as follows:
(1) City and town ((councils of second class cities and towns))
legislative bodies may by a majority vote annex new unincorporated
territory outside the city or town limits, whether contiguous or
noncontiguous for park, cemetery, or other municipal purposes when such
territory is owned by the city or town or all of the owners of the real
property in the territory give their written consent to the annexation.
(2) City and town legislative bodies may by a majority vote annex
new unincorporated contiguous territory outside the city or town limits
where the city or town provides, or by agreement with property owners
has committed to provide, retail sewer or retail water service to at
least seventy-five percent of the territory proposed for annexation.
(3) Territory annexed pursuant to subsection (2) of this section
must be within the urban growth areas established pursuant to RCW
36.70A.110, or, for jurisdictions not planning under RCW 36.70A.040,
otherwise qualified for annexation.
(4) Prior to a city or town legislative body voting on an
annexation pursuant to subsection (2) of this section, the legislative
body shall fix a date for a public hearing thereon and cause notice of
the hearing to be published in one issue of a newspaper of general
circulation in the city or town. The notice shall also contain a legal
description of the territory proposed for annexation, shall be posted
in three public places within the territory proposed for annexation,
and shall specify the time and place of the hearing and invite
interested persons to appear and voice approval or disapproval of the
annexation.
(5) Following the hearing, the city or town legislative body shall
determine by ordinance whether annexation shall be made. Subject to
RCW 35.02.170, the legislative body may annex all or any portion of the
proposed area but may not include in the annexation any territory not
described in the notice. Upon passage of the ordinance a certified
copy shall be filed with the board of county commissioners of the
county in which the annexed territory is located.
Sec. 3 RCW 35A.14.300 and 1981 c 332 s 7 are each amended to read
as follows:
(1) Legislative bodies of code cities may by a majority vote annex
territory outside the limits of such city whether contiguous or
noncontiguous for any municipal purpose when such territory is owned by
the city.
(2) Legislative bodies of code cities may by a majority vote annex
contiguous territory outside the limits of such city where the city
provides, or by agreement with property owners has committed to
provide, retail sewer or retail water service to at least seventy-five
percent of the territory proposed for annexation.
(3) Territory annexed pursuant to subsection (2) of this section
must be within the urban growth areas established pursuant to RCW
36.70A.110, or, for jurisdictions not planning under RCW 36.70A.040,
otherwise qualified for annexation.
(4) Prior to a city legislative body voting on an annexation
pursuant to subsection (2) of this section, the legislative body shall
fix a date for a public hearing thereon and cause notice of the hearing
to be published in one or more issues of a newspaper of general
circulation in the city. The notice shall also contain a legal
description of the territory proposed for annexation, shall be posted
in three public places within the territory proposed for annexation,
and shall specify the time and place of the hearing and invite
interested persons to appear and voice approval or disapproval of the
annexation.
(5) Following the hearing, if the city legislative body determines
to effect the annexation, they shall do so by ordinance. Subject to
RCW 35A.14.410, the ordinance may annex all or any portion of the
proposed area but may not include in the annexation any territory not
described in the notice. Upon passage of the annexation ordinance a
certified copy shall be filed with the board of county commissioners of
the county in which the annexed territory is located.
NEW SECTION. Sec. 4 The method of annexation provided for in
sections 2 and 3 of this act shall be an alternative to existing
methods, not superseding any other.
Sec. 5 RCW 64.06.020 and 1996 c 301 s 2 are each amended to read
as follows:
(1) In a transaction for the sale of residential real property, the
seller shall, unless the buyer has expressly waived the right to
receive the disclosure statement, or unless the transfer is exempt
under RCW 64.06.010, deliver to the buyer a completed real property
transfer disclosure statement in the following format and that
contains, at a minimum, the following information:
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If
the question clearly does not apply to the property write "NA". If the
answer is "yes" to any * items, please explain on attached sheets.
Please refer to the line number(s) of the question(s) when you provide
your explanation(s). For your protection you must date and sign each
page of this disclosure statement and each attachment. Delivery of the
disclosure statement must occur not later than five business days,
unless otherwise agreed, after mutual acceptance of a written contract
to purchase between a buyer and a seller.
I. SELLER'S DISCLOSURES: | |||||||||
*If "Yes" attach a copy or explain. If necessary use an attached sheet. | |||||||||
1. TITLE | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | A. Do you have legal authority to sell the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *B. Is title to the property subject to any of the following? | ||||||
| (1) First right of refusal | |||||||||
| (2) Option | |||||||||
| (3) Lease or rental agreement | |||||||||
| (4) Life estate? | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *C. Are there any encroachments, boundary agreements, or boundary disputes? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *D. Are there any rights of way, easements, or access limitations that may affect the owner's use of the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *E. Are there any written agreements for joint maintenance of an easement or right of way? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *F. Is there any study, survey project, or notice that would adversely affect the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *G. Are there any pending or existing assessments against the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *H. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the subject property that would affect future construction or remodeling? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *I. Is there a boundary survey for the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *J. Are there any covenants, conditions, or restrictions which affect the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *K. Are there any utility service or annexation agreements that affect the property? | ||||||
2. WATER | |||||||||
| A. Household Water | |||||||||
| (1) The source of the water is [ ] Public [ ] Community [ ] Private [ ] Shared | |||||||||
| (2) Water source information: | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *a. Are there any written agreements for shared water source? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *b. Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *c. Are any known problems or repairs needed? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *d. Does the source provide an adequate year round supply of potable water? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(3) Are there any water treatment systems for the property? [ ]Leased [ ]Owned | ||||||
| B. Irrigation | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | (1) Are there any water rights for the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(2) If they exist, to your knowledge, have the water rights been used during the last five-year period? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(3) If so, is the certificate available? | ||||||
| C. Outdoor Sprinkler System | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | (1) Is there an outdoor sprinkler system for the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(2) Are there any defects in the outdoor sprinkler system? | ||||||
3. SEWER/SEPTIC SYSTEM | |||||||||
| A. The property is served by: [ ] Public sewer main, [ ] Septic tank system [ ] Other disposal system (describe) | |||||||||
| . . . . . . . . . . . . | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | B. If the property is served by a public or community sewer main, is the house connected to the main? | ||||||
| C. Is the property currently subject to a sewer capacity charge? | |||||||||
| D. If the property is connected to a septic system: | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | (1) Was a permit issued for its construction, and was it approved by the city or county following its construction? | ||||||
| (2) When was it last pumped: | |||||||||
| . . . . . . . . . . . . , 19. . . | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(3) Are there any defects in the operation of the septic system? | ||||||
| [ ] Don't know | (4) When was it last inspected? | ||||||||
| . . . . . . . . . . . . , 19. . . | |||||||||
| By Whom: . . . . . . . . . . . . | |||||||||
| [ ] Don't know | (5) How many bedrooms was the system approved for? | ||||||||
| . . . . . . . . . . . . bedrooms | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *E. Do all plumbing fixtures,
including laundry drain, go to the
septic/sewer system? If no, explain: . . . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *F. Are you aware of any changes or repairs to the septic system? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | G. Is the septic tank system, including the drainfield, located entirely within the boundaries of the property? | ||||||
4. STRUCTURAL | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *A. Has the roof leaked? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | If yes, has it been repaired? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *B. Have there been any conversions, additions, or remodeling? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *1. If yes, were all building permits obtained? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *2. If yes, were all final inspections obtained? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | C. Do you know the age of the house? If yes, year of original construction: | ||||||
| . . . . . . . . . . . . | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *D. Do you know of any settling, slippage, or sliding of either the house or other structures/improvements located on the property? If yes, explain: | ||||||
| . . . . . . . . . . . . | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *E. Do you know of any defects with the following: (Please check applicable items) | ||||||
□ Foundations | □ Decks | □ Exterior Walls | |||||||
| □ Chimneys | □ Interior Walls | □ Fire Alarm | |||||||
| □ Doors | □ Windows | □ Patio | |||||||
| □ Ceilings | □ Slab Floors | □ Driveways | |||||||
| □ Pools | □ Hot Tub | □ Sauna | |||||||
| □ Sidewalks | □ Outbuildings | □ Fireplaces | |||||||
| □ Garage Floors | □ Walkways | ||||||||
| □ Other | □ Wood Stoves | ||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *F. Was a pest or dry rot, structural or "whole house" inspection done? When and by whom was the inspection completed? . . . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *G. Since assuming ownership, has your property had a problem with wood destroying organisms and/or have there been any problems with pest control, infestations, or vermin? | ||||||
5. SYSTEMS AND FIXTURES | |||||||||
| If the following systems or fixtures are included with the transfer, do they have any existing defects: | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *A. Electrical system, including wiring, switches, outlets, and service | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *B. Plumbing system, including pipes, faucets, fixtures, and toilets | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *C. Hot water tank | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *D. Garbage disposal | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *E. Appliances | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *F. Sump pump | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *G. Heating and cooling systems | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *H. Security system [ ] Owned [ ] Leased | ||||||
| *I. Other . . . . . . . . . . . . | |||||||||
6. COMMON INTEREST | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | A. Is there a Home Owners'
Association? Name of Association . . . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | B. Are there regular periodic assessments: | ||||||
| $. . . per [ ] Month [ ] Year [ ] Other . . . . . . . . . . . . | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *C. Are there any pending special assessments? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)? | ||||||
7. GENERAL | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *A. Is there any settling, soil, standing water, or drainage problems on the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *B. Does the property contain fill material? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *C. Is there any material damage to the property or any of the structure from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | D. Is the property in a designated flood plain? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *E. Are there any substances, materials, or products that may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, and contaminated soil or water on the subject property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *F. Are there any tanks or underground storage tanks (e.g., chemical, fuel, etc.) on the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *G. Has the property ever been used as an illegal drug manufacturing site? | ||||||
8. FULL DISCLOSURE BY SELLERS | |||||||||
| A. Other conditions or defects: | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *Are there any other material defects affecting this property or its value that a prospective buyer should know about? | ||||||
| B. Verification: | |||||||||
| The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. | |||||||||
DATE . . . . . . . . . . . . | SELLER . . . . . . . . . . . . | SELLER . . . . . . . . . . . . | |||||||
II. BUYER'S ACKNOWLEDGMENT | |||||||||
| A. | As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects which are known to me/us or can be known to me/us by utilizing diligent attention and observation. | ||||||||
| B. | Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller. | ||||||||
| C. | Buyer (which term includes all persons signing the "buyer's acceptance" portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller's signature. | ||||||||
NEW SECTION. Sec. 6 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 7 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.