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HomeMy WebLinkAbout015 - Annexation Agreements i ADMINISTRATIVE ORDER NO . 15 i . TO: All Department Heads I/ August 20 , 1979 FROM: Lee Kraft , City Manager SUBJECT : ANNEXATION AGREEMENTS/POWER OF ATTORNEY PROCESS . Effective immediately , it shall be the policy of the City to adhere to the following procedures: (A) It shall be the responsibility of the City Treasurer or his/her designate to: ( 1) Request and secure from the applicant for initial connection to the City water and/or sewer system or for an extension of an existing water and/or sewer line to serve property located outside the City limits an executed and notarized Outside Utility Agreement . Extensions of City water and/or sewer lines shall require prior City Council approvals (2 ) Request and secure from the applicant for City water and/or sewer service from an existing connection for property located outside the City limits a Power of Attorney - Annexation Agreement . • (3) When an applicant is someone other than the owner; example: a renter , the City Treasurer will check with the City Planner to see if an Outside Utility Agreement or Power of Attorney for the property is on record . If not , the Finance Department shall authorize water service for a 10 -day period only . Such service shall not be extended beyond the 10 -day period unless an Outside Utility Agreement or Power of Attorney , depending upon the circumstances , signed by the owner and accompanied by proof of ownership , is returned prior to the expiration of the 10 -day period . (4) Proof of ownership shall be a notarized statement under oath that the person executing the document is the owner of the property described . Proof of ownership must accompany all Outside Utility Agreements and j Powers of Attorney . The term " owner " shall have the same meaning as contained in R . C . W . 35A . 01 . 040 (9) a (5) Maintain a process for checking on the 10 -day grace period for renter applicants and initiate a water turn-off notice in the event the renter fails to return the requested documents . This system shall include prior notice to the renter and the property owner with an opportunity for an • administrative hearing before the water is turned off . _ 2 _ (6) Send all Outside Utility Agreements and Powers of Attorney with proof of ownership forms to the City Planner' s office at the close of each work day . (B) It Aall be the responsibility of the City Planner to: ( 1 ) Provide and maintain a current map of the City limits in the City Treasurer' s office . (2) Record all Outside Utility Agreements with the property records as kept by the County Auditor and retain a certified copy for the City' s records . Maintain a record of Outside Utility Agreements and Powers of Attorney with accompanying proofs of ownership , (3) Be able to advise the City Treasurer if the proper document is on record and signed by the owner , when requested . (4) Verify property ownership , as required , (C) In the event the owner of property should attempt to deny , revoke , impair , or repudiate an executed Outside Utility Agreement or Power of Attorney relating to the property , the City shall terminate water and/or sewer service upon giving notice at least six months in advance , said notice • shall provide an opportunity for a hearing with an administrative official of the City , as designated by the City Manager , prior to the termination of ater and/or sewer service . (D) At the time an annexation agreement is circulated for an area , the City Clerk shall add his/her signature alongside the signature of the owner or owners of the property for which the City has an executed Outside Utility Agreement or Power of Attorney In the case of a Power of Attorney , it must have been executed by someone who is still an owner of the property as defined in R . C . W . 35A . 01 . 040 (9) , In addition , the Clerk shall affix a certified copy of the Outside Utility Agreement or Power of Attorney to the 'petition , (E) It shall be the policy of the City to attempt to get the actual signature of an Owner of property for which the City has an executed Outside Utility Agreement or Power of Attorney . In the event that a signature cannot be obtained and the City has an executed Outside Utility Agreement , the Clerk shall sign for those properties that have such an agreement and shall also affix a certified copy of the Outside Utility Agreement , In the event that signature cannot be obtained and the City has a Power of Attorney', the Clerk shall check to see if the person who executed the Power of Attorney is still an owner as defined in R . C . W . 35A . 01 . 040 (9) . In the event the person is still an owner , the Clerk shall sign the petition for the property to which the Power of Attorney applies and shall affix a certified copy of the Power of Attorney to the petition . The Clerk shall also see to the recording with the County Auditor of the Power of Attorney . i - 3 - j i In the event a person gives notice to the City that he or she revokes an executed Power of Attorney , the Clerk shall not sign for the property to which that Power of Attorney applies but shall notify the Finance Department to initiate the termination of water and/or sewer service to the property . LFK: pt attachments • I ~ CITY OF PAS ICO OUTSIDE UTILITY AGREEMENT THE GRANTOR , for and in consideration of the supplying of utility services and not denying a local improvement) district , RCW 35 . 43 . 075 , convey_ and warrant_ to the City of Pasco , the right to petition for annexation or protest any annexation or proposed annexation to the City of Pasco for the following described property: THE GRANTOR, heirs and assigns , will sign any petition for annexation to the City of Pasco and actively support and promote annexation to the City as such time as the above- described property , or any portion of it becomes contiguous . In the event that annexation is by other than petition , the Grantor_ , heirs and assigns , waives any protest of any such annexation . I Furthermore , this instrument shall be considered a valid petition for annexation , signed by the Grantor_ , heirs or assigns , for the above -described property or any . area of which it constitutes a portion , subject to any zoning or debt requirements imposed by the City upon such petition . DATED this day of , 19_ STATE OF WASHINGTON ) County of Franklin ) I , the undersigned Notary Public , in and for the State and County , do hereby certify that on this day of 19_, personally appeared before me to me known to be the individual_ described- in and who executed tie within instrument and acknowledged that signed and sealed the same as free and voluntary act and deed for the uses and purposes therein mentioned . Notary Public in and for the State of Washington , residing at Pasco , Washington , INDIVIDUAL FORM t . A CITY OF PASCO POWER O � ATTORNEY STATE OF WASHINGTON ) ss . County of Franklin ) Know all men by these presents that I , the owner of the property below-described and commonly known as , Pasco , Washington , hereby make the City of Pasco my true and lawful attorney in fact for the purpose of signing any petition leading to the annexation of said property to the City of Pasco with full power to do and perform any proper act which I may do with respect to the annexation of this property . The City of Pasco may exercise the power through its City Clerk or otherwise as the City Council may direct . This Power of Attorney shall not be affected by the disability of the principal. I i DATED this day of 19_ STATE OF WASHINGTON ) ss County of Franklin ) Subscribed and sworn to before me this day of , 19 Notary Public in and for the State of Washington , residing at Pasco , (SEAL)