HomeMy WebLinkAboutN-520 - Power of Attorney for Covenant on Utility ServicesCITY OF PASCO
ADMINISTRATIVE ORDERS
Administrative Order No. 520
Community & Economic Development
Subject: Power of Attorney for Covenant on Utility Services
(Owner Approval for Annexation)
Initial Effective Date:
May 1, 2013
Revised
Approved
The following Administrative Order is effective May 1, 2013 and supersedes Administrative
Order No. 15 dated 8/20/79.
I. PURPOSE:
This order is to establish a process and responsibilities for the securing of Power of
Attorney for Covenant on Utility Services documents for the extension or continuation of
water or sewer services outside of the corporate City limits.
II. POLICY:
Powers of Attorney are required for the initial extension of or connection to City utilities
or for the transfer of a utility account to a subsequent owner. (Reference PMC
13.16.011)
III. PROCEDURE:
1. New utility extensions or connections for properties outside the City limits.
Before approving plans for extension of City water or sewer services or for
connections to such services for properties outside of the City limits, Engineering
and/or Building divisions shall refer property owners to the Planning office to sign
Power of Attorney documents.
2. Utility account establishment or transfer for properties outside of City limits.
a. Upon receiving a request for a new or transfer account, Customer Service
Representatives determine if the property for the requested account is within the
City limits.
b. If determined to be outside the City limits, the customer is referred to the
Planning Office to sign Power of Attorney documents.
3. Planning Office Processing.
a. Planning staff verifies property ownership. If County records do not indicate the
applicant for the account is the owner of the property, proof of ownership (deed)
must be submitted. Apply the following to determine appropriate signator:
i. The signature of a record owner, as determined by the records of the county
auditor, shall be sufficient without the signature of his or her spouse;
ii. In the case of mortgaged property, the signature of the mortgagor shall be
sufficient, without the signature of his or her spouse;
iii. In the case of property purchased on contract, the signature of the contract
purchaser, as shown by the records of the county auditor, shall be deemed
sufficient, without the signature of his or her spouse;
iv. Any officer of a corporation owning land who is duly authorized to execute
deeds or encumbrances on behalf of the corporation, may sign on behalf of
such corporation, and shall attach to the document a certified excerpt from
the bylaws of such corporation showing such authority;
V. Any officer of a corporation owning land, who is duly authorized to execute
deeds or encumbrances on behalf of the corporation, may sign under oath on
behalf of such corporation. If an officer signs, he or she must attach an
affidavit stating that he or she is duly authorized to sign the document on
behalf of such corporation;
vi. When property stands in the name of a deceased person or any person for
whom a guardian has been appointed, the signature of the executor,
administrator, or guardian, as the case may be, shall be equivalent to the
signature of the owner of the property;
vii. When a parcel of property is owned by multiple owners, the signature of an
owner designated by the multiple owners is sufficient; and
viii. A contractor cannot sign for the owner.
b. The owner signs Power of Attorney for Covenant on Utility Services form (see
Exhibit "A ").
L All blank lines for name, dates, completed.
ii. Signature notarized.
c. Planning staff provides owner with fact sheet "Power of Attorney for Covenant on
Utility Services" (see Exhibit `B ") and a signed copy of the Power of Attorney
document to take to Engineering/Billing/Customer Service as needed.
d. Planning staff records the document and files with existing agreements or records.
4. Engineering/Building division staff or Customer Service Representatives verify
signed Power of Attorney prior to approving plans or authorizing service to the
property.
Attachments:
42q -k 3
Date
Exhibit "A" - Power of Attorney for Covenant on Utility Services Form
Exhibit `B" - Power of Attorney for Covenant on Utility Services Informational Sheet
Administrative Order No. 520 - "Power of Attorney for Covenant on Utility Services"
Page 2
Exhibit A
WHEN RECORDED, PLEASE RETURN TO: OWNERSHIP OF:
City of Pasco
Attn: City Planner
525 North 3rd
Pasco, WA 99301
Ref:
Name:
Parcel No.:
Address:
Legal Description:
CITY OF PASCO
POWER OF ATTORNEY FOR COVENANT ON UTILITY SERVICES
(OWNER APPROVAL FOR ANNEXATION)
IN CONSIDERATION of the City of Pasco's consent for the extension of sewer and/or
water utilities beyond the City limits of the City of Pasco, and its commitment for providing such
services for the benefit of the below- described real property, the undersigned do hereby warranty
that they are owners of said real property and do on their own behalf and on behalf of their heirs,
assignees and successors in interest, covenant to annex the below - described real property to the
City of Pasco, Washington, at such time as such property is eligible for annexation, and do
hereby for that purpose designate the City of Pasco and its officers as my /our attorney in fact for
the purpose of signing any petition or other statutorily required instrument for annexation of said
property to the City of Pasco, with full power to do and perform any proper act required for
annexation of said property; and waive my /our right to take any actions to oppose, challenge or
invalidate such annexation.
The undersigned Owners acknowledge that the City of Pasco's consent for the extension
and the continued providing of sewer and/or water utility services is based solely upon the
warranties and covenants provided above. The failure of the undersigned or the heirs, assignees
and successors in interest, to fulfill such warranties or covenants may result in the City of
Pasco's withdrawal or termination of utility services to the below - described property.
The undersigned Owners shall require that all qualified registered voters residing at the
real property described below shall be required to execute a limited Power of Attorney
designating the City of Pasco and its officers as attorney -in -fact to sign a petition for annexation
of such real property to the City of Pasco to maintain eligibility to receive City water services.
Administrative Order No. 520 - Power of Attorney for Covenant on Utility Services
Page 1
Exhibit A
THIS SPECIAL LIMITED POWER OF ATTORNEY is given and the signatures are
affixed hereto as the free and voluntary act and deed of the undersigned. This Special Limited
Power of Attorney shall not be affected by the disability of any of the principals.
THIS COVENANT is intended to and shall run with all or any portion of the real
property described below and shall bind all heirs, assigns, transferees, and subsequent successors
in interests.
The property is located at address Pasco, Washington, and more legally described as
follows:
Legal Description
Parcel No.
DATED this day of
D1131zi�:I.`G
STATE OF WASHINGTON)
): ss.
COUNTY OF )
On this day personally appeared before me , to me known to be the
individual(s) described in and who executed the within and foregoing instrument, and acknowledged that
he /she /they signed the same as his /her /their free and voluntary act and deed, for the uses and purposes
therein mentioned.
Given under my hand and official seal this day of
NOTARY PUBLIC in and for the State of Washington
Residing at
My Commission Expires:
Administrative Order No. 520 - Power of Attorney for Covenant on Utility Services
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Exhibit B
Power of Attorney for Covenant on Utility Services
(Owner Approval for Annexation)
Power of Attorney for Covenant on Utility Services are agreements that the City of Pasco
requires in order to provide water or sewer service to properties outside of its city limits. The
Agreements are required upon first connection or as a condition of continued service when
property is sold.
Background
In the early 1990s, the State of Washington adopted the Growth Management Act which
required counties to designate Urban Growth Areas for each city. The Urban Growth Area
designation is intended to foster the orderly and cost effective extension of transportation and
utility services; the orderly transfer of service responsibilities from one agency to another; and
to avoid premature conversion of agricultural lands for urban or suburban uses. Efficient
accommodation of expected growth and the reduction of "urban sprawl" are two of the major
objectives of the Growth Management Act.
Because the west Pasco area was already surrounded by the City of Pasco, the Franklin County
Commission designated all of the unincorporated "donut hole" (then, the area generally west of
Road 36 and south of I -182) as part of the Pasco Urban Growth Area. Because the Growth
Management Act anticipates the transition of properties within the Urban Growth Area to city
jurisdiction by annexation, the City began the process of planning infrastructure, systems and
services with the goal of including the entire Urban Growth Area within the City limits.
Power of Attorney for Covenant on Utility Services
One of the services in most demand in Pasco's Urban Growth Area is city water service.
(Approximately 70% of homes in the donut hole are currently served by City water.) The City
is not required to provide utility service outside of the City limits; however, it has allowed
county property owners to connect to city water service in exchange for their agreement to
support annexation of the property in any future annexation proceedings. The "support" takes
the form of a signature on a petition in favor of annexation. This exchange of considerations
for both parties is legally termed a quid-pro-quo and is typically documented in the form of
Power of Attorney for Covenant on Utility Services Agreement for the original property
owner /developer for subsequent owners. The document provides that the City, on behalf of the
owner, may sign annexation intents or petitions for the property which is receiving water
service. Because this exchange constitutes a contract, each party has an obligation to fulfill its
part of the agreement; the agreements cannot be unilaterally revoked. The documents are
recorded as a means of providing formal notice of the agreement to existing and future
property owners.
Legality of Agreements
Some property owners feel that the agreements are unreasonable or unfair. They might feel
that they have been forced to sign the agreement without prior understanding or notice. Some
feel that they should have a right to vote on annexations. Washington Courts have examined
each of these arguments and have upheld the validity of Power of Attorney documents [see
Fire Protection District #12 vs. City of Yakima, 122 Wn. 2d 371 (1993)].
Administrative Order No. 520 - Power of Attorney for Covenant on Utility Services
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Exhibit B
To summarize, because the agreements represent an exchange of valuable consideration (water
service in exchange for annexation) they are valid and enforceable contracts; because they are
recorded as a covenant (that runs with the land) they are binding on fixture property owners;
because the city has the legal right to use the petition method of annexation (where the
annexation is approved based on property value), no citizen has been deprived of their right to
vote. There is no overriding "right to vote" in the petition method of annexation.
Summary
The City's plan for annexation of the Urban Growth Area has come about as a result of the
Growth Management Act of the State of Washington and, following Urban Growth Area
designation by Franklin County, the City has planned and invested significant resources to be
able to serve the Urban Growth Area. On condition of future annexation, the city has extended
the opportunity to connect to water service, which condition is contained in valid and
enforceable contracts known as Power of Attorney for Covenant on Utility Service
Agreements.
Administrative Order No. 520 - Power of Attorney for Covenant on Utility Services
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