Show All Answers

1. What is annexation?

Annexation is the process by which unincorporated county territory is added to the jurisdiction of a city.

2. What are these so-called “Power of Attorney for Covenant on Utility Services” sometimes called "Annexation/Utility Agreements" that the City uses to annex properties?

The City is not required to provide utility service outside of the City limits; however, in the interest of providing cost efficient services to the entire Urban Growth Area, it has allowed county property owners to connect to city utility 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. The document provides that the City, on behalf of the owner, may sign an annexation petition for the property which is receiving utility service. Because these “Annexation Agreements” are legal contracts, each party has an obligation to fulfill its part of the agreements. Just like any contract, the agreements cannot be unilaterally revoked. The documents are recorded as part as the deed as a means of providing notice of the agreement to existing and future property owners.

3. Are these “Annexation Agreements” legal, especially when they apply to the property after being sold to others?

Yes. Some property owners feel that the agreements are unfair. They might feel that they have been forced to sign the agreement without prior understanding or notice. Some believe that they should have a right to vote on any annexation. The Washington State Supreme Court has examined each of these arguments several times and has consistently upheld the validity of Power of Attorney documents:

- The agreements represent an exchange of a valuable right (water or sewer service in exchange for annexation) and they are valid and enforceable contracts.

- They are recorded as a covenant with the property and thus are binding on future owners.

- The City has the legal right to use the petition method of annexation (where the annexation is approved based on 60% of the property value in an area), so no citizen has been deprived any right to vote.

However, when asked as recently as 2013, the voters of Pasco overwhelmingly (nearly 70%) stated that the recently annexed areas should remain part of the City, and even a clear majority of the voters (59.4%) within those areas chose to stay in Pasco.

4. Will my property taxes increase in the City?

A. No. In 2013, City property owners paid a tax rate that was 4.8% less than in the unincorporated Urban Growth Area (UGA). City property owners do not pay a special tax for road maintenance, library or fire protection services as do property owners in the unincorporated area. Properties in annexed areas are not required to pay the property tax for previous voter-approved bonds issued to finance City projects. Residents are encouraged to view the fees and taxes comparisons on the Annexation Information page for an overview of all applicable fees and taxes for their situation.

5. Will I pay utility taxes in the City?

Yes. City residents pay a tax (8.5%) on most household utilities – telephone, natural gas, electricity, and cable TV. However, the combined savings from the reduced property tax rate and removal of the City water surcharge will typically offset or may even exceed the combined cost of the utility tax. Pease see the Fees and Taxes Comparison matrix on the Annexation page for a complete breakdown of costs.

6. Does the City allow farm animals?

Yes. City and County zoning are the same regarding farm animals (with one small exception, explained below). The City’s “R-S-12” and “R-S-20” zones have the same farm animal rules as the County’s “RS-20” zone, with one farm animal “unit” allowed for every 10,000 sq. feet of property beyond 12,000 sq. feet of lot area (one animal unit is typically 1 horse, 1 cow, 3 sheep or 20 chickens). For example, a lot with 32,000 square feet would be permitted to have two horses, whether in the City or County. The City does limit the total number of chickens, ducks, or rabbits to 40.

7. Will existing land uses be allowed to continue?

Yes, in two categories.

1. Permitted Use: Any use of land which conforms to City rules after annexation may continue to exist as a “permitted” use and may be continued by any subsequent owner.

2. Non-Conforming Use: Any use of land which conforms to County rules before annexation but does not conform to City rules may continue to exist in the City as a “non-conforming” use and (contrary to myth), may be continued by the subsequent owners of the property. Two caveats apply to “non-conforming” uses: 1) the use cannot be enlarged (in other words, cannot make the conflict greater) and, 2) if the use is abandoned for at least 12 continuous months, it cannot be restarted by the current or future owner. The intent of this rule is to permit the owner of any non-conforming use to continue it as long as they wish and to recover any financial interest as the non-conforming activity can be sold to a subsequent owner.

8. What about zoning?

City zoning (land use) has mirrored the County’s zoning in place prior to annexation in the “donut hole”. In the last major annexation (the “Area 2” annexation in 2013), the City mirrored County zoning, and, in fact, reduced densities for some properties. In the City, the “R-S-12” zone (12,000 sq. ft. min. lot size) and “R-S-20” zone (20,000 sq. ft. min. lot size) are the most common designations for properties surrounding the “donut hole” in west Pasco. Any future zoning change would be for affected property owners to bring before the City Council for approval, just like the County.

9. Does the City require dog licensing and restrictions?

Yes. The City requires all dogs to be on a leash or “at heel” when off the owner’s property. The City limits the number of dogs and cats to three each unless licensed as a commercial kennel. Routine patrols are provided in the City to reduce dogs running at large, thus improving the safety of pedestrians as well as vehicle operators. Annual licensing of dogs is required to assist in returning strays to owners and to protect the public from rabies as well as potentially dangerous dogs. Owners of pit bulls are required to comply with certain criteria, like appropriate confinement and insurance, as well as notification to neighbors that a potentially dangerous dog resides near them; these requirements are waived if the particular pit bull is certified to be a “K-9 Good Citizen” by the TC Animal Control.

10. Will sidewalks, curbs and streetlights be required for my property?

No. Sidewalks, curbs and streetlights are not required by the City in the “R-S-12” and “R-S-20” zones. However, for safety of school children, the City may install or require the School District or developer to install sidewalks in school zones and commercial areas. A developer may choose to install these improvements in a new housing subdivision.

11. Will I be required to use City sewer service?

If sewer lines are extended into an area [done typically through a Local Improvement District (LID) process], property owners are *not* required to connect to the system *unless* their septic system fails and the property is within 200 feet of a sewer line (this is a State Health Department requirement, not a City one).

12. Will outdoor burning restrictions change upon annexation?

No. State burning restrictions apply equally to City and County residents.

13. What are the benefits of annexation?

1. Lower cost of solid waste service - Garbage service in the City costs less than outside the City, is “unlimited” (multiple bags and bundles) and includes two free passes to the transfer station annually. Unlike the County, though, all addresses in the City are required to subscribe to the garbage collection service.

2. Lower priced water service - City residents pay 47% less for potable water service (irrigation water is not affected by annexation).

3. Emergency response from City Fire/Police Departments - More first responders serving a smaller area usually provide faster service, and lower ambulance transport charges, as non-residents pay 50% more.

4. Fire Protection - The City will cause additional fire hydrants to be installed over time, improving the ability to suppress structure fires in the area.

5. Lower cost for City recreation programs - City residents are charged about 20% less for recreation facilities and programs and have priority for registration, particularly for swim classes.

6. Code Enforcement - The City uses a five member, citizen Code Enforcement Board to hear and decide issues related to dangerous or unsightly property conditions: for example, weed control, blowing dust and property nuisances.

7. Lower Homeowner Insurance Costs - Upon annexation, fire insurance ratings (determined by insurance industry) will improve from class 7 to class 5, which will produce as much as 15% savings on annual homeowner insurance. You should check with your provider to see what cost savings there may be for your specific property.

8. Elections - City residents retain the right to vote for County Commissioners. New City residents will be able to vote on important City ballot issues such as Council members and any future bond/taxing issues. The City Council makes the final decision on such issues as utility rates, proposed zoning changes and recreation fees, amongst others.