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3509RESOLUTION NO.3509 A RESOLUTION REPEALING RESOLUTION 3463 AND ADOPTING A NEW RESOLUTION I )SETTING FORTH A POLICY WITH REGARD TO THE PROVISION OF WATER AND/OR ^-^SEWER UTILITIES OUTSIDE THE CORPORATE LIMITS OF THE CITYAND SETTING FORTH AN ANNEXATION POLICY FOR THE CITY OF MOSES LAKE,WASHINGTON Recitals: 1.Previously the City Council adopted Resolution No.3463 setting forth a policy with regard to the provision of water and/orsewer utilities outside the corporate limits of the Cityand setting forth an annexation policy for the City of Moses Lake,Washington. 2. That policy isnow repealed bythisresolution which adoptsa new resolution setting forth a policy with regard to the provision of water and/or sewer utilities outside the corporate limits of the City and setting forth an annexation policyforthe Cityof Moses Lake,Washington. Resolved: 1.The following definitions shall be applicable to the terms used inthis resolution. Contiguous Landsmeans any lands touching or abutting the corporate limits ofthe City and anylands withinone half mile of the corporate limitsof the Cityas measured at the pointthe corporate limits and the involved lands are closest together. Non-Contiguous Lands means any lands beyond one halfmileof the corporate limits of the Cityas measured at the point the corporate limits and the involved lands are closest together. Provision.Delivery,or Furnishing City Water and/or Sewer Utilities means the extension of water and/or sewer mains,or tapping into an existing water and/or sewer main by a lateral to serve a t J customer,or the expansion ofan existing water and/or sewer use,or any combination ofthese. City Water means potable water delivered from the water utilitysystem operated by the City. City Sewer means the sanitary sewerage collection utilitysystem operated by the City. City Utility Service or Water and/or Sewer Utilities means City water and/or City sewer. Adjacent Lands means any lands located immediately adjacent to a citywater and/or city sewer main within the city's Urban Growth Area (UGA) and which lands are contiguous lands as defined herein. 2.Reguests for Extensions:The Moses Lake CityCouncil shall review all requests forthe provision of water and/or sewer utilities whether the request involves property which is contiguous or non contiguous.Only the City Council can grant permission for the provision, delivery, or furnishing of water and/or sewer utilities to anyone beyond the corporate limits of the City,such permission being evidenced by a formal commitment noted in the minutes of a regular City Council meeting.All extensions of water and/or sewer utilities beyond the corporate limitsof the Cityshall be made by the City Council within their sole and complete discretion. 3.Washington statutes and case law provide that cities are not legally required to provide water or sewer or other utility services to properties located outside the city limits, but that cities have the discretion to provide such utilities withinits urban growth area as a legislative decision, on terms and conditions set forth in a contract. 4. The City is not the sole or exclusive providerof sewer or water service in any area outside of the City's corporate limits.The city shall not be considered or construed as being the sole or exclusive utility purveyor forany properties outside of the city's corporate limitsorwithinthe city's urban growth {^J area. RESOLUTION 3509 PAGE 2 March 24, 2015 5.Delivery of City Water and/or Sewer Utilities to Contiguous Lands: A. The Cityof Moses Lake will onlydeliverwater and/or sewer utilities to contiguous lands ifthe owner of those lands annexes those lands into the City,except,ifthe public'shealth, safety, and welfare is an issue,as determined by the Grant County Health District,the City may deliver City water and/or City sewer utilities subject to the same conditions applicable to the deliveryof Citywater and/or City sewer utilities to non-contiguous lands,except that property which contains a county owned and operated agricultural fair as defined by RCW 36.37 shall not be required to annex to receive citywater and/or sewer utilities.Once within the Citythe lands will be delivered City utilitiesas provided by Cityordinance, Ifthose contiguous lands are not annexed into the City,the City will deliver neither Citywater nor City sewer services, except as set forth in subsection b below. B.The City Council may permit the provision of water and/or sewer service to adjacent lands where the water and/or sewer main is adjacent to the property,the property is contiguous lands as defined in this resolution and it is impractical for the property owner to annex the owner's property into the city because of the previous subdivision of the land or other like condition. Each such request willbe considered by the City Council on an individual basis and no uniform result as respects such requests is expected where each will be determined by the unique circumstance of each property seeking permission to connect to city water and/or sewer. Ifthe City Council permits adjacent lands to connect to the city water and/or sewer system,the property owner shall first comply with the procedure for the delivery of water and/or sewer to non-contiguous lands as set forth below in Section 6. 6. Delivery of City Water and/or Sewer Utilities to Non-Contiguous Lands:The City of Moses Lake will consider the provision of water utilities and/or the provision of sewer utilitiesto non-contiguous lands when such water is available or when such sewerage capacity is available in the City sewerage system as determined by the City Council upon the conditions listed below: A.The execution of a contract document between the land owner and the City containing the essential elements of the water and/or sewer provision agreement as outlined below. B.The water and/or sewer system to be built and connected to the City water utility or City sewer utility will be built to City standards. C.The execution of necessary document(s)as determined by the City's legal department from the land owner to the City stating in essence that the land owner agrees to have non contiguous lands annexed to the City at the City's discretion when those lands can be annexed. Further,the document(s)will provide as a condition of receiving City water and/or City sewer that the non-contiguous lands will not be used in any manner inconsistent with the land use controls in place. D.The land owner will survey the non-contiguous lands to be provided City water and/or City sewer if requested to do so by City staff. E.The City water and/or sewer utilityservices provided to the non-contiguous land willnot be changed as to either the scope,nature, or intensity of the use without further approval from the Moses Lake City Council as such change is considered an expansion of the commitment given unless such expansion has already been provided for in the commitment given by the Moses Lake City Council. F.Such other conditions as City staff may negotiate as being necessary and as approved by the Moses Lake City Council. O n n _ <J w RESOLUTION 3509 PAGE 3 .March 24,2015 G.Failure to comply withany of the conditions of the water and/or sewer provision agreement shall terminate the delivery ofwater and/or sewer utility services to the non-contiguous land. 7.Any formal commitmentgivenbythe City Council to provide water and/or sewer utilities outsidethe corporate limits ofthe City shall remain in effectfor two(2)years except there shallbe no limitation for residential properties uptonine(9)lots from the date the commitment is given.Within the two (2) year commitment period,thelandsinvolved must actually be tapped into the City's water and/orsewer utilities or the commitment given by the City Councilshall be considered automatically withdrawn withoutfurther consideration by the CityCouncil. Any documents prepared and delivered bya party pursuantto Section 6.A.and C.shall be returned tothe land ownerifthe commitment is terminated. Effective Date:This policy shall control allextensions of City water and sewer utilities after March 24,2015. Adopted by the City Council on March 24,2015. <^^jj Dick Deane,Mayor ATTEST: