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RESOLUTION NO.3200
A RESOLUTION AMENDING RESOLUTION 2513 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 POLICY
FOR THE CITY OF MOSES LAKE,WASHINGTON
Recitals:
1.Previously the City Council adopted Resolution No.2513 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 policy for the City of Moses Lake,Washington.
2. That policyis now amended,without repeal, by this resolution setting forth a policywith regard to the
provision of water and/or sewer utilities outside the corporate limits of the City and setting forth an
annexation policy for the City of Moses Lake,Washington.
Resolved:
1.The following definitions shall be applicable to the terms used in this resolution.
Contiguous Lands means any lands touching or abutting the corporate limits of the Cityand any lands
within one half mile of the corporate limitsof the Cityas measured at the point the 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 pointthe corporate limitsand 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
customer, orthe expansion of an existingwaterand/orsewer use, orany combination of these.
CityWater means potable water delivered from the water utility system operated bythe City.
CitySewer means the sanitarysewerage collection utility system operated bythe City.
City Utility Service or Water and/or Sewer Utilities means City water and/or City sewer.
Adiacent Lands meansanylands located immediately adjacent toa city water and/or city sewermain
within the city's Urban Growth Area (UGA)and which lands are contiguous lands as defined herein.
2. Requests for Extensions:The Moses Lake City Council shall review all requests for the 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 oftheCity,such permission being
evidenced by a formal commitment noted in the minutes of a regular City Council meeting.All
extensions ofwater and/or sewer utilities beyond the corporate limits ofthe City shall be made bythe
City Council within their sole andcomplete 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 asa legislative decision,on terms and conditions set forth in a
contract.
RESOLUTION 3200
PAGE 2 December 14,2010
4. The city isnotthe soleorexclusive provider of sewer orwaterservice inany areaoutsideofthe city's
corporate limits.The cityshallnot be considered orconstrued as beingthe sole orexclusive utility /^S
purveyor for any properties outsideofthe city's corporate limits orwithin the city's urban growth area.
5.Delivery of Citv Water and/or Sewer Utilities to Contiguous Lands:
A. The City of Moses Lakewill only deliver waterand/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 waterand/orCity sewer utilities subjectto the same conditions applicable tothe
delivery of City waterand/or City sewer utilities to non-contiguous lands.Oncewithin the City
the lands will be delivered City utilities as providedby Cityordinance. Ifthose contiguous
lands are not annexed intothe 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 ofwater and/or sewerservice to adjacent lands
where the water and/or sewer main is adjacent to the property,the property is contiguous
lands as defined inthis resolutionand itis impractical forthe propertyowner to annex the
owner's property into the city because ofthe previous subdivision of the land orotherlike
condition.Eachsuch request will be considered bythe CityCouncil on an individual basis
andno uniform result as respects such requestsisexpectedwhereeach will be determined
bythe unique circumstance of each property seeking permission to connect to city water
and/or sewer.Ifthe City Council permits adjacentlandstoconnecttothe citywater and/or
sewersystem, 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 4.
6. Delivery of CitvWater and/or Sewer Utilities to Non-Contiguous Lands:The City of Moses Lake will
consider the provision ofwaterutilities and/or the provision ofsewer utilities to non-contiguous lands
when such water is availableorwhen such sewerage capacityis availableas determined by the City /**v
Council inthe Citysewerage system uponthe conditionslistedbelow:
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 builtand connected to the City water utility or City
sewer utilitywill be builtto 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 documents)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 intensityof the use without further approval from
the Moses Lake CityCouncilas such change is considered an expansion of the commitment
given unless such expansion has already been providedforinthe commitment given by the
Moses Lake City Council.
RESOLUTION 3200
PAGE 3 December 14,2010
F.Such other conditions as City staff may negotiate as being necessary and as approved by
the Moses Lake City Council.
G.Failure to comply with any of the conditions of the water and/or sewer provision agreement
shall terminate the delivery of water and/or sewer utilityservices to the non-contiguous land.
7. Any formal commitment given by the City Council to provide water and/or sewer utilities outside the
corporate limits of the City shall remain in effect for two (2)years from the date the commitment is
given.Within the two (2)year commitment period,the lands involved must actually be tapped into the
City's water and/or sewer utilities or the commitment given by the City Council shall be considered
automatically withdrawn without further consideration by the City Council.Any documents prepared
and delivered by a party pursuant to Section 4. a.and c.shall be returned to the land owner if the
commitment is terminated.
Effective Date:This policy shall control all extensions of City water and sewer utilities after September 24,
1985.
Adopted by the City Council of Moses Lake,Washington on December 14,2010.
ATTEST:
Ronald C.Cone,Finance Director