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3396u <J u RESOLUTION NO.3396 A RESOLUTION REPEALING RESOLUTION 3200 AND ADOPTING A 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 POLICY FOR THE CITY OF MOSES LAKE,WASHINGTON Recitals: 1.Previously the City Council adopted Resolution No.3200 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 is nowrepealedbythis resolution whichadoptsa new resolution setting forth a policy with regard to the provision of water and/orsewer 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 Lands means any landstouchingor abutting the corporate limits ofthe City and any lands within one halfmileof the corporate limits of the Cityas measured at the pointthe corporatelimits and the involved lands are closest together. Non-Contiguous Lands means any landsbeyond one halfmileof the corporatelimits of the City as measured at the pointthe 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 customer,orthe expansionof an existing waterand/orsewer use, orany combination ofthese. City Water means potable water delivered from the water utility system operatedbythe City. City Sewer 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. Adjacent Lands means anylands located immediately adjacent toa city water and/or city sewer main within the city's Urban Growth Area(UGA)andwhich lands are contiguous landsas defined herein. 2. Requests for Extensions:The Moses LakeCity Council shall reviewall 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 waterand/or sewer utilities to anyone beyondthe 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 ofwaterand/orsewer utilities beyondthe corporate limits ofthe City shall be made bythe City Council withintheir sole and complete discretion. 3. Washington statutes and case law provide that cities are not legally required to provide water or sewer orother utility services to properties located outsidethe city limits,but that cities have the discretion to provide such utilities within its urban growth area as a legislative decision,ontermsand conditions set forth in a contract. RESOLUTION 3396 PAGE2 October8, 2013 4.The City is not the sole or exclusive provider of 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 limits orwithin the city's urban growth area. 5.Delivery of City Water and/or Sewer Utilities to Contiguous Lands: A.The City of Moses Lake will only deliver water and/or sewer utilitiesto contiguous lands ifthe owner of those lands annexes those lands into the City,except,if the public's health, 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 delivery of City water and/or City sewer utilities to non-contiguous lands.Once within the City the lands will be delivered City utilities as provided by City ordinance.If those contiguous lands are not annexed into the City,the City will deliver neither City water 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 will be 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 ofCity Water and/or Sewer Utilities to Non-Contiguous Lands:The City of Moses Lake will consider the provision of water utilitiesand/or the provisionof 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 utilitywill 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 inconsistentwith 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 utility services provided to the non-contiguous land will not 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 inthe commitment given by the Moses LakeCity Council./^"\ n r^ RESOLUTION 3396 PAGE 3 October 8,2013 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 utility services to the non-contiguous land. 7. Anyformal commitment given bythe City Council to providewater 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 intothe City'swater and/or sewer utilities or the commitment given bythe City Councilshall be considered automaticallywithdrawnwithout further consideration by the CityCouncil. Anydocuments prepared and delivered bya party pursuant to Section 6.A.and C. shall be returned to the land owner if the commitment is terminated. EffectiveDate: This policy shall controlall extensions of Citywater and sewer utilities after October 8,2013. Adopted by the City Council of Moses Lake,Washington on October 8,2013. ATTEST: 'W~R6bert TayloyFitoance Director