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3463 (2)o o <J RESOLUTION NO.3463 A RESOLUTION REPEALING RESOLUTION 3396 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.3396 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 That policy is now repealed by this resolutionwhich adopts a new resolution setting forth a policy with regard to the provision of water and/or sewer utilities outside the corporate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. Resolved: 1.The following definitions shall be applicable to the terms used in this resolution. Contiguous Lands means any lands touching or abutting the corporatelimits of the City and any lands within one half mile of the corporate limits of the City as measured at the point the corporate limits and the involved lands are closest together. Non-Contiguous Lands means any lands beyond one half mile of the corporate limitsof 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 potablewater delivered from the water utility system operated bythe City. City Sewer means the sanitary sewerage collection utility system 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 city water and/or city sewer main within the city's Urban Growth Area(UGA)and which lands arecontiguous landsas defined herein. 2.Reouests for Extensions:The MosesLakeCity 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 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/or sewer utilities beyondthe corporate limits ofthe City shall be made bythe CityCouncil within theirsole and complete discretion. 3.Washington statutes and case law provide that cities are not legally required to provide water or sewerorother utility services to properties located outside the city limits,butthat cities havethe discretion to provide such utilities within its urban growth area as a legislative decision,on terms and conditions set forth in a contract. RESOLUTION 3463 PAGE 2 _August 26,2014 4. The City is notthe soleor exclusive provider ofsewerorwaterservice in anyarea outside ofthe City's corporate limits.The city shall notbe considered or construed as being the soleor exclusive utility purveyor for any properties outside ofthe 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 ofMoses Lake will only deliver waterand/orsewer utilities to contiguous landsifthe owner of those lands annexes those lands intothe City,except,ifthe public's health, safety, and welfare is an issue,as determined by the Grant County Health District,the City may deliver City waterand/or City sewer utilities subjecttothe same conditions applicable tothe delivery ofCity waterand/orCity sewer utilities to non-contiguous lands.Oncewithin the City the lands will be delivered Cityutilities as provided by Cityordinance.Ifthose contiguous lands are not annexed intothe City,the City will deliver neither Citywater nor Citysewer services,except as set forth in subsection b below. B.The City Council may permit the provision ofwaterand/orsewer serviceto 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 propertyintothe city because of the previous subdivision of the land or other like condition.Each such request will be considered bythe City Councilon an individual basis and no uniform result as respects such requests is expected where each will be determined by the unique circumstanceof each property seeking permission to connect to city water and/or sewer. Ifthe City Council permitsadjacent lands to connect to the city water and/or sewer system, the property ownershall first comply with the procedureforthe delivery of water and/or sewer to non-contiguous lands as set forth below in Section 6. 6. Delivery of Citv Water and/or Sewer Utilitiesto Non-Contiguous Lands:The City of Moses Lake will consider the provision ofwater utilities and/orthe provision ofsewer utilities to non-contiguous lands when such water is available or when such sewerage capacity is available in the City sewerage system as determined bythe City Council upon the conditionslisted 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 builtto City standards. C. The execution of necessary document(s)as determined bythe 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 Citysewer that the non-contiguous lands will not be used inany manner inconsistent withthe 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 will not be changed as to either the scope,nature, or intensityof the use without further approval from the Moses Lake CityCouncil 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 Lake City Council./^""N r> n RESOLUTION 3463 PAGE3 August 26, 2014 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 CityCouncil to provide water and/or sewer utilities outside the corporate limits of the Cityshall remain ineffect for two (2)years except there shall be no limitation for residential properties up to nine (9) lots from the date the commitment is given. Withinthe two (2) year commitment period, the lands involved must actually be tapped intothe 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 6. A.and C. shall be returned to the land owner ifthe commitment is terminated. EffectiveDate: This policy shall control all extensions of Citywater and sewer utilities after August 26, 2014. Adopted by the City Council on August 26,2014. £?t^y g^W^vg Dick Deane,Mayor ATTEST: