2058\S
RESOLUTION NO.2058
A RESOLUTION WITH REGARD TO PROVIDING MUNICIPAL SERVICES,WATER AND/OR
SEWER SERVICE.OR URBAN SERVICES OUTSIDE OF AN INTERIM URBAN GROWTH
AREA (IUGA)
Recitals:
1. The State of Washington has passed laws with regard to managing urban growth (RCW
36.70A).Grant County and the City of Moses Lake are mandated to manage uroan growth
under the law.
2. Grant County will establish an Interim Urban Growth Area (IUGA)for the City of Moses Lake
as required by law.
3.Urban development and the provision of urban services is authorized to occur within an IUGA.
Urban development and the provision of urban services is prohibited outside of an IUGA. It is
improper and illegal for the city to provide municipal services,water and/or sewer service,or
urban services,outside of an IUGA.
4. The City of Moses Lake is not a public utility as defined by iaw.The City of Moses Lake is not
required to provide water and/or sewer service outside of the corporate limits of the City of
Moses Lake.The city cannot be compelled to supply water and/or sewer service outside of its
corporate limits.The provision of water and/or sewer service outside of the city's limits is
within the discretion of the city's legislative authority, the Moses Lake City Council. This
authority and discretion is stated in RCW 35.21.210 and RCW 35.10.020 and the Court of
Appeals.Division III cases Brookens v.Yakima,decided in 1976,People for the Preservation
and Development of Five Mile Prairie v. City of Spokane,decided in 1988, and the Supreme
Court case Yakima County Fire Protection District #12 v.City of Yakima,decided in 1993.The
city's policy with regard to allowing the extension of water and/or sewer service outside of the
corporate iimits of the City of Moses Lake is contained in City of Moses Lake Resolution #1307
adopted by the Moses Lake City Council on March 10, 1987. This resolution supersedes
previous City of Moses Lake Resolution #1078 passed on September 8.1981 and Resolution
#1205 passed on December 8,1984.
Resolved:
1. The City of Moses Lake will not violate the laws of the State of Washington. The City of
Moses Lake will not violate the spirit and intent of the states's Growth Management Act.
2. In conformance with the laws in the State of Washington, the City of Moses Lake will not
provide municipal services, water and/or sewer service, or urban services, to new proposed
development outside of the City of Moses Lake's IUGA.
Adopted by the City Council on August 26,1997
ATTEST:
Finance Director