1078RESOLUTION NO.1078
A RESOLUTION SETTING FORTH AN ANNEXATION POLICY IN THE CITY OF
MOSES LAKE,WASHINGTON
Section 1.Recitals:The City Council of Moses Lake has determined that in order
to protect and manage the water resources of the city in a prudent and equitable
manner for the benefit of the citizens of Moses Lake it is necessary to establish a
policy concerning the furnishing of city water to customers beyond the corporate
limits of the city.
The City Council of Moses Lake has determined that in order to protect the environ
ment of the city and to provide for the proper and orderly disposal of waste gen
erated as a result of the use of city water a policy requiring connections to city
utilities needs to be established.
The City Council of Moses Lake has determined that in order to provide for the
orderly annexation of lands contiguous to the city and to insure compatibility of
annexed utilities with city utilities,it is necessary to establish a policy to
provide for better planning and coordination in the annexation of contiguous lands.
Section 2.Definitions: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
city and any lands within half a mile of the corporate limits as measured at the
point the corporate limits and the lands are closest together.
City Sewer means the sanitary sewerage collection system operated by the city.
City Water means potable water delivered from the system operated by the city.
City Utility Service means city water and/or city sewer.
Section 3.Delivery of City Utilities to Contiguous Lands:The City of Moses Lake
will only deliver city utilities to contiguous lands if the owner of those lands
annexes those lands into the city.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.
Section 4.Delivery of City Water and Sewer to Non-Contiguous Lands:The City of
Moses Lake will consider the delivery of city water to non-contiguous lands when
such water is available only upon the conditions listed herein.
1.Execution of a contract document between the developer and the city containing
the essential elements of the water delivery agreement as outlined below.
2.The water system to be built and connected to the city water system will be
built to city standards.
3.The execution of a covenant running with the land in the nature of a durable
power of attorney from the developer to the city stating in essence the
developer agrees to have the non-contiguous lands annexed to the city at the
city's discretion.
Further,such covenant will provide as a condition of receiving city water
that the non-contiguous lands will not be used in any manner inconsistent with
the city's comprehensive land use plan.
4.The developer will serve the non-contiguous lands to be delivered city water
with city sewers if requested to do so by city staff.
5.The utility services provided to the non-contiguous lands will not be changed
as to either the scope,nature,or intensity of use.
6.Such other conditions as city staff may negotiate as deemed necessary and as
approved by City Council.
7.Failure to comply with any of the conditions of the water delivery agreement
shall terminate the delivery of utility services to the non-contiguous lands.
Section 5.Effective Date:The policy shall control all extensions of city
utility services as indicated after September 8,1981.
PASSED by the City Council of the City of Moses Lake,Washington,and APPROVED by
its Mayor this 8th day of September,1981.
ATTEST:
0»9Jl>,-&
City Clerk
APPROVED AS TO FORM:
ity Attorney