1205>•
RESOLUTION NO.1205
A 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
Section 1.Recitals:
1.This resolution supercedes Resolution #1078 passed by the Moses Lake City
Council on September 8,1984.
2.The City Council of the City of Moses Lake has determined that in order
to protect and manage the water resources of the city in a prudent,prop
er,and equitable manner for the benefit of the citizens of the City of
Moses Lake,it is necessary to establish a policy concerning the furnish
ing of city water utilities to customers beyond the corporate limits of
the city.
3.The City Council of the City of Moses Lake has determined that in order
to protect the environment of the city,to provide for the proper and
orderly disposal of waste generated as a result of the use of city water
and to protect and manage the discharge of waste to the city's sewerage
facility in a prudent,proper,and equitable manner for the benefit of
the citizens of Moses Lake,it is necessary to establish a policy con
cerning the furnishing of sewerage utilities to customers beyond the cor
porate limits of the city.
4.The City Council of the City of Moses Lake has determined that in order
to provide for the orderly annexation of lands contiguous to the city and
the possible future annexation of lands which are non-contiguous and to
ensure compatibility of annexed utilities with city utilities,it is
necessary to establish a policy to provide for better planning coordina
tion in the annexation of contiguous lands and non-contiguous lands which
may be annexed in the future.
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 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
limits of the city as measured at the point the corporate limits and the in
volved 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,or the expansion of an exist
ing water and/or sewer use,or any combination of these.
City water means potable water delivered from the water utility system oper-
ated by the 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."—
Section 3.Requests for Extensions:The Moses Lake City Council shall review
all requests tor the provision or water and/or sewer utilities whether the
request involves property which is contiguous or non-contiguous.All exten
sions of water and/or sewer utilities beyond the corporate limits of the city
shall be made by the City Council within their sole and complete discretion.
Section 4.Delivery of City Water and/or Sewer Utilities to Contiguous Lands:
The City of Moses Lake will only deliver water and/or sewer utilities to con-
tiguous 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 5.Delivery of City Water and/or Sewer Utilities to Non-contiguous
Lands:C*ity of Moses Lake will consider the provision of water utilities and/
or the provision of sewer utilities to non-contiguous lands when such water is
available or when such sewerage capacity is available as determined by the
City Council in the city sewerage system only upon the conditions listed
below:
1. 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.
2. The water and/or sewer system to be build and connected to the city water
utility or city sewer utility will be built to city standards.
3. 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 inconsistent with the city's Comprehensive Land Use Plan.
4.The land owner will serve the non-contiguous lands to be provided city
water and/or city sewer if requested to do so by city staff.
5.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 use without futher 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 in the commitment given by
the Moses Lake City Council.
6.Such other conditions as city staff may negotiate as being necessary and
as approved by the Moses Lake City Council.
7.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.
Section 6. Any commitment to provide water and/or sewer utilities outside the
corporate limits of the city shall remain in effect for two years from the
date the commitment is given.Within the two 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 5 (1)and
(3) shall be returned to the land owner if the committment is terminated.
Section 7.Effective Date:This policy shall control all extensions of city
water and/or sewer utilities after December 18,1984.
Adopted by the Moses Lake City Council on December 18,1984.
ATTEST:
/sDii^i <Fx,
ity Clerk