1237RECITALS:
RESOLUTION NO. 1237
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
1.This resolution supersedes Resolution #1078 passed by the Moses Lake City
Council on September 8,1981 and Resolution #1205 passed by the Moses
Lake City Council on December 18,1984.
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
corporate 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.
RESOLVED:
1.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 corpo-
rate limits of the city as measured at the point the 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 ex-
isting water and/or sewer main by a lateral to serve a customer,or the
expansion of an existing water and/or sewer use,or any combination of
these.
City Water means potable water delivered from the water utility system
operated 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.
2.Requests for Extensions:The Moses Lake City 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 water and/or sewer utilities to anyone beyond the corporate
limits of the city,such permission being evidenced by a formal commit
ment noted in the minutes of a regular City Council meeting.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.
3.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.
4.Delivery of City Water and/or Sewer Utilities to Non-Contiguous Lands:
The City 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 deter
mined by the City Council in the city sewerage system only upon the con
ditions 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 utility will 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 documents(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.
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 use without further approval from the Moses Lake
City Council as such change is considered an expansion of the com
mitment given unless such expansion has already been provided for in
the commitment given by the Moses Lake City Council.
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.
5.Any formal commitment given by the City Council 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 fur
ther consideration by the City Council.Any documents prepared and de
livered by a party pursuant to Section 4.a.and c.shall be returned to
the land owner if the commitment is terminated.—
6.Effective Date:This policy shall control all extensions of city water
and/or sewer utilities after October 8,1985.
Adopted by the City Council on October 8,1985.
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Mayor
CityWi