1307RECITALS:
RESOLUTION NO. 1307
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,proper,and
equitable manner for the benefit of the citizens of the City of Moses Lake,
it is necessary to establish a policy concerning the furnishing 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 pro
tect 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 concerning 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 coordination in the annex
ation 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 corporate
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 existing 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 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.
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 commitment noted in the
minutes of a regular City Council meeting.All extensions 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.
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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 contiguous
lands if the owner of those lands annexes those lands into the city,except,
if the public's health,safety,and welfare 1s an issue,as determined by
the Grant County Health District,the city may deliver city water and/or
city sewer utilities subject to the same conditions applicable to the deliv
ery of city water and/or city sewer utilities to non-contiguous lands.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 determined by the
City Council in the city sewerage system only upon the conditions 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 provi
sion 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 le
gal 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 commitment
given unless such expansion has already been provided for in the com
mitment 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 further consid
eration by the City Council.Any documents prepared and delivered by a par
ty 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 September 24,1985.
Adopted by the City Council on March 10,1987.
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