FINAL 2025 0520 Council Special MeetingMoses Lake City Council
Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member
Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member
Tuesday, May 20, 2025
Moses Lake Civic Center – 401 S. Balsam or remote access*
Special Meeting Agenda
Call to Order – 6:30 p.m.
Roll Call
#1
#2
Chip Seal & Restriping Configuration Proposal: Downtown,
Wheeler Road, and Hill Avenue pg 02 Motion
Presented by Engineering Team Jeff Holm, Levi Bisnett, and Leigh Ramsey
Public Comment - pertaining to this topic
Summary: Council to review and consider approval as presented
Extra Territorial Agreement Policy Draft pg 04
Presented by CIP Manager Leigh Ramsey
Public Comment – pertaining to this topic
Summary: Discussion & Direct Staff to Bring Back Revised Policy for Approval
Adjournment
Future City Meetings: Sleep Center Town Hall June 3 at 6:30 pm, Regular Council Meeting May
27, City Council Retreat June 5 and 12.
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk at (509)
764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
* Remote Options:
#1 MS Teams App or Online Join the meeting now Meeting ID: 249 083 692 287 9 Passcode: gE2Cd3N4
Or #2 MS Teams by phone (audio only) +1 509-707-9401,982254153# United States, Moses Lake
Find a local number Phone conference ID: 982 254 153#
COML Special Meeting 5-20-25, Page 1 of 31
Council Agenda Bill
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Rob Karlinsey, City Manager 28735
Brian Baltzell, Public Works
Director Public Works
5/20/2025 New Business
Chip and Fog Seal 2025 Advertisement w/ Striping Revisions, & Angle Parking Authorization
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Staff recommends City Council motion to authorize staff to advertise Seal Coat Project 2025 with proposed
striping revisions that includes angled parking.
Moses Lake City Council accepted award of $1,045,618 in TIB (Transportation Improvement Board) funds with a
20% match in December 2024 to improve Safety, reduce future pavement preservation cost, improve access
and strip additional angled parking, turn lanes, shorter crosswalks, bike lanes etc. Staff will present proposed
striping changes and updates about community outreach that resulted from mailers to adjacent
owners/businesses, open houses, notifications to the DMLA and Chamber, and project website and newspaper
articles. Based on current and projected vehicle volumes, reconfiguration of 4 - drive lanes to 2 or 3 lanes in
select locations will save city money on needed pavement preservation project, improve safety, and reduce
future cost without jeopardizing function allowing better use of limited funds on the city's growing street network.
The Moses Lake Municipal code requires the City Council to authorize any new angled parking.
Use of TIB Grant funds will cover 80% of City cost on eligible streets. Completed project with proposed changes
will reduce future maintenance costs by as much as 50%.
Rejection of proposed striping changes acceptable to funding agency will result in loss of funds and additional
cost to complete project or reduction in project scope.
Options and Results
COML Special Meeting 5-20-25, Page 2 of 31
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Staff will advertise project and return with bid summary and award request in June.
Staff will coordinate recommended changes with TIB and advertise project as directed by council.
Project will be delayed until 2026, staff will await further direction from council to delay use of or reject TIB grant
funds.
COML Special Meeting 5-20-25, Page 3 of 31
Council Agenda Bill
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Rob Karlinsey, City Manager 29033
Brian Baltzell, Public Works
Director Public Works
5/20/2025 Study Session
UGA Extra Territorial Agreement (ETA) Policy Revision
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Staff are providing the revised proposed Extra Territorial Agreement (ETA) Policy for review and further
discussion. No action requested at this time.
2025-05-06_UpdatedREDLINEDETAPolicyDraft.pdf 1.05MB
2025-05-06_UpdatedCLEANETAPolicyDraft.pdf 839.61KB
COML Special Meeting 5-20-25, Page 4 of 31
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Staff presented a draft Extra Territorial Agreement (ETA) policy for development in the urban growth area at the
April 15th council workshop with options for ERU allocation. Council provided feedback and direction to
combine options presented and update language within the policy.
A summary of the edits is outlined below:
- Throughout the document the language was revised to reflect policy setting rather than providing options;
spelling, punctuation, and formatting were also adjusted.
- Added that projected capacity will be provided by zone (and connected zones) for the next five years,
annually.
- Added a second application deadline of May 1st.
- Added language throughout document that states that vested development in the permitting pipeline, by zone,
will also be provided and subtracted from capacity.
- Staff were asked to reference the state standard that determines 200 gallons per day (gpd) should be used for
potable only developments. The Washington State Department of Health Water System Design Manual
(October 2019) states, "For projects that propose to have separate irrigation systems, the design of the potable
(internal use) water system can be predicated on the estimate of 350gpd/ERU." It further explains that statistical
data suggests the minimum ERU consumption for in-house only use is around 200 gpd. As such, language was
added that UGA allocations will be based on an average daily demand of 200 gpd within the application and
evaluation section and definitions at the end of the policy.
- Combined the tiered application classifications of 0, 1, and 2 (from Option 1) and ERU allocation (previously
Option 2) to create new process for application, evaluation, and ERU allocation.
- Removed example of previous ERU allocation.
- Added two additional criteria for council consideration: capacity by zone or connected zones, known or
projected new development in zones.
- Added footnotes to address vested ERUs for previously issued permits will take additional staff time to
compile.
Staff have verified that the consulting firm who currently manages our water model can provide capacity by zone
(and connected zones) by September of 2025.
The revised policy is being provided for further discussion and feedback. Staff will bring the policy back to
council in June or July for further consideration.
None at this time.
Options and Results
N/A
N/A
N/A
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ETA Policy
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Extra Territorial Agreement
(ETA) Policy
City Council Ordinance ##### / Resolution ####
Effective ##.##.2025
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ETA Policy
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Contents
Preamble ....................................................................................................................................................... 3
Principles and Requirements for Providing Water and Wastewater Utilities in the Urban Growth Area ... 3
Water ........................................................................................................................................................ 3
Wastewater ............................................................................................................................................... 4
Annual Deadlines .......................................................................................................................................... 5
ETA Application and Evaluation .................................................................................................................... 7
Definitions ................................................................................................................................................... 16
Preamble ....................................................................................................................................................... 3
Principles and Requirements for Providing Water and Wastewater Utilities in the Urban Growth Area ... 3
Water ........................................................................................................................................................ 3
Wastewater ............................................................................................................................................... 4
Options for ETA Review and Approval .......................................................................................................... 5
Appendix A – Option 1 .................................................................................................................................. 7
Appendix B – Option 2 ................................................................................................................................ 10
Appendix C – Option 3 ................................................................................................................................ 13
Definitions: .................................................................................................................................................. 15
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Preamble
The City of Moses Lake is the primary purveyor of water and wastewater services within the city
limits and within its water service area which includes the city’s Urban Growth Area (UGA). The
City’s first responsibility is to its existing ratepayers and customers within the city limits. The
City must ensure that existing water and wastewater infrastructure is adequately maintained
and that system capacity for its existing residents and businesses is ensured for the long term.
The city does not hold itself out as the sole water purveyor in the UGA and recognizes that
other water purveyors provide water service within the UGA.
The Growth Management Act encourages growth within city limits and urban growth areas. The
City also encourages growth within the City and the UGA to increase the local housing inventory
and allow for more primary industry employers. Allowing for more housing units to be built is
essential in preventing housing unaffordability and keeping pace with the growing population.
Encouraging and facilitating primary industry lifts and diversifies Moses Lake’s economy, brings
in family-wage jobs, and provides economic mobility for our residents.
Principles and Requirements for Providing Water and Wastewater
Utilities in the Urban Growth Area
To assist with housing and job growth, the City can choose to provide water and wastewater
utilities to new development in the UGA, either through annexation or what is known as extra
territorial utility extension agreements or ETAs. ETAs are contracts through which the City can
choose to provide water and/or wastewater utilities in the UGA without concurrent annexation
and subject to additional conditions of service.
Water
The City recognizes the region’s limitations on and value of potable water. While the City
continues to improve its system capacity through water conservation efforts and the
acquisition of new water sources, providing water for new housing and business development
in the UGA must be done carefully and according to the following primary principles and
requirements:
1. The city water system has sufficient capacity to serve the added development without
causing negative service impacts or disruption to existing customers both within the city
limits and in the UGA.
2. The City will provide potable water only. ETAs and new connections in the UGA will not
allow the use of City water for irrigation. Therefore, before the City will provide potable
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water for new development in the UGA, the developer must adequately demonstrate in
writing and to the City’s satisfaction that they can acquire water for irrigation from a
reliable source. As a condition of the service agreement, the City will acquire the legal
authority to access and inspect the receiving property throughout the term of the
service contract to ensure irrigation is not connected to the City’s potable distribution
system. Violation of this condition shall be enforced pursuant to City ordinance and
shall include the City’s right to terminate water service upon discovery of an
unauthorized connection or a property owner’s refusal to permit City inspection, in
addition to fines and injunctive relief.
3. The City will charge the necessary application fees, system development charges,
connection fees, capacity reservation fees, and rates to recover its long-term costs for
providing water service in the UGA. Developer will pay for the installation of the
necessary infrastructure to reach their development and provide service – this may
include, but is not limited to, main lines, lateral lines, service lines, storage, system
upgrades/upsizing, and all associated service connections. Infrastructure requirements
are dependent upon the development proposed and may be onsite or offsite– City staff
will identify the needed improvements based on plans submitted for review. Failure to
supply sufficient plans may result in a delay in determination of required improvements.
City may, at its sole discretion, conduct a rate study to adequately determine the cost of
providing water in the UGA at the sole cost of the developer.
4. Property owner shall agree to grant the City power of attorney on its behalf to sign an
annexation petition for the UGA properties being served, should annexation be
considered in the future.
5. Limited Connection Window – as part of the application for service, the property owner
must pay any required fees, rates, and costs as established by the City including a non-
refundable capacity reservation fee, execute an ETA, and comply with the terms of the
ETA which shall establish a deadline for connection to the City potable water system for
the allocated and reserved Equivalent Residential Units (ERUs). Failure to meet that
deadline will result in termination of the ETA and capacity reservation and any
letter(s)/certificate(s) of water availability will be rescinded. All fees paid by property
owner are non-refundable.
Wastewater
1. The wastewater system must have sufficient capacity to serve the added development
without causing service negative service impacts or disruption to existing customers
both within the city limits and in the UGA.
2. The City will charge the necessary system development charges, connection fees, and
rates to recover its costs for providing wastewater service in the UGA. Developer will
pay for the installation of the necessary infrastructure to reach their development and
provide service – this may include, but is not limited to, mains lines, lateral lines, lift
stations, service lines, system upgrades/upsizing, and all associated service connections.
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Infrastructure requirements are dependent upon the development proposed and may
be onsite or offsite – City staff will identify the needed improvements based on plans
submitted for review. Failure to supply sufficient plans may result in a delay in
determination of requirement improvements. City may, at its sole discretion, conduct a
rate study to adequately determine the cost of providing wastewater service in the UGA
at the sole cost of the developer.
3. Property owner shall agree to grant the City power of attorney on its behalf to sign an
annexation petition for the UGA properties being served, should annexation be
considered in the future.
4. Limited Connection Window – as part of the application for service, the property owner
must pay any required fees, rates, and costs as established by the City including a non-
refundable capacity reservation fee, execute an ETA, and comply with the terms of the
ETA which shall establish a deadline for connection to the City wastewater system for
the allocated and reserved ERUs. Failure to meet that deadline will result in termination
of the ETA and capacity reservation and any letter(s)/certificate(s) of wastewater
availability will be rescinded. All fees paid by the property owner are non-refundable.
Options for ETA Review and ApprovalAnnual Deadlines
Staff recommends that the City Council consider the following frameworks for review and
approval of ETA applications.
In all instances, staff recommend that each year the following deadlines apply:
Annual Deadline Action/Item Due
September 15 System models are updated and available ERUs are provided to
City Council; ERU capacity will be provided by zone with a
projection for the next 5 years. Any vested development in the
permitting pipeline will also be provided and subtracted from
available capacity.1
November 1 Semiannual application deadline #1: ETA applications for
consideration of allocation in December of same year. the
following year are due.
First City Council
Meeting in December
(but no later than
December 15)
Staff will bring forward to Council all applications for
approval/denial
January of the Following
Year
Construction Management will execute ETA with property
owner(s) for approved applications.
1 Identifying vested ERUS for permits in the pipeline for previous two years will take additional staff time to
compile as historically the water availability letters/certificates were not required for all permits.
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Community Development will begin Developer Agreement
negotiations (if applicable)
May 1st of the Following
Year
Semiannual application deadline #2: ETA applications for
consideration in June of current year. Number of ERUs available
will be calculated using the previous September’s original
allocation less any allocations for development within city limits
or the UGA since that date.
In the UGA the permitting authority is Grant County – not the City of Moses Lake – making it
more difficult to monitor and ensure fees are paid prior to construction beginning. As such,
staff recommend that ETA applications require payment of all associated fees (i.e. connection
charges, system development charges, capacity reservation fees, etc.) as outlined in the policy
at the time of ETA application.
Additionally, staff support City Manager approval authority for any ETA application that is
accompanied by a Grant County Health District public health emergency hookup request and
proposed connection is within 660 feet of an existing main line. For any connection that
requires extension of infrastructure to provide service, that cost is the sole responsibility of the
applicant.
The options for how to allocate and approve ETAs in the UGA are as follows:
1) Tiered Evaluation Structure – See Appendix A
2) ERU Allocation by Council Legislative Action – See Appendix B
Key Points:
o Available ERUs can/may vary from year to year.
o To prevent allocation from appearing as arbitrary and capricious a
decision framework is highly recommended.
3) Lottery Allocation – See Appendix C
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Appendix A – Option 1
ETA Application and Tiered Evaluation
ERU allocation relies on the City of Moses Lake utility system models. The system models utilize
the data from our installed infrastructure to estimate and evaluate the effects of new
development(s). The estimates do not guarantee fire flow or available source and cannot be
construed as a guarantee. Our model will require annual, ongoing, maintenance as new
sources are brought online, new infrastructure is installed, and environmental conditions
fluctuate to ensure ERU allocation in the UGA does not put the City at risk of service disruption
to existing customers both inside the city limits and the UGA.
Annually, staff will provide City Council with the projected system capacity for five years, by
zone (factoring in connected zones). Available zone capacity will be reduced by vested
development in the permitting pipeline.2 The City shall only allow UGA potable water
connections, as such, UGA allocations will be based on an average daily demand of 200 gpd.
UGA development will be required to bring an alternative irrigation source for any non-potable
use. If/when more sources or capacity become available, the City, through its modeling, will
recalculate annual allowed new connections in the UGA.
Step 1 – Application:
The applicant formally makes a request for City wWater and/or wastewaterSewer for specified
parcels outside of the corporate limits by a letter from the property owner(s) to the Public
Works Director. The letter shall include a narrative and conceptual site plan that describes the
numbers of residential units to be served, commercial uses to be served, or industrial process
volumes and fire flows to be served. The applicant shall include all materials as defined in
Resolution #3717 or applicable city ordinance.
Step 2 – Evaluation:
Staff reviews the formal requests and classifies them based on the criteria below: and processes
per the following criteria:
CLASSIFICATION DESCRIPTION
CLASS 0 The parcel(s) are contiguous (touching/abutting) to existing corporate limits of
the City. Water and/or wastewatersewer mains have already been extended to
the area and tapping into the main by a lateral is all that is required for
2 Identifying vested ERUS for permits in the pipeline for previous two years will take additional staff time to
compile as historically the water availability letters/certificates were not required for all permits.
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IN/ABUTTING CITY
LIMITS
connection. These requests for Wwater and wastewaterSewer will require
annexation as part of service. Irrigation by means other than City potable
water is preferred. No ETA to be issued. Applications accompanied by a Grant
County Health District public health emergency hookup request may have an
ETA executed while the property owner works through the process of
annexation.The only exception is if the application is accompanied by a Grant
County Health District public health emergency hookup request.
CLASS 1
PUBLIC HEALTH The parcel(s) are not contiguous to existing corporate limits of the City.
However, the application is accompanied by a sState or lLocal agency public
health emergency hookup request. Water and/or wastewatersewer mains have
already been extended to the area and tapping into the main by a lateral is all
that is required for connection. Irrigation by means other than City potable
water is required.
Residential Lot Example: An existing home in the UGA has water from a well
and a septic system. The existing septic system fails, and the Department of
Health declares it a public health emergency and refers them to the City to
connect. There is an existing main along the frontage of the property and the
resident can tap into the main for their service line.
CLASS 2
SHORT EXTENSION The parcel(s) are not contiguous to existing corporate limits of the City.
However, the parcel(s) have a short, developer provided, wWater extension,
sSewer extension, and/or rReservoir pPlacement, with extensions of 0-660FT
(1/8 mile) to connection point, with no pressure or fire flow capacity issues.
Consideration shall be given if parcels are touching or abutting other parcels
that are contiguous to existing corporate limits but not yet annexed and
developer can secure commitment by those parcel(s) to annex to the City,
thereby rendering this a Class 0 application. Irrigation by means other than City
potable water is required.
Residential Lot Example: New house in UGA has City water main on their
frontage street and they are requesting water service. An existing home with a
failing septic system, has sewer main on their frontage street and they are
requesting sewer service. Property owner/developer will be required to
complete main extension to their property and install service line at their sole
cost.
CLASS 3
PREVIOUS ETA
The parcel(s) are not contiguous to existing corporate limits of the City.
However, the parcel(s) have had a previous Council approved ETA or
commitment that has since expired, and the proposed development has had no
substantial changes. Replats or changes in the number of service connections
will require a new ETA be submitted to, and approved by, City Council.
CLASS 4
COST/SERVICE
BENEFIT
The parcel(s) are not contiguous to existing corporate limits of the City.
However, proposed development further the goal of increased housing and/or
employment. Consideration shall be given if parcels are touching or abutting
other parcels that are contiguous to existing corporate limits but not yet
annexed and developer can secure commitment by those parcel(s) to annex to
the City, thereby rendering this a Class 0 application. As per the principles and
requirements outlined in this policy, a long-term City cost-benefit analysis
(including water rights transfer or fee in lieu of for the service being provided)
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shall be completed at developer’s expense prior to application approval. Rate
and charges will reflect the actual cost of service to far flung areas. Irrigation by
means other than City potable water is required.
Applications for utility connection within the UGA, that cannot be classified as outlined above,
will be evaluated and presented to City Council for consideration as detailed in Step 3B (below).
Step 3A – Classified Request Staff Processing:
If the request for connection can be classified as 0, 1, or 2 as outlined above, staff shall contact
the applicant and request they complete the application process by furnishing any required
documents not already provided. This may include, but is not limited to, The applicant will
complete the ETA application by providing materials as defined in Resolution #3717 and any
applicable ordinance, Extra Territorial Agreement Form, and this ETA Policy. Staff will review
the application and prepare a Staff Report which includes a narrative analysis, proposed
conditions of approval, and stafftype of recommendation to the Council. The ETA application
will be presented to Council for action/consideration.
Step 3B – Non-classified Request Staff Processing:
For applications that do not meet the classification criteria to be considered a class 0, 1, or 2
application, staff will review the application based on Principles and Requirements for Providing
Water and Wastewater Utilities in the Urban Growth Area previously identified in the policy,
addressing system capacity concerns (if any), fees required, and questions/concerns/comments
pertaining to the specific application. A summary report is created to be provided to Council
with the application for consideration of ERU allocation – which includes narrative analysis,
proposed conditions of approval, and staff recommended action.
Step 4 – Council Action / ERU Allocation:
Council reviews the Staff Report and associated application materials for approval
consideration of the Extra Territorial Agreement presented.
Priority ERU allocation will be given to applications classified as 0, 1, and 2, in that order and
will be approved or denied by the City Manager.
For requests that do not meet those classifications, City Council will determine ERU allocation
by reviewing the staff summary report and will consider reasonable criteria such as:
Distance from the City limits,
Distance from existing water/sewer infrastructure,
Impact on City services and road network,
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Percentage of available capacity to be used by the development,
Council’s determined need for certain types of development to meet the needs of the
City. For example, Council may give higher priority for a proposed development that
includes primary industry that diversifies the City’s employment. As another example,
the City Council may place a higher priority on housing types that are needed to keep
pace with job and population growth.
Consistency with the City’s Comprehensive Plan, Water System Plan, Sewer System Plan,
and other relevant long term planning documents.
Capacity by zone or connected zones – considers pressure and source dependency
between zones
Known or projected new development within zones (will require Community
Development to supply data regularly)
Step 5A – ETA Not Processed:
If the City Council denies the application, staff will inform the applicant of the denial and take
no further action.
Step 5B – ETA Finalization:
With Council approval, the applicant shall pay any outstanding all required fees and staff will
prepare the ETA forms, along with any conditions of approval, for the City Manager and
property owner(s) signatures. The ETA will then be recorded with Grant County and the
corresponding covenant will run with the land in perpetuity unless otherwise lawfully
terminated. Applicant must return the signed ETA to Construction Management within 45 days
of the date of Council ETA approval. Failure to return by the deadline will result in loss of
allocated ERUs unless the applicant has obtained Council approval for an extension.
ETA Inaction and Returns:
The terms of the ETA must be met , through service connection and/or meter installation,
within 2 years of recording or it terminates pursuant to Resolution #3717. The terminated ETA
shall be returned to the landowner and the City will record a release of the covenant. The
ERUs will become eligible for use on other developments in the current year within city limits or
the following year for UGA allocation.
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Appendix B – Option 2
ERU Allocation by City Council Legislative Action
This method of ERU allocation relies on our system models. The system models utilize the data
from our installed infrastructure to estimate and evaluate the effects of new development. The
estimates do not guarantee fire flow or available source and cannot be construed as a
guarantee. Our model will require annual, ongoing, maintenance as new sources are brought
online, new infrastructure installed, and environmental conditions fluctuate to ensure ERU
allocation in the UGA does not put the City at risk of service disruption to existing customers
both inside the city limits and in the UGA.
A new “available” ERU allocation will be provided to Council annually. The average number of
annual connections in the UGA from 2020-2024 is 21, which is 7.26% of total new connections
(both within city limits and in the UGA) during the same time frame. Staff recommend
allocating no more than 10% of annual total connections to the UGA to ensure our legal
obligation to serve new development within City limits is secure. For example, if ERU allocation
is projected at 275 ERUs for the following year, recommended allocation to UGA parcels would
be 27 ERUs. Consideration will need to be given for number of ERUs based on type of
development – one single family residential unit is equivalent to 1 ERU, but a single industrial or
commercial development may account for many ERUs.
If/when more sources or capacity becomes available, the City, through its modeling, will
recalculate annual allowed new connections in the UGA.
Step 1 – Application:
The applicant formally makes a request for City Water and/or Sewer for specified parcels
outside of the corporate limits by a letter from the property owner(s) to the Public Works
Director. The letter shall include a narrative and conceptual site plan that describes the
numbers of residential units to be served, commercial uses to be served, or industrial process
volumes and fire flows to be served. The applicant shall include all materials as defined in
Resolution #3717 or applicable city ordinance.
Step 2 – Staff Processing:
Staff review application based on Principles and Requirements for Providing Water and Wastewater
Utilities in the Urban Growth Area previously identified in the policy, addressing system capacity
concerns (if any), fees required, and questions/concerns/comments pertaining to the specific
application. A summary report is created to be provided to Council with the application for
consideration of ERU allocation – which includes narrative analysis, proposed conditions of
approval, and staff recommended action. This summary report will be presented to council in a
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manner that blinds specific details to reduce the risk of any perception of bias entering into the
Council determination.
Step 3 – Council Action:
Staff will bring forward all ETA applications for the City Council to consider. Council reviews the
Staff summary reports and associated application materials for approval consideration of the
Extra Territorial Agreement presented.
When assigning ERUs to a proposed development, the City Council will consider reasonable
criteria such as:
Distance from the City limits,
Distance from existing water/sewer infrastructure,
Impact on City services and road network,
Percentage of available capacity to be used by the development,
Council’s determined need for certain types of development to meet the needs of the
City. For example, Council may give higher priority for a proposed development that
includes primary industry that diversifies the City’s employment. As another example,
the City Council may place a higher priority on housing types that are needed to keep
pace with job and population growth.
Consistency with the City’s Comprehensive Plan, Water System Plan, Sewer System Plan,
and other relevant long term planning documents.
Pressure and source dependency between zones
Known or projected new development within City limits (will require Comm Dev to
supply data regularly)
Step 4a – ETA Not Processed:
If City Council denies, staff will notify the application of the denial and take no further action.
Step 4b – ETA Approved:
With council approval, the applicant shall pay all required fees and staff will prepare the ETA
forms, along with any conditions of approval, for the City Manager and property owner(s)
signatures. The ETA will then be recorded with Grant County and the corresponding covenant
will run with the land in perpetuity unless otherwise lawfully terminated. Applicant must
return the signed ETA to Construction Management within 45 days of the date of Council ETA
approval. Failure to return by deadline will result in loss of allocated ERUs unless the applicant
has obtained Council approval for an extension.
ETA Inaction and Returns:
The terms of the ETA must be met, through service connection and/or meter installation, within
2 years of recording or it terminates pursuant to Resolution #3717. The terminated ETA shall
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be returned to the landowner and the City will record a release of the covenant. The ERUs will
become eligible for use on other developments in the current year within city limits or the
following year for UGA allocation.
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Appendix C – Option 3
Lottery Allocation
This method of ERU allocation relies heavily on our system models. The system models utilize
the data from our installed infrastructure to estimate and evaluate the effects of new
development. The estimates do not guarantee fire flow or available source and cannot be
construed as a guarantee. Our model will require annual, ongoing, maintenance as new sources
are brought online, new infrastructure installed, and environmental conditions fluctuate to
ensure ERU allocation in the UGA does not put the City at risk of service disruption to existing
customers both inside the city limits and in the UGA.
A new “available” ERU allocation will be provided to Council annually. The average number of
annual connections in the UGA from 2020-2024 is 21, which is 7.26% of total connections
during the same time frame. Staff recommend allocating no more than 10% of annual total
connections to the UGA to ensure our legal obligation to serve new development within City
limits is secure. For example, ERU allocation is projected at 275 ERUs for 2024, recommended
allocation to UGA parcels would be 27 ERUs. Consideration will need to be given for number of
ERUs based on type of development – one single family residential unit is equivalent to 1 ERU,
but a proposed industrial or commercial development may account for 50 ERUs.
Step 1 – Application:
The applicant formally makes a request for City Water and/or Sewer for specified parcels
outside of the corporate limits by a letter from the property owner(s) to the Public Works
Director. The letter shall include a narrative and conceptual site plan that describes the
numbers of residential units to be served, commercial uses to be served, or industrial process
volumes and fire flows to be served. The applicant shall include all materials as defined in
Resolution #3717 or applicable city ordinance.
Step 2 – Staff Processing:
Staff review application based on Principles and Requirements for Providing Water and Wastewater
Utilities in the Urban Growth Area previously identified in the policy, addressing system capacity
concerns (if any), fees required, and questions/concerns/comments pertaining to the specific
application. A summary report is created to be provided to Council with the application for
consideration of ERU allocation – which includes narrative analysis, proposed conditions of
approval, and staff recommended action. This summary report will be presented to council in a
manner that blinds specific details to reduce the risk of any perception of bias entering into the
Council determination.
FOR COUNCIL CONSIDERATION:
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Would you like applications sorted into categories and then the lottery drawings to occur for
each category individually? For example, developments of fewer than 5 ERUs, 5-10 ERUs, 10-
20 ERUs? SFR, multifamily, commercial, industrial? If so, how would you like to allocate the
ERUs available to each category? Or would you like to evaluate the number of applications in
each category, determine the number to allocate to each, then have staff complete the lottery
drawing?
Step 3 – Lottery Allocation/Council Action:
Staff take the blinded applications and enter the application numbers into a random lottery for
allocation of up to 5 ERUs. If an application drawn is requesting less than 5 ERUs, the remaining
ERUs will be left in the pool for allocation and additional applications will be drawn until the
annual allotment is fully dispersed.
The lottery results, the drawn application summary reports, and associated materials will be
presented to City Council for approval of the Extra Territorial Agreement(s).
Step 4 – ETA(s) Approved:
With council approval, the applicant shall pay all required fees and staff will prepare the ETA
forms, along with any conditions of approval, for the City Manager and property owner(s)
signatures. The ETA will then be recorded with Grant County and the corresponding covenant
will run with the land in perpetuity unless otherwise lawfully terminated. Applicant must
return the signed ETA to Construction Management within 45 days of the date of Council ETA
approval. Failure to return by deadline will result in loss of allocated ERUs unless the applicant
has obtained Council approval for an extension.
ETA Inaction and Returns:
The terms of the ETA must be met, through service connection and/or meter installation, within
2 years of recording or it terminates pursuant to Resolution #3717. The terminated ETA shall
be returned to the landowner and the City will record a release of the covenant. The ERUs will
become eligible for use on other developments in the current year within city limits or the
following year for UGA allocation.
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Definitions:
Application Number – a number assigned by the City’s portal system. This identifier allows for
applications to be referenced without providing full developer/development name.
Development – any proposed plat, subdivision, binding site plan, or building permit request for
single family residential, multifamily, commercial, or industrial uses.
Equivalent Residential Units (ERU) – one ERU represents the amount of water used by one
single-family residence for a specific water system. The demand of other customer classes can
be expressed in terms of ERUs by dividing the demand of each of the other customer classes by
the demand represented by one ERU. ERUs in the UGA are considered to have an average daily
demand of 200 gallons per day (gpd) since City water shall only be supplied for potable use.
Lateral – branch line extended off of main line to serve more than one single-family residence.
Potable Water – water that is safe for consumption and meets state and federal standards; can
come from surface or ground sources and is treated for various contaminants.
Property Owner – means the property owner(s) and its authorized legal representative(s).
Service Connection – service connections create a potential for service and do not necessarily
result in immediate meter installation; service connections are typically one per single family
residence or multifamily unit.
Supply – water that is delivered to a water system by one or more supply facilities that may
consist of supply stations, booster bump stations, and wells.
Storage – water that is “stored” in a reservoir to supplement the supply facilities of a system
and provides water supply for emergency conditions.
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Extra Territorial Agreement
(ETA) Policy
City Council Ordinance ##### / Resolution ####
Effective ##.##.2025
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Contents
Preamble ....................................................................................................................................................... 3
Principles and Requirements for Providing Water and Wastewater Utilities in the Urban Growth Area ... 3
Water ........................................................................................................................................................ 3
Wastewater ............................................................................................................................................... 4
Annual Deadlines .......................................................................................................................................... 5
ETA Application and Evaluation .................................................................................................................... 6
Definitions ................................................................................................................................................... 10
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Preamble
The City of Moses Lake is the primary purveyor of water and wastewater services within the city
limits and within its water service area which includes the city’s Urban Growth Area (UGA). The
City’s first responsibility is to its existing ratepayers and customers within the city limits. The
City must ensure that existing water and wastewater infrastructure is adequately maintained
and that system capacity for its existing residents and businesses is ensured for the long term.
The city does not hold itself out as the sole water purveyor in the UGA and recognizes that
other water purveyors provide water service within the UGA.
The Growth Management Act encourages growth within city limits and urban growth areas. The
City also encourages growth within the City and the UGA to increase the local housing inventory
and allow for more primary industry employers. Allowing for more housing units to be built is
essential in preventing housing unaffordability and keeping pace with the growing population.
Encouraging and facilitating primary industry lifts and diversifies Moses Lake’s economy, brings
in family-wage jobs, and provides economic mobility for our residents.
Principles and Requirements for Providing Water and Wastewater
Utilities in the Urban Growth Area
To assist with housing and job growth, the City can choose to provide water and wastewater
utilities to new development in the UGA, either through annexation or what is known as extra
territorial utility extension agreements or ETAs. ETAs are contracts through which the City can
choose to provide water and/or wastewater utilities in the UGA without concurrent annexation
and subject to additional conditions of service.
Water
The City recognizes the region’s limitations on and value of potable water. While the City
continues to improve its system capacity through water conservation efforts and the
acquisition of new water sources, providing water for new housing and business development
in the UGA must be done carefully and according to the following primary principles and
requirements:
1. The city water system has sufficient capacity to serve the added development without
causing negative service impacts or disruption to existing customers both within the city
limits and in the UGA.
2. The City will provide potable water only. ETAs and new connections in the UGA will not
allow the use of City water for irrigation. Therefore, before the City will provide potable
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water for new development in the UGA, the developer must adequately demonstrate in
writing and to the City’s satisfaction that they can acquire water for irrigation from a
reliable source. As a condition of the service agreement, the City will acquire the legal
authority to access and inspect the receiving property throughout the term of the
service contract to ensure irrigation is not connected to the City’s potable distribution
system. Violation of this condition shall be enforced pursuant to City ordinance and
shall include the City’s right to terminate water service upon discovery of an
unauthorized connection or a property owner’s refusal to permit City inspection, in
addition to fines and injunctive relief.
3. The City will charge the necessary application fees, system development charges,
connection fees, capacity reservation fees, and rates to recover its long-term costs for
providing water service in the UGA. Developer will pay for the installation of the
necessary infrastructure to reach their development and provide service – this may
include, but is not limited to, main lines, lateral lines, service lines, storage, system
upgrades/upsizing, and all associated service connections. Infrastructure requirements
are dependent upon the development proposed and may be onsite or offsite– City staff
will identify the needed improvements based on plans submitted for review. Failure to
supply sufficient plans may result in a delay in determination of required improvements.
City may, at its sole discretion, conduct a rate study to adequately determine the cost of
providing water in the UGA at the sole cost of the developer.
4. Property owner shall agree to grant the City power of attorney on its behalf to sign an
annexation petition for the UGA properties being served, should annexation be
considered in the future.
5. Limited Connection Window – as part of the application for service, the property owner
must pay any required fees, rates, and costs as established by the City including a non-
refundable capacity reservation fee, execute an ETA, and comply with the terms of the
ETA which shall establish a deadline for connection to the City potable water system for
the allocated and reserved Equivalent Residential Units (ERUs). Failure to meet that
deadline will result in termination of the ETA and capacity reservation and any
letter(s)/certificate(s) of water availability will be rescinded. All fees paid by property
owner are non-refundable.
Wastewater
1. The wastewater system must have sufficient capacity to serve the added development
without causing service negative service impacts or disruption to existing customers
both within the city limits and in the UGA.
2. The City will charge the necessary system development charges, connection fees, and
rates to recover its costs for providing wastewater service in the UGA. Developer will
pay for the installation of the necessary infrastructure to reach their development and
provide service – this may include, but is not limited to, mains lines, lateral lines, lift
stations, service lines, system upgrades/upsizing, and all associated service connections.
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Infrastructure requirements are dependent upon the development proposed and may
be onsite or offsite – City staff will identify the needed improvements based on plans
submitted for review. Failure to supply sufficient plans may result in a delay in
determination of requirement improvements. City may, at its sole discretion, conduct a
rate study to adequately determine the cost of providing wastewater service in the UGA
at the sole cost of the developer.
3. Property owner shall agree to grant the City power of attorney on its behalf to sign an
annexation petition for the UGA properties being served, should annexation be
considered in the future.
4. Limited Connection Window – as part of the application for service, the property owner
must pay any required fees, rates, and costs as established by the City including a non-
refundable capacity reservation fee, execute an ETA, and comply with the terms of the
ETA which shall establish a deadline for connection to the City wastewater system for
the allocated and reserved ERUs. Failure to meet that deadline will result in termination
of the ETA and capacity reservation and any letter(s)/certificate(s) of wastewater
availability will be rescinded. All fees paid by the property owner are non-refundable.
Annual Deadlines
Annual Deadline Action/Item Due
September 15 System models are updated and available ERUs are provided to
City Council; ERU capacity will be provided by zone with a
projection for the next 5 years. Any vested development in the
permitting pipeline will also be provided and subtracted from
available capacity.1
November 1 Semiannual application deadline #1: ETA applications for
consideration of allocation in December of same year.
First City Council
Meeting in December
(but no later than
December 15)
Staff will bring forward to Council all applications for
approval/denial
January of the Following
Year
Construction Management will execute ETA with property
owner(s) for approved applications.
Community Development will begin Developer Agreement
negotiations (if applicable)
May 1st of the Following
Year
Semiannual application deadline #2: ETA applications for
consideration in June of current year. Number of ERUs available
1 Identifying vested ERUS for permits in the pipeline for previous two years will take additional staff time to
compile as historically the water availability letters/certificates were not required for all permits.
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will be calculated using the previous September’s original
allocation less any allocations for development within city limits
or the UGA since that date.
In the UGA the permitting authority is Grant County – not the City of Moses Lake – making it
more difficult to monitor and ensure fees are paid prior to construction beginning. As such,
staff recommend that ETA applications require payment of all associated fees (i.e. connection
charges, system development charges, capacity reservation fees, etc.) as outlined in the policy
at the time of ETA application.
Additionally, staff support City Manager approval authority for any ETA application that is
accompanied by a Grant County Health District public health emergency hookup request and
proposed connection is within 660 feet of an existing main line. For any connection that
requires extension of infrastructure to provide service, that cost is the sole responsibility of the
applicant.
ETA Application and Evaluation
ERU allocation relies on the City of Moses Lake utility system models. The system models utilize
the data from our installed infrastructure to estimate and evaluate the effects of new
development(s). The estimates do not guarantee fire flow or available source and cannot be
construed as a guarantee. Our model will require annual, ongoing, maintenance as new
sources are brought online, new infrastructure is installed, and environmental conditions
fluctuate to ensure ERU allocation in the UGA does not put the City at risk of service disruption
to existing customers both inside the city limits and the UGA.
Annually, staff will provide City Council with the projected system capacity for five years, by
zone (factoring in connected zones). Available zone capacity will be reduced by vested
development in the permitting pipeline.2 The City shall only allow UGA potable water
connections, as such, UGA allocations will be based on an average daily demand of 200 gpd.
UGA development will be required to bring an alternative irrigation source for any non-potable
use. If/when more sources or capacity become available, the City, through its modeling, will
recalculate annual allowed new connections in the UGA.
2 Identifying vested ERUS for permits in the pipeline for previous two years will take additional staff time to
compile as historically the water availability letters/certificates were not required for all permits.
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Step 1 – Application:
The applicant formally makes a request for City water and/or wastewater for specified parcels
outside of the corporate limits by a letter from the property owner(s) to the Public Works
Director. The letter shall include a narrative and conceptual site plan that describes the
numbers of residential units to be served, commercial uses to be served, or industrial process
volumes and fire flows to be served. The applicant shall include all materials as defined in
Resolution #3717 or applicable city ordinance.
Step 2 – Evaluation:
Staff reviews the formal requests and classifies them based on the criteria below:
CLASSIFICATION DESCRIPTION
CLASS 0
IN/ABUTTING CITY
LIMITS
The parcel(s) are contiguous (touching/abutting) to existing corporate limits of
the City. Water and/or wastewater mains have already been extended to the
area and tapping into the main by a lateral is all that is required for connection.
These requests for water and wastewater will require annexation as part of
service. Irrigation by means other than City potable water is preferred. No ETA
to be issued. Applications accompanied by a Grant County Health District
public health emergency hookup request may have an ETA executed while the
property owner works through the process of annexation.
CLASS 1
PUBLIC HEALTH The parcel(s) are not contiguous to existing corporate limits of the City.
However, the application is accompanied by a state or local agency public
health emergency hookup request. Water and/or wastewater mains have
already been extended to the area and tapping into the main by a lateral is all
that is required for connection. Irrigation by means other than City potable
water is required.
Residential Lot Example: An existing home in the UGA has water from a well
and a septic system. The existing septic system fails, and the Department of
Health declares it a public health emergency and refers them to the City to
connect. There is an existing main along the frontage of the property and the
resident can tap into the main for their service line.
CLASS 2
SHORT EXTENSION The parcel(s) are not contiguous to existing corporate limits of the City.
However, the parcel(s) have a short, developer provided, water extension,
sewer extension, and/or reservoir placement, with extensions of 0-660FT (1/8
mile) to connection point, with no pressure or fire flow capacity issues.
Consideration shall be given if parcels are touching or abutting other parcels
that are contiguous to existing corporate limits but not yet annexed and
developer can secure commitment by those parcel(s) to annex to the City,
thereby rendering this a Class 0 application. Irrigation by means other than City
potable water is required.
Residential Lot Example: New house in UGA has City water main on their
frontage street and they are requesting water service. An existing home with a
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failing septic system, has sewer main on their frontage street and they are
requesting sewer service. Property owner/developer will be required to
complete main extension to their property and install service line at their sole
cost.
Applications for utility connection within the UGA, that cannot be classified as outlined above,
will be evaluated and presented to City Council for consideration as detailed in Step 3B (below).
Step 3A – Classified Request Staff Processing:
If the request for connection can be classified as 0, 1, or 2 as outlined above, staff shall contact
the applicant and request they complete the application process by furnishing any required
documents not already provided. This may include, but is not limited to, materials as defined
in Resolution #3717 and any applicable ordinance, Extra Territorial Agreement Form, and this
ETA Policy. Staff will review the application and prepare a Staff Report which includes a
narrative analysis, proposed conditions of approval, and staff recommendation to the Council.
The ETA application will be presented to Council for action/consideration.
Step 3B – Non-classified Request Staff Processing:
For applications that do not meet the classification criteria to be considered a class 0, 1, or 2
application, staff will review the application based on Principles and Requirements for Providing
Water and Wastewater Utilities in the Urban Growth Area previously identified in the policy,
addressing system capacity concerns (if any), fees required, and questions/concerns/comments
pertaining to the specific application. A summary report is created to be provided to Council
with the application for consideration of ERU allocation – which includes narrative analysis,
proposed conditions of approval, and staff recommended action.
Step 4 – Council Action / ERU Allocation:
Council reviews the Staff Report and associated application materials for approval
consideration of the Extra Territorial Agreement presented.
Priority ERU allocation will be given to applications classified as 0, 1, and 2, in that order and
will be approved or denied by the City Manager.
For requests that do not meet those classifications, City Council will determine ERU allocation
by reviewing the staff summary report and will consider reasonable criteria such as:
Distance from the City limits,
Distance from existing water/sewer infrastructure,
Impact on City services and road network,
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Percentage of available capacity to be used by the development,
Council’s determined need for certain types of development to meet the needs of the
City. For example, Council may give higher priority for a proposed development that
includes primary industry that diversifies the City’s employment. As another example,
the City Council may place a higher priority on housing types that are needed to keep
pace with job and population growth.
Consistency with the City’s Comprehensive Plan, Water System Plan, Sewer System Plan,
and other relevant long term planning documents.
Capacity by zone or connected zones – considers pressure and source dependency
between zones
Known or projected new development within zones (will require Community
Development to supply data regularly)
Step 5A – ETA Not Processed:
If the City Council denies the application, staff will inform the applicant of the denial and take
no further action.
Step 5B – ETA Finalization:
With Council approval, the applicant shall pay any outstanding fees and staff will prepare the
ETA forms, along with any conditions of approval, for the City Manager and property owner(s)
signatures. The ETA will then be recorded with Grant County and the corresponding covenant
will run with the land in perpetuity unless otherwise lawfully terminated. Applicant must
return the signed ETA to Construction Management within 45 days of the date of Council ETA
approval. Failure to return by the deadline will result in loss of allocated ERUs unless the
applicant has obtained Council approval for an extension.
ETA Inaction and Returns:
The terms of the ETA must be met, through service connection and/or meter installation, within
2 years of recording or it terminates pursuant to Resolution #3717. The terminated ETA shall
be returned to the landowner and the City will record a release of the covenant. The ERUs will
become eligible for use on other developments in the current year within city limits or the
following year for UGA allocation.
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Definitions
Application Number – a number assigned by the City’s portal system. This identifier allows for
applications to be referenced without providing full developer/development name.
Development – any proposed plat, subdivision, binding site plan, or building permit request for
single family residential, multifamily, commercial, or industrial uses.
Equivalent Residential Units (ERU) – one ERU represents the amount of water used by one
single-family residence for a specific water system. The demand of other customer classes can
be expressed in terms of ERUs by dividing the demand of each of the other customer classes by
the demand represented by one ERU. ERUs in the UGA are considered to have an average daily
demand of 200 gallons per day (gpd) since City water shall only be supplied for potable use.
Lateral – branch line extended off main line to serve more than one single-family residence.
Potable Water – water that is safe for consumption and meets state and federal standards; can
come from surface or ground sources and is treated for various contaminants.
Property Owner – means the property owner(s) and its authorized legal representative(s).
Service Connection – service connections create a potential for service and do not necessarily
result in immediate meter installation; service connections are typically one per single family
residence or multifamily unit.
Supply – water that is delivered to a water system by one or more supply facilities that may
consist of supply stations, booster bump stations, and wells.
Storage – water that is “stored” in a reservoir to supplement the supply facilities of a system
and provides water supply for emergency conditions.
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