Chapter 2.48
UTILITY EXTENSION AGREEMENTS
Sections:
2.48.010 Utility service outside city limits.
2.48.020 City’s authority to provide service outside city limits.
2.48.030 Utility extension agreements.
2.48.035 Extension of water for emergency fire service permitted beyond the city limits.
2.48.040 Utility service application.
2.48.050 Charges for water or sewer service.
2.48.060 Utility extension agreements – Terms and conditions.
2.48.010 Utility service outside city limits.
All extensions of water, sewer or electric service outside of the city limits shall be made only after approval of, and upon terms and conditions provided by, the city council. [Ord. 4503 § 3, 2007.]
2.48.020 City’s authority to provide service outside city limits.
A. The city is authorized to provide water, sewer and electric service to property outside the city limits, pursuant to the provisions of RCW 35.92.200, 35.67.310 and Chapters 35.84 and 35A.80 RCW respectively. The city’s provision of such service is permissive, not mandatory. In all circumstances under which the city agrees to provide water, sewer or electric service to property beyond its limits, the applicants for such service must comply with the terms and conditions of this chapter.
B. After designation of the city’s urban growth area boundary by the county as contemplated by RCW 36.70A.110, the city is prohibited from annexing territory beyond such boundary (RCW 35A.14.005). Therefore, the city’s provision of water and sewer service shall be limited to property contained within its urban growth boundary, subject to the city council’s discretion, as provided in this chapter, and applicable law, such as RCW 36.70A.110(4). [Ord. 4503 § 3, 2007.]
2.48.030 Utility extension agreements.
Unless the conditions defined in ECC 2.48.035 relating to emergency fire service apply and have been satisfied, a utility extension agreement must be executed by a property owner before any city utility service can be extended to property located beyond the Ellensburg corporate city limits; provided, however, a utility extension agreement shall neither be required for the extension of natural gas service nor to serve properties located within the corporate boundaries of another city or within the urban growth boundaries of another city. [Ord. 4575 § 1, 2010; Ord. 4503 § 3, 2007.]
2.48.035 Extension of water for emergency fire service permitted beyond the city limits.
Extension of water service outside of the city limits for emergency fire service only may be permitted without benefit of a utility extension agreement as required in ECC 2.48.030 if all of the following conditions are met:
A. The extension provides an operational enhancement of the city’s water utility system through looping of water lines;
B. The extension is constructed at no cost to the city;
C. Construction of the extension shall be completed to current city public works development standards;
D. Upon completion, the property owner shall convey ownership of the extension to the city’s water department;
E. Upon completion, the property owner shall grant easements to the city which allow access for maintenance, construction, reconstruction, improvement, repair, and the placement of other public and private utilities;
F. No physical connection to the extension except connection to fire hydrants by authorized emergency services personnel will be permitted until a utility extension agreement in accordance with ECC 2.48.030 has been executed by the property owner requesting connection to the constructed system; and
G. The proposal to extend service is considered and approved after holding a public hearing as set forth in ECC 2.48.060(B). [Ord. 4575 § 2, 2010.]
2.48.040 Utility service application.
A. Any person owning property outside the city limits and desiring to have their property connected to the city’s water supply system or sanitary sewer system shall be required to make application for both water and sanitary sewer service together and shall make application at the office of the Ellensburg community development department on the appropriate form. Any person owning property outside the city limits and desiring to have their property connected to the city’s electric system shall make application at the energy services department on the appropriate form. Every such application shall be made by the owner of the property to be connected and supplied the service, or by his/her authorized agent. The applicant must state fully the purposes for which the water and sewer service or electric service is required. Applicants must agree to conform to the city’s rules and regulations concerning water, sewer and electric service as set forth in this title and in ECC Title 9, as the same now exists or may exist in the future.
B. If the city receives such a utility service application and subsequently issues a notice to serve, such notice to serve shall expire within six months of the date of issuance, if the applicant does not pay the required fees and request an actual hook-up or connection to the subject property within that time period. [Ord. 4589 § 1, 2011; Ord. 4503 § 3, 2007.]
2.48.050 Charges for water or sewer service.
Applicants for water and sanitary sewer service to property outside the city limits shall be charged the rates for such service as set forth in those relevant Ellensburg City Code chapters as those code sections now exist or may hereafter be amended. Other additional charges applicable to water and sewer service to property for the purpose of offsetting city costs to review development proposals and subsequently perform inspection services of the public improvements of developments subject to the approved applications for service shall also be imposed on such property, as set forth in applicable sections of the Ellensburg City Code and the city’s public works development standards. [Ord. 4503 § 3, 2007.]
2.48.060 Utility extension agreements – Terms and conditions.
A. Every applicant for water, sewer or electric service outside the city limits must agree to sign an agreement with the city, upon terms provided by the city council, which agreement shall condition the provision of the service on the following terms:
1. Agreement to Run with the Property. The agreement shall be recorded against the property in the Kittitas County auditor’s office, at the cost of the applicant, and shall constitute a covenant running with the land. All covenants and conditions of the agreement shall be binding on the owner and all other individuals subsequently acquiring any right, title or interest in or to the property.
2. Warranty of Title. The agreement shall be executed by the owner of the property, who shall warrant that he/she is authorized to enter into such agreement. The city may request a recent title report for the property.
3. a. Costs of Design Engineering and Construction of Extension. The owner shall agree to pay all costs of design, engineering and construction of the extension of water, sanitary sewer, and required street improvements associated with the project and, when included in the project, natural gas and electrical services from Ellensburg. The design, engineering and construction of the required public improvements shall be performed according to city standards and conform to plans reviewed and approved by the city public works director.
b. Costs of plan review and construction inspection shall also be paid by the owner according to the cost schedule incorporated in the city’s public works development standards and made part of ECC Title 4.
4. Easements and Permits. The owner shall secure and obtain at the owner’s sole cost and expense all permits, easements and licenses necessary to construct the extension.
5. Dedication of Capital Facilities. If requested by the city, the owner shall agree to dedicate all capital facilities constructed as part of the water and sanitary sewer extension (such as water or sewer main lines, pump stations, wells, etc.) at no cost to the city, upon the completion of construction, approval and acceptance by the city.
6. Connection Charges. The owner shall agree to pay the connection charges set by the city in the relevant sections of the Ellensburg City Code as these sections now exist or may hereafter be amended, as a condition of connecting to the city water and sanitary sewer systems. Such connection charges shall be calculated at the rate schedules applicable at the time of actual connection. In addition, such connection charges shall be paid by the owner for connection to the natural gas and electrical systems if requested by the owner. In the event sewer service is requested to address a failed septic system, the owner may request relief from the requirement to concurrently connect to both water and sewer by executing a commitment to connect to the city water system, and pay all design, permit and construction fees associated with the service line and any necessary water main line extensions, within three years of execution of the utility extension agreement.
7. Service Charges. The owner shall agree to pay for utility service rendered according to the rates for services applicable to properties outside the city limits as such rates exist, or as they may be hereafter amended.
8. Agreement Not to Protest Annexation. The owner shall provide the city with an irrevocable power of attorney to allow a city representative to sign a petition for annexation on behalf of the property owner or the property owner shall agree to sign a petition for annexation of the owner’s property when requested to do so by the city. This provision shall be limited in time to 10 years after execution of the agreement, and shall only be exercised by the city if the owner’s property is within an area that the city is allowed by law to annex (including, but not limited to, an urban growth area).
9. Waiver of Right to Protest LID or When Improvements Are Required by City Council. If, at the time of execution of the agreement, the city has plans to construct certain improvements that would specially benefit the owner’s property, the agreement shall specifically describe the improvement. The owner shall agree to sign a petition for the formation of a LID or ULID for the specified improvements at the time one is circulated, and to waive his/her right to protest formation of any such LID or ULID. The owner shall also agree that the city council has the authority to require construction of any and all of the improvements identified in subsection (A)(10) of this section even in the absence of a LID or ULID. In such instance, owner agrees to participate in paying for the cost of such improvements to the same extent and manner as if a LID or ULID had been formed, and without in any manner protesting, objecting to, or otherwise opposing the city council’s decision to require construction of the improvements.
10. Public Works Development Standards. The owner shall agree to comply with all requirements of the city’s public works development standards which are on file with the city clerk, as these standards now exist or may hereafter be amended, including but not limited to standards for all water, sanitary sewer, natural gas, electrical service, surface water flow control and treatment, street, sidewalk, curb and gutter, street sign, and street light improvements required of the project.
11. Liens. Delinquent payments under the agreement shall constitute a lien upon the property. If the extension is for sewer service, the lien shall be as provided in RCW 35.67.200, and shall be enforced in accordance with RCW 35.67.220 through 35.67.290, all as now enacted or hereafter amended. If the extension is for water service, the lien shall be as provided in RCW 35.21.290 and enforced as provided in RCW 35.21.300, all as currently enacted or hereafter amended.
12. Termination for Noncompliance. In addition to all other remedies available to the city for the owner’s noncompliance with the terms of the agreement, the city shall have the ability to disconnect the utility, and for that purpose may at any time enter upon the property.
B. A public hearing shall be held on the utility extension agreement, which shall include all of the above terms and conditions, and any other standard contract terms. The city council may approve the inclusion of additional contract terms, including but not limited to terms that are consistent with the Ellensburg public works development standards and comprehensive plan provisions. The utility extension agreement shall be authorized for execution by the mayor after approval of a council resolution authorizing the approval of the application for service. [Ord. 4589 § 2, 2011; Ord. 4503 § 3, 2007.]