Chapter 13.36
WATER AND SEWER SERVICE EXTENSIONS OUTSIDE OF CITY LIMITS

Sections:

13.36.010    Intent.

13.36.020    Applicable policies – Sewer service.

13.36.030    Applicable policies – Water service.

13.36.040    Additional policies – Both sewer and water service.

13.36.010 Intent.

The statement of policy set forth in this chapter is intended to be general in scope and advisory only, and is not intended to be a limitation on the exercise of discretion and judgment by the City Council on any occasion when an application for City sewer and/or water service is made. Such service will be permitted only on an individual contractual basis for specific property, which contract or agreement will specify the terms and conditions of such service in detail, including any exceptions allowed and any conditions imposed which may be different from the statement of policy of this chapter. The City shall not have an express or implied obligation to provide sewer and/or water service to any property outside the City limits unless a specific contract therefor is approved by the City Council and the owners and occupants of the property continue to comply therewith in all respects. (Ord. 716 § 3, 1983)

13.36.020 Applicable policies – Sewer service.

A.    When City sewer service is sought for property contiguous to existing City limits which is of such a size and configuration to merit its immediate annexation, in the opinion of the Zoning Administrator, the annexation of that property to the City shall be a condition of its receiving such service.

B.    An application for City sewer service to property not meriting immediate annexation will only be considered if the application is for governmental or residential uses on property located in the City’s immediate service area. The City’s immediate service area comprises that property designated by the City Council from time to time as being eligible for consideration of City sewer service without prior annexation to the City.

C.    An application for City sewer service for such uses on such property located in the City’s immediate service area will only be considered, unless the City Council allows an exception, if the property is also to utilize City water service.

D.    An application for City sewer service for such uses on such property located in the City’s immediate service area will only be considered under circumstances which will allow the development of that property to be controlled by City ordinances, codes, regulations, standards and policies, all as if such property were within the City.

E.    An application for City sewer service for such uses on such property located in the City’s immediate service area will only be considered under circumstances which will ensure future annexation of such property to the City at such time as the City determines its annexation to be feasible and in the City’s best interests. (Ord. 716 § 1, 1983)

13.36.030 Applicable policies – Water service.

A.    When City water service only is sought for property contiguous to existing City limits which is of such a size and configuration to merit its immediate annexation, in the opinion of the Zoning Administrator, the annexation of that property to the City shall be a condition of its receiving such service.

B.    An application for City water service only to property not meriting immediate annexation will only be considered under circumstances and on conditions that will either satisfy the City Council’s policies applicable to sewer service or otherwise safeguard and protect all the City’s interests related to the provision of such service on an individual case-by-case basis. (Ord. 716 § 2, 1983)

13.36.040 Additional policies – Both sewer and water service.

A.    When either City sewer service or City water service, or both, are sought for property outside the City limits, same may be granted only upon approval by motion of the City Council. In the event the City Council decides that any such application should be granted, the City Council may attach conditions to the granting of such application as the City Council deems advisable under the circumstances surrounding that application, which conditions shall include the execution by the owners and occupants of the property of an outside utility agreement approved by the City Council.

B.    In addition to compliance with the policies enumerated in FMC 13.36.020 and 13.36.030 and other conditions attached to the granting of any such application, the City Council will not normally approve an outside utility agreement for water and/or sewer service unless the following additional conditions have been satisfied or agreed to in conjunction with the agreement by all owners and occupants of the property for which such service is to be provided:

1.    The City shall be provided an accurate legal description and the names of all owners and occupants of the property;

2.    The City shall be provided a binding commitment by the owners of the property that all lines and facilities for such service will be completed to City standards in accordance with all City ordinances and regulations relating to installation and costs; that all costs involved in providing the lines and other facilities required for such service will be paid in full by the owner of the property; and that ownership of all main lines will vest in the City upon their completion;

3.    The City shall be provided a bill of sale transferring the ownership of all main lines constructed for such service to the City immediately upon their completion;

4.    The City shall be provided with easements satisfactory to allow entry upon private property for maintenance and repair of all main lines constructed for such service which are not located within public rights-of-way, which easements shall be provided immediately upon completion of the main lines;

5.    The City shall be provided accurate as-builts of all lines and facilities constructed for such service immediately upon their completion;

6.    The City shall be provided a bond issued by a corporate surety authorized to do business in the state of Washington to ensure the successful operation of all lines and facilities constructed for such service for a period of two years from the date service is commenced in such form that performance thereunder by the surety may be directly required by the City;

7.    The City shall be provided a binding commitment by the owners and occupants of the property to pay all connection fees and charges prescribed by City ordinances at the time of connection and all regular monthly service charges and outside utility surcharges prescribed by City ordinances during the period of service;

8.    The City shall be provided a binding commitment by the owners and occupants to provide such documents and take such steps as may be required by the City ordinance or administration or otherwise to ensure that all the City Council’s policies and conditions relative to any grant of utilities outside the City limits will be complied with by all existing and future owners and occupants of the property served under penalty of cessation of such service, injunctive relief against noncompliance, and any other legal or equitable remedy allowed by law. (Ord. 716 § 3, 1983)