Chapter 15.08


15.08.010    Required—Contents.

15.08.020    Application not binding.

15.08.025    Application for service outside city limits.

15.08.040    Installation dependent on available facilities.

15.08.041    Owners of property benefitted to pay for modification.

15.08.050    Acceptance of application deemed contract.

15.08.060    Use of service for specified purpose only.

15.08.010 Required—Contents.

The city will require prospective customers to sign an application for water service or sewer service. The application must be made in writing or on a standard form at the office of the public works department. The application shall set forth:

(1)    Signature of applicant;

(2)    Owner of premises to be served;

(3)    Location of premises;

(4)    Address of party paying bills;

(5)    The size of service pipe required;

(6)    Purpose for which service is to be used;

(7)    Payment of all required fees as established in this title and in Section 5.74.040. (Ord. 4215 § 2, 2009: Ord. 3368 § 2 (part), 1993: Ord. 2062 § 2.01, 1969)

15.08.020 Application not binding.

The application is merely a written request for service and does not, in itself, bind the city to serve. (Ord. 2062 § 2.02, 1969)

15.08.025 Application for service outside city limits.

The city may, by contract with a requesting property owner, agree to permit a connection to the water and/or sewer facilities of the city in order to serve property outside the city limits, subject the following:

(1)    Property Contiguous to the City Limits. Property which is contiguous to the city limits must be annexed to the city prior to application for service. Connection shall then be requested in the manner provided in Section 15.08.020; provided, however, that the city may, only when deemed to be in the best interest of the city and property owner, permit application to be filed and connection to the system made prior to the effective date of the annexation, but in no event, shall a connection be made to the system prior to the filing with the city of the petition to annex required by RCW 35A.14.120, signed by owners of not less than seventy-five percent of the assessed valuation of the property sought to be annexed, including the property for which the connection to the system is requested.

(2)    Property which is Not Contiguous to the City Limits. When property is not contiguous to the city limits, an application for service outside the city limits may only be considered by the city for acceptance subject to the following:

(A)    At the time of making application, the property owner shall enter into an agreement with the city to annex the property to the city at such time as it becomes contiguous to the then existing city limits. Such agreement shall be in a form sufficient to run with the land and shall be recorded with the King County recorder’s office.

(B)    The use and structure to be served by the proposed connection shall be consistent with the Kirkland land use policies plan.

(C)    Any development or construction required prior to connection shall be accomplished in accordance with the required standard of King County and, insofar as practical, the development standards contained in the Kirkland Municipal Code, including those standards relating to land surface modification and storm and surface water control.

(D)    If an application for sewer service outside the city limits is not within the “city growth boundary” as defined by the city comprehensive plan, then service may be provided to the subject property provided an interlocal agreement between the city and the city or county or sewer district in which the property resides is drafted and recorded. The interlocal agreement shall allow the city to serve the subject property with sewer.

(E)    Before connection is made, the property owner shall enter into a water/sewer connection and service contract with the city, which contract shall include the terms and conditions under which the city will permit connection (including extension of the system where required) to the water/sewer system and following connection to provide water and/or sewer service to said property. (Ord. 4491 § 11 (part), 2015; Ord. 3368 § 2 (part), 1993: Ord. 2499 § 1, 1979)

15.08.040 Installation dependent on available facilities.

The installation of any water or sewer service line is dependent upon available adequate water or sewer facilities. The public works department is not required to approve an application and make installation where a modification to the system would be necessary to make facilities available. As used herein, the phrase “modification” or “modification to the system” means the construction or installation of any new trunk service line or collector line, or the extension of any such existing line or any replacement of such facilities to increase the capacity flow where the system is inadequate to handle the increased demand that would result from the applicant’s proposed use. Modifications shall also include the installation of fire hydrants where required for adequate fire protection as determined by the department of fire services. (Ord. 3368 § 2 (part), 1993: Ord. 2309 § 1, 1976: Ord. 2062 § 2.04, 1969)

15.08.041 Owners of property benefited to pay for modification.

The cost of any modification to the system shall be borne by each property abutting upon or benefiting from such modification or by the owners of such property. (Ord. 3368 § 2 (part), 1993: Ord. 2309 § 2, 1976)

15.08.050 Acceptance of application deemed contract.

If written application for service is approved by the city, the application shall be considered as a contract in which the applicant agrees to abide by such rates, rules and regulations as are in effect at the time of signing the application or as may be adopted thereafter by the city and to pay all charges, rates and fees promptly. (Ord. 3368 § 2 (part), 1993: Ord. 2062 § 2.05, 1969)

15.08.060 Use of service for specified purpose only.

No person receiving water or sewer service from the city water system shall be entitled to the use thereof for any purpose other than that stated in the application, nor to grant service in any way to other persons or premises. (Ord. 2062 § 2.06, 1969)