HomeMy WebLinkAbout2659 Resolution VA
RESOLUTION NO. 2659
A RESOLUTION PROVIDING LIMITED AUTHORITY FOR NEW
WATER SYSTEM CONNECTIONS OUTSIDE THE CITY.
WHEREAS, city policy, as reflected in PMC 13.16.011, has long prohibited new
connections to the city water system without an outside utility agreement binding the property
owner to future annexation of the benefiting parcel by the petition method of annexation; and
WHEREAS, the state Supreme Court recently determined that the petition method of
annexation, as currently provided by state law, violates the "privileges and immunities clause" of
the Washington State Constitution; and
WHEREAS, the court's decision effectively eliminates the ability of property owners
and/or the city to use the petition method of annexation, thus rendering the city's outside utility
agreements meaningless and no longer a binding commitment to annex; and
WHEREAS, the City Council deliberated the circumstances and consequences relevant
to this matter at its workshop meetings of April 8 and 29; and
WHEREAS, the City Council finds that several land parcels outside the city have
received formal plat approval from Franklin County to include extension of the city water system
at the expense of the landowner and others have been issued building permits dependent upon
connection of a new home to the city water system; and
WHEREAS, the City Council finds it should restrict its limited water system capacity to
serve lands within the city, except those parcels outside the city which reflect certain
circumstances,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO RESOLVE AS FOLLOWS:
Section 1. That PMC 13.16.011 shall be construed to prohibit new connections to the city
water system for parcels outside the city limits, unless such parcel meets at least one of the
following criteria:
a) A lot for which a building permit was lawfully issued by Franklin County prior to
March 20, 2002;
b) Any lot with an existing home dependent on an on-site well for potable water
hereafter declared by the Benton Franklin Health District in writing to be unusable for
potable water and which the District certifies cannot meet regulations to contain a
new well;
y I.
c) Any lot within a preliminary plat lawfully approved by Franklin County prior to April
20, 2002 which lot is also served by a water line extended as part of the approved
plat, specifically including:
• West Vineyard Estates
• Butter Creek Estates
o Meadows West
o Farrell Addition
o Diamond Ridge
d) Any parcel whose owner satisfactorily demonstrates (through verified receipts, etc.)
that it has previously paid for extension of a city water line to serve the subject parcel.
Section 2. The owner of any parcel meeting one of the criteria in Section 1 hereinabove
shall execute an outside utility agreement with the understanding the city may use it for any
legislatively or judicially approved method of annexation.
Section 3. The City Manager is hereby authorized and directed to institute such
administrative policies and practices as deemed necessary and appropriate to fully effect this
policy.
PASSED by the City Council of the City of Pasco at its regular meeting this 6`h day of
May 2002.
CITY OF PASCO:
i
Michael L. Garrison, Mayor
ATTEST:
Catherine D. Seaman Leland B. Kerr
Deputy City Clerk City Attorney