Loading...
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