Chapter 7.50
SERVICE OUTSIDE ANNEXED AREAS

Sections:

7.50.010    Policy.

7.50.020    Criteria.

7.50.030    Terms and conditions.

7.50.040    Covenant of no protest.

7.50.050    Comprehensive plan amendment.

7.50.010 Policy.

The Board of Commissioners of the Lake Stevens Sewer District shall retain the discretion to decide whether sewer services are provided beyond the District’s annexed boundaries. As a matter of general policy, annexations should be generally preferable over service by contract to property beyond the District’s annexed boundaries. This general policy will not be controlling in all circumstances, however. [Res. 638 § 1, 1998.]

7.50.020 Criteria.

In determining whether to exercise its discretion, the Board shall consider the following factors:

(1) Whether an appropriate application for a contract for sewer services has been filed with the District;

(2) Whether the property seeking sewer service lies within the service territory identified in the District’s adopted comprehensive plan;

(3) Whether, upon review by the District’s engineers, it has been determined that providing the requested sewer service will not adversely affect the remainder of the District’s customers;

(4) Whether providing the requested sewer service will be consistent with the adopted rules, regulations and standards of the District. [Res. 638 § 2, 1998.]

7.50.030 Terms and conditions.

Provision of sewer service beyond the District’s annexed boundaries shall be by written contract including such terms and conditions as the Board of Commissioners deems appropriate under the circumstances including, but not limited to, the following:

(1) Construction according to the plans and specifications approved by the District’s staff and engineers;

(2) Inspection and approval by the District of any extensions or similar improvements required to provide service;

(3) Transfer to the District of any such extensions or improvements without cost to the District upon acceptance by the District of such extensions or improvements;

(4) Payment of all required fees and charges to the District;

(5) Full compliance with the owner’s obligations under the written contract and with the District’s administrative policies, rules and regulations;

(6) A provision of sufficient security to the District to ensure completion of the extension or improvements and other performance under the contract;

(7) Payment by the person or entity requesting service to the District of all of the District’s costs associated with such extension or improvements including, but not limited to, the District’s engineering, legal and administrative costs; and

(8) Verification and approval of all contracts and costs related to such extension or improvements. [Res. 638 § 3, 1998.]

7.50.040 Covenant of no protest.

Approval of any contract for provision of sewer service beyond the annexed boundaries of the District shall be contingent upon agreement by the person or entity seeking such service to a covenant of no protest for any future annexations, formation and construction of any utility local improvement districts, or construction of any capital projects of the District. [Res. 638 § 4, 1998.]

7.50.050 Comprehensive plan amendment.

The following policy is hereby adopted as a planning policy of the Lake Stevens Sewer District: Prior to extending sewerage service to an area outside the Lake Stevens urban growth boundary, the District will engage in the comprehensive plan amendment process of RCW 57.16.010. [Res. 784, 2007.]