Chapter 13.24
SERVICE BEYOND CITY LIMITS1
Sections:
13.24.005 Preannexation agreements.
13.24.020 Within water service area – Terms and conditions.
13.24.030 Beyond water service area – Conditions.
13.24.040 Beyond water service area – Application.
13.24.050 Consideration of NAS Whidbey Island Air Installation Compatible Use Zones latest edition.
13.24.090 Design standards – Backflow prevention.
13.24.005 Preannexation agreements.
(1) The city council establishes as a policy and directs that within the currently established zone of influence and the urban growth area no water connection to or expansion of a water connection already existing to the Oak Harbor water system shall be allowed unless the property owners and the underlying lien holders agree that the city is authorized to proceed with annexation of the property and further agree not to contest the annexation of the property.
(2) If water is to be supplied to a new subdivision or development within the urban growth area, all new or subsequent water systems development within that subdivision or development shall be to city standards.
(3) If any person claims that this condition for water connection is unduly burdensome or that there is no likelihood that the property will be annexed within 10 years after connection, they may petition the council to be relieved of this obligation. The council in reaching its decision on this issue shall take into consideration the burdens created, the need to promote orderly growth, land use and the likelihood that the property will be annexed to the city within 10 years of the date of the agreement. (Ord. 1252 § 1, 2001; Ord. 954 § 1, 1993).
13.24.010 Categories.
(1) Water service beyond the city limits shall fall into two categories:
(a) Outside the city limits but within the city’s water service area;
(b) Outside the city limits and beyond the city’s water service area.
(2) OHMC 13.24.050 through 13.24.100 shall apply to both categories. (Ord. 879 § 1, 1991).
13.24.015 Water service area.
The water service area of the city of Oak Harbor is defined by resolution. (Ord. 1036 § 1, 1996).
13.24.020 Within water service area – Terms and conditions.
Water service to premises shall be subject to the following terms and conditions:
(1) Water service to premises within the city’s water service area will be subject to all the rules and regulations of this title that pertain to premises within the city limits.
(2) All rates for water service beyond the city limits, but within the city’s water service area, will be established by ordinance for this class of service.
(3) System development charges in the water service area outside city limits shall be at the same rate as the system development charge for three-quarter-inch meters times the maximum number of expected equivalent residential units to be provided from the system. It is further provided that this fee may be reduced by agreement when the applicant installs system improvements as specified under Chapter 13.48 OHMC as now in effect or hereafter amended.
(4) Plans for water systems must be approved by the city engineer and the public works superintendent or his or her designee.
(5) The city shall own all lines and systems up to and including the meter. Such lines and system elements shall be located in easements given to the city or in public rights-of-way. (Ord. 1166 § 8, 1999; Ord. 879 § 1, 1991).
13.24.030 Beyond water service area – Conditions.
The city council may, at its discretion, supply water to areas beyond the city’s water service limits on the following conditions:
(1) All sales of water beyond the water service limits of the city will be made only to another municipal or governmental unit such as Island County, a water district organized according to state law, another city, etc.
(2) There must be a finding by the city council that the city has an excess water supply available for the service requested.
(3) Sales, at the discretion of the city, will be through a master meter.
(4) Meters will be allowed only at points and of sizes approved by the public works superintendent or other person designated by the public works superintendent to be in charge of the water utility. The applicant will pay full costs of providing services to the designated area. Master meters shall be a minimum of two inches in diameter.
(5) System development charges for areas outside the water service area shall be at the same rate as the system development charge for three-quarter-inch meters times the maximum number of expected equivalent residential units consumption to be provided by the water services; provided, that this fee may be reduced by agreement when the applicant installs storage capacity which significantly reduces the impact on peak demand times.
(6) Adequate storage at least equal to the estimated peak daily demand for the area to be served shall be provided by the applicant. The method for meeting this requirement shall be established in the agreement authorizing the connection to the Oak Harbor water system.
(7) Ownership of the water system beyond the meter shall be vested in the applicant and the operation, repair, expansion and renewal of the system beyond this point shall be the responsibility of the applicant. The city’s responsibility shall terminate at the master meter.
(8) Each system served by a master meter shall have a licensed system operator.
(9) All costs associated with connecting to the city’s system shall be paid by the applicant. (Ord. 1166 § 9, 1999; Ord. 879 § 1, 1991).
13.24.040 Beyond water service area – Application.
Application for water service, as in OHMC 13.24.030, shall be made to the city council. The application shall include a detailed description of the area to be served, the name of the body which will be responsible for the service charges, the estimated maximum daily amount of water required, an estimate of system development charges and such other information as the council may deem necessary. Service to additional areas not included in the original application shall require a separate application and approval. Each year after acceptance, an update of the information shall be provided to the city engineer. (Ord. 879 § 1, 1991).
13.24.050 Consideration of NAS Whidbey Island Air Installation Compatible Use Zones latest edition.
NAS Whidbey Island Air Installation Compatible Use Zones shall be considered by the council in making its decision on the granting or denying of water service beyond the water service area. If amelioration measures are required to bring the development in compliance, the applicant shall pay for all costs to assure such compliance. (Ord. 879 § 1, 1991).
13.24.060 Fire hydrant.
The charge for connecting a fire hydrant to a city line outside city limits shall be per the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 65, 2014; Ord. 879 § 1, 1991).
13.24.070 Interruptability.
The city may sever connection to a water service customer when:
(1) Supplies of water are inadequate to handle the city requirements of customers inside the city limits or U.S. Navy;
(2) Temporary water shortage; and
(3) Emergency conditions requiring full water supply to the city of Oak Harbor. (Ord. 879 § 1, 1991).
13.24.080 Draw down.
A customer outside the city limits may not draw water out of the mains in such a way as to impair water service to the city of Oak Harbor. (Ord. 879 § 1, 1991).
13.24.090 Design standards – Backflow prevention.
(1)(a) The design standards for any water system beyond a master meter shall meet or exceed the Washington State Department of Health’s minimum standards for public water supplies. All materials used in the system shall be AWWA approved.
(b) A backflow prevention valve shall be required in conjunction with each master meter.
(c) Current systems using master meters shall install backflow prevention valves within one year from the date of the ordinance codified in this chapter.
(2) Applicant and their successor’s interest shall be responsible to assure that all systems are in compliance with county and state standards. (Ord. 879 § 1, 1991).
13.24.100 Disconnection.
Any violation of the requirements of this chapter may be cause for discontinuance of service to the system by the city council. Unless an emergency condition exists, any such action would be taken only after the customer had been advised in writing of the violation before hearing on the matter. (Ord. 879 § 1, 1991).
13.24.110 Penalty.
It is hereby declared a gross misdemeanor punishable by a fine of up to $5,000 or one year in jail or both such fine and jail time to make an unpermitted connection to the city water system. (Ord. 879 § 1, 1991).
Prior legislation: Ords. 403 and 438.