Chapter 8.26
UTILITY EXTENSIONS
OUTSIDE CITY LIMITS
Sections:
8.26.040 Utility extension agreement and covenant – Annexation.
8.26.050 Failure of annexation – Reduction of city limits.
8.26.060 Reduction of city limits.
8.26.010 Purpose.
The city of Rock Island and the area surrounding it have greatly expanded in industry, business, housing and population, and it is and has been the policy of the city to encourage this growth in an orderly and responsible manner so as to ensure the public health, safety, and welfare and protect to the greatest degree possible the quality of life of the citizens affected. Realizing that it has been through the extension of water utility services that expansion has been possible, it is the policy of the city that property to which water utility services are extended become annexed to the city. This chapter confers upon the city administration all necessary and reasonable authority to carry out this policy. (Ord. 97-002 § 1).
8.26.015 Application.
Any application for annexation or the provision of utility services outside the city limits shall be subject to the requirements set forth in Chapter 8.50 RIMC, as existing or hereafter amended. (Ord. 14-133 § 1).
8.26.020 Policy.*
Except as set forth in RIMC 8.26.025, it is the policy of the city to require annexation before city utility services are extended to property outside the city limits. In the case of property proposed for annexation, the city will extend the city’s utility services before the annexation process is completed, provided the following conditions are met:
A. The annexation initiator’s 10 percent petition is signed by the owners of at least 60 percent in value of the property for which annexation is sought prior to acceptance or geographic modification by the city council;
B. The city council accepts or geographically modifies the annexation initiator’s 10 percent petition at the meeting between the city council and the initiators of the annexation held pursuant to RCW 35A.14.120 as the same exists now or may hereafter be amended; and
C. All applicants for the extensions of utility services outside the city limits comply with the terms of this chapter including, but not limited to, the execution of the city utility extension agreement and covenant described in RIMC 8.26.040.
D. The applicant for the extension of utility service to the property proposed to be annexed complies with Chapter 8.50 RIMC, as existing or hereafter amended. (Ord. 14-133 § 2; Ord. 97-006 § 1; Ord. 97-002 § 1).
*Code reviser’s note: For statutes regarding annexation and the meaning of “10 percent petition,” see RCW 35A.14.120.
8.26.025 Exception.
Existing lots located outside of the city limits which front existing city water mains and to which connection may be made with adequate water pressure, as determined by the city administrator, in consultation with the city engineer, based upon Washington State Department of Health standards, as forth in WAC 246-290-230, as existing or hereafter amended, may apply for water extensions as set forth herein, without first petitioning for annexation. However, all such applicants shall comply with the requirements set forth in Chapter 8.50 RIMC as existing or hereafter amended, and shall execute the city utility extension agreement and covenant described in RIMC 8.26.040. (Ord. 14-133 § 3; Ord. 97-006 § 2).
8.26.030 Application.
In addition to standard applications for water service, all applicants for the extension of services outside the city limits shall provide such other information as may be requested by the city clerk, including but not limited to a full description of the current property uses and proposed future uses of the property for which the extension of city utility services is requested. (Ord. 97-002 § 1).
8.26.040 Utility extension agreement and covenant – Annexation.
All applicants for the extension of utility services outside the corporate limits of the city shall execute such agreement as is deemed necessary by the mayor and in a form approved by the city attorney to ensure that the annexation process for the property of the applicant or any person claiming title through the applicant will be continued, or in the case of an exception pursuant to RIMC 8.26.025, the annexation process will be started when deemed necessary by the mayor. Such agreement shall provide that following an unsuccessful application for annexation to the city or in the case of an exception pursuant to RIMC 8.26.025, the annexation process shall be recommenced when the mayor determines the annexation petition process, as provided for in RCW 35A.14.120 as it now exists or as it may hereafter be amended, should be recommenced or commenced by the applicant. In the event the applicant refuses to execute any agreement so required or attempts to impair or repudiate any agreement executed by the applicant, the city’s duty to supply utility services to the property shall cease. Any such agreement shall run with the land and be binding upon the applicant and the applicant’s heirs, successors and assigns, regardless of whether the annexation is successful or not. Any such agreement shall provide that the amount of the utility services made available to the applicant shall not exceed the amount necessary to serve the current property uses and proposed future uses described in the application filed with the city pursuant to RIMC 8.26.030 to the extent that the city planner determines that the future uses are consistent with the comprehensive land use plan and, if adopted, preannexation zoning. (Ord. 97-006 § 3; Ord. 97-002 § 1).
8.26.050 Failure of annexation – Reduction of city limits.
In the event the property that is the subject of an agreement executed pursuant to this chapter fails to become annexed into the city due to a decision by the city not to annex, the provisions of the agreement executed pursuant to this chapter shall continue and require the property owner or successor in ownership to commence additional annexation petitions at any time as requested by the mayor. (Ord. 97-002 § 1).
8.26.060 Reduction of city limits.
In the event that property that is the subject of an agreement executed pursuant to the terms of this chapter becomes annexed and then is removed from the city as a result of the reduction of the city limits (except when initiated by resolution of the city council), the city’s duty to provide utility service to any such property shall cease. (Ord. 97-002 § 1).