RES 89-01 LIMITING WATER AND SEWER SERVICE AREA IN CITY OF WINSLOW RESOLUTION NO. 89-01
A RESOLUTION OF THE CITY OF WINSLOW, WASHINGTON, LIMITING
THE W~'l'~ AND SEWER SERVICE AREA OF THE CITY OF WINSLOW.
WHEREAS, the City of Winslow, Washington's, first obligation is to
provide high quality sewer and water service to existing custcmers and
taxpayers within the city limits; and
WHEREAS, at this time the City of Winslow, Washingten, maintains
high quality systems to provide sewer and water to the residents of the
City of Winsl~ and
WHERFAS, the city has limited personnel and other utility resources
and nust allocate them to serve the citizens of Winslow, and is unable to
serve other areas of the Island; and
WHEREAS, standards for construction, maintenance and operation vary
widely for neighboring water systems; and
WHtlREAS, the City of Winslow, Washington, CuL~rehensive Water Plan
is based on seven (7) key assumptions. Relevant ones are:
1. Projected area population growth will range frcm two (2) percent
to six (6) percent.
2.Service area will be added only at the request of property
owners.
7. Tne city plans to budget approximately $50,000 per year for
water system improvement projects.
NOW THEREFORE, the City Council of the City of Winslow, Washington,
resolves as follows:
Section 1. It is in the best interest of the health, welfare and
safety of the citizens of Winslow to limit sewer and water service to those
properties within city limits.
Section 2. It is necessary to fulfill legal obligations of contracts
and agreements which pre-date this resolution and thereby provide sewer and
water service required by those agreements.
Section 3. Therefore, it is the policy of the City of Winslow,
Washington, that sewer and water service will not be provided to properties
outside city limits except where it pre-dates this resolution or is part of
a pre-existing contract or agreemaent.
Section 4. Further, it is the IDolicy Of the City of Winslow, Washington,
that any property that is contiguous but not within the corporate boundaries of
the City of Winslow wishing to obtain city water and/or sewer services must:
a. Annex to the city; or
b. Sign an agreement to diligently pursue annexation. Such agreement
shall be similar to exhibit A attached to this resolution.
Section 5. Any property that is not within the corporate boundaries
of the City of Winslow and that is not contiguous to the city boundary shall
not be eligible to obtain city water and/or sewer service unless and until
it beccmes contiguous and annexes to the corporate limits of the City of
Winslow.
Section 6. ~qis policy shall be applicable to the City of Winslow
Cu~rehensive Water Plan and/or CaL~rehensive Sewer Plan as it now exists
or as it shall be amended.
Section 7. This policy shall define the City of Winslow's participation
in the Kitsap County Coordinated Water System Managenent Plan and the Kitsap
COLunty Satellite System Management Plan or any future regional water management
plans.
RESOLVED BY THE CITY COUNCIL of the City of Winslow, Washington, this
5th day of January , 1989.
ATIYST/AUTHENTICATE:
ALICE B. T.AWRES~Y, Ma~or~
OWNER:
CITY OF WINSLOW
AGREEMENT FOR TEMPORARY
UTILITY SERVICE
LEGAL DESCRIPTION:
COMMON DESCRIPTION:
In consideration of the mutual covenants and promises herein, the
undersigned, owner/occupant or their successor or assigns of the
above described real property (hereafter owner) located in Kitsap
County, Washington, and the City of Winslow, Washington,
(hereafter the city) agree as and for temporary city domestic
water and/or sewer service for said property, and in
consideration of the furnishing of such service by the City and
the payment for such service:
1. The term of this agreement shall be until the
completion of annexation occurs.
POST OFFICE BOX 10100 · WINSLOW, WASHINGTON 98110 · PHONE (206)842-7633
Agreement for Temporary Utility Service
page 2
Service and connection fees shall be paid by owner
prior to and after annexation to the City as routinely
required for such water and/or sewer service.
Payment of service charges, assessments, participation
fees, inspection fees and/or additional connection
charges required by City ordinances to be paid for the
above mentioned service will in no way relieve the
above described property from its share of any future
local improvement district payments or payments in lieu
of local improvement district utility assessments which
may be assessed to pay all or a portion on the expense
of installing main or mains, together with necessary
valves, fire hydrants, pipe fittings and all other
appurtenances with may be installed to serve a
district which includes the property described above;
provided that a credit for payment made shall be
allowed toward a local improvement district assessment
when such improvement assessment is of the same
character as the service granted under this agreement.
The City shall have the right to inspect any structure
or building on the above described property to
determine whether or not said buildings have any
defects which are unsafe, unsanitary or in any way are
detrimental tot he welfare of the general public or to
the owner/occupant of the buildings.
Upon annexation, any future new construction,
alterations, additions or repairs shall meet the
requirements of the City codes for building, plumbing,
electrical and zoning prior to starting any work.
The owner agrees to sign any document requests at any
time by the City leading to annexation to the City and
to actively pursue, promote, and participate in the
future annexation of said property to the City of
Winslow and further, will not object to the future
formation of a local improvement district for domestic
water and/or sewer for any district which includes the
above described property.
The owner agrees to pay to the City all utility charges
as fixed by ordinance of the City for property located
outside the city limits until annexation is completed.
The owner agrees to construct and maintain such private
water and/or service connections in accordance with
city plans and specifications and under the
Agreement for Temporary Utility Service
page 3
10.
11.
supervision of the City Engineer without cost or
expense to the City.
Owner agrees that if the terms and conditions of this
agreement are not faithfully kept and performed, or at
the expiration of the term of this agreement, the City
Engineer or his delegate may disconnect the utility
service.
Owner agrees the City Engineer or his delegate is
authorized to enter the premises for that purpose of
disconnection and in such event the payments previously
made for such connections will be forfeited to the
City.
In the event such property is later reconnected to the
City's water and/or sewer utility system, it will be
upon approval of a new application and no credit will
be allowed for previous payments made.
The owner agrees that in the event of a sale or
transfer of the property affected by this agreement, as
a condition of such transfer, the purchaser or other
successor shall sign a duplicate of this agreement; and
that this agreement and the promises herein do
constitute a covenant running with the above described
land shall be filed with the Kitsap County Auditor and
shall be binding on the undersigned and his successors
in interest to such property.
The owner agrees to pay as further consideration for
this agreement any amounts equal to the taxes imposed
by the City upon service users within the territorial
limits of the City. It being agreed and understood
these amounts are not an unlawful exercise of taxing
power but rather are deemed consideration of the
extension of service beyond the territorial limits of
the City.
The term "owners" shall include any successors or
assigns of the undersigned during the term of this
agreement.
Agreement for Temporary Utility Service
page 4
DATED this
day of
, 19
CITY OF WINSLOW
ATTEST:
Alice B. Tawresey, Mayor
Donna Jean Buxton, Clerk/Treasurer
Owner/Occupant
Owner/Occupant
Approved as to form:
Owner/Occupant
City Attorney
Notary Public in and for the
State of Washington residing
at Bainbridge Island,
Washington