POLICY RELATIVE TO THE PROVISION OF WATER AND/OR SEWER UTILITIES OUTSIDE THE CORPORATE LIMITS OF THE CITY
Definitions:
The following definitions shall be applicable to the terms used in this Policy:
a.Contiguous Lands means any lands touching or abutting the corporate limits of the city and any lands within one half (½) mile of the corporate limits of the city as measured at the point the corporate limits and the involved lands are closest together.
b.Non-Contiguous Lands means any lands beyond one half (½) mile of the corporate limits of the city as measured at the point the corporate limits and the involved lands are closest together.
c.Provision, Delivery, or Furnishing City Water and/or Sewer Utilities means the extension of water and/or sewer mains, or tapping into an existing water and/or sewer main by a lateral to serve a customer, or the expansion of an existing water and/or sewer use, or any combination of these.
d.City Water means potable water delivered from the water utility system operated by the city.
e.City sewer means the sanitary sewerage collection utility system operated by the city.
f.City Utility Service or Water and/or Sewer Utilities means city water and/or city sewer.
2.Requests for Extension:
The George City Council shall review all requests for the provision of water and/or sewer utilities whether the request involves property which is contiguous or non-contiguous. Only the City Council can grant permission for the provision, delivery, or furnishing of water and/or sewer utilities to anyone beyond the corporate limits of the city, such permission being evidenced by a formal commitment noted in the minutes of a regular City Council meeting. All extensions of water and/or sewer utilities beyond the corporate limits of the city shall be made by the City Council within their sole and complete discretion.
3.Delivery of City Water and/or Sewer Utilities to Contiguous Lands:
The City of George will only deliver water and/or sewer utilities to contiguous lands if the owner of those lands annexes those lands into the city. Once within the city the lands will be delivered city utilities as provided by city ordinance. If those contiguous lands are not annexed into the city, the city will deliver neither city water nor city sewer services except in circumstances of compelling need to protect an identified public interest. Such extension on the basis of identified need shall be on a case by case basis in the sole discretion of the City Council.
4.Delivery of City Water and/or Sewer Utilities to Non-Contiguous Lands:
The City of George will consider the provision of water utilities and/or the provision of sewer utilities to non-contiguous lands when such water is available or when such sewerage capacity is available as determined by the City Council in the city sewerage system only upon the conditions listed below:
a.The execution of a contract document between the land owner and the city containing the essential elements of the water and/or sewer provision agreement as outlined below.
b.The water and/or sewer system to be built and connected to the city water utility or city sewer utility will be built to city standards. All street, sidewalk, lighting and storm water improvements and infrastructure placed upon the non-contiguous lands will be built to city standards to insure compatibility at the time of annexation.
The execution of necessary document(s) as determined by the city's legal counsel from the land owner to the city stating in essence that the land owner agrees to have non-contiguous lands annexed to the city at the city's discretion when those lands can be annexed.
Further, the document(s) will provide as a condition of receiving city water and/or city sewer that the non-contiguous lands will not be used in any manner inconsistent with the city's Comprehensive Land Use Plan.
d.The land owner will survey the non-contiguous lands to be provided city water and/or city sewer if requested to do so by city staff.
e.The city water and/or sewer utility services provided to the non-contiguous land will not be changed as to either the scope, nature, or intensity of use without further approval from the George City Council as such change is considered an expansion of the commitment given unless such expansion has already been provided for in the commitment given by the George City Council.
f.Such other conditions as city staff may negotiate as being necessary and as approved by the George City Council.
g.Failure to comply with any of the conditions of the water and/or sewer provision agreement shall terminate the delivery of water and/or sewer utility services to the non-contiguous land.
Limitation of Commitment:
Any formal commitment given by the City Council to provide water and/or sewer utilities outside the corporate limits of the city shall remain in effect for two years from the date the commitment is given. Within the two year commitment period, the lands involved must actually be tapped into the city's water and/or sewer utilities and substantial development began or the commitment given by the City Council shall be considered automatically withdrawn without further consideration by the City Council. Any documents prepared and delivered by a party pursuant to Section 4. ¶a. and ¶c. shall be returned to the land owner if the commitment is terminated.
6.Form of Agreement:
The City Council shall approve a form of agreement to be used in connection with this resolution.
7.Effective Date:
This policy shall control all extensions of city water and/or sewer utilities after August 22, 2001.