HomeMy WebLinkAboutR-1745 - Reaffirming its policy for utility service for areas outside the Marysville city limits(.'.".,'....r:
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CITY OF MARYSVILLE
Marysville, Washington
RESOLUTION NO./7Ys-'
A RESOLUTION OF THE CITY OF MARYSVILLE REAFFIRMING ITS POLICY FOR
UTILITY SERVICE FOR AREAS OUTSIDE THE MARYSVILLE CITY LIMITS.
WHEREAS,the City of Marysville,pursuant to Title 14 of the
Marysville Municipal Code,has adopted rules,policies and
procedures relating to applications for and connections to the
City water and sewer utilities;and
WHEREAS,pursuant to MMC 14.01.030 no application for
utility service is to be accepted or granted,and no right to
utility service shall accrue,unless and until all prerequisites
for approval as specified by ordinance or resolution are complied
with in full to the satisfaction of the City;and
WHEREAS,the City has adopted additional rules,policies and
procedures for utility service in rural areas outside the City
limits pursuant to Chapter 14.32 of the Marysville Municipal
Code;and
WHEREAS,all utility connections in rural areas are to be on
the basis of special contracts with the City;and
WHEREAS,pursuant to MMC 14.32.040 and MMC 14.32.050,the
City has adopted criteria and implementation rules for utility
connections within its Rural Utility Service Area (RUSA);and
WHEREAS,one of the requirements for granting or denying
utility connections within RUSA is the ability of the property
owner requesting utilities to sign a petition to annex the
property to the City or sign a covenant agreeing to annex in the
future;and
WHEREAS,on or about May 1,1995 the City of Arlington
adopted an annexation petition proposing to annex certain
properties within Marysville's RUSA;and
WHEREAS,property owners outside the City's RUSA and/or
outside the Critical Water Study Plan (CWSP)area have applied
for utilities;and
WHEREAS,requests for utility commitment letters or utility
applications from property owners within the proposed Arlington
annexation or outside RUSA or the CWSP area have raised questions
concerning the City's policy relating to utility services;and
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WHEREAS,on August 28,1995 the Marysville City Council held
a public hearing to take public comment and testimony concerning
the City's ordinances and policies for service of utilities;and
WHEREAS,said public hearing was well attended and public
testimony was received by citizens and property owners who own
property both within and outside of the area proposed for
annexation to Arlington and/or outside RUSA and/or the CWSP
boundary;and
WHEREAS,the City Council received and considered both
written and oral testimony and comments and reviewed the entire
record of the hearing;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The City hereby reaffirms the rules,policies and
procedures for applications and connections to the City utility
system as set forth in Title 14 of the Marysville Municipal Code.
2.The City will accept and process applications and/or
requests for utility commitment letters for utility service for
properties within the proposed Arlington annexation area subject
to all rules,regulations and requirements set forth in City
ordinances and resolutions,including,but not limited to,the
requirement that the property owner be able to execute a valid,
binding and legally enforceable covenant agreeing to annex to the
City of Marysville.
3.The City will accept and process applications for
utilities and/or requests for utility commitment letters for
properties outside the City's RUSA and/or outside the CWSP
boundary on the condition that such properties apply for and
receive a variance from Chapter 14.32 of the Marysville Municipal
Code and otherwise meet all other rules,regulations and
requirements set forth in City ordinances and resolutions.
4.Properties that have signed the annexation petition in
favor of the City of Arlington or which have signed both an
annexation covenant in favor of Marysville and an annexation
covenant in favor of Arlington will be deemed to not be able to
meet the requirements of MMC Chapter 14.32 until one of the
following occurs:
a.The Arlington City Council denies or rejects the
annexation petition.
b.The property owner receives written confirmation
from Arlington that its name has been removed from the
Arlington annexation petition.
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c.A final,non-appealable,legal adjudication has
been rendered declaring that the Arlington annexation
petition is invalid,null and void.
d.The Boundary Review Board for Snohomish County
issues a final,non-appealable decision denying the
Arlington annexation .
.IA PASSED by~Council and
/1"'''day of ,1995.
APPROVED by the Mayor this
OF MARYSVILLE
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CITY
ATTEST:
CITY CLERK
Approved as to form:
By/J~K~
J CITY ATTORNEY
RESOLUTION - 3
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