13.20.030 Conditions for providing utility service outside the city.
For purposes of any application for annexation into the city or any application for water or sewer services or other municipal utility service, the city may extend service only upon satisfaction of the city’s engineer and city council that the following standards have been met:
A. No connection shall be made to any applicant qualifying property or improvement, its heirs, successors and assigns, until and unless adequate safeguards have been made and accepted by the city to adequately defend, indemnify and hold the city harmless from and against any liability, appeals, judicial review, complaints, writs of review and other extraordinary or equitable relief, including reimbursement for any costs, fees, expert fees, expenses for any related legal, judicial, agency, administrative or appellate action(s) related to or arising out of such application or attempted transfer of water rights to the city.
B. Any connection of the city’s water or sewer service to property located outside the city’s corporate boundaries, and any transfer to the city of such water rights shall be permitted only upon the execution of forms prepared by the city which include but are not limited to: the execution of a perpetual and appurtenant no-protest annexation agreement, a no-protest local improvement agreement, a no-protest utility local improvement district agreement, and/or developer’s extension agreement. The city expressly reserves its right to condition utility service upon the execution of any or all of these agreements upon terms and conditions as are determined to be necessary by the city council and city engineer.
C. Any transfer to the city may be further conditioned under the State Environmental Policy Act (“SEPA”), implementing SEPA regulations, Cle Elum Municipal Code Chapter 15.28, as may now exist or which may hereinafter be amended, adopted SEPA policies, developer agreements under RCW 36.70B.170, the requirements of interlocal agreements with Kittitas County, special purposes districts, or municipalities, or landowner agreements entered into under RCW Chapters 35.91 and 35.92.
D. Agreements with landowners and the city for purposes of siting or acquisition of properties for municipal facilities under RCW Chapters 35.91 and 35.92 may contain different terms and conditions than provided in this chapter.