HomeMy WebLinkAbout06-015 Concerning water utility service
RESOLUTION NO. 06-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, CONCERNING WATER UTILITY SERVICE
WHEREAS, on 30 April 2006, Mr. Rich Stapf, Jr. sent a letter to the City on behalf of
Ms. Patricia Miller requesting that she be allowed to connect her parcel (# 001054010) at the
southwest comer of Jacob Miller Road and Hastings Avenue to the City water line in Jacob
Miller Road.
WHEREAS, The western boundary of the City's water service area is located in Jacob
Miller Road from just north of the County Solid Waste Transfer Station north to the Strait of
Juan de Fuca.
WHEREAS, In 1996 the City Council approved an "Agreement for Establishing Water
Utility Service Area Boundaries (City of Port Townsend)," dated 20 September, 1996. This
agreement signed by the City and the County outlined policies related to the City water service
area and adjacent utility providers. The agreement also incorporated three City Council
resolutions, 93-072, 96-023, and 96-122, which also addressed the City water service area and
utility provision policies. This agreement and the resolutions were incorporated into the City
Water System Plan that was approved in August 1998.
WHEREAS, The agreement outlined seven provisions related to service area
boundaries, service area transfers, boundary streets and adjustments, service extension policies,
and future service area. Section 3: Boundary Streets, applies to the issue in question here.
Specifically, it states: Unless separate agreements exist with adjacent utilities concerning water
services or other utility services, this party (City) agrees that the water utility which is located
to the north or east of boundary streets between this party and adjacent utilities will be entitled
to provide future water service on both sides of those streets (emphasis added). Depth of service
on boundary streets shall be limited to one platted lot or as otherwise agreed by the utilities, or
in accordance with the City's Water System Master Plan. Existing services on boundary streets
shall remain as connected unless transfer of service is agreed to by both parties, as per section 2.
These provisions do not disallow the placement of mains in the same street by adjacent utilities
where geographic or economic constraints require such placement for the hydraulic benefit of
both utilities.
WHEREAS, by Resolution 93-072 (passed 21 June 1993) the City Council declared its
intent to reduce the out-of-City water service area on an interim basis, to begin negotiations with
PUD #1 to provide water supply to certain existing customers of the City outside the interim
service area boundaries, and to establish a policy providing no new water tap or water main
extensions outside of the interim service area boundaries. In 1996 Council further refined the
policies guiding the City's water system plan process with the adoption of resolutions 96-023
(passed 5 February 1996) and 96-122 (passed 16 September 1996). With respect to water service
in the area west of the City, Resolution 96-023, paragraph 4.2, page 12, states: Water customers
currently fed with City water outside the area west of North Jacob Miller Road will continue to
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receive City water, but no City water extensions or connections will be made or allowed in this
rural area (emphasis added). The City will serve water to those persons or entities located to the
west of North Jacob Miller Road that have a valid, enforceable contractual right to City water
service, based upon reasonable contractual expectations, and contingent the filing of a complete
land use permit application with Jefferson County or other permitting authority (as determined
by the permitting authority). The City reserves the right to review and challenge any purported
expectation to receive City water, based upon applicable law. Resolution 96-122 amended
Resolution 96-023 primarily with respect to the Tri-Area and Glen Cove service areas and
wholesale contracts with the PUD. No further guidance was given concerning service in the area
west of the City.
WHEREAS, based on the Council policy guidance as noted above, City staff has not
approved any new water taps to the west side of Jacob Miller Road since the adoption of
Resolution 96-023. Currently there are approximately 30 customers west of Jacob Miller Road,
six of which directly abut the west side of Jacob Miller Road Based on present County zoning
requirements there are approximately 15 additional properties that abut Jacob Miller Road on the
west side that are not currently served by City water.
WHEREAS, existing water infrastructure in the Jacob Miller Road area includes a 4500'
six-inch main line in Jacob Miller Rd from Hastings to the north, a 1200' eight-inch mainline
from Hastings to the south, and a 4000' two-inch private line from Hastings to the south (serves
two parcels to the west of Jacob Miller Road). In addition there is an 1800' six-inch main line in
Hastings west of Jacob Miller Road. Recently the Fire District and Jefferson County extended the
water main to the fire station on Jacob Miller Road near the entrance to the Solid Waste Transfer
Station. This leaves a 5000 foot gap in the main line along Jacob Miller Road between Hastings
Road and the fire station. It is in the long-term interest of the City's water system to have this
connection completed to provide a back-up to current out-of-City customers along Jacob Miller
road and in the Glen Cove/Cape George Road area as well.
WHEREAS, based on the language of the 1996 Agreement staff believes that providing
water service to the west side of Jacob Miller Road (a "boundary street" subject to the 1996
Agreement) would not constitute a change in the City's water service area or the Water System
Plan. Extension of the system beyond those properties that directly abut Jacob Miller Road or
other established boundary streets would require a change to the water service area and Water
System Plan.
WHEREAS, there are several options that Council could take with respect to this
request: 1) Revise the policy in Council Resolution 96-023 and allow water connections to
properties abutting Jacob Miller Road (west side) in keeping with the 1996 Agreement language;
2) Approve this connection as requested without making a blanket change to the policies of
Council Resolution 96-023. Any future requests for service on the Westside of Jacob Miller
Road would be handled by Council on a case-by-case basis; 3) Reaffirm the 1996 policies to not
serve any properties on the west side of Jacob Miller Road except those currently connected to
the City water system; 4) Place the request on hold pending Council review of the City's 1998
water service plan. That review is currently underway and recommendations on updates will
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likely come before Council in the next several months. Final approval of plan updates requires
state Department of Health and County review and approval which would take several more
months.
WHEREAS, the Council determines it appropriate that City water service may be
provided to the pending application for Patricia Miller requesting that she be allowed to connect
her parcel (# 001054010) at the southwest corner of Jacob Miller Road and Hastings Avenue to
the City water line in Jacob Miller Road. Any future requests for service on the west side of
Jacob Miller Road would be handled by Council on a case-by-case basis.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Townsend that City water service may be provided to the pending application for
Patricia Miller requesting that she be allowed to connect her parcel (# 001054010) at the
southwest comer of Jacob Miller Road and Hastings A venue to the City water line in Jacob
Miller Road. Any future requests for service on the west side of Jacob Miller Road would be
handled by Council on a case-by-case basis.
ADOPTED by the City Council of the City of Port Townsend at a regular
meeting thereof, held this fifteenth day of May, 2006.
\~A~
Mark Wel~, Mayor '
~~~~ ~"X
City Clerk
Approved as to form:
~HCF")
John P. Watts
City Attorney
Attest:
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