A. The city is authorized, pursuant to RCW 35A.80.010, to provide water and sewer service to property outside the city limits. The city’s provision of such service is not mandatory. In all circumstances in which the city agrees to provide water or sewer service to property beyond its limits, the applicants for such service must comply with all of the terms and conditions of this chapter.
B. The city’s extension of water service outside the city limits is limited to property contained within the city’s adopted water service boundary.
C. The city’s extension of sewer service outside the city limits is limited to property contained within the city’s adopted sewer service boundary. (Ord. 1160 § 2 (part), 2005).

Any person owning property outside the city limits and desiring to have their property connected to the city’s water supply system or sewer system shall make application at the office of the city clerk-treasurer on the appropriate form. Every such application shall be made by the owner of the property to be connected and supplied the service or by his/her authorized agent. The applicant must state fully the purposes for which the water and/or sewer service is required. Applicants must agree to conform to the city’s rules and regulations concerning water and sewer service set forth in this title, as the same now exists or may be amended in the future. If the city receives such a water service application and subsequently issues a water availability certificate, such certificate shall expire within one year of the date of issuance, if the applicant does not pay the required fees and request an actual hookup or connection to the subject property within that time period. (Ord. 1160 § 2 (part), 2005).

Applicants for water and/or sewer service to property outside the city limits shall be charged rates for such service as set forth in KMC Chapters 12.08 (sewer service) and 12.12 (water service) as those codes now exist or may be hereafter amended. All other additional charges applicable to water and/or sewer service to property within the city limits in this title shall also be imposed where appropriate. (Ord. 1160 § 2 (part), 2005).

Every applicant for water and/or sewer service outside the city limits must sign an agreement with the city, which conditions the provision of the service on the following terms:
A. Agreement to Run with the Property. The agreement shall be recorded against the property in the Cowlitz County auditor’s office, and shall constitute a covenant running with the land. All covenants and provisions of the agreement shall be binding on the owner and all other persons subsequently acquiring any right, title or interest in or to said property.
B. Warranty of Title. The agreement shall be executed by the owner of the property, who shall also warrant that he/she is authorized to enter into such agreement.
C. Costs of System Extension. The owner shall agree to pay all costs of design, engineering and construction of the service extension, which shall be accomplished to city standards and conform to plans approved by the city public works director. Costs of plan review and construction inspection shall also be paid by the owner.
D. Easements and Permits. The owner shall secure and obtain at the owner’s sole cost and expense, all permits, easements, and licenses necessary to construct the extension.
E. Dedication of Capital Facilities. The owner shall agree to dedicate all capital facilities constructed as part of the water and/or sewer extension (such as water or sewer main lines, pump stations, etc.) at no cost to the city upon completion of construction, approval and acceptance by the city.
F. Connection Charges. The owner shall agree to pay the connection charges as set forth in KMC Chapters 12.04 (sewer) and/or 12.12 (water) as these sections now exist or may hereafter be amended. Such connection charges shall be calculated at the rate applicable at the time of actual connection.
G. Waiver of Right to Protest LID. If at the time of execution of the agreement, the city has plans to construct certain improvements that would specially benefit the owner’s property, the agreement shall specifically describe the improvement. The owner shall agree to sign a petition for the formation of an LID or ULID for the specified improvements at the time one is circulated and to waive his/her right to protest formation of any such LID or ULID.
H. Agreement to Future Annexation. The owner of all property requesting water and/or sewer services inside the city’s adopted urban services boundary shall agree to sign any petition leading to future annexation of said property to the city of Kalama. Industrial properties on the west side of I-5 belonging to the Port of Kalama shall be exempt from this requirement.
I. Development of Property to Conform to City Code--Exceptions. The owner shall agree to comply with all requirements of the city’s comprehensive plan, zoning, fire codes and the city’s public works development standards when developing or redeveloping property subject to the agreement. The city council may grant exceptions to the requirements contained in this subsection only under the following conditions:
1. The applicant must demonstrate that the proposed departure from the city’s land use standards, zoning code, or public works development standards would result in a development which meets the intent of the applicable provisions of the comprehensive plan, zoning code or public works standards, based upon compliance with all of the following criteria:
a. That the site of the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls, and fences, parking, loading, landscaping and other features necessary to insure compatibility with and not inconsistent with the underlying zoning district;
b. That the site for the proposed use relates to streets, adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed uses and that adequate public utilities are available to serve the proposal;
c. That the proposed use will have no significant adverse effect on existing uses or permitted uses;
d. That the establishment, maintenance and/or conducting of the uses for which the utility agreement is sought will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to the environment, nor shall the use be inconsistent with or injurious to the character of the neighborhood or contrary to its orderly development.
J. Termination for Noncompliance. In addition to all other remedies available to the city for the owner’s noncompliance with the terms of the agreement, the city shall have the ability to disconnect the utility, and for that purpose may at any time enter the property. (Ord. 1160 § 2 (part), 2005).

Each proposed annexation will require council approval under RCW Chapter 35A.14. Nothing in this chapter shall be construed as committing the city to providing extraterritorial water or sewer service, the intent of this chapter merely being to state the terms and conditions under which such service would be provided if and when a decision is made to provide such service. (Ord. 1160 § 2 (part), 2005).

The city will conform to agreements it has previously entered into and will allow service connection to facilities constructed under such agreements without commitments to annexation, although each such applicant for such service will be asked to commit to annexation. (Ord. 1160 § 2 (part), 2005).

The city, in its discretion, may choose not to allow either sewer or water service unless the applicant first annexes to the city. (Ord. 1160 § 2 (part), 2005).