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3042 MLMC 13.12 water sewer storm rates ORDINANCE 3042 AN ORDINANCE AMENDING CHAPTER 13.12 OF THE MOSES LAKE MUNICIPAL CODE TITELD “WATER, SEWER, AND STORMWATER RATES” Recitals: 1. Pursuant to RCW 35.92.010, the City of Moses Lake has historically imposed a 25% rate surcharge on extra territorial water and sewer utility customers to cover the increased cost of service. 2. At various times throughout the previous years, the City Council reduced the rate surcharge for the “area formerly known as the Larson Air Base” to 8% based on unique conditions that existed at those times. 3. The unique conditions that prompted the previous rate surcharge reductions to 8% no longer exist and the “area formerly known as the Larson Air Base” should be charged at the same rate as all other extra territorial water and sewer customers. 4. Other house-keeping amendments are necessary and are included in the proposed amendments. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Title 13 of the MLMC titled “Water, Sewer, and Stormwater Rates” is amended as follows: Chapter 13.12 WATER, SEWER, AND STORMWATER RATES Sections: 13.12.005 Definitions. 13.12.010 Residential Water Rates. 13.12.015 Dwellings With Two Living UnitsDuplex Water Rates. 13.12.020 Commercial Water Rates. 13.12.021 Multifamily Water Rates. 13.12.022 Irrigation Water Rates. 13.12.023 Industrial Water Rates. 13.12.030 Residential Sewer Rates. 13.12.035 Duplex Sewer Rates. 13.12.036 Multifamily Sewer Rates. 13.12.040 Commercial Sewer Rates. 13.12.041 Industrial Sewer Rates. Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 1 of 18 13.12.042 Stormwater Rates. 13.12.050 Surcharge. 13.12.051 Water, Sewer, Garbage, Ambulance, and Stormwater Billing. 13.12.052 Customer Dispute. 13.12.053 Water Service Termination Procedures. 13.12.054 Limitations on Termination of Water Service. 13.12.055 Joint Charging. 13.12.056 Utility Tax Passthrough. 13.12.060 Payment of Accounts. 13.12.070 Application for New Water and Sewer Service. 13.12.080 Billing for Fractional Month Service. 13.12.085 Service Charge. 13.12.090 Water Usage - Fire Hydrants. 13.12.100 Fire Protection Charges. 13.12.110 Adjustment of Utility Bills. 13.12.005 Definitions: A. “City water system” means any water system operated by the City of Moses Lake. B. “City sewer system” means any sewer system operated by the City of Moses Lake. C. For purposes of calculating sewer charges, chargeable water shall be defined as follows: Chargeable water shall be measured by the water consumed on the premises, whatever the source of such water, and the same will be metered either by a public utility meter or one installed and maintained by the property owner of the premises at the property owner’s expense and approved and inspected by the City. Where the water is metered by a privately owned water meter and is used to determine sewer charges, the City shall be allowed access to the meter in order to read such meter. Where the use of water is such that a portion of all the water used does not flow into the sewer system, for whatever reason, but is lost by evaporation, irrigation, sprinkling or is used in manufacturing or in a manufactured product, or is lost for whatever reason, and the person in control provides proof of this fact and installs a meter or other measuring device approved by the City to measure the amount of water so used and so lost, or if the City is capable of determining the amount of sewage entering the City’s sewer system by some other mechanical means, this water may be deducted from the actual water Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 2 of 18 consumption used in calculating the sewer charge. CD. “City stormwater system” means any stormwater system operated by the City of Moses Lake. 13.12.010 Residential Water Rates: A. A rate shall be assessed in accordance with the adopted fee schedule for water from the City water system from all residential living units within the corporate limits of the City and outside the corporate limits of the City. B. A rate shall be assessed in accordance with the adopted fee schedule for each meter in service for all residential living units within the corporate limits of the City and outside the corporate limits of the City. 13.12.015 Dwellings With Two Living UnitsDuplex Water Rates: A. A rate shall be assessed in accordance with the adopted fee schedule for water from the City system for a dwelling with two (2) separate living units within the corporate limits of the City and outside the corporate limits of the City with only one (1) meter serving two (2) living units or for two (2) houses on a single lot served by one (1) meter. B. A rate shall be assessed in accordance with the adopted fee schedule for each meter in service to a dwelling with two (2) separate living units with only one (1) meter to the living unit or for two (2) houses on a single lot served by one (1) meter within the corporate limits of the City and outside the corporate limits of the City. 13.12.020 Commercial Water Rates: A. A rate shall be assessed in accordance with the adopted fee schedule for water from the City water system for commercial users and dwellings with three (3) or more living units served by one (1) meter within the corporate limits of the City and outside the corporate limits of the City. B. A rate shall be assessed in accordance with the adopted fee schedule for each meter in service for commercial users and dwellings with three (3) or more living units served by one (1) Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 3 of 18 meter within the corporate limits of the City and outside the corporate limits of the City. 13.12.021 Multifamily Water Rates: A. A rate shall be assessed in accordance with the adopted fee schedule for water from the City water system for dwellings with three (3) or more living units served by one (1) meter within the corporate limits of the City and outside the corporate limits of the City. B. A rate shall be assessed in accordance with the adopted fee schedule for each meter in service for dwellings with three (3) or more living units served by one (1) meter within the corporate limits of the City and outside the corporate limits of the City. 13.12.022 Irrigation Water Rates: A. A rate shall be assessed in accordance with the adopted fee schedule for water from the City water system for irrigation users within the corporate limits of the City and outside the corporate limits of the City. B. A rate shall be assessed in accordance with the adopted fee schedule for each meter in service for irrigation users within the corporate limits of the City and outside the corporate limits of the City. 13.12.023 Industrial Water Rates: A. A rate shall be assessed in accordance with the adopted fee schedule for water from the City water system for industrial users within the corporate limits of the City and outside the corporate limits of the City. B. A rate shall be assessed in accordance with the adopted fee schedule for each meter in service for industrial users within the corporate limits of the City and outside the corporate limits of the City. 13.12.030 Residential Sewer Rates: A rate shall be assessed in accordance with the adopted fee schedule for customers residing within the corporate limits of the City and outside the corporate limits of the City for sewer service from the City sewer system for single-family dwellings and each unit of a duplex with separate meters. 13.12.035 Duplex Sewer Rates: A rate shall be assessed in accordance with the adopted fee schedule for customers residing within the corporate limits of the City and outside the corporate limits of the City for sewer Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 4 of 18 service from the City sewer system for duplexes with only one (1) meter serving two (2) living units or for two (2) living units on a single lot served by one (1) meter. 13.12.036 Multifamily Sewer Rates: A. A rate shall be assessed in accordance with the adopted fee schedule for customers residing within the corporate limits of the City and outside the corporate limits of the City for sewer service from the City sewer system for dwellings with three (3) or more living units served by one (1) meter. 13.12.040 Commercial Sewer Rates: A. A rate shall be assessed in accordance with the adopted fee schedule for customers residing within the corporate limits of the City and outside the corporate limits of the City for all chargeable water discharged into the City sewer system by commercial users. and dwellings with three (3) or more living units served by one (1) meter. B. For purposes of calculating sewer charges, chargeable water shall be defined as follows: Chargeable water shall be measured by the water consumed on the premises, whatever the source of such water, and the same will be metered either by a public utility meter or one installed and maintained by the property owner of the premises at the property owner’s expense and approved and inspected by the City. Where the water is metered by a privately owned water meter and is used to determine sewer charges, the City shall be allowed access to the meter in order to read such meter. Where the use of water is such that a portion of all the water used does not flow into the sewer system, for whatever reason, but is lost by evaporation, irrigation, sprinkling or is used in manufacturing or in a manufactured product, or is lost for whatever reason, and the person in control provides proof of this fact and installs a meter or other measuring device approved by the City to measure the amount of water so used and so lost, or if the City is capable of determining the amount of sewage entering the City’s sewer system by some other mechanical means, this water may be deducted from the actual water consumption used in calculating the sewer charge. The sewer charges for triplexes and apartments, mobile home parks, schools, hospitals and other commercial establishments with increased usage for irrigation, and only if their landscaping exceedings five thousand (5,000) square feet, the rate shall be computed on the Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 5 of 18 average consumption during the previous non-irrigation season, unless the user elects to install, at itshis expense, an measuring device approved by Public Works measuring device to measure water not entering the sewer system. When a Any user havings a swimming pool or cooling units discharging to the sanitary sewer, he must install an approved meter to determine the amount of water exempt from sewer charges during the irrigation season. The irrigation season shall be defined as the period in which statements are mailed for the April through November billing cycles. C. Sewer rates for commercial uses discharged into the sewer system may be separately determined by the City Council, based upon both volume and chemical characteristics of the sewage. The City Council may reserve the privilege to require pre-treatment of any material discharged into the sewerage system, or to prohibit discharge into the system of industrial wastes whichthat, because of either volume or concentration, will overload existing sewerage facilities. D. All air-conditioning and refrigeration units that are installed, after the effective date of this ordinance, replaced or any which are replaced or that have their capacity expanded,increased after the effective date of the ordinance codified in this chapter shall be required to install recirculating units. Disposal may not be accomplished by discharging into the sanitary sewer system. 13.12.041 Industrial Sewer Rates: A. A rate shall be assessed in accordance with the adopted fee schedule for customers residing within the corporate limits of the City and outside the corporate limits of the City for all chargeable water discharged into the City sewer system by industrial users. B. For industrial customers with increased usage for irrigation and landscaping exceeding five thousand (5,000) square feet, the rate shall be computed on the average consumption during the previous non-irrigation season unless the user elects to install, at its expense, a measuring device approved by Public Works to measure water not entering the sewer system. Any user having cooling units discharging to the sanitary sewer must install an approved meter to determine the amount of water exempt from sewer charges during the irrigation season. The irrigation season shall be defined as the April through November billing cycles. C. Sewer rates for industrial uses discharged into the sewer system may be separately determined by the City Council based upon both volume and chemical characteristics of the Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 6 of 18 sewage. The City Council may require pre-treatment of any material discharged into the sewerage system, or prohibit discharge into the system of industrial wastes which, because of either volume or concentration, will overload existing sewerage facilities. D. All air-conditioning and refrigeration units that are installed after the effective date of this ordinance, or any which are replaced or have their capacity expanded, shall be required to install recirculating units. Disposal may not be accomplished by discharging into the sanitary sewer system. 13.12.042 Stormwater Rates: A. Residential properties shall be shall be assessed a rate in accordance with the adopted fee schedule for each living unit. B. Non-residential properties shall be shall be assessed a rate in accordance with the adopted fee schedule. C. Undeveloped property shall not be charged a stormwater fee. D. Non-residential property owners may submit a request for the following credits to the stormwater fees. Residential properties are not eligible for credits. The credits are not cumulative. Requests for credit shall be submitted to the Municipal ServicesPublic Works Director on forms provided by the Municipal ServicesPublic Works Department. 1. A credit of up to eighty percent (80%) may be approved for non-residential properties for portions of on-site stormwater discharges to privately maintained on-site treatment facilities that are in compliance with an active National Pollutant Discharge Elimination System (NPDES) permit. A copy of the NPDES permit and the associated Stormwater Pollution Prevention Plan shall be provided to the Municipal ServicesPublic Works Director with the application for credit. No credits will be approved for stormwater discharged to facilities that are maintained and serviced by the stormwater utility. 2. A credit of up to fifty percent (50%) may be approved for non-residential property for portions of on-site stormwater discharges to privately maintained stormwater systems that meet best management practices of the most current version of the Stormwater Management Manual for Eastern Washington, meet all City of Moses Lake requirements, Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 7 of 18 and are approved by the Municipal ServicesPublic Works Director. 3. A credit of up to ten percent (10%) may be approved for non-residential property for portions of on-site stormwater discharges from roofs of non-residential buildings to privately maintained stormwater facilities that utilize a permissive rainwater harvesting system that complies with the Department of Ecology’s requirements and is approved by the Municipal ServicesPublic Works Director. E. Approval of credit shall be indicated by a credit application that is signed by the Municipal ServicesPublic Works Director. Approved credits are effective for the first full month’s billing cycle following the date of approval. Credits may be approved for multiple billing cycles, provided that conditions of approval are continuously met by the applicant. Credits are not retroactive to current or prior billings. Credits for future billing cycles may be revoked by the Municipal ServicesPublic Works Director if on-site conditions change; if federal, state, or local regulations change such that on-site stormwater treatment facilities are no longer current or acceptable; or if the ordinance for stormwater is revised by City Council. 13.12.050 Surcharge: In addition to the rates established for water and sewer services as set forth in this chapter, a twenty-five percent (25%) surcharge shall be assessed for water service and sewer service furnished outside the City limits. except for the area commonly known as the former Larson Air Base. In addition to the rates established for water and sewer services as set forth in this chapter, an eight percent (8%) surcharge shall be assessed for water service and sewer service furnished outside the City limits in the area commonly known as the former Larson Air Base. 13.12.051 Water, Sewer, Garbage, Ambulance, and Stormwater Billing: A water, sewer, garbage, ambulance, and stormwater bill shall be mailed every month to every customer for water, sewer, garbage, ambulance, and stormwater services supplied during the time period shown on the bill. Each water, sewer, garbage, ambulance, and stormwater bill shall contain the following information: A. The charge and/or installment. Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 8 of 18 B. The date of the bill. C. The bills are due within thirty (30) days from the date of the bill. Past due amounts are due immediately upon receipt of a bill. D. Notice if bill is based on an estimated measurement of the amount of service supplied. E. A telephone number to call in order to obtain information. 13.12.052 Customer Dispute: A. At any time before the date of termination of water service for non-payment of the amount shown on a water, sewer, garbage, ambulance, and stormwater bill, or a notice of termination, a customer may dispute the correctness of all or part of the amount shown in accordance with the provisions of this section. A customer shall not be entitled to dispute the correctness of all or part of the amount if all or part of the amount was the subject of a previous dispute under this section. B. The procedure for customer disputes shall be as follows: 1. Before the date of termination, the customer shall notify the Finance Department in writing, that he disputes all or part of the amount shown on a water, sewer, garbage, ambulance, and stormwater bill or a notice of termination, stating as completely as possible the basis for the dispute. 2. If the Finance Department determines that the present dispute is untimely or that the customer previously disputed the correctness of all or part of the amount shown, the Finance Department shall mail to the customer a notice stating that the present dispute is untimely or invalid. The City shall then proceed as if the customer had not notified the City of the present dispute. 3. If the City determines that the present dispute is not untimely or invalid under this section, the City, within three (3) days after receipt of the customer’s notice, shall arrange an informal meeting between the customer and the Finance Department. 4. Based on the City’s records, the customer’s allegations and all other relevant materials available to the Finance Department, the Finance Department shall resolve the dispute, Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 9 of 18 attempting to do so in a manner satisfactory to both the City and the customer. 5. Within five (5) days of completion of the meeting, the Finance Department shall mail to the customer a copy of its decision resolving the dispute. 6. The decision shall be final and binding on the customer. C. Utilization of this dispute procedure shall not relieve a customer of his obligation to timely and completely pay all other undisputed charges and/or installments and surcharges, and the undisputed portion of the amount which is the subject of the present dispute. Notwithstanding this section, failure to timely and completely pay all such undisputed amounts shall subject the customer to termination of water service in accordance with the provisions of this ordinance. D. Until the date of the Finance Department’s decision the City shall not terminate the water service of this customer and shall not issue a notice of termination to him solely for non- payment of the disputed amount. If it is determined that the customer must pay some or all of the disputed amount, the City shall promptly mail to, or personally serve upon the customer, a notice of termination, which shall contain the following: 1. The amount to be paid. 2. The date of the notice of termination. 3. The date of termination, which shall be at least ten (10) days after the date of the notice of termination is issued. 4. Notice that unless the City receives complete payment of the past due amount shown prior to the date of termination, water service shall be terminated. 5. An informational telephone number. 13.12.053 Water Service Termination Procedures: A. The provisions of this section shall govern all terminations of water service for non-payment of City charge and/or installments and surcharges. B. If by the payment date shown on a water, sewer, garbage, ambulance, and stormwater bill, the City has not received complete payment of the amount shown on the bill the City shall mail Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 10 of 18 to, or personally serve upon, the customer a notice of termination. The notice of termination shall be sent with the current month’s bill. The notice shall indicate the amount past due. C. The notice of termination shall contain the following: 1. The amount past due and the amount of the current month’s billing. 2. The date of the notice of termination. 3. The date of termination, which shall be no less than ten (10) days from the date of the notice of termination. 4. Notice that unless the City receives complete payment of the amount past due prior to the date of termination, water service shall be terminated. 5. Notice that in lieu of paying the entire amount shown, a customer, prior to the date of termination, may notify the City that he disputes the correctness of all or part of the amount shown, if all or part of the amount shown was not the subject of a previous dispute. 6. Notice that a disconnect for non-payment fee will be assessed in accordance with the adopted fee schedule if payment of the past due balance is received by the Finance Department, Utilities Division, after the date and time shown on the notice of termination,thirty dollars ($30) will be assessed as a delinquent service charge if not paid and received by the Finance Department, Utilities Division, by 5 p.m. on the day prior to the date shown on the delinquent notice provided no formal dispute has been filed with the Finance Department as set forth in this section. 7. An informational telephone number. 8. Notice that eighty dollars ($80) an after-hour service charge will be assessed in accordance with the adopted fee schedule as a service charge for all water turn-ons or turn- offs after 4:00 p.m. and before 8:00 a.m. and at any other time which is not a normal working day of the City, such as weekends or legal holidays. D. If the City receives payment of the past due amount prior to the date and time shown on the notice of termination, such payment shall be considered a timely and complete payment for purposes of this ordinancesection. Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 11 of 18 13.12.054 Limitations on Termination of Water Service: A. The City shall terminate water service for non-payment of past due water, sewer, garbage, ambulance, and stormwater charges and/or installments and surcharges only during the hours of 9 a.m. to 3 p.m. Monday through Thursday. No terminations shall be permitted on a legal holiday or on the day before a legal holiday. B. In the event the City should proceed to terminate water service to any property which has failed to pay a past due amount after delivery of written notice, the employee of the City dispatched to disconnect the water service shall make a reasonable effort to inform the user that water service is being terminated. The City employee may not accept payment of the delinquent amount from the user, but the employee shall not terminate water service to the property until the user has been afforded an opportunity of not less than one (1) hour in length to reach the city hall and arrange to bring the account current. 13.12.055 Joint Charging: All charges for water, sewer, garbage, ambulance, and stormwater payments due the City shall be billed jointly on one (1) statement. If water, sewer, garbage, ambulance, and stormwater charges are billed in conjunction and simultaneously with statements issued by the City for refuse collection and disposal, all payments received from a customer shall be credited first to past due garbage charges, then the remainder, if there be any, first to past due sewer charges, then to past due ambulance charges, then to past due water charges, and then to past due stormwater charges. Payments on current accounts shall be credited first to garbage charges, the remainder, if there be any, to sewer charges, then to ambulance charges, then to water charges, then to stormwater charges. 13.12.056 Utility Tax Passthrough: A. Section 3.30.050 provides in part for the collection of a utility tax upon every person, including the City, who engages in the selling or furnishing of sewer, water, garbage, and stormwater, or a service of sewer, water, garbage, and stormwater, or the providing of facilities for sewer, water, and stormwater. As a result of the operation of its water, sewer, garbage, and stormwater systems, the City is subject to the utility tax imposed by Section 3.30.050. Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 12 of 18 B. The City is authorized to collect the percentage of gross income portion of the utility tax imposed by Section 3.30.050 from the users of the City’s water, sewer, garbage, and stormwater systems by including on the billing of each user residing within the corporate limits of the City, the sum the City would be liable to pay as a utility tax on that basis. 13.12.060 Payment of Accounts: A. Water, sewer, garbage, and stormwater bills shall be the responsibility of and billed directly to the property owner, unless the property owner wishes the bill sent to another address, the same shall be due and payable within thirty (30) days of the billing date. If the property owner wishes the bill sent to another address, the property owner first must execute a form provided by the City of Moses Lake indicating the property owner’s desires. The form shall include the property owner’s name and address, the address to which the bill shall be sent, and a statement that if the person at the address to which the bill is sent moves and leaves an unpaid balance, the property owner assumes responsibility for the bill. The billing dates for utility accounts shall be as follows: Routes 1 through 15 on the 20th of each month; Routes 16 through 2949 on the 30th of each month; Routes 50 through 75 on the 10th of each month. B. The property owners of commercial accounts and governmental agencies may sign agreements requesting that their monthly statements be mailed to service addresses. The statement will contain the same information referred to in subsection A of this section. C. The City reserves the right to cut off the water supply from the premises. The water supply may be cut off if either the water charge, sewer charge, garbage charge, ambulance charge, or the stormwater charge is delinquent, and should the water supply be turned off for failure to pay either the sewer charge, water charge, garbage charge, ambulance charge, or stormwater charge when due, the water supply shall not be turned on until all delinquent charges have been paid in full. A service charge shall be assessed as set forth in Section 13.12.085(B) and shall be added to the amount past due and will be billed on the next month’s statement. D. The City shall have a lien against the premises for unpaid water, sewer, garbage, ambulance, and stormwater charges as provided by the laws of the state. Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 13 of 18 E. Advance payments may be made on any water, sewer, garbage, ambulance, or stormwater account. F. Water service will not be terminated if there is a past due water, sewer, garbage, ambulance, or stormwater charge of twenty dollars ($2075) or less, subject to subsection G of this section. G. No water, sewer, garbage, ambulance, or stormwater bills shall be allowed to be more than sixty (60) days past due regardless of the past due amount. If a water, sewer, garbage, ambulance, or stormwater account is to become sixty (60) days past due, water service shall be terminated as provided herein before the sixtieth (60th) day ends. H. No water, sewer, garbage, ambulance, or stormwater account will be transferred to another person, partnership, corporation, or other entity unless the account is brought current prior to the requested transfer. I. Property served by more than one (1) meter must keep all accounts current in accordance with this chapter in order to avoid water service being terminated to all meters serving the property. 13.12.070 Application for New Water and Sewer Service: Application for water and sewer service shall be made upon forms prescribed by the Finance Director. The water charge shall begin to run from the date water is turned on and the sewer charge shall start after the sewer line has been inspected. 13.12.080 Billing for Fractional Month Service: A. The minimum water, sewer, garbage, ambulance, and/or stormwater service shall continue until an order in writing to discontinue service has been given. The water shall not be turned on or off until a request in writing is given, on forms furnished by the City, for the turning on or off of the service. B. When utility services are resumed or commenced between monthly billing cycles, monthly base rates for water, sewer, garbage, stormwater and ambulance shall be prorated based on the number of days service is provided. Where metered water or sewer consumption exceeds the allowance provided by the base rate, additional consumption will be billed in accordance with Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 14 of 18 the adopted fee schedule. 13.12.085 Service Charge: A. The service charge for all water turn-ons or turn-offs after 4 p.m. and before 8 a.m. and at any other time which is not a normal working day for the City shall be assessed in accordance with the adopted fee schedule. This charge is in addition to the fee imposed by this section. B. A delinquent servicelate payment charge of thirty dollars ($30) will be assessed in accordance with the adopted fee schedule on each water, sewer, garbage, ambulance, or stormwater account or any combination of water, sewer, garbage, ambulance, or stormwater service which is billed on one (1) account if not paid and received by the Finance Department, Utilities Division, by the due date shown on the billing statement by 5 p.m. on the day prior to date shown on the delinquent notice provided no disputes have been filed with the Finance Department as set forth in Section 13.12.053. C. A disconnect for non-payment fee will be assessed in accordance with the adopted fee schedule if payment of the past due balance is received by the Finance Department, Utilities Division, after the date and time shown on the notice of termination. If water service is terminated for non-payment of the account, the service charge shall include turning the water back on from 8 a.m. to 4 p.m. on normal City working days provided the occupant does not change. The service charge is subject to the limitations of Subsections F and G of Section 13.12.060. If water service is terminated for non-payment of the account, the service charge shall include turning the water back on from 8 a.m. to 4 p.m. on normal City working days provided the occupant does not change. This charge is in addition to the fee imposed by Subsection DC. CD. A service fee shall be assessed in accordance with the adopted fee schedule and added to each new water, sewer, garbage, ambulance, or stormwater account or any combination of water, sewer, garbage, ambulance, or stormwater service which is billed on one (1) account. A service fee shall be assessed in accordance with the adopted fee schedule and added for each change of service to another occupant. This fee shall include one (1) water turn-on if applicable from 8 a.m. to 4 p.m. on normal City working days. E. A service charge for temporary water service will be charged when a property owner or their Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 15 of 18 designated agent submits a written request on forms provided by the City to have water turned on for inspection or repairs when the billing account is inactive. Temporary service will only be provided if there is no outstanding utility account balance related to the parcel. Temporary water service will be provided for one business day between the hours of 10 am and 4 pm. Requests for temporary service must be made one business day in advance of the effective date. F. A return trip fee will be assessed in accordance with the adopted fee schedule at any time a customer fails to leave the faucets off, or changes mind about connection or reconnection and requires an additional trip(s), or when a customer requests a re-read of the water meter outside of the City’s routine reading schedule. G. Prior to disconnection of service, the Utilities Department will deliver by telephone a notice of termination reminder using the customer’s contact phone number on file with the Utilities Department. If the phone number on file is not current, out of service, or the call is unsuccessful, a door notification will be delivered. A door notification fee will be assessed in accordance with the adopted fee schedule. H. Where a customer requests the water meter be tested for accuracy by the City’s water department, a fee will be assessed in accordance with the adopted fee schedule. The fee will be fully refunded to the customer if the test determines the water meter accuracy does not meet the standards defined by the American Water Works Association (AWWA). I. Tampering with City’s water or sewer systems as described in Section 13.307.100 will result in the customer’s account being assessed penalties for meter tampering in accordance with the adopted fee schedule. The recipient of utility services that have been obtained without full payment either through tampering, alteration, bypass, or falsification of records shall also be responsible and billed for the costs incurred by the city as a result of investigation, damages, repair, and bookkeeping. J. All fees and supplemental billing shall be placed on the next forthcoming utility bill and shall be collected under the normal collection procedures as set forth in Chapter 13.12 MLMC. 13.12.090 Water Usage - Fire Hydrants: Water delivered through fire hydrants associated with the City’s water system shall be billed as follows: Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 16 of 18 A. The City shall provide a meter to measure the amount of water being delivered through a fire hydrant. The fee for the meter, plus the commercial rate, shall be as assessed in accordance with the adopted fee schedule. If no fire hydrant meter is available from the City, anyone receiving water from a fire hydrant shall pay a fee as assessed in accordance with the adopted fee schedule for the water received through a fire hydrant. B. The City shall pay, from its current expense fund to the water and sewer fund, an amount determined by the Finance Department and approved by the City Council through the budgeting process to cover the cost of providing fire protection capabilities through the system of fire hydrants included as part of the City’s water system. 13.12.100 Fire Protection Charges: A. Metering shall not be required for fire protection lines running directly to buildings when used solely for furnishing water to sprinkler, or other fire protective systems. Water flow alarms shall be provided in all fire protection sprinkler installations. Such alarms shall be either water motor or electric gongs, except where alternate devices are specifically approved by the City. B. Water supplied to above ground or underground tanks for deluge systems or other private systems from which water is pumped for fire protection service shall be metered and payment shall be made for water actually consumed at the established rate on commercial accounts. There shall be no minimum monthly amount charges. 13.12.110 Adjustment of Utility Bills: A. The Finance Director or designee is empowered to resolve utility billing disputes upon receipt of a request to do so from a City utility customer. Utility bill adjustment requests are required to be submitted in writing to the City’s Utility Billing Department for review by the Finance Director or designee. Upon receipt of such notice from the customer, the Finance Director or designee shall review the bill with the customer to determine if the amount is justly owed. The customer shall have the right to a meeting to bring forth reasons and evidence why such bill or portion of said bill should not be due and owing. B. The maintenance and repair of the water service pipe on the customer side of the water meter setter is the responsibility of the owner of the premises being served. The maintenance and repair of the sanitary sewer service pipe from the connection to the City’s sewer main to the Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 17 of 18 premises is the responsibility of the owner of the premises being served. The owner shall keep said water and sewer service pipes in good working order. C. In the case of a leak in the water service pipe, the owner may be entitled to an adjustment of their water/sewer utility bill upon written request by the customer. Any adjustment shall be made subject to the City’s Utility Leak Adjustment Policy as adopted by resolution of the City Council. Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on December 12, 2023. ________________________________________ Don Myers, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Skaug Vote: Date Published: December 18, 2023 Date Effective: January 1, 2024 Aye Aye Aye Aye Aye Absent Aye Document Ref: ZYYT9-DESTS-FPWWN-9ILJV Page 18 of 18 Signature Certificate Reference number: ZYYT9-DESTS-FPWWN-9ILJV Document completed by all parties on: 13 Dec 2023 23:32:53 UTC Page 1 of 1 Signer Timestamp Signature Katherine Kenison Email: kkenison@basinlaw.com Recipient Verification: Sent:13 Dec 2023 16:25:50 UTC Viewed:13 Dec 2023 16:35:34 UTC Signed:13 Dec 2023 16:35:54 UTC ✔Email verified 13 Dec 2023 16:35:34 UTC IP address: 162.118.7.69 Location: Moses Lake, United States Mayor Don Myers Email: dmyers@cityofml.com Recipient Verification: Sent:13 Dec 2023 16:25:50 UTC Viewed:13 Dec 2023 16:42:41 UTC Signed:13 Dec 2023 16:43:02 UTC ✔Email verified 13 Dec 2023 16:42:41 UTC IP address: 136.143.146.200 Location: Moses Lake, United States Debbie Burke Email: dburke@cityofml.com Recipient Verification: Sent:13 Dec 2023 16:25:50 UTC Viewed:13 Dec 2023 23:32:18 UTC Signed:13 Dec 2023 23:32:53 UTC ✔Email verified 13 Dec 2023 23:32:18 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 50,000+ companies worldwide.