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2845ORDINANCE NO.2845 AN ORDINANCE AMENDING CHAPTER 13.12OFTHE MOSES LAKE MUNICIPAL CODE ENTITLED "WATER,SEWER,AND STORMWATER RATES" THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS: Section!Chapter 13.12 of the Moses Lake Municipal Code entitled "Water,Sewer,and Stormwater Rates" is amended as follows: 13.12.010 Residential Water Rates: A.Arate shall beassessed 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 ofthe 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 ofthe City and outside the corporate limitsofthe City. NOTE:All minimum charges arethe base rate with all consumption in excess of five hundred (500)cubic feet computed atthe over five hundred (500)cubic feet rate. 13.12.015 Dwellings With Two Living Units: A.Arateshallbe assessed in accordance with theadoptedfeescheduleforwaterfrom the City system for adwelling 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 lotserved byone (1) meter. B.A rate shall be assessed in accordance with the adopted fee schedule for each meter in service toa dwelling with two (2)separate living units with only one (1)meter totheliving unit orfor two (2)houses ona single lot served by one(1)meter within thecorporate limits ofthe Cityand outside the corporate limits ofthe City. 13.12.020 Commercial Water Rates: A.Arate shall be assessed inaccordance with the adopted fee schedule forwater from the City watersystemforcommercial users and dwellings with three (3)ormoreliving units servedby one (1)meterwithin thecorporate limits ofthe City andoutsidethecorporate limits oftheCity. B. A rate shall be assessed in accordance with the adopted fee schedule for each meter in service for commercial users and dwellingswith three (3) or more living units served by one (1)meter within the corporate limitsof the Cityand outside the corporate limitsof 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 ofthe Cityand outside the corporate limitsofthe Cityfor sewer service from the Citysewer system for single-familydwellings 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 withinthe corporate limitsofthe Cityand outside the corporatelimitsofthe City for sewer service from the City sewersystem for duplexes withonly one (1)meterserving two (2) living units or for two (2) living units on a single lot served by one (1)meter. 13.12.040 Commercial Sewer Rates: A. A rate shall be assessed inaccordance withthe 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 Citysewer system by commercial users and dwellings with three (3) or more living units served by one (1)meter. ORDINANCE NO.2845 PAGE2 December 27, 2016 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 meterand 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 portionof all the water used does not flow into the sewer system,for whatever reason, but is lost by evaporation,irrigation,sprinklingor is used inmanufacturing or ina manufactured product, or is lost for whatever reason,and the person in control provides proof of this fact and installs a meter or othermeasuring device approved by the cityto measurethe amountofwater soused and so lost, or ifthe city is capable of determining the amount of sewage entering the city's sewer system by some other mechanical means,this watermay 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,only iftheir landscaping exceeds five thousand (5,000)square feet, shall be computed on the average consumption during the previous non-irrigation season,unless the user elects to install, at his expense,an approved measuring device to measure water not entering the sewer system.When a user has 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 irrigationseason.The irrigation season shall be defined as the period in which statements are mailed for the April through November billingcycles. 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 reserves the privilege to require pre-treatment of any material discharged into the sewerage system,or to prohibit discharge into the system of industrial wastes that,because of either volume or concentration,will overload existing sewerage facilities. D. All air-conditioning and refrigeration units that are installed,replaced or that have capacity increased after the effective date ofthe ordinance codified in this chapter shall be required to installrecirculating units. Disposal may not be accomplished by discharging intothe sanitary sewer system. 13.12.042 Stormwater Rates: The following shallbe the monthlyratefor stormwaterfees on residential and non-residential properties. A.Residential properties shall be assessed a rateinaccordancewith the adoptedfee schedule for each living unit. B.Non-residential properties shall be assessed a rate in accordance with the adopted fee schedule. C.Undeveloped property shall notbe 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.Requestsfor credit shall besubmitted totheMunicipal Services Director onforms provided bythe Municipal Services Department. 1.A credit ofupto eighty percent (80%)may be approved for non-residential properties for portions ofon-site stormwaterdischarges toprivately maintained on-site treatment facilities thatare in compliance with an active National Pollutant Discharge Elimination System (NPDES)permit.Acopy ofthe NPDES permit and the associated Stormwater Pollution Prevention Plan shall be provided tothe Municipal Services 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. ORDINANCE NO.2845 PAGE 3 December 27,2016 2. A credit of up to fifty percent (50%)may be approved for non-residential property for portionsofon-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 ofMoses Lakerequirements, and are approved by the Municipal Services 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 thatcomplies with the Department ofEcology's requirements andis approved by the Municipal Services Director. E.Approval of credit shall be indicated by a credit application thatis signed by the Municipal Services Director.Approved creditsare 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 Services Directorifon-site conditions change; iffederal, 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. F.The above stormwater rates will become effective May 1,2015. 13.12.090 Water Usage - Fire Hydrants:Water delivered through fire hydrantsassociated with the City's water system shall be billed as follows: A.The City shall provide a meter to measure the amount of water being delivered through a fire hydrant.The fee for themeter,plus thecommercial rate,shall beasassessed 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 asassessed 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 tocover thecostof providing fire protection capabilities through thesystem of fire hydrants included as part of the City's water system. Section 2. This ordinance shall take effect and be inforce five (5)days after its passage. Adopted by the City Council and signed by its Mayor on December 27, Todd Voth,Mayor ATTEST: Robert Taylor,Finance Director APPROVED AS TO FORM: